Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS
Subpart B - HEATED EFFLUENT, ARTIFICIAL COOLING LAKE, AND SULFUR DIOXIDE DEMONSTRATIONS
Section 106.200 - General
Universal Citation: 35 IL Admin Code ยง 106.200
Current through Register Vol. 48, No. 12, March 22, 2024
a) Description
1) Heated Effluent Demonstration
A) The owner or operator of a source of
heated effluent that discharges 150 megawatts (0.5 billion British thermal
units per hour) or more must demonstrate, under 35 Ill. Adm. Code
302.211(f),
that discharges from that source have not caused and cannot be reasonably
expected to cause significant ecological damage to the receiving
waters.
B) The owner or operator
must make the demonstration under subsection (a)(1)(A) not less than 5 years
nor more than 6 years after operations commence.
C) If the Board finds that the proof of the
owner or operator under subsection (a)(1)(A) is inadequate, the Board's order
will include a requirement that the owner or operator perform appropriate
corrective measures within a reasonable time as determined by the
Board.
2) Artificial
Cooling Lake Demonstration
A) If a discharger
wishes to have the Board establish specific thermal standards for its discharge
to an artificial cooling lake under 35 Ill. Adm. Code
302.211(j)(5)
that would apply to the discharge in lieu of the applicable provisions of the
thermal water quality standards set forth in 35 Ill. Adm. Code
302.211 and 303, the
discharger must demonstrate, under 35 Ill. Adm. Code
302.211(j)(3),
that the artificial cooling lake receiving the heated effluent will be
environmentally acceptable and within the intent of the Act.
B) If the Board finds that the proof of the
discharger under subsection (a)(2)(A) is adequate, the Board will establish,
under 35 Ill. Adm. Code
302.211(j)(5),
specific thermal standards to be applied to the discharge to the artificial
cooling lake in lieu of the applicable provisions of the thermal water quality
standards set forth in 35 Ill. Adm. Code
302.211 and
303.
C) A Board order providing
alternate thermal standards under subsection (a)(2)(B) will include, but not be
limited to, the following conditions:
i)
Under 35 Ill. Adm. Code
302.211(j)(1),
all discharges from the artificial cooling lake to other waters of the State
must comply with the applicable provisions of 35 Ill. Adm. Code
302.211(b) through
(e); and
ii) Under 35 Ill. Adm. Code
302.211(j)(2),
the heated effluent discharged to the artificial cooling lake must comply with
all applicable provisions of 35 Ill. Adm. Code Subtitle C, Chapter I, except 35
Ill. Adm. Code
302.211(b) through
(e).
3) Sulfur Dioxide Demonstrations. Any owner
or operator of a fuel combustion emission source may petition the Board, under
35 Ill. Adm. Code
214.185
and this Subpart, for approval of substitute standards from those set forth in
35 Ill. Adm. Code
214.183 and
214.184.
b) Initiation of Proceeding. The owner or operator may initiate a heated effluent, artificial cooling lake or sulfur dioxide demonstration by filing with the Clerk a petition in accordance with this Subpart.
c) Parties. The owner or operator must be named the petitioner and the Agency must be named the respondent.
d) Filing and Service. Filing and service must be in accordance with 35 Ill. Adm. Code 101. Subparts C and J.
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