ILLINOIS POLLUTION CONTROL BOARD
    March 31,
    1994
    COMMONWEALTH
    EDISON
    )
    (DRESDEN
    GENERATING STATION),
    )
    )
    Petitioner,
    v.
    )
    PCB 94—104
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    Pursuant to Section 35(b) of the Environmental Protection
    Act
    (Act)
    (415 ILCS 5/35(b)), Commonwealth Edison has requested
    that the Illinois Environmental Protection Agency (Agency)
    recommend that the Board grant a provisional variance to allow
    Commonwealth Edison to continue operating during a period of
    electric generating facility modifications/permanent electrical
    system repairs.
    Such request for a provisional variance and the
    Notification of Recommendation was filed with the Board by the
    Agency on Wednesday, March 30,
    1994.
    Pursuant to Section 35(b)
    of the Act, the Board must issue the variance within two
    (2) days
    of this filing.
    Pursuant to Section 35(b)
    of the Environmental Protection
    Act
    (Act)
    (415 ILCS 5/35 (b)),
    the Illinois Environmental
    Protection Agency (Agency), by and through its Director, Mary A.
    Gade,
    seeks a provisional variance for Commonwealth Edison in
    order to allow it to continue operating during a period of
    electric generating facility modifications/permanent electrical
    system repairs.
    Specifically, the Agency recommends that we grant
    Commonwealth Edison a twenty-one
    (21)—day provisional variance
    for its Grundy County facility from the thermal discharge
    standards in 35 Iii. Adm. Code 302.211(d) and 304.141(c).
    This
    provisional variance shall begin no later than May 31,
    1994 when
    the petitioner begins repair to its electric generating facility,
    by removing its forced lift station from service, and continuing
    until the petitioner returns that unit to service, but not for
    longer than 21 days.
    The Agency recommends that the Board grant the requested
    provisional variance with specified conditions.
    The Agency
    agrees that the repairs are necessary.
    The Agency anticipates
    that the requested provisional variance would have minimal
    environmental impact on the receiving stream.
    The Agency is
    unaware of any public water supplies that the requested
    provisional variance would adversely impact.
    The Agency

    2
    maintains that
    a grant of a provisional variance would violate no
    federal laws.
    The Agency finds that a denial of the requested
    provisional variance would create an arbitrary or unreasonable
    hardship on the petitioner.
    Provisional variances are by their very nature temporary.
    The responsibilities of the Agency and the Board in these short-
    term provisional variances are different from the responsibil-
    ities in standard variances.
    (~
    415 ILCS 5/35
    (b)
    & 36(c)).
    In provisional variances it is the responsibility of the Agency
    to make the technical determinations and finding of arbitrary or
    unreasonable hardship.
    The Board’s responsibility is to adopt
    a
    formal order, to assure the formal maintenance of the record, to
    assure the enforceability of the variance, and to provide
    notification of the action by a press release.
    Having received the Agency recommendation finding that a
    denial of the requested relief would impose an arbitrary or
    unreasonable hardship, the Board hereby grants the petitioner a
    provisional variance from 35 Ill. Adm. Code 302.211(d) and
    304.141(c),
    on the following conditions:
    1.
    The term of this provisional variance shall begin no
    later than May 31,
    1994 when the petitioner Commonwealth
    Edison,
    initiates repairs to its electric generating
    facility by removing its lift station transformer from
    service and it shall expire on the date the petitioner
    completes the required maintenance work, or after twenty—one
    (21) days have elapsed, whichever comes first;
    2.
    During the term of this provisional variance,
    Petitioner shall not exceed a final discharge temperature of
    24 degrees F above the ambient water temperatures in the Des
    Plaines and Kankakee Rivers at the Petitioner’s river intake
    structure location.
    3.
    The petitioner shall notify Maureen Brehmer of the
    Agency’s Maywood Regional office by telephone, at 708/338-
    7900
    ,
    when it removes its forced lift station from service
    and when it returns the unit to service, and the petitioner
    shall confirm this notice in writing within five
    (5) days,
    addressed as follows:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois
    62794—9276
    Attention:
    Dan Ray

    3
    4.
    During the term of this provisional variance,
    Petitioner shall continuously monitor the temperature at the
    intake structure,
    at the discharge point and at the Dresden
    lock and dam as indicated by the Petitioner in its variance
    request.
    5.
    During the term of this provisional variance,
    Petitioner shall operate the two boiling water reactors at
    reduced loads so that the maximum amount of cooling water to
    be discharged daily will be 940 MGD.
    6.
    The petitioner shall execute a copy of a Certificate of
    Acceptance of this provisional variance and forward that
    copy to the Agency addressed as is the written notice
    required in the above condition; the petitioner shall
    forward that copy within ten
    (10) days of the date of this
    order of the Board, and the Certificate of Acceptance 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 94-104, March 31,
    1994.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.

    4
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    do hereby certify that the above order was adopted on the
    3/_l~4-
    day of ____________________________,
    1994,
    by a vote of
    ~
    Dorothy M. p~nn,Clerk
    Illinois P~)(lutionControl Board

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