ILLINOIS

POLLUTION CONTROL BOARD

October 31,

1972

MT. CARMEL PUBLIC UTILITY CO.

v.

)

#72—330

ENVIRONMENTAL PROTECTION AGENCY

Opinion of the Board (by Mr. Currie)

On November 11, 1971, we approved a program for bring-

ing the Utility’s coal-fired boilers into compliance with the

particulate emission regulations adopted in 1967 by the Air

Pollution Control Board. The variance was granted for one

year, subject to extension upon a showing of satisfactory

progress, as the statute requires, since portions of the

program were expected to take longer than a year.

Mt.

Carmel

Public Utility Co. v. EPA, #7l-l5R, 3 PCB 25. The present

petition seeks the contemplated extension.

The initial order required the shutdown of Boiler #5

by October 1, 1972 and that its conversion to oil firing

be completed by March 30, 1973. The company reports this part

of its program is on schedule. There is no need to allow

emissions from this boiler exceeding the standard, as by the

time it is back in service it will be burning oil and meet—

ing the standard. We shall require adherence to the March

30, 1973 date as a condition of extending other portions of

the variance, so that as much of the load as is practicable

can be borne by the oil-fired unit as soon as possible. We

shall require preferential use of generating units meeting the

standards, in order to reduce emissions from the remaining

coal-fired boilers.

The Utility was also required to pursue construction

of a 69—ky transmission line to enable it to provide electric

service to a new coal mine by January, 1973 and to serve as

one link in an interconnection discussed below that will make

retirement of polluting boilers possible. This phase

is

also

on schedule, and we see no reason not to reapprove the date

originally contemplated for its completion.

Most critical at this point is the further requirement

respecting a 138-ky line to bring power from Central Illinois

Public Service Co. and make possible the retirement of the

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remaining coal—fired boilers 1 and 4, which remain out of com-

pliance. Our order required this connection to be accomplish-

ed by June, 1974 and required every reasonable effort to

shorten the period. The Utility’s sworn petition goes in-

to considerable detail as to the difficulties encountered

in attempting to obtain the necessary rights of way. Con-

demnation proceedings will be pursued, and it is estimated

that completion of the line can still be accomplished on

schedule. The Agency’s recommendation confirms the diligent

efforts of the Utility in this regard. We reaffirm the June

1974 date, subject to further proof of satisfactory progress

after another year as required by the statute.

Finally, the Utility asks that we extend the compliance

date to May 30, 1975, the date on which certain new regulations

adopted by this Board will take effect. As the Agency points

out, the adoption of the new and more stringent regulations

for future compliance in no way modifies or postpones the duty

of emitters to comply with the pre—existing emission regulations,

which were adopted as long ago as 1967. The request for

a 1975 date must be denied.

ORDER

The variance granted Mt. Carmel Public Utility Co.

on November 11, 1971 (#71-l5R) is hereby extended to

October 31, 1973, subject to extension to June 1974 upon a

showing of satisfactory progress, to permit particulate

emissions from its boilers ~#l and 4 in excess of the

limits of Rule 3-3,112 of the Rules and Regulations Govern-

ing the Control of Air Pollution, provided the follow-

ing conditions are met:

1. The Utility shall complete the conversion of Boiler

#5 to oil firing by March 30, 1973;

2. The Utility shall complete the 69 KV line from Mt.

Carmel to Keensburg by January, 1973;

3. The Utility shall complete the 138 KV line from

Keensburg to Albion by June 30, 1974, and shall make

every effort to complete this line at an earlier date.

Quarterly reports as required by the November Il,

1971 order shall continue to be filed;

4. The Utility shall not operate Boilers ##l or 4 in vio-

lation of the particulate regulations after the in-

stallation of the 138 KV line referred to in

paragraph 4, or June 30, 1974, whichever is earlier.

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5. The bond required by our order of November 11, 1971

shall be continued in effect for the period of this

variance.

6. The Utility shall make preferential use of units

capable of operation in compliance with emission

limits, and shall limit emissions to the extent

practicable with existing equipment, during the period

of this variance.

7. Application for extension of this variance shall be

made not less than 90 days before expiration of this

variance.

8. Failure to comply with any of the conditions of this

variance shall be grounds for revocation of the

variance.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion this

31st. day of October, 1972, by a vote of ~

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