ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1996
    IN THE MATTER OF:
    PETITION OF COMMONWEALTH
    EDISON COMPANY FOR ADJUSTED
    STANDARD FROM 35 ILL. ADM. CODE
    302.211 (d) and (e)
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    AS 96-10
    (Adjusted Standard - Water)
    ORDER OF THE BOARD (by E. Dunham):
    On June 17, 1996, Commonwealth Edison Company (ComEd) filed a “Motion for
    Reconsideration or Modification and Leave to File an Amended Petition Instanter”. ComEd
    seeks reconsideration or modification of the Board’s June 6, 1996 order which ordered ComEd
    to file an amended petition satisfying the requirements of 35 Ill. Adm. Code 106.Subpart A.
    ComEd contends that 35 Ill. Adm. Code 106.Subpart A is inappropriate and does not
    correspond with the regulatory relief sought by ComEd. ComEd states that the petition for
    alternate thermal standards is filed pursuant to 35 Ill. Adm. Code 304.141(c) for which there
    are no procedural rules. ComEd notes that the petition for alternate thermal standards was
    characterized by the Board as an adjusted standard. While ComEd believes that an alternate
    thermal standard pursuant to Section 304.141(c) may be technically different than an adjusted
    standard, it is willing to follow the procedures of Section 106.Subpart G and has submitted a
    petition in accordance with Section 106.705.
    The Board grants the motion for reconsideration of its June 6, 1996 order. In its June
    6, 1996 order the Board directed ComEd to amend its petition to satisfy the requirements of 35
    Ill Adm. Code 106.Subpart A and determined that it would follow the procedural rules for a
    heated effluent demonstration. The Board’s procedural rules do not specify the requirements
    for a petition filed pursuant to Section 304.141(c) and ComEd did not specify in its petition
    any procedural requirements that it would follow. When the petition was originally filed the
    Board characterized the petition as an adjusted standard and decided to follow the procedural
    requirements for a thermal demonstration due to the similarities between an alternate thermal
    standard and a heated effluent demonstration. In addition, Section 106.102(d) allows a
    petitioner in a heated effluent demonstration to make a showing pursuant to Section 304.141(c)
    for a heated effluent demonstration. However, after reviewing ComEd’s motion for
    reconsideration, the Board believes that the information necessary for an alternate thermal
    standard can also be provided by the filing of an adjusted standard petition in accordance with
    35 Ill. Adm. Code 106. Subpart G.
    Accordingly, the Board modifies its June 6, 1996 order deleting the portion of the
    order directing ComEd to file an amended petition satisfying the requirements of 35 Ill. Adm.
    106. Subpart A and instead directs ComEd to file an amended petition satisfying the
    requirements of 35 Ill. Adm. Code 106.Subpart G. The Board will proceed with this matter
    as an adjusted standard pursuant to 35 Ill. Adm. Code 106.Subpart G.
    2
    The Board allows the filing of the adjusted standard petition instanter. However, the
    amended petition does not contain a statement that the granting of the requested alternate
    thermal standards are consistent with federal law as required by 35 Ill. Adm. Code 106.705(i).
    ComEd is ordered to supplement the amended petition with a statement consistent with Section
    106.705(i). In addition, ComEd must also file a certificate of publication as required by 35
    Ill. Adm. Code 106.712. The Board notes that ComEd has waived its right to a hearing on the
    petition. (Am. Pet. at 16.)
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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