BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Wisconsin Electric Power Company,

d/b/a

We Energies,

Petitioner,

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

)

)

)

)

)

)

)

)

)

)

PCB

----

(Appeal - Beneficial Use

Determination)

NOTICE OF FILING

To:

Pollution Control Board

Attn: Clerk

100 West Randolph

James

R. Thompson Center

Suite

11-500

Chicago, IL 60601-3218

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

PLEASE TAKE NOTICE that on July 30,2009, we filed with the Illinois

Pollution Control Board the attached

Petition for Review

and

Appearance of Cynthia A.

Faur,

a copy of which is herewith served upon you.

Dated: July

30, 2009

Cynthia

A.

Faur

Quarles

&

Brady LLP

300

North LaSalle Street

Suite 4000

Chicago, Illinois 60654-3422

(312)

715-5000

QB\8408068.2

Respectfully submitted,

Wisconsin Electric

Power Company,

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CERTIFICATE OF SERVICE

The undersigned, an attorney, certify that I have served upon the individuals named on

the attached Notice

of Filing true and correct copies of the

Petition for Review

and

Appearance

of Cynthia A. Faur

via First Class Mail, postage prepaid on July 30,2009.

QB\S40S06S.2

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Wisconsin Electric Power Company,

d/b/a We Energies,

Petitioner,

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

)

)

)

)

)

)

)

)

)

)

Petition for Review

PCB __ _

(Permit Appeal- Beneficial

Use Determination)

Wisconsin Electric

Power Company (d/b/a We Energies), by and through

its attorneys, Cynthia

A.

Faur and Quarles and Brady LLP, hereby petitions the Illinois

Pollution Control Board (the "Board") for review of the denial of We Energies' Request

for a Beneficial

Use Determination pursuant to the § 3.135(b) ofthe Illinois

Environmental

Protection Act (the "Act"), 415 ILCS 5/3 . 135(b ). This petition for review

is submitted pursuant to

§§ 3.135(b) and 40 of the Act, 415 ILCS 5/3. 135(b) and 5/40,

and in accordance with 35 Ill. Admin. Code Part 105. In support of its petition, We

Energies states as follows:

Background

1.

We Energies is an electric generating utility with coal-fired power plants located

in southeastern Wisconsin. Currently, We Energies operates state-of-the-art Air Quality

Control

Systems ("AQCS") at its Pleasant Prairie Power Plant ("P4"). This plant is

located in

Pleasant Prairie, Wisconsin, approximately 3 miles north ofthe Illinois-

Wisconsin border. The

AQCS includes a forced oxidation wet limestone flue gas

desulfurization system

("FGD") to reduce sulfur dioxide ("S02") emissions.

QB\841 0989.3

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2.

We Energies is in the process of expanding and upgrading its Oak Creek Power

Plant ("OCPP"),

also located in southeastern Wisconsin. Like at P4, OCPP emission

controls will include similar FGD systems.

3.

The operation of the FGD system produces a calcium sulfate dihydrate

(CaS04-2H20) product, also know as gypsum.

4.

We Energies is committed to the beneficial use of the gypsum created through the

operation

of its FGD systems. The primary use for We Energies' gypsum has been in the

manufacture

of wallboard. In 2007, however, We Energies received inquiries from local

farmers in southeastern Wisconsin regarding availability

of their gypsum for agricultural

purposes. As a result

of these inquiries, We Energies sought to diversify the beneficial

use

of its gypsum product beyond wallboard production and into the agricultural

marketplace. In March

2008, We Energies received a Conditional Grant of Exemption

(the

"Exemption") from the Wisconsin Department of Natural Resources ("WDNR").

The Exemption allows gypsum, produced at P4, to be used as an alternative to natural

gypsum in appropriate agricultural applications. In May

2008, the Wisconsin

Department

of Agriculture, Trade and Consumer Protection ("DA TCP") issued We

Energies a Soil and

Plant Additive License (No. 65-017311) to distribute gypsum in

Wisconsin. Copies

of the Exemption and DATCP license were included as part of the

Request for a Beneficial

Use Determination (the "Request") submitted by We Energies to

the Illinois Environmental Protection Agency ("IEP A" or the "Agency"), a copy of which

is attached

as Exhibit

A.

5.

Agricultural benefits of gypsum application include: (1) serving as a source of

sulfur and calcium, two plant macronutrients; (2) reclaiming productivity of high sodic

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soils; (3) improving soil aggregation, which in tum increases water infiltration; (4)

reducing soil crusting and soil runoff; and (5) reducing phosphorus runoff

by reducing

the availability

of phosphorus in soil.

6.

By the end of2008, We Energies reported to WDNR and DATCP that it had

distributed approximately

7,000 tons of gypsum for use in agricultural operations in

Wisconsin. In

2009, to date, We Energies is on track to exceed the 2008 quantity of

gypsum used in Wisconsin agriculture.

7.

Because of the success and acceptance of We Energies' gypsum by Wisconsin

farmers,

We Energies received inquiries from farmers located in Illinois regarding the

availability

of gypsum for use in the state. Given the proximity of P4 to the Illinois state

line, We Energies would like to make its gypsum available to farmers in northern Illinois.

To facilitate this objective,

We Energies met with representatives from IEPA Bureau of

Water on April 1,2009 and gave a presentation concerning its Request (the

"Presentation").

1

A copy of the Presentation, which was also provided to the Agency at

the time, is attached as Exhibit B.

On April 1, 2009, We Energies also hand delivered the

Request, which was submitted pursuant to 415 ILCS 5/3.135(b), to the Agency.

8.

Following the April 1,2009 meeting, We Energies provided additional

information (via email to Mr. Al Keller dated April

6, 2009) which also restated their

offer to supply any additional information the Agency required to act on their Request.

A copy

of this correspondence is attached as Exhibit C. We Energies staff also made

1 When We Energies fIrst approached the Agency concerning a benefIcial use determination for its

gypsum, there was some confusion as to whether the request should be submitted to the Bureau

of Land or

the Bureau

of Water or whether both bureaus would be involved in this determination. After discussions

with both Bureau

of Land and Bureau of Water personnel, We Energies met with the Bureau of Water

because land application

of materials similar to We Energies' gypsum is generally permitted by the Bureau

of Water.

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numerous attempts to contact the Bureau of Water personnel to determine whether the

Agency needed additional information

to respond to its Request. Bureau of Water,

however, did not contact We Energies following the April

1, 2009 meeting and the

submittal

of the Request.

9.

On July 6,2009, We Energies received a denial of its Request, dated June 30,

2009.

A copy ofthe denial is attached as Exhibit D. Per the denial, the Request was

received by the Bureau

of Land on June 24,2009,84 days after receipt of the Request by

the Agency.

10.

The denial of We Energies' Request is timely appealed within 35 days of the

service

of the denial. 415 ILCS 5/3.135(b); 5/40(a); 35 Ill. Admin. Code § 105.206.

Grounds for Appeal

11.

Gypsum created by We Energies FGD systems meets the definition of a coal

combustion waste, as defined in § 3.140

ofthe Act. 415 ILCS 5/3.140. Section 3.l35 of

the Act defines those instances where a coal combustion waste, like We Energies'

gypsum, is beneficially used and appropriately re-classified

as a coal combustion by-

product

("CCB").

See

415 ILCS 5/3.l35. Section 3.l35(a) sets forth certain enumerated

approved uses for CCBs, including use

as a functional substitute for agricultural lime as a

soil conditioner.

See

415 ILCS 5/3.135(a)(6). Section 3.l35(b) sets forth the legislative

intention

to "encourage and promote the utilization of CCB in productive and beneficial

applications" other than those specifically included in subpart (a) of this provision. 415

ILCS 5/3.l35(b). Specifically, § 3.135(b) provides that the Agency must make a written

beneficial use determination that coal combustion waste is a CCB

if the applicant

demonstrates that:

QB\841 0989.3

4

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(1) the use will not cause, threaten or allow the discharge of any contaminant into

the environment; (2) the use will otherwise protect human health, safety and the

environment; and (3) the use constitutes a legitimate use

of the coal combustion

waste as an ingredient or raw material that is an effective substitute for an

analogous ingredient or raw material.

415 ILCS

5/3.

135(b).

12.

In its Request, We Energies proposed to use gypsum as a fertilizer, which is not

one

ofthe enumerated uses of CCB contained in § 3. 135(a) ofthe Act. Accordingly, We

Energies provided detailed information in its Request, including the attachments thereto,

that demonstrated its proposed use

of gypsum satisfied each of the three criteria

contained in § 3. 135(b) of the Act for use-specific CCB determinations. 415ILCS

5/3/135(b).

13.

In the denial, IEP A stated that We Energies did not meet the criteria of § 3.13 5 (b)

of the Act, 415 ILCS

5/3.13

5(b), in that it failed to demonstrate that the activity would

not result in a violation

of §§ 9(a); 12(a), or 21(a) ofthe Act, 415 ILCS

5/9, 5/12(a),

5/21

(a), because the following information was not provided:

1.

A description of the intermediate storage and processing of the coal

combustion by-product

("CCB");

2.

A discussion of the site-specific geology and the potential for constituents

of the CCB to migrate to groundwater;

3.

Volumes and timeframes for the use ofCCB to demonstrate that it is not

used in excessive amounts; and

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4.

Justification that the CCB is used beneficially, including procedures to

insure that the FGD gypsum will only be used on agricultural land in appropriate

volumes where soil types, soil conditions and crops will benefit from application

of the FGD gypsum.

14.

A careful review of the Request and the Presentation, however, demonstrates that

We Energies indeed provided detailed information responsive to each of the items set

forth in the denial letter as the basis for the Agency's denial

of its Request. We Energies

made numerous attempts to reach out to

IEP A and respond to any questions that they

may have had with regard to the information provided or the need for additional

information. As stated above,

IEP A did not contact We Energies in response to any of

the company's overtures. Accordingly, IEPA's denial of the Request is erroneous,

arbitrary, capricious and contrary to applicable law.

We Energies addresses each ofthe

alleged information deficiencies in tum.

15.

At the outset, it should be noted that

We Energies did provide IEPA with

information concerning its proposed distribution and agricultural use program for

gypsum. Specifically, We Energies noted in its Request that if IEP A did not impose

specific conditions in its beneficial use determination, the company intended to

"institute

a distribution and agricultural use program for Illinois that is consistent with that

specified by WDNR's [Exemption]," which was included as part ofthe Request. The

Exemption contains specific requirements for Material Testing (Exemption, p. 4,

~~

3,4);

Land Application (Exemption, p. 4,

~~

5-10); Storage (Exemption, p. 5,

~~

11-13);

Hauling (Exemption, p. 5,

~

14); and Reporting (Exemption, p. 5,

~

15). The company's

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proposed program was also detailed in the Presentation.

See generally,

Presentation,

Slide 29.

16.

With regard to the Agency's first alleged deficiency,

We Energies provided !EPA

with information concerning its proposed procedures for the intermediate storage and

processing

of the gypsum both at the April 1, 2009 meeting and as part of the Request.

This information included the storage and management

of the gypsum after it leaves the

plant and the procedures that would

be in place to ensure that there will not be excessive

loss

of the material so that it does not generate pollution through dust, runoff or migration

to groundwater.

17.

With regard to intermediate storage and processing

ofthe gypsum, We Energies

indicated at the April

1,2009 meeting that its intention was that the gypsum would be

hauled from P4 or OCPP to the farm location where it would be applied as a fertilizer?

Per

the Exemption included as part of the Request, material hauling would be completed

in a manner consistent with the requirements contained in Wis. Admin. Code

NR

538.16(2), which requires transport of materials in durable, leak-proof containers and

loading and hauling

of materials in such a manner that its contents do not fall, spill or

leak.

See

Exemption, p. 5,

~14.

As this material would originate in Wisconsin, the

requirements

of Wis. Admin. Code NR 538.16(2) would apply. Further, We Energies

committed to conformance with the applicable requirements

of 35 Ill. Admin. Code Part

391 Subpart C, which define transportation and storage requirements for the widely land

applied sludge, biosolids.

See

Presentation, Slide 29. The Wisconsin and Illinois

requirements for transportation

of this material are consistent.

2 Based on discussions with representatives of the Illinois Department of Agriculture, We Energies intends

to license the gypsum as a fertilizer in Illinois.

QB\8410989.3

7

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18.

With regard to storage of materials at the farm location, We Energies noted in its

Request that it proposed to follow the storage requirements outlined in the Exemption.

These procedures included outdoor storage

of a limited duration in a manner that will

prevent excessive dusting and the implementation

of best management practices to

prevent run-off

of the stored material.

See

Exemption, p. 5,

,-r,-r

11-13. The proposed

hauling and intermediate storage procedures are designed to protect against potential

exposure to the air, water

or land from these materials prior to their application. Further,

We Energies committed to conformance with applicable requirements of35 Ill. Admin.

Code

Part 391 Subpart D, which define application requirements for the widely land

applied sludge, biosolids.

See

Presentation, Slide 29. Collectively, these procedures

satisfy the requirements

of §§ 9(a), 12(a) and 21(a) of the Act. 415 ILCS 5/9(a); 5112(a),

5121

(a).

19.

Second,

We Energies addressed the Act's requirements related to the protection of

groundwater by providing IEP A with information comparing Illinois Class I groundwater

standards and leachate (ASTM D-3987-85) generated from

We Energies' gypsum and

various similar agricultural products.

We Energies also provided a comparison of

potential heavy metal loadings from We Energies' gypsum application with the

Maximum Application Rates for biosolids found at 35 Ill. Admin. Code

§ 319.420.

See

Request, pp. 4-5.

20.

It

is We Energies' beliefthat IEPA's statement concerning site-specific geology

and potential for migration stems from a concern that the gypsum will contaminate

groundwater. Since

We Energies is not currently marketing gypsum in Illinois, it cannot

provide site-specific information for the fields where the gypsum will be applied. The

QB\841 0989.3

8

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data provided by We Energies, however, demonstrates that the quality of leachate from

gypsum is similar to other agricultural products used throughout Illinois and that with

regard to heavy metals, the data demonstrates that land application

of We Energies'

gypsum, at typical agronomic rates

of up to 2 tons/acre, is well under Part 391 loading

rates.

See

Request, pp 3-5;

see also

35 Ill. Admin. Code Part 391.420. Additionally, as

part

of We Energies' proposed distribution and use plan, the company would perform an

annual material characterization

of the gypsum.

See

Exemption, p. 4,

~

3. Accordingly,

application

of gypsum consistent with typical agronomic rates would pose significantly

lower risk to human health and the environment than other materials already approved for

use throughout Illinois.

21.

Third, We Energies provided the Agency with information concerning the

volumes

of material and the timeframes for use of the gypsum in Wisconsin.

See

Request

at p.

2. At the meeting, We Energies noted that it anticipated similar market acceptance

in Illinois as it has observed in Wisconsin and that distribution would

be most likely

limited to northeastern Illinois given the proximity

of the area to We Energies' plants and

the lack

of gypsum production north of the Interstate 80 corridor.

See generally

Presentation, Slide 15. As stated above, We Energies has not actively marketed its

gypsum in Illinois. Therefore, it is not possible to project the exact volumes

of materials

that will

be used. We Energies did note that agronomic rates are typically up to 2 tons

per acre.

See

Request, p. 3.

22.

Additionally, We Energies' proposed distribution and agricultural use program for

gypsum, as set forth in the Exemption, addresses the application

of gypsum in an

environmentally sound manner.

Under We Energies' proposed agricultural use program,

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as embodied in the Exemption, application of gypsum would also be undertaken

consistent with accepted agricultural practices.

See

Exemption, p. 5,

~

10. Gypsum

would not

be repeatedly applied so that excessive amounts of hazardous substances

would accumulate in the soil or cause a detrimental effect

on surface water or

groundwater quality, and best management practices for surface water protection would

be used.

See

Exemption, p. 5,

~~

8-9. Farmers would be provided with information

concerning these agronomic and environmental practices to ensure appropriate

application

of the gypsum.

See

Exemption, p. 4,

~

5. Further, We Energies stated that it

was its intention to distribute gypsum in conformance with the public distribution

program requirements, contained in 35 Ill. Admin. Code § 391.204, through a contracted

distribution partner that would provide agronomic expertise to assure application at rates

appropriate for the specific field and crop under consideration.

See

Presentation, Slide

29.

23.

Finally,

We Energies provided sufficient justification that gypsum would be used

beneficially. While as noted

by the Agency in the denial letter, gypsum is not needed for

all soil types, soil conditions

or crops, there are crops and soils that benefit from the use

of gypsum. We Energies included in its Request several documents addressing the

benefits

of gypsum.

See

Request, Attachments: U.S. EPA FGD Gypsum Factsheet,

USDA Factsheet, and OSU Gypsum Factsheet. Farmers knowledgeable about their soil

and their crops will seek

out gypsum where it is needed and will not expend the cost or

effort to apply this material where it would not help or would harm their crops. The

growing use

of gypsum across the Illinois border in southeastern Wisconsin and Indiana

suggests that farmland in northeast Illinois

may also benefit from gypsum.

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24.

While We Energies believes that farmers will elect to use gypsum only for those

soils and crops where its use is beneficial and cost effective, the company notes that, as

part

of its proposed distribution and use plan, it would distribute gypsum through a

contracted distribution partner that would provide agronomic expertise to assure

application at rates appropriate for the specific field and crop under consideration.

We

Energies is providing information concerning soil and crop application rates to WDNR,

the University

of Wisconsin Extension offices and the United States Department of

Agriculture offices in the counties where the gypsum is being used.

See

Exemption, p. 4,

~

7. To the extent soils in Illinois differ, We Energies' distribution partner would make

additional determinations, and

We Energies would provide that information annually to

IEP A and the Illinois Department

of Agriculture if that information would be helpful to

the Agencies.

See generally,

Presentation, Slide 29. As stated above, information

concerning appropriate application rates for gypsum for the various soil types where it

may be used will be provided to the farmers purchasing or receiving gypsum.

See

Exemption, p. 4,

~

5. These steps will ensure that where farmers believe the use of

gypsum is beneficial, it will be appropriately applied with environmental considerations

in mind.

WHEREFORE, for the foregoing reasons, We Energies requests that the Board

vacate the

Agency's denial of We Energies' Request for a Beneficial Use Determination

to allow the use

of gypsum from its FGDs as a fertilizer in agricultural applications in

Illinois.

We Energies further requests that the Board find that We Energies' FGD

gypsum is a coal combustion by-product, as defined in § 3.135

of the Act, 415 ILCS

5/3.135, and that the Company can market and utilize its FGD gypsum in Illinois in a

QB\8410989.3

11

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manner consistent with its proposed distribution and agricultural use program embodied

in

WDNR's Conditional Grant of Exemption, attached to its Request and this Petition.

Dated: July 30, 2009

Cynthia

A.

Faur

Quarles

&

Brady LLP

300

North LaSalle Street

Suite

4000

Chicago, Illinois 60654-3422

(312)

715-5000

QB\841 0989.3

Respectfully submitted,

Wisconsin Electric

Power Company,

o--:=>-

12

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EXHIBIT A

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March 31, 2009

Mr.

Alan Keller, P.E.

Manager, Permit Section

Division of Water Pollution Control

Illinois Environmental Protection Agency

1021 North Orand Avenue East

Springfield, IL 62794-9276

we

energies~

231 W. Michigan Street

Milwaukee, WI 53203

www.we.energies.com

SUBJECT: Request for Beneficial Use Determination: Synthetic Gypsum from Flue

Gas Desulfurization Process

Dear Mr. Keller:

As provided in 415

ILCS 5 Section 3.1 35(b), Wisconsin Electric Power Company (doing

business as We Energies), a wholly owned subsidiary

of Wisconsin Energy Corp.

requests the Illinois Environmental

Protection Agency (IEPA) review this application and

provide a written Beneficial Use Determination (BUD) that synthetic gypsum produced

as a by-product

offlue gas desulfurization (FOD) is a Coal Combustion By-product

(CCB) when used for agricultural purposes in the

State of Illinois.

As part

of We Energies commitment to upgrade the environmental performance of

existing coal-fired generating facilities, state-of-the-art air quality control system were

added to the

Pleasant Prairie Power Plant (P4) located in Pleasant Prairie, WI. The

upgrade included a Selective Catalytic Reduction

(SCR) system to reduce NOx emissions

and a wet FOD system to reduce S02 emissions. Additionally, SCR and wet FOD

systems are presently being installed on two existing generating units at our Oak Creek

Power Plant (OCPP) to further reduce NOx and S02 emissions. Lastly, two new coal-

fired generating units are under construction at

OCPP and include SCR and wet FOD

systems.

The FOD systems at both P4 and OCPP are all very similar wet limestone forced

oxidation systems. In this process, as the flue gas passes through the wet scrubber, it is

mixed with a limestone

(CaC0

3)

slurry. The limestone slurry reacts with the flue gas,

absorbing sulfur

dioxide

from the flue gas and forming calcium sulfite (CaS03). Air

(oxygen) is then blown into the absorber tank to further oxidize the calcium sulfite into

calcium sulfate

(CaS04-2H20) also known as synthetic gypsum. The synthetic gypsum

slurry is dewatered through a hydrocIone and a vacuum filter system before it is

conveyed to an enclosed storage building prior to shipment to beneficial use markets. A

second by-product filter cake, again mostly gypsum,

is produced by the FOD wastewater

treatment process. This filter cake, managed separately from the synthetic gypsum, is

currently landfilled and

is not a part of this request.

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We Energies Synthetic Gypsum Beneficial Use Determination Request

March 31,

2009

Page

2 of5

We Energies, in part, selected forced oxidation FGD systems for both P4 and OCPP over

other technologies because the production

of high purity (>95%) synthetic gypsum has

well established beneficial use markets. Production of high purity synthetic gypsum

supports We Energies commitment to minimizing the landfilling

of beneficially usable

coal combustion products.

In

2007, We Energies received numerous inquiries from local farmers regarding the

availability

of FGD gypsum for agriculture purposes. As a result of these inquiries, We

Energies seized the opportunity to diversify the beneficial use of gypsum beyond wall

board production. In March

2008, We Energies received a Conditional Grant of

Exemption (Exemption) from the Wisconsin Department of Natural Resources (WDNR).

The Exemption allows synthetic gypsum produced at

P4 to be used as a substitute for

natural gypsum in appropriate agricultural applications. In May

2008, the Wisconsin

Department

of Agriculture, Trade and Consumer Protection (DATCP) issued We

Energies a permit to distribute synthetic gypsum as a

"soil and plant additive" in

Wisconsin.

In

2008, the P4 FGD system produced approximately 78,000 tons of synthetic gypsum.

By the end of2008, approximately 7,000 tons of synthetic gypsum were distributed and

used in various agricultural applications in Wisconsin.

Other than a small inventory of

synthetic gypsum remaining at the 2008, the majority of the material produced was

utilized in wall board production. In the first couple

of months of 2009, more that 4000

tons of gypsum have been delivered to Wisconsin farmers. Wall board production will

continue to be We Energies primary market for beneficial use

of the high purity gypsum,

however, wall board demand for the basic gypsum feedstock varies seasonally as well as

from year to year, depending on market demand for wall board.

For years, mined or natural gypsum has been used in agricultural applications as a

fertilizer and soil amendment. Agricultural benefits

of gypsum include:

./ Source of plant nutrients sulfur (S) and calcium (Ca)

./ Increased productivity of high sodic (sodium; Na) soils

./ Improvement in soil aggregation which in tum increases water infiltration

./ Reduction of soil crusting and soil runoff

./ Reduction of runoff of phosphorus by reducing the availability of phosphorus in

the soil

Because

ofthe success and acceptance of P4 synthetic gypsum by Wisconsin farmers we

have received inquiry from farmers in Illinois regarding the availability

of synthetic

gypsum. Given the proximity

ofP4 to the Illinois-Wisconsin state line, We Energies

wishes to make synthetic gypsum available to Illinois farmers.

Attached you will find information that supports the approval

of synthetic gypsum as a

CCB. We Energies has generated this information to support the initial request for the

WDNR Exemption as well as the annual reporting requirements

of the Exemption.

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We Energies Synthetic Gypsum Beneficial Use Determination Request

March 31,

2009

Page

3 of5

~

Table 1 provides a comparison of leachate (ASTM D-3987-85) generated from

various agricultural products, We Energies P4 synthetic gypsum to Illinois Class I

Potable Groundwater Standards. These data illustrate that the quality of leachate

from synthetic gypsum is similar to other agricultural products. The data also

show that the Class I sulfate standard

is exceeded for all comparable agricultural

products, which

is understandable as these products are purposefully applied to

provide a readily soluble form of the plant nutrient Sulfur.

~

Table 2 provides a comparison of potential heavy metals loadings from synthetic

gypsum with Title 35

Part 391 Maximum Application Rates for sludges. Part 391

rates were selected for comparison given the well established regulatory

framework for land application

of biosolids and lack of specific criteria within

Title 35 Subtitle G regulations. The data demonstrate that land application

of

synthetic gypsum, at typical agronomic rates of2 tons/acre, is well under Part 391

loading rate limits.

Also attached are

US EPA, USDA and university research factsheets regarding the

benefits

of gypsum, mined and synthetic.

Collectively, the attached information clearly demonstrates that FGD gypsum satisfies

the criteria

of 415 ILCS 5 Section 3.13 5 (b) that the beneficial use:

./ Will not cause, threaten, or allow the discharge of any contaminant into the

environment;

./ Will otherwise protect human health and safety and the environment; and

./ Constitutes a legitimate use of the coal combustion (byproduct) waste as an

ingredient or raw material that

is an effective substitute for an analogous

ingredient or raw material

Following your written determination that synthetic gypsum is a CCB it is We Energies

intent to register synthetic gypsum produced at

P4 with the Illinois Department of

AgricyIt1Jr~

CIPOA). ltisals_oQur intent, ifthere are no conditions included in your

BUD, to institute a distribution and agricultural use program for Illinois that

is consistent

with that specified by WDNR's Conditional Grant

of Exemption (also attached).

On behalf of We Energies, I look forward to working with the Agency staff to expedite

this request and address any issues that may arise.

Please do not hesitate to call me (414-

221-3948) regarding this request,

I'd be happy to answer any questions that you may

have.

Sincerely,

Robert

~?~

Paulson

Senior

Environmental Consultant

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

We Energies Synthetic Gypsum Beneficial Use Determination Request

March 31,

2009

Attachments:

Table I. Synthetic gypsum leachate analytical data

Table 2. Synthetic gypsum bulk analytical data

USEP A FGD Gypsum factsheet

USDA Factsheet

OSU Gypsum factsheet

WDNR Exemption

WDA TCP License

Page 4 of5

Table 1. Comparison of ASTM Water Leach Test Results for Various

Agricultural Products and We Energies P4 Synthetic Gypsum with Illinois Class I

Potable Groundwater Standards.

IL Class I

Pelletized

Ammonium Aluminum

P4Gypsum

Potable

Gypsum

Sulfate

Sulfate

Dec-08

Groundwater

Parameter

Units

Standards

AC81151

AC81152

AC81153

AD04436

Dissolved Aluminum

mgll

0.75

0.016

3500

0.36

Dissolved Antimony

mgtl

0.006

0.00058

<

0.00024

0.028

<

0.00025

Dissolved Arsenic

mgtl

0.05

<

0.0026

<

0.0026

<

0.026

<

0.001

Dissolved Barium

mgll

2.0

0.083

<

0.0055

<

0.055

0.027

Dissolved Beryllium

mgtl

0.004

<

0.00085

<

0.00085

0.02

<

0.00023

Dissolved Boron

mgtl

2.0

0.083

0.0087

0.2

0.01

Dissolved Cadm ium

mgtl

0.005

0.00034

0.00026

<

0.0025

0.00014

Chloride

mgtl

200

8.9

<

0.6

66

.0.65

Dissolved Chromium

mgtl

0.1

0.012

0.012

<

0.032

0.000097

Dissolved Cobalt

mgtl

1.0

not analyzed not analyzed

not analyzed

0.00068

Dissolved Copper

mgtl

0.65

0.0054

0.0019

0.019

<

0.00029

Dissolved Cyanide

mgtl

0.2

0.032

<

0.006

<

0.006

0.0091.

Dissolved Fluoride

mgtl

4.0

<

0.06

1.3

3.4

8.0

Dissolved Iron

mgtl

5.0

1.7

0.29

<

2.5

0.031

Dissolved Lead

mgtl

0.0075

0.021

0.00028

0.0021

<

0.000038

Dissolved Manganese

mgtl

0.15

0.5

0.03

0.062

0.065

Mercury

mgtl

0.002

<

0.000012

<

0.000012

<

0.000012

0.00012

Dissolved Molybdenum

mgtl

0.0061

0.0079

0.016

0.00045

Dissolved Nickel

mgtl

0.1

0.014

0.017

0.038

0.0018

Nitrate-Nitrite as N

mgll

10

0.68

4.3

3.4

0.05

Dissolved Selenium

mgtl

0.05

<

0.0046

0.0049

<

0.046

0.042

Dissolved Silver

mgtl

0.05

<

0.00065

<

0.00065

<

0.0065

<

0.000068

Sulfate

mgtl

400

1750

35300

24900

1400

Dissolved Thallium

mgtl

0.002

0.00012

0.000092

0.0019

<

0.000028

Dissolved Zinc

mgll

5.0

0.022

0.02

0.6

0.0024

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

We Energies Synthetic Gypsum Beneficial Use Determination Request

March 31,

2009

Page

5 of5

Table 2. Comparison of Synthetic Gypsum Heavy Metals Application Rates with

Title 35 Part 391 Maximum Application Rates.

Part 391.420 Maximum

Lifetime

Synthetic Gypsum

Application Loading Rates

applications

Maximum

Concentration

Heavy Metals

(tons/acre) to

annual

(as

applied basis)

Lifetime

Annual

reach lifetime

application rate

Parameter

mg/kg

Iblton

Ib/acre

Ib/acre

loading rate

(tons/acre)

Antimony

0.13

0.00026

700

2692308

Arsenic

< 0.43

0.00086

100

116279

Cadmium

0.042

0.000084

10

2

119048

23810

Chromium

< 0.06

0.00012

440

44

3666667

366667

Copper

1.2

0.0024

250

104167

Lead

1.5

0.003

1000

333333

Manganese

< 0.026

0.000052

900

17307692

Mercury

0.97

0.00194

7

3608

Nickel

2.6

0.0052

100

19231

Selenium

12

0.024

8

333

Silver

< 0.63

0.00126

178

141270

Zinc

5.5

0.011

500

45455

---

&EPA

United States

Environmental Protection

Agency

March

2008

EPA530-F-08-009

www.epa.gov/osw

Agricultural Uses for Flue Gas

What Is Gypsum?

Gypsum is calcium sulfate dihydrate, or CaSO/2H

2

0, which can come from a

number

of sources. Mined gypsum is a common mineral found around the world

in sedimentary rock formations, from which it is mined or quarried. FGD gypsum

is a synthetic material of identical chemical structure produced as a byproduct from

coal-fired electric utilities.

Other sources of gypsum include phosphogypsum,

citro gypsum and fiuorogypsum, which are byproducts

of different chemical

manufacturing processes

1

•

Gypsum has many beneficial uses, including agricultural applications, wallboard

products for residential and commercial buildings, as an ingredient in portland cement

manufacturing, and as a filler ingredient in some foods and toothpaste. Because

of its

relatively high degree

of purity, FGD gypsum can be used as a substitute for mined

gypsum in many uses, while also realizing important environmental benefits that

result from recycling this byproduct material.

Gypsum in Agriculture

Both mined and FGD gypsum can be used as a soil amendment in a range of soil

and hydrogeologic conditions. Gypsum can be used

as a nutrient source for crops; as

a conditioner to improve soil physical properties, and water infiltration and storage; to

remediate sodic (high sodium) soils; and to reduce nutrient and sediment movement

to surface waters, among other uses. The

United States Environmental Protection

Agency

(USEPA) and the United States Department of Agriculture (USDA) support

the use

of FGD gypsum in appropriate soil and hydrogeologic conditions as an

effective method

of soil conservation and industrial material recycling. However,

before applying any fertilizer or other soil amendment, including FGD gypsum, it

is important to first assess the amendment material and soil conditions to determine

compatibility and appropriate application rates.

1

This brochure does not address these sources

of gypsum.

---

FGD Gypsum

FGD gypsum is created by forced oxidation scrubbers attached to coal-fired

power plants

to limit emissions of the sulfur which is released when coal is burned.

The scrubbers spray liquid lime

or limestone slurry into the flue gas path, where it

reacts with sulfur in the gas to form calcium sulfite, an intermediate product with

little practical value. However, when the chemical reaction is pushed further by

the introduction

of air into the FGD absorber tank, the calcium sulfite reacts to

become gypsum. The material is then dewatered and processed; the end product is a

consistent, finely divided powder. This process is known as flue gas desulfurization

(FGD), and the gypsum produced is known as FGD gypsum.

The term FGD gypsum is the name most often used

by generators of the material.

Other names include recaptured gypsum, byproduct gypsum, and synthetic gypsum.

All of these terms refer to the same material produced by the forced oxidation

process. The gypsum in both FGD gypsum and mined gypsum has the same basic

chemical makeup- CaSO/2H

2

0;

however, the amount and types of trace materials

and unreacted sorbents found in the gypsum can vary among power plants and among

mines

2

•

If you are considering using FGD gypsum products as a soil amendment, it is

appropriate that the chemical analysis of the material be provided by all commercial

sources to support decision-making in their use, as

States may have regulations and

standards that need to be followed.

To this end, it is advisable to contact your State's

department of agriculture or State extension service before FGD gypsum is used as a

soil amendment.

The Future of FGD Gypsum

According to the American Coal Ash Association's annual Coal Combustion

Product Production and Use Survey, total production ofFGD gypsum in 2006

was approximately 12 million tons. Close to 9 million tons ofFGD gypsum was

put to beneficial use, while the remainder was landfilled. Of the amount used,

approximately 80 percent was used in wallboard products, and about 2 percent

(168,190 tons) was used in agriculture, with most of the rest being used in concrete

and cement applications. In the future, FGD gypsum may find more use as filler

in plastics and fiberglass, as well as in reducing mine subsidence, re-contouring

landforms, and improving soil conditions at mining sites.

2

Information about constituent concentrations in mined and FGD gypsum may

be found at http://www.epa.gov/epaoswer/osw/conserve/c2p2/ccps/fgd.htm.

---

Over the next ten years, annual production of FGD gypsum may double as more

coal-fired power plants come online, and as scrubbers are added to existing power

plants to comply with the EPA's Clean Air Interstate Rule and other requirements. It

is anticipated that the majority

of the new scrubbers will produce FGD gypsum,

although in some parts of the country power plants may select dry scrubbers,

resulting in materials

other than FGD gypsum.

Agricultural Applications of Gypsum

This increased supply is

an opportunity to explore There

are three general uses of gypsum in agricultural

the expanded use ofFGD applications:

gypsum as a soil

amendment.

Ongoing

and future research and

demonstration projects

will

be able to assist

people in making

decisions about the use

of

FGD gypsum.

A source

of nutrients for plants

Improvement of soil physical

and chemical

properties

Reduction in

the transport of nutrients, sediment,

pesticides

and other contaminants to surface waters

Current Uses of Gypsum in Agriculture

Nutrient Source

Gypsum is rich in calcium and sulfur, two nutrients essential to all crops. The

most common application

of gypsum is to crops that have high calcium requirements,

or to areas that have calcium-poor soils. Peanuts have particularly high calcium

requirements, and gypsum often is added to peanut fields to increase yield and quality

of the crop. Many fruits, vegetables, and cereals also can benefit from increased

calcium availability; in particular, fruits such as tomatoes and cantaloupes need

calcium for skin strength, and growers may add calcium to produce fewer blemishes

and a longer

shelf life.

Sulfur fertilization also is required for many crops, and gypsum can be an

effective sulfur source. There is a growing need for sulfur addition to soils, since

atmospheric deposition

of sulfur has decreased, and most nitrogen and phosphorus

fertilizers no longer contain significant amounts

of sulfur. Sulfur is sometimes a

constituent

of nitrogen and phosphorus fertilizers, but gypsum also can be an effective

sulfur source for some crops.

In

addition to calcium and sulfur, gypsum, depending

on its source, may provide essential micronutrients to plants.

Soil Improvement

Gypsum is helpful in treating sodic soils and soils suffering from crusting and

other structural problems. Gypsum is more readily soluble in water than other

calcium-rich soil amendments such as limestone, and therefore moves throughout

the soil column more easily. Calcium ions from gypsum displace excess sodium

---

and other ions, which then become mobile and diffuse. The calcium ions reduce

dispersion

of soil particles by promoting the aggregation of clay particles. This

improves soil structure and stability and prevents soil crusting. Reduced crusting

and better particle aggregation allow for greater water infiltration and storage in soil,

thereby reducing runoff and erosion. These soil structural improvements also ease

the emergence

of seedlings and allow roots to penetrate further into the soil to take

advantage

of the additional stored moisture.

Mitigation of Contaminant Transport to Surface Water

In addition to water quality benefits associated with reduced runoff and erosion,

FGD gypsum application can reduce the solubility of nutrients such as phosphorus in

livestock and poultry manure and soils treated with manure. Gypsum converts readily

soluble phosphorus to less-soluble forms, which can reduce the runoff

of phosphorus

into adjacent streams, lakes, or ground water. Excess phosphorus in runoffleads to

water quality problems, including algal blooms and eutrophication

of water bodies.

Gypsum Decisions in Agriculture

Recycling coal combustion products (CCPs) and other industrial materials

can result in significant environmental benefits, including reduced greenhouse gas

emissions, less use

of virgin materials, and decreased use oflandfills. The USEPA's

Coal Combustion Products Partnership (C2P2) (http://www.epa.gov/epaoswer/osw/

conserve/c2p2/) aims to increase recycling

ofCCPs, including FGD gypsum. In

addition to its environmental benefits, FGD gypsum may be less expensive for users

than mined gypsum, although transportation costs can

be a factor in evaluating the

practicality

of using FGD gypsum as a gypsum source.

As with any fertilizer or chemical additive, there are a range

of considerations

that should be kept in mind when deciding whether to apply gypsum. Gypsum is

not suitable for all soil types, soil conditions. or crops. Appropriate application rates

should be determined to accomplish specific soil improvement goals, while not

exceeding state limits on the use

of individual constituents. In general, application

rates

of up to two tons per acre should be sufficient to accomplish most agronomic

and horticultural objectives

3

•

In situations where there is excess sulfur in the soil, the amount of gypsum to be

added should be balanced against copper nutrition in animals, as high levels

of sulfur

in feed can interfere with copper absorption. Boron concentrations in FGD gypsum

typically are higher than in natural gypsum sources; therefore, crops sensitive

to

boron uptake such as cherry, peach and kidney bean may require lower application

rates. The high calcium and sulfur content

of gypsum can cause an imbalance in

other soil nutrients, such as magnesium; therefore, soil nutrient characteristics,

and potential plant and animal uptake,

of these and other constituents should be

understood and considered before deciding whether to use any gypsum product.

3

Donstova et al. and other sources

---

In determining the environmental suitability of FGD gypsum for a particular location,

you may find the

USEPA's Industrial Waste Management Evaluation Model

(lWEM) and the chapter on land application (Chapter 7) in the associated

Guide

for Industrial Waste Management

(http://www.epa.gov/epaoswer/non-hwlindustd/

guide/index.htm) to

be useful resources. You should also consult with your State's

department

of environmental protection to comply with any regulations pertaining

to the management

ofCCPs. You may also find it helpful to consult with your

State's department

of agriculture and agricultural extension service, and with the

USDA Natural Resources Conservation Service.

J.ft:iU t:iypsum BeneficIal

Use

LonsideratIons

UeClSlon

Things to ConsIder

Resources

l.

Is gypsum a good

.

"1 )'pes ot crops

.

State department

choice for

my needs?

.

Nutrient requirements

of agriculture/ago

of crops

extension agency

.

Soil structure

.

USDA Natural

.

Soil chemical profile

Resources Conservation

Service

1.. It gypsum IS a good

.

Trace element

• State department

choice, should

I

use

sensitivity

of crops

of agriculture/ago

FGD gypsum?

.

Purity of available FGD

extension agency

gypsum

•

Fertilizer supplier

.

Cost differential

:.:s.

Is the use ot

• Ground water

• State departments

FGD gypsum

.

Direct exposure

of environmental

environmentally

.

Ecosystem impacts

protection

protective?

.

Surface waters

.

EPA's

Guide for

Industrial

Waste

References and Websites

The references and Websites below provide additional information and studies

about the uses of gypsum in agriculture.

Clark, R.B., K.D. Ritchey, and

V.C. Baligar (1999) "Benefits and Constraints for

use ofFGD Products on Agricultural Land."

Fuel,

80:821-828.

Donstsova, K.,

YB. Lee, B.K. Slater, J. M. Bigham (no date)

Gypsum/or

Agricultural Use in Ohio

-

Sources and Quality of Available Products.

Ohio State

University Extension Fact Sheet. School of Natural Resources, The Ohio State

University, Columbus,

OH. Available online at: http://ohioline.osu.edu/anr-fact/0020.

html.

EPA (2003)

Guide/or Industrial Waste Management.

U.S. Environmental

Protection Agency. EPA530-R-03-001. February.

Korcak,

R.F.

Utilization o/Coal Combustion By-Products in Agriculture and

Horticulture.

U.S. Department of Agriculture, Agricultural Research Service.

Beltsville, Maryland.

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

OSU (2006)

Gypsum for Agricultural Use in Ohio--Sources and Quality of

Available Products.

Ohio State University Extension Fact Sheet, ANR-20-05.

Available online at: http://ohioline.osu.edu/anr-fact/0020.html. Accessed August,

2007.

Smith,

1. (2006)

Management of FGD Residues.

IEA Clean Coal Centre.

London, United Kingdom. August.

Stout, W.L., J.L. Hem, R.E Korcak, and C.W. Carlson (1988)

Manualfor

Applying Fluidized Bed Combustion Residue to Agricultural Lands.

RS-74. U.S.

Department of Agriculture, Agricultural Research Service, Washington, DC.

USGS (2005)

Major- and Trace-Element Concentrations in Soils from Two

Continental-Scale Transects of the United States and Canada.

Open-File Report

2005-1253, U.S. Geological Survey. Available online at: http://pubs.usgs.gov/

of/200511253/.

Accessed September 13,2007.

For More Information

--USDA Natural Resources Conservation Service:

http://www.nrcs.usda.gov/partners/for_farmers.html

--USEPA

C2P2 Website:

http://www.epa.gov

1 epaoswerl oswl

conservel c2p2

--USEPA Industrial Waste Management Website:

http://www.epa.gov/epaoswer/non-hwlindustd/guidelindex.htm

--FGD Products Website:

http://www.fgdproducts.org/

--Information sheets on agricultural gypsum use from a leading distributor:

http://www.gypsumsales.comlgyp_whitepapers.html

--A paper on agricultural gypsum use from a distributor:

http://www.dktgypsum.comlnews_content7.html

--Information sheet on FGD gypsum from the American Coal Ash

Association:

http://www.acaa-usa.org/PDF/EnvFocusFina13g2.pdf

Acknoweldgements

EPA gratefully acknowledges the following organizations for their contributions

to its preparation:

-- United

States Department of Agriculture

-- Agricultural Research

Service

-- United States Department of Energy--National Energy Technology Laboratory

--

USEPA Office of Air and Radiation

--

USEPA Office of Research and Development

-- American Coal Ash Association

-- Electric Power Research Institute

---

United States Department of

Agriculture

Agricultural Research

Service

Micrograph of soil surface

sealed after a two inch

rainfall

event. The seal limits water

infiltration and air exchange

between the

soil and the

atmosphere.

Gypsumfactoids .

• Gypsum is anat:ural

I>ubstance

..

Primary .compQ.nei:lt

,.

.

or.

.

drywall

.Byproductofpollu~i().n

.reductiori iri coal fueled

power plants

eNorma} applibttion

r;it~s

,ofl-2tonlaj:retosoil .

su'riai::e

Random corn plants with the

same fertility, planting date and

genetics

from the same field

without gypsum on the left and

with gypsum on the right.

National Soil Erosion Research Laboratory

2755., Russell St., West Lafayette, IN 47907-2077

FACT SHEET: GYPSUM

Gypsum is a naturally occurring mineral that

most

people know as the main component in

sheet rock or gypsum board. It is normally

mined for this purpose but increasingly large

quantities are produced from

the scrubbing of

flue gases from

coal fired combustors to

achieve clean air standards (Synthetic gypsum).

Gypsum

is calcium sulfate dihydrate (CaS0

4

x

2H

2

0) with a widely varying range of impurities

depending on the geologic formation and it

also varies widely in particle size due to the

grinding procedure.

Gypsum ready for

field application

Synthetic gypsum

is normally much purer and

has nearly constant silt sized particles due

to

the nature of the production process.

Synthetic gypsum

is lower in heavy metals than

soil that it is applied to and contains 19%

Calcium (Ca) and 15% Sulfur (S) which are

both essential

plant nutrients that most

farmers have not traditionally been concerned

with. Most

of our soils are naturally high in Ca

except when am mended with Dolomitic

lime

or subjected to acid weathering from addition

of acidifying fertilizers. Because

of this, the

amount of Ca decreases from the natural

levels and is replaced by acid, Magnesium (Mg)

or Aluminum (AI). Ca for many plants is

required in large amounts because of its

involvement

in such basic cellular processes as

cell wall health and strength and must be

added

to many crops when the ability of the

soil to supply Ca is less than the plant

requirement. Unlike agricultural

lime which

needs acid

to react with soil, gypsum will react

with rainwater and dissolve

at a rate of 475 Ibs

per acre after I inch of rainfall. The Ca ions

move into

the soil where they displace AI ions

(if present) which are a major source of soil

acidity. Gypsum, per se, is not a liming material

since

in most states liming materials are

defined based on acid neutralizing capacity,

however, it

may increase pH when the soil

acidity

is due to exchangeable AI. Since gypsum

is a neutral salt the equilibrium pH is 6.7 which

is within the optimum range of pH for soil to

provide nutrients

to

plants. Another

significant

difference

between

agricultural liming materials and gypsum

is that gypsum can dissolve and move

the Ca to lower soil layers where it can

alleviate toxic AI effects at depth in the

soil profile. Thus allowing greater depth of

rooting which can make significant differences

in yields especially when production is limited

by available water.

WEB SITE

http://topsoil.nserl.purdue.edu/fpadmin/

---

'Ot.Darrell Norton

·t?:#p~-AR$

. .. . ..... ' >\':

Y>

'.Nlit;onal

Sbil Erosion

ReSe~ri:h

tab

275:5.' Russell Street

West Lafayette.

IN

47907-2077.

Phone:

765-494-8673

~

765"494-5948

"Both President Thomas

Jefferson and Benjamin

Franklin were early American

agriculturalists who saw the

value

of

using gypsum.

Actually, Franklin applied

gypsum

to a

hillside near

Hershey, PA

to

read

prominantly in green 'This Hill

has Been Plastered'

an

early

name for gypsum, hence, the

name

"land plaster".

National Soil Erosion Research Laboratory

275 S., Russell St., West Lafayette,

IN

47907-2077

• Gypsum is a soluble source of S for plants.

• Sulfur is important for protein formation in plants.

• Studies (see above) from Dr. Warren Dick of the

Ohio State University. Wooster. Ohio show S in

rainfall has been greatly reduced since the late 1970's

• These same studies show a yield increase in corn

from S fertilization.

• This leads

to

reduced erosion and improved water

use efficiency that is well documented in the scientific

literature and leads to increased available water and

crop yield as shown in yield map below.

• "The greatest benefit of gypsum addition is on better

water/air infiltration and drainage and stabilizing soil

structure which results in decreased crusting. ". L. D.

Norton

Effect of Gypsum on infiltration/drainage on a Paulding clay.

Soybean yield with 1 tla surface applied gypsum in

2005 on Blount complex field. Treated area inside

black dashed line.

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

Extension

ANR-20-05

School of Natural Resources, 2021 Coffey Road, Columbus, Ohio 43210

Gypsum for Agricultural Use in

Available

Katerina Dontsova

Products

Post-doctoral Researcher

Brian

K.

Slater

State Extension Specialist

The Role

of Gypsum

as a Soil Amendment

Gypsum is hydrated calcium sulfate (CaSO 4

.2HP),

and is often marketed as a soil "conditioner" for improv-

ing soil "tilth." Compared to most other calcium-rich soil

amendments, such as limestone, gypsum is relatively

soluble

in water, dissolving up to 2 g per liter. The solu-

bility of gypsum, when either incorporated or surface

applied, permits a quick release

of calcium (Ca

2

+)

and

sulfate

(SO/") ions into the soil solution. The supply of

dissolved salt and Ca

2

+

ions, in particular, may reduce soil

crusting (Figure

1) and otherwise benefit soil structure.

The aggregation

of clay particles that help to form and

stabilize soil structure is clearly enhanced

by the presence

of calcium on clay exchange sites.

It

is important to note that pure gypsum is not a liming

agent, and it cannot be used to raise soil pH. However,

gypsum has the potential to relieve aluminum

(AP+)

toxicity in acid soils and to supply calcium and sulfur (S)

for plant nutrition. Some natural and synthetic sources of

gypsum also contain other chemical compounds, such

as calcium carbonate (agricultural lime), calcium oxide

(burned lime), or calcium hydroxide (hydrated lime).

These materials

do

have a liming effect when applied to

soil,

but are not discussed further in this publication.

The objectives

of this fact sheet are to review possible

sources

of gypsum for agricultural use in Ohio, and to

report results from chemical and mineral analyses

of

representative samples.

Yong Bok Lee

Post-doctoral Researcher

Jerry M. Bigham

Professor

Figure

1.

1nhibition of soybean seedling emergence by severe

Sources and Mineral Composition of

Gypsum Materials

There are several possible sources of gypsum currently

available for agricultural use in

Ohio.

These include:

• Natural gypsum mined from geologic deposits

• Synthetic gypsum produced as a by-product of elec-

tricity generation

• Recycled casting gypsum from various manufactur-

ing processes

• Recycled drywall gypsum

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

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Natural Gypsum

Gypsum has been obtained by mining geologic deposits

in northern Ohio, Michigan, and other locations for many

years. Mineral purity

of natural samples varies with the

local geology and the mining technology employed at

the site. Samples obtained from northern

Ohio mines

near Port Clinton were predominantly gypsum, but also

contained dolomite

[CaMg(CO)2J and quartz (SiO)

(Table 1). Small quantities of quartz have no effect on

soil properties, whereas dolomite is a liming agent and

is a good source

of magnesium (Mg).

Table

1.

Mineralogical composition of gypsum samples.

Source

Minerals* present

Synthetic gypsum

l

gypsum, quartz

Natural gypsum2

gypsum, quartz, dolomite

Cast gypsum

3

gypsum, quartz, anhydrite

Drywall gypsum

4

gypsum, quartz, portlandite,

calcite

1 Samples obtained from the W.R. Zimmer Station in Moscow, OR,

owned by Cinergy Corporation

2 Samples obtained from the Kwest Group at Port Clinton, OR

3 Samples obtained from Mansfield Plumbing Products, LLC of

Mansfield, OR

4 Samples obtained from Transfer Services, LLC of Columbus, OH

*

gypsum = CaSO/2Rp, quartz = Si0

2

, dolomite

= CaMg(C0

3

)2'

anhydrite = CaS0

4

,

portlandite = Ca(OR)2' calcite = CaC0

3

ANR-20-05-page 2

Synthetic Gypsum

Synthetic gypsum is produced at some coal-fired power

plants as a by-product

of pollution control measures. The

CleanAir Act Amendments of1990 mandate that electrical

utilities install systems forremoval

("scrubbing") of sulfur

dioxide

(SO) from flue gases that are generated during

the burning

of coal. The resulting materials are termedfiue

gas desuljurization

(FGD) by-products. Depending on the

process, these by-products can have a variety

of mineral

constituents. The forced oxidation procedure used at the

W.H. Zimmer Station in Moscow,

Ohio, results in a high

purity product (Table I), and the material is marketed as

synthetic gypsum.

In the process used at Zimmer Station, the flue gases

are first exposed to a slurry

of hydrated lime, and calcium

sulfite

(CaS0

3

.O.5HP) is initially formed by capture of

S02 (Figure 2). The calcium sulfite is then oxidized to

form gypsum. During the oxidation process, washing

of

the by-product with water removes undesirable chemi-

cal contaminants such as boron (B) and mercury (Hg).

The final step

of the process involves partial removal of

water by a combination of centrifugation and vacuum

filtration.

The final product

is available for drywall manufactur-

ing or for agricultural applications. To be acceptable for

drywall manufacture, the material must have less than

600

parts per million (ppm) of total dissolved solids in the pore

water, and a water content

of less than 15% by weight.

Material that does not meet these criteria

is marketed as

agricultural gypsum, and total dissolved solids

is the major

Figure

2.

The scrubbing process and gypsum production at Zimmer Station (Figure courtesy ojCINERGY Corp.).

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

criterion for diverting material to agricultural uses. Power

plant gypsum in Ohio is permitted as a fertilizer material

through the

Ohio Environmental Protection Agency, and

is monitored by the

Ohio Department of Agriculture for

Ca and S contents.

Cast gypsum

The manufacture of some products, such as plumb-

ing fixtures, requires gypsum casts

or molds. The used

molds can potentially

be ground and recycled for other

uses. The recycled material analyzed for this report

contained mostly gypsum with a small admixture

of

the mineral anhydrite (Table 1), probably due to the

dehydration

of gypsum during the casting process.

Anhydrite

(CaSO 4) is calcium sulfate without water of

hydration, and is usually similar in behavior to gypsum

when applied to soils.

Drywall gypsum

Drywall consists of gypsum with a thin paper backing.

About

30 billion square feet of gypsum wallboard are

manufactured each year in North America, and a consid-

erable quantity is discarded during the construction

of

homes, offices, and other structures. Up to 25% of the waste

produced at new construction sites is drywall material.

The recycled drywall analyzed in this study was obtained

entirely from new construction projects and is regularly

monitored

by the Ohio Department of Agriculture as a

fertilizer. The samples contained quartz, calcium hydroxide

[Ca(OH)2]

or portlandite, and calcium carbonate (CaCO 3)

or calcite (Table 1). Demolition drywall is another possible

source

of gypsum but should probably be avoided for land

application because

of potential chemical contamination

from paint

or other wall coverings.

Physical Properties of Gypsum Materials

The cost and ease of land application are heavily de-

pendent on factors such as water content, particle size,

and purity

of the gypsum product. The samples collected

for this study included products taken directly from the

sources

as well as materials stockpiled in the field in

preparation for land application (Figure 3). As a result,

the water contents varied considerably (Table 2). Water

content was consistently small

« 1 %) for the mined

gypsum and the recycled cast material, neither

of which

were exposed

to rainfall. Water contents of the synthetic

FGD-gypsum were below

10%, even though the manu-

facturer reports that the product has an average water

content

of 12%. Drywall gypsum contained 1 % water at

the recycling facility, whereas contents were as high as

19% after storage in the field.

ANR-20-05-page 3

Figure

3.

Gypsum stockpiled in thefieldfor post-harvest

application.

The waste drywall material was crushed and sorted

through a

0.5-inch screen at the recycling center. For

agricultural uses, this material

is best spread with a wet

lime spreader. Fertilizer spreaders do not work well

be-

cause the feeder holes are not sufficiently large to pass

larger particles. The synthetic FGD-gypsum, by contrast,

generally has excellent spreading characteristics.

Most products sampled for this study were high purity

and yielded < 3% water insoluble residues (Table 2). The

mined gypsum, on the other hand, contained up to 19%

undissolved residue after 3 days equilibration in acidi-

fied water. Much

of the residue was dolomite, which did

not dissolve due to large particle size and relatively low

solubility.

Table

2.

Physical properties and price (as of 12/2004)

of gypsum.

Material

Water

Particle Price

content)

size

$/ton

%

Synthetic

5.55

(3.04Y

120

f.!m

7.00

gypsum

Natural

0.38 (0.48)

NA

gypsum

12.75

Cast

0.15 (0.21)

NA

gypsum

4

NA

Drywall

10.1 (12.8)

<0.5 inch

11.00

gypsum

I

Dried overnight at 60 degrees Celsius.

2 Following dissolution for three days at pH <3.

3 Standard deviation included in parentheses.

Insoluble

residue

2

%

0.4 (0.2)

12.9 (8.1)

0.2

2.2 (0.3)

4 Material is not yet available for sale for agricultural application.

NA

=

not available

---

ANR-20-05-page 4

Table

3.

Selected macro- and micronutrienP concentrations in the gypsum samples.

Measure

Units

Museum

Synthetic

specimen

2

gypsum

Calcium

%

22.6

23.0 (0.0)4

Magnesium

%

0.01

0.03 (0.01)

Sulfur

%

18.6

18.7

(0.1)

Boron

ppm

<13.1

26.7 (8.7)

Iron

ppm

<1

264 (129)

Manganese

ppm

0.1

5.5 (2.3)

Phosphorus

ppm

3.8

16.7 (9.4)

I

Micronutrient data obtained by EPA method 3050 (US EPA, 1996).

2 The museum specimen is included as a pure sample of gypsum.

3 Calculated content in a 100% pure product.

4 Standard deviation included in parentheses.

Natural

Cast

Drywall

Ideal analysis

3

gypsum

gypsum

gypsum

19.1 (2.2)

22.4

(0.0)

21.9 (0.2)

23.3

1.35

(0.30)

0.05 (0.00)

0.22 (0.01)

15.1 (1.2)

19.3 (0.2)

18.1 (0.3)

18.6

9.4

(0.9)

0.4 (0,4)

7.3 (4.5)

1045 (148)

44 (7)

547 (92)

14.6 (2.9)

9.1 (0.0)

9.4 (1.6)

30.6 (7.6)

7.5 (0.3)

51.6 (3.5)

Table

4.

Trace metal contenP of gypsum from different sources compared with U.S. EPA Part 503 pollutant

concentration limits for excellent quality biosolids.

Pollutant

Museum

Synthetic

Natural

Cast gypsum

(ppm

=

mg kg-I)

specimen

gypsum

gypsum

Arsenic

<0.52

0.56 (0.05)3

<0.52

<0.52

Cadmium

<0.48

<0.48

<0.48

<0.48

Chromium

0.01

1.30 (0.85)

1.38 (0.32)

0.07 (0.00)

Cobalt

<0.48

<0.48

0.53 (0.04)

<0.48

Copper

<0.48

1.16 (0.66)

1.33 (0.30)

1.40 (0.21)

Lead

<0.48

0.80 (.30)

2.92 (0.30)

0.57 (0.08)

Mercury

<0.26

<0.26

<0.26

<0.26

Molybdenum

<0.24

0.51 (0.26)

1.28 (0.04)

<0.24

Nickel

<0.24

0.73 (0.18)

1.42 (0.23)

<0.24

Selenium

<1.45

5.51 (3.47)

<1.45

<1.45

Zinc

<0.24

3.88 (2.78)

0.91 (0.49)

<0.24

I

Data obtained by EPA method 3050 (USEPA, 1996).

2 Part 503-Standards for the Use or Disposal of Sewage Sludge; 503.13, Table 3. (USEPA, 1993).

3 Standard deviation included in parentheses.

4 NR

=

not regulated.

5 Ceiling concentration limit for molybdenum is 75 ppm; 503.13, Table

I.

(US EPA, 1993).

~

Drywall gypsum

Part 503

Table 3

2

0.98 (0.11)

41

<0.48

39

1.09 (0.09)

1200

<0.48

NR4

0.95 (0.14)

1500

0.70 (0.02)

300

<0.26

17

<0.24

-

5

0.83 (0.12)

420

1.85 (0.04)

36

3.08 (0.45)

2800

---

Plant Nutrient Content of Gypsum Samples

All the materials tested would be excellent sources ofCa

and S for plant nutrition (Table 3). Because ofits dolomite

content, the mined gypsum is also a source

of Mg.

Boron is a plant micronutrient and some crops have

a relatively high demand for B; however, others can

be

sensitive to elevated levels. Unwashed FGD by-products

can have levels

of B sufficiently high to result in toxic-

ity to com. Washing

of the by-product in the process of

gypsum formation lowers B contents to safe levels if

recommended application rates are used.

Trace Metal Content of Gypsum Samples

Chemical analyses of the gypsum materials collected

in this study showed that trace metals were present at

low concentrations in all samples (Table 4). As a point

of reference, the metal contents were much lower than

concentration limits identified

by government regula-

tions for land application

of excellent quality biosolids

(USEPA, 1993), and calculated metal loadings with ap-

plication rates

of2.23 ton ac-1yrl (5 Mg ha-1yrl) were 100

to 10,000x lower than annual loading rates permitted by

these same regulations (see Part

503-Standards for the

Use or Disposal of Sewage Sludge; 503.13, Tables 1-4,

ANR-20-05-page 5

for details). Gypsum from any of the sources examined

could thus be applied without restriction for trace metal

loading; however,

samples from a given source should

always be tested prior

to application.

There is also no

demonstrated benefit

of application rates greater than 2

tonac-1yr1 for agronomic

or horticultural crop production

in

Ohio, and biennial applications are probably adequate.

Greater quantities could result in seedling damage to salt

intolerant species, especially

if applied near the time of

planting. Autumn applications are recommended.

References

u.s. EPA. 1993. 40 CFR Part 503-Standards for the

use and disposal

of sewage sludge: Final rule. Federal

Register 58:9248-9415. Washington, DC.

U.S. EPA. 1996. Method 3050. Acid Digestion of Sedi-

ments, Sludges, Soils and Oils. SW-846. Washington,

DC.

Acknowledgement

This publication was produced through a cooperative

effort between

Ohio State University Extension and the

College

of Food, Agricultural, and Environmental Sci-

ences.

Visit Ohio State University Extension's web site "Ohioline" at: http://ohioline.osu.edu

OSU Extension embraces human diversity and is committed to ensuring that all educational programs conducted by Ohio State University Extension are available

to clientele on a nondiscriminatory basis without regard to race, color, age, gender identity or expression, disability, religion, sexual orientation, national origin, or

veteran status.

Keith

L.

Smith, Associate Vice President for Agricultural Administration and Director, OSU Extension

TOO No. 800-589-8292 (Ohio only) or 614-292-1868

All or part of this fact sheet may be copied without permission for educational, non-prOfit purposes. Credit must be given to "Ohio State University Extension."

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

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State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES

WISCONSIN

DEPT. Of NATURAL RESOURCES

March 20, 2008

Jim Doyle, Governor

Matthew J. Frank, Secretary

Gloria L McCutcheon, Regional Director

MAR

2 5 200B

Robert Meidl, Senior Engineer

We Energies

333 W. Everett Street

Milwaukee, WI 53203

Southeast Region Headquarters

2300 N. Dr. Martin Luther King, Jr. Drive

Milwaukee, Wisconsin 53212-3128

FAX

414-263-8606

Telephone414~263-8500

TTY Access via relay - 711

J

FID:230056310

Kenosha County

SW/APP

Subject: Conditional Grant of Exemption for Beneficial Use of FGD Gypsum from the We Energies

Pleasant Prairie Power Plant, Pleasant Prairie, Wisconsin

Dear

Mr.

Meidl:

The Department is issuing this conditional grant of exemption from regulation under s. 289 Stats., for the use of

flue gas desulfurization (FGD) gypsum generated at the We Energies Pleasant Prairie Power Plant (P4) as a

agricultural fertilizer or soil additive. The FGD gypsum is generated as a byproduct

of the exhaust scrubbers

installed

at the plant to control sulfur dioxide emissions from the combustion of coal to generate power. The

agricultural use

of this byproduct will be subject to the conditions ofthis exemption. Other beneficial uses ofthe

FGD gypsum (i.e. for wallboard production or Portland cement) will continue to be subject to the requirements of

ch. NR 538 Wis. Adm. Code.

This grant

of exemption allows the use ofFGD gypsum from a specific source for agricultural use as a fertilizer

or soil additive and

will terminate in five (5) years from the date of this approval. At that time, We Energies may

apply to

the Department for an extension of the exemption based on documentation of the performance of the

gypsum use.

We Energies may also apply to the Department at any time to amend the exemption to include FGD

gypsum from other units, provided they can demonstrate that the gypsum

is produced in a substantially similar

manner

and has similar chemical properties and physical characteristics as the P4 FGD gypsum included

in

this

exemption.

The conditions

of the approval include annual byproduct characterization, determination of appropria,te

application rates, use of best management practices for application, storage and transportation of the gypsum, and

annual reporting requirements. The conditions require that We Energies, or its broker, inform any potential

agricultural end user

of the recommended application rates and practices and other requirements for its

responsible use. The annual reporting requirements may be submitted to the Department along with the annual

reporting required for the other beneficial reuses

of We Energies byproducts.

Licensing

of manufacturers and distributors of agricultural fertilizers and related products is managed through the

Department

of Agriculture, Trade and Consumer Protection (DATCP). Please contact Charlene Khazae, DATCP

Program

Manager at (608) 224-4541 to determine what other requirements may be needed prior to sale or

distribution

of this byproduct for agricultural use.

Under the authority of the grant of exemption, FGD gypsum that is beneficially used in agricultural applications is

exempted from tonnage fees.

dnr.wi.gov

wisconSin.gov

o

Printedon

Recycled

Poper

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

Mr. Robert Meidl,03/20/2008

2

If you have any questions concerning this grant of approval, please contact Philip Fauble, Beneficial Use

Coordinator, at (608) 267-3538.

Sincerely,

Frank Schultz, Supervisor

Waste and Materials Managemen

Southeast Region

Cc:

Philip Fauble - W

Al3

Suzanne Bangert - W

Al3

Dennis Mack - W

Al3

Bizhan

Sheikholesl~mi

- SER, Waukesha

o.

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

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Mr. Robert Meidl,

03/20/2008

FLUE GAS DESULFURIZATION (FGD) GYPSUM FOR

AGRICULTURAL USE SUMMARY

To comply with the provisions of the 1990 Clean Air Act, coal fired power plants

statewide have begun installing systems to reduce their

emissions of sulfur dioxide gas.

These are commonly referted to as flue gas desulfurization (FGD) systems. FGD

systems installed on utility boilers to date have typically been one of three main

technologies

- Wet Scrubbers.Spray Dry Scrubbers, or Dry Scrubbers. These systems

involve injecting a calcium

or sodium based alkaline reagent into the boiler exhaust gas,

which reacts with sulfur dioxide and removes it from

the

exhaust gas. Solids formed in

the process from the reaction between the reagents and sulfur dioxide are removed from

the system and are typically

referred to as flue gas desulfurization materials. Flue gas

desulfurization systems that

utilize a caJcium based reagent (typically limestone or lime)

generally produce a calcium

sulfate or calcium sulfite based material depending on the

scrubber technology employed.

Spray dry and dry scrubbers employing a calcium based

reagent typically produce

a calcium sulfite (CaS03) material which is removed from the

flue gas system with or without the majority

of the fly ash in a precipitator or fabric filter

system depending on

where the reagent is injected. This approval does not apply to

FGD material produced by dry,spray or dry scrubber systems.

Wet scrubbers employing a calcium based reagent typically produce a material that is

mostly in the form

of calcium sulfite (CaS03) with lesser

~ounts

of calcium sulfate

(CaS04). Plants that stop at this step of the process areteft with a FGD material which

can be difficult to dewater and must be stabilized with fly ash or other materials prior

to

disposal or beneficial use. Some wet scrubber operations choose to process the FGD

material further by initiating a forced oxidation process that blows air into the calcium

sulfite to convert it into a relatively pure calcium sulfate (gypsum) byproduct. We

Energies

Pleasant Prairie Power Plant Unit 1 and 2 have wet scrubbers employing a

calcium based reagent (limestone) in a slurry form and a forced oxidation system which

produces calcium sulfate slurry in an absorber tower upstream

of the flue gas chimney.

The calcium sulfate slurry is sent to be dewatered on a vacuum filter belt to

approximately

10% moisture to produce a greater than 90% pure gypsum product

(commonly referred to as FGD gypsum). A small fraction

of the calcium sulfate slurry is

regularly removed

or blown-down to a water treatment system prior to dewatering to

remove chlorides and fmes from the process. The solids from the

water treatment system

are ultimately captured and removed in a filter press. Tbis material is typically referred

to

as water treatment system filter cake and consists of fine gypsum particles, unreacted

limestone fines, calcium sulfite particles and a minor amount

offly ash.

FGD gypsum and the water treatment filter cake produced in the flue gas desulfurization

system at

Pleasant Prairie Power Plant are defined as an "industrial byproduct" in

accordance with s.

NR 538.03(3) and (4), Wis. Adm. Code and can be beneficially used

under this Code. The gypsum

is typically of a quality suitable for beneficial use in

wallboard or Portland cement production under

s. NR 538.10(1.) Wis. Adm. Code and, in

1

---

Mr. Robert Meidl,

03/20/2008

fact, most of the gypsum produced at the Pleasant Prairie Power Plant is currently being

shipped for use in wallboard manufacturing.

We Energies also requested approval from the Department to utilize their gypsum

byproduct for agricultural uses. While

the gypsum is defined as an "industrial .

byproduct" that can be regulated under Ch. NR 538,Wis. Adin. Code, agricultural uses

are not included

as an accepted beneficial reuse under the code. Landspreading is

addressed in Ch. NR 518, Wis. Adm. Code, but the rules are directed more at specific

landspreading facilities rather than approval for wholesale distribution and use.

Therefore, the best option

was to approve the agricultural use of the FOD gypsum under

the statutory exemption provisions of s. 289.43(8} Stats.

We Energies based their request for agricultural use of the FOD gypsum on mined

gypsum's historic use as a soil amendment in certain applications. The benefits of

gypsum for agriculture include acting as a source of sulfur that is lost during phosphorus

additions, as a source

of calcium for improved plant growth, and as a method for altering

soil properties

in clay to improve water infiltration. Synthetic gypsuml;tctually has some

advantages to mined gypsum in that it

tends to be finer-grained and more soluble.

Analyses submitted

by We Energies indicate that the byproduct gypsum produced at the

Pleasant Prairie Plant (P4) is similar in composition to mined gypsum currently being

marketed for agricultural use. In fact, the FOD gypsum tends to be a more pure gypsum

product than mined gypsum. The possible exception is the wastewater filtercake material

which is currently being regulated under ch.

NR 214 Wis. Adm. Code and the plant's

WPDES pennit and is not included in this approval.

The analyses also show that sulfate is leachable from the FODgypsum at levels that far

exceed the ch.

NR 140 groundwater enforcement standards. However, this very property

is what makes

the POD gypsum valuable for agricultural applications. As with most

agricultural fertilizers and soil amendments (i.e. pesticides, ammonia, lime), these

applications

only cause detrimental effects if they are not used properly. The conditions

included in this approval should assure that the

POD gypsum is applied properly.The

manufacture and distribution

of agricultural products that claim to be either a fertilizer or

soil additive is regulated by the Department of Agriculture, Trade and Consumer

Protection

(DATCP) under chapter 40, Wis. Adm. Code: The FOD gypsum byprodl;lct

appears to meet their general definition of a gypsum fertilizer in that it .contains more

than 70 percent calcium sulfate with combined water.

2

---

Mr. Robert Meidl,

03/20/2008

The Department finds:

BEFORE THE

STATE OF WISCONSIN

DEPARTMENT

OF NATURAL RESOURCES

CONDITIONAL

GRANT OF EXEMPTION

FOR

THE BENEFICIAL USE OF

FLUE GAS DESULFURIZA TION GYPSUM

IN AGRICULTURAL APPLICATIONS

FINDINGS OF

FACT

I.

We Energies owns and operates the Pleasant Prairie Power Plant (P4) located along 95

th

Street in the Village of Pleasant Prairie, in Kenosha County, Wisconsin.

2.

To reduce sulfur dioxide emissions, We Energies installed a system at their Pleasant

Prairie Power Plant

that adds limestone slurry to the exhaust gas from their coal-fired

boilers. The limestone reacts with sulfur dioxide gas to produce a flue gas

desulfurization (FGD) material as a byproduct.

3.

The Pleasant Prairie Power Plant contains two FGD systems that, combined, produce

approximately

100,000 to 150,000 tons of material per year. The FGD systems operate

as a forced oxidation process to produce both a relatively pure FGD gypsum byproduct

(over 95 percent hydrous calcium sulfate - gypsum) and a mostly gypsum wastewater

treatment filter cake.

4.

The majority of the FGD gypsum is currently being beneficially used to produce

wallboard

in accordance with s. NR 538.10(1) Wis. Adm. Code.

5.

On May 24, 2007, We Energies submitted an Exemption from Solid Waste Regulation

.request for use

of their FGD gypsum as

an

agriculrural'stipplement, and supporting ..

documentation.

6.

Subsequent to the submission of the original Exemption Request, We Energies withdrew

the request to include the FGD water treatment system filter cake as part

of the

exemption for use as an agricultural supplement.

7.

Based on the bulk analysis submitted to the Department by We Energies, none of the

metals concentrations

in

the P4 FGD gypsum exceeds the high quality pollutant

concentration limits in Table

3 ofs. NR 204.07(5) Wis. Adm. Code for the land

application

of sludge.

---

Mr. Robert Meidl,

03/20/2008

8.

Additional documents considered in connection with the review of the exemption request

include the following:

a.

Bulk Analysis and ASTM D3987 leachate test results conducted by We Energies

in accordance with

s. NR 538.06(3) Wis. Adm. Code from the P4 FGD gypsum

and wastewater treatment filter cake.

b.

"Agricultural applications of FGD gypsum in soil and water management"

by L.

Darrell Norton (2007) and

"Barriers to Increased FGD Land Application

Uses"

by EPRI (2006).

c.

Communications with Department Wastewater staff (paul Luebke, October 8,

2007) and the Department of Agriculture, Trade and Consumer Protection staff

(Charlene Khazae, August 24,

2007).

d:

Meeting between Department staff and We Energies officials along With

~:(tour

of

the FGD process at the Pleasant Prairie Power Plant on November 29, 2007.

9.

Additional facts relevant to the review of the exemption request include:

a. We Energies is required to comply with air pollution control requirements to

reduce emission concentrations of sulfur, which it has decided to achieve by,

among other processes, the use

of a forced oxidation flue gas desulfurization

system, which produces FGD gypsum

..

b. Analytical results indicate that the FOD gypsum has a high gypsum content, low

concentrations

of contaminants such as metals, and does not contain natural or

synthetic organic chemicals.

c. Gypsum has value as a soil conditioner, soil amendment and fertilizer for certain

field crops and soil types,

if applied at agronomic rates determined by soils tests

and crop needs.

d. FGD gypsum is produced as a fine-grained filtered precipitate, light brown in

color, with s0il-like

consistenoy" no 0dor, and-low moisture content, and can be

readily handled by conventional loading and field application equipment.

e. Agronomic use

of FGD gypsum displaces use of naturally-occurring gypsum

from nonmetallic mines and captive gypsum from other industrial or recycling

processes,

f. Agronomic use of gypsum includes transport of bulk product by truck,

stockpiling, loading and spreading by agricultural machinery, and incorporation

into soil.

2

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

Mr. Robert Meidl,

03/20/2008

g. Impacts due to mishandling or excessive application ofFGD gypsum should be

limited to temporary adverse changes to soil texture or structure and plant

nutrition and to increased sulfate concentrations in groundwater and surface

water,

if concentrations of other contaminants are maintained at low levels as

shown in analytical results.

10.

The special conditions set forth below are needed to ensure that agricultural use of P4

FGD gypsum is conducted so as to minimize environmental effects, that appropriate

records are kept

of FGD gypsum quality and volumes utilized, and that the program for

agricultural use

ofFGD gypsum will be assessed periodically.

CONCLUSIONS OF LAW

1.

Flue gas desulfurization gypsum is an industrial byproduct in accordance with s. NR

538.'03 (3)

and(4)Wis~

Adm. Code and s. 289.01(33) Stats.

2.

The Department has the authority under s. NR 538.08(7) Wis. Adm. Code to

conditionally approve a beneficial use that does not meet the beneficial uses or standards

specified in ch.

NR 538 Wis.Adm. Code on a case-specific basis in accordance with s.

289.43(4), (7), and (8)

Stats.

3.

The Department has the authority under ss. 289.43(8), Stats. to issue a grant of exemption

from regulation under

s. 289 Stats. and to authorize an individual generator to utilize a

specified solid waste at a site other than a licensed solid waste disposal facility.

4.

The Department has the authority under

s. 289.43 (8)(c), Stats., to impose periodic testing

and other conditions on a grant

of exemption.

5.

The conditions set forth are needed

to ensure that the use of flue gas desulfurization

gypsum from the

Pleasant Prairie Power Plant for use as an agricultural fertilizer or soil

additive will not result in environmental pollution as defined in

s. 289.01 (8), Wis. Stats.

CONDITIONAL GRANT OF EXEMPTION

The Department hereby grants an exemption to We Energies to beneficially use FGD gypsum

generated from

Pleasant Prairie Power Plant as an agricultural fertilizer, soil conditioner, and/or

soil additive under the

follovling conditions:

General

1. This grant of exemption shall apply onJy to the forced oxidation process FGD gypsum

material produced at the We Energies

Pleasant Prairie Power Plant and not to the

filtercake material produced by the FGD water treatment system.

3

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

Mr. Robert Meidl,

03/20/200S

2. This grant of exemption shall apply for a period of five years from the date of signing.

After that time, We Energies may request a renewal of this grant of exemption.

Material Testing

FGD gypsum Characterization

3. We Energies shall perfonn a material characterization as specified below, prior to its use.

a.

A total elemental analysis in accordance with EPA SW-S46 test methodologies,

for the metals listed in NRS3S.22 Table lB.

b.

pH

c.

Nutrient content including nitrate and nitrite-nitrogen, Kjeldahl-nitrogen,

phosphorus and potassium.

d.

Salt content including boron,calcium, chloride, flouride and sulfate.

The testing shall be performed by a Wisconsin certified laboratory and the results

submitted to the Department.

4. The FGD gypsum shall be characterized in accordance with Condition #3 (above) and

reported to the Department annually or whenever the facility changes its flue gas

desulfurization process.

Land Application of FGD Gypsum

Information Distribution

5. We Energies shall inform those customers that receive or purchase FOD gypsum of the

following agronomic and environmental practices specified in conditions 6 through

14 of

this conditional grant of exemption regarding the use ofFGD gypsum as a fertilizer, soil

conditioner, or soil amendment. Guidance information shall include a recommendation to

apply the FGD gypsum within one year or as soon as practical.

Application Rates

6. We Energies shall determine, either

in the field or through published research,

appropriate application rates for each soil type where the gypsum may be used and the

amount needed to achieve the desired effect. The application rates shall include both a

recommended and maximum

IQading rate per acre as well as recommendations regarding

timing

of the application and appropriate intervals between applications.

7. All information generated by We Energies regarding soil application rates shall be

submitted to the Department and the

UW-Extension and USDA offices in the counties

where the

FOD gypsum will be applied.

4

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

Mr. Robert Meidl, 03/20/2008

Environmental Considerations during Application

8. FGD gypsum shall not be repeatedly applied such that excessive accumulation of

hazardous substances occur in vegetation or soil, or cause a detrimental effect on surface

water or groundwater quality.

9. Recognized best management practices for surface water protection shall be utilized to

eliminate

impacts to wetlands or surface water bodies, especially if application is done in winter.

These practices include plowing, disking or otherwise incorporating the FGD gypsum

into the soil layer at appropriate intervals to minimize

stonn water runoff. A vegetative

buffer strip shall also be maintained between any navigable water and the application

area and no FGD gypsum may be deposited in areas containing ponded or standing water.

10. All applications ofFGD gypsum are to be performed in accordance with accepted

agricultural practices.

Storage

11. FGD gypsum may be stored outdoors at the application site prior to Use for no more than

one (1) year after

the delivery date. FGD gypsum stored under cover may be stored

longer than one year

or as long as is practical prior to application.

12. All FGD gypsum shall be stored at farm sites in a manner that will prevent excessive

dusting.

13. Best management practices should be followed to prevent runoff

of the stored material.

Hauling

14. All transportation of the FGD gypsum to the application site shall be done in accordance

with s.

NR 538.16(2) Wis. Adm. Code requirements.

Reporting

15. We Energies shall submit an annual report to the Department no later than April 1

51

on the

use

ofFGD gypsum in the previous calendar year. This infonnation may be included

with the Annual Certification fonn for other industrial byproduct uses reported to the

Department by We Energies in accordance with

s. NR 538.14(2) Wis. Adm. Code. The

report shall contain the following infonnation:

a.

Total number

of tons ofFGD gypsum generated.

h.

Total number

oftons ofFGD distributed for agricultural use.

5

---

Mr. Robert Meidl,

03/2012008

c.

The name and address of all persons or brokers to whom FGD gypsum was sold

or distributed over the past year, including the amount utilized by each user.

d.

The results of the material characterization analyses required per Condition

#4

of

this approval.

We Energies and/or any

of its agents will be responsible for obtaining and complying with any

applicable federal, state or local licensing or permitting requirements regarding the application,

production, distribution or sale

of FGD gypsum for agricultural use.

The Department retains the jurisdiction to either require

the submittal of additional information

or to modify this approval at any time if, in the

Department's opinion, conditions warrant further

modifications. Unless specifically noted, the conditions

of this approval do not supercede or

replace any previous conditions

of approval for this facility.

NOTICE OF APPEAL RIGHTS

If you believe you have a right to challenge this decision made by the Department, you should

know that Wisconsin statutes, administrative codes and case law establish time periods and

requirements for reviewing Department decisions.

To seek judicial review ofthe Department's decision, sections 227.52 and 227.53,

Stats.~

establish criteria for filing a petition for judicial review. Such a petition shall be filed with the

appropriate circuit court and shall be served on the Department. The petition shall name the

Department

of Natural Resources as the respondent.

Dated:'~ ~ }~

DEPARTMENT OF NATURAL RESOURCES

Frank '. chultz, Supervisor

Waste

and Materials Manage

Southeast Region

6

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

State of Wisconsin

Jim Doyle, Governor

Department of Agriculture, Trade and Consumer Protection

Rod Nilsestuen, Secretary

Division of Agricultural Resource Management

Permit to Distribute Soil-and-Plant Additive Product

Section 94.65 (3), Wisconsin Statutes

This certifies that:

Wisconsin Electric

Power Co

dba We Energies

"231 W Michigan St

Milwaukee

"WI

53203

Wisconsin Soil-and-Plant Additive License Number: 65 - 017311

is hereby issued a permit to distribute the following soil-and-plant additive in Wisconsin,

in accordance with section 94.65, Wisconsin Statutes:

We Energies Gypsum

(permitted label attached)

This permit is "non-transferable and remains in effect until substantial changes are

made in the product formulation, label or advertising literature:

1)

The active ingredients;

2) The recommended amount or frequency

of the product; and

3) Any performance, use or efficacy claims which exceeds the approved label and

promotional materials.

Charlene Khazae, Fertilizer

Program Manager

Agricultural Resource Management Division

(608) 224-4541

Issue Date:

5/5/2008

Soil-and-Plant

Additive Permit #: 017311 - 329

Agriculture generates

$51.5

billion/or Wisconsin

2811 Agriculture Drive • PO Box 8911 • Madison, WI 53708-8911 • 608-224-5012 • Wisconsin.gov

'"

. "

~

.

",.-

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

Material Description:

We Energies

Gypsum

We Energies Gypsum is a high purity gypsum material derived from a flue gas

desulfurization (FGD) process installed at the Pleasant Prairie Power Plant.

. It is

available as a bulk powder material with a

light tan color and typical moisture

levels between 3% and 20%.

Act.ive Ingredient:

. .

. ,

:'~

Calcium Sulfate Dihydrate (CaS04. 2H

2

0) ...... 90% (minimum)

Inert Ingredients:

Calcium Sulfite Hemihydrate ................ 5% (maximum)

Calcium

Car~onate

............................ 5% (maximum)

, .

Information regarding the levels of trace metals in We Energies Gypsum is available from We

Energies

(414-221-4274)

Location:

We Energies Gypsum is produced at:

Pleasant Prairie Power Plant:

8000 95

th

Street

Pleasant Prairie, WI

53158

Transportation:

We Energies Gypsum is typically loaded into open top, end dump trailers for ..

transportation to end use locations. Trailers must have locking tailgates and

cover tarps to prevent dust and spills during transport.

Net Weight: _______ (Shipment weight will depend on trailer capacity) ...

Typical Use:

Research has shown that when applied at proper rates, gypsum functions as a

soil additive to ...

"

loosen heavy clay soils

•

promote water infiltration, drainage and aeration

..

prevent surface crusting

. .

•

reduce runoff and erosion

Application Rates:

Apply

We Energies Gypsum at rates recommended by local county extension

agents and agricultural

specialists.

.

We Energies makes no guarantee as to the performance of We Energies

.

Gypsum when used as a soil additive and recommends consulting agricultural

specialists prior to use.

Manufacturer and permit holder:

We Energies

333 W. Everett St

Milwaukee,

WI 53203

414-221-4274

fD)[E©~UID~~

UU

MAY 5 2008

~

By

---

EXHIBIT B

---

Presented to

Illinois Environmental Protection Agency

By

Bruce Ramme, PhD, PE

Robert

Paulson

April 1. 2009

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

II

II Application Request

II Discussion

II Follow-up

2

- 23,400 sq mi service territory in WI and Upper Peninsula of Michigan

- 2.4 million people served

• Electric

_ Natural

Gas

• Steam

• Water

- 26 generating facilities

• Coal

_ Natural Gas

• Hydro

_ Wind

- Current generating capacity of 5676 MW

- Power the Future

• Emission control upgrades - SCR & FGD

• Pleasant Prairie Power Plant (P4)

• Oak Creek Power Plant (OCPP)

• Expansion

• 1230 MW generating capacity at OCPP

•

SCRand FGD

• On-line 2007-2012

---

800,000

700,000

600,000

500,000

In

C

....

0

400,000

300,000

200,000

-+-CCP

Produced (Tons)

100,000

_CCP

Utilized (Tons)

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

Bottom Ash

• Concrete

215,000

• Ash Fuel

101,000

• Sub-Base (Bottom Ash)

106,000

• Manufactured Aggregate

88,000

• Mine Subsidence Prevention

75,000

• Cement Raw Feed

54,000

• Stabilization (Soil & Asphalt)

29,000

• Miscellaneous

10,000

• Gypsum

• Wallboard Manufacturing

62,000

• Agriculture

7,000

• Stock Pile

9,000

•

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

• 2007 Production

• ACAA National

= 12,300,000 tons

.2007 U.S. Reported Utilization (75%»)

• Wallboard

=

8,254,849 tons

• Concrete

=

118,406 tons

• Cement

=

656,885 tons

• Agriculture

=

115,304 tons

• Other

=

393,063 tons

e

---

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

• Spring of 2007 - Farmers calling We Energies

for information on availability

of gypsum

• Background information collection

(current use, why, how much, etc.)

• Analysis of P4 gypsum, commercial gypsum-

containing products

• WDNR Solid Waste Exemption Request

submitted -

5/24/07

•

WDNR Conditional Grant of Exemption received

-

3/20/08

•

WI DATCP Soil and Plant Additive License

granted -

5/5/08

13

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

• Initial 5 year term

• Annual FGD Gypsum characterization

• Property owner notification

• Application rates

• Storage requirements

• Transportation

• Annual reporting

14

• We Energies continued commitment to cost effective

beneficial use

of coal combustion by-products

• Increased FGD gypsum production with Oak Creek

Power Plant (OCPP) expansion and upgrades coming

on-line

in 2009-2012

• Current

market trend in wall board production

• Successful agriculture usage in 2007/2008 and

increasing demand for product in

2009

• Inquiry

from IL agricultural community regarding

availability

of P4 gypsum

• Close proximity to additional agricultural acreage not

covered by

WI approval

•

corridor

No natural or FGD gypsum produced north of 1-80 C

~

15

-

---

• Sec. 3.140. "Coal Combustion Waste" means any fly ash, bottom ash, slag,

or

flue

gas

or fluid bed boiler desulfurization by-products

generated as a

result of combustion of:

• 1) coal

• Sec. 3.135 (a). "Coal Combustion By-product" (CCB) means coal

combustion waste when used beneficially in any of the following ways: ...... .

• Sec. 3.135 (b). To encourage and promote the utilization of CCB in

productive and beneficial applications, upon request by applicant, the

Agency

shall make a written beneficial use determination that coal

combustion waste is CCB when used in a

manner other than

those

specified in subsection

(a) of this Section if the applicant demonstrates that

the use

of coal combustion waste satisfies all of the following criteria:

• The use will not cause, threaten, or allow the discharge of any contaminant into

the environment;

• The use will otherwise protect human health and safety and the environment;

and

• The use constitutes a legitimate use of the coal combustion waste as an

ingredient

ingredient

or

or

raw

raw

material

material

that is an effective substitute for an analogous e

•

16

-

The use will otherwise protect human

health and safety and the environment

17

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

2~

Title 35 Part 742 Appendix A Table G: Concentrations of Inorganic Chemicals In Background Solis - Counties Outside

Metropolitan Statistical areas

18

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

• Readily soluble sauce of Sulfur one

• Sulfate leaching of other sulfate

• Aluminum sulfate

• Pelletized

•

P4 gypsum - 1400 mg/L sulfate

20

Part 391.420 Ma)(imum

lifetime

Synthetic Gypsum

Application Loading Rates

applications

Ma)(imum

Concentration

Heavy

Metals

(tons/acre) to

annual

(as applied basis)

lifetime

Annual

reach lifetime application rate

Parameter

mq/kq

I

bit on

Ib/acre

Ib/acre

loading

rate

(tons/acre)

Antimonv

0.13

0.00026

700

2692308

Arsenic

< 0.43

0.00086

100

116279

Cadmium

0.042

0.000084

10

2

119048

23810

Chromium

< 0.06

0.00012

440

44

3666667

366667

Copper

1.2

0.0024

250

104167

Lead

1.5

0.003

1000

333333

Manqanese

< 0.026

0.000052

900

17307692

Mercury

0.97

0.00194

7

3608

Nickel

2.6

0.0052

100

19231

Selenium

12

0.024

8

333

Silver

< 0.63

0.00126

178

141270

Zinc

5.5

0.011

500

45455

biosolids averaged 1.69 mg/kg (0.059 to 4.19 mg/kg)

21

---

• Chemically the same as natural gypsum

• Leachate meets Class I Potable Groundwater

Standards

• Sulfate - leaching potential no greater than other common

agriculture products used

in Illinois including:

• Mined Gypsum

• Fertilizers

• Ammonium sulfate

• Aluminum sulfate

• Heavy metal application rates well within lifetime and

annual loading rates established for land application of

biosolids

22

the coal combustion waste as an

ingredient

ingredient or

raw material

23

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

• Ammonia Nitrogen: <4.0

mg/kg

«0.01 Ib/ton)

• Total Kjeldahl

Nitrogen: 24

mg/kg

(0.05 Ib/ton)

•

Phosphorus: 18

mg/kg

(0.04 Ib/ton)

•

Potassium: 95

mg/kg

(0.2 Ib/ton)

• Calcium: 204,300

mg/kg

(409 Ib/ton)

• Sulfate: 153,900

mg/kg

(308 Ib/ton)

•

Gypsum (CaS0

4

-2H

2

0):

>

95% (air dry basis)

24

• NRCS Nutrient Management (Code 590)

•

Nutrient Application Guidelines

• Calcium

• Sulfur

•

Gypsum

25

---

• FGD gypsum is a soluble source of

Calcium and Sulfur for plant uptake

• Improves soil physical properties for

increased crop

yields

• Increases soil permeability

and water

infiltration reducing erosion and lower silt

loadings

in field runoff

• Source of Ca for rehabilitation of high Mg,

AI or Na soils

26

• Lower cost gypsum alternative for region's

agricultural producers

• Lower fuel usage and emissions with shorter

haul distance for "locally produced"

commodity

• Reduced mining and associated impacts

elsewhere

•

Preserves mined gypsum supplies for use by

future generations

27

C

---

• Functional equivalent of other agricultural

chemicals

• Gypsum widely marketed and used

throughout Midwest

• Already approved for another FGD

gypsum source in Illinois

28

• Beneficial Use Determination that

FGD

gypsum is Coal Combustion By-

product

• Conditional approval for use of We-Energies gypsum in Illinois agriculture

• Allow marketplace to determine acceptance by agricultural community as it has

with mined gypsum

• Distribute through channel partner(s)

• Located and registered in Illinois

• Provides agronomy expertise for appropriate application

• Conform with applicable elements of Title 35 Part 391

• Consistent with Part 391.101 (c): "These criteria apply to projects for the land

application

of sludge that has been determined to be non-hazardous and non-toxic."

• Part 391.204 Public Distribution Program

• We Energies remains responsible party

• Extension of established WI program

• Annual reporting

• Part 391 Subpart C: Transportation and Storage

•

Part 391 Subpart D: Sludge Application Design Criteria

29

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

EXHIBIT C

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

Paulson.Robert

From:

Paulson. Robert

Sent:

Monday, April 06, 2009 9:00 AM

To:

Cc:

'al.keller@illinois.gov'; 'darin.lecrone@illinois.gov'; 'jeff.hutton@illinois.gov'

Ramme.Bruce

Subject:

We Energies Gypsum Notification Sheet

Attachments:

DATCP Permit to Distribute.pdf

Hello AI,

To follow up on the open item from our meeting last Wednesday, attached is the WI DATCP permit that also includes the

WE Gypsum information sheet. This information sheet accompanies each load of gypsum use in Wisconsin agriculture.

I also

had a chance to look into the issue you brought up about the Pollution Control Facility. Interesting powers that are

given to what

I can only imagine is a very diverse set of agendas. One thing that I did not pay attention to before was the

definition

of a Pollution Control Facility in Section 3.330. As I read S.3.330(a)(8) and it's subsequent reference to

S.21(r)(2) and (3) it seems that

coal combustion wastes can be excluded from the Pollution Control Facility definition if

they are permitted under any

Illinois rule or regulation, say under a state operating permit or experimental permit, with

conditions.

Again, Bruce and

I would like to thank you and your staff for taking the time to meet with us and consider our application to

use our FGD gypsum

in Illinois agriculture. If there is any clarification of the material we presented or additional material

that would assist your review, do not hesitate to contact me directly. We look forward to hearing of the resolution of your

internal discussions and a positive response to our application.

Best Regards,

Bob

Robert Paulson

Senior Environmental Consultant

We Energies

333

Everett Street

Milwaukee, WI 53203 USA

email:

robert.paulson@we-energies.com

phone: (414) 221-3948

cell: (920) 420-3464

DATCP Permit to

Distribute.pdf ...

1

---

. ",

State of Wisconsin

Jim Doyle, Governor

Department of Agriculture, Trade and Consumer Protection

Rod Nilsestuen. Secretary

Division

of Agricultural Resource Management

Permit to Distribute Soil-and-Plant Additive Product

Section 94.65 (3), Wisconsin Statutes

This certifies that:

Wisconsin Electric

Power Co

dba We Energies

.231 W Michigan

8t

Milwaukee

" WI

53203

Wisconsin Soil-and-Plant Additive License Number: 65 '017311

is hereby issued a permit to distribute the following soil-and-plant additive in Wisconsin,

in accordance with section 94.65. Wisconsin Statutes:

We Energies Gypsum

(pennitted label attached)

This permit is "non-transferable and remains in effect until substantial changes are

made in the product formulation, label or advertising literature:

1) The active ingredients;

2) The recommended amount

or frequency of the product; and

3) Any performance. use

or efficacy claims which exceeds the approved label and

promotional materials.

Charlene Khazae, Fertilizer Program Manager

Agricultural Resource Management Division

(608) 224-4541

Issue Date:

5/5/2008

Soil-and-Plant Additive Permit #: 017311 - 329

Agriculture generales

$51. 5

billion for Wisconsin

2811 Agriculture Drive • PO Box 8911 • Madison, WI 53708-8911 • 608-224-5012 • Wisconsin.gov

~

."t

,..'

t

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

---

Material Description:

We Energies

Gypsum

We Energies Gypsum is a high purity gypsum material derived from a flue gas

desulfurization (FGD) process installed at the Pleasant Prairie Power Plant. . It is

available as a bulk

pow.der material with a light tan color and typical moisture

levels between

3% and 20%.

Act.ive Ingredient:

. .

Calcium Sulfate Dihydrate (CaS04. 2H

2

0) ...... 90% (minimum)

Inert Ingredients:

Calcium Sulfite Hemihydrate ................ 5% (maximum)

Calcium

Car~onate

............................ 5% (maximum)

i.

Information regarding the levels of trace metals in We Energies Gypsum is available from We

I Energies

(414-221-4274)

Location:

We Energies Gypsum is produced at:

Pleasant Prairie Power Plant:

8000 95

th

Street

Pleasant Prairie,

WI 53158

Transportation:

We Energies Gypsum is typically loaded into open top, end dump trailers for:.

transportation to end use locations. Trailers must have locking tailgates and

cover tarps to prevent dust and spills during transport.

Net Weight:. ______ (Shipment weight will depend on trailer capacity) ...

Typical Use:

Research has shown that when applied at proper rates, gypsum functions as a

soil additive to ...

~

loosen heavy clay soils

•

promote water infiltration, drainage and aeration

,.

prevent surface crusting

. '

•

reduce runoff and erosion

Application Rates:

Apply We Energies Gypsum at rates recommended by local county extension

agents and agricultural specialists.

.

We Energies makes no guarantee as to the performance of We Energies

Gypsum when used as a soil additive and recommends consulting agricultural

.

specialists prior to use.

:

' ..

Manufacturer and permit holder:

We Energies

333 W. Everett

St

Milwaukee, WI 53203

414-221-4274

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Uti

MAY 5 2008

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By

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

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EXHIBIT D

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I LUNO'S ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST,

P.O~

Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - (217) 782-2829

JAMES R. THOMPSON CENTER, 100Vv'[51 RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814.6026

217/524-3300

June 30; 2009

We Energies

Mr; Robert Paulson, P.E.

231 W. Michigan Street

Milwaukee, Wisconsin

53202

Re:

9550795178 -- Wisconsin

We Energies

Date. Application Received: June 24,

2009

We Energies Beneficial Use Determination

Log No.

2009-331

Permit File

Permit Denial

Dear Mr. Paulson:

DOUGLAS P. SCOTT, DIRECTOR

C ertifi..ed Mail

7008 1140 0.004 7344 4993

The Illinois EPA has reviewed your request for a beneficial use detennination to use a coal

combustion by-product (CCB). Specifically, We Energies has requested a determination that

their flue gas desulfization (FGD) material resulting

ii-om the coal fired boilers at the Pleasant

Prairie Power Plant (P4) and Oak Creek Power Plant (OCPP) be approved as a .substitute for

gypsum for various agticultural purposes. The Illinois EPA has evaluated your application for a

beneficial use determination to use a coal combustion by-product

in accordance with 3.135(b).

Your request for a beneficial use determination has been denied. You have not provided proof

that the

FGDwill be used beneficiallyahdnot cause, thtealen ot allow the discharge of

contaminates into the enviromnent and that the use will otherwise protect human health and

safety and the environment. In accordance with Section

3. 135(b) of the Illinois Environmental

Protection Act, the Agency is required

to provide reasons for denial. The applicant has failed to

demonstrate that the activity would not result in a violation of Sections 9(a), 12(a) or 21(a) ofthe

Act because the following infonl1ati'on was not provided:

1.

A description

of the intermediate storage and processing of the CCB. Methods for

storage and management

of the FGD once it leaves P4 or OCPP have not been described.

Procedures should have been sufficient to insure that the FGD is managed to prevent

excessive loss

of the material and the FGD does not generate pollution through dust,

runoff or migration to groundwater;

2.

A discussion

of the site-specific geology and the potential for constituents ofthe CCB to

migrate to groundwater;

ROCKfORO -

4302

Nortl~Mi\in

Street, RO(;kiord,lt61103 - (815) 987.7760

•

DES PtAI:-!ES - 9511

W.

Harrison 51., Des Plaines,lL 60016 _ (847)294.4000

ELGIN - 59:> South

S~ale,

Elgin, It 60123 - (847) 608.3131

•

PfORIA - 54'15 N, University St., Peoria, IL 61614

~

(309) 693-5463

BUREAU OF lM".O: PEORIA -

7620

N.

Ul1Iversity St:, Peoria, IL 61614 -(309) 693-5462

•

CH-\MP,-\IGN - 2125 South First Street Champaign; IL 61820 - (217) 278.5800

COlLINSVillE - 2009 Ivtlll Slreel, Collmsville, IL 62234 - (618) 346-5120

•

M.~RION

- 2309

\N.

,\.1ain St, Suite 116, Marion, It 62959 - (618) 993.7200

PRINTf[) ON RECYCLfO PAPER

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Page 2

3.

Volumes and tlmeframes for use of the CCB to demonstrate that

it

is hot used in

excessive amounts; and

4.

Justification that the CCB is used beneficially.

InformaHon provided by the applicant and

from other sources indicates that gypsum is not suitable forallsoi1 types,soil conditions

or crops. The application did not include procedures to insure that the FDG will only he

used on agricultural land in appropriate volumes where soil types; soil conditions and

crops will benefit fi.om the application of the FGD.

Within 35 days after the date

of mailing of the Illinois EPA's final decision, the applic.ant may

petition

for.a hearing before the Illinois Pollution Control Board to contest the decision of the

Illinois

EPA, however, the 35-day period for petitioning for a hearing may be extended for a

period

of time not to exceed 90 days by written notice provided to the Board from the applicant

and the Illinois EPA within the 35-day initial appeal period.

Work required by this pennit, your application

or the regulations may also be subject to other

laws govemillg professional services, such as the Illinois Professional Land Surveyor Act of

1989, the Professional Engineering Practice Act of 1989, the Professional Geologist Licensing

Act, and the Structural Engineering Licensing Act of 1989. This pennit does not relieve anyone

from compliance with these laws and the regulations adopted pursuant to these laws. All work

that fal1s within the scope and definitions of these laws must be perfonned in compliance with

Ulem. The Illinois EPA may refer any discovered violation of these laws to the appropriate

regulating authority.

Any resubmission should be a complete application without referencing previous submissions.

Any questions or requests for assistance may be directed to Mark Schollenberger,

P.E., at

217/524-33.07.

-~~

Stephen F. Nightingale, P.E.

Manager, Permit

Section

Bureau

of Land

SFN:M~:bjh\091852s.doc

Electronic Filing - Received, Clerk's Office, July 30, 2009

* * * * * PCB 2010-011 * * * * *

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Wisconsin Electric Power Company,

d/b/a We Energies,

Petitioner,

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

)

)

)

)

)

)

)

)

)

)

PCB

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(Appeal- Beneficial Use

Determination)

APPEARANCE

OF CYNTHIA A. FAUR

The undersigned, as one of its attorneys, hereby enters an Appearance on behalf of

Wisconsin Electric Power Company (d/b/a! We Energies).

Dated: July

30, 2009

Cynthia

A.

Faur

Quarles

&

Brady LLP

300 North LaSalle Street

Suite 4000

Chicago, Illinois 60654-3422

(312) 715-5000

QB\8407938.2

Respectfully submitted,

WISCONSIN ELECTRIC POWER COMPANY