IL~INOISPOLLUTION CONTROL BOARD

January

14,

1976

ILLINOIS POWER COMPANY~

)

Petitioner,

v.

)

PCB 75—221

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board) upon the petition of Illinois Power Company

(Illinois)

for variance from Rule 203(f)

of the Water Regulations as it

applies to boron and Rule 408 of the Water Regulations as it

applies to total suspended solids

(TSS)

and pH.

Illinois

seeks its variance from the boron standard for a period of

12 months as an extension of the variance granted in PCB 74—

423.

The variance from Rule 408

is sought for a six month

period.

The facility for which the variances are sought is

Petitioner’s fossil-fueled electric power generating station,

Wood River, East Alton, Madison County,

Illinois.

Petitioner’s

final amendment to its petition was filed September 15,

1975.

Illinois uses an ash lagoon system to treat its fly and

bottom ash sluice waters.

After

fuel is burned,

it is

sluiced with water to the lagoon where settling of suspended

solids occurs.

During the retention period water reacts

with the fly ash releasing boron.

The effluent is discharged

into an unnamed tributary of Wood River Creek which flows

into Wood River Creek and eventually into the Mississippi

River.

Rule 203(f)

of the Water Regulations sets a boron

limitation of 1.0 mg/i.

Petitioner states that a 12 month

average of samples taken from the ash lagoon outfall averaged

0.693 ppm.

Nine out of the 23 samples exceeded the standard,

the highest being 1.70 ppm.

In PCB 74—423 the Board granted Petitioner variance

from Rule 203(f) ‘s boron standard while undertaking

a research

project on boron removal.

This variance expired on June

1,

1975.

Two

methods were finally suggested.

The first con-

cerned dry ash collection at an estimated cost of $1,500,000

to $2,500,000.

Illinois has excluded this method as too

costly.

The second method consists of installing

a boron

selective resin,

ion exchange membrane in the ash lagoon.

Illinois estimates this cost to be approximately $915,000.

19— 869

---

—2—

Petitioner has suggested the control of boron discharge

through routing the effluent to the Mississippi.

Route

“A”

would pass through the “borrow pit” area to the Shields

Branch which runs through twin culverts known as the

Twin

60’s.

However,

during flood times the Twin 60’s are. closed

creating a back up area of 72~3Ofeet.

?rn additional dis-

charge into this area of as much as 5.33 MGD would aggravate

existing environmental problems.

In addition this route

would not result in compliance as Rule 203(f) would still

apply.

Therefore the Board rejects alternate route “A”

as a

viable means of compliance.

See EPA v. Alton Box Company

et al, PCB 73—61 and 74—51.

Petitioner has also suggested alternate Routes “B” and

“C”.

Route

“B” requires

a sump, pumps,

a levee crossing and

a pipeline along the levee to the Mississippi River at a

cost of $349,000.

Route “C” requires

a graded open trench

in

an abandoned portion of the existing ash lagoon,

a

sulnp,

pumps,

levee crossing, and pipe to the Mississippi River at

a cost of $336,000.

In its September 15,

1975,

amendment, Petitioner states

that its existing ash lagoon is becoming too full to provide

adequate storage capacity and retention time for the remain-

ing life of the power plant.

Illinois will construct an

additional lagoon in the “borrow pit” area.

Engineering and

design work for the new lagoon will be complete within one

year.

When the new lagoon is finished, Petitioner suggests

that there are three “obvious” discharge routes from the

lagoon.

The first is the same as alternate route

“A”;

the

second would be over or under the new highway being built

along the Mississippi and the levee; the third would use the

existing route through the unnamed tributary of Wood River

Creek.

We have already rejected the first route.

The third

route would not result

in compliance with 203(f).

There-

fore,

the only viable route would be directly to the Miss-

issippi unless Petitioner obtains a regulatory amendment.

Petitioner states that there is another alternative,

i.e.,

seeking a long term variance pursuant to Commonwealth

Edison

v. Pollution Control Board,

25

Iii. App.

3d 271,

323

NE

2d

84

(1975).

The Board finds that this case does not

support a long term variance.

The First District Court

merely states that where the rules are arbitrary or un-

reasonable as applied, the remedy of the variance procedure

is available.

Commonwealth Edison,

supra at 90.

This would

not relieve Petitioner. of its duty to provide a viable

compliance plan.

In view of the foregoing,

the Board will grant Illinois

a limited variance from Rule 203(f).

Petitioner must submit

a final, corporate approved, compliance plan specifying the

route to the Mississippi which Petitioner will utilize to

comply with 203(f) by March 15,

1976.

Illinois

is also free

to seek a regulatory amendment.

19—610

---

—3—

Illinois seeks variance from Rule 408 of the Water

Regulations as

it applies

to TSS.

Petitioner will construct

berms within the existing ash lagoon to temporarily increase

retention time thereby decreasing

the TSS.

Permanent com-

pliance will result from the construction of the new ash

lagoon.

Petitioner seeks this variance for six months and

the Board finds that its compliance plan is adequate.

Illinois also seeks variance from Rule 408 of the Water

Regulations as it applies to pH.

However, Petitioner states

that it does not know the cause of the pH problem and has

provided no compliance plan.

Therefore,

the Board must

reject Illinois’ petition as it relates to pH.

This Opinion constitutes the findings of fact and

conclusions of law of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1.

Illinois Power be and is hereby, granted variance

from Rule 203(f)

as

it pertains to boron of the Water Regu-

lations from June

1,

1975, until March

15,

1976,

subject to

the following conditions:

a.

That Petitioner provide a time

schedule for bringing the facility into

compliance and a detailed description of the

corporate approved program to be undertaken

to achieve compliance by March 15,

1976;

b.

That Petitioner prepare a feasi-

bility report,

including costs, of directing

its effluent from the new ash lagoon directly

to the Mississippi River;

c.

That the discharge not exceed 1.6

mg/l of boron in any

24 hour composite sample;

d.

That no effluent from the ash lagoons

be allowed to enter the Shields’ Branch im-

poundment area;

e.

That a feasibility report or alter-

native means of disposal of the fly ash

including dry storage of all ash be submitted

to the Agency within 90 days.

19—671

---

—4—

2.

Illinois Power

is hereby granted variance from Rule

408 of the Water Regulations as

it applies to total suspended

solids from September 15,

1975 until March 15,

1976.

3.

Illinois Power be and is,

hereby, denied variance

from Rule

408 of Chapter

3 as it applies to pH, without

prejudice.

Mr. Young abstains.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Opi ion and Order

were adopted on the

,,“~“

day of

1975byavoteof.3—~

Christan L. Moffett,

rk

Illinois Pollution C

rol Board