ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1999
    COMMONWEALTH EDISON COMPANY (Dresden
    Power Station),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 00-18
    (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 Commonwealth
    Edison Company’s Dresden Power Station (petitioner) located in Grundy County, Illinois, a 45-day provisional
    variance. 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, for the period beginning when the currently permitted 259 hours for discharges within this
    temperature band have been used, and continuing for 45 days. 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: (1) 35 Ill. Adm. Code 302.211, 304.141(b), and (c);
    (2) special condition 2C of petitioner’s National Pollutant Discharge Elimination System (NPDES) Permit No.
    IL0002224; and (3) the Board’s order in In the Matter of: 410(c) Petition for Dresden Nuclear Generating Station
    (July 8, 1981), PCB 79-134. 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 for the period beginning when the currently authorized 259
    hours in the temperature band between 90 degrees Fahrenheit and 93 degrees Fahrenheit have been used and
    continuing for 45 days, subject to the following conditions:
    1.
    The term of this provisional variance shall commence upon the date during 1999 that
    Commonwealth Edison Company (Dresden Power Station) completes use of the presently
    allowed 259 hours for discharges in the temperature band between 90 degrees Fahrenheit and 93
    degrees Fahrenheit, as established by petitioner’s current NPDES Permit No. IL 0002224, and
    continuing for an additional period of up to 45 days.
    2.
    During the term of this provisional variance, whenever discharge temperatures exceed 90
    degrees Fahrenheit, the Dresden Power Station shall be operated in such a manner as to allow
    only essential electrical production needs to be maintained.
    3.
    Petitioner shall notify Matthew Wertman of the Illinois Environmental Protection Agency’s
    Maywood regional office at the start of the usage and completion of usage by telephone at
    708/338-7900. Petitioner shall confirm this notice in writing within five days to the address
    noted in condition 4 below.
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    4.
    During the term of this provisional variance, petitioner shall document environmental
    conditions during the additional excursion hours. Intake, discharge, and Dresden Lock & Dam
    temperatures will be continuously monitored. Also, visual inspection of the intake and
    discharge areas shall be performed by station personnel at least three times per day during the
    variance period to assure that no significant fish mortalities result. A written summary of this
    data shall be submitted to the Agency within 30 days after the variance period is completed. This
    information shall be sent to the following address:
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section #19
    Attention: Dan Ray
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    5.
    Petitioner shall immediately begin biological activities for the characterization of the response of
    fish and other aquatic life to the thermal conditions resulting from this provisional variance.
    6.
    If any unusual conditions are detected or observed, petitioner shall immediately notify the
    Agency. Petitioner shall investigate and document the cause and seriousness of the situation
    while providing updates as changes take place until the return to normal operations.
    Petitioner shall sign a certificate of acceptance of this provisional variance and forward that certificate to
    the Agency at the same address listed in condition 4 above within ten days of the date of this order. The
    certification shall take the following form:
    3
    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
    00-18 dated August 5, 1999.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    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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