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,
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
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
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
QB\841 0989.3
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* * * * * PCB 2010-011 * * * * *
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.
QB\841 0989.3
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* * * * * PCB 2010-011 * * * * *
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
(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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* * * * * PCB 2010-011 * * * * *
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
QB\841 0989.3
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* * * * * PCB 2010-011 * * * * *
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
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
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,
QB\8410989.3
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* * * * * PCB 2010-011 * * * * *
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.
QB\841 0989.3
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* * * * * PCB 2010-011 * * * * *
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
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
Electronic Filing - Received, Clerk's Office, July 30, 2009
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EXHIBIT A
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.
Electronic Filing - Received, Clerk's Office, July 30, 2009
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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.
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
Desulfurization (FGD) Gypsum
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
Management
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
Ohio Sources and Quality of
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
surface crusting.
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 * * * * *
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 * * * * *
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 * * * * *
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
Proposed FGD Gypsum Use In
Agriculture
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
I ntrod uctions
II Short Overview Presentation
Back to top
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
reason for application
• Sulfate leaching of other sulfate
containing fertilizers/amendments
• Ammonium sulfate - 35,300 mg/L sulfate
• Aluminum sulfate
- 24,900 mg/L sulfate
• Pelletized
mined gypsum - 1750 mg/L sulfate
•
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
• 2006 MWRDGC Hg concentrations in land applied
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 use constitutes a legitimate use of
Back to top
the coal combustion waste as an
ingredient
or raw material that is an
Back to top
effective substitute for an analogous
Back to top
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
• Safe as land applied biosolids
• 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 * * * * *
EXHIBIT D
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
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 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Wisconsin Electric Power Company,
d/b/a We Energies,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB
---
(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