ILLINOIS POLLUTION CONTROL BOARD
December 19, 1974
SOUTHERN
ILLINOIS
POWER
COOPERATIVE
Petitioner,
v.
)
PCB
74—359
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Respondent.
OPINION AND
ORDER
OF
THE
BOARD
(by
Dr.
Odell)
On October
4,
1974, Southern Illinois Power Cooperative
(SIPC)
filed its Petition for Variance to extend the date by
which it had to achieve compliance with Rule 203(g) of the Air
Pollution Regulations
(Chapter Two)
and Rule 2-2.53 of the Rules
and Regulations Governing the Control of Air Pollution
(Rules
and Regulations).
In two previous Pollution Control Board
(Board)
cases,
SIPC had been granted variances to operate its electric power
generating station above the particulate limitations set out in
Chapter Two and the Rules and Regulations.
In Southern Illinois
Power Cooperative
v. Environmental Protection Agency, PCB 72—2Tff,
7 PCB 9
(February
6,
1973J, Petitioner was granted a variance until
January 30, 1974,
in order to install three electrostatic pre-
cipitators on 4ts coal-fired boilers, subject to a construction
program which *ould bring its facilities into compliance by April
1975.
The Order indicated further variance extensions conditional
on good faith efforts to implement its installation program.
In
Southern Illinois Power Cooperative v. Environmental Protection
Agency PCB 73-436,
10 PCB 363 (December 13, 1973), a variance was
granted until January 30, 1975, to permit continued implementation
of the original compliance plan.
Petitioner operates its facility eight miles south of Marion
in Williamson County,
Illinois.
The plant has three 33 M~units,
each fired by cyclone boilers equipped with multiple cyclone dust
collectors.
Electrostatic precipitators have to be installed for
all three units.
However, the delivery of Robicon Rapper Controls
--
to be installed on the precipitators
-—
has been delayed for
30 days.
Although the precipitators can be operated without the
Controls, stack gases cannot be removed until the Robicon Rapper
Controls are working.
The Petitioner requested that a variance
be granted from Rule 203(g)
of Chapter Two and Rule 2-2.53 of the
Rules and Regulations until May 30, 1975.
Present particulate
emissions are 0.67 lb/MBTU.
Rule 203(g) (1) (B)
of Chapter Two
14
—
763
—2—
limits emissions to 0.1 lb/MBTU.
The standard under Rule 2-2.53
of the Rules and Regulations is 0.45 lb/MBTU.
The Environmental Protection Agency
(Agency)
filed its
Recommendation on November 15, 1974.
The Agency was of the
opinion
that Petitioner’s compliance program would reduce total emissions
to 0.04 lb/MBTU, which would be in compliance with both Rule 2-2.53
and Rule 203 (g) (1) (B).
The Agency recommended that the
variance
be
granted until May 30, 1975.
The Agency
believed
that
a
thirty—day
extension beyond the April 1975 date originally
contemplated
by
the
Board was reasonable considering the delay in obtaining the
Robicon
Rapper Controls and the time required for start-up, debugging,
and
testing.
The variance request from Rule 203 (g) (1) (B)
is dismissed as
untimely in that the Rule is not in effect for the duration of this
variance.
We grant the variance from Rule 2—2.53 of the Rules and
Regulations until May 30, 1975.
We grant the variance for the
following reasons.
First,
the character and degree of environmental
injury will be minimal for the term of this variance.
Second, the
pollution source serves an important social and economic function
on the community.
Third, the facility is well suited to the area
in which it
is operating.
Fourth, the Petitioner has acted in good
faith and done everything technically practical to achieve com-
pliance.
IT IS THE ORDER of the Pollution Control Board that:
1.
Variance from Rule 203(g) (1) (B)
of Chapter Two is
dismissed as untimely.
2.
Southern Illinois. Power Company be granted a Variance
from January 30, 1975, until May 30, 1975,
from Rule 2—2.53 of
the Rules and Regulations Governing the Control of Air Pollution,
unless completion of start—up and testing of the electrostatic
precipitators permits compliance at an earlier date.
3.
All applicable conditions imposed by the Board Order
in PCB 72-238 shall remain in full force and effect.
The date for
forfeiture
of $10,000, as stated in Order
#2 of PCB 72—238, shall
be moved to May 30, 1975.
IT
IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was adopted
on the
IT~&
day of
____________,
1974, by a vote of
4/
toO
ristan L.
ett
14
—
784