ILLINOIS POLLUTION CONTROL BOARD
    June
    25,
    1981
    ILLINOIS POWER COMPANY, ET AL.,
    )
    Petitioners,
    v.
    )
    PCD
    81—82
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    MR. SHELDON
    A. ZABEL and
    MS.
    CAROLYN A. LOWN, Schiff,
    Hardin
    &
    Waite,
    appeared on behalf of Petitioners;
    MS. MARY V. REHMANN and MR.
    ROBERT C. THOMAS, Technical Advisors,
    appeared on behalf of Respondent.
    OPINION OF THE BOARD
    (by
    I. Goodman):
    This Opinion supports the Order entered on May
    28,
    1981.
    On August 7,
    1980 Illinois Power Company,
    Soyland Power
    Cooperative,
    Inc., and Western Illinois Power Cooperative, Inc.
    (IPC)
    filed a petition to allow a daily average condenser effluent
    temperature limitation of 99°F(37.2°C), and an absolute limitation
    of 108.3°F(42.4°C),to Lake Clinton when only one generating unit
    of the Clinton Power Station
    (Clinton Station)
    is operating.
    The
    prior regulatory proceeding relating to Lake Clinton
    (R75—2) had
    established a 96°Fabsolute limitation as alternative to that
    temperature which would have been required pursuant to Rule 203(i)
    (4)
    of Chapter
    3,
    the Board’s Water Pollution Rules and Regulations.
    That alternative temperature limitation was imposed ?ursuant
    to
    the procedure set forth in Rule 203(i)(10) and was listed as
    a
    regulation at Rule 203(i)(ll).
    The instant petition, first docketed PCB
    80—143, proceeded
    as a regulatory matter
    (R80—17)
    pursuant to the procedure
    in Rule
    203(i)(10),
    as ordered by the Board on September
    4,
    1980.
    On
    October 17,
    1980,
    the Board ordered that hearings
    for docket
    R80—17 include proposed deletion of Rule 203(i)(ll), which merely
    lists any alternative thermal effluent limitations granted by the
    Board pursuant to the procedure in Rule 203(i)(10).
    No
    objection
    to this Order was made by anyone either in writing or during the
    hearing on December 12,
    1980.
    On May
    1.4,
    1981 the Board ordered
    that the record of the IPC proceeding be incorporated into adjudi-
    catory proceeding PCB 81—82.
    On May
    28,
    1981 the Board issued a
    proposed Order deleting Rule 203(i)(ll)
    (R80—17) and an Order
    granting alternative thermal
    limitations from Clinton Station
    to Lake Clinton
    (PCB 81-82).
    42—145

    2
    Lake Clinton is an artificial cooling
    lake for nuclear—fueled
    Clinton Station currently under construction in DeWitt County by
    IPC.
    The station is designated to operate two generating units,
    each with a maximum capacity of
    950 megawatts
    (net).
    The 5,000—
    acres
    lake was formed by damming two streams, Salt Creek and its
    north
    fork, downstream of their confluence.
    Water will be
    withdrawn from one arm (the north fork)
    to cool the condensers
    and will discharge into the other arm
    (Salt Creek) of the lake.
    On July 31,
    1975, prior
    to the final Order in R75—2,
    the
    Board granted IPC variance from Rules
    203(i)(5) and 402.
    The terms
    of this variance were then incorporated into Rule 203(i)(ll)
    on
    August 14,
    1975 in R75—2.
    The scope of this proceeding extended
    to all the terms of the variance Order, as well
    as to daily average
    and absolute maximum temperature limitations given one—unit
    operation.
    On September 30,
    1975 the USEPA issued NPDES Permit
    No.
    0036919 imposing similar terms to the variance-—specifically,
    an absolute thermal limitation of 96°Fand the use of spray
    cooling modules to achieve it
    (Pet., p.2).
    All
    of the above
    legal
    proceedings concluded before construction of Clinton Station was
    completed and at a time when two generating units were planned for
    service.
    It is the delayed startup date of the second unit,
    for
    some ten years, which prompted this petition.
    At hearing,
    IPC updated and supplemented its demonstration
    under Rule 203(i)(10)
    (which had been presented in 1975 for the
    variance petition,
    the proceeding R75—2, and the USEPA pursuant
    to §316(a)
    of the Clean Water Act,
    33 U.S.C.
    §1251, et seq.).
    That modeling study was inherently nonrepresentative of cooling
    lake temperatures and currents,
    and its results
    as
    to Lake Clinton
    were at the time unverifiable because Lake Clinton had not then
    been created (R.14—15).
    In 1977 the Laterally Averaged Reservoir
    Model
    (LARM) was developed by a person whom IPC’s consultant had
    hired regarding the demonstration in this proceeding.
    This model
    represents
    a vast improvement in 1975 modeling techniques; not
    only can it account for longitudinal and vertical physical
    characteristics of
    a cooling
    lake,
    meteorological data and
    hydrological data, but it can include the effects of various
    hydraulic structures of a power station.
    LARM’s results were validated using data derived from the
    year 1978; its results are not valid for early or late summer,
    although the results which are valid are conservative for several
    reasons.
    The year 1978 was the fourth warmest summer in the past
    26 years,
    and 1955 the first warmest.
    Results were projected for
    92
    and 100
    loadings, where an average loading of only 87
    will
    occur
    (R.16—8).
    Finally,
    the temperature criteria which establish
    minimum and maximum temperatures for fish and other
    lake life
    behaviors
    (e.g.,
    survival, reproduction, cold shock)
    are inten-
    tionally conservative ones (R.30—2).
    Consultants of IPC who
    testified at hearing concluded that
    LARM
    for Lake Clinton was
    verified from 1978 year data
    (and that therefore its results are
    reliable)
    (R.19); the Illinois Environmental Protection Agency
    (Agency) was without reservation at hearing as to these matters
    42—146

    3
    (R.81).
    The Board notes that no person contradicted any witness’
    testimony.
    The Board finds that the modeling results afford
    reliable predictions and finds that any question of reliability
    as to early or late summer periods is more than answered by the
    conservative nature of many data points and assumptions used as
    input.
    The modeling was performed to support the proposition that
    one—unit operation without any temperature limitation upon Clinton
    Station discharges will produce lower overall cooling lake
    temperatures than will two—unit operation at an absolute maximum
    limitation of 96°F,the prior applicable limitation.
    IPC’s
    petition seeks 99°Fas
    a daily average maximum limitation,
    and
    108.3°Fas an absolute maximum limitation, during one—unit
    operation only.
    LARM’s results were that the maximum possible temperature
    which would be discharged by one—unit operation at 100
    loading
    would be, under the warmest summer conditions, 108.3°F. Other
    results were that temperatures over 96°Fwould occur only at lake
    bottom in the immediate vicinity
    of the condenser discharge point
    and only at relatively shallow surface levels
    in the remainder of
    the lake.
    One—unit operation would result
    in lower
    lake temper-
    ature than two—unit operation at a maximum limitation of 96°F
    except at the intake structures
    (R.18-9).
    Finally,
    81
    of the
    volume of the lake’s upper
    arms will warm to no higher than 90°F
    and would therefore be available for temperature refuge
    (R.72).
    Only rarely would one—unit operation cause temperatures to exceed
    96°Foutside the months
    of July through September,
    and then they
    would not exceed 96.5°F (R.22).
    IPC also produced evidence on the impact of its thermal
    effluent upon the ecological aquatic balance of the diverse bio-
    logical community within the lake,
    IPC performed a survival and
    growth analysis of the same eight species of fish analyzed
    in its
    1975 study and of the trophic level plants and animals
    (which are
    less sensitive to high temperatures than are fish).
    Four families
    of
    fish, with different feeding loads and temperature sensitivities,
    were chosen.
    The species
    of black bullheads and white and black
    crappie may not be representative of species found in Illinois
    cooling lakes
    (R.25—6,
    61).
    The ecological analysis considered both 1955 and 1978 years
    data, particularly meteorological and stream flow conditions,
    except
    that regarding reproduction the assumption was made that conditions
    in 1955 alone, regardless
    of the existence of heat input from
    Clinton Station, would severely inhibit reproduction.
    A further
    assumption was made that only the bluegill and channel catfish
    species spawn during the July-to-September months
    (R.23).
    The entire
    LARN
    demonstration was dependent upon the
    reliability
    of certain critical temperatures used as input.
    IPC
    followed USEPA protocol
    on the matter
    (R.23—4),
    although USEPA’s
    temperature criteria do not account for adaptation,
    genetic
    variability, or for water body type
    (R.31—2), and therefore are
    42—147

    4
    not cooling lake—specific.
    These critical temperatures, derived
    from literature
    in the field, were compared with LARM’s modeling
    of lake temperature distribution to determine the extent and
    location of areas having too—warm temperatures for survival and
    growth during the warmest periods of the summer months.
    Historical
    monitoring records of IPC were used to define the preferred
    (or
    most typical) habitats within the lake for each species.
    The use
    of this procedure was conservative in nature to the extent that
    other areas of habitat are available for spawning.
    The areas of
    preferred habitat were then compared with areas modeled to have
    acceptable survival temperature limitations
    to determine the
    percentage of each preferred habitat area which would be available
    for each species’
    spawning
    (R.24).
    The results,
    given one—unit operation without any maximum
    temperature limitation, were that the five fish species which are
    most representative of those
    found
    in Illinois cooling
    lakes will
    r~aintaintheir populations; that there will be more available
    preferred habitat areas
    for spawning purposes;
    that there will
    be no cold shock impact
    (e.g.,
    in the event that Clinton Station
    ceases its thermal discharge); and that beyond the immediate
    vicinity of the condenser,
    a minimum degree of trophic impact will
    occur
    (R.24—6).
    Again,
    even these favorable results are based on
    several conservative factors:
    the USEPA’s thermal criteria,
    the
    warmer—than—average meteorological conditions,
    and the limitation
    of spawning areas to preferred rather than available habitats.
    Finally,
    IPC’s lease to the Illinois Department of Conservation
    of 10,000 acres in and around Lake Clinton, and its joint efforts
    with that Department to enhance use of the lake as a sport fishery
    (R.27), will assure that one—unit operation over the next ten years
    will not result in the spoiling of the lake for recreational use or
    as a sport fishery.
    The Board is satisfied that one—unit operation
    will not produce unacceptable lake conditions.
    Furthermore,
    IPC produced evidence, derived from data from
    existing Illinois cooling lakes, that the total net impact of its
    thermal input will have less adverse ecological impact than the
    demonstration indicates.
    This is primarily because of the fact
    that spawning dates are caused by acceptable temperatures generally,
    rather than by acceptable temperatures at the right time of year
    (R.35—6).
    Even though one-unit operation given 1978 weather con-
    ditions would eradicate 20
    of the bluegill and 55
    of the channel
    catfish preferred spawning habitats
    (R.34), and given 1955 weather
    conditions would not enable black and white crappie
    to survive
    (R.41), the relatively warm year—round temperature conditions
    in the lake can offset any reduction
    in fish populations.
    Fish
    stocking can also offset any reduction.
    Not only can cooling
    lakes provide protection against unseasonably cold weather,
    unlike
    natural lakes
    (R.36,
    38), but cooling lakes provide an extended
    growth season
    (which can extend the fishing season)
    and,
    finally,
    seem to increase fish size.
    Clinton Lake will average over 50°F
    for ten of twelve months
    (R.38-0).
    These findings have support
    in several studies done during the mid—1970’s.
    42—148

    5
    The results of one study were that although the short-term
    maximum survival temperature
    for largemouth bass fry is 80.6°F,
    growth of this species was almost doubled at exposure to temper-
    atures of 86°Fas opposed to 68°F(R.37).
    This is further evidence
    of
    the conservative nature of the LARN results which are based
    upon critical temperature
    limitations.
    Studies of Baldwin Lake
    found that,
    although during the entire month of July of 1980
    temperatures at the intake structure of the power station exceeded
    the short—term maximum survival temperature for crappie by 5°F,
    these fish survived even without established preferred habitats
    and with only a single limited area of refuge, which are not the
    conditions at the Lake Clinton
    (R.41).
    The Board notes with
    interest the testimony that artificial lakes which are not cooling
    lakes typically thrive as fisheries for five years but then decline,
    whereas Lakes Baldwin and Sangchris have thrived as fisheries for
    eleven
    and
    fourteen years respectively
    (R.43).
    There is much evidence in the record of continued efforts
    to
    monitor survival and growth of the fish populations of Lake Clinton
    and the continued development of the area as
    a fishing and recrea-
    tional
    site,
    Vertical profiles of water chemistry, derived from
    samples of
    23 parameters taken at 1—meter—depth intervals at eight
    lake and two downstream lake locations,
    are being gathered for
    temperature, dissolved oxygen,
    pH,
    and conductivity
    (R.43).
    Testimony established that fish are more sensitive to
    low oxygen
    levels than to high temperature levels, but that oxygen depletion
    occurs at levels below
    the twenty—foot stratum where preferred
    habitats are found
    (R.58—O).
    When the lake was first
    filled,
    oxygen levels were approximately
    4 parts per million in the top
    eight meters of the lake;
    however, this situation is improving
    (R.68—9).
    Fish and trophic level plants and animals are monitored
    quarterlyat seven lake and two downstream lake locations.
    The
    Department of Conservation performs a fishery survey and IPC a
    fisherman’s creel survey
    (R.44).
    These activities serve not only
    to detect changes
    in the lake’s ecology,
    but to establish various
    types of baseline data which will he useful
    in assessing impact of
    two—unit operation, expected in
    the
    year 1991.
    IPC’s studies can
    distinguish between
    the
    effects of its stocking the lake and the
    effects
    of its thermal input
    (R.64).
    Neither the Illinois Environmental Protection Agency nor the
    Illinois Department of Conservation have objected to IPC’s petition.
    Similarly, by letter of September 19,
    1980 to the Agency the USEPA
    expresses approval.
    The Board has received no public comment
    from
    persons or entities other than the Agency and Illinois Power
    Company.
    Although the temperature limitations in Rule 203(i)(4) may
    be achieved by the installation of spray cooling modules,
    IPC
    asserts that not only is this technology over five years old, but
    when two—unit operation begins ten or more years from now, IPC
    would like to have flexibility to consider other appropriate
    control methodologies.
    Furthermore,
    as Illinois Power Company’s
    42—149

    6
    comment points out,
    the Agency’s permit issuance authority could
    be compromised were the Board to require the
    use
    of only a specific
    technology prior
    to the time that Clinton Station is operated with
    both generating units when other technology exists which can provide
    adequate environmental protection.
    The Board finds that the use of
    spray cooling modules
    is unnecessary to meet
    the
    limitations
    in its
    Order of May
    28,
    1981.
    1PC testified as
    to the necessity of imposing conditions
    similar
    to those
    imposed
    in the prior variance,
    e.g.:
    (1)
    submittal
    of a lake management plan to the Department of Conservation;
    (2)
    allowing the public access
    to the lake
    for
    recreational purposes;
    (3) the invocation of specific startup and shutdown procedures to
    minimize the affects of cold shock;
    (4) developing the lake’s
    ecological environment; and
    (5)
    regular reporting of environmental
    data to the Agency.
    At hearing the Agency offered no evidence or
    objection to deletion of these conditions.
    The Agency’s comment
    (issued under R80—17) recommends that most of these conditions
    should remain
    in effect; the responsive
    comment of Illinois Power
    Company refutes the Agency on every point.
    The Board finds that,
    for the reasons expressed in this Opinion, none of the conditions
    remains necessary.
    The Board finds that compliance with Rule 203(i)(4) by IPC at
    this time would
    impose an arbitrary hardship upon
    it.
    Not only
    are cooling modules,
    the sole existing technology for compliance,
    extremely expensive
    ($29 million in 1983 dollars, August of
    1983
    being the scheduled date of startup of
    the
    initial generating unit,
    R.51,
    71), but
    there
    is no evidence
    in the record of the impact of
    cooling modules upon
    the ecological
    community.
    Their installation
    will disrupt lake currents and,
    therefore,
    change preferred habitat
    locations and sizes.
    Moreover,
    they can
    create area fogging and
    are capable of emitting
    particulate
    matter.
    The Board is not
    convinced that better technology at a
    lower
    cost will not exist
    in the future such as to make
    a
    large
    expenditure at this time,
    and during interim operations before
    both
    units become on
    line,
    unreasonable.
    The evidence
    in this record compels the conclusion
    that one—unit operation
    will produce
    insignificant effects on the
    ecological community of Lake
    Clinton.
    This Opinion
    constitutes the findings ot fact and
    conclusions
    of law of the Board
    in this matter.
    I, Christan L.
    Moffett, Clerk of
    the Illinois Pollution
    Control Board,
    hereby certify
    that the
    above Opinion was adopted
    on the
    ~
    day of
    ~
    .
    —,
    1981 by a vote of
    Christan L. Moff~,t1~,Clerk
    -
    Illinois Polluti~n~controlBoard
    42—1.50

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