ILLINOIS POLLUTION CONTROL BOARD
    October 3, 2002
     
    EXELON GENERATION COMPANY, LLC,
    (Dresden Nuclear Generating Station),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
          
    PCB 03-40
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On October 1, 2002, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board grant a 10-day provisional variance beginning on October 12, 2002,
    to Exelon Generation Company, LLC (Exelon). The provisional variance from certain thermal
    discharge limitations in Exelon’s National Pollution Discharge Elimination System (NPDES)
    permit would allow Exelon to perform essential maintenance on the lift pump electrical
    switchgear and operate in the open cycle mode at its nuclear-fueled steam electric generating
    facility. Specifically, Exelon seeks provisional variance from:
     
    1. Special Condition 4(A), which requires the maximum temperature rise above
    natural temperatures not to exceed five degrees at the edge of the mixing zone
    while operating in closed cycle mode;
     
    2. Special Condition 4(D), which requires operation in a closed cycle mode from
    October 1 to June 15; and
     
    3. Special Condition 4(G), which allows bypass of the cooling pond only when both
    generating units are out of service.
     
    Exelon’s facility is located at the confluence of the Des Plaines and Kankakee Rivers at
    Illinois River mile 272.3 near Morris, Grundy County. The Agency states that failure to grant
    the provisional variance would impose an arbitrary or unreasonable hardship on Exelon.
     
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2000)) provides:
     
    The Board shall grant provisional variances, only upon notification from the
    Agency that compliance on a short term basis with any rule or regulation,
    requirement or order of the Board, or with any permit requirement would impose
    an arbitrary or unreasonable hardship. Such provisional variances shall be issued
     
    2
    within 2 working days of notification from the Agency. 415 ILCS 5/35(b) (2000);
    see also
    35 Ill. Adm. Code 104.302.
     
    A provisional variance lasts for no more than 45 days, but the Board can extend the time period
    up to an additional 45 days on the Agency’s recommendation. Provisional variances granted to
    one person cannot exceed a total of 90 days during any calendar year. 415 ILCS 5/36(c) (2000);
    35 Ill. Adm. Code 104.308.
     
    The Board grants Exelon a provisional variance from the thermal discharge limits
    contained in special conditions 4(A), 4(D), and 4(G) of its NPDES permit number IL0002224,
    subject to the following conditions:
     
    1. This variance shall begin when Exelon notifies the Agency that the lift station has
    been taken out of service on October 12, 2002, and continue for ten days (240
    consecutive hours) from that date or until completion of the project, whichever
    occurs earlier.
     
    2. During the variance period, Exelon shall monitor and record the intake, discharge,
    and Dresden Lock and Dam temperatures on a continuous basis so that an
    accurate temperature can be supplied to the Agency upon demand.
     
    3. During the variance period, Exelon shall conduct visual inspections three times
    daily in the vicinity of the intake and the discharge areas to assess any mortalities
    to fish and other aquatic life, and to document the effects of the increased flow
    and the increased thermal output to the river. If any unnatural or offensive
    environmental impacts are identified, Exelon shall notify the Agency
    immediately.
     
    4. Exelon shall document environmental conditions during the term of the
    provisional variance, including the activities described in (2) and (3) above, and
    submit the documentation to the Agency, at the address listed below, within 30
    days after the provisional variance expires.
     
    5. Exelon 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, at the address listed below, within 30 days after the provisional
    variance expires.
     
    6. Exelon shall immediately notify the Agency 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 as changes occur until normal
    conditions return; notify the Agency when normal conditions return; and submit
    the documentation to the Agency, at the address listed below, within 30 days after
    normal conditions return.
     
    3
     
    7. Exelon 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. Exelon shall notify Jeb McGhee of the Agency by telephone at 217/782-9864
    when maintenance is complete and Exelon has returned to a closed cycle, as
    required by NPDES permit number IL0002224. Written confirmation shall be
    sent within five business days to the following address:
     
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section
    Attention: Jeb McGhee
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    IT IS SO ORDERED.
     
    If Exelon chooses to accept this provisional variance, it must execute a Certificate of
    Acceptance of all terms and conditions of this provisional variance and, within ten days after the
    date of the above order, forward the executed certificate to the Agency at the above address. The
    form of the certificate is as follows:
     
    CERTIFICATE OF ACCEPTANCE
     
    Exelon accepts and agrees to be bound by all terms and conditions of the
    Pollution Control Board’s October 3, 2002 order in PCB 03-40.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    4
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 3, 2002, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top