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ILLINOIS POLLUTION CONTROL BOARD
July 23, 2009
PRAIRIE RIVERS NETWORK
and SIERRA CLUB,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and HILLSBORO
ENERGY, L.L.C.,
Respondents.
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PCB 10-003
(Third-Party NPDES Permit Appeal -
Water)
HEARING OFFICER ORDER
The parties are advised that this matter has been assigned to the hearing officer identified
below. From this date forward, any pleading filed with the Clerk of the Board in this matter
must also be served individually on the hearing officer.
On July 23, 2009, petitioners and respondent Hillsboro Energy, L.L.C. participated in a
telephone status conference with the hearing officer. Respondent Illinois Environmental
Protection Agency is directed to have its attorney file an appearance. The administrative record
is due by August 3, 2009. Hillsboro Energy, L.L.C. agreed to waive the decision deadline to
December 31, 2009.
The parties are directed to participate in a telephone status conference with the hearing
officer at 2:30 p.m. on August 24, 2009. Respondent Hillsboro Energy L.L.C. will contact the
parties with a conference call number.
The decision deadline is currently October 15, 2009.
IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
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Attachment A.
Board Questions to Be Addressed:
1.
35 Ill. Adm. Code 302.211(j)(4) provides:
The required showing in subsection (j)(3) may take the form of an acceptable
final environmental impact statement or pertinent provisions of environmental
assessments used in the preparation of the final environmental impact statement,
or may take the form of showing pursuant to Section 316(a) of the Clean Water
Act (CWA) (33 U.S.C. 1251 et seq.), which addresses the requirements of
subsection (j)(3). 35 Ill. Adm. Code 302.211(j)(4).
The United States Environmental Protection Agency (USEPA) has issued an
“Interagency 316(a) Technical Guidance Manual and Guide for Thermal Effects Sections
of Nuclear Facilities Environmental Impact Statements (DRAFT)” dated May 1, 1977
(Section 316(a) Manual) (available at http://www.epa.gov/npdespub/pubs/owm0001.pdf
).
The Section 316(a) Manual states that a Type II Demonstration would involve:
3.5.1
Development of Biotic Category Rationales
3.5.2
Development of Representative Important Species Rationale
3.5.3
Engineering and Hydrological Data for Type II Demonstration
3.5.4
Synthesis of All Information into Master Ecosystem Rationale
(Section 316(a) Manual at pp. 34-52.)
a.
Exhibit 11 to the petition is a report prepared by ASA Analysis and
Communications, Inc. entitled “Evaluation of Potential Adverse Impacts from
Revised Site-Specific Thermal Standards in May and October for Coffeen Lake”
dated March 2008 (ASA Report). The ASA Report indicates three fish species
were selected as “representative important species” (RIS) based on previous
studies. The three RIS selected were largemouth bass, bluegill, and channel
catfish. Exh. 11 at 3-1. In this regard, the ASA Report references Tranquilli and
Larimore (INHS) 1981 and Heidinger
et al.
2000. Please explain more clearly at
what point and how the three RIS were selected from among the other life forms
observed in the reports by Tranquilli and Larmiore 1981 and Heidinger
et al.
2000, providing additional documentation if necessary. Please comment on how
the selection of the three RIS satisfies the criteria under Section 3.5.2 of the
Section 316(a) Manual or the definition of RIS at pp. 78-79.
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b.
The ASA Report finds and forms part of its basis in the Tranquilli and Larimore
1981 Final Report by the Illinois Natural History Survey (INHS) (INHS 1981
Final Report) that was completed under the previous thermal demonstration for
Coffeen Lake in CIPS V. IEPA, PCB 77-158, PCB 78-100 (cons.)(Mar. 19,
1982)(CIPS). Please review this 1981 INHS Report and briefly comment on the
validity of the development of the RIS Rationale in light of current conditions.
(For the convenience of the parties in referencing the older CIPS documents, the
Clerk’s Office has scanned the contents of pertinent microfiche into COOL; these
are available on the Board’s Website in the PCB 77-158, PCB 78-100 docket.)
c.
Please describe any consideration that was given to threatened and endangered
species as well as other vertebrate wildlife as set out in the Section 316(a)
Manual. On this note, the INHS Final Report mentions that Great Blue Herons
were occasionally observed in the lake. INHS 1981 Final Report at p.18.5.
d.
Exhibit 15 to the petition is a report prepared by Sargent & Lundy entitled
“Coffeen Units 1 and 2 Coffeen Cooling System Thermal Study”, Report SL-
009346, Revision 0 prepared June 2008 2008 (S & L 2008 Report). The S & L
2008 Report states that it utilizes “S&L’s thermal lake modeling software
program.” S & L 2008 Report, Exh. 15 at p. 4. Please provide additional
information on the model, such as when it was developed, if it has a particular
name, and why this particular model was used.
See
Section 316(a) Manual at p.
46.
e.
The Section 316(a) Manual sets out criteria for development of a “Master
Rationale, Demonstration as a Whole”. Section 316(a) Manual at pp. 70-71.
Please develop and provide this information in support of the requested
modifications.
2.
Exhibit 4 to the petition is a “Coffeen Lake Diagram”:
a.
Please provide a copy with more easily readable site numbers for the Lake
Temperature Monitor Locations.
b.
Please visually indicate the “Edge of Mixing Zone”, as the label for “Edge of
Mixing Zone” is not pinpointed to a particular location on the diagram.
c.
Please describe and comment on any effect of the “Sewage Treatment Plant
Discharge 001D” on thermal standards in Coffeen Lake.
d.
Please visually indicate, and specify the depth of, the deepest point in Lake
Coffeen, and indicate whether Ameren monitors at this point.
3.
Exhibit 2 to the petition is a provisional variance issued by IEPA in Ameren Energy
Generating Company Coffeen Power Station v. IEPA, IEPA-08-14 (Oct. 24, 2007). This
provisional variance recites that Ameren was “operating four solar-powered aeration pumps in
the lake to draw water from the bottom to the top in an attempt to cool the water.” Exh. 2 at 3.
The S & L 2008 Report (Exh. 15) does not list the solar-powered pumps as part of the existing
cooling system. Please explain whether use of the solar-powered pumps to cool the lake water
is intended under the proposed modification, and if not why not.
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4.
Please specify whether Ameren has measured the water temperature and dissolved
oxygen profiles during May and October in 2007 and 2008
(i.e.
since completion of the Southern
Illinois University-Carbondale (SIUC) fishery studies of 1997-2006 referenced in the ASA
Report). Please state whether the same locations were used in any 2007 and 2008 measurements
as were used in the SIUC studies.
5.
The ASA Report states “Coffeen Lake has had an abundance of submerged
macrophytes”. ASA Report at. 3.7. If possible, please quantify, in terms of percent coverage,
the abundance of macrophytes and relate that to amounts considered beneficial to aquatic life.
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
July 24, 2009, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to the
following on July 24, 2009:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
PCB 2010-003
Division of Legal Counsel
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2010-003
Albert F. Ettinger
Environmental Law and Policy Center
35 East Wacker Drive
Suite 1300
Chicago, IL 60601
PCB 2010-003
Jessica Dexter
Environmental Law and Policy Center
35 East Wacker Drive
Suite 1300
Chicago, IL 60601
PCB 2010-003
Susan M. Franzetti
Nijman Franzetti LLP
10 South LaSalle Street
Suite 3600
Chicago, IL 60603
PCB 2010-003
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Hillsboro Energy, L.L.C.
925 S. Main Street
Hillsboro, IL 62049
PCB 2010-003
Elizabeth Hoskins Dow
Bailey & Glasser LLP
1003 Western Avenue
Joliet, IL 60435
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