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
(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
conclusions of law.
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
-~
day of
-
, ,~,
C ~
,
1971.
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3— 250