ILLINOIS POLLUTION CONTROL BOARD
    January 17,
    1974
    COMMONWEALTH
    EDISON COMPANY
    PETITIONER
    v.
    )
    PCB 73—359
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    RESPONDENT
    )
    MARK
    H.
    VIRSHBO,
    ATTORNEY,
    in
    behalf
    of
    COMMONWEALTH
    EDISON
    DOUGLAS
    MORING,
    ASSISTANT
    ATTORNEY
    GENERAL,
    in
    behalf
    of
    the
    ENVIRON-
    NENTAL
    PROTECTION
    AGENCY
    OPINION AND ORDER OF THE BOARD
    (by
    Mr.
    Marder)
    This action involves a request for a variance extension filed
    August 22,
    1973.
    Relief is sought from Rules 201 and 203
    (1)
    of Chap-
    ter
    3, Water Pollution Regulations of Illinois, until August 15,
    1974.
    By
    August 15, 1974, Petitioner alleges it will have a maximum recycle,
    liquid radioactive waste treatment facility operating.
    It
    is also
    alleged that the
    origin~i1ly
    planned
    diffuser
    pipe
    will
    not
    be
    required.
    Shoreline alterations and discharge modifications
    are alleged to allow
    compliance with the applicable rules.
    Commonwealth Edison owns
    and operates, in Grundy County, Illinois,
    a three-unit nuclear powered generating station.
    Unit One was made
    operable in 1960 and has
    a capacity of 200
    niw.
    Units
    Two
    and Three
    came on stream in 1970 and 1971 with rated capacity of
    809 mw each.
    Petitioner’s need for variance centers around thermal pollution re-
    sulting from the discharge of cooling water into the Illinois River.
    Presently cooling water
    for Unit
    #1
    is pulled from the Kankakee River
    and after once through cooling of the reactor core
    is discharged to
    the Illinois River.
    Cooling water for the
    #2 and #3 reactors are pres-
    ently discharging to an open—cycle cooling lake of 1300 acres.
    Overflow
    from this
    lake
    is discharged to the Illinois River.
    A
    brief
    chronology
    of
    events
    is
    in
    order
    so
    as
    to
    bring
    the
    variance
    extension
    request
    up
    to
    date.
    Dresden
    #1
    has
    always
    operated
    on
    once
    through
    cooling
    and
    is
    not
    the
    subject
    of
    variance.
    Dresden
    Units
    #2
    and
    #3
    are
    the
    facilities
    in
    question.
    The
    following
    is
    a
    sunimary
    of
    events.
    1.
    On
    March
    3,
    1971,
    the
    Board
    in
    PCB
    70-21
    issued
    a
    permit
    to
    Commonwealth
    Edison
    to
    operate
    Unit
    #3.
    In
    granting
    said
    permit
    a
    num-
    ber
    of
    conditions
    were
    imposed,
    e.g.,
    10
    659

    —2—
    “3
    (b)
    The
    permittee shall within thirty days after
    the issuance of this permit submit to
    the
    Board
    a
    written program with a time schedule for controlling
    the liquid radioactive discharges up to the amounts
    set forth in paragraph
    3
    (A)
    of this permit from
    Dresden Unit III without the use of dilution water.”
    “5
    (b)
    Permittee
    in the operation of Dresden Unit
    3
    shall comply with the thermal discharge requirements
    of SWB_8*
    as interpreted in the opinion of the Board.
    In order to assume such compliance, Permittee shall
    submit the following information to the Board within
    thirty
    (30) days from this date.”
    2.
    On April
    13,
    1971, Petitioner filed the abovementioned reports,
    and also
    a request for time
    (PCB 70-21)
    to allow completion of their
    proposed plans.
    In the Board’s order of November 23,
    1971,
    it was
    noted that Petitioner had put into operation a cooling lake for Unit
    #2 and #3.
    It had also installed 98 spray modules in the canals.
    The
    Board ordered Petitioner to begin installation
    of
    a “Maximum re-
    cycle
    system”
    for
    radioactive
    wastes
    to
    be
    completed
    by
    September
    1,
    1973.
    The
    radioactive
    liquid
    waste
    limit
    of 80,000 microcurries per
    second would then apply to the blowdown from this cooling lake.
    The
    Board
    further
    granted
    a
    variance
    from SWB-8 until November
    23,
    1973.
    The
    aboveraentioned
    lake
    and
    spray
    modules
    were
    found
    not
    to comply with
    SWB-8
    and thus the need
    for
    this
    variance.
    A
    compliance
    plan called for the installation of a diffuser pipe to meet the re—
    quired
    50
    F. maximum temperature rise.
    3.
    On August 23,
    1972, Commonwealth Edison filed a petition for
    variance extension (PCB 72-350).
    By an interim Board order of October
    10,
    1972,
    a sixty-day extension was granted in order to gain time to
    conduct public hearings and also protect Petitioner from prosecution
    during the interim period
    (Nov.
    23,
    1972-Jan.
    22, 1973).
    PCB 72-350
    went to hearings to determine the facts.
    Petitioner claimed that the
    original wastewater system scheduled for completion by September
    1,
    1973,
    could not be completed before February 1,
    1974.
    The diffuser
    pipe was not installed and no data on the barrier effect of such
    a
    pipe on fish was elicited.
    By Board order of
    Illarch 29,
    1973, variance
    was granted from 201 and 203
    (1)
    until
    November
    23,
    1973.
    4.
    On August 22,
    1973,
    PCB 73—359
    (the instant case)
    was filed ask-
    ing for extension to November 23, 1974,
    or such shorter time needed to
    complete the aforementioned compliance
    plan.
    On November 13,
    1973,
    Petitioner filed for and was granted an interim variance until Jan-
    uary 22,
    1973.
    This chronology brings up to date the events since the startup
    of
    *
    SWB—8 was superseded in part by Rules 201 and 203
    (i)
    of Chapter
    3
    on
    March
    7,
    1972,
    (PCB
    R71—14),
    10
    660

    —3—
    Dresden #3.
    The instant case raises two new points
    in
    addition to the
    ones raised previously.
    In addition to deciding the variance case on
    its merits, the Board is requested to rule on an interpretation of
    Rule 201 and the acceptability of not using a diffuser pipe
    as required
    previously.
    These issues will be discussed separately.
    Interpretation of Rule 201:
    Rule 201 deals with mixing zones and states in part:
    “Moreover, except as otherwise provided in this Chapter,
    no single mixing zone shall exceed the area of a circle
    with a radius of 600 feet.”
    There are a number of ways in which this sentence can be interpreted,
    and the interpretation chosen will have a great impact on controls re-
    quired.
    A)
    The Agency contends
    (Pg.
    5 Agency recommendation)
    that the 600
    feet refers to a linear measure in any direction from the point of dis-
    charge.
    If the point of discharge is the shore line,
    this would restrict
    a mixing zone to about one-hai~ the area of a circle with
    a radius of
    600
    feet.
    B)
    The mixing zone may be considered to be not only the area of a
    circle 600 feet in radius but also the shape of
    a circle.
    This would
    put
    a
    double
    constraint
    on
    mixing
    zones.
    C)
    The mixing zone may be considered to be restricted by area and
    not shape.
    This would state that the 26 acres of area could take any
    shape at all, e.g.,
    cigar shape.
    This issue first came up in the original request for a permit for
    Dresden #3
    (PCB 70-21)
    March
    3,
    1971.
    In this opinion the fact that
    a
    600 foot mixing zone was applicable was established.
    The Opinion went
    on to state that,
    “In so interpreting SWB—8 to include within it
    a mixing
    zone of 600 feet, we,
    as
    a Board, are not expressing
    favor in such a concept.”
    The Board upheld the principle in concept, but did not approve or
    disapprove at that time.
    Nor did the Board at that time establish how
    the 600 feet
    is to be measured.
    During its deliberation in R-70-2 Thermal Standards, Lake Michigan,
    the Board expanded on the above reasoning.
    The mixing zone for Lake
    Michigan was interpreted to be 1000 feet with a maximum temperature
    differential of 3°F.
    at the boundary.
    In going from 600 feet to 1000
    feet at
    50
    F.
    and
    30
    F. no significant change was made.
    The major de-
    cision was that concept of area was brought in.
    On pages 24 and 25 of
    R-70-2 the word “area” is brought into play.
    10—661

    —4—
    During adoption of Rule 201 in Board proceedings R-7l—l4, the prob-
    lem of maintaining a circular area was explored.
    In the Board’s opin-
    ion dated March
    7,
    1972, it was stated:
    “In response to other testimony received today’s regula-
    tion alters the 600 foot linear zone... .here preserved
    as
    a maximum... .to
    a zone no larger than the area of a
    circle
    with
    600-foot radius, by analogy to the Lake
    Michigan
    Standard
    (#R70-2,
    June
    9,
    1971),
    recognizing
    that
    in
    flowing
    streams
    the
    shape
    of
    a
    plume
    is
    likely
    to be long and thin in
    a downstream direction.”
    This quote would seem to answer the relevant question.
    In this
    action the Board will reaffirm the opinion of R70-2 defining mixing
    zones
    as
    a dually flexible condition comprising both area and shape
    (Case
    C
    above).
    Petitioner alleges that the above rationale is the one it followed
    in all previous proceedings.
    Dr. Sayre testified
    (R,
    29)
    that all of
    the work he has ever done in designing discharge structures to conform
    with Illinois temperature standards has been done on the shape/area
    basis.
    He further testified that a proposed standard
    (R-73-l) which
    would limit mixing zones to no more than 25 percent of the cross-sect-
    ional area of the river and no more than 25 percent of the total flow
    was considered.
    The Board feels that Petitioner has done well to con-
    sider the eventuality of adoption of R-73-l and should pursue this
    course of action.
    Use of Diffuser Pipe:
    Petitioner contends that the previously proposed diffuser pipe will
    not be required to meet Rule 201 and 203
    Ci)
    and would rather modify
    the shoreline and install a slot at the end of its discharge canal.
    The Board has no interest in dictating technology, but rather in assur-
    ing that adequate technology
    is employed to abate pollution.
    The only
    question facing the Board is whether the proposed system would comply
    with Rule 201 and 203
    (i).
    Dr. W. Sayre testified
    (R. 14-40)
    as to the results of physical mod-
    eling.
    His conclusion was that a slot-jet discharqe structure can be
    built at Dresden which will meet the regulations almost as effectively
    as a diffuser pipe system.
    The difference between a diffuser pipe’s
    and a slot jet’s ability to meet the standards would be less than one
    percent.
    There were two models constructed, the first being
    a simula-
    tion of 60
    river width, the second being the entire river width with
    distorted horizontal and vertical dimensions,
    LIodel #1 study is
    corn—
    pleted and Model
    #2 studies are underway~
    Pliase one study has led to
    the tentative design criteria for the slot jet.
    Many alternate jet de-
    signs were offered and if Phase two studies show modifications are in
    order, the planned-on design can be changed~
    Tentative design calls
    .for use of con.figuraticn
    #4,
    Run 23.
    Data
    on these two runs were submitted in Pete Ex~ 3 and 8~ Data on these

    —5—
    runs
    is
    as
    follows:
    Flow
    Dresden
    #1
    426
    c.f.s.
    Flow Dresden 2
    &
    3
    111 c.f.s.
    Flow River
    7400 c.f.s.
    Delta T 1
    (Temp.
    Dresden
    1)
    19°F.
    Delta
    2,
    3
    (Temp. Dresden
    28°F.
    2,
    3)
    Area required for
    50
    F.
    10 acres
    The average minimum
    7 day low flow
    (10 years)
    for the Illinois Riv-
    er is 2,680
    cfs.
    Also if this were coupled with
    a temperature of 85°
    F.
    (summer) or
    550
    F.
    (winter) the worst possible case would exist.
    These conditions would in effect lower the allowable Delta T at the
    edge of the mixing zone to less than
    50
    F.
    By use of both physical
    and mathematical models,
    Dr. Sayre claims that with a designed dele-
    tion ratio of 0.15 the 5°F.maximum should be met except at the low-
    est river flow and highest ambient river temperatures.
    The probabil-
    ity of this occurring is very low.
    The data generated by Dr. Sayre has convinced the Board that
    equal
    protection would be afforded by using
    a slot-jet as would be by use
    o:E
    a diffuser.
    It is also interesting to note that the use of
    a slot-jet
    in combination
    with the abovernentioned mixing zone should dihiinish
    the problems of
    a passage zone for fisu.
    The question of environmental
    impact will be discussed later.
    In determining whether to grant the requested variance extension
    the Board will consider the facts presented in the instant
    case.
    The
    pertinent questions are as
    follows:
    A)
    What are the reasons for delay in compliance?
    B)
    What is the environmental impact of
    a grant?
    C)
    Is there an arbitrary and unreasonable hardship involved?
    Delay in Compliance:
    Mr. Galle testified for Petitioner
    as to the reasons for delay in
    the proposed radioactive wastewater treatment plant.
    The complete oper-
    ation is scheduled to be finished on August 15, 1974
    (R.
    42)
    .
    The main
    reason for delay was given
    as rework time for major components.
    Pet-
    itioner alleges that several pieces of equipment did not meet the re-
    quired quality levels.
    The following are the various problems encoun-
    tered:
    1.
    Unexpected piling required on building foundation.
    2
    Metallurgical lamination flaws in sheet steel.
    3.
    Contamination of stainless steel in concentrators.
    Work on this unit is alleged to be
    24 hours
    a day to meet the August
    15
    date.
    Petitioner
    alleges
    that
    piping
    is
    underway
    and
    will
    require
    seven
    10
    ~63

    —6—
    and one-half months to complete,
    as will electrical work
    (R.
    49).
    Although this process is now one full year behind the original sched—
    ule,
    the
    end
    seems
    to
    be
    in
    sight.
    While
    some
    of
    the
    delay
    may
    have
    been self—imposed,
    on
    the
    whole
    it
    seemed unavoidable.
    The evidence is
    sufficient
    to warrant a grant in this respect.
    Environmental
    Impact
    of
    Dresden:
    Dr. Johnson of BIO-TEST Labs,
    Inc., testified
    (R. 52—74)
    as
    to the
    environmental
    impact
    of
    the
    thermal
    plume
    on
    the
    Illinois
    River.
    A
    number of exhibits were entered, among
    which
    was
    Pet.
    Exh.
    26
    which
    is
    a
    large
    study
    of
    the
    three
    river
    network
    up
    until
    December
    1972.
    Dr.
    Johnson
    broke
    his
    testimony
    into four parts as follows:
    (R.
    54)
    (A)
    General Condition of the River:
    The
    character
    of
    the
    rivers
    in
    the
    vicinity
    of Dresden has remained
    essentially
    unchanged.
    (R.
    55)
    (B)
    Effect
    of
    Dresden
    on
    Rivers:
    Data from
    1969
    to
    December
    1972 including chemical andThacteriological
    data
    show
    no
    detectable
    ecological
    damage
    to
    the
    river.
    (R.
    55)
    (C)
    Status
    of
    Monitoring
    Programs:
    Dr.
    Johnson
    described
    the
    types
    of
    tests
    conducted
    and
    the
    phases
    of
    the
    testing.
    He
    outlined
    that
    further
    testing
    is
    planned.
    The
    moni-
    toring program was set up to, among other things, ascertain the changes
    in the quality of the river in the vicinity of Dresden.
    (R.
    61)
    (D)
    Results of the Monitoring Program:
    Many
    trends
    were
    uncovered
    in
    the
    five—year
    study.
    Various
    exhibits
    were
    entered,
    giving
    five—year
    records.
    The
    Dresden
    plant
    does
    not
    con-
    tribute to
    “water
    quality”
    parameters
    to
    any
    great
    extent.
    Data
    shows
    that
    the
    difference
    across
    Dresden
    is
    minimal
    (Pet.
    Ex.
    28).
    Phyto-
    plankton studies show
    a similarity across the Dresden plant, which
    var-
    ies from season to season; no noticeable effect was picked up.
    The same
    can be said for zoo plankton
    (R.
    68).
    Benthos
    (bottom plants and ani-
    mals)
    were also explored.
    The benthic community in the area was found
    to be of
    a highly restrictive type.
    Although there seems to be
    an in-
    crease in this community immediately downstream of the
    plant,
    the corn—
    munity is constant both upstream and well downstream
    (see Exhibits 27
    and 32)
    .
    The conclusion
    reached
    regarding
    benthos
    is that
    there
    was
    no
    deleterious effect on the community due to Dresden.
    Pet. Exhibits 27,
    33,
    34,
    35, and 36 outline results gathered from fish studies.
    Again
    no adverse effect on fish life was noted.
    The following table from Ex-
    hibit
    36 is typical of results garnered.
    10—664

    —7—
    No.
    of Species/No, of Fish
    Sampling Period
    at each Location
    D-2
    D-5
    D-7
    Spring 71
    9/95
    2/57
    7/247
    Summer
    71
    12/144
    1/1
    13/56
    Fall
    71
    6/24
    2/3
    4/144
    Spring 72
    10/132
    3/69
    8/643
    Summer
    72
    13/62
    7/11
    13/83
    Fall
    72
    4/15
    4/45
    12/107
    Spring 73
    6/29
    6/10
    14/111
    Summer
    73
    9/34
    5/56
    5/87
    In
    the
    above
    table,
    D—2
    is a location at the intake to Dresden’s
    cooling system,
    D-5 is a location between
    the
    intake
    and
    outflow,
    and
    D-7 is a location just downstream of the outflow.
    It must be remembered that location D-2
    is the Kankakee River and
    locations
    D—5
    and
    D-7
    are
    after
    the
    confluence
    of
    the
    Kankakee
    and
    the
    Des Plaines.
    From
    all
    the
    above
    the Board finds the weight of evidence is that no
    significant environmental harm has occurred due to Dresden Units
    2
    &
    3.
    It
    is
    also important to note that the proposed slot-jet discharge
    should yield even better mixing in the near future.
    Hardship and Need for Plant:
    The entire hardship case centered around the testimony of Mr.
    R.
    Beckwith and Mr.
    R. Engle
    (of Commonwealth Edison)
    .
    Both witnesses
    testified as
    to the hardship on the community rather than hardship on
    Edison itself.
    Mr. Beckwith
    (R.
    75-80) testified that the 1800 mw Dresden capacity
    is needed to provide power to meet Edison’s peak load during the summer
    of
    ‘74.
    It
    is also needed during non-peak loads
    to allow maintenance
    on
    other
    equipment.
    Peak
    load
    at
    Edison
    is
    projected
    at
    14,170
    mw.
    Edison’s rated capacity of all units is 17,176 mw.
    ,
    including
    both
    Zion
    units at 935 mw each.
    Counting purchases of electricity and deducting
    limitations Petitioner alleges it will have a net reserve of 1,184 mw.
    This figure does not take into account the possibility of Zion not being
    on stream or of reductions
    at Powerton, Waukegan,
    or Sabrooke.
    Mr. Engle testified
    (R.
    81-88)
    as
    to the need for reserve capacity
    to allow maintenance.
    The above 1,184 mw is after allowances
    for usual
    maintenance but before considerations of forced outages and forecasting
    errOrs. Mr. Engle testified that generators are planned for inspection
    10
    665

    —8—
    every five years with a six- to eight—week down time.
    Much other main-
    tenance
    is
    done during this down time
    (ESP,
    etc.).
    Mr. Engle testified
    that during the period of September 1972 to January 1973 Edison exper-
    ienced an average monthly loss of 15
    of its generating capacity.
    It
    is clear that Dresden will be required to maintain
    steady state oper-
    ation across the entire system.
    From the above the Board finds that
    a significant hardship would
    be on the customers of Petitioner if Dresden was not allowed to operate.
    One further point requires discussion.
    The Agency in its recommen-
    dation asks that Petitioner conduct its temperature monitoring in a
    certain way.
    In light of the Board’s decision in this opinion regard-
    ing mixing zones, the Agency’s request
    is not completely applicable.
    Petitioner will be required to continue its temperature monitoring, how-
    ever,
    no specific methodology will be ordered.
    The Order will require
    the Agency and Petitioner to work out a reasonable method in light of
    the decision on mixing zones.
    This Opinion constitutes the findings of fact and conclusions of
    law
    of
    the
    Board.
    ORDER
    IT
    IS THE ORDER of the Pollution Control Board that:
    1. Petitioner be granted a variance from Rule 201 and 203
    (i)
    of Chapter
    3 until August 15, 1974.
    The reason for said variance is to allow Pet-
    itioner to install and make operable its maximum recycle system for rad-
    ioactive wastes, and conform with the required mixing zone.
    2.
    Petitioner shall by August 15, 1974, have operable a cooling water
    discharge
    system
    which
    will
    meet
    the
    mixing
    zone
    criteria
    as
    outlined
    in this Opinion.
    3.
    Petitioner shall continue to conduct its sampling and temperature
    monitoring in a way to be mutually agreed upon by the Petitioner and
    the Agency.
    This method shall take into account this Board’s inter-
    pretation of a mixing zone.
    4.
    Petitioner shall report monthly to the Agency as to its progress
    in regards to Orders
    1,
    2, and 3 above.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    certify
    that
    the
    above
    Opinion
    and
    Order
    was
    adopted
    by
    the
    Board on the
    /7
    ~‘
    day of
    ~
    ,
    1974, by a vote of
    ~
    10 —666

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