ILLINOIS POLLUTION CONTROL BOARD
    May 14,
    1981
    ILLINOIS P~MERCOMPANY,
    (Clinton Power Station),
    )
    Petitioner,
    v.
    )
    R80—17
    PCB 81—82
    ic~~rriois
    ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD (by
    I.
    Goodman):
    The regulatory proceeding herein, R80—17, was filed before
    the Board by Illinois Power Company
    (IPC) and others on August 7,
    1980 proposing an amendment to Chapter
    3:
    Water Pollution Control
    Rules and Regulations, Rule 203(i)(11)(aa).
    This rule lists
    exceptions to Rule 203(i)’s thermal effluent limitations.
    A hearing
    was held on December 12,
    1980;
    no public comment from entities other
    than IPC has been received.
    On June
    9,
    1977,
    in R77-7,
    the Board amended the procedural
    aspect of 203(i)(10)
    petitions from regulatory to adjudicative in
    nature in order to simplify the manner in which alternative thermal
    standards could be determined for specific sites.
    Since that date,
    Rule 203(i)(10) petitions have either been docketed as nonregulatory
    matters or have been changed from regulatory to adjudicative
    proceedings by Board Order
    (see R76-6 and PCB 78-271,
    Order of
    November
    2,
    1978, re Lake Sangchris).
    On October 17, 1980 the Board ordered the scope of R80—17 to
    include deletion of Rule 203(i) (11), which merely lists the alter-
    native limitations promulgated pursuant to the adjudicatory pro-
    cedure under Rule 203(i)(10),
    to avoid petitions to amend regula-
    tions when they are in substance petitions
    for adjudicatory pro-
    ceedings under Rule 203(i)(10).
    The Board finds that establishing alternative thermal standards
    for power station cooling lakes by both Board regulation
    (Rule
    203(i)(11)) and Board Order
    (Rule 203(i)(10))
    is unnecessary and
    confusing.
    Therefore,
    pursuant to the Board’s October 17,
    1980
    Order that alternative thermal
    standards for Lake Clinton he set
    pursuant to a Rule 203(i)(10) adjudicative proceeding, the Board
    hereby orders PCB 81—82 to be opened and the record of R80—17
    incorporated therein.
    4
    1—453
    The Board will utilize R80—17 to delete Rule 203(i)(11)(aa).
    The proposed alternative thermal effluent limitations for Lake
    Clinton pursuant to Rule 203(i)(10) will proceed under the docket
    PCB 81-82.
    All future petitions will be docketed as nonregulatory
    matters.
    IT IS SO ORDERED.
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution Contr~i
    Board, hereby certify that the above Order was adopted on the ~V’
    dayof~$~~
    ,
    1981 byavoteof
    ~C_~
    Christan
    L. Moffe~,Clerk
    Illinois Pollution control Board
    41—454

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