ILLINOIS POLLUTION CONTROL BOARD
    July 1,
    1993
    IN THE MATTER OF:
    )
    )
    PETITION OF SOUTHERN ILLINOIS
    )
    AS 92-10
    POWER COOPERATIVE
    (MARION POWER)
    )
    (Adjusted Standard)
    FOR ADJUSTED STANDARDS FROM
    35
    )
    ILL. ADM. CODE 302.208(e)
    )
    OPINION
    AND
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On September 21,
    1992,
    Southern Illinois Power Cooperative
    (SIPC)
    filed a petition for an adjusted standard for its Marion
    Power Station from the general use water quality standards for
    boron in 35 Ill.
    Adin. Code 302.208(e).
    Based on additional
    information supplied by the Agency, SIPC filed an amended
    petition on December
    11,
    1992.
    The Agency filed its
    recommendation on March 17,
    1993.
    The Agency recommends granting
    the adjusted standard as requested in the amended petition.
    SIPC
    requested a waiver of the hearing and no hearing was held in this
    matter.
    On June
    16, 1993,
    SIPC filed a Motion For Entry of a
    Final Order.
    In its amended petition,
    SIPC requests that the following
    standard for boron be applied to the Marion Power Station:
    From Southern Illinois Power Cooperative’s Outfall 005
    to a point of the South Fork of Saline River where it
    leaves the S-E quarter of Section
    6,
    T.1OS—R.4E,
    Williamson County, the standard shall
    be 9 mg/l and
    from said point to the point of confluence with the
    Middle Fork of the Saline River, where
    it leaves the
    S—W quarter of Section 28, T.9S—R.7E,
    Saline County,
    the standard shall be
    3 mg/I.
    (Am. Pet.
    at 3.)
    BACKGROUND
    SIPC operates the Marion Power Station located approximately
    8 miles south of Marion, Williamson County,
    Illinois.
    (Pet.
    at
    4.)
    The station has an electrical generating capacity of 272 mw
    and is comprised of four coal fired units.
    (Pet.
    at 4.)
    Bottom ash from units
    1,
    2,
    3 and 4 is sluiced to ponds
    1
    and
    2 and is hauled off-site by contractors.
    (Pet.
    at
    4.)
    The
    fly ash produced in units
    1,
    2 and
    3
    is sluiced to either ponds
    A-i or B-3.
    (Pet.
    at 4.)
    The sluice water produced by water
    contact with the bottom ash
    is collected in pond
    4 and discharged
    through outfall
    002.
    (Pet.
    at 4.)
    The sluice water produced by
    water contact with the
    fly
    ash
    is
    collected
    in pond B-3 and
    discharged
    through
    outfall
    005.
    (Pet.
    at
    4.)
    Ash
    and
    plant
    drain

    2
    systems permit
    a degree of flexibility as
    t~- which pond and
    outfall the discharge
    is directed.
    (Pet.
    at
    5
    The station discharges wastewater to the Little Saline
    Creek,
    a tributary to the South Fork of the Saline River.
    The
    wastewater discharged from outfall 001,
    002 and 005 are governed
    by SIPC’s NPDES permit.
    (Pet.
    at 4.)
    The permit states the
    interim effluent limits for all parameters except boron,
    iron and
    total dissolved solids
    (TDS),
    and lists the final effluent limits
    for all parameters effective January 15,
    1993.
    (Pet.
    at 5.)
    The
    permit also requires the monitoring of the outfalls for boron,
    iron and TDS for the purpose of characterizing the discharge.
    (Pet.
    at 5.)
    The final effluent limitation for outfalls 001,
    002
    and 005 is 1.0 mg/l as a daily maximum value for boron.
    (Pet.
    at
    5.)
    The standards listed
    in the permit are the same standards
    established by the Board’s regulations.
    SIPC contends that
    monitoring effluents and SIPC historical data regarding boron
    concentrations indicate that discharges from these outfalls
    suggests noncompliance with the final effluent limitation for
    boron.
    (Pet.
    at 5.)
    DISCUSSION
    Section 302.208(e)
    of the Board’s general water quality
    standards establishes
    a numerical standard of 1.0 mg/i for boron.
    (35 Ill.
    Adrn.
    Code 302.208(e).)
    Section 28.1 of the Act allows,
    in pertinent part,
    for an adjusted standard from a rule of
    general applicability upon adequate proof that:
    1.
    factors relating to that petitioner are substantially
    and significantly different from the factors relied
    upon by the Board
    in adopting the general regulation
    applicable to the petitioner;
    2.
    the existence of those factors justifies an adjusted
    standard;
    3.
    the requested standard will not result in environmental
    or health effects substantially and significantly more
    adverse than the effects considered by the Board in
    adopting the rule of general applicability; and
    4.
    the adjusted standard is consistent with any applicable
    federal
    law.
    siPc
    notes that the water quality standard for boron was
    based on evidence that higher levels of boron can harm irrigated
    crops.
    (Pet.
    at 18.)
    SIPC argues that this concern
    is not
    applicable,
    because neither the Little Saline nor the South Fork
    are used for irrigation purposes.
    (Pet. at
    18,
    Exh.
    3 at 4.)
    The
    Agency agrees that the basis of the boron standard was crop

    3
    protection from irrigation and not aquatic toxicity.
    (Ag.
    Rec.
    at
    4.)
    The reports submitted by SIPC indicate th~tthese waters are
    not used for irrigation.
    (Exh.
    3.)
    The Agency further notes that
    use of these waters for irrigation would not be expected due to
    the small volume of flow in the Saline—South Fork system.
    (Ag.
    Rec. at
    4.)
    Under present operating conditions, the effluent discharges
    will result in violations of the boron standard.
    (Pet.
    at 17.)
    To comply with the boron standard SIPC would have to implement a
    compliance alternative.
    (Pet.
    at 17.)
    SIPC has considered five alternatives for obtaining
    compliance with the effluent limitation.
    (Pet.
    at 6.)
    The
    alternatives considered were:
    1.
    Removal of fly ash from the site in a dry condition;
    2.
    Revision to cyclone burners to reduce fly ash
    combustibles and increase the ratio of bottom ash to
    fly ash.
    3.
    Use of alternative fuels
    in place of Illinois coal;
    4.
    Treatment of wastewater discharges using boron specific
    ion exchange; and
    5.
    Treatment of wastewater discharges using osmosis.
    SIPC has concluded that the compliance alternatives available are
    either technically infeasible or economically unreasonable.
    (Pet.
    at
    6,
    Exh.
    2.)
    Some of the compliance alternatives would lower
    the actual flow in the Little Saline and the South Fork thereby
    adversely impacting the aquatic ecosystem.
    (Pet.
    at 17.)
    SIPC asserts that the proposed adjusted standard will not
    result in a change in operations at the station nor in the
    quality of the existing conditions
    in the Little Saline.
    (Pet.
    at
    16.)
    The station has been operating at the proposed boron
    standard, sought in this petition, without evidence of any
    significant adverse impacts upon aquatic, human or terrestrial
    species or upon current uses of the Little Saline and the South
    Fork.
    (Pet.
    at 21.)
    SIPC indicates that at the levels proposed in the adjusted
    standard there
    is no adverse environmental impact except for a
    potential impact to fish embryos and young fish.
    (Pet.
    at 19.)
    However,
    SIPC notes that the Little Saline and South Fork are
    less than adequate for fish spawning activities due to erosion,
    low flow and low pH.
    (Pet. at
    19.)

    4
    SIPC
    asserts that current uses of the Little Saline and the
    South Fork will not be significantly impacted by the proposed
    adjusted standard.
    (Pet.
    at 20.)
    The Little Saline and the South
    Fork are not used as sources of water for either public,
    industrial or irrigation users.
    (Pet. at 20.)
    The primary use of
    the South Fork is for agricultural drainage.
    (Pet. at 20.)
    The Agency recommends the granting of the adjusted standard.
    The Agency asserts that the best degree of treatment is in place
    at the Marion power station and that any more advanced treatment
    would not be cost effective, given the negligible environmental
    harm caused by the boron levels.
    (Ag. Rec. at 3.)
    The Agency
    agrees with SIPC that the alternative compliance strategies
    examined are not reasonable.
    (Ag. Rec.
    at 7.)
    SIPC asserts and the Agency agrees that the adjusted
    standard is consistent with applicable federal law.
    (Pet. at 21,
    Ag. Rec. at 8.)
    CONCLUSION
    The Board finds that petitioner has justified the granting
    of an adjusted standard consistent with Section 28.1 of the Act.
    In adopting the general regulation on boron the Board was
    concerned with the effects of boron on crops.
    The waters
    affected by the adjusted standard are not used for crop
    irrigation.
    Further, the petitioner has demonstrated that the
    adjusted standard will have a minimal environmental impact.
    The
    Board finds that the petitioner has justified the need for the
    adjusted standard and the Board grants the adjusted standard as
    requested by the petitioner.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Pursuant to Section 28.1(b), the Board hereby grants an
    adjusted standard from 35
    Ill. Adm. Code 302.208(e)
    to Southern
    Illinois Power Cooperative for its Marion Power Station.
    The
    following standard becomes effective on the date of this order:
    1.
    Southern Illinois Power Cooperative is
    granted an adjusted standard from 35 Ill.
    Adni.
    Code 302.208(e)
    for the discharge from
    its Marion Power Station.
    The adjusted
    standard applies to Little Saline Creek and
    the South Fork of the Saline River from
    Southern Illinois Power Cooperative’s Outfall
    005 which discharges into Little Saline Creek

    5
    to a point of the South Fork River
    in the N-E
    quarter of Section
    20, T.1OS-R.5E,
    ~line
    County.
    2.
    Instead of the standard for boron of Section
    302.208(e), the following standards for boron
    shall apply to Southern Illinois
    Cooperative’s Marion Power Station:
    From Southern Illinois Power Cooperative’s
    Outfall 005 to a point of the South Fork of
    Saline River where it leaves the S-E quarter
    of Section 6, T.1OS-R.4E, WillIamson County,
    the standard shall be
    9 mg/i and from said
    point to the point of confluence with the
    Middle Fork of the Saline River, where it
    leaves the S-W quarter of Section 28, T.9S—
    R.7E,
    Saline County, the standard shall be
    3
    lug/i.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41
    (1992))
    provides for appeal of final orders of the Board
    within 35 days.
    The Rules of the Supreme Court of Illinois
    establish filing requirements.
    (See also 35 Ill.
    Adin.
    Code
    101.246, Motion for Reconsideration.)
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above opin
    and order was
    adopted on the ______________day of_________________________
    1993,
    by a vote of
    7~
    .
    /
    .
    Dorothy M. 9~nn,Clerk
    Illinois Po~lution Control Board

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