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ILLINOIS POLLUTION CONTROL BOARD
March 5, 2009
AMEREN ENERGY GENERATING CO.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-38
(Thermal Demonstration-Water)
HEARING OFFICER ORDER
The parties are advised that this matter has been assigned to the hearing officer
identified below. From this date forward, any pleading filed with the Clerk of the Board
in this matter must also be served individually on the hearing officer.
The hearing officer directs petitioner to address the pre-hearing questions set forth
in Attachment A to this order. Written responses, as well as any pre-hearing testimony,
must be filed at least 14 days before the hearing. A hearing date will be set at the initial
status conference. Respondent’s deadline for filing its recommendation is April 6, 2009.
The parties are directed to participate in a telephone status conference with the
hearing officer at 10:30 a.m. on March 16, 2009. The status conference shall be initiated
by the petitioner.
IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
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Attachment A.
Board Questions to Be Addressed:
1.
35 Ill. Adm. Code 302.211(j)(4) provides:
The required showing in subsection (j)(3) may take the form of an
acceptable final environmental impact statement or pertinent provisions of
environmental assessments used in the preparation of the final
environmental impact statement, or may take the form of showing
pursuant to Section 316(a) of the Clean Water Act (CWA) (33 U.S.C.
1251 et seq.), which addresses the requirements of subsection (j)(3). 35
Ill. Adm. Code 302.211(j)(4).
The United States Environmental Protection Agency (USEPA) has issued an
“Interagency 316(a) Technical Guidance Manual and Guide for Thermal Effects
Sections of Nuclear Facilities Environmental Impact Statements (DRAFT)” dated
May 1, 1977 (Section 316(a) Manual) (available at
http://www.epa.gov/npdespub/pubs/owm0001.pdf
). The Section 316(a) Manual
states that a Type II Demonstration would involve:
3.5.1
Development of Biotic Category Rationales
3.5.2
Development of Representative Important Species Rationale
3.5.3
Engineering and Hydrological Data for Type II Demonstration
3.5.4
Synthesis of All Information into Master Ecosystem Rationale
(Section 316(a) Manual at pp. 34-52.)
a.
Exhibit 11 to the petition is a report prepared by ASA Analysis and
Communications, Inc. entitled “Evaluation of Potential Adverse Impacts
from Revised Site-Specific Thermal Standards in May and October for
Coffeen Lake” dated March 2008 (ASA Report). The ASA Report
indicates three fish species were selected as “representative important
species” (RIS) based on previous studies. The three RIS selected were
largemouth bass, bluegill, and channel catfish. Exh. 11 at 3-1. In this
regard, the ASA Report references Tranquilli and Larimore (INHS) 1981
and Heidinger
et al.
2000. Please explain more clearly at what point and
how the three RIS were selected from among the other life forms observed
in the reports by Tranquilli and Larmiore 1981 and Heidinger
et al.
2000,
providing additional documentation if necessary. Please comment on how
the selection of the three RIS satisfies the criteria under Section 3.5.2 of
the Section 316(a) Manual or the definition of RIS at pp. 78-79.
b.
The ASA Report finds and forms part of its basis in the Tranquilli and
Larimore 1981 Final Report by the Illinois Natural History Survey (INHS)
(INHS 1981 Final Report) that was completed under the previous thermal
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demonstration for Coffeen Lake in CIPS V. IEPA, PCB 77-158, PCB 78-
100 (cons.)(Mar. 19, 1982)(CIPS). Please review this 1981 INHS Report
and briefly comment on the validity of the development of the RIS
Rationale in light of current conditions. (For the convenience of the
parties in referencing the older CIPS
documents, the Clerk’s Office has
scanned the contents of pertinent microfiche into COOL; these are
available on the Board’s Website in the PCB 77-158, PCB 78-100 docket.)
c.
Please describe any consideration that was given to threatened and
endangered species as well as other vertebrate wildlife as set out in the
Section 316(a) Manual. On this note, the INHS Final Report mentions
that Great Blue Herons were occasionally observed in the lake. INHS
1981 Final Report at p.18.5.
d.
Exhibit 15 to the petition is a report prepared by Sargent & Lundy entitled
“Coffeen Units 1 and 2 Coffeen Cooling System Thermal Study”, Report
SL-009346, Revision 0 prepared June 2008 2008 (S & L 2008 Report).
The S & L 2008 Report states that it utilizes “S&L’s thermal lake
modeling software program.” S & L 2008 Report, Exh. 15 at p. 4. Please
provide additional information on the model, such as when it was
developed, if it has a particular name, and why this particular model was
used.
See
Section 316(a) Manual at p. 46.
e.
The Section 316(a) Manual sets out criteria for development of a “Master
Rationale, Demonstration as a Whole”. Section 316(a) Manual at pp. 70-
71. Please develop and provide this information in support of the
requested modifications.
2.
Exhibit 4 to the petition is a “Coffeen Lake Diagram”:
a.
Please provide a copy with more easily readable site numbers for the Lake
Temperature Monitor Locations.
b.
Please visually indicate the “Edge of Mixing Zone”, as the label for “Edge
of Mixing Zone” is not pinpointed to a particular location on the diagram.
c.
Please describe and comment on any effect of the “Sewage Treatment
Plant Discharge 001D” on thermal standards in Coffeen Lake.
d.
Please visually indicate, and specify the depth of, the deepest point in
Lake Coffeen, and indicate whether Ameren monitors at this point.
3.
Exhibit 2 to the petition is a provisional variance issued by IEPA in Ameren
Energy Generating Company Coffeen Power Station v. IEPA, IEPA-08-14 (Oct. 24,
2007). This provisional variance recites that Ameren was “operating four solar-powered
aeration pumps in the lake to draw water from the bottom to the top in an attempt to cool
the water.” Exh. 2 at 3. The S & L 2008 Report (Exh. 15) does not list the solar-powered
pumps as part of the existing cooling system. Please explain whether use of the solar-
powered pumps to cool the lake water is intended under the proposed modification, and if
not why not.
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4.
Please specify whether Ameren has measured the water temperature and dissolved
oxygen profiles during May and October in 2007 and 2008
(i.e.
since completion of the
Southern Illinois University-Carbondale (SIUC) fishery studies of 1997-2006 referenced
in the ASA Report). Please state whether the same locations were used in any 2007 and
2008 measurements as were used in the SIUC studies.
5.
The ASA Report states “Coffeen Lake has had an abundance of submerged
macrophytes”. ASA Report at. 3.7. If possible, please quantify, in terms of percent
coverage, the abundance of macrophytes and relate that to amounts considered beneficial
to aquatic life.
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on March 5, 2009, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on March 5, 2009:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
PCB 2009-038
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IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2009-038
Amy Antoniolli
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606-6473
