ILLINOIS POLLUTION CONTROL BOARD
    September 23, 1999
    COMMONWEALTH EDISON COMPANY (Dresden
    Power Station),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 00-48
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 23, 1999, the Illinois Environmental Protection Agency (Agency) filed a request for
    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 21-
    day provisional variance. The provisional variance would allow petitioner relief from its current thermal
    discharge limitations by operating in the direct open cycle mode for a period of 21 days while repairs are
    completed on certain voltage monitoring hardware and associated equipment. Petitioner was previously granted
    a provisional variance in
    Commonwealth Edison Company (Dresden Power Station) v. IEPA (August 5, 1999), PCB
    00-18 which expired on September 13, 1999. 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(d); (2) special
    conditions 2A, 2D, and 2G 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 9, 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 October 5, 1999, and ending on
    October 26, 1999, subject to the following conditions:
    1.
    The term of this provisional variance shall commence upon October 5, 1999, and continue for a
    period of 21 days ending on October 26, 1999.
    2.
    During the term of this provisional variance petitioner’s maximum temperature rise at the edge
    of the mixing zone shall be limited to 10.6 degrees Fahrenheit and the maximum temperature
    discharge at the outfall to the river shall not exceed 112 degrees Fahrenheit.
    3.
    Petitioner shall notify Matthew Wertman of the Agency’s Maywood regional office at the start of
    construction and completion of construction by telephone at 708/338-7900. Petitioner shall
    confirm this notice in writing within five days to the address noted in paragraph 4 below.
    4.
    During the term of this provisional variance, petitioner shall document environmental
    conditions. 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
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    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 implementing 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 take action to remedy the
    problem, and 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.
    7.
    Petitioner shall execute a copy of a Certificate of Acceptance of this provisional variance and
    forward that copy to the Agency at the same address listed in the above condition 4; the
    petitioner shall forward that copy within ten days of the date of this order of the Board; and the
    Certificate of Acceptance shall take the following form:
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    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 00-48 dated September 23, 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 23rd day of September 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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