ILLINOIS POLLUTION CONTROL BOARD
    August 9, 2001
     
    EXELON GENERATION COMPANY, L.L.C.
    (Dresden Nuclear Power Station),
     
     
    Petitioner,
     
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
     
    Respondent.
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    PCB 02-17
    (Provisional Variance – Water)
     
    ORDER OF THE BOARD (by C.A. Manning):
    On August 7, 2001, the Illinois Environmental Protection Agency (Agency) filed a request for
    provisional variance and notification of recommendation. The Agency recommends that the Board grant
    a 45-day provisional variance to the Dresden Nuclear Power Station, owned by the Exelon Company
    (Exelon) located near Morris, Grundy County. The provisional variance would allow petitioner relief
    from its current thermal discharge limitations of 259 hours in which the plant’s discharges may be in the
    temperature band between 90 degrees Fahrenheit and 93 degrees Fahrenheit. The provisional variance
    will allow for replacement of fill material necessary to optimize cooling efficiency in the cooling towers.
     
    In making its recommendation, the Agency states that failure to grant the requested provisional
    variance for 45 days will result in an arbitrary or unreasonable hardship on the petitioner. The Agency
    agrees with Exelon that granting a provisional variance “will cause no adverse environmental impacts.”
    Ag. Rec. at 5.
     
    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 (415 ILCS
    5/35(b) (2000)), the Board must issue the provisional variance within two days of the filing.
     
    The Board grants Exelon a provisional variance from 35 Ill. Adm. Code 302.211, 304.141(b)
    and (c), National Pollutant Discharge Elimination System (NPDES) Permit IL0002224304 special
    condition 4C and the Board’s order in PCB 79-134 (July 8, 1991).
     
    The provisional variance is granted for the Dresden Nuclear Power Station, subject to the
    following conditions:
     
     
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    1.
    The variance shall begin on August 7, 2001, or the date that petitioner completes use of
    the presently allowed 259 hours in the temperature band between 90 degrees
    Fahrenheit and 93 degrees Fahrenheit, as established by the petitioner’s current
    NPDES permit, whichever occurs later, and shall continue for a period of 45 days.
    Petitioner may use up to an additional 259 hours in the temperature band 90 degrees
    Fahrenheit and 93 degrees Fahrenheit in that 45- day period, but in no case shall
    petitioner’s effluent temperature exceed 93 degrees Fahrenheit.
     
    2.
    Petitioner shall notify Roger Callaway of the Agency by telephone at 217-782-9720 at
    the start and again at the completion of usage. Written confirmation of each notice shall
    be sent within five days to the following address:
     
      
     
    Illinois Environmental Protection Agency
    Bureau of Water – Compliance Assurance Section
    Attention: Barb Conner
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    Illinois Department of Natural Resources
    Division of Fisheries Resources
    Springfield, Illinois 62701-1787
    Attention: Mike Conlin
    600 North Grand Avenue West
    Springfield, Illinois 62701-1787
    Attn: Mike Conlin
     
    3.
    Petitioner shall continuously monitor intake, discharge, and receiving water temperature
    and visually inspect intake and discharge areas three times daily during the term of the
    provisional variance to assess any mortalities to fish and other aquatic life.
     
    4.
    The petitioner shall document environmental conditions during the term of the
    provisional variance and submit the documentation to the Agency and the Illinois
    Department of Natural Resources (DNR), at the addresses listed above, within 30 days
    after the provisional variance expires.
     
    5.
    The petitioner shall immediately implement biological activities to characterize how fish
    and other aquatic life respond to the thermal conditions resulting from the provisional
    variance; document these activities; and submit the documentation to the Agency and
    the DNR, at the addresses listed above, within 30 days after the provisional variance
    expires.
     
     
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    6.
    The petitioner shall immediately notify the Agency and DNR of any unusual conditions,
    including mortalities to fish or other aquatic life; immediately take action to remedy the
    problem; investigate and document the cause and seriousness of the unusual conditions
    while providing updates to the Agency and DNR as changes occur until normal
    conditions return; notify the Agency and DNR when normal conditions return; and
    submit the documentation to the Agency and DNR at the addresses listed above, within
    30 days after normal conditions return.
     
    7.
    The petitioner shall develop and implement a response and recovery plan to address
    any adverse environmental impact due to thermal conditions resulting from the
    provisional variance including loss and damage to aquatic life.
     
    8.
    Petitioner shall sign a certificate of acceptance of this provisional variance and forward
    that certificate to Roger Callaway at the Agency’s address indicated above within ten
    days of the date of this order. The certification should 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 02-17 dated August 9, 2001.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
     
      
      
    ______________________________________
     
      
      
    Title
     
      
      
    ______________________________________
     
      
      
    Date
     
     
     
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (2000)) 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 101.520, Motions for Reconsideration.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the 9th day of August 2001 by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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