BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN
THE MATTER OF:
AMEREN ASH POND CLOSURE RULES
(HUTSONVILLE POWER STATION)
PROPOSED: 35 ILL. ADM. CODE PART
840.101 AND 840.144
)
)
)
)
)
)
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R09-21
(Rulemaking - Land)
NOTICE OF FILING
To:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that we have today electronically filed with the Office of the Clerk of
the Pollution Control Board
AMEREN ENERGY GENERTATING COMPANY'S POST-
HEARING COMMENTS,
copies of which are herewith served upon you.
~s2.~--
Dated: October 30, 2009
Kathleen
C. Bassi
Joshua
R. More
Amy Antoniolli
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
AMEREN ASH POND CLOSURE RULES
(HUTSONVILLE POWER STATION):
PROPOSED 35 ILL. ADM. CODE 840.101
THROUGH 840.144
)
)
)
)
)
)
R09-21
(Rulemaking - Land)
AMEREN ENERGY GENERATING COMPANY'S POST-HEARING COMMENTS
NOW COMES Ameren Energy Generating Company ("Ameren" or "the Company"), by
and through its attorneys, SCHIFF HARDIN LLP, and respectfully submits the following post
hearing comments in the above-entitled matter to the Illinois Pollution Control Board ("Board").
Ameren appreciated this opportunity to supplement its testimony already filed in this matter and
presented during
the public hearing held on September 29, 2009.
On May 19,2009, Ameren, pursuant to 35 Ill.Adm.Code §§ 102.208 and 102.210,1
Sections 27 and 28
of the Environmental Protection Act ("Act"), 415 ILCS 5/27 and 28, and
Section 8
of the Illinois Groundwater Protection Act, 415 ILCS 55/8, proposed to add to Subtitle
G
of the Board's rules new Subchapter j, Surface Impoundments, and new Part 840, Site-
Specific Closure
of Surface Impoundments, consisting of Subpart A, the site-specific rules
applicable to
Ash Pond D at Ameren' s Hutsonville Power Station located in Crawford County,
Illinois. In support
of its proposal and pursuant to Section 1 02.202(b) Ameren has provided a
Statement
of Reasons, Technical Support Document, Testimony, and this comment.
The purpose of the proposed rule is to cover a gap in the Board's existing regulations
and allow for the closure
of Ash Pond D, a surface impoundment which managed coal
combustion waste at
Ameren's Hutsonville Power Station located in Crawford County, Illinois.
1 Subsequent references
to the Board's rules will be by section number only.
While the operation of Ash Pond D is regulated by Illinois EPA under the Board's Water
Pollution Control rules, those rules and the permit issued pursuant to those rules do not address
its closure. Furthermore, as recognized
by the Board in
Petition of Ameren Energy Generating
Company
for Adjusted Standards from
35
Ill. Adm. Code Parts
811, 812,
and
814, AS 09-1
(Mar.
5,2009), existing regulations addressing waste, waste hauling, and landfills at Parts 700
through 849, nonconsecutive,
of the Board's rules do not sufficiently address the closure of
surface impoundments, in particular, ash ponds used as water treatment facilities in connection
with the management
of coal combustion waste associated with coal-fired power plants. The ash
ponds are not landfills as defined in the Board's solid waste regulations. 35 Ill. Adm. Code
810.1
03 (definitions of
landfill
and
surface impoundment);
and
see In reo Conversion Systems,
Inc.,
1993 WL 341270, at *1 and fn. 3, PCB AS 93-4, (August 26, 1993), ("the definition of
landfill in the Board's landfill regulations presently does not include the surface impoundments
commonly used
by utilities for disposal"). They are unique and, therefore, a site-specific rule for
their closure is needed.
Because the proposed rule addresses the closure
of a surface impoundment containing
coal-combustion waste, the
Board's authority to adopt the proposed rule most appropriately
arises under Section 22
of the Act and Section 8 of the Illinois Groundwater Protection Act.
BACKGROUND
After consultation with the Illinois Environmental Protection Agency ("Agency"), on
March 5, 2009 Ameren proposed an adjusted standard to the landfill regulations to provide for
closure
of Ash Pond D at the Hutsonville Power Station.
Petition of Ameren Energy Generating
Company
for Adjusted Standards from
35
Ill. Adm. Code
811, 814,
and
815
(Hutsonville Power
Station),
AS 09-1 (Mar. 5, 2009). The Board, however, determined that a site-specific
2
rulemaking and not an adjusted standard proceeding is the more appropriate Board regulatory
mechanism under which Ameren should close Ash Pond D and directed Ameren to amend
Subtitle G
if it chose to proceed with a site-specific rulemaking.
Ameren Hutsonville AS,
AS 09-
1, slip op. at 11 (Mar. 5, 2009). Therefore, on May 19,2009, Ameren filed a proposal for site-
specific rule. In reviewing the organization
of the Board's rules, it appears that there is no
logical place for closure
of ash ponds at coal-fired power plants in the current structure. For that
reason, Ameren here proposed that the Board add new Subchapter j to Subtitle G specific to
Surface Impoundments. Ameren also proposed that the Board create a new Part 840, Site-
Specific Closure
of Surface Impoundments, under Subchapter j.2
On August 18, 2009, the Agency filed proposed revisions to Ameren's proposal, along
wi th pre-filed testimony
of several Agency staff from the Bureaus of Water and Land in support
of its proposed revisions. The Agency's revisions endorsed the closure approach proposed by
Ameren but revised the rule to conform to the Agency's procedural and reporting requirements
and preferred mechanism for defining applicable groundwater quality standards both on and off-
site. Following the filing
of the Agency's proposed amendments, Ameren initiated contact with
the Agency to address the differences between Ameren' s initial proposal and the Agency's
proposed revisions. As a result, the parties reached a resolution on the mechanics for closing
Ash Pond D, and the joint proposal currently before the Board, submitted on September 22,
2009, reflects language supported
by both Ameren and the Agency.
Board Hearing Officer, Mr. Timothy Fox, held a hearing on the rulemaking proposal on
September 29, 2009 in Robinson, Crawford County. At hearing, Mr. Bollinger testified on
behalf
of Ameren, and Mr. Cobb, Mr. Buscher, Mr. Dunaway, Mr. Liebman, and Mr.
2 Ameren recognizes that the Board must obtain the number
of the new Part from the
Secretary
of State who may determine that 840 is not the appropriate number for the new Part.
3
Nightingale testified on behalf of the Agency.3 Traci Barkley of Prairie Rivers Network
("PRN") also attended the hearing and asked questions
of the witnesses.
While some details of the proposal have changed since the initial filing, the conceptual
framework and general approach have not. Thus, the technical support document ("TSD") filed
by Ameren along with Ameren's and the Agency's testimony provide the technical support for
the
joint proposal.
Protective of Human Health and the Environment
The record demonstrates that the proposed rule language, as amended by the parties, is
protective
of human health and the environment. Since 1984, Ameren has collected groundwater
quality data at Hutsonville through a monitoring well network. As set forth in Chapters 6 and 8
of the TSD, groundwater impairments associated with Ash Pond D are generally localized to the
area adjacent to and south
of the pond. To determine the extent of off-site migration, Ameren
used a calibrated groundwater flow and transport model, in conjunction with information gained
from some temporary push wells.
See
TSD, Ch. 8. The model was calibrated to compare
existing
"in service" boron concentration and distribution levels to changes in such
concentrations resulting from removing the impoundment from service and under a variety
of
capping scenarios ranging from no cap, native soil, compacted cay, and synthetic cover. Three
model codes that are regularly used for landfill settings were used to simulate groundwater flow
and contaminant transport:
(l) post closure leachate percolation using the model developed by
the U.S. Environmental Protection Agency ("US EPA"), the Hydrologic Evaluation of Landfill
Performance (HELP) model; a three-dimensional groundwater flow MODFLOW analysis
(developed
by the U.S. Geological Survey); and (3) contaminant transport calculations via the
3 The September
29, 2009 hearing transcript will be cited to throughout this comment as
"Tr. at
"
4
MT3DMS model. Tr. at 31-32. The modeling results indicate that the off-site impacts in the
upper zone
of the underlying aquifer extend a distance of approximately 500 feet from the
southern property line downgradient
of Ash Pond D and there is no indication that impacts above
Class I Groundwater Quality Standards exist within the lower zone
of the underlying aquifer.
See
TSD, Ch. 8, pp. 505, 530 and Ch. 6. pp 202-207.
Groundwater usage near the Station is limited and no downgradient potable wells are
known to exist. As set forth in Appendix H
of Chapter 7 of the TSD, a search of the Illinois
State Geological Survey IL WATER database identified six wells within one-half mile
of Ash
Pond
D. Two of these wells are the plant production wells, and the other four are irrigation wells
utilized
by adjacent property owners.
See
TSD, Ch. 7, pp. 482-484. All six of these closer-in
wells pump from the lower zone
of the underlying aquifer, which, as discussed in Chapters 6 and
8
of the TSD, complies with Class I Groundwater Quality standards. Accordingly, Ash Pond D
does not threaten existing uses
of downgradient wells.
The City
of Hutsonville's public water supply wells draw groundwater from the lower
zone
of the underlying aquifer approximately one mile south of Ash Pond D. Considering the
relatively large distance to the City's wells, the observed easterly groundwater flow direction in
the lower zone
of the underlying aquifer at the site, and the fact that only one monitoring well
(located at the edge
of Ash Pond D) in this portion of the aquifer has experienced "nominal" ash
leachate impacts, the City wells are not likely to ever be impacted
by leachate from Ash Pond D.
Tr. at 69-71, 90-91. This is supported by the groundwater modeling performed by Ameren,
which indicates that off-site impacts in the upper zone
of the underlying aquifer extend a
distance
of approximately 500 feet from the southern property line downgradient of Ash Pond D.
See
TSD, Ch. 8, p. 505, 530. Furthermore, there is no indication that off-site impacts above
5
Class I Groundwater Quality Standards exist or that there is an increasing trend in any of the
wells screened in the lower zone
of the underlying aquifer.
4
Tr. At 50-54.
Because groundwater flows towards the Wabash River, Ameren determined potential
impacts
of groundwater discharge to the Wabash River. As discussed in Appendix E of Chapter
7
of the TSD and Chapter 8 of the TSD, the daily loading rate for boron while the pond was in
use, conservatively considering river water concentrations under the worst case (low flow
conditions), were insufficient to significantly increase the boron concentration
in the river. With
dewatering of Ash Pond D, the daily loading rate for boron was decreased by approximately
850/0.
Moreover, USEPA's STORET database for the closest downstream monitoring station,
one mile south of Ash Pond D, indicates boron concentrations lower than the median
concentrations
in the upper zone of the underlying aquifer upgradient of Ash Pond D.
See
TSD,
Ch.l1.
Ameren arranged for a risk assessment to evaluate the risks of the selected closure option
to human health and the environment under current and reasonably foreseeable future conditions
and land uses.
The assessment utilized a four step paradigm as identified by the USEP A and was
conducted consistent with USEP A guidance for conducting a risk assessment as well as the
Agency's Tiered Approach to Corrective Action Objectives.
See
TSD, Ch. 7.
5
The assessment
concludes that the closure plan and associated activities will be protective
of human health and
the environment.
During the hearing PRN suggested that removal
of the ash to an off-site landfill or for
beneficial uses may be a viable alternative to the proposed closure. Tr. at 59-61. Ameren
4
This information is in response to a question by PRN. Tr. at 23-24.
5 This information is in response to a question by PRN. Tr. at 86-87.
6
investigated a variety of treatment or control options to close Ash Pond D, including removal for
off-site disposal. As discussed in more detail in Chapter 5, pp. 23-24 and
73 of the TSD,
removal and disposal in an off-site landfill is expected to cost between $23 million and $34
million. In this case source removal is not technically feasible or economically reasonable given
site conditions and the amount
of saturated ash that would have to be removed. Id. and Tr. at 61-
62. As for removal
of the ash for beneficial uses, no such market exists.
6
Tr. at 62-63.
Furthermore, as Mr. Cobb noted during the hearing, the groundwater sampling data suggests that
a "steady state condition in terms
of geochemistry and equilibrium with hydrology" exists. Tr. at
66-67.
If Ameren were to dig up a portion of the ash for beneficial use, it is possible that further
degradation could occur. Id. Thus, off-site disposal and beneficial use are not viable
alternatives.
The most cost effective closure scenario that is technically feasible and protective
of
human health and the environment is the installation of a geosynthetic membrane cap consistent
with the Board's Landfill requirements and installation and operation
of a groundwater collection
trench. The groundwater collection trench will
be installed along the southern property
boundary.
7
The record shows that this closure scenario will be extremely effective in
remediating the groundwater on-site and off-site and protecting both zones
of the aquifer. Tr. at
51. Furthermore, the proposal meets the Agency's objectives to treat the groundwater as a
resource and achieve compliance with the Board's groundwater regulations.
See
TSD, Ch.
8
pp.
505-506; Tr. at 50-51.
6
Exhibit 1 provides a summary of the ash beneficially used from the Hutsonville facility.
7
PRN inquired about the depth of the collection trench. Tr. at 32. The depth of the
trench will not be determined until Ameren commences with the engineering design and
construction.
7
Request For A Moratorium
The Agency in Mr. Nightingale's pre-filed testimony requests that the Illinois Pollution
Control Board consider initiating a "temporary moratorium on further site-specific rules for the
closure
of surface impoundments containing coal combustion wastes." The Agency cites two
reasons for its request: (1) U.S. EPA is expected to issue
draft
regulations for the management of
coal combustion waste by the end of the 2009 calendar year, and (2) the Agency does not have
the resources to deal with potentially 70 additional requests for site-specific rulemakings for the
other surface impoundments containing coal combustion waste that may need to undergo similar
closure. Ameren is mindful
of the Agency's resource issues but adamantly opposes the granting
of such extraordinary relief.
The Agency cites to Section 28(a)
of the Act (415 ILCS 5/28(a)) as the only authority for
the Board
to grant such a request. However, Section 28(a) does not grant the Board such
authority. As the Board is well aware, Section 28(a) allows any person to present a written
proposal for the adoption, amendment, or repeal
of the Board's regulations.
It
does not grant the
Board the authority to issue a moratorium on the right to seek a site-specific rule under Section
27 and
28 of the Act (415 ILCS 5/27 and 5/28). Reading into Section 28(a) the authority to grant
a moratorium on a right proscribed in the Environmental Protection Act (the "Act") is contrary to
the Illinois Constitution and plain language
of the statute and would grant the Board legislative
authority that is reserved for the Illinois General Assembly. Article II
of the Illinois Constitution
provides that:
The public policy
of the State and the duty of each person is to provide and
maintain a healthful environment for the benefit
of this and future generations.
The General Assembly shall provide by law for the implementation and
enforcement
of this public policy.
8
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
The Illinois General Assembly implemented this public policy through the Illinois
Environmental Protection Act. The Act created the Board.
If an entity is a creature of statute
"any power or authority claimed
by it must find its source within the provision of its enabling
statute."
Granite City a/Nat 'I Steel Co.
v.
PCB,
155 Ill. 2d 149, 171 (1993). Illinois law does
not allow an administrative agency to act freely. Sections 27 and
28 of the Act provide the
people
of the State of Illinois the right to seek a site-specific rule from the Board. The Act does
not allow the Board
to grant a rulemaking moratorium. Arguing otherwise would tum the law of
administrative delegation on its head.
As such, a moratorium may only
be imposed through legislative action, not through a
Board order. Postponing the proper closure
of such impoundments during a moratorium of
undetermined length could potentially allow harm to human health or the environment in direct
contravention with the Act and the Illinois Constitution. Ameren, therefore, opposes the
Agency's request.
It
is also important to note that, the anticipated federal proposal referenced by the Agency
is only expected to be a
draft
proposal, which could take several years to finalize. In addition,
until U.S. EPA proposes and enacts rules governing coal combustion waste, no one knows how
such material will be characterized or whether such characterization and rules will be applicable
to the closure
of ash ponds similar to Ash Pond D. Lastly, it is important to note that in Mr.
Nightingale's testimony, and presumably in support
of the Agency's request for a moratorium,
Mr. Nightingale identifies a number
of Ameren impoundments (25) that he suggests may be the
subject
of site-specific rulemaking. This number appears to have been derived from a table,
Exhibit
2, submitted to the Bureau of Water in response to an information request.
Unfortunately, Mr. Nightingale does not appear
to have a complete picture of the status of the
9
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
impoundments identified. Specifically, many of the impoundments referenced by Mr.
Nightingale are under construction, not used to manage coal combustion waste or are expected to
remain in active service for quite some time (in some cases for at least another
10 years). The
Agency acknowledged at the hearing that they have not determined how many of the 70
impoundments mentioned will undergo closure activities at all. Tr. at 46. As the Agency is
aware, Ameren has two facilities with impoundments covered
by State Operating Permits that
are scheduled to expire and as such will need
to undergo closure similar to Ash Pond D. Tr. at
43. The Company believes that final closure
of impoundments when they are no longer
permitted
as water treatment devices is both prudent and environmentally responsible. Should
the Agency determine it may impose closure obligations through an existing regulatory
mechanism or through other means that will not impose the resource intense burden
of a site-
specific rulemaking process, Ameren certainly is open to such an approach. In the absence
of
such a defined alternative, Ameren has no other option but to seek site-specific relief so it may
properly cap and close these types
of impoundment.
Sections 840.120 and 840.122
Technical advisor Anand Rao asked the participants to review Sections 840.120 and
840.122
of the joint proposal to see if those two sections could be broken down into subsections.
In response to Mr. Rao's request, Ameren proposes to break Sections 840.120 and 840.122 into
the following subsections:
Section 840.120 Groundwater Collection Trench
a)
The owner or operator of Ash Pond D must design, install, and, consistent with
any applicable wastewater discharge permit conditions, operate a groundwater
collection trench along the south property boundary
of the Hutsonville Power
Station to prevent migration
of groundwater impacted by Ash Pond D south of the
property boundary.
10
b)
Plans for the groundwater collection trench including, but not limited to, a plan
for operation and maintenance, must be approved by the Agency in the closure
plan.
c)
The groundwater collection trench must be constructed according to a
construction quality assurance program that meets the requirements of Section
840.146 of this Subpart.
d)
Once compliance with the groundwater quality standards as set forth in Section
840.116 has been achieved in accordance with Section 840.118(a), the owner or
operator of Ash Pond D may discontinue operation of the groundwater collection
trench.
1)
Upon discontinuing operation of the groundwater collection trench, the
owner or operator must perform four quarterly sampling of the
groundwater monitoring system wells as identified in the post-closure care
plan, or modification thereof, to ensure compliance with the applicable
groundwater quality standards set forth in Section 840.116.
2)
Results of the four quarterly sampling must be included in the post-closure
report documentation. If compliance is not confirmed, operation of the
groundwater collection trench and discharge system must be resumed.
Section 840.122 Groundwater Discharge System
a)
Groundwater collected in the groundwater collection trench must be directed to an
outfall for which the Hutsonville Power Station has NPDES authorization or to
another option as approved by the Agency in the closure plan or post-closure care
plan.
b)
The groundwater discharge system must be constructed according to a
construction quality assurance program that meets the requirements of Section
840.146 of this Subpart.
c)
Plans for the groundwater discharge system including, but not limited to, a plan
or operation and maintenance, must be approved by the Agency in the closure
plan.
Mr. Rao also asked for a copy of the tritium analysis Ameren performed in response to
the Agency’s request. Attached hereto as Exhibit 3 is the tritium analysis and the Agency’s
request for the same.
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
Conclusion
Ameren and the Agency jointly propose this site-specific rulemaking for the closure of
Ash Pond D at the Hutsonville Power Station. The key elements include the comprehensive site
investigation and groundwater monitoring system, environmentally protective final closure
scenario, extensive groundwater monitoring during the post-closure care period, and adherence
to on-site and off-site groundwater quality standards that are based on or reference the Board's
requirements for groundwater quality at
35 Ill. Adm. Code 620. These key elements are
supported
by provisions for direct oversight by the Agency, the submission of plans, reports and
monitoring results for review
by the Agency, construction quality assurance requirements, and
procedural requirements for reviews leading to final determinations
by the Agency.
Based on information and modeling presented by Ameren in its Technical Support
Document, off-site groundwater will, over time, return to compliance with Board water quality
standards, and additional contaminant loading to the groundwater will be substantially reduced.
Therefore, the joint proposal will be protective
of human health and the environment as well as
existing on-site uses
of groundwater and existing and potential off-site uses of groundwater.
12
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
WHEREFORE, for the foregoing reasons, Ameren respectfully requests the Board to
adopt for first notice publication in the Illinois Register the proposed rulemaking language,
as
amended by the proponents' Joint Statement and this comment, for the site-specific closure of
Ash Pond D at the Hutsonville Power Station as proposed by Ameren and the Agency.
Dated: October 30, 2009
Joshua
R. More
Kathleen
C. Bassi
Amy Antoniolli
SCHIFF HARDIN LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
fax: 312-258-5600
CH2\7950257.6
Respectfully submitted,
AMEREN ENERGY GENERATING COMPANY
one
of its attorneys
13
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
EXHIBIT 1
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
Ameren CCP Ash Beneficial Use
Tons
Plant
2003
2004
2005
2006
2007
2008
Hutsonville
Ash Production
- Fly ash
16,421
22,811
25,689
16,464
20,121
22,600
- Bottom Ash
7,037
9,776
11,010
7,056
8,623
9,686
Total
23,458
32,587
36,699
23,521
28,745
32,286
Ash Utilized
- Fly ash
0
0
0
0
0
0
- Bottom Ash
Q
Q
6,105
4,391
3,189
4.450
Total
0
0
6 105
4,391
3,189
4,450
1 / 1
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
EXHIBIT 2
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
Ameren Corporation Ash Pond Survey
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[~:=:~~~E=::~~~~~i~=I:~~=--:=t_3~~~~E==j:==I3=3=_-~~I=j=:=~~:==j=====~~==~~~:==~~~~~=I==1~J~==~:F=~~f==f_=~~~E~1_=~~=~~~~~~:=:=r~~:=:~~~:~=~'=:1
NOTES: 1. - Volumes (liquid capacity) are approximate. UnHs = acre-feet.
2. - Additional observations are performed by plant operations staff during their daily routine. Any changes from previous obserrvations are noted. as appropriate.
3. - Ash volume for Venice was not able to be estimated at this time.
4. - The new Duck Creek Bottom Ash Basin interior is concrete.
Page 1 of 1
January
20, 2009 - FINAL
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
EXHIBIT 3
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
e
. ..
;:;
... , -"
..
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - (217} 782-2829
JAMES
R.
THOMPSON CENTER,
100
WEST RANDOLPH, SUITE
1 1
-300,
CHICAGO,
IL 60601 - (312) 814-6026
21
7/782-0610
July 16, 2009
Ameren Energy Generating Conlpany
Environmental, Safety
and Health
One Ameren Plaza
1901 Chouteau Avenue
P.O.
Box 66149
St. Louis, Missouri 63166-6149
Re:
Ash Impoundment D Closure
Confining
Unit Integrity Test
DOUGLAS
P. SCOTT,
DIRECTOR
Hutsonville Station- NPDES Permit No. IL0004120
Gentlemen:
As part of its efforts to review the proposed site specific rule for the closure of Ash Pond D at the
Hutsonville Station, the Illinois Environmental Protection Agency (Illinois EPA) wishes to
confirm
the integrity and continuous nature of the confining unit described in the technical
documents.
Therefore, pursuant to the authority of Sections 4 and 12 of the III inois Environmental Protection
Act (415 ILCS 5/et
seq.) the Illinois EPA requests that an enriched tritium analysis be performed
on
one sample taken from each of the following monitor wells: MW-7D, MW-14, MW-l1SD,
MW -115S, and MW -121. The detection limit for the tritimn analysis should be one tritium unit
('~TU").
This analysis is requested in order to confinn that the confining unit is continuous
between
the
~~upper
Inigration zone" and the "deep alluvial aquifer", as described in the technical
support document of the proposed rule-making for closure of Ash Pond D at Hutsonville Power
Station. Refer
tohnJ2:/hy.\y..,~'~~~pn.~.?1il.te.il.us!watcr/tritillJl1.html
for further information on
enriched tritium analysis.
Thank you for your efforts. If you have any question concerning this letter, please contact Darin
LeCrone
of the Industlial Unit or Bill Buscher of the Hydrogeologic and Assessment Unit.
Sincerely,
AI~'~
Manager, Permit Section
Division
of Water Pollution Control
cc:
Springfield Region
Bill Buscher
Records
ROCKFOJ;!D - 4302 North Main Stree(, Rockford, It 611 OJ _.
£lCIl" -
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South State, Elgin, lL 60123 -
!3Uf>~f.AI)
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U,NO •
P£ORiA - 7620 N.
SL, Peoria, IL
COLUNSVUE - 2009
,'v1an
Strc<'1.
IL 62234 -
5) 'Jti7-7760
•
UESPlAlNES - 9511
\N_
H:,lHiSOfl
51", Des Plaines.< iL 60016 - (847) 294-4000
608.3131
•
P£ORIA - 5415 N. University
SCt
Peoria, lL b 1 & 14 - (309) 693-5463
693.5462
•
(),AMP,<\IGN - 2125 South First Slreet, Champaign,!L 61020 - (21
•
M,'\R!ON -
nOt)
\V Main SI, Suite 11(;, .Marion,
II
62959 - (618)
PS<!NTED ON RrCY(LED
PAPER
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
UNIVERSITY OF ILLINOIS
AT URBANA-CHAMPAIGN
Institute of Natural Resource Sustainabili'Y
Illinois State GeologiOlI Survey
615 East Peabody Drive
Champaign. Illinois 61 820
Isotope Analysis Report
TO:
Mike Bollinger
Ameren Services
FROM:
Keith
C. Hackley, Ph.D.
1901 Chouteau Ave.,
Me 602
PO Box 66149
St. Louis.
MO 63166.6149
Date:
9/24/09: Ameren, water samples, Tritium Analysis:
ISGS
No.
1811
1813
1814
1815
Sample
10
Ameren Hutsonville/River
Ameren HutsonviUe/MW #14
Ameran Hutsonville/MW #115
------
Ameren Hutsonville/Plant
.--
Well
................
~--
(Analyst: Shari Fanta)
ISGS -INRS
University of lUinois
615
E. Peabody
Champaign, I L 61820
Tritium
(TU)
5.66
4.00
5.90
3.82
"'---
std dev.
±TU
±O.22
±O.26
±O.28
±O.23
TU stands for Tritium Unit. One TU is defined as one tritium atom per 10
18
hydrogen atoms, or 7.088 dpm/ kg H
2
0
1
or 3.193 pCi/kg H
2
0. The tritium sample was run using the enrichment technique (distillatlon
l
electrolysis, plus
liquid scintillation counting). Tritfum reported
as"< value" had measured results that were less than 3 times the
standard deviation. These < values are
then calculated by multiplying the standard deviation by 2.5 and adding the
measured tritium reSUlt to
it
,
the lowest value we report is < 0.5 TU.
Isotope Geochemistry Section
telephone
217-.333-4747.
filX
217 244.7004 •
\\,1II"' ....
isgs.uillC.eciu
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 30
th
day of October, 2009, I have served
electronically the attached
AMEREN ENERGY GENERTATING COMPANY'S POST-
HEARING COMMENTS
upon the following persons:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Tim Fox, Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Mark Wight, Assistant Counsel
Kyle Nash Davis, Assistant Counsel
Illinois Environmental Protection Agency
1
021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
and
by first class mail, postage affixed, to the persons on the
ATTACHED SERVICE LIST.
Kathleen
C. Bassi
Joshua
R. More
Amy Antoniolli
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Joshua
R. More
Electronic Filing - Received, Clerk's Office, October 30, 2009
* * * * * PC # 4 * * * * *
SERVICE LIST
(R09-21)
Matthew J. Dunn, Chief
Virginia Yang
Office
of the Attorney General
General Counsel
Environmental Bureau, North
Illinois Dept.
of Natural Resources
69 West Washington Street, Suite 1800
One Natural Resources Way
Chicago, Illinois 60602
Springfield, Illinois 62702-1271
Tracy Barkley
Prairie Rivers Network
1902 Fox Drive, Suite G
Champaign, IL 61820
