ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1990
    tOMMONWEALTH EDISON COMPANY,
    )
    ZION POWER STATION,
    )
    Petitioner,
    )
    V.
    )
    PCB 90—223
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    SUPPLEMENTAL OPINION OF THE BOARD (by J. Marlin):
    At its last meeting, the Board issued its customary short
    order granting Commonwealth Edison the provisional variance as
    recommended by the Illinois Environmental Protection Agency
    (Agency). The Board customarily does not describe the facts in
    these cases, as the Illinois Environmental Protection Act (Act)
    requires the Board to grant any provisional variance lawfully
    recommended by the Agency as necessary to prevent “arbitrary or
    unreasonable hardship”.
    However, some public confusion has arisen as to the nature
    and environmental effects of the Board’s action. The Board
    accordingly is taking the unusual step of issuing this clarifying
    Opinion.
    What is a provisional variance?
    The Environmental Protection Act now provides for two types
    of variances “regular” variances and provisional variances
    (Sections 35—38), although it originally provided only for the
    “regular” variance. Regular variances can last up to 5 years.
    Provisional variances can last no longer than 45 days, renewable
    for a total of only 90 days in any calendar year. The purpose of
    variances is to allow a source to lawfully operate during a
    period in which it is, for example, upgrading equipment to meet
    pollution control standards. The “price” to the source of
    receiving a variance is commitment to conditions of operation to
    minimize pollution during that period.
    The Board has up to 120 days to process and to decide
    requests for “regular variances”. The “regular” variance,
    procedures require the publication of newspaper notice that a
    variance request has been filed, and the holding of a public
    117—159

    —2—
    hearing if a timely request for a hearing is made.
    The provisional variance procedure was created by the
    legislature in 1980 to solve a problem that was created by the
    very procedures designed to maximize public input into the
    variance process. Simply, on some occasions sources are faced
    with temporary and unexpected situations which would be long over
    before the “regular” variance procedures could be completed.
    Under these circumstances, a source could not receive Board
    review and approval of measures it might wish to take to minimize
    pollution, and by the same token the state could not require that
    specific steps be taken during the period of non—compliance.
    So provisional variances were created to bypass the more
    complicated variance procedures for use in short term and
    emergency situations. The provisional variance request is made
    to the Agency, and not the Board. The Agency investigates the
    situation, determines whether an “arbitrary or unreasonable
    hardship” exists, and decides what conditions are needed to
    minimize environmental damage. The Agency has 30 day to process
    the request. If it decides that a provisional variance should be
    granted, the Agency, and not the Board, in a formal finding
    states that grant of variance is warranted. The Agency then
    sends the Recommendation to the Board, which has 2 days to act
    upon the Agency recommendation.
    The Board reads the provisional variance portions of the
    statute as limiting its review to legal questions as the
    shortness of the two day review period indicates legislative
    intent that the Board defer to the Agency’s technical expertise
    in these limited timeframe areas.
    The facts of this case
    In summary, the purpose of Commonwealth Edison’s provisional
    variance request was to allow time to do needed maintenance work
    on its waste water treatment plant (WWTP) Outfall 001(a) at its
    nuclear fueled steam electric generating facility located on Lake
    Michigan at Zion, Illinois. The variance allows Commonwealth
    Edison to remove this Outfall for a maximum of 45 days from
    service and to reroute the water normally treated there to
    Outfall 001(e) (Unit 1 oil/water separator). A direct comparison
    of “before and after” the grant of variance discharge limits is
    not at present physically possible; direct comparison of numbers
    produces an “apples and oranges” result.
    The discharge from Outfall 001(a) is normally permitted to
    allow a monthly average discharge, measured at the “end of the
    pipe” of 15.0 mg/l of oil and grease and 15.0 mg/l of total
    suspended solids. Due to the configuration of existing
    equipment, the oil and grease TSS concentrations of existing
    equipment, the rerouted wastewater cannot be measured at the “end
    117—160

    —3—
    of the pipe” where it leaves the oil/water separator. Instead,
    under the variance, it is being measured at a fire sump prior to
    entry into the oil/water separator. At this point, prior to
    entry into the separator which is expected to remove
    approximately 80 of oil present in wastewaters (Agency Rec.
    Par.6), the maximum allowable monthly average concentrations of
    oil and grease and TSS under the variance are 75 mg/l.
    In summary, if the oil/water separation works as intended,
    the actual discharge to the Lake will not exceed 15 mg/i during
    the pendancy of the variance. As mentioned earlier, the current
    permit allows a discharge of 15 mg/l.
    The variance Order provides that Commonwealth Edison is
    required to maintain use of the oil water separator, and to:
    perform all work as to return its Outfall
    001(a) to service as soon as possible to
    minimize the period of time that the facility
    is out of service and operate its plant during
    the term of this provisional variance in a
    manner that assures the best effluent
    practicable; (Board Order of November 29,
    1990, Conditions 3,4).
    As part of the “best effluent practicable” condition
    The tCommonwealth Edison Zion station is
    committed to taking the following actions to
    reduce the generation of wastewaters and
    minimize any environmental impact while
    repairs to the WWTF are performed:
    1. The station has minimized demineralizer
    regenerative wastewaters because its permanent
    dernineralizers are not being used.
    The
    station is making demineralized water with a
    mobile package system which has its resin beds
    regenerated off site. However, these mobile
    demineralizer require occasional flushing.
    2. Instructions will be given to all station
    personnel to reduce wastewaters resulting from
    station activities.
    3. Temporary oil collection devices, i.e.,
    oil booms, will be used throughout the station
    to contain oil from getting into the
    wastewaters.
    117—161

    —4—
    4.
    The wastewaters will be temporarily
    routed to the Unit 1 oil/water separator for
    treatment prior to discharge. (October 3,
    1990, Commonwealth Edison letter, p. 3).
    This variance was granted by the Board based on statements
    made by the Agency, after its analysis of information supplied by
    Commonwealth Edison and after its two inspection of the
    Commonwealth Edison facility, that:
    1)
    Outfall 001(a) of the wastewater
    treatment plant was “in critical need of some
    maintenance repair work” (Agency Rec, Par. 3);
    2) “the Agency agrees that the environmental
    impact on Lake Michigan should be minimal”,
    based on its agreement with Commonwealth
    Edison’s statement that it expects the
    environmental impact to Lake Michigan to be
    negligible due to the relatively small
    wastewater discharges involved, and because
    Unit 1 oil/water separator will provide
    treatment for oil” (October 3, 1990, letter,
    p. 2); and
    3) “the Agency believes that the petitioner
    has chosen the best alternative for correcting
    the problem and preventing catastrophic tank
    failure” (Agency Rec. Par. 8).
    J.D. Dumelle dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif~ythat the above Supplemental Opinion was
    adopted on the ~O~day
    of
    ~
    1990, by a vote
    of
    ~—/
    Dorothy M. 4~inn, Clerk
    Illinois Pd~lutionControl Board
    117—162

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