BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of:

PROPOSED RULES ESTABLISIDNG

35

ILL. ADM. CODE SUBCHAPTERj, PART

840, AND SUBPART A,

SITE-SPECIFIC RULES PROVIDING FOR

THE CLOSURE OF ASH POND D AT THE

HUTSONVILLE POWER STATION.

)

)

)

)

)

)

)

)

)

R09-21

(Rulemaking - Land)

NOTICE OF FILING

To:

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James

R. Thompson Center

Suite 11-500

100 West Randolph

Chicago, Illinois 60601

Persons included on the

ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that we have today filed with the Office of the Clerk of the

Pollution Control Board the APPEARANCES OF RENEE CIPRIANO, KATHLEEN C.

BASSI, AND JOSHUA R. MORE on behalf of AMEREN ENERGY GENERATING

COMPANY; AMEREN'S PROPOSAL FOR SITE-SPECIVID REGULATION OF THE

CLOSURE OF ASH POND D AT THE HUTSONVILLE POWER STATION;

STATEMENT OF REASONS (with the proposed regulatory language attached);

TECHNICAL SUPPORT DOCUMENT, MOTION TO WAIVE SIGNATURE

REQUIREMENT; MOTION FOR EXPEDITED REVIEW; and AGENCY ANALYSIS

OF ECONOMIC AND BUDGETARY EFFECTS OF PROPOSED RULEMAKING.

-~;

Kathleen C. BasSI

Dated: May 19,2009

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

Renee Cipriano

Kathleen

C. Bassi

Joshua R. More

SCHIFF HARDIN,

LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5500

Fax: 312-258-5600

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of:

)

)

SITE-SPECIFIC RULE FOR THE

)

CLOSURE

OF ASH POND D AT THE

)

HUTSONVILLE POWER STATION:

)

PROPOSED NEW 35 ILL. ADM.

)

CODE PART 840

)

APPEARANCE

R09-21

(Rulemaking - Land)

I,

RENEE

CIPRIANO,

hereby file my appearance in this matter on behalf of AMEREN

ENERGY GENERATING COMPANY.

Respectfully submitted,

Renee pnano

Dated: May 19, 2009

Renee Cipriano

Kathleen

C. Bassi

Joshua R. More

SCHIFF HARDIN,

LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5720

fax: 312-258-5600

rcipriano@schiffhardin.com

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

In the Matter of:

)

)

SITE-SPECIFIC RULE FOR THE

)

CLOSURE

OF ASH POND D AT THE

HUTSONVILLE POWER STATION:

)

PROPOSED

NEW 35 ILL. ADM.

CODE PART 840

(Rulemaking - Land)

I,

KATHLEEN C. BASSI, hereby file my appearance in this matter on behalf of

AMEREN ENERGY GENERATING COMPANY.

Respectfully submitted,

Kathleen

C. Bassi

Dated: May 19, 2009

Renee Cipriano

Kathleen

C. Bassi

Joshua

R. More

SCHIFF HARDIN, LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, lllinois 60606

312-258-5567

fax: 312-258-5600

kbassi@schifthardin.com

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of:

)

)

SITE-SPECIFIC RULE FOR THE

)

CLOSURE OF ASH POND D AT THE

)

HUTSONVILLE POWER STATION:

)

PROPOSED NEW 35 ILL. ADM.

)

CODE PART 840

)

APPEARANCE

R09-21

(Rulemaking

- Land)

I, JOSHUA R. MORE, hereby file my appearance in this matter on behalf of AMEREN

ENERGY GENERATING COMPANY.

Respectfully submitted,

r

Joshua

R.

More

Dated: May 19, 2009

Renee Cipriano

Kathleen

C. Bassi

Joshua

R.

More

SCHIFF HARDIN,

LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5769

fax: 312-258-5600

jmore@schiffhardin.com

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In

the Matter of:

)

)

PROPOSED RULES ESTABLISHING

)

35

ILL. ADM. CODE SUBCHAPTERj, )

PART 840, AND SUBPARTS A AND B, )

SITE-SPECIFIC RULES PROVIDING

)

FOR THE CLOSURE OF ASH POND

)

D

AT THE HUTSONVILLE POWER

)

STATION.

)

R09-21

(Rulemaking - Land)

AMEREN'S PROPOSAL FOR SITE-SPECIFIC REGULATION OF

THE CLOSURE OF ASH POND D AT THE HUTSONVILLE POWER STATION

NOW COMES Proponent, AMEREN ENERGY GENERATING COMPANY

("Ameren"),

by and through its attorneys, SCHIFF HARDIN LLP, and pursuant to Sections 27

and 28

ofthe Enviromnental Protection Act ("Act"), 415 ILCS 5/27and 28, Section 8 of the

Groundwater Protection Act, 415 ILCS 55/8, and 35 lll.Adm.Code

§§ 102.208 and 102.210,

proposes that the Board amend its rules to add new Subchapter

j, Surface Impoundments; new

Part 840, Closure

of Surface Impoundments; new Subpart A, General Provisions; and new

Subpart B, Closure

of Ash Pond D, Hutsonville Power Station.

On August

8, 2008, Ameren petitioned the Board for an adjusted standard from the

provisions

of Parts 811,814, and 815 of its rules to appropriately accomplish the closure of Ash

Pond D at the Hutsonville Power Station.

Petition ofAmeren Energy Generating Company for

Adjusted Standards from

35

Ill.Adm. Code Parts

811, 814,

and

815

(Hutsonville Power Station),

AS 09-1. On September 16, 2008, the Board posed three questions to the Illinois Environmental

Protection Agency ("Agency") and Ameren:

(I)

what is the authority for applying the Board's

landfill regulations to Ash Pond D; (2) whether any

of Ameren's applicable permits address

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

requirements for closure of Ash Pond D; and (3) whether a site-specific rule would perhaps be a

more appropriate regulatory relief mechanism through which to define the closure requirements

applicable to Ash Pond D. Ameren responded

to the Board's Order on October 16, 2008,

concluding that the landfill regulations do not apply to Ash Pond D and Agency policy cannot

substitute for rules, that none

of Ameren'spermits provide for closure of Ash Pond D, and that

site-specific rules would be the more appropriate regulatory relief. The Board found that

Ameren "persuasively argued that Pond D accumulated waste for final disposal without

automatically becoming subject

to the landfill regulations" but that the petition for adjusted

standard more closely resembled land regulations for waste disposal. Order,

AS 09-1 (March 5,

2009). The Board, therefore, concluded that a "site-specific rule is the appropriate source of

regulatory relief under which to close Ameren's Pond D."

Id.

Ameren, today, proposes such a regulation and requests that the Board accept the

proposal for review and set hearing as soon

as possible. Through separate motions filed with this

initial submittal, Ameren also requests that the Board waive the requirement for 200 signatures

and that it grant expedited review

ofthis proposed rule.

In

addition to the proposed language,

this submittal includes a Statement

of Reasons summarizing the rule and discussing the

justification for the rule and its economic impact and a Technical Support Document providing

detailed technical discussions

of Ash Pond D, its impacts on groundwater, the extent of those

impacts, and how the proposed rule will resolve those impacts.

-2-

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

WHEREFORE, Ameren respectfully requests that the Board accept this proposed site-

specific rulemaking and adopt the proposed as expeditiously

as possible.

Respectfully submitted,

AMEREN ENERGY GENERATING

COMPANY

by:

Dated: May 19, 2009

Renee Cipriano

Kathleen C. Bassi

Joshua

R. More

SCHIFF HARDIN LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5500

fax: 312-258-5600

-3-

one of its attorneys

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

R09-21

(Rulemaking - Land)

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of:

)

)

SITE-SPECIFIC RULE FOR THE

)

CLOSURE OF ASH POND D AT THE

)

HUTSONVILLE POWER STATION:

)

PROPOSED NEW 35 ILL. ADM.

)

CODE PART 840

)

STATEMENT OF REASONS

Ameren Energy Generating Company ("Ameren" or "the Company"), by and through its

attorneys, SCHIFF HARDIN LLP, pursuant

to 35 IlI.Adm.Code §§ 102.208 and 102.210,1

Sections 27 and

28 of the Environmental Protection Act ("Act"), 415 ILCS 5/27 and 28, and

Section 8

ofthe Illinois Groundwater Protection Act, 415 ILCS 55/8, propose to add to the

Board'srules new Subchapter

j, Surface Impoundments, and new Part 840, Site-Specific Closure

of Surface Impoundments, consisting of Subpart A, the site-specific rules applicable to Ash Pond

D at Ameren'sHutsonville Power Station located in Crawford County, Illinois. In support

of its

proposal and pursuant to Section I02.202(b), Ameren states as follows:

I.

PURPOSE OF THE PROPOSED RULE

(Sections 102.202(b), 102.210(b) and 102.210(e»

The purpose of the proposed rule is to cover a gap in the Board'sexisting Waste Disposal

regulations and allow for the closure

of Ash Pond D, a surface impoundment which managed

coal combustion waste at Ameren'sHutsonville Power Station located in Crawford County,

Illinois. Existing regulations addressing waste, waste hauling, and landfills at Parts 700 through

849, nonconsecutive,

of the Board'srules do not sufficiently address the closure of surface

1 Subsequent references to the Board'srules will be by section number only.

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

impoundments, in particular, ash ponds used as water treatment facilities in connection with the

management

of coal combustion waste associated with coal-fired power plants. The operation of

ash ponds is regulated pursuant to the Board'sWater Pollution Control rules. However, upon

closure the ash ponds do not fit any

of the types of facilities covered by the Board'sregulations,

including the Waste Disposal rules

of Subtitle G. They are not landfills as defined in the Board's

solid waste regulations.

35 Ill. Adm. Code 810.1 03 (definitions of

landfill

and

surface

impoundment);

and

see In reo Conversion Systems, Inc.,

1993 WL 341270, at *1 and tn. 3, PCB

AS 93-4, (August 26,1993), ("the definition oflandfill in the Board'slandfill regulations

presently does not include the surface impoundments commonly used

by utilities for disposal").

They are unique and, therefore, a site-specific rule is needed. The technical feasibility or

economic reasonableness

of any existing rule is notat issue, except to the extent that existing

rules are not appropriate for the closure

of ash ponds at coal-fired power plants.

Because the proposed rule addresses the closure

of a surface impoundment containing

coal-combustion waste, the Board's authority to adopt the proposed rule most appropriately

arises under Section 22

ofthe Act and Section 8 of the Illinois Groundwater Protection Act. The

surface impoundment in question was not subject to the provisions

of Subtitle G of the Board's

rules during its operation.

See

35 Ill. Adm. Code 810.103 (definitions of

landfill

and

surface

impoundment).

However, the closure of the surface impoundment with the coal-combustion

waste in place most appropriately falls under the general provisions

of Section 22 ofthe Act.

Furthermore, because the proposed rule addresses groundwater quality requirements for the

groundwater impacted

by the surface impoundment, the Board'sauthority to adopt the proposed

rule also arises under Section 8

of the Illinois Groundwater Protection Act.

-2-

---

After consultation with the Agency, Ameren had proposed an adjusted standard to the

landfill regulations to provide for closure

of Ash Pond D at the Hutsonville Power Station.

Petition

ofAmeren Energy Generating Company for Adjusted Standards from

35

Ill. Adm. Code

811, 814,

and

815

(Hutsonville Power Station),

AS 09-1 (Mar.

5, 2009) ("Ameren Hutsonville

AS"), The Board, however, determined (and Ameren agrees) that a site-specific rule is the

appropriate mechanism under which Ameren should close Ash Pond D and directed Ameren

to

amend Subtitle G if it chose to proceed with a site-specific rulemaking.

Ameren Hutsonville AS,

AS 09-1, slip op. at

11 (Mar. 5, 2009). In reviewing the organization of the Board'srules, it

appears that there is no logical place for closure

of ash ponds at coal-fired power plants in the

current structure. For that reason, Ameren here proposes that the Board add new Subchapter j

to

Subtitle G specific to Surface Impoundments. Ameren also proposes that the Board create a new

Part 840, Site-Specific Closure

of Surface Impoundments, under Subchapter j.2

The addition of the proposed new Subchapter and new Part would close a gap currently

existing in the Board's Waste Disposal rules. The Board recognized the need for state-wide

regulations addressing the closure

of on-site ash ponds located at coal-fired electric generating

facilities when it promulgated the landfill regulations in 1990.

See Development, Operating and

Reporting Requirements

for Non-Hazardous Waste Landfills,

R88-7 (Aug. 17, 1990) ("Landfill

Regulations"). The electric generation industry sought clarification

of the applicability of the

Landfill Regulations

and sought to regulate ash ponds under the Landfill Regulations soon after

they were adopted.

Amendments to the Development, Operating and Reporting Requirements

for

Non-Hazardous Waste Landfills:

35

Ill. Adm. Code

811, R90-25 (Nov. 29, 1990). However,

regulating ash ponds at closure under the Landfill Regulations was found unworkable. As a

2 Ameren recognizes that the Board must obtain the number

of the new Part from the

Secretary of State who may determine that 840 is not the appropriate number for the new Part.

-3-

---

result, no provision for closure of ash ponds was ever adopted under the Landfill Regulations or

any other Illinois regulation. Furthennore, there is no existing site-specific rule or even evidence

that Ameren could find

of a past proposal for site-specific rulemaking for the closure of an ash

pond.

As Ameren's ash ponds are reaching capacity, the need for regulatory certainty has

become essential. In addition

to Hutsonville, and over the course of the next five to seven years,

the Company anticipates that a number

of ash ponds at its facilities could reach the end oftheir

operating lives and cease

to be regulated by the Board'sWater Pollution Control requirements,

thereby triggering closure obligations.

The proposed rule is required

by necessity - there are no regulations governing the

closure

of ash ponds.

It

is not a requirement of any federal law and would not be inconsistent

with any federal law or requirement. The closure

of Ash Pond D does not trigger federal or

federally delegated regulatory programs as applied

to this site. Furthennore, ash and slag by-

products from the combustion

of coal by electric generating stations are not subject to regulation

as hazardous waste under Subtitle C

ofRCRA or other federal standards and fall within the

hazardous waste exemption set forth in RCRA Section 2001(b)(3)(c).

65 Fed.Reg. 32214

(May 22,2000).3

No federal laws currently exist, and it will

be sometime (if ever) before any new federal

laws become applicable. Accordingly, the Board may adopt Ameren'sproposal consistent with

federal law.

3 The United States Environmental Protection Agency is currently in the process

of

soliciting input on whether the current regulatory approach is appropriate.

-4-

---

II.

TECHNICAL SUPPORT DOCUMENT

(Sections l02.210(b), (c), and (d»

Over the last decade, Ameren has explored with the Agency a variety of regulatory

approaches to address the proper closure

of Ash Pond D. Those efforts culminated in filing a

petition for adjusted standards from various landfill requirements with the Board.

Ameren

Hutsonville AS,

AS 09-1 (Mar. 5, 2009). In preparation for that filing, Ameren analyzed

groundwater data, performed groundwater modeling, and compared the effectiveness

of several

closure alternatives.

In

filing this proposal for site-specific rule, Ameren revisited and redrafted

many

of the underlying technical documents and reports prepared in support of the adjusted

standard proceeding with the revised objective

of meeting the requirements for a rulemaking

proposal specific

to the closure of Ash Pond D. As a result, Ameren has gathered the documents

into a Technical Support Document ("TSD") for this rulemaking proposal.

In

addition to site

maps, the TSD includes the following documents:

•

Ash Pond D Closure Alternatives Report - This report, located at Chapter 5, pages 9

through 174

of the TSD, identifies various groundwater management and final cover

alternatives. The report then evaluates the alternatives based on factors such as technical

feasibility and economic reasonableness and their effectiveness in preventing off-site

groundwater impacts and minimizing infiltration

of the final cover system.

•

Hydrogeologic Assessment - This assessment, Chapter 6, pages 175 through 330

of the

TSD, evaluates soil, leachate and groundwater samples to characterize the geology,

groundwater flow, and groundwater quality at the site and detennine the source

of

elevated parameters of concern found on site.

•

Ash Pond D Closure Human Health and Ecological Risk Assessment

eRA) - This

document, Chapter 7, pages

331 through 492 ofthe TSD, evaluates the risks of the

-5-

---

selected closure option to human health and the environment under current and

reasonably foreseeable future conditions and land uses. The assessment concludes that

the closure plan and associated activities will

be protective ofhuman health and the

environment.

•

Groundwater Modeling Technical Memorandum - This document, Chapter 8, pages 493

through 536

of the TSD, describes the modeling used to determine the extent of off-site

migration

ofboron above Class I groundwater quality standards. Boron was chosen

because

it

is an indicator parameter for coal ash leachate and it is very mobile. The

results

of this modeling form the basis for establishing the boundaries of Zone B, an area

of impacted groundwater resulting from the historic operations of Ash Pond D. The

modeling also demonstrates the effectiveness

of the selected closure activities for Ash

Pond D in reducing concentrations

ofboron in groundwater as well as boron loading to

the Wabash River.

•

Groundwater Use Restriction

- This executed letter between Ameren and the adjacent

landowner establishes a groundwater use restriction that is immediately effective and will

be applicable to future owners of the designated property. The letter is included at

Chapter

9, pages 537 through 540 of the TSD.

•

Hutsonville Ash Pond D Monitoring Program - This document, Chapter 10, pages

541

through 605 of the TSD, provides an example of the monitoring program Ameren intends

to submit

as part of the site closure plan.

•

Storet Data - This document, Chapter 11, pages 606 through 608, provides a summary

of

the STORET data for the "Wabash River at Hutsonville."

-6-

---

•

Mixing Calculation - This document, Chapter 12, pages 609 through 610, provides a

summary

of the mixing calculations performed to determine whether or not discharge

from the proposed groundwater collection trench would cause boron

to exceed the

Facility's NPDES effluent limit

of 10 mg/L.

III.

THE SITE AND THE AREA AFFECTED BY THE PROPOSED RULE

(Sections l02.202(b) and l02.210(d»

The Hutsonville Power Station ("Hutsonville" or the "Station") is located on

approximately 205 acres in Crawford County near the town

ofHutsonville on the Wabash River.

The Wabash River forms the eastern border

of the Hutsonville Power Station site, while

farmland comprises the southern and western borders. The northern border is undeveloped,

wooded land. The closest residence is approximately one-half mile from the Hutsonville Station.

See

TSD, Ch. I, p. 2; Ch. 7, pp. 345,481-492. Ameren is unaware of any Crawford County

zoning restrictions that affect the Hutsonville Station or that preclude implementation ofthis

proposed rule. The Hutsonville Station is the only source affected

by this proposal.

The Station was built in the 1940s, and for nearly 70 years, Arneren or its corporate

predecessor has generated electricity at Hutsonville. Hutsonville contains a coal-fired electric

generating plant and a wastewater disposal system for management

of coal-combustion wastes,

including fly ash. Principal electric generating equipment at Hutsonville includes two coal-fired

boilers for stearn production and stearn-driven turbine generators. The Station draws water from

the Wabash River through a circulating water system that is used in the boiler and turbine

equipment systems. Pursuant to the terms

of a Water Pollution Control permit (2005-EO-3689)

Ameren operates a surface impoundment system consisting

of four ponds: bottom ash, fly ash

(Ash Pond A), drainage collection (Ash Pond

C) and final (Ash Pond B). All of these

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

impoundments (with the exception ofthe bottom ash pond) are lined. Ash, a by-product of coal

combustion, is removed from the boilers and sluiced

to the impoundment system via pipelines.

Solids settle in

Ash Pond A, and sluice water decants from pond to pond before discharging to

the Wabash River through an NPDES-permitted outfall in Ash Pond B (NPDES Permit No.

IL0004l20). The surface impoundment system accepts coal combustion waste

(i.e.,

fly ash and

bottom ash), low-volume waste,4 and sanitary wastewater that enter the impoundment system

after treatment in a package sewage treatment plant.

5

Fifty-eight employees work at the Station,

which is staffed 24 hours per day, seven days per week.

The subject

of this proposal, Ash Pond D, functioned as the Station'sprimary ash pond

from 1968 until it was removed from service in 2000. Ash Pond D is located in the center

of the

south half

of Section 17, Township 8 North, Range 11 West, Crawford County, Illinois, on the

west bank

of the Wabash River.

It

is as close as 100 feet to the river and covers an area of

approximately 22 acres. Ash Pond D'sberms were constructed from indigenous earthen

materials and the impoundment is unlined.

In 2000, Ameren excavated coal ash from a former

laydown area adjacent to Ash Ponds A and D and constructed two lined ponds, Ash Ponds

Band

C, to supplement ash management capabilities and to improve surface water management at the

Station. Upon completion

of Ash Ponds B and C, Ash Pond D was removed from service and

allowed

to dewater.

6

4 At Hutsonville Power Station, low-volume waste is made up of demineralizers and

boiler blow-down (phosphates).

5 The USEPA issued a regulatory determination on May 22,2000 (65 Fed. Reg. 32214),

exempting coal ash co-disposed with remaining (i.e., low-volume) wastes from RCRA Subtitle C

regulation.

6 Pond D is no longer covered by Water Pollution Control Permit 2005-EO-3689.

-8-

---

Ameren estimates that during its 30 years of active operation, Ash Pond D accumulated

approximately 750,000 cubic yards

of ash and approximately one-third ofthis volume (280,000

cubic yards) lies below the water table. TSD

Ch. 5, p. 16,75; Ch. 6, pp. 194-196, 199,215;; Ch.

8, p. 517. The Agency approved the addition of approximately 200,000 cubic yards of ash to

Ash Pond D after it was taken out

of service to enable the establishment of an acceptable final

grade.

The TSD contains a detailed discussion and description

of the site geology. TSD Ch. 6,

pp. 193-200. Site geology consists offour hydrostratigraphic units: (1) unlithified sand

overlying lithified Pennsylvanian-age sandstone, present in upland areas, with a combined

thickness that is typically between

15 and 35 feet; (2) unlithified fine-grained alluvial sediments

within the Wabash River bedrock valley that are approximately 20 feet thick; (3) coarse-grained

alluvial sediments within the Wabash River bedrock valley that are as much

as 70 or more feet

thick; and (4) Pennsylvanian-age shale that underlies the sandstone in the upland areas and the

coarse-grained alluvium in the bedrock valley. The western portion

of Ash Pond D overlies the

upland sand. The eastern portion

of Ash Pond D overlies the fine-grained alluvium in the

Wabash River Valley. The upland sand and underlying sandstone beneath the western portion

of

Ash Pond D and thin sand lenses within the fine-grained alluvium that lies under the eastern

portion

of Ash Pond D are collectively referred to as the "upper migration zone." The coarse-

grained alluvial deposits at depth in the Wabash River bedrock valley are referred to

as the "deep

alluvial aquifer." Included in TSD, Chapters 5 and 6 and are cross-section diagrams that

illustrate the stratigraphic relationships

of these formations.

See

pp. 32, 215.

The fine-grained alluvial deposits overlying the deep alluvial aquifer occur over

an

elevation range that overlaps the upland shale

(see

TSD, Ch. 5, pp. 16-17,32), combining to

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

form a confining layer that restricts vertical migration of groundwater between the upper

migration zone and deep alluvial aquifer. As a result, the uppermost aquifer at the Hutsonville

site is the upper migration zone. The efficacy

of the confining layer is supported by the

concentration data because,

as explained below, the only ash leachate impacts observed in the

deep alluvial aquifer are highly localized and at concentrations lower than Class I standards and

much lower than in the upper migration zone, despite the fact that Ash Pond D was first placed

in service more than 40 years ago.

Groundwater flow direction in both the upper migration zone and the deep alluvial

aquifer is eastward, toward the Wabash River. Maps depicting groundwater flow in these units

over four consecutive quarterly measurements are provided in the TSD, Chapters 5 and

6, pages

16-17,33-48, 197-199. The upper migration zone is not used for water supply at or

downgradient

of Ash Pond D, because this zone is not sufficiently productive for power plant

operational uses, agricultural irrigation purposes, or domestic uses.

7

Only the deep alluvial

aquifer at depth in the Wabash River bedrock valley has sufficient thickness and hydraulic

conductivity downgradient

of Ash Pond D to yield adequate groundwater supplies for domestic

uses or power plant and agricultural irrigation purposes.

Since 1984, Arneren has. monitored groundwater quality at Hutsonville through a

monitoring well network.

See

TSD Chapter 2 page. 4 and Chapter 5 pages 17 and 59 for a

detailed description

of the monitoring well network. Groundwater impairments associated with

Ash Pond D are generally localized

to the area adjacent to and south ofthe pond. Groundwater

within the upper migration zone immediately downgradient and adjacent to Ash Pond D,

7

Shallow sandstone provides limited groundwater yield adequate for domestic uses in

other parts

of the county, but there are no such wells at or downgradient of Ahs Pond D, and

deep formations are saline

(see

the ISWS State Aquifer Map, TSD, Ch. 4, p. 8).

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

described in the TSD in Chapter 5 at pages 17-18, 49, and 60-72, shows evidence of ash leachate

impacts.

In

particular, boron and sulfate concentrations exceed the Class I groundwater quality

standards.

35 Ill.Adm.Code § 620.410. Monitoring well data from the upper migration zone

along the southern property line (Monitoring Wells ("MW") 11, 6) suggest the potential for off-

site migration. Accordingly, Ameren investigated the extent

of any offsite groundwater plume

by obtaining direct-push (Geoprobe) samples downgradient ofAsh Pond D in the actively

farmed agricultural field immediately south

of the property line.

See

TSD, Ch. 2, p. 4; Ch. 6, pp.

231, 236. As a result

of these activities, Ameren is able to characterize and delineate hydraulic

properties, groundwater flow, and the extent

of groundwater impacts associated with Ash Pond

D.

See

TSD, Ch.

5, pp. 16-18, Ch. 6, pp. 193-211, Ch. 8, pp. 505, 530.

To determine the extent

of off-site migration, Ameren obtained direct-push (Geoprobe)

samples approximately 1,300 feet south

of its property boundary.

8

These sampling results

reflected compliance with Class I groundwater quality standards. Nevertheless, Ameren used a

calibrated groundwater flow and transport model, in conjunction with information gained from

some temporary push wells, to predict the extent

of the impact to groundwater on the

neighboring property. The model was calibrated to compare existing "in service" boron

concentration and distribution levels to changes in such concentrations variables resulting from

removing the impoundment from service under a variety

of capping scenarios ranging from no

cap, native soil, compacted clay, and synthetic cover. Three model codes were used to simulate

groundwater flow and contaminant transport: (1) post closure leachate percolation using the

model developed

by the U.S. Environmental Protection Agency ("USEPA"), the Hydrologic

Evaluation

of Landfill Performance (HELP) model; a three-dimensional groundwater flow

8 The area is actively farmed and more invasive sampling would have been disruptive to

such farming activities.

-11-

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MODFLOW analysis (developed by the U.S. Geological Survey); and (3) contaminant transport

calculations via the MT3DMS model. The modeling results indicate that the off-site impacts in

the upper migration zone extend a distance

of approximately 500 feet from the southern property

line downgradient

of Ash Pond D.

See

TSD, Ch. 8, p. 505, 530.

The proposed rule requires Ameren to cover Ash Pond D with a geosyothetic membrane

and install a groundwater collection trench along the southern boundary

of the property. By

covering Ash Pond D with a geosyothetic membrane, the impounded ash will no longer be

subject to precipitation and surface water infiltration.

By installing a groundwater collection

trench along the Station'ssouthern boundary, groundwater flow emanating from Ash Pond D

will

be intercepted, thereby allowing impacted groundwater underlying the adjacent off-site

property

to attenuate. Impacted groundwater collected in the trench will be routed to Ash Pond

B where it will mix with sluice waters before eventual discharge

to the Wabash River. The

concentration levels

of such discharge are expected to be below current NPDES limits. TSD,

Ch.

12. As set forth more fully in the TSD, the groundwater model indicates that the past

dewatering together with the future geosyothetic membrane cap and groundwater collection

trench will result in a dramatic improvement

of groundwater quality south of Ash Pond D; the

upper migration zone groundwater at the southern property boundary is expected

to come into

compliance with Class I groundwater quality standards within approximately 7-12 years.

See

TSD, Ch. 8 pp. 505-506. In addition, the adjacent landowner has agreed to use restrictions with

respect to impaired groundwater underlying the northern-most edge

ofher property. TSD Ch. 9,

pp. 538-540.

As discussed in the TSD, groundwater in the deep alluvial aquifer

of the Wabash River

valley meets Class I groundwater quality standards and has been only minimally impacted

by

-12-

---

Ash Pond D.

See

TSD, Ch. 5, pp. 17-181; Ch. 6, pp. 201-207, 236. Sampling from one

monitoring well,

MW 14, immediately southeast of Ash Pond D reflects levels of boron and

sulfate above background concentrations.

See

TSD, Ch. 5, pp. 17-18,51-52,68-72; Ch. 6, p.

236; Ch.

7, pp. 426-428. Even so, the relatively elevated concentrations ofboron and sulfate

near

MW 14 in the deep alluvial aquifer comply with Class

I

groundwater standards. The

elevated concentrations

of manganese in MW 14 are consistent throughout the deep alluvial

aquifer and are attributable to natural geochemical conditions, not to Ash Pond

D.

See

TSD,Ch.

7., pp. 426-428.

Because groundwater flows towards the Wabash River, Ameren determined potential

impacts

of groundwater discharge to the Wabash River.

It

did so by two different methods,

described in Appendix E

of Chapter 7 of the TSD, Chapter 8 of the TSD and Chapter I I of the

TSD, and concluded that it is unlikely that Ash Pond D adversely impacts river water quality.

As discussed in Appendix E

of Chapter 7 ofthe TSD and Chapter 8 of the TSD, the daily loading

rate for boron while the pond was in use, conservatively considering river water concentrations

under the worst case (low flow conditions), were insufficient to significantly increase the boron

concentration in the river. With dewatering

of Ash Pond D, the daily loading rate for boron was

decreased

by approximately 85%. Moreover, USEPA's STORET database for the closest

downstream monitoring station, one mile south

of Ash Pond D, indicates boron concentrations

lower than the median concentrations in the upper migration zone upgradient

of Ash Pond D.

See

TSD, Ch. II.

Groundwater usage near the Station is limited. As set forth in Appendix H of Chapter 7

of the TSD, a search of the Illinois State Geological Survey IL WATER database identified six

wells within one-halfmile

of Ash Pond D. Two of these wells are the plant production wells,

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and the other four are irrigation wells utilized by adjacent property owners.

See

TSD, Ch. 7, pp.

482-484. All six

of these closer-in wells pump from the deep alluvial aquifer, which, as

discussed above, complies with Class I Groundwater Quality standards. Accordingly, Ash Pond

D does not pose a risk to downgradient irrigation

or production wells.

The City

of Hutsonville's public water supply wells draw groundwater from the deep

alluvial aquifer approximately one mile south

ofAsh Pond D. Considering the relatively large

distance to the City'swells, the observed easterly groundwater flow direction in the deep alluvial

aquifer at the site, and the fact that only one monitoring well (located at the edge

of Ash Pond D)

in this aquifer has experienced nominal ash leachate impacts, the City wells are not likely to ever

be impacted by leachate from Ash Pond D. The 2009 Consumer Confidence Report confirms

that the City'swater supply does not exceed any minimum contaminant levels (MCLs) for

drinking water. TSD Ch.

7, pp. 398-404.

There are no potable wells drawing groundwater from the upper migration zone

downgradient or sidegradient

of Ash Pond D. The Station'snearest residential neighbor to the

south, who owns the field above a portion

of the impacted groundwater, is connected to the City

of Hutsonville'spublic water supply system.

Thus, Ameren's proposal is enviroumentally justified. Separate and apart from this

proposed rulemaking, Ameren is establishing appropriate groundwater use restrictions for the

site, and the adjacent property owner has agreed to certain use restrictions for the portion

of the

property that has been impacted

by Ash Pond D.

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IV.

AVAILABLE TREATMENT OR CONTROL OPTIONS

(Section l02.210(d))

Ameren has investigated a variety oftreatment or control options to close Ash Pond D in

a

way that protects human health and the environment. As discussed above, Ash Pond D was not

constructed

as a landfill and is not a landfill upon closure. Therefore, compliance with current

landfill engineering and design standards is inappropriate. Furthermore, it would

be impossible

to comply with current landfill engineering and design standards without removing the entire

volume

of ash and disposing of the ash off-site or reconstructing Ash Pond D in accordance with

landfill regulations and replacing the ash. Both options are infeasible due to the exorbitant costs.

Accordingly, the proposed rule provides for the existing ash to remain in place, yet borrows

methods for measurement and performance criteria from the landfill regulations where

appropriate.

The viable closure options Ameren considered included various capping alternatives to

minimize infiltration

of surface water into the impoundment coupled with a groundwater

collection trench to reduce elevated concentrations

of constituents from Ash Pond D and

eliminate any off-site impacts.

See

TSD, Ch. 5.

Ameren selected a geosynthetic membrane cap and final cover system that meets the

performance requirements

of the general landfill regulations (35 m.Adm.Code § 811.314) along

with a groundwater collection trench. The combination

of the geosynthetic membrane cap and

groundwater collection trench is expected to allow the upper migration zone groundwater

at the

southern property boundary to come into compliance with Class I groundwater quality standards

within approximately 7-12 years.

As discussed

in Chapter 5 ofthe TSD, this closure option is both technically feasible and

economically reasonable. The geosynthetic membrane cover was chosen because the cost is

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

consistent with other low-permeability layers, it is more effective at minimizing infiltration than

many

of the other options, and its use is consistent with existing Board requirements. The

membrane and vegetative cover will minimize any infiltration

of water due to precipitation and

will route surface water from the site to the Wabash River.

The groundwater collection trench

will contain a perforated horizontal pipe surrounded

by gravel bedding and will be located along

the south property boundary. This groundwater management option was chosen because it is

capable

ofpreventing off-site migration of impacted groundwater in the upper migration zone,

the cost is reasonable, and

it is more effective than the other groundwater management options

considered.

A.

Ash Removal and On- v. Off-Site Disposal

As part

of its screening of viable alternatives, Ameren considered several strategies of ash

removal: (1) the injection

of reagent material within the impounded ash to stabilize the material;

(2) ash removal with off-site disposal; (3) ash removal, impoundment reconstruction, and the

replacement

ofthe ash in Ash Pond D; and (4) ash removal with on-site disposal. Ameren

considered none

of these alternatives to be economically feasible or technologically reasonable

and, therefore, such alternatives were not considered beyond a preliminary screening phase.

1.

Ash Stabilization

As discussed in Chapter 5

of the TSD, ash stabilization is costly, and there is uncertainty

as to its technical feasibility.

See

TSD, Ch. 5, pp. 22-23. Ash stabilization is a technology

designed to micro-encapsulate the ash in a cement-like matrix to minimize the rate

of

groundwater infiltration and leaching of ash constituents to groundwater. Once the ash is

stabilized, groundwater flows around, rather than through the ash. However,

thereis a high

degree

of uncertainty as to the effectiveness of the technology.

It

is very hard to maintain the

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

continuity and integrity of the cement-like matrix. The costs associated with ash stabilization are

estimated at approximately $20 million (2005 dollars).

See

TSD, Ch. 5, p. 73. Therefore, this

alternative was not considered because

of the technical uncertainties and high cost compared to

other groundwater management alternatives.

2.

Ash

Removal with Off-Site Disposal

As discussed in Chapter 5 of the TSD, ash removal with off-site disposal is costly, and

there is uncertainty as to its technical feasibility.

See

TSD, Ch. 5, pp.23-24. The effectiveness of

this alternative is controlled largely by the ability to remove saturated ash from below the water

table.

In

addition, the costs associated with the excavation, removal, and transport of nearly a

million tons

of saturated ash from Ash Pond D to another location are exorbitant. The cost of

excavation and off-site disposal is estimated at approximately $34 million (2005 dollars).

See

TSD, Ch. 5, p. 73. Therefore, this alternative was not considered because of the technical

uncertainties and the high cost compared to other groundwater management alternatives.

3.

Ash Removal, Impoundment Reconstruction, and Disposal

in

PondD

As discussed in Chapter 5 of the TSD, reconstruction of Ash Pond D to include a low-

permeability liner is costly and would not likely be feasible.

See

TSD, Ch. 5, p. 24.

Reconstruction would require extensive excavation and relocation

of all ash currently contained

in the pond. Because

of the lack of space to temporarily store the ash on-site, all of the ash

would have to

be either temporarily stored off-site or disposed of off-site. As discussed above,

the cost

of excavation and off-site disposal is approximately $34 million (2005 dollars).

See

TSD, Ch. 5, p. 73. Because this alternative has the same feasibility issues as removal and off-site

disposal, detailed costs associated with this option were not evaluated, and this alternative was

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not considered due to technical uncertainties and the high cost compared to other groundwater

management alternatives.

4.

Ash Removal and On-Site Disposal

In

addition to the extraordinary costs associated with removal and on-site disposal, the

on-site disposal alternative poses significant technical feasibility challenges because there is

insufficient land on-site to construct dewatering and storage facilities large enough to handle the

ash. Use

oflined Ash Pond A is not feasible because it would completely fill that pond,

rendering the Station inoperable. Therefore, this alternative was not considered because

of

operational impacts, technical uncertainties, and the high cost compared to other groundwater

management alternatives.

Whether considering on-site redeposition after reconstruction

of the pond or off-site

disposal, removal

of approximately 950,000 cubic yards of ash from Ash Pond D creates

significant logistical hurdles and costs. The saturated ash alone would require unconventional

excavation techniques, such as dredging or mechanical sluicing

(i.e.,

mudcat auger excavation).

The physical configuration

of the site and the narrow access around Ash Pond D significantly

limit implementation

of these unconventional excavation techniques. Therefore, such techniques

would

be ineffective in removing the ash.

In

addition, ash removal is not an economically

reasonable option for Ameren. The costs to excavate 950,000 cubic yards

of ash from ash from

Pond D alone would

be tens ofmillions of dollars, and when the costs oftransportation and

storage/disposal are factored in, ash removal is not economically reasonable.

For these reasons, ash removal does not present a viable alternative to the closure

of Ash

Pond D.

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

B.

Groundwater Management Alternatives

As noted in the AECOM risk assessment, TSD Chapter 7, groundwater migration from

Ash Pond D does not pose a risk to human health and the environment. Impacted groundwater is

localized, and the impacted water is not and will not

be utilized for potable water. Accordingly,

treatment

of groundwater is not necessary. Furthermore, there is no cost effective treatment for

boron, the primary constituent

of concern at the site.

See e.g.,

In the Matter of City of Galva Site

Specific Water Quality Standard For Boron Discharges to Edwards River and Mud Creek, R09-

11, (PCB 2/5/2209), summarizing the available treatment options and their upfront costs.

Therefore, Ameren considered two groundwater management approaches:

(1) installation of a

groundwater collection trench and (2) construction

of a low-permeability barrier wall.

1.

Groundwater Collection Trench

As discussed in Chapter 5 ofthe TSD, Ameren has found that a perimeter collection

trench along the southern property boundary is the most feasible control option to minimize the

migration

of contaminants offsite.

See

TSD, Ch. 5, p.21. Such a trench is typically constructed

by excavating downgradient of a contamination source and installing a drainage pipe surrounded

by permeable granular soil backfill. Water within the trench would be collected and directed into

the Station's existing water treatment impoundment system. Ameren analyzed the construction

of a trench system along the Station's southern property boundary to mitigate off-site migration

to the neighboring property to the south and performed groundwater transport modeling to

evaluate its impact on groundwater quality. TSD Ch. 8.

Installation of a collection trench along the southern property boundary will isolate

groundwater within Ash Pond D and preclude continued offsite migration. Impacted

groundwater collected in the perimeter trench will be routed to Ash Pond B where it will mix

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

with sluice waters before eventual discharge into the Wabash River. The concentration levels of

such discharge are expected to be well below current NPDES limits. TSD, Ch. 12.

Ameren has determined that the groundwater collection trench is an economically viable

and environmentally justified option because

it would mitigate the offsite migration of

contaminants without any negative impact to the Wabash River.

2.

Slurry Wall

As discussed in Chapter 5 of the TSD, Ameren examined the alternative of constructing a

low-permeability barrier wall around Ash Pond D to prevent lateral migration

of ash leachate.

See

TSD, Ch. 5, p. 22. Construction of a vertical barrier or "slurry wall" is dependent upon

keying into a geologic formation with low hydraulic conductivity, such

as shale bedrock or clay,

that would prevent vertical migration

of contaminants. As the Board noted in the promulgation

of the Landfill Regulations, "[t]he slurry wall must extend into the lower confining layer to a

depth necessary to maintain a continuous hydraulic barrier and prevent seepage."

Development,

Operating, and Reporting Requirements for Non-Hazardous Waste Landfills,

R88-7, STS

Response to Comments on Proposed Parts 807 Through 815, at 37 (Mar.

1, 1990). The

sandstone bedrock beneath the western portion

of Ash Pond D does not provide a sufficient key-

in layer for an impermeable barrier wall. Without a low permeability formation in which

to key

the barrier wall, proper containment cannot

be achieved.

See

TSD, Ch. 5, p. 22. This alternative

is, therefore, technically infeasible.

C.

Final

Cover System

Ameren has determined that the geosynthetic membrane cover is an economically viable

and environmentally justified option because it would mitigate the infiltration

of surface water.

In selecting the appropriate manner to cap Ash Pond D, Ameren evaluated a number

ofmaterials

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ranging from a synthetic geomembrane product, compacted clay, layered earth, and a pozzolonic

mix. These technologies and strategies are discussed in detail in the Chapter 5

of the TSD at

pages 24-25 and 73-74. While the underlying variables and estimating contingencies varied

among the particular options, preliminary estimates

of construction capital costs ranged from

$2.6 to $3.4 million dollars. Ameren selected the geomembrane product

as it is a known and

certain technology that is readily available and meets the performance criteria set forth in the

Landfill Regulations.

V.

ECONOMIC IMPACT

(Section l02.202(b»

In total, Ameren estimates that the capital costs associated with the selected closure

scenario could range from

$3 to $4 million dollars, excluding engineering design.

See

TSD, Ch.

5, pp. 73-74. Annual operating and maintenance costs associated with the trench and final cover

system are expected to

be around $50,000.

See

TSD, Ch. 5, pp. 73-74. Therefore, the selected

closure scenario is economically viable to Ameren.

VI.

ENVIRONMENTAL IMPACT

OF PROPOSED

RULE

(Section l02.210(d»

Ameren has also assessed the environmental impact of the selected geosynthetic

membrane and groundwater collection trench for the closure

of Ash Pond D, finding them to be

protective

ofhuman health and the environment. Ameren hired consultant AECOM, Inc. to

perform a human health and ecological risk assessment. The report, presented at Chapter 7 of

the TSD, assesses the impacts of the closure plan, given the current and reasonably foreseeable

future conditions and land use. The assessment analyzes the current groundwater uses in the

vicinity

of Ash Pond D based on the fact that the upper migration zone is not used for potable or

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

irrigation water supplies at or downgradient of the Station and that only wells in the deep alluvial

aquifer are used for potable water supply and irrigation purposes.

The risk assessment concludes

that the closure plan and associated activities do not pose a threat to human health or the

environment under current and reasonably foreseeable future conditions and land use. TSD, Ch.

7, p. 371.

As an added measure, Ameren and the adjacent landowner have entered into an

agreement restricting

the neighbor's groundwater use within the first 25 vertical feet of the water

table and extending 500 feet south of the Hutsonville Station property boundary. TSD Ch. 9.

The agreement provides that if required by either the Agency or the Board, Ameren may record

the agreement

with the chain of title.

VII.

SYNOPSlS OF TESTIMONY

(Section 102.202(c»

Ameren will provide testimony in support of the facts and analyses described in this

Statement of Reasons and in the Technical Support Document in support of its proposal.

Michael Bollinger, Principal Environmental Scientist for Ameren Services Company,

will provide testimony regarding the surface impoundment system, Station operations, NPDES

permit requirements, Ameren's efforts to evaluate regulatory solutions, suitable closure design

options and associated costs, the closure alternative ultimately selected

by the Company, the

regulatory proposal itselfincluding the Company's groundwater monitoring plan, and why

existing rules do not appropriately cover the closure of Ash Pond D.

Bruce Hensel, Principal Hydrogeologist with Natural Resource Technology, Inc., will

provide testimony regarding the hydrogeologic studies and groundwater modeling analysis.

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Lisa Bradley, Senior Toxicologist and Regional Program Manager with ABCOM, will

provide testimony regarding the human health and ecological risk assessment performed to

evaluate whether the closure activities are protective ofhuman health and the environment.

VIII. MATERIALS INCORPORATED BY REFERENCE

(Sections 102.202(d), 102.202(e), and 102.210(e))

The proposed rulemaking does not incorporate any materials by reference. All materials

relied upon, including any published study or research report, have been provided as part

ofthe

Technical Support Document or Ameren has provided web addresses for such materials. Where

Ameren has provided only web addresses, it will provide hard copies upon request.

IX.

CERTIFICATION OF AMENDMENT OF MOST RECENT VERSION OF

BOARD'S RULES

(Section 102.202(h))

As Ameren proposes a new Subchapter and a new Part, none of the Board's existing rules

are proposed for amendment. Therefore, the certification required by Section I02.202(h) is not

appropriate for this proposal and has not been included.

X.

PROPOSED RULE

(Sections 102.202(a) and 102.210(a))

The proposed rule would not replace the applicability of a general rule to Ash Pond D.

As indicated above, there is a gap in the Board'sWaste Disposal rules that this site-specific rule

proposes to fill as to

Ash Pond D.

Following is a section-by-section summary and explanation

of the proposed rule.

Attached as Attachment A to this Statement of Reasons is the proposal language of the rule.

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Authority

Ameren proposes this rule pursuant to the authority granted the Board in Section 22 of

the Illinois Environmental Protection Act and Section 8 of the Illinois Groundwater Protection

Act. Because the proposed rule addresses the closure

of a surface impoundment containing coal-

combustion waste, the Board's authority to adopt the proposed rule most appropriately arises

under Section 22

of the Act. While the surface impoundment in question was not subject to the

provision

of Subtitle G of the Board'srules during its operation, the closure of the surface

impoundment with the coal-combustion waste in place most appropriately falls under the general

provisions

of Section 22 ofthe Act. Furthermore, because the proposed rule sets groundwater

quality standards for the groundwater impacted

by the surface impoundment, the Board's

authority to adopt the proposed rule also arises under Section 8

of the Illinois Groundwater

Protection Act.

Subchapter

i

The purpose of proposed new Subchapter

j

is to provide a place in the Board'srules to

address the closure

of Ash Pond D at the Hutsonville Power Station to address a gap in the

Board'sexisting Waste Disposal regulations.

Section 840.100: Purpose

Likewise, the purpose of Section 840.100 is to identify that Subpart A specifically

addresses the closure

of Ash Pond D at the Hutsonville Power Station.

Section 840.102: Applicability

Section 840.102 establishes that Part 840, Subpart A sets forth the entirety of the

requirements that apply to the closure

of Ash Pond D, including the site-specific groundwater

quality standards applicable to the site and the portion

of the neighboring property where

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groundwater has been impacted by Ash Pond D. No other provisions of the Board'srules would

apply to Ash Pond D and its closure upon adoption

of this proposed site-specific rule.

Section 840.104: Def"mitions

This Section sets forth the definitions applicable to Subpart A.

For purposes of clarity and consistency with other Board rules, the definition of

Agency,

the Illinois Environmental Protection Agency, was included in the definitions.

The definition

of

aquifer

was taken from Section 3(b) of the Illinois Groundwater

Protection Act,

415

ILCS 55/3(b).

The definition

of

Ash Pond D

was derived from the designation used by Ameren and

referenced in various permits issued

by the Agency to describe the surface impoundment at the

Hutsonville Power Stations that is subject to the proposed rule.

For purposes

of clarity and consistency with other Board rules, the definition of

Board,

the Illinois Pollution Control Board, was included the definitions.

The definition

of

Hutsonville Power Station

was included for purposes of clarity.

The definitions

of

operator

and

owner

describe the persons responsible for various

requirements

of the proposed rule and clarify that they are the owner or operator of Ash Pond D

only.

The definition

ofproftssional engineer

was taken from Section 325 of the Professional

Engineering Practice

Act of 1989, 225 ILCS 325.

The definition

of

professional geologist

was taken from Section 28.2 of the Act, 415

ILCS 5/58.2.

The definition

of

surface impoundment

was derived from Part 810 of the Board'ssolid

waste regulations and revised to accurately describe Ash Pond D.

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The definition of

Zone A

describes the unique site-specific conditions associated with the

impacts from Ash Pond

D. Zone A encompasses Ash Pond D and is depicted in the TSD at page

6.

The definition of

Zone B

describes the unique site-specific conditions associated with the

impacts from Ash Pond

D. Zone B encompasses the area impacted by Ash Pond D, including

the area impacted on the neighboring property to the south

of Ash Pond D. The area that

comprises Zone B is depicted

in the TSD at page 6.

Section 840.106: Abbreviations

and

Acronyms

Section 840.106 identifies acronyms used in Subpart

A.

Section 840.108: Hydrogeologic Site Investigation

Section 840.108 requires the owner

or operator of Ash Pond D to design and implement a

hydrogeologic site investigation to provide the type

of information necessary to assess the

impacts

of Ash Pond D, perform groundwater modeling, and establish a groundwater monitoring

system. Ameren performed such an investigation

in 1999.

See

TSD, Ch. 6. The information

that Ameren collected at that time continues to

be valid; therefore, the rule provides that Ameren

may use that data rather than conducting a new hydrogeologic site investigation. Ameren

proposes to include the requirement for the hydrogeologic site investigation in the rule for

purposes

of completeness.

Section 840.110:

Groundwater Monitoring System

Section 840.110 requires the owner or operator of Ash Pond D to design and install a

groundwater monitoring system that is sufficient to evaluate post-closure groundwater quality

and trends. Subsequent to conducting the hydrogeologic site investigation in 1999, Ameren

designed and installed a groundwater monitoring system

on its property. Ameren proposes to

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continue using components of that system pursuant to this rule. For purposes of completeness,

Ameren believes that the rule should provide for the design and installation

of a groundwater

monitoring system but also that the rule should provide that components

of the system that

Ameren has already established meets the requirements

of the rule. Section 840.110 also

provides the standards for the design and construction

of the wells, for their location, and for

sample collection and analysis. The proposed standards are consistent with protocols and

practices utilized

by the Company in submitting monitoring data to the Agency as part of its

ongoing compliance obligations with respect

to the Station'sWater Pollution Control and

NPDES permits.

Section 840.112: Groundwater Monitoring Program

Section 840.112 sets forth the requirement that the owner or operator develop a

groundwater monitoring program, the frequency

ofmonitoring, and the constituents to be

monitored at each well installed pursuant to Section 840.110. The monitoring frequency is

similar to that prescribed in the Board's Landfill Regulations (e.g., 35 111. Adm. Code Section

811.319) and will provide sufficient data

to monitor the effectiveness ofthe proposed closure

activities. Ameren chose to monitor for the specified constituents set forth in subsection

(a) of

this Section because they are consistent with parameters required in the Station'sNPDES Permit

and boron and sulfate are indicator parameters for coal ash leachate and are very mobile.

In

addition, after discussions with the Agency, Ameren chose to monitor for the additional

inorganic constituents specified in subsection

(b) of this Section to properly monitor the

effectiveness

of the proposed closure activities.

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Electronic Filing - Received, Clerk's Office, May 19, 2009

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Section 840.114: Compliance Zones

Historical operations of Ash Pond D have impacted groundwater. Ameren has conducted

groundwater modeling and monitoring

to determine the extent of the groundwater impacts from

the operations

of Ash Pond D. These areas of impacts have been delineated into two regions:

Zone A and Zone

B.

Zone A is defined as the upper migration zone underlying Pond D. Zone B

is the upper migration zone located east

of Pond D, extending 500 feet south onto the adjacent

landowner'sproperty, and running

to the Wabash River.

Since historic operations

of Ash Pond D have already impacted groundwater, compliance

with Class I groundwater quality standards is not feasible and is not consistent with Board

regulations pertaining to other pre-existing fill operations. For example, the Board's Landfill

Regulations establish a zone

of attenuation around a landfill, in which constituents from landfill

leachate are allowed to exceed applicable groundwater quality standards.

35 Ill. Adm. Code

Section 811.320.

Section 840.114

sets the groundwater quality standards applicable within Zone A

and Zone

B.

Section 840.114 provides that concentrations of parameters as monitored are

authorized and no groundwater quality standards shall apply within Zones A and B. As provided

in Section 840.116, the results

of annual trend analyses will be used to determine compliance

within Zone

B.

Section 840.116: Demonstration of Compliance

Because historic operations of Ash Pond D have impacted groundwater, the rule utilizes a

trend analysis

to ensure that the closure strategy is effectively reducing the level of constituents

over time. Section 840.116 requires the owner or operator to establish and identify no fewer than

three downgradient monitoring wells located within Zone B for monitoring and evaluating

-28-

---

groundwater quality. For those wells located within Zone B, the owner or operator must perform

an annual trend analysis for those constituents monitored in accordance with Section 840.112(a)

and for all constituents monitored in accordance with Section

840.ll2(b) that are above Class I

groundwater quality standards. Ameren will identify these wells in the closure and post-closure

care plans.

By identifying these wells in the closure and post closure care plans, the plans can be

updated when necessary to account for new or replacement wells that will be used for monitoring

and evaluating groundwater quality.

Upon determining the existence

of a statistically significant increasing trend, as defined

by Section 840.116(b), the owner or operator must perform an investigation to determine the

cause

of the increasing trend. If the cause is something other than Ash Pond D, then the owner

or operator is required to notify the Agency

of the superseding cause. If the investigation

determines that the increasing trend is a result

of Ash Pond D and monitoring frequency has been

reduced, then the owner or operator must perform quarterly sampling. After four consecutive

quarterly samples show no statistically significant increasing trend, sampling frequency may

return

to either semi-annual or annual, whichever may be the case.

If a statistically significant increasing trend attributable to Ash Pond D continues over a

period

of two or more consecutive years, the owner or operator must perform additional

investigations to determine the extent

of the impact and the effectiveness of the closure activities.

The investigation may include more frequent inspections

of the surface of the cover system,

more frequent sampling

of the monitoring wells, installation of additional wells, or one-time

sampling

of groundwater at other points. If the owner or operator concludes from the

investigation that the Class I groundwater quality standards applicable outside

of Zone B will be

exceeded, the owner or operator must take appropriate action to mitigate the exceedance.

-29-

---

Section 840.118: Groundwater Collection Trench

Ameren has determined that it is appropriate to construct and operate a groundwater

collection trench to address the impacts on groundwater emanating from Ash Pond D. Section

840.118 requires the owner

or operator to install a groundwater collection trench long the

southern property boundary. This trench will route groundwater collected to Ash Pond B, where

it will

be managed pursuant to Section 840.120 and discharged through the NPDES-permitted

outfall from that pond.

Section 840.120:

Groundwater Discharge System

Section 840.120 provides that any groundwater collected

by the groundwater collection

trench required

by Section 840.118 must be managed in Ash Pond B prior to discharge from its

NPDES-permitted outfall to ensure compliance with applicable water quality standards in the

Wabash River. The routing

of groundwater from the collection trench into Ash Pond B may

require Ameren to amend its current NPDES permit. Ameren has confirmed that according to

the 2008 303d list, segments

of the Wabash River are impaired for PCBs and mercury but not for

any

of the constituents Ameren expects to discharge as a result of the management of

groundwater via the groundwater collection trench and Ash Pond B'spermitted NPDES-

permitted outfall.

9

Section 840.122: Final Slope and Stabilization

As part

of the closure activities, there will be a final cover placed over Ash Pond D, in

accordance with Section 840.124. Section 840.122 requires that all final slopes on that cover

be

designed and constructed so that they minimize erosion, support vegetation, and drain runoff. In

addition, Ash Pond D must meet the stability criteria

of 35 IlLAdm.Code § 811.304 before the

9 Partially Approved 2008 Illinois 303d List, http://www.epa.state.il.us/water/trnd1/303d-

list.htrnl.

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Electronic Filing - Received, Clerk's Office, May 19, 2009

---

final cover is installed. Subsection (c) allows the owner or operator to use coal combustion

waste generated at the Hutsonville Power Station as part

ofthat final grading and slope and

makes a determination that such use does not require any independent approval from the Agency

pursuant

to Section 3.135 of the Act.

Section

840.124: Final

Cover System

Section 840.124 identifies the standards for the final cover system. Arneren has

determined that a geosynthetic membrane is the appropriate type

of cover for Ash Pond D. Such

a cover is consistent with those required

by the Board'sLandfill Regulations and will adequately

minimize infiltration. Ameren considered a variety

of cap alternatives such as compacted clays

and pozzolonic materials but selected the geosynthetic membrane

as it readily complies with

existing landfill performance criteria, is commercially available and a technologically known

to

the Company, and represents an economically viable alternative.

Subsection (b) identifies the standards for the upper, final protective layer. The final

protective layer must cover all

of the low permeability layer and be at least three feet thick or the

thickness necessary to protect the low permeability layer from freezing and

to minimize root

penetration into the low permeability layer. Additionally, the final protective layer must be

of a

material that will support vegetation. Subsection (b)(4) requires that the final protective layer be

installed as quickly

as possible after installation of the low permeability layer to protect the low

permeability layer from the elements. Finally, subsection (b)(5) requires vegetation on the final

protective layer to protect it from wind and water erosion.

-31-

---

Section 840.126: Closure Plan

The proposed

rule

requires the owner or operator to prepare a closure plan that must be

submitted to the Agency within 180 days of the effective date of this rule. A copy of the plan

must also

be retained on-site or at a location specified in the closure plan.

Section 840.128: Contents of Closure Plan

Section 840.128 sets forth the contents required to be included in the closure plan.

Subsection (a) requires a site map that includes all

of the pertinent features and buildings at the

Hutsonville Power Station, including all

of the surface impoundments, all existing and proposed

groundwater collection trenches associated with Ash Pond D, all existing and proposed

monitoring wells, and diagrams identifying Zone A and Zone B. Subsection (b) requires a

detailed description

of Ash Pond D, including its contents, the volume of material contained in

Ash Pond D, and an analysis of the structural integrity of Ash Pond D. Subsection (c) requires a

description

of the closure activities planned and already performed. Subsection (d) requires a

description

of the hydrogeologic site investigation, and Subsection (e) requires a description of

the groundwater trend analysis. Subsections (f) and (g) require descriptions of the groundwater

monitoring system and program. Subsection (h) requires identification

of the monitoring wells

where trend analysis is being performed, which would

be one or more of the groundwater

monitoring wells included under subsections (f) and (g). Subsection (i) requires a description

of

the final cover system. Finally, subsection G) requires estimates of the amount oftime it will

take for Ameren to complete closure

of Ash Pond D, the cost ofthat closure, and the cost of

post-closure care.

Section 840.130: Modification of Existing Permit

-32-

---

The proposed rule requires that groundwater collected in the groundwater collection

trench

be routed to Ash Pond B for treatment and disposal. In 2005, Ameren filed a NPDES

renewal application for Ash Pond B. However, at the time that Ameren applied for renewal

of

the NPDES permit, it did not know that groundwater collected in the groundwater collection

trench for Ash Pond D would

be routed to Ash Pond B for treatment and disposal. Therefore,

within 180 days

of the effective date of this rule, Ameren will amend its application for the

NPDES permit for Ash Pond B.

Section 840.132:

Closure Report and Certification of Completion of Closure

Within 90 days after completing all closure activities described in the closure plan, the

owner

or operator of Ash Pond D must prepare and submit to the Agency a report that includes a

certification

by a professional engineer that Ash Pond D was closed as provided in the closure

plan and all construction quality assurance reports required

by Section 840.124(c)(2).

Section 840.134: Post-Closure

Maintenance of Cover System

Section 840.134 requires the owner or operator

of Ash Pond D to maintain the cover

system. The subsections specify the details

ofthat maintenance: (a) annual inspections until

completion

ofthe post-closure care report; (b) filling all rills, gullies, and crevices at least six

inches deep and recontouring areas prone to erosion; (c) repairing all eroded and scoured

drainage channels, including replacing lining materials

as appropriate; (d) filling and

recontouring all holes and depressions to prevent standing water; (e) revegetating areas in excess

of 100 square feet where the vegetation has failed or been eroded away, if the area was

previously vegetated; and (f) repair all tears, rips, punctures, and other damage to the

geosynthetic membrane, as needed.

-33-

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

Section 840.136: Post-Closure Care Plan

Section 840.136 requires the owner or operator of Ash Pond D to prepare and submit to

the Agency a post-closure care plan and to maintain

it on-site or at a location specified in the

post-closure care

Section 840.138: Contents of Post-Closure Care Plan

This Section identifies the required contents of the post-closure care plan. Subsection (a)

requires a description

of the post-closure maintenance activities or program, including a

description

of the inspections to be performed to ensure the stability of the impoundment.

Subsections (b) and (c) require descriptions

of the groundwater monitoring system and program.

Although the groundwater monitoring system will likely

be the same as identified in the closure

plan, the groundwater monitoring program carried out during post-closure may be somewhat

different from the program carried out during closure. Subsection (d) requires identification

of

the monitoring wells where trend analysis is being performed. Subsection (e) requires inclusion

of the certification of closure.

Section 840.140: Post-Closure Report and

Certification

of Completion of Post-Closure Care Plan

Section 840.140 requires the owner or operator of Ash Pond

D

to prepare and submit a

report within 60 days

of completing the requirements in Section 840.134 and 840.ll2(a)(3)

describing the completion

ofpost-closure activities and include a certification by a professional

engineer or geologist that the requirements

of Section 840.134 and 840.ll2(a)(3) have been met.

Section 840.142: Recordkeeping and Reporting Requirements

Section 840.142 requires the owner or operator of Ash Pond

D

to file groundwater

monitoring data electronically with the Agency no later than 30 days after the end

of the

sampling period and an annual report with the Agency no later than January

31 of each year

-34-

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

during the closure and post-closure periods. These annual reports must be filed during both

closure and the entirety

ofthe post-closure care period until the owner or operator of Ash Pond D

has complied with the requirements

of Section 840.140.

The annual reports must provide summaries of all groundwater monitoring data generated

during the preceding year, identif'y any closure or post-closure activities completed during the

preceding year, and summarize modifications made to the closure or post-closure plan during the

preceding year.

Subsection (d) requires the owner or operator

of Ash Pond D to maintain all monitoring

and modeling data on-site

or at a location specified in the closure plan or post-closure plan for a

period

of 10 years following generation of the data. Subsections (e) and (f) requires the owner or

operator

of Ash Pond D to maintain the closure and post-closure care plan. The closure plan is

to

be maintained on-site or at a location specified in the plan until the post-closure care period

ends.

The post-closure care plan is to be maintained on-site or at a location specified in the plan

for 10 years following the certification

of the post-closure report.

Section 840.144: Modification of Closure or Post-Closure Care Plan

Section 840.144 allows the owner or operator of Ash Pond D to modif'ythe closure plan

or post-closure plan as appropriate when there have been changes at the site. Any modification

must be in accordance with the proposed rule and submitted to the Agency pursuant to Section

840.l42(c)(3). Possible changes at the site that would require a modification

of the closure or

post-closure plan could

be a change in the placement of the final cover system, a decrease in the

efficiency or performance

of the groundwater collection system, a change in the treatment or

storage

of the groundwater from the groundwater collection system

(e.g.,

some change to Ash

Pond B), a change in the final slope or stabilization grade or material, a change in the location of

-35-

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

a monitoring well, a change to the groundwater monitoring system, or a change in the

groundwater monitoring program. A change to the groundwater monitoring system or a

monitoring well could

be performed in response to damage to one of the groundwater monitoring

wells such that its integrity was lost.

A

change to the final slope could be required if excessive

erosion or settling

of the impounded material occurs or ifunanticipated weather events require

modifications.

Respectfully submitted,

AMEREN ENERGY GENERATING COMPANY

by:

Dated:

May 19, 2009

Renee Cipriano

Kathleen C. Bassi

Joshua R. More

SCHIFF HARDIN LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5500

fax: 312-258-5600

-36-

one

of its attorneys

---

ATTACHMENT A

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE

G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER

j:

SURFACE IMPOUNDMENTS

PART 840

SITE-SPECIFIC CLOSURES OF SURFACE IMPOUNDMENTS

SUBPART A: CLOSURE OF ASH POND D, HUTSONVILLE

POWER STATION

Section

840.100

840.102

840.104

840.106

840.108

840.110

840.112

840.114

840.116

840.118

840.120

840.122

840.124

840.126

840.128

840.130

840.132

840.134

840.136

840.138

840.140

840.142

840.144

Purpose

Applicability

Definitions

Abbreviations and Acronyms

Hydrogeologic Site Investigation

Groundwater Monitoring System

Groundwater Monitoring Program

Compliance Zones

Demonstration

of Compliance

Groundwater Collection Trench

Groundwater Discharge System

Final Slope and Stabilization

Final Cover System

Closure Plan

Contents of Closure Plan

Modification of Existing Permits

Closure Report and Certification of Completion of Closure

Post-Closure Maintenance of Cover System

Post-Closure Care Plan

Contents of Post-Closure Care Plan

Post-Closure Report and Certification of Completion of Post-Closure Care

Plan

Recordkeeping and Reporting Requirements

Modification of Closure or Post-Closure Care Plan

[I]

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

AUTHORITY: Implementing Section 22

of the Environmental Protection Act (415 ILCS

5/22)

and Section 8 of the Illinois Groundwater Protection Act (415 ILCS

55/8),

and

authorized by Sections 22, 27, and 28 of the Environmental Protection Act (415 ILCS

51

22,27, and 28) and Section 8 of the Illinois Groundwater Protection Act (415 ILCS

55/8).

SOURCE: Adopted in R09-

at

Ill.

Reg.

, effective

____--'------',2009.

SUBPART A: CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION

Section 840.100

Purpose

This Subpart provides for the closure of Ash Pond D located at the Hutsonville Power

Station, 15142 East 1900 Avenue, Hutsonville, Crawford County, Illinois.

Section 840.102

Applicability

This Subpart exclusively applies to the closure

of Ash Pond D, located at the Hutsonville

Power Station, and particularly, no other Part

of Subtitle G applies to the closure of Ash

PondD.

Section 840.104

Definitions

Unless otherwise specified, the definitions

of the Environmental Protection Act ("Act")

[415 ILCS

5] apply to this Subpart. The following definitions also apply:

"Agency" means the Illinois Environmental Protection Agency.

"Aquifer" means saturated (with groundwater) soils and geologic materials

which are sufficiently permeable to readily yield economically

usefUl quantities

of

water to wells, springs, or streams under ordinary hydraulic gradients.

[415

ILCS

55/3(b)]

"Ash Pond D" means the surface impoundment designated as Ash Pond D,

located at the Hutsonville Power Station, 15142 East 1900 Avenue, Hutsonville,

Crawford County, Illinois.

"Board" means the Illinois Pollution Control Board.

[2]

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

"Hutsonville Power Station" means the electric generating station located at

l5142East 1900 Avenue, Hutsonville, Crawford County, Illinois.

"Operator" means the person responsible for the operation

of Ash Pond D.

"Owner" means the person who owns Ash Pond D.

"Professional engineer" means a person who has registered and obtained a seal

pursuant to the Professional Engineering Practice

Act of

1989. [225 ILCS 325]

"Professional geologist" means a person licensed under the laws ofthe State of

Illinois to practice as a professional geologist.

[415 lLCS 5/58.2]

"Surface impoundment" means for purposes

of this Subpart a natural topographic

depression, a man-made excavation,

or a diked area used to retain coal

combustion wastes and free liquids that was designed and constructed prior to

1990 and currently operates under or has been subject to a water pollution control

permit issued

by the Agency. For purposes of this Subpart, a surface

impoundment that contains coal combustion waste is not a landfill.

"Zone

A" means for purposes of this Subpart the three dimensional region of

groundwater that has been impacted by Ash Pond D bounded by a vertical plane

25 feet from the outside edge

of the bermed area surrounding Ash Pond D to the

south, north, east, and west and extending to the base

of the uppermost aquifer.

"Zone

B" means the three dimensional region of the uppermost aquifer outside

Zone A and located 500 feet South

ofthe Hutsonville Power Station boundary, in

the North

Half of Section 20, Township 8 North, Range 11 West of the Second

Principal Meridian, Crawford County, Illinois, lying East

of Township Road

254A which extends in a Northwesterly direction across said Section 20; the area

located 500 feet South

of the Hutsonville Generation Plant boundary, in the North

Half of Section 21, Township 8 North, Range 11 West of the Second Principal

Meridian, Crawford County, Illinois, lying West

of the Wabash River; and the

area located within the Hutsonville Power Station, North

of the southern

Hutsonville Power Station boundary, in the South

Half of Section 17, Township 8

North, Range

11 West of the Second Principal Meridian, Crawford County,

Illinois, lying West

of the Wabash River and extending from the river towards

Ash Pond D 2,040 feet, turning North and extending 940 feet towards the Wabash

[3]

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

River, and turning Southeasterly and extending 2,200 feet to the point

of origin.

Section 840.106

Agency

CQA

mg/L

NPDES

TDS

Section 840.108

Abbreviations

and

Acronyms

Illinois Environmental Protection Agency

Construction Quality Assurance

milligrams per liter

National Pollutant Discharge Elimination System

total dissolved solids

Hydrogeologic Site Investigation

The owner or operator of Ash Pond D must design and implement a hydrogeologic site

investigation

of Ash Pond D to develop hydrogeologic information for the uses set forth

below. Information from any hydrogeologic site investigation performed since 1999 may

be used to satisfy the requirements of this Section. The hydrogeologic site investigation

shall

be used:

a)

To provide information to define hydrogeology and to assess the

groundwater impacts associated with Ash Pond D;

b)

To provide information to perform a model to assess the groundwater

impacts associated with closure

of Ash Pond D; and

c)

To provide information to establish a groundwater monitoring system.

Section 840.110

Groundwater Monitoring System

The owner or operator of Ash Pond D must design and install a groundwater monitoring

system that enables it to monitor groundwater to evaluate post-closure groundwater

quality and trends. Any groundwater monitoring system in operation since 1999 that

complies with the standards set forth in this Section may

be used to satisfy the

requirements

of this Section.

a)

Standards for monitoring well design and construction.

1)

All monitoring wells must

be cased in a marmer that maintains the

integrity

of the bore holes.

[4]

Electronic Filing - Received, Clerk's Office, May 19, 2009

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ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

2)

Wells must

be screened to allow sampling only at the desired

interval.

3)

All wells must

be covered with vented caps, unless located in

flood-prone areas, and equipped with devices to protect against

tampering and damage.

b)

Standards for the location

of monitoring points.

I)

A network of no fewer than three monitoring points must be

established at locations downgradient of Ash Pond D with respect

to groundwater flow.

2)

Monitoring wells must

be located in statigraphic horizons that

could serve as contaminant pathways.

c)

Standards for sample collection and analysis.

I)

2)

Section 840.112

The owner

or operator of Ash Pond D must utilize sampling and

analysis procedures that ensure that collected samples are

representative

of the zone being monitored and that the results can

be relied upon to provide data representative of the zone being

monitored.

The owner

or operator of Ash Pond D must establish a quality

assurance program.

Groundwater Monitoring Program

The owner

or operator of Ash Pond D must develop a groundwater monitoring program

that enables it to monitor groundwater to evaluate post-closure groundwater quality. The

owner or operator must begin the groundwater monitoring program upon completion

of

the final cover system installation. The groundwater monitoring program must comply

with the following requirements:

a)

The owner or operator of Ash Pond D must monitor each well installed

pursuant to Section 840.110 for the following constituents on a quarterly

basis for the first five years after closure: boron, iron, manganese, pH,

sulfate, and TDS. The owner or operator must also monitor for the

[5J

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

following: specific conductance, groundwater elevation, and monitoring

well depth.

1)

After five years, the owner or operator of Ash Pond D may reduce

the frequency

of groundwater monitoring to semi-annual sampling

upon a determination

of all of the following:

A)

That monitoring effectiveness will not

be compromised by

the reduced frequency of monitoring;

B)

That sufficient quarterly data has been collected to

characterize groundwater; and

C)

That concentrations

of constituents monitored pursuant to

subsection (a)

of this Section at the downgradient

monitoring wells inside Zone B show no statistically

significant increasing trends that can

be attributed to Pond

D.

2)

Beginning fifteen years after closure, or five years after reducing

the monitoring frequency to semi-annual pursuant to subsection

(a)(l) of this Section and concentrations of constituents monitored

pursuant to subsection (a)

of this Section at the downgradient

monitoring wells inside Zone B show no statistically significant

increasing trends for the five years after reducing the monitoring

frequency to semi-annual, the owner or operator

of Ash Pond D

may reduce monitoring frequency to annual sampling.

3)

The owner

or operator of Ash Pond D may discontinue

groundwater monitoring for the constituents in subsection (a)

of

this Section when no statistically significant increasing trend that

can

be attributed to Pond D is detected in the concentration of any

such constituent at the downgradient monitoring wells inside

Zone B for three consecutive years after changing to an annual

monitoring frequency pursuant to subsection (a)(2)

of this Section

and all concentrations

of constituents monitored in accordance

with Section 840.112 are at

or below Class I groundwater quality

standards for a period

of five years.

[6]

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

b)

The owner

or operator of Ash Pond D must monitor each well installed

pursuant to Section 840.110 for the following inorganic constituents on an

annual basis until monitoring pursuant to subsection (a)

ofthis Section is

discontinued in accordance with Section 840.1l2(a)(3): antimony,

arsenic, barium, beryllium, cadmium, chloride, chromium, cobalt, copper,

cyanide, fluoride, lead, mercury, nickel, nitrate as N, selenium, silver,

thallium, and zinc.

1)

Monitoring ofinorganic constituents must be performed during the

first quarter

of each monitoring year as the monitoring year is

defined in the closure plan.

2)

Any inorganic constituent listed in this subsection observed to

exceed its Class I groundwater quality standard must

be monitored

on a quarterly basis. After four consecutive quarterly samples

show no exceedance

of the Class I groundwater quality standard

for such constituent, the owner or operator

of Ash Pond D may

reduce the monitoring frequency

of that constituent to annual

sampling.

c)

Elements of the Groundwater Monitoring Program may be modified upon

agreement with the Agency, so long

as the modification is in accordance

with the provisions

of this Subpart.

Section 840.114

Compliance Zones

a)

No generally applicable groundwater quality standards apply within Zone

A

or Zone B. Within Zone A and Zone B, from the effective date ofthis

rule and continuing indefinitely thereafter, concentrations

of constituents

may exceed any generally applicable groundwater quality standard

established

by the Board or the Agency, including the Class I

groundwater quality standards,

as set forth in 35 Ill. Adm. Code 620.

b)

As provided in Section 840.116

ofthis Subpart, the results of annual trend

analyses will

be used to determine compliance within Zone B.

Section 840.116

Demonstration

of Compliance

a)

The owner or operator ofAsh Pond D must establish and identify in the

[7]

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

closure plan and post-closure care plan no fewer than three downgradient

monitoring wells located within Zone B for determining groundwater

quality.

b)

The owner

or operator of Ash Pond D must perform an annual trend

analysis for each monitoring well located in Zone B for all constituents

monitored

in

accordance with Section 840. I 12(a) ofthis Subpart and for

all constituents monitored in accordance with Section 840.112(b) that are

above Class I groundwater quality standards, based on a minimum

of four

consecutive samples,

by applying Sen'sEstimate of Slope. If the results

show an increasing trend, a Mann-Kendall analysis must

be performed at

95 percent confidence to determine whether the increasing trend is

statistically significant.

c)

The owner

or operator of Ash Pond D must investigate the cause of a

statistically significant increasing trend as determined under subsection (b)

of this Section. If the statistically significant increasing trend occurs

during post-closure care, such investigation must include more frequent

inspection

of the surface of the cover system and evaluation of the

effectiveness

of the groundwater collection trench required by Section

840.118

of this Subpart.

I)

If an investigation performed in accordance with subsection (c) of

this Section attributes a statistically significant increasing trend to

a superseding cause, the owner or operator of Ash Pond D must

notify the Agency

in

writing, stating the cause of the increasing

trend and providing the rationale used in such a determination.

2)

If there is no superseding cause for the statistically significant

increasing trend and sampling frequency has been reduced

pursuantto Section 840.112(a)(I) or (a)(2)

of this Subpart to semi-

annual or annual sampling, the owner or operator must return

to a

quarterly sampling schedule. After four consecutive quarterly

samples show no statistically significant increasing tend, the

frequency

of groundwater monitoring may be returned to either

semi-annual

or annual, whichever frequency was utilized prior to

the return to quarterly sampling.

d)

If a statistically significant increasing trend is observed to continue over a

period

of two or more consecutive years and there are no superseding

[8]

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

causes for the trend, the owner or operator must perform the following:

I)

A hydrogeologic investigation;

2)

An

investigation to determine there are no exceedences of Class I

standards attributable to Ash Pond D at the outer edge

of Zone B;

and

3)

Additional site investigation,

if necessary.

e)

Based on the outcome of the activities required by subsection (d) of this

Section, the owner or operator

of Ash Pond D must take action to mitigate

exceedances occurring at the outer edge

of Zone B.

f)

The owner or operator of Ash Pond D must submit an annual report to the

Agency with the results

of the trend analysis required by subsection (b) of

this Section and supporting data. The annual report must include a

discussion

of any statistically significant increasing trends within Zone B

and a copy

of any notice submitted to the Agency pursuant to subsection

(c)(l) of this Section.

Section 840.118

Groundwater Collection Trench

The owner or operator of Ash Pond D must design, install, and, consistent with

wastewater discharge permit conditions, operate a groundwater collection trench along

the south property boundary

of the Hutsonville Power Station to prevent migration of

groundwater impacted by Ash Pond D south of the property boundary. Upon completion

of the post-closure care certification required by Section 840.140 of this Subpart, the

owner

or operator of Ash Pond D may discontinue operation of the groundwater

collection trench.

Section 840.120

Groundwater Discharge System

Groundwater collected in the groundwater collection trench must be directed to Ash Pond

B at the Hutsonville Power Station consistent with wastewater discharge permit

conditions. Groundwater collected must

be routed through the outfall from Ash Pond B

as authorized

by the Hutsonville Power Station'sNPDES permit in compliance with

applicable water quality standards for the Wabash River.

[9]

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

Section 840.122

Final Slope and Stabilization

a)

All final slopes must be designed and constructed to a grade capable of

supporting vegetation and minimizing erosion.

b)

All slopes must

be designed to drain runoff away from the cover and to

prevent ponding.

c)

Ash Pond D must meet the stability criteria of35

Ill.

Adm. Code 811.304.

The owner or operator may use coal combustion waste generated at the

site in establishing the final grade and slope. Any coal combustion waste

used to establish the final grade and slope is considered coal combustion

byproduct, and its use does not require any independent approval pursuant

to 415 ILCS 5/3.135.

Section 840.124

Final Cover System

The owner

or operator of Ash Pond D must design and install a final cover system for

Ash Pond D. The final cover system must consist

of a low permeability layer and a final

protective layer.

a)

Standards for the low permeability layer. The low permeability layer must

be designed to minimize surface infiltration and must consist of a

geosynthetic membrane cover and

be constructed in accordance with the

following standards:

1)

The geosynthetic membrane must have a minimum thickness of 40

mil (0.04 inches) and a hydraulic conductivity

of 1 x

10-

7

centimeters per second or less.

2)

The geosynthetic membrane must

be placed over a prepared base

free from sharp objects and other materials that may cause damage.

b)

Standards for the final protective layer.

1)

The final protective layer must cover the entire geosynthetic

membrane.

2)

The final protective layer must be at least three feet thick and must

[10]

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

be sufficient to protect the geosynthetic membrane from freezing

and minimize root penetration

of the geosynthetic membrane.

3)

The final protective layer must consist

of soil material capable of

supporting vegetation.

4)

The final protective layer must

be placed as soon as possible after

placement

of the geosynthetic membrane.

5)

The final protective layer must

be covered with vegetation to

minimize wind and water erosion.

c)

Construction Quality Assurance Program. The final cover system must be

constructed according to a construction quality assurance program that

meets the following requirements:

1)

The operator must designate a construction quality assurance

("CQA") officer.

2)

At the end of each week of construction of the final cover system

until construction is complete, a summary report must be either

prepared

by the CQA officer or under the supervision of the CQA

officer. The report must include descriptions

of the weather,

locations where construction occurred during the previous week,

materials used, results

of testing, inspection reports, and

procedures used to perform the inspections. The CQA officer must

certify the report.

3) .

The

CQA officer must exercise judgment to certify the following:

A)

That the bedding material contains no undesirable objects;

B)

That the closure plan has been followed;

C)

That the anchor trench and backfill are constructed to

prevent damage to the geosynthetic membrane;

D)

That all tears, rips, punctures, and other damage are

repaired; and

[11]

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

E)

That all geosynthetic membrane seams are properly

constructed and tested in accordance with manufacturer's

specifications.

Section 840.126

Closure Plan

a)

Within 180 days after the effective date of this rule, the owner or operator

of Ash Pond D must prepare and submit to the Agency a closure plan.

b)

The owner or operator

of Ash Pond D must maintain the closure plan

onsite or

at a location specified in the closure plan.

Section 840.128

Contents of Closure Plan

The closure plan must contain the following information or documents:

a)

Site map. The site map must identify all pertinent features and buildings

at the Hutsonville Power Station and must clearly identify the following:

I)

All of the surface impoundments located at the site;

2)

All existing and proposed groundwater collection trenches

associated with the operation or closure

of Ash Pond D;

3)

All existing and proposed groundwater monitoring wells; and

4)

Diagrams depicting Zone A and Zone

B.

b)

Description of Ash Pond D. The description of Ash Pond D must include

all

of the following information:

I)

A description of the contents of Ash Pond D;

2)

The estimated volume of material contained in Ash Pond D; and

3)

An

analysis of the structural integrity of Ash Pond D.

c)

Description of the closure activities to be performed in accordance with

[12]

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE

OF PROPOSED RULE

this Subpart and any additional activities performed by the owner or

operator

to close Ash Pond D, including any dewatering.

d)

Description

of the hydrogeologic site investigation required by Section

840.108

of this Subpart.

e)

Description of the groundwater trend analysis methods as required by

Section 840.116 of this Subpart.

f)

Description of the groundwater monitoring system required by Section

840.110

ofthis Subpart.

g)

Description

of the groundwater monitoring program required by Section

840.112

of this Subpart.

h)

Identification

of the location of the monitoring wells used for trend

analyses required

by Section 840.116 of this Subpart.

i)

Description ofthe final cover system required by Section 840.124 of this

Subpart.

j)

Estimates of the amount oftime to complete closure, the cost of closure,

and the cost

ofpost-closure care.

Section 840.130

Modification

of Existing Permits

The owner or operator

of Ash Pond D must timely submit to the Agency an application to

revise any state operating permit or NPDES permit issued by the Agency as required by

Section 840.118

of this Subpart.

Section 840.132

Closure

Report and Certification of Completion of Closure

No later than 90 days after the completion

of all closure activities required by this

Subpart, the owner or operator

of Ash Pond D must prepare and submit to the Agency a

closure report. The report must include certification by a professional engineer that Ash

Pond D has been closed in accordance with the closure plan required

by Section 840.126

of this Subpart and include all CQA reports required by Section 840.124(c)(2).

Section 840.134

Post-Closure Maintenance

of Cover System

[13]

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE

OF PROPOSED RULE

The owner or operator

of Ash Pond D must maintain the surface ofthe cover system.

a)

After closure and until completion of the post-closure care report, the

owner or operator

of Ash Pond D must conduct annual inspections of the

cover system.

b)

The owner or operator

of Ash Pond D must fill all rills, gullies, and

crevices six inches or deeper identified during the inspection. Areas

identified

as particularly susceptible to erosion must be recontoured.

c)

The owner or operator

of Ash Pond D must repair all eroded and scoured

drainage channels identified during inspections and replace lining

material,

if necessary.

d)

The owner or operator of Ash Pond D must fill and recontour all holes and

depressions created by settling so as to prevent standing water.

e)

The owner or operator

of Ash Pond D must revegetate all areas in excess

of 100 square feet, cumulative, with failed or eroded vegetation that had

previously been vegetated.

f)

The owner or operator of Ash Pond D must repair all tears, rips, punctures,

and other damage to the geosynthetic membrane,

if necessary.

Section 840.136

Post-Closure

Care Plan

a)

The owner or operator of Ash Pond D must prepare and submit to the

Agency a post-closure care plan.

b)

The owner or operator must maintain the post-closure care plan onsite or

at a location specified in the post-closure care plan.

Section 840.138

Contents

of Post-Closure Care Plan

The post-closure care plan must include the following elements:

a)

Description of the post-closure care activities required by Section 840.134

of this Subpart;

[14]

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED RULE

b)

Description

ofthe groundwater monitoring system required by Section

840.110

of this Subpart;

c)

Description

of the groundwater monitoring program required by Section

840.112 ofthis Subpart;

d)

Identification

of the location of the monitoring wells used for trend

analyses required

by Section 840.116 ofthis Subpart; and

e)

A copy

of the certification of closure required by Section 840.132 of this

Subpart.

Section 840.140

Closure Care Plan

The owner or operator of Ash Pond D must prepare and submit to the Agency a Post-

Closure Report within 60 days after satisfying the requirements

of Sections 840.134 and

840.112(a)(3)

of this Subpart. The Post-Closure Report must include a certification by a

professional engineer or professional geologist that the requirements

of Section 840.134

and Section 840. 112(a)(3)

of this Subpart have been met.

Section 840.142

Recordkeeping and Reporting Requirements

a)

The owner or operator of Ash Pond D must file groundwater monitoring

data electronically with the Agency each year during the closure

of Ash

Pond D and for the entire post-closure care period. The owner or operator

must submit sampling data no later than 30 days after the end

of the

sampling period.

b)

The owner or operator

of Ash Pond D must file an annual report with the

Agency no later than January

31 of each year during the closure of Ash

Pond D and for the entire post-closure care period. Once the requirements

of Section 840.140 of this Subpart have been met, annual reports are no

longer required.

c)

All annual reports must contain the following information:

1)

Trend analyses

of all groundwater monitoring data generated by

[15]

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

NOTICE

OF PROPOSED RULE

the groundwater monitoring program required by Section 840.112

of this Subpart during the preceding year;

2)

The completed closure or post-closure activities performed during

the preceding year; and

3)

A summary

of all modifications made to the closure plan or post-

closure care plan during the preceding year and copies

of the

updated closure and post-closure plans reflecting any such

modifications.

d)

The owner or operator

of Ash Pond D must maintain onsite or at a

location specified in the closure or post-closure care plan

all monitoring

data and trend analysis data for

10 years following generation of the data.

e)

The owner or operator

of Ash Pond D must maintain the closure plan

until the end

of the post-closure care period.

f)

The owner or operator of Ash Pond D must maintain the post-closure care

plan for

10 years following the certification ofthe Post Closure Report as

required by Section 840.140.

g)

All reports and notifications required under this Subpart

to be submitted

to the Agency must be submitted to the Bureau of Land, 1021 South

Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276 or

electronically as authorized and directed

by the Agency.

Section 840.144

Modification

of Closure or Post-Closure

Care

Piau

The owner or operator of Ash Pond D may modify the closure or post-closure plan so

long as the modification is in accordance with the provisions

of this Subpart. The

updated plans must be filed with the Agency pursuant to Section 840.142(c)(3)

of this

Subpart.

[16]

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of:

)

)

PROPOSED RULES ESTABLISHING

)

35 ILL. ADM. CODE SUBCHAPTER

j, )

PART 840, AND SUBPART

A,

)

SITE-SPECIFIC RULES PROVIDING

)

FOR THE CLOSURE OF ASH POND

)

D AT

THE HUTSONVILLE POWER

)

STATION.

)

R09-21

(Rulemaking - Land)

MOTION TO WAIVE SIGNATURE REQUIREMENT

NOW COMES Proponent, AMEREN ENERGY GENERATING COMPANY, by and

through its attorneys, SCHIFF HARDIN LLP, and, pursuant to

35 I1I.Adm.Code § 101.500,

moves to waive the signature requirements

of Section 102.200 of the Board'sregulations (35

I1I.Adm.Code § 102.200) and Section 28(a) ofthe Environmental Protection Act (415 ILCS

5128(a». Ameren is seeking to amend the Board'swaste rules

by adding new Subchapter j,

Surface Impoundments, and new Part 840, Closure of Surface Impoundments, and new Subpart

A.

In support of its motion, Ameren states as follows:

1.

Ameren is proposing to add a new Subchapter and new Part to the Board'srules

because none

of the current rules appropriately address the proper closure of surface

impoundments or ash ponds at coal-fired power plants. Therefore, Ameren is proposing a site-

specific rule to address this gap in the Board'srules.

2.

Proposed Subpart A contains site-specific rules providing for the closure of Ash

Pond D at Ameren'sHutsonville Power Station in Crawford County, Illinois.

-1-

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

3.

The scope of the proposed rule is limited to the Hutsonville Power Station.

Therefore, for Ameren to have to obtain 200 signatures would present an added expense that is

burdensome and unnecessary.

4.

The Board has a long-standing practice

of granting signature waiver requests for

site-specific rulemakings.

WHEREFORE, for the reasons set forth above, Ameren respectfully requests that the

Board waive the signature requirement for its proposed site-specific rule.

Respectfully submitted,

AMEREN ENERGY GENERATING

COMPANY

by:

Dated:

May 19, 2009

Renee Cipriano

Kathleen C. Bassi

Joshua

R. More

SCHIFF HARDIN LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5500

fax: 312-258-5600

-2-

one of its attorneys

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of:

)

)

PROPOSED RULES ESTABLISHING

)

35 ILL. ADM. CODE SUBCHAPTER j,

)

PART 840, AND SUBPART

A,

)

SITE-SPECIFIC RULES PROVIDING

)

FOR THE CLOSURE OF ASH POND

)

D AT THE HUTSONVILLE POWER

)

STATION.

)

R09-21

(Rulemaking - Land)

MOTION FOR EXPEDITED REVIEW

NOW COMES Proponent, AMEREN ENERGY GENERATING COMPAN., by and

through its attorneys, SCHIFF HARDIN LLP, and, pursuant

to 35 Ill.Adm.Code § 101.512,

moves the Board to 'setthis matter for First Notice

as soon as possible, accept the proposal for

hearing, and move this rulemaking forward

as expeditiously as possible. Ameren is seeking to

amend the Board'sWaste rules by adding new Subchapter j, Surface Impoundments, and new

Part 840, Closure

of Surface Impoundments, and new Subpart

A.

In support of its motion,

Ameren states as follows:

1.

Over a number of years, Ameren has engaged in discussions with the Illinois

Environmental Protection Agency ("Agency") regarding the standards under which Ash Pond D

at the Hutsonville Power Station should

be closed. Most recently, Ameren and the Agency have

had productive discussions regarding regulatory language that would apply

to the closure of this

ash pond. None

of the currently existing rules apply.

2.

For that reason, Ameren finally sought an adjusted standard in AS 09-1 in the late

summer of2008.

On March 5, 2009, the Board dismissed Ameren'spetition, finding that a site-

specific rule is the more appropriate form

ofrelief. Order, p. 11, AS 09-1 (March 1, 2009).

-1-

---

3.

In the meantime, two events have transpired: (i) Ameren has offered the plant for

sale, and (ii) public and regulatory interest in ash ponds at coal-fired power plants has heightened

nationwide, including

in Illinois.

4.

Ameren has placed the Hutsonville Power Plant on the market for sale

to reduce

the cost to Ameren

of operating the plant. Although having already closed Ash Pond D would

present Hutsonville in a better light

to a potential buyer, having at least a rule that sets forth the

parameters under which Ash Pond D may

be closed would be beneficial. Regulatory certainty

would provide a buyer with information sufficient

to estimate and plan for environmental

compliance obligations.

5.

Although ash ponds are permitted facilities essential to water treatment at many

power plants, officials are now recognizing the need to address aspects

of ash pond management.

In fact, the Agency has recently asked all power plant operators in the state to voluntarily

monitor groundwater at ash impoundments. Ameren intends

to comply with that request, and

such information will

be valuable in determining the best manner of closing other Ameren

surface impoundments with such structures reach end

of life. In addition, the U.S.

Environmental Protection Agency has expressed an intention to visit various ash impoundments

across the country, including several in Illinois, to gather information regarding structural

stability and design issues. Finally, the Board indicated that a site-specific rule is the appropriate

course, and Ameren believes it is prudent for it to close Ash Pond D as expeditiously

as possible.

Ameren is prepared to expeditiously implement the proposed rule once it becomes effective.

6.

Ameren is mindful of the Board'sheavy docket and believes it has addressed

most,

if not all, of the Agency's requests and has prepared this proposal and supporting technical

documents to facilitate prompt review. The Board has granted expedited - or prompt - review

-2-

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

recently in several instances, including in R08-19, and set the City of Galva'sproposal for site-

specific rulemaking for First Notice without first considering the merits

of the proposal in R09-

11. Ameren requests that the Board grant it the same consideration.

7.

Ameren will continue to suffer material hardship so long as the parameters under

which it may close Ash Pond D are undecided. Ameren has performed numerous studies,

assessments, and analyses

of the impacts of Ash Pond D and the best method for closing it.

Ameren merely awaits authority to proceed from the Board so that it can take the

environmentally prudent steps

of formally capping and closing Ash Pond D.

WHEREFORE, for the reasons set forth above, Ameren respectfully requests that the

Board accept this proposed rulemaking and set it for First Notice as soon as possible and that it

set hearings and move toward decision expeditiously.

Respectfully submitted,

AMEREN ENERGY GENERATING

COMPANY

by:

one

of its attorneys

Dated: May 19, 2009

Renee Cipriano

Kathleen

C. Bassi

Joshua R. More

SCHIFF HARDIN LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5500

fax: 312-258-5600

-3-

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

Agency:

Part/Title:

Agency Analysis of Economic and

Budgetary Effects

of Proposed Rulemaking

Illinois Pollution Control Board

Site-Specific Closure

of Surface Impoundments (35 Ill. Adm. Code Part 840)

(new subchapter and new part within Subtitle

G)

Illinois Register Citation:

Please attempt to provide

as dollar-specific responses as possible and feel free to add any

relevant explanation.

1.

Anticipated effect on State expenditures and revenues:

(a)

Current cost to the agency for this program/activity:

(b)

If this rulemaking will result in an increase or decrease in cost, specify the fiscal

year

in which this change will first occur and the dollar amount of the effect.

There will be no increased cost to the Pollution Control Board.

(c)

Indicate the funding source, including Fund and appropriate lines, for this

program/activity.

Unknown.

(d)

If an increase or decrease in costs of another State agency is anticipated, specify

the fiscal year

in which this change will first occur and the estimated dollar

amount

ofthe effect.

There is no current cost to the Illinois Environmental Protection Agency

for this program. There

may be some slight increase in cost to the

Illinois EPA

in terms of the time necessary for staff to review various

documents that the rule requires to

be submitted on an infrequent basis.

That increased cost could first

be incurred in FY2010.

(e)

Will this rulemaking have any effect

on State revenues or expenditures not

already indicated above?

2.

Economic effect on persons affected by the rulemaking:

Economic and Budgetary Effects of Rulemaking

-1-

---

(a)

Indicate the economic effect and specify the persons affected:

Positive

Persons affected:

Negative

x

No Effect

The owner or operator

of the Hutsonville Power Station and Ash Pond

D, currently Ameren Energy Generating Company.

Dollar amount per person:

Total statewide cost:

Undetermined, but

preliminary budgetary

estimates are

$52,OOO/year for

sampling and

monitoring costs and

periodic maintenance

of

the cover;

c.a.

$4.7 million capital

cost; firm costs will be

established once the

rule is adopted and

construction and

engineering bid

packages issued.

same

as above

(b)

If

an economic effectis predicted, please briefly describe how the effect will

occur.

The economic effect will occur in the engineering and implementation

of the construction activities required by the rule and then operation of

the closure and post-closure plans and care specified in the rule.

(

c)

Will the rulemaking have an indirect effect that may result in increased

administrative costs? Will there

by any change

in

requirements such as filing,

documentation, reporting or completion of forms?

Yes. The rule requires that certain records

be developed, maintained,

and submitted to Illinois EPA. However, the administrative costs are

expected to

be nominal.

Economic and Budgetary Effects of Rulemaking

-2-

Electronic Filing - Received, Clerk's Office, May 19, 2009

---

CERTIFICATE OF SERVICE

I, the undersigned, certifY that on this 19

th

day of May, 2009, I have served electronically

the attached

JOSHUA

R.

AMEREN'S PROPOSAL

FOR SITE-SPECIVID REGULATION OF THE CLOSURE OF

ASH POND D AT THE HUTSONVILLE POWER STATION; STATEMENT OF

REASONS (with the proposed regulatory language attached); TECHNICAL SUPPORT

DOCUMENT, MOTION TO WAIVE SIGNATURE REQUIREMENT; MOTION FOR

EXPEDITED REVIEW; and AGENCY ANALYSIS OF ECONOMIC AND

BUDGETARY EFFECTS OF PROPOSED RULEMAKING upon

the following persons:

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James

R. Thompson Center

Suite 11-500

100 West Randolph

Chicago, Illinois 6060 I

and by first class mail, postage affixed upon persons included on the

LIST.

Kathleen C. aSSl

Renee Cipriano

Kathleen

C. Bassi

Joshua R. More

SCHIFF HARDIN, LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5500

Fax: 312-258-5600

---

(R09-21)

John 1. Kim, General Counsel

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

john.j.kim@illinois.gov

Virginia Yang

Department

ofNatural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271rol

Virginia.yang@illinois.gov

Matthew 1. Dunn, Chief

Office ofthe Attorney General

Environmental Bureau, North

69 West Washington Street, Suite 1800

Chicago, Illinois 60602