ILLINOIS POLLUTION CONTROL BOARD
    October
    9,
    1986
    COMMONWEALTH EDISON COMPANY,
    BYRON GENERATING STATION,
    )
    Petitioner,
    v.
    )
    PCB 86—168
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.D. DuTnelle):
    This provisional variance request comes before
    the Board
    upon
    an October
    8,
    1986 Recommendation of the Illinois
    Environmental Protection Agency (Agency).
    The Agency recommends
    that a 45—day provisional variance be granted
    to
    the Commonwealth
    Edison Company
    (CWE)
    from 35
    Ill.
    Adm. Code 304.120(a)
    as
    it
    pertains to
    the biochemical oxygen demand
    (BOD)
    and
    total
    suspended solids
    (TSS)
    effluent requirements of the Petitioner’s
    NPDES Permit for Outfall 001(b)
    (Sewage Treatment Plant
    Discharge) during the
    time period
    in which portions of the sewage
    treatment plant are bypassed for essential maintenance and
    repairs.
    The Petitioner’s Byron Generating Station
    is a nuclear—
    fueled steam electric generating plant located
    in Byron,
    Ogle
    County,
    Illinois.
    At this nuclear
    power pant,
    a maximum
    capacity of 2350 megawatts of electric power will
    be provided by
    two pressurized
    water
    reactors.
    There
    is one 1175 megawatt
    electric unit presently
    in operation,
    while the other electric
    unit
    is still under construction.
    (Pet.
    1—2).
    Commonwealth
    Edison Company owns and operates both sanitary and
    industrial
    wastewater
    treatment
    facilities
    in
    conjunction
    with
    its
    Byron
    Generating
    Station.
    The
    Petitioner’s
    sanitary
    wastewater
    treatment facilities, which are the subject of the instant
    provisional variance request, consist of flow equalization
    equipment, grit removal, flow measurement,
    final claifiers,
    aeration tanks,
    sand filters, disinfection, sludge drying beds,
    and aerobic digestion.
    (Rec.
    1).
    These facilities have
    a design
    average flow of 0.046 million gallons per day
    (MGD)
    and treated
    effluent from
    the sewage treatment plant discharges into
    the Rock
    River via the generating station’s cooling tower blowdown lines
    after being
    combined with effluent from the
    industrial wastewater
    treatment facilities.
    CWE presently discharges wastewaters
    pursuant to
    its NPDES Permit No.
    IL 0048313 which was just
    reissued on April 28,
    1986.
    (Pet.
    1).
    73-73

    —2—
    The reason that corrective maintenance work
    is vitally
    important
    is that “cracks
    in welds between the various chambers
    of the old activated sludge plant have been observed” while
    “cracks
    in the bottom are suspected”.
    (Pet.
    2).
    Moreover,
    the
    coatings on the chamber walls are corroding, thereby jeopardizing
    their
    integrity.
    During the requested provisional variance
    period,
    CWE
    intends to
    repair
    the welds, sand blast
    the walls,
    and recoat the chamber walls.
    The units not undergoing
    maintenance will remain
    in
    service
    to provide some treatment of
    the domestic wastewater.
    (Pet.
    1—2; Rec.
    2).
    The Petitioner
    emphasizes the necessity for essential maintenance by contending
    that,
    if the weld (and other)
    repairs are not performed soon,
    “the plant could be idled
    for
    a much longer reconstruction
    period”.
    (Pet.
    2).
    As alternatives to partially bypassing
    its sewage treatment
    plant,
    the company has considered two primary alternatives:
    (1)
    to shut down electric plant operations
    and thereby eliminate
    all
    waste
    inputs,
    and
    (2)
    to shut the sewage treatment plant down
    and
    use portable tanks
    for the storage of sewage generated during
    the
    shutdown.
    (Pet.
    2; Rec. 2).
    However, the Petitioner believes
    that
    a shutdown of its electric plant operations
    is not feasible
    since
    it would necessitate the complete shutdown of its 1175
    megawatt electric unit which
    is currently generating power
    on a
    24—hour
    a day, 7—day
    a week basis, thereby costing
    CWE
    (and
    ultimately its
    customers
    via
    increased
    electric
    rate
    charges)
    up
    to $1,000,000
    per day in
    fuel charges and electric power
    replacement costs.
    (Pet.
    2).
    Moreover,
    its sewage treatment
    plant receives wastes even when the electric plant is not
    operating,
    so that a complete
    elimination of waste
    inputs “could
    only be accomplished by virtually deserting the site and this
    is
    clearly impossible.”
    (Pet.
    2).
    Similarly,
    the shutdown of its sewage
    treatment plant and
    use of
    portable tanks
    for
    the storage of
    sewage generated during
    the shutdown
    is not practical “because of the amount
    of storage
    that would be required and the difficulty that would arise later
    in trying
    to
    treat the
    stored waste
    along with the normal
    treatment load”.
    (Pet.
    2).
    In
    its Recommendation,
    the Agency
    has stated that it agrees with the Petitioner’s “assessment of
    the alternatives and the remedial method selected”.
    (Rec.
    2).
    To minimize any adverse environmental
    impact while repairs
    to its sewage treatment plant are being performed,
    the Petitioner
    plans
    to
    reduce the level
    of pollutants
    in its discharge by:
    (1)
    performing
    the essential maintenance and
    repair work
    in stages,
    so that units
    (such as the digester) not normally used for
    treatment will be reconfigured
    to provide some treatment
    at all
    times,
    and
    (2) providing temporary tanks
    for chlorination “to
    assure uninterrupted disinfection” during the
    time period that
    repairs are being
    completed.
    (Pet.
    2).
    73-74

    —3—
    The
    Petitioner
    has stated that it believes that “the
    environmental impact
    to the Rock River will
    be negligible due
    to
    the relatively small wastewater volumes involved
    (daily average
    flow of the STP
    is approximately 20,000 gallons per day)
    and
    because
    the discharge
    is co—mingled with cooling tower blowdown
    water
    flowing at approximately 10,000 gallons per second prior
    to
    its entry to the Rock River”.
    (Pet.
    2).
    In fact,
    CWE
    expects
    that discharges
    from its sewage treatment plant
    will, during most
    of the time,
    still
    be
    in compliance with the requisite NPDES
    Permit limits because of
    its partial treatment of sewage wastes
    and chlorination of
    its sewage treatment plant discharges during
    the time that necessary maintenance work is performed.
    (Pet.
    2).
    After carefully evaluating
    the company’s detailed
    maintenance plan
    for performing the requisite system repairs,
    the
    Agency has indicated that
    it agrees with CWE’s conclusion that
    there will be
    a minimal environmental impact.
    (Rec.
    2).
    Based
    on limited sampling
    of partially treated sewage which
    the Byron Generating Station has collected during the past
    several weeks, the Petitioner has requested that interim effluent
    limitations
    of 100 mg/l for biochemical oxygen demand and 100
    mg/l for total suspended solids from Outfall 001(b)
    should
    be
    established during the
    time period that corrective maintenance
    work will
    be done.
    (Pet.
    1).
    However, the Agency has recommended
    that the Board set
    interim effluent limits of
    75 mg/l
    for both BOD and TSS because
    CWE
    will be providing partial
    treatment while
    the requisite
    repairs are being made.
    (Rec.
    2).
    The Board believes that the
    Agency’s evaluation of the situation
    is fundamentally cor;ect,
    and will therefore set appropriate interim effluent limits
    in
    accord with the Agency’s recommendation.
    The Commonwealth Edison Company contends that denial of its
    requested provisional variance would
    impose
    an arbitrary or
    unreasonable hardship because
    it will now be providing partial
    treatment to
    the wastewater
    when repairs are made, while
    the
    alternative of doing nothing until
    failure of the welds would
    probably result in little
    or
    no treatment being provided for
    a
    period longer than 45 days.
    (Pet.
    1—3).
    The Agency agrees with the Petitioner’s assessment of
    hardship and has therefore concluded that immediate compliance on
    a short—term basis with
    35 Ill. Adm. Code 304.120(a)
    as
    it
    pertains
    to the BOD and TSS effluent requirements of the
    Petitioner’s NPDES Permit for Outfall 001(b) would
    impose
    an
    arbitrary or
    unreasonable hardship upon the company “since
    Petitioner
    is ready to repair
    the affected treatment units before
    total failure occurs
    and will be able
    to provide partial
    treatment while the repairs are made”.
    (Rec.
    1—3).
    Additionally,
    there
    are no
    federal
    regulations which would
    preclude
    the granting
    of the requested relief and there
    are no
    73-75

    —4—
    public
    water
    supplies which would be adversely affected by the
    granting of the provisional variance.
    Accordingly,
    the Agency
    has recommended
    that the Board grant
    the Petitioner
    a provisional
    variance
    from 35
    Ill.
    Adm.
    Code 304.120(a) as
    it pertains to the
    Bod
    and TSS effluent limitations
    for Outfall 001(b), subject
    to
    various specified conditions.
    Pursuant to Section 35(b)
    of the Illinois Environmental
    Protection Act,
    the Board hereby grants the provisional variance
    as recommended.
    This Opinion constitutes
    the Board’s findings of fact and
    conclusions of law
    in this matter.
    ORDER
    The Petitioner,
    the Commonwealth Edison Company (Byron
    Generating Station),
    is hereby granted a provisional variance
    from 35 Ill.
    Adm. Code 304.120(a)
    as it pertains
    to
    the
    biochemical oxygen demand
    and
    total suspended solids effluent
    requirements of its NPDES Permit No.
    IL 0048313 for Outfall
    001(b)
    (Sewage Treatment Plant Discharge), subject
    to the
    following conditions:
    1.
    This provisional variance shall
    begin on October
    17,
    1986,
    and shall continue
    for 45 days thereafter,
    or
    until the
    repairs to
    the sanitary wastewater
    treatment facilities
    are completed, whichever
    occurs
    first.
    2.
    The Petitioner
    shall
    sample
    and analyze the effluent
    discharged
    from Outfall 001(b)
    as required by its NPDES
    Permit No.
    IL 0048313.
    Analysis results shall
    be recorded
    and submitted
    to the Agency on the requisite monthly
    discharge monitoring
    reports.
    3.
    Effluent discharged
    from Outfall 001(b)
    shall be limited
    to 75 mg/i and 35.5 lb/day for both biochemical oxygen
    demand
    and
    total suspended
    solids
    as
    30—day
    averages
    during
    the
    time
    period
    of
    this
    provisional
    variance.
    4.
    The
    Petitioner
    shall
    notify
    Mr.
    Gary
    Reside
    of
    the
    Agency’s Compliance Assurance Section via telephone
    at
    217/782—9720 when the repair work
    is started and when
    it
    is completed.
    Written confirmation of each telephone
    notification shall
    be submitted within
    5 days to the
    Agency at the address given
    below:
    73.76

    —5—
    Illinois
    Environmental
    Protection
    Agency
    Division
    of
    Water
    Pollution
    Control
    Compliance Assurance Section
    2200
    Churchill
    Road
    Springfield, Illinois
    62706
    Attention:
    !‘lr.
    Gary Reside
    5.
    The
    Petitioner
    shall
    adhere
    to
    the
    maintenance
    procedure
    referred
    to
    in
    its
    provisional
    variance
    petition
    so
    as
    to
    provide
    partial
    treatment
    at
    all
    times.
    6.
    The Petitioner
    shall operate
    and maintain its sanitary
    wastewater treatment facilities so as to produce the best
    effluent
    possible
    during
    this
    provisional
    variance
    period.
    7. Within
    10 days of the date of the Board’s Order, the
    Petitioner
    shall execute
    a Certificate of Acceptance
    and
    Agreement which shall
    be sent to Mr. James Frost of the
    Agency
    at
    the
    following
    address:
    Mr. James Frost
    Illinois
    Environmental
    Protection
    Agency
    Division
    of
    Water
    Pollution
    Control
    Compliance Assurance Section
    2200
    Churchill
    Road
    Springfield, Illinois 62706
    This certification shall have the following
    form:
    I,
    (We)
    ,
    having
    read
    the Order of the Illinois
    Pollution
    Control
    Board
    in
    PCB
    86—168
    dated October
    9,
    1986,
    understand
    and accept said Order,
    realizing
    that
    such
    acceptance
    renders
    all
    terms
    and
    conditions
    thereto
    binding
    and
    enforceable.
    Petitioner
    By:
    Authorized
    Agent
    Title
    Date
    73.77

    —6—
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Opinion and Order was
    adopted on the
    ____________
    day of
    ~
    ,
    1986 by a
    vote of
    _____________
    ~
    Dorothy
    M.
    n,
    Clerk
    Illinois Pollution Control
    Board
    73.78

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