LbINU
Id
P~IF~
fUTION
CONTROL
BOARD
~Tune
22,
1978
ELECTRIC
ENERGY,
INCORPORhIE1),
)
Petitioner,
V.
PCB
78—42
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent~
OPINION
AND
ORDER
OF
THE
BOARD
(by
Mr.
Goodman)
This
matter
comes
before
the
Beard
ton
a
determination,
as
required
by
Rule
203(1)
(5)
of
Chapter
3
of
the
Regulations,
that
thermal
discharges
have
not
caused
and
cannot
he
reasonably
expected
to
cause
sign
f:i.
cant ecological
damage
to
receiving
waters
Petitioner
Electric
Enercjv,
Incorporaned,
operates the Joppa
Generation
Station
on
the
Ohio
River.
Once
through
cooling
water,
withdrawn
from
various
depths
of
the
river
at
an
average
rate
of
880
cfs,
is
applied
to
the plant~saverage heat
discharge
of
4.1
x
iO~ BTU/hr
arid returned at
the
surface
100
yards
downstream.
The
cooling
water
discharge
averages
less
than
1
of the river’s
low
flow
level
and creates a plume
(based
on
a
5°
isotherm)
which
is
usually
less
t~the
3.
acres
in
area
and
5
feet in depth.
On
September
1~ 1977,
pursuant
to Rule 410(e)
of Chapter
3,
Petitioner
was
granted
a
permit
modification
for
the
standards
in Rules
201(a)
and
203(1)
(3)
of
Chapter
3
to
allow plumes
of
greater than 26
acres
(:CB
77~l24)
The
proceedings
and
“Demonstration”
prepared in support
of the Petition
for
Modification
are incorporated
in the record
of this case.
The
Demonstration
contains
the information
required in the present proceeding by Rules 602(a),
(b)
and
(d)
of Chapter
1.
On
March
10,
1978,
the Board granted Petitioner’s
motion to waive
the
requirement in Rule 602(c) (3) that theoreti-
cal
plume
studies
identify isotherms
at
3°F
intervals, and
acc~ptedthe
p
e studies included
in
Petitioner~s Demonstration
an
bOB
~7~l~4
i.
?.
Dc
charge
on
ph
Iis~.
Tie
rupti
i
(Den
which
exceeds
minimal
die
a
Deaorc~
~a~o
6~2
n
u’c~
citron
studied
tne
effects
of
the thermal dis~
lankton,
zooplank+on,
macroinvertebrates and
s
of
the
study
inde~ate
minimal ecological dis~
tration
pp.83,
90,
94,
100)
despite a discharge
rent
water
temperature
y more than 20°F.
This
ion
is
due
mainly
tn
rapl~
mixing and cooling
p,S)
which
resulta
in
di~ipation of the plume in
monstration
p.2~t)
SC
ic
cC
~
~c
Xe
C
flJ
it.
~
to
of
this
studl
the
Ag~n
y recommended that
Petiti
~
c
&
ted
the
modi~
~acaon
sought
in
PCB 77~124,
In
ice
of
ad
~eona1
recommendaft
is
in
this
proceeding, the
Agercy
hu~
~
t~rmed
the
positiot
taken
whc~
modification was
s)lght,
that
sagnificant
ecological
hait
is caused by Peti~
titner
thee
i~chcirge.
cc
ee~a arch
Lae
i
~
cmi rinds that thermal
ci
tr~nei
~
~
~ccat
i
c’c
m
t
caused
and
cannot
~
t~ cais~
t~
ocological
damage
~
eetitione~
tea,
ticorofore,
satisfied
the
3~~S)
u
~najLas
e
~t
the Board’s
Regu
a
the
Pollution
Co~trol
Board
tnat
tue
pii~d
aiti
Rule
eJ~i)(a~
of
Chapter
3
0
I
~rotistrating
Lhcic
it~
‘1 a
ma!
discharges
iLli
hauie
not
causec
anci
cannot
~)O
reason—
t~
aiqniri~ait
ccoixyecal
damage
to
Ti
S
~
cencius
etC
t
Petiti
the
~
L~5
cit
cff
act
a
i
cc
it
ecu:
I
LUIISLItULOS
the
bodrd’s
findings of fact
and
a
iii
this
matter
OrWJiR
~L
L~Ot
ru~
cc
VccLt.
Lccriett,
Glee
the
illinois
Pollution
cce,i~ity
the
e~ve
OpiiiLcic
and
ccrder
day
ci
,
1978 hi
a
Illinois
Po11uti~