ILLINOIS POLLUTION CONTROL BOARD
July 12,
1979
CENTRAL ILLINOIS PUBLIC SERVICE CO.,
)
)
Petitioner,
)
v.
)
PCB 79—84
)
ENVIRONMENTAL PROTECTION AGENCY,
)
)
Respondent.
)
OPINION
AND
ORDER
OF
THE
BOARD
(by
Mr.
Goodman):
On
April
16,
1979
Central
Illinois
Public
Service
Co.
(CIPS)
filed
its
petition
for
variance
before
the
Board
requesting relief from the thermal standards applicable to
Newton
Lake under Rules 203(i)(1) through
(4) of the Board’s
Chapter 3:
Water Pollution Rules and Regulations.
The
Board received the Agency’s Recommendation in this matter on
May
16,
1979;
no
hearing
was
held
and
the
Board
has
received
no
public
comment.
CIPS
is
an
electric
and
gas public utility serving por-
tions of central
and
southern Illinois generating approximately
2,400 megawatts
through
the
operation
of
five
power stations
and employing approximately 2,500 people.
Newton Power
Station, the subject of this petition,
is under construction
in Jasper County and will consist of two 617 megawatt coal—
fired units.
Newton
#1 is on line
and
Newton
unit
#2
is
scheduled
to start up in
December,
1981.
The
source
of
cooling
water
for
the
heat
dissipation
of
Newton
Power
Station
is
Newton
Lake,
a
1755
acre
manmade
lake.
CIPS is
currently before the Board in PCB 78-271, a petition for
specific thermal standards for Newton Lake
under
Rule 203(i) (10).
In this petition
a~s
requests relief from the requirements
of Rule 203(i)(1) through
(4)
and from the requirement of
Item
6, Attachment B(2) of the March 23,
1979 NPDES permit
until such time as PCB 78—271, CIPS’s petition for the
establishment of specific thermal standards for Newton Lake
is resolved.
In addition CIPS requests the Board direct the
Agency to incorporate any
adopted
thermal
standards
into
the
NPDES permit for Newton Power Station.
CIPS alleges that it
would have to undertake an extensive construction and modifi-
cation program or reduce or eliminate load during certain
periods in order to comply with the provisions of Rules
ic—cc
—2—
203(i)(1) through
(4) and Item
6 of their NPDES permit.
This would entail a severe economic hardship to
CIPS
and its
customers and is unreasonable at a time when CIPS
is pursuing
its rights under
Rule 203(i)(1O).
CIPS alleges that predic-
tive studies contained
in the Newton Lake thermal demonstration
~ndicate that Newton Lake will
support a significant and
~ried fishery under the anticipated thermal conditions and
Lnat actual
field surveys made with the Newton unit
#1 in
operation have to
date verified that Newton Lake does indeed
support the fishery.
In its Recommendation, the Agency proposes that the
petition for variance be granted under certain
conditions.
The condition requested by the Agency include a recommenda-
tion by CIPS
to the Board and Agency with respect to an
interim thermal limitation, which can be met under current
conditions with one generating unit.
In addition, the Agency
requests that
it
be allowed to comment on the proposed
interim limitation and that any discharge from Lake Newton
to Weather Creek comply with the applicable conditions of
Rule 203(i)(1) through
(4).
The Board
finds that the conditions
requested by the Agency are reasonable and that information
thus developed may be of some use to the Board in its delibera-
tion in determining a specific interim limitation for Newton
Lake in PCB 78—271,
The Board will therefore grant CIPS
variance,
subject to certain conditions,
from the requirements
of Rules 203(i)(l) through
(4)
of Chapter
3 and from the
requirements of Item
6 of CIPS NPDES permit until
(1)
such
time as the Board makes
a final determination in PCB 78—271
or
(2) CIPS requests a new variance or
(3)
two years from the
date of this Order, whichever first occurs.
This Opinion constitutes the findings of fact and
conclusions of law of the Board in this matter.
ORDER
It
is the Order of the Pollution Control Board that:
1)
Central Illinois Public Service Co. be granted variance
from Rules 203(i)(1)
through
(4)
of the Board’s Chapter
3
and from the requirements of Item
6, attachment B(2) of
the NPDES permit number IL0049191 issued by the Illinois
Environmental Protection Agency on March
23,
1979
for its
Newton Power Station until
such time
as
(1)
the Board
enters their
final Order
in PCB 78—271,
or
(2) until
Central Illinois Public Service Co. requests a new var-
iance with respect to the applicable thermal
standards
for Newton Lake,
or
(3)
two years from the date of this
Order, whichever occurs first, under the following con-
ditions:
—3—
a)
Central Illinois Public Service Co.
shall, within
90 days of the date of this Order, prepare and
send to the Illinois Environmental Protection
Agency,
a report with supportive data that indicates
what thermal limitation can be met under the
current operating conditions with one generating
unit.
b)
Any discharge
from Lake Newton
to Weather Creek
shall comply with the applicable provisions of
Rule
203(i)(1)
through
(4) during the terms of
this variance.
c)
Within
45 days of the adoption of this Order,
Central
Illinois Public Service Co.
shall execute and forward
to the Illinois Environmental Protection Agency,
2200
Churchill
Road,
Springfield,
Illinois
62706 a cer-
tification of Acceptance and Agreement to be bound to
all terms and conditions
of this Order.
The 45 day
period shall be held in abeyance during any period
this matter is being appealed.
The form of said
certification shall
be as follows:
CERTIFICATION
I
(We),
_________________,
having read and fully under-
standing the Order of the Illinois Pollution Control Board in
PCB 79—84, hereby accept said Order and agree to be bound by
all
of the terms and conditions thereof.
SIGNED _________________________
TITLE _________________________
DATE
____________________________
d)
The Agency shall modify petitioner~sNPDES permit
in accordance with any interim limitations deter-
mined in this case.
2)
The Board will retain jurisdiction
in this matter for the
purpose of reviewing any proposed interim limitations
determined by the parties herein.
35—57
—4—
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the a ove
pinion and Order
were adopts on the
~
day of
________________,
1979 by
a vote of
..~
Christan L.
Moffei~t/,Jfqlerk
Illinois Pollutior(/~AtrolBoard