ILLINOIS POLLUTION CONTROL BOARD

January

3,

1973

)

BURLINGTON NORTHERN,

INC.

)

)

)

v.

)

PCB 73-451

)

)

ENVIRONMENTAL PROTECTION AGENCY

)

)

I’IR. MICHAEL GINSBERG, appeared on behalf of the Environmental

Protection Agency

MR.

BARRY

N.

GIJTTERMAN, appeared on behalf of Burlington Northern,

Inc.

OPINION AND ORDER OF THE BOARD

(by Mr.

Dumelle):

A Motion to Extend Variance

(PCB

73-175) was filed with

the

Board on October 26,

1973.

It has been docketed as

a new

variance from Rule 3-3.112 of the Air Pollution Rules.

No

public hearing was held.

In an Opinion and Order adopted by the Board on July 26,

1973 variance was granted until November 1,

1973 to Burlington

Northern to operate

its coal-fired power plants on 14th Street

in Chicago until steam could be procured from the Chicago Union

Station.

The Burlington Northern now alleges

in

a verified

affidavit that the approved time schedule of PCB 73-175 cannot

be complied with because

of; redesign,

time necessary

to secure

authority for additional funds,

cont.ract renegotiation, unexpected

track-work, buried concrete foundations causing

a delay,

and

finally,

less storage space

than anticipated which caused a double

handling of pipe.

Petitioner states that the steam and condensate pipes are

now being installed but cannot be completed until January

1,

1974.

The Agency in its recommendation filed December 14,

1973 asks

for a grant.

It states that no complaints have been received

from neighboring citizens concerning

this source.

It

repeats

the allegation in the original petition that failure to grant the

variance would result

in the loss

of steam for heating, and the

loss

of compressed air and water heating capacities.

There would

be a drastic curtailment of commuter train service

to Chicago.

We

do not agree

that failure

to grant the variance is

equivalent

to

a shutdown order.

But,

in absence of complaints

and in consideration of the very short period of operation, we

grant the variance.

Good faith has been shown and the new

steam line may very well now be completed and in operation.

10 —561

---

-2-

ORDER

1.

Variance is granted from November 1,

1973

to January

1,

1974

from Rule 3-3.112 of the Air Regulations

to operate the three

coal-fired steam boilers.

2.

Petitioner shall notify the Agency on the date that

the boilers

are shut down.

IT

IS SO ORDERED.

Mr. Henss was not present.

I,

Christan L. Moffett, Clerk of the

Illinois Pollution Control

Board,)~reby certify the above Opinion and Order were adopted on

the

~

day of

January, 1974 by a vote of

4~_

~

I 11

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ii

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Christan L. Mof1~ett’,Z1êrk

Illinois Pollution

G.è~titrol Board