BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
AMEREN ENERGY GENERATING
COMPANY,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Petitioner,
)
)
)
)
)
)
)
)
)
)
Respondent. )
PCB
09-38
(Thennal Demonstration)
ANSWERS TO HEARING OFFICER ORDER
Ameren Energy Generating Company ("Ameren" or "Petitioner") filed this artificial
cooling lake demonstration on December 15,
2008, for Coffeen Power Station ("Station") at
Coffeen Lake, located in Montgomery County.
Section 106.208(b) of the Board's procedural
rules provides that the Illinois Environmental Protection Agency
("Agency") must make a
recommendation to the Illinois Pollution Control Board
("Board") on the petition within 60 days
from the date
of filing. 35 Ill. Adm. Code 106.208(b). In her March 5,2009 order, Hearing
Officer Webb ("Hearing Officer") included a series of questions on the petition for Ameren to
answer before hearing.
On that same date, the Board extended the Agency's deadline to file the
recommendation through April 6,
2009. The parties together with the Board set the hearing date
in this matter for May 19,
2009. The Agency filed a recommendation on April 24, 2009. The
hearing officer extended the deadline for Ameren
to answer the Board's questions through May
12,2009. Below Ameren sets out the hearing officer's questions in italics and provides answers
immediately following each question:
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 provisions
of
environmental assessments used in the preparation of the final
environmental impact statement, or may take the form
of a 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/owmOOOJ.pdj). 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.)
As a general response to the Board's first question, Ameren recognizes that predictive
Section 316(a) demonstrations are appropriate for new facilities
or facilities with major changes to
their operational mode. Section 316( a) Manual at
II. However, the Station is not a new facility, nor
is it changing any design parameters
of its generating equipment that would affect its thermal eftluent
discharge into Coffeen Lake. Coffeen Lake supports a thriving fishery and over a decade
of data has
been collected with which to evaluate the effects
of the Station's thermal discharge. Even more
importantly, Ameren is not requesting a new standard, but rather an incremental modification
of
Coffeen Lake's winter thermal limits for only the months of May and October
.
The Section 316( a) Manual provides valuable guidance on how to evaluate the impacts
of
thermal eftluents on water quality or biota. However, the Section 316( a) Manual is only intended as
"general guidance and as a starting point for discussions," and the manual itself notes that State
Directors "are not rigidly bound by the contents of this document." Section 316(a) Manual, pp. 8-9.
As set forth in more detail below, Ameren believes that it has appropriately considered the history
of
Coffeen Lake and the Station, Board orders from previous proceedings, as well as valuable empirical
2
Electronic Filing - Received, Clerk's Office, May 12, 2009
data in demonstrating that the requested relief will continue to support a balanced indigenous
community in Coffeen Lake.
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 Larimore
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.
The ASA Report relied upon the 1997-2006 studies conducted by Southern Illinois
University-Carbondale
("SlUC") as the most recent source of information on the status of
Coffeen Lake. These studies were mandated by the Board as the result of a five-year variance
granted on June 5, 1997, where
May and October limits were raised to levels (l05°F monthly
mean and
112°F maximum) above those currently proposed in Ameren's petition (96°F monthly
mean and
102°F maximum). Data derived from these studies are particularly useful since they
can be used to demonstrate whether elevated temperatures that might occur during May and
October under the proposed revised thermal standard have caused detectable effects on the biota
of Coffeen Lake. The studies on Coffeen Lake were conducted concurrently with more
extensive studies on the aquatic ecosystem
of Newton Lake, the cooling lake for another Ameren
generating facility in Illinois.
To comply with the conditions
of the 1997 variance, Ameren retained SIUC to conduct
studies proposed
by that academic institution. Dr. Roy Heidinger was the project leader and one
of three principal investigators. The proposed study underwent review and comment by IEP A
and Illinois Department
of Natural Resources ("IDNR") staff, as well as the public, prior to
3
commencing in August 1997. Dr. Heidinger and his staff selected largemouth bass, bluegill, and
channel catfish as the target species, in part, for their study because they were the species
primarily being caught by anglers at that time. While white crappie, a popular game species, was
known to occur in Coffeen Lake, they were very rare in the fish collections made by
SIUC
(e.g.,
none caught by seine hauls in August 1997, April-August 1998 and 1999; and only a couple
caught by electrofishing during the whole study). The three target fish species were sustained
entirely by natural reproduction, whereas white crappie typically had been stocked.
The ASA Report therefore was restricted to the available data for the three target species
chosen for the
SIUC studies. The three fish species were excellent candidates as "representative
important species" or "RIS", as defined by the U .S. EPA in its 1977 draft 316(a) guidelines
I.
They satisfy the criterion of being commercially or recreationally valuable, and in fact are the
cornerstone
of the recreational fishery of Coffeen Lake. Detrimental effects from the Station's
thermal discharge,
if any, are reflected in the status of these RIS. The target fish naturally
reproduce in Coffeen Lake, and their population status will reflect all thermally-induced effects
on their complete life cycle, including spawning, egg and larval life stages, juveniles, and adults.
Their welfare, as top consumers, also reflects the health
of the lower trophic levels that provide
their forage and nutrition.
It
would be prohibitive, and not provide additional benefit, to study in
detail all species that occur in the lake. Furthermore, in approving the scope
of the studies, IDNR
concurs that the target fish are representative surrogates
of fish population within the lake.
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
demonstrationfor 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
I
RIS are "representative, in terms of their biological requirements, of a balanced, indigenous community of
shellfish, fish and wildlife in the body of water into which the discharge is made."
4
comment on the validity of the development of the RIS Rationale in light of
current conditions.
The Tranquilli and Larimore (1981) report on the environmental studies conducted on
Coffeen Lake during 1978-1980 addressed several components
of the aquatic community,
including algae, zooplankton, benthos, and fish. Detectable effects from the thermal plume
primarily were limited to fish. Whereas the entire fish community was addressed in the report's
sections on ichthyoplankton and juvenile
/adult species composition and distribution, the three
species most frequently chosen for detailed study were largemouth bass, bluegill, and channel
catfish,
i.e.,
the three RIS in the ASA Report. Accordingly, in addition to the basis for using RIS
as discussed above, the reliance on those species in the Tranquilli and Larimore report provide
support that it was appropriate to study the impacts on largemouth bass, bluegill and channel
catfish in the ASA Report.
Gizzard shad and white crappie were not selected as RIS despite their relative abundance
as reported in the
1981 report. Although gizzard shad, a forage species, comprised a relatively
large proportion
of catch, young-of-year gizzard shad appeared to be inadequately sampled by
the sampling gear, with the possible exception of cove rotenone sampling, thus making it
difficult to determine annual reproductive success. Young-of-year white crappie were rare in the
collections.
The derivation oflargemouth bass, bluegill, and channel catfish as RIS in the ASA
Report is described in the response to question l(a).
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.
No threatened
or endangered species have been reported for Coffeen Lake except for
recent occurrences
of the bald eagle. Vertebrate wildlife other than fish have minimal direct
5
Electronic Filing - Received, Clerk's Office, May 12, 2009
exposure to the thennal plume, and are therefore not vulnerable to direct effects from the
discharged heat. Vertebrate wildlife such as ducks, geese, muskrats, and raccoons prefer the
shore zone and especially its wetlands. No population
of vertebrate wildlife is unique to Coffeen
Lake and its surrounding lands. Under the tenns
of a lease agreement between IDNR and
Ameren, the Coffeen Lake State Fish and Wildlife Area is actively and intensely managed for
wildlife.
Ameren considered vertebrate wildlife in the Petition,2 noting that Coffeen Lake supports
a diverse wildlife community as illustrated
by the IDNR website page for Coffeen Lake
(http://dnr.state.il.us/lands/LandmgtlParks/R4/COFFEEN.HTM). The petition further concludes
that the presence
of wildlife around Coffeen Lake, in addition to the fish community, provides a
valuable recreational and conservation resource for the general public and indicates the general
environmental quality and acceptability
of the lake.
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-
0009346, Revision 0 prepared June 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.
Sargent & Lundy ("S&L") originally developed the LakeT analysis program in the early
1970s. This program has been updated by S&L over the years, enhanced, and migrated to new
operating systems. LakeT has been applied to conventional fossil-fueled power plants as well as
nuclear units to predict the thennal distributions
of lakes, rivers, and channels in the vicinity of
power stations. As detailed in the S&L 2008 Report, the program uses time-dependent historical
weather data from the closest climatic data source location and can be programmed with actual
2 Ameren Energy Generating Company v. IEPA, PCB 09-38, Petition at 25 (Dec. 15,2008).
6
operating data from the station or theoretical data to analyze "what-if's." There are two main
variables that can be adjusted to calibrate the model. These include "effective volume" and
"effective surface area." Both of these parameters can be automatically varied by the program in
relation to lake level. The effective volume is adjusted to match the circulation time between the
model and the station data. The circulation time is the time that a droplet
of water takes to travel
from the plant outlet through the lake and back to the plant inlet. The larger the effective
volume, the longer it takes for water to return to the station inlet. The effective surface area is
adjusted to match the temperatures. With higher surface area, more area is utilized for the heat
transfer between the lake and the environment.
The LakeT model proved that it was capable
of being successfully calibrated to the actual
measured lake temperatures as detailed in the
S&L 2008 Report. The model was calibrated first
with operation with the lake only (1995), and next with the Coffeen helper cooling system
installed
(2005), including the cooling basin and helper cooling towers. Deviations between
actual measured and predicted temperatures are minimal, considering that historical weather data
used in the calibration model is from Springfield, Illinois due to the fact that detailed weather
data is not recorded in Coffeen, Illinois.
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.
The investigation
by ASA Analysis & Communications, Inc. ("AS A") focused on three
primary recreational fish species in Coffeen Lake using an approach similar to the
U.S.
Environmental Protection Agency's Ecological Risk Assessment ("ERA") framework. Recent
316( a) assessments have shown that the decision criteria from the
USEP A Draft 316( a) Guidance
is congruent with this more recently developed guidance for evaluating the adversity
of effects
7
from a wide variety of ecological stressors. The ERA framework was developed with
considerable scientific and public input and represents the most current scientific and regulatory
view on approach for assessing ecological risks.
This approach used multiple lines
of evidence for both a retrospective assessment and a
prospective (or predictive) assessment
of the potential risks for increasing the site-specific
thermal standards in the months
of May and October. The investigation relied upon data
collected from Board-mandated studies intended to monitor the thermal effects on the lake's
aquatic community arising from the 5-year variance for May and
October standards granted in
1997. As such, these studies were an incremental step in compliance with
NPDES permit
conditions for the Station rather than a Section 316(a) demonstration. Nevertheless, elements
of
a Section 316(a) demonstration such as the Master Rationale can serve as an efficient summary
of the conclusions from the present investigation conducted on Coffeen Lake in order to facilitate
the decision making with regard to the requested thermal standard modifications.
The retrospective assessment utilizing data collected
by SIUC and IDNR since 1997
indicated no appreciable harm to the populations oflargemouth bass, channel catfish, or bluegill
caused by the ongoing thermal discharge from the Station. Operation
of the Station during
summer months has resulted in water temperatures that exceed the limits requested
by the
petition, yet viable populations
of these species have been maintained through natural
reproduction in the lake. These species continue to support a healthy, popular recreational
fishery. In fact, all three
RIS exhibit characteristics such as survival, growth, body condition,
popUlation size, and recruitment
of young that are comparable to or exceed those for populations
in other regional and national water bodies. Fish passage will not be impaired
by the marginal
increase in water temperatures during May and October; this was demonstrated by the free
8
Electronic Filing - Received, Clerk's Office, May 12, 2009
movement of sonic transmitter-tagged largemouth bass during warm summer months to areas in
the lake distant from the discharge area.
The viability
of these populations and their frequently demonstrated exemplary growth
and condition attest to the conclusion that Coffeen Lake's thermal regime is also suitable for
lower trophic levels that provide forage for these top consumers.
Studies conducted on Coffeen
Lake by the Illinois Natural History
Survey ("INHS") in 1 978-1 98 1 targeted the lower trophic
levels
of phytoplankton, zooplankton, and benthic macroinvertebrates. The existing site-specific
thermal standards, especially the summer limits which exceed the proposed May and
October
limits, were based on the findings of these early studies.
On rare occasions, such as in July 1999, abnormal meteorological conditions
(e.g.,
prolonged heat and humidity, reduced wind/waves, and overcast sky), coupled with unusually
warm water temperatures, have led to a limited fish kill
(e.g.,
approximately 200 or fewer fish
recovered). As in July 1999, similar fish kills can be experienced at other regional lakes,
including some not serving as cooling reservoirs for thermal power plants.
Since 1999, the
Station has adopted several measures to avoid thermal conditions similar to those that might have
led to the fish kills that were experienced earlier. These measures include installation
of a 70-
acre supplemental cooling basin, the use of Solar bees to mix water as it passes through the
cooling basin, and a 48-cell helper cooling tower structure in
2002, as well as intensive
monitoring
of water temperatures at several locations within the cooling loop including
discharge, the cooling basin, at the edge
of the mixing zone and intake.
Excessive growth
of nuisance species is not anticipated to result from the marginal
increase in water temperatures during May and
October under the proposed standards. There is
no unique or rare habitat under the influence
of the thermal plume in Coffeen Lake that could be
9
Electronic Filing - Received, Clerk's Office, May 12, 2009
hanned. With the exception of the bald eagle, there are no threatened or endangered species
residing in or depending upon Coffeen Lake. While the marginal increase in water temperatures
during May and
October would not be expected to affect the bald eagle, it likely benefits from
the increased fish production and ice-free lake surface resulting year-round from the thermal
plume.
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
Please see Attaclunent A for a site diagram indicating temperature monitoring locations in
Coffeen Lake.
b.
Please visually indicate the "Edge of the Mixing Zone,
"
as the label for "Edge of
Mixing Zone" is not pinpointed to a particular location on the diagram.
Please see Attaclunent A for a site diagram indicating the expected mixing zone boundaries
under anticipated lake elevations.
c.
Please describe and comment on any effect of the "Sewage Treatment Plant
Discharge
OOlD" on thermal standards in Coffeen Lake.
The design maximum discharge flow
of the Station package sewage treatment plant
(NPDES Permit ILOOOOI08, Outfall DOl) is 0.030MGD. Ameren estimates that the discharge
temperature would approximate that of the ambient temperature during wanner months, since
temperature is not routinely monitored for this discharge. During periods
of maximum flow, the
sewage treatment plant discharge represents about 0.005%
«0.030MGD/629MGD)
*
I 00) of the
total condenser cooling water discharge flume flow and therefore would have negligible,
if any,
impact on the thermal discharge.
10
d.
Please visually indicate, and specify the depth of, the deepest point in Lake
Coffeen, and indicate whether Ameren monitors at this point.
Please see Attachment A for a site diagram that indicates the deepest area of Coffeen Lake.
The greatest depth is believed to be approximately 58 feet, located near the dam in Segment
2.
Ameren does not monitor temperature at this depth.
3.
Exhibit
2
to the petition is a provisional variance issued by IEP A 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.
Ameren intends to continue using the solar-powered aeration pumps ("solar bees") in the
cooling basin
of Coffeen Lake to mix and cool the water. While the solar bees were not in use at the
time
S&L gathered data to produce the 2008 report, the solar bees have been an added measure
employed
by Ameren to enhance heat dissipation.
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.
In order to ensure compliance with the temperature limits set forth in its NPDES permit,
Ameren measures water temperature at a depth
of approximately 18 inches below surface at discrete
locations within the cooling loop.
Such locations however are not coincident with locations used by
SIUC in its analysis. No water temperature and dissolved oxygen profiles of the water column
within the lake have been measured since
2006.
11
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.
Ameren is not aware of any quantitative study of the abundance of submerged aquatic
vegetation
("SA V") in Coffeen Lake. However, dense mats can be observed in Coffeen Lake's
coves, shallow waters north
of the railroad crossing, and larger embayments such as the area
known as cemetery bay. IDNR periodically has used treatments to control coontail
(Cerataphyllum)
and creeping water primrose
(Ludwigia pep/aides).
Studies on the use of SA V by bluegills and largemouth bass have indicated that dense
vegetation (approximately
1,000 stems/m
2
or greater) afford bluegills the greatest protection
from predation
by largemouth bass. On the other hand, largemouth bass growth and standing
crop appear to optimal when
SA V cover is intermediate
(e.g.,
10-25 percent) due to a favorable
blend
of food availability and cover.
12
Dated:
~
12- ,2009
Amy Antoniolli
SCHIFF HARDIN, LLP
6600 Sears
Tower
233
South Wacker Drive
Chicago, Illinois
60606
312-258-5500
Fax: 312-258-2600
aantoniolli@schiffhardin.com
by:
Respectfully submitted,
AMEREN
ENERGY GENERATING
COMPANY,
One of Its Attorneys
13
Electronic Filing - Received, Clerk's Office, May 12, 2009
AFFIDAVIT OF MICHAEL SMALLWOOD
I, MICHAEL SMALLWOOD, having first been duly sworn, states as follows:
1.
I am employed by Ameren Services Company as a consulting engineer in
the Environmental Services Department, and as such have knowledge of the Ameren
Energy Generating Company Coffeen Power
Station wastewater discharges, and, in
particular, the sewage treatment plant flow.
2.
I have read the answers
to questions 2 (c) of the preceding Answers to
Hearing Officer Questions.
3.
The statements of facts contained therein are true and correct to the best of
my knowledge and belief.
FURTHER, AFFIANT
SA YETH NOT.
/~11(4!k-~
Michael Smallwood
Subscribed and sworn to before me this
I
LX c£., day of
----~--~~--------
~
2009.
or-'
~a~
NOTARY PUBLIC
Carol A. Head - NotalY Public
Not81Y Seal, State of
Missouri -
St. Charles County
Commission #06477170
My Commission Expires 1112012010
Electronic Filing - Received, Clerk's Office, May 12, 2009
AFFIDAVIT OF JEFFREY MALLORY
I, JEFFREY MALLORY, having first been duly sworn, state as follows:
1.
I am an employee of Sargent
&
Lundy, author of "Coffeen Units I and 2 Coffeen
Cooling System Thennal
Study," Report SL-009346, June 2008, attached to the Ameren Energy
Generating Company Petition for Modified Thennal Standard as Exhibit 15, and
as such have
knowledge
ofthe model and data used to prepare such document and the conclusions made
therein.
2.
I have read the answer to question 1 (d) ofthe preceding Answers to Hearing
Officer Questions.
3.
The statements of facts contained therein are true and correct to the best of my
knowledge and belief
.
FURTHER, AFFIANT
SA YETH NOT.
Jeffrey Mal
Subscribed and sworn to before me this
I!IA
day Of __
-",?/;.L-L~--=
::
=s.r-
____ '
2009.
-p,-LL.-~
NOTARY PUBLIC
CH217272392,1
Electronic Filing - Received, Clerk's Office, May 12, 2009
AFFIDAVIT OF .JAMES B. McLAREN, Ph.D.
I,
JAMES B. McLAREN, Ph.D.
, having first been duly sworn, state as follows:
1.
r am
an employee of ASA Analysis and Communication. Inc., author of
"Evaluation of Potential Adverse Impacts from Revised Site-Specific Thermal Standards in May
and October for Coffeen Lake," March 2008, attached to the Ameren Energy Generating
Company Petition for Modified Thermal Standard as Exhibit 11, and as such have knowledge of
the underlying data used to prepare such document and the conclusions made therein.
2.
J have read the answers to questions 1 (a), (b), (c), (e), and 5 of the preceding
Answers
to Hearing Officer Questions.
3.
The statements offacts contained therein are tmc and correct to the best of my
knowledge and belief.
FURTHER, AFFIANT
SA YETH
NOT.
Subsoil and swom to before me this
~
day
Of-,!f)'-'-L--~~'--
_____ '
2009.
()AUta..
mt
~-t~
NOT AR Y PUBLIC
ANNA M. PERA
Notary Public, Stato of Now York
Qualified
in Niagara County
My Commissioll Expires April 3, 2010
ATTACHMENT A
Revised Coffeen Site Diagram
Temperature
Monitoring Loca tions
Revis
ed
Legend
Temperature
''''''~i",
•
Locations
"
•
