BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
WATER QUALITY STANDARDS AND
EFFLUENT LIMITATIONS
FOR THE
CHICAGO AREA WATERWAY SYSTEM
AND LOWER DES PLAINES RIVER
PROPOSED AMENDMENTS TO 35 ILL.
ADM. CODE 301, 302, 303, and 304
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R08-9
(Rulemaking - Water)
NOTICE OF FILING
TO:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
IOO West Randolph Street, Suite 11-500
Chicago, IL 6060 I
Deborah J. Williams, Assistant Counsel
Stefanie N. Diers, Assistant Counsel
Illinois Environmental Protection Agency
I02l North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Marie Tipsord, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
IOO West Randolph Street, Suite 11-500
Chicago, IL 60601
Persons included
on the attached
SERVICE LIST
PLEASE TAKE
NOTICE thatI have today filed with the Office of the Clerk ofthe
Pollution Control Board MIDWEST GENERATION'S QUESTIONS FOR STEPAN
COMPANY WITNESSES DR. CARL ADAMS AND MS. ROBIN GARIBAY, a copy
of which
is herewith served upon you.
ENERATION, L.L.C.
Electronic Filing - Received, Clerk's Office, August 25, 2008
Date: August 25, 2008
Susan
M. Franzetti
NIJMAN FRANZETTI LLP
10 S. LaSalle St., Suite 3600
Chicago, IL 60603
(312) 251-5590 (phone)
(312) 251- 4610 (fax)
Kristy
A.
N. Bulleit
Brent Fewell
HUNTON
&
WILLIAMS, LLP
1900
K. Street, NW
Washington, DC 20006
(202) 855-1500 (phone)
(202) 778-7411 (fax)
Electronic Filing - Received, Clerk's Office, August 25, 2008
CERTIFICATE OF SERVICE
I, the undersigned, certifY that on tins 25[h day of August, 2008, I have served
electronically the attached
MIDWEST GENERATION'S QUESTIONS FOR STEPAN
COMPANY WITNESSES DR.
CARL ADAMS AND MS. ROBIN GARIBAY and NOTICE
OF FILING upon the following persons:
John Therriault, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 6060 I
Marie Tipsord, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West
Randolph Street, Suite 11-500
Chicago,
IL 6060I
and by U.S. Mail,
fIrst class postage prepaid, to tile following persons:
Deborah
J. Williams, Assistant Counsel
Stefanie N. Diers, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue
East
P.O. Box 19276
SpringfIeld, IL 62794-9276
The participants listed
on the attached
SERVICE LIST
Electronic Filing - Received, Clerk's Office, August 25, 2008
SERVICE LIST
Frederick M. Feldman
Ronald
M. Hill
Margaret
T. Conway
Metropolitan Water Reclamation District
of Greater Chicago
111 East Erie Street
Chicago, IL 60611
Bill Richardson, ChiefLegal Counsel
Illinois Department
ofNatural Resources
One Natural Resources Way
Springfield, IL 62702-1271
Keith Harley
Elizabeth Schenkier
Chicago Legal Clinic, Inc.
205 West Monroe, 4th Floor
Chicago, IL 60606
Katherine D. Hodge
Monica
T. Rios
Hodge Dwyer Zeman
3150 Roland Avenue
P.O. Box 5776
Springfield, IL 62705-5776
Richard Kissel
Roy Harsch
DrinkerBiddle
191 N. Wacker Dr., Suite 3700
Chicago, IL 60606-1698
Claire Manning
Brown Hay& Stephens LLP
700 First Mercantile Bank Bldg
205
S. Fifth St
Springfield, 11 62705-2459
Frederick Keady
Vermillion Coal Company
1979 Jolms Drive
Glenview, IL 60025
Matthew Dunn,
Chief
Environmental Bureau
Office
ofthe Attorney General
100 West Randolph, 12th Floor
Chicago, IL 6060 I
Ann Alexander
Natural Resources Defense
COlmsel
101 N. Wacker Dr., Ste. 609
Chicago, IL 60606
Thomas V. Skinner
Thomas
W. Dimond
Kevin Desharnais
Jennifer
A.
Simon
Mayer Brown LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
Albert Ettinger
Jessica Dexter
Environmental Law & Policy Center
35
E.
Wacker Dr., Suite 1300
Chicago, IL 6060 I
Lisa Frede
Chemical Industry Council
of Illinois
1400
E.
Touhy Ave., Suite 110
Des Plaines, IL 60018
Charles Wesselhoft
James Harrington
Ross& Hardies
150
N. Michigan Ave
Chicago, IL 60601-7567
Fred
1. Hubbard
P.O. Box
12
16 West Madison
Danville, IL 61834
Electronic Filing - Received, Clerk's Office, August 25, 2008
Georgia Vlahos
Naval Training Center
260lA Paul Jones St
Great Lalces,
1L 60088-2845
W.C. Blanton
Blackwell Sanders LLP
4801 Main St, Suite 1000
Kansas City, MO 64112
Jerry Paulsen
Cindy Skukrud
McHenry County Defenders
132 Cass Street
Woodstock,
11 60098
Bernard Sawyer
Thomas Granto
Metropolitan Water Reclamation District
6001 W. Pershing Rd
Cicero,
1L 60650-4112
Marc Miller
Jamie
S. Caston
Office
ofLt. Governor Pat Quina
Room 414 State House
Springfield,
1L 62706
Bob Carter
Bloomington Normal Water Reclamation
PO Box 3307
Bloomington,
1L 61702-3307
Kenneth
W. Liss
Andrews Environmental Engineering
3300 Ginger Creek Drive
Springfield,
1L 62711
Jeffrey
C. Fort
Ariel
1. Tesher
Sonnenschein Nath
&
Rosenthal LLP
7800 Sears Tower, 233 S. Wacker Drive
Chicago,
1L 60606-6404
Kay Anderson
American Bottoms
One American Bottoms Road
Sauget,
1L 62201
Robert VanGyseghem
City
of Geneva
1800 South St
Geneva,
1L 60134-2203
Fredric Andes
Erika Powers
Bames
&
Thornburg
I North Wacker Dr
Suite 4400
Chicago,
1L 60606
Jack Darin
Sierra Club
70 E. La1ce St
Chicago,
lL 60601-7447
TomMuth
Fox Metro Water Reclamation District
628 State Route
31
Oswego, 1L 60543
Vicky McKinley
Evanston Environmental Board
223 Grey Avenue
Evanston,
1L 60202
James
1. Daugherty
Thorn Creek Basin Sanitary District
700 West End Avenue
Chicago Heights,
lL 60411
Tracy Elzemeyer
American Water Company
727 Craig Road
St. Louis, MO 63141
Electronic Filing - Received, Clerk's Office, August 25, 2008
Irwin Polls
Ecological Monitoring
and Assessment
3206 Maple
Leaf Drive
Glenview, IL 60025
Dr. Thomas J. Murphy
2325 N. Clifton Street
Chicago,
1L 60614
Stacy Meyers-Glen
Openlands
Suite 1650
25 East Washington
Chicago, IL 60602
James
Huff
Huff
&
Huff, Inc.
915 Harger Road, Suite 330
Oak Brook, IL 60523
Susan Hedman
Andrew Armstrong
Environmental Counsel
Environmental Bureau
Suite 1800
69 West Washington Street
Chicago, IL 60602
Matthew C. Read
Hodge Dwyer Zeman
3150 Roland Avenue
P.O. Box5776
Springfield, IL 62705-5776
Traci Barldey
Prairie Rivers Networks
1902 Fox Drive, Suite 6
Champaign, IL 61820
Cathy Hudzik
City
of Chicago
Mayor's Office
of Intergovernmental Affairs
121 North LaSalle Street, Room 406
Chicago, IL 60602
Sharon Neal
Commonwealth Edison
125 South Clark Street
Chicago, IL 60603
Beth Steinhorn
2021 Timberbrook
Springfield, 11 62702
Jennifer
A.
Simon
Mayer Brown LLP
71 South Wacker Drive
Chicago, IL 60606-4637
Electronic Filing - Received, Clerk's Office, August 25, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
WATER QUALITY STANDARDS AND
EFFLUENT LIMITATIONS
FOR THE
CHICAGO
AREA WATERWAY SYSTEM
AND LOWER DES PLAINES RIVER
PROPOSED AMENDMENTS TO 35 ILL.
ADM. CODE 301,
302,303, and 304
)
)
)
)
)
)
)
)
R08-9
(Rulemaking - Water)
MIDWEST GENERATION'S QUESTIONS FOR STEPAN COMPANY WITNESSES
DR. CARL ADAMS AND MS. ROBIN GARIBAY
Midwest Generation, L.L.C. ("Midwest Generation" or "MWGen"), by and through its
attorneys, Nijman Franzetti LLP and Hunton
&
Williams LLP, submits the following questions
based upon the Pre-filed Testimony
of Dr. Carl Adams and Ms. Robin Garibay submitted on
behalf of Stepan Company. Midwest Generation requests that the Hearing Officer allow follow-
up questioning to be posed based on the answers provided.
OUESTIONS
1.
Background
1.
What is your experience in working with wastewater treatment plants, including
the type of treatment systems necessary to achieve effluent or water quality
standards?
2.
Have you testified or consulted in other water quality standards rulemaking
procedures?
II.
Stepan Millsdale Plant
3.
Describe in general terms the types of wastewaters collected and treated at
Stepan'sMillsdale plant located in the Upper Dresden Island Pool and the plant's
wastewater treatment process.
4.
How does the temperature ofthe wastewater that enters the Millsdale Plant's
wastewater treatment process affect the proper functioning ofthe wastewater
treatment process?
Electronic Filing - Received, Clerk's Office, August 25, 2008
5.
Does the operational temperature range of the wastewater in the Millsdale Plant's
wastewater treatment process need to be maintained throughout the year?
If so,
explain why.
m.
Thermal Compliance
6.
You state at page 4 of your testimony that "[i]t is very evident that maintaining
heat within the biological treatment process and then being required to remove the
heat prior
to discharge of the effluent is contrary to most,
if
not all, laws of nature
on conservation and carbon footprint." Please explain further what you mean by
this statement.
7.
You further state at page 4 of your testimony that "[t]he energy that creates the
heat in the WWTP effluent cannot be destroyed and can only
be removed from
the effluent
by transferring it to some other environmental media, for example
ambient air, through processes that themselves required energy resources and the
production
of more energy and heat."
a)
With respect to tins testimony, can the temperature of a wastewater be
expressed in units
of energy and is this anotller way of expressing the energy
potential
ofthe effluent?
b)
Why does the removal of temperature or energy from wastewater require
the generation
of even more energy and explain what the impacts are of
generating that additional energy?
8.
Have you estimated how much heat would need to be removed from Stepan's
wastewater discharge in order to comply with the proposed regulations?
If so,
please provide the estimate and how you arrived at it.
9.
Your testimony at page 5 describes seven technologies/processes you evaluated
for end-of-pipe temperature reduction (cooling ponds, flow augmentation, cooling
towers, heat exchange, chillers, cooling
air
and surface aeration in tanlcs) after
biological treatment
oftile wastewater. Why can't Stepan employ temperature
reduction processes
as part ofthe wastewater treatment process rather than as an
"add on" treatment process?
10.
Ofthe seven temperature control technologies and processes you evaluated for the
Stepan Plant, which ones did you conclude were not feasible and why?
11.
Begirnling on page 8 of your testimony, you describe the econonllc costs involved
in the technology
of adding a cooling tower in combination with a heat
exchanger/chiller combination at the Millsdale Plant and identify a capital cost
of
$1,640,00 and O&M costs of$I,300,00/yr. Please identify what the main cost
components are
of each of these cost categories.
2
Electronic Filing - Received, Clerk's Office, August 25, 2008
IV.
Disinfection
12.
Why would Stepan have to disinfect its wastewater in order to comply with the
proposed fecal coliform standard in the proposed rules for the Upper Dresden
Island Pool?
13.
On pages 9 and 10
of your testimony, you review the technologies considered for
disinfection (e.g., source treatment
by chlorination, end-of-pipe chlorination, and
other end-of-pipe applications such as UV, ozonation or peroxide). Explain why
you concluded that the only feasible option would be chlorination followed by
dechlorination.
14.
With respect to your assessment ofthe costs involved in the chlorination/
dechlorination option, namely a capital cost of $1,771,000 and annual O&M costs
of
$650,000/year,
please identifY the main cost components of each ofthese cost
categories.
15.
Please explain the elements of "Environmental Impact" that you list on page 11 of
your testimony for the chlorination/dechlorination treatment technology.
v.
Dissolved Oxygen
16.
Please explain further what you mean by your testimony at p. 11 that "IEPA has
not developed the data to assess the assimilative capacity of the Upper Dresden
Island Pool water for DO (e.g., DO sinks, relationship between flow, DO,
temperature, conductivity, kinetics of BOD and ammonia, etc.)" and your
conclusion that IEPA will implement the proposed more stringent
DO criteria as
an end-of-pipe limit.
17.
What do you mean by the statement at the top ofp. 12 of your testimony that
"temperature and conductivity of Stepan's treated effluent impacts the ability of
the treated effluent to 'saturate'to a level to achieve potential DO limits"? How
is the level of DO a factor in the biological wastewater treatment at the Stepan
wastewater treatment plant?
18.
On pages 12 and 13 of your testimony, you review the teclmologies considered
for adding DO or supplemental aeration of a treated effluent (e.g., pressurized air
diffusers, stair-step aeration, surface aerators, direct injection
of oxygen, and
hydrogen peroxide). Explain why you concluded that the only feasible option
would be hydrogen peroxide addition.
19.
With respect to your assessment ofthe costs involved in the hydrogen peroxide
addition,
namely a capital cost of $250,000 and annual O&M costs of
$650,000/year,
please identifY the main cost components of each of these cost
categories.
20.
Please explain the elements
of "Environmental Impact" that you list on page 13 of
your testimony for the hydrogen peroxide addition technology.
3
Electronic Filing - Received, Clerk's Office, August 25, 2008
VI.
Findings
21.
Based
on
your review, what is the total potential economic impact on Stepan from
the proposed use classification and water quality standards for the Upper Dresden
Island Pool?
22.
You state in your Findings at page 14
of your testimony that "[i]n managing the
wastewater to achieve consistent and complete compliance with the IEPA
proposed discharge limits Outfall 001, Stepan will have to install and operate
technologies that are well beyond the treatment considered
'best'for organic
chemical manufacturing plants." Please explain what you are referring to
as the
"treatment considered 'best'for organic chemical manufacturing plants."
23.
On page 15
of your testimony, at the end of the second paragraph, you state:
"In
our experience, the economic reasonableness to 'smallerdischargers' and the
overall significant multi-media impacts
of technically feasible controls ought to
be thoroughly considered in any proposal to modify water quality uses or water
quality standards." Would you briefly describe the "experience" you are referring
to in this testimony?
Respectfully submitted,
MIDWEST GENERATION, L.L.C.
By
j)
-;$'
£ QJI
~""e""'704~«<It'----=,A,L~~~0.£l)l~Y""s~:.J..!.-
Dated: August 25, 2008
Susan
M. Franzetti
NIJMAN FRANZETTI LLP
10 S. LaSalle St., Suite 3600
Chicago, IL 60603
(312) 251-5590
Brent Fewell
Kristy
A.
N. Bul1eit
HUNTON
&
WILLIAMS LLP
1900 K Street, N.W.
Washington, DC 20006
(202) 955-1891
4
Electronic Filing - Received, Clerk's Office, August 25, 2008