ILLINOIS POLLUTION CONTROL BOARD
    August 20,
    1981
    IN THE MATTER OF:
    )
    REPEAL OF RULE 203(i)(ll)(aa)
    OF CHAPTER 3:
    )
    R80—17
    WATER POLLUTION RULES AND REGULATIONS
    )
    PROPOSED OPINION OF THE BOARD
    (by I. Goodman):
    This Opinion is in support of the Order adopted on May
    28,
    1981, which initiated first notice of repeal of Rule 203(i)(ll)(aa)
    of Chapter 3: Water Pollution Rules and Regulations.
    A proposal was filed before the Board by Illinois Power
    Company, Soyland Power Cooperative, Inc., and Western Illinois
    Power Cooperative, Inc.
    (IPC) on August
    7,
    1980 to amend Rule 203
    (i)(ll)(aa), which listed alternative thermal effluent standards
    and limitations for Lake Clinton, an artificial cooling lake con-
    structed for the operation of Clinton Power Station by IPC.
    On
    October 17,
    1980 the Board ordered the scope of the hearing for
    that proposal to include whether Rule 203(i)(ll)(aa) should be
    deleted as an unnecessary listing of alternative limitations and
    standards applicable to cooling lakes.
    No objection from IPC,
    the Illinois Environmental Protection Agency (Agency),
    or other
    persons or entities was received by the Board.
    Hearing was held
    on December 12, 1980 meeting the requirements
    of Rule 203(i)(10).
    On May 14,
    1981 the Board ordered that that part of R80-17
    concerning IPC’s petition for alternative thermal standards be
    made docket PCB 81—82, and that the instant docket retain the
    Board’s proposal to delete Rule 203(i)(ll)(aa).
    The proposal to
    delete the rule
    is not substantive in nature.
    On May 28,
    1981
    the Board issued an Order proposing deletion of the rule.
    On June 28,
    1977, the Board had amended Rule 203(i)(10)(cc)
    to provide for an adjudicatory hearing for petitions seeking
    thermal
    limitations alternative to those required by Rule 203(i)(4).
    Alternative limitations granted pursuant to Rule 203(i) (10)
    Previously were listed in Rule 203(i)(ll)(aa).
    (R77—7.)
    The Board finds that no purpose is served by Rule 203(i)(ll)
    (aa),
    and that in fact the rule is in conflict with the specific
    procedure given in Rule 203(i)(10)
    for alternative standards.
    There is confusion as to whether Petitioners who seek alternative
    standards should seek to amend the rule which lists them (203(i)
    (ll)(aa))
    or to obtain relief pursuant to the specifically estab-
    lished procedure (203(i)(10)).
    The problem is exacerbated when,
    as was the case with IPC,
    a petitioner already operates under
    alternative standards but seeks amendments
    to those alternative
    standards.
    43—235
    2
    The resulting confusion serves only to increase delay and to make
    relief more costly to obtain, both for Petitioners and for the
    Board and the Agency.
    For these reasons the Board deleted Rule 203(i)(ll)(aa).
    Alternative standards, when granted via Rule 203(i)(10),
    shall be
    enforceable by NPDES permit rather than by both permit and Board
    rule.
    Deletion of the rule, being procedural in nature, in no way
    affects or conflicts with the Act,
    the Clean Water Act, or other
    applicable
    statutes.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion was adopted
    on the &~~‘day of
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    ,
    1981 by a vote of
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    Illinois Pollution
    trol Board
    43—236

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