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    withdrawn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
    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~

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