ILLINOIS POLLUTION CONTROL BOARD

December 9, 1971

CITY OF HIGHLAND

V.

)

#

71—284

ENVIRONMENTAL PROTECTION AGENCY

Opinion of the Board (by Mr. Currie):

The City of Highland operates an electric generating

station. Its Air Contaminant Emission Reduction Program

(ACERP)

,

approved by the Air Pollution Control Board, required

replacement of coal-fired boilers with oil~-gas units by July

1, 1971. The City petitioned us July 2 (#7l~l8l) for a variance

extending this date to October 1 on the ground that its supplier

had experienced delays in equipment delivery. The Agency

recommended that the extension be allowed on certain conditions.

In late September, however, the City asked for a further

extension to January 1, 1972, on the ground that opetating

problems had developed in the new units being installed and

that the additional time was needed for debugging. The

Agency’s recommendation, received December 2, is as before.

We grant the variance as requested. The City has encountered

delays for which no one has suggested it can be blamed, and a

shutdown of the old power plant before the new is ready would

cause disproportionate hardship to innocent citizens relying

on the City for electricity.

The Agency asks that a bond be posted to assure compliance.

The statute provides for a bond, hut we have generally allowed

35 days for the filing of security, and in this case 35 days

would be after the date for compliance. We do not think the

statute requires us to order a futile act. The Agency also

asks that we impose several conditions relating to standby use

of the coal boilers after they are replaced. While we have

in appropriate cases upheld the Agency’s right to raise issues

beyond those in the petition, e.g., Greenlee Foundries v. EPA,

#

70-33 (March 17, 1971); A.E. Staley & Co. v. EPA,

#

71—174

3

—

249

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(Sept. 30, 1971), we think that in a case like the present

in which no hearing is scheduled we cannot act on such suggestions

in the absence of more information in the Agency’s recommendation.

The Agency is welcome to bring any further proceeding it deems

necessary with regard to issues not raised by the petition.

This opinion constitutes the Board’s findings of fact

and

ORDER

The city of Highland is hereby granted a variance ex-

tending the date for replacing its coal-fired generating

units to January 1, 1972. within 30 days after that date the

city shall file a report with the Agency

and

with the Board

indiciting the status of its control program.

I,

christan

Moffett, Acting clerk of the Pollution control

Board,

certify that the Board adopted the above Opinion

this

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day of

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C ~

,

1971.

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