ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1999
    CENTRAL ILLINOIS PUBLIC SERVICE COMPANY
    d/b/a AMEREN CIPS,
    NEWTON GENERATING STATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 00-21
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 4, 1999, the Illinois Environmental Protection Agency (Agency) filed a request for a provisional
    variance and notification of recommendation. The Agency recommends that the Board grant Central Illinois
    Public Service Company d/b/a Ameren CIPS, Newton Generating Station (petitioner), located in Jasper County,
    Illinois, a 45-day provisional variance. The provisional variance would allow petitioner relief from its current
    thermal discharge limitations by allowing additional hours in which the plant’s discharge may be in the
    temperature band over 111 degrees Fahrenheit, for the period beginning when the current permitted 110 hours for
    discharge expire. In making its recommendation, the Agency states that failure to grant the requested provisional
    variance will result in an arbitrary or unreasonable hardship.
    The Board grants petitioner a provisional variance from 35 Ill. Adm. Code 304.141(a) and the Board’s order
    in Central Illinois Public Service Company (Newton Lake Thermal Power Station) v. Illinois Environmental
    Protection Agency (June 5, 1997), PCB 97-159. The Board is required, in a provisional variance, to adopt a formal
    order, assure formal maintenance of the record, assure the enforceability of the variance, and provide notification
    of the action by press release. Pursuant to Section 35(b) of the Environmental Protection Act (Act) (415 ILCS 5/35(b)
    (1998)), the Board must issue the provisional variance within two days of the filing.
    The Board grants the provisional variance from 35 Ill. Adm. Code 304.141(a) and the Board’s order in
    Central Illinois Public Service Company (Newton Lake Thermal Power Station v. Illinois Environmental
    Protection Agency (June 5, 1997), PCB 97-159 for 45 days, subject to the following conditions:
    1.
    The term of this provisional variance shall commence on August 2, 1999, and continue for 45
    days.
    2.
    During the term of this provisional variance, petitioner shall continue to comply wit
    h a monthly
    average effluent limit of 106 degrees Fahrenheit. In addition, the generating station shall be
    allowed 110 additional hours over their current thermal effluent limits at which the facility may
    exceed 111 degrees Fahrenheit as a daily maximum;
    3.
    During the term of this provisional variance whenever petitioner uses any of its additional 110
    hours over tits current thermal effluent limits, petitioner shall operate its facility in such a
    manner as to allow only essential electrical production needs to be maintained; and
    Petitioner shall sign a certificate of acceptance of this provisional variance and forward that certificate to
    Mark T. Books at the address indicated below within ten days of the date of this order.
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section #19
    2
    Attention: Mark T. Books
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    The certification shall take the following form:
    CERTIFICATION
    I (We), _________________________________, hereby accept and agree to be
    bound by all terms and conditions of the order of the Pollution Control Board in PCB
    00-21 dated August 5, 1999.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the appeal of final
    Board orders to the Illinois Appellate Court within 35 days of service of this order. Illinois Supreme Court Rule
    335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for
    Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 5th day of August 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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