BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

AMEREN ASH POND CLOSURE RULES

)

R09-21

(HUTSONVILLE POWER STATION) :

)

(Rulemaking – Land)

PROPOSED 35 ILL. ADM. CODE 840.100

)

THROUGH 840.152

)

AGENCY’S PRE-FILED PROPOSED AMENDMENTS TO AMEREN’S PROPOSED 35 ILL.

ADM. CODE 840.100 THROUGH 840.152

Electronic Filing - Received, Clerk's Office, August 18, 2009

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TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER j: SURFACE IMPOUNDMENTS

PART 840

SITE-SPECIFIC CLOSURES OF SURFACE IMPOUNDMENTS

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

Section

840.100

Purpose

840.102

Applicability

840.104

Definitions

840.106

Abbreviations and Acronyms

840.

840.108

Incorporations by Reference

110 108

840.

Hydrogeologic Site Investigation

112 110

840.

Groundwater Monitoring System

114 112

840.

Groundwater Monitoring Program

116 114 Groundwater Quality Standards Compliance Zones

840.

118 116

840.

Demonstration of Compliance

120 118

840.

Groundwater Collection Trench

122 120

840.

Groundwater Discharge System

124 122

840.

Final Slope and Stabilization

126 124

840.

Final Cover System

128 126

840.

Closure Plan

130 128

840.

Contents of Closure Plan

132 130

840.

Modification of Existing Permits

134 132 Completion of Closure,

840.

Closure Report and Certification of Completion of

Closure

136 134

840.

Post-Closure Maintenance of Cover System

138 136

840.

Post-Closure Care Plan

140 138

840.

Contents of Post-Closure Care Plan

142 140

840.

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

144 142

840.

Recordkeeping and Reporting Requirements

146 144 Construction Quality Assurance Program Modification of Closure Plan and Post-

Closure Care Plan

840.148

Review, Approval and Modification of Closure Plan and Post-Closure Care Plan

840.150

Review and Approval of Closure Report and Certification of Completion of

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

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Care Plan

840.152

Resource Conservation and Recovery Act

AUTHORITY: Implementing Section 22 of the Environmental Protection Act (415 ILCS 5/22)

and Section 8 of the Illinois Groundwater Protection Act (415 ILCS 55/8), and authorized by

Sections 22, 27, and 28 of the Environmental Protection Act (415 ILCS 51/22, 27, and 28) and

Section 8 of the Illinois Groundwater Protection Act (415 ILCS 55/8).

SOURCE: Adopted in R09- ________ at _____ Ill. Reg., effective __________, 2009.

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

Section 840.100

Purpose

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

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

Section 840.102

Applicability

This Subpart exclusively applies to the closure and post-closure care of Ash Pond D, located at

the Hutsonville Power Station.

, and particularly, no other Part of Subtitle G applies to the

closure of Ash Pond D.

Section 840.104

Definitions

Unless otherwise specified, the definitions of the Environmental Protection Act ("Act") [415

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

"Agency" means the Illinois Environmental Protection Agency.

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

sufficiently permeable to readily yield economically useful quantities of water to wells,

springs, or streams under ordinary hydraulic gradients.

[415 ILCS 55/3(b)]

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

the Hutsonville Power Station, 15142 East 1900 Avenue, Hutsonville, Crawford

County, Illinois.

"Board" means the Illinois Pollution Control Board.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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“Contaminant” means any solid, liquid or gaseous matter, any odor, or any form of

energy, from whatever source.

[415 ILCS 5/3.165]

"Hutsonville Power Station" or “Hutsonville site”

means the electric generating

station located at l5142 East 1900 Avenue, Hutsonville, Crawford County, Illinois.

“On-site” means the same or geographically contiguous property constituting the

Hutsonville Power Station.

“Off-site” means any property that is not part of the Hutsonville Power Station.

"Operator" means the person responsible for the operation of Ash Pond D.

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

“Person” is any individual, partnership, co-partnership, firm, company, limited liability

company, corporation, association, joint stock company, trust, estate, political

subdivision, state agency, or any other legal entity, or their legal representative, agenct

or assigns.

[415 ILCS 5/3.315]

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

pursuant to the Professional Engineering Practice Act of

1989. [225 ILCS 325]

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

to practice as a professional geologist.

[415 ILCS 5/58.2]

“Site” means any location, place, tract of land and facilities, including but not limited

to, buildings and improvements used for purposes subject to regulation or control by this

act or regulations thereunder.

[415 ILCS 5/3.460]

"Surface impoundment" means for purposes of this Subpart a natural topographic

depression, a man-made excavation, or a diked area used to retain coal combustion

wastes and free liquids that was designed and constructed prior to 1990 and currently

operates under or has been subject to a water pollution control permit issued by the

Agency. For purposes of this Subpart, a surface impoundment that contains coal

combustion waste is not a landfill.

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

groundwater that has been impacted by Ash Pond D bounded by a vertical plane 25 feet

from the outside edge of the bermed area surrounding Ash Pond D to the south, north,

Electronic Filing - Received, Clerk's Office, August 18, 2009

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east, and west and extending to the base of the uppermost aquifer.

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

the three dimensional region of the uppermost aquifer outside Zone A and located 500

feet South of the Hutsonville Power Station boundary, in the North Half of Section 20,

Township 8 North, Range 11 West of the Second Principal Meridian, Crawford County,

Illinois, lying East of Township Road 254A which extends in a Northwesterly direction

across said Section 20; the area located 500 feet South of the Hutsonville Generation

Plant boundary, in the North half of Section 21, Township 8 North, Range 11 West of the

Second Principal Meridian, Crawford County, Illinois, lying West of the Wabash River;

and the area located within the Hutsonville Power Station, North of the southern

Hutsonville Power Station boundary, in the South Half of Section 17, Township 8 North,

Range 11 West of the Second Principal Meridian, Crawford County, Illinois, lying West

of the Wabash River and extending from the river towards Ash Pond D 2,040 feet,

turning North and extending 940 feet towards the Wabash River, and turning

Southeasterly and extending 2,200 feet to the point of origin.

Section 840.106

Abbreviations and Acronyms

Agency

Illinois Environmental Protection Agency

CQA

Construction Quality Assurance

Mg\L

milligrams per liter

GMZ

Groundwater Management Zone

NPDES

National Pollutant Discharge Elimination System

TDS

total dissolved solids

Section 840.108

Incorporations by Reference

a)

The Board incorporates the following material by reference:

NTIS. National Technical Information Service, 5285 Port Royal Road,

Springfield, VA 22161 (703) 605-6000.

"Methods for Chemical Analysis of Water and Wastes," March 1983, Doc.

No. PB84-128677. EPA 600/4-79-020 (available on-line at

http://nepis.epa.gov/).

“Methods for the Determination of Inorganic Substances in Environmental

Samples,” August 1993, Doc. No. PB94-120821 (referred to as “USEPA

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Environmental Inorganic Methods”). EPA 600/R-93-100 (available on-

line at http://nepis.epa.gov/).

“Methods for the Determination of Metals in Environmental Samples,”

June 1991, Doc. No. PB91-231498. EPA 600/4-91-010 (available on-line

at http://nepis.epa.gov/).

“Methods for the Determination of Metals in Environmental Samples –

Supplement I,” May 1994, Doc. No. PB95-125472. EPA 600/4-94-111

(available on-line at http://nepis.epa.gov/).

“Methods for the Determination of Organic and Inorganic Compounds in

Drinking Water: Volume I,” EPA 815-R-00-014 (August 2000) (available

on-line at http://nepis.epa.gov/).

"Practical Guide for Ground-Water Sampling," EPA Publication No.

EPA/600/2-85/104 (September 1985), Doc. No. PB 86-137304

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"

USEPA Publication No. SW-846, as amended by Updates I, II, IIA, IIB,

III, IIIA, and IIIB (Doc. No. 955-001-00000-1), (available on-line at

http://www.epa.gov/epaoswer/hazwaste/test/main.htm).

USGS. United States Geological Survey, 1961 Stout St., Denver, CO 80294

(303) 844-4169.

"Techniques of Water Resources Investigations of the United States

Geological Survey, Guidelines for Collection and Field Analysis of

Ground-Water Samples for Selected Unstable Constituents," Book I,

Chapter D2 (1976).

b)

This Section incorporates no later editions or amendments.

Section 840.110 108

Hydrogeologic Site Investigation

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

investigation, approved by the Agency in the closure plan, of Ash Pond D to determine the

nature and extent of contamination originating from Ash Pond D and to develop hydrogeologic

information for the uses set forth below. Information from any hydrogeologic site investigation

Electronic Filing - Received, Clerk's Office, August 18, 2009

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performed since 1999 may be used to satisfy the requirements of this Section. The uses of the

hydrogeologic site investigation shall include, but not be limited to:

a)

Providing To provide

information to define hydrogeology and to assess the

groundwater impacts associated with Ash Pond D;

b)

Providing To provide

information to perform a model to assess the groundwater

impacts associated with closure of Ash Pond D; and

c)

Providing To provide

information to establish a groundwater monitoring system.

Section 840.112 110

Groundwater Monitoring System

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

approved by the Agency in the closure plan, that enables it to monitor groundwater to evaluate

post-closure groundwater quality and trends and to demonstrate compliance with the applicable

groundwater quality standards at designated compliance points as set forth in Sections 840.116

and 840.118 of this Part. If approved in the closure plan, any Any groundwater monitoring well

system in operation since 1999 that complies with the requirements standards set forth in this

Section may be used to satisfy in part

the requirements of this Section.

a)

Standards for monitoring well design and construction.

1)

All monitoring wells must be cased in a manner that maintains the

integrity of the bore holes.

2)

Wells must be screened to allow sampling only at the specified

desired

interval.

3)

All wells must be covered with vented caps, unless located in flood-

prone areas, and equipped with devices to protect against tampering

and damage.

b)

The groundwater monitoring system must consist of a sufficient number of wells,

installed at appropriate locations and depths to yield groundwater samples that:

1)

Represent the quality of background water that has not been affected by

contamination from Ash Pond D; and

2)

Represent the quality of groundwater at the compliance point or points.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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b)

Standards for the location of monitoring points.

1)

A network of no fewer than three monitoring points must be established at

locations downgradient of Ash Pond D with respect to groundwater flow.

c2

)

Monitoring wells must be located in statigraphic horizons that could serve as

contaminant pathways.

c)

Standards for sample collection and analysis.

1)

The owner or operator of Ash Pond D must utilize sampling and analysis

procedures that ensure that collected samples are representative of the

zone being monitored and that the results can be relied upon to provide

data representative of the zone being monitored.

2)

The owner or operator of Ash Pond D must establish a quality

assurance program.

d)

The groundwater monitoring system approved n the closure plan must include a

maintenance plan.

Section 840.114 112

Groundwater Monitoring Program

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

enables it to monitor groundwater to evaluate post-closure groundwater quality both on-site and

off-site. The owner or operator must begin the groundwater monitoring program upon

completion of the installation of the groundwater monitoring system in accordance with Section

840.112 and the approved closure plan. of the final cover system installation.

The groundwater

monitoring program must comply with following requirements:

a)

The owner or operator of Ash Pond D must monitor each well included in the

groundwater monitoring system installed pursuant to Section 840.112110 for

the following constituents on a quarterly basis beginning upon completion of

the installation of the groundwater monitoring system and continuing for the

first five years after approval of the closure plan: 35 Ill. Adm. Code 620.410(a)

and (d) except radium-226 and radium-228. Any constituent that is non-detect

in the down-gradient wells for four consecutive quarters or has a concentration

that is not statistically greater than the concentration detected in the up-gradient

wells for four consecutive quarters may be dropped from the monitoring

Electronic Filing - Received, Clerk's Office, August 18, 2009

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program in both the up-gradient and down-gradient wells with the exception of

boron, iron, manganese, pH, sulfate, and TDS. The owner or operator must also

monitor for the following: specific conductance, groundwater elevation, and

monitoring well depth.

b1)

After Five five years after approval of the closure plan, the owner or operator of

Ash Pond D may

request modification of the post-closure care plan to reduce the

frequency of groundwater monitoring to semi-annual sampling by demonstrating

upon a determination of

all of the following:

1A

)

That monitoring effectiveness will not be compromised by the reduced

frequency of monitoring;

2B)

That sufficient quarterly

data has been collected to characterize

groundwater; and

3C)

That concentrations of constituents monitored pursuant to subsection (a)

of this Section at the down-gradient boundaries of the Hutsonville site

monitoring wells inside Zone B

show no statistically significant increasing

trends that can be attributed to Pond D.

c2)

Beginning fifteen years after closure, or five years after reducing the monitoring

frequency to semi-annual pursuant to subsection (a)(l) of this Section If and

concentrations of constituents monitored pursuant to subsection (a) of this Section

at the down-gradient boundaries of the Hutsonville site monitoring wells inside

Zone B show no statistically significant increasing trends for the five years after

reducing the monitoring frequency to semi-annual, the owner or operator of Ash

Pond D may request modification of the post-closure care plan to reduce

monitoring frequency to annual sampling by demonstrating all of the factors set

forth in subsections (b)(1) through (b)(3) of this Section

.

3)

The owner or operator of Ash Pond D may discontinue groundwater monitoring

for the constituents in subsection (a) of this Section when no statistically

significant increasing trend that can be attributed to Pond D is detected in the

concentration of any such constituent at the down-gradient monitoring wells

inside Zone B for three consecutive years after changing to an annual monitoring

frequency pursuant to subsection (a)(2) of this Section and all concentrations of

constituents monitored in accordance with Section 840.112 are at or below Class I

groundwater quality standards for a period of five years.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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d)

Sampling and analysis data from groundwater monitoring and decisions to drop

any constituent from the monitoring program must be reported to the Agency no

later than 30 days after the sampling and analysis have been completed as

provided in Section 840.144(a) of this Part.

e)

Representative samples from the groundwater monitoring system must be

collected and analyzed in accordance with the procedures for groundwater

monitoring and analysis set forth in the following documents as incorporated by

reference at Section 840.108 of this Part or other procedures approved by the

Agency:

1)

"Methods for Chemical Analysis of Water and Wastes";

2)

"Methods for the Determination of Inorganic Substances in Environmental

Samples";

3)

"Methods for the Determination of Metals in Environmental Samples";

4)

"Methods for the Determination of Metals in Environmental Samples-

Supplement I";

5)

“Methods for the Determination of Organic and Inorganic Compounds in

Drinking Water”;

6)

"Practical Guide for Ground-Water Sampling";

7)

"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods"

(SW-846), as amended by Updates I, II, IIA, IIB, III, IIIA, and IIIB;

8)

"Techniques of Water Resources Investigations of the United States

Geological Survey, Guidelines for Collection and Field Analysis of

Ground-Water Samples for Selected Unstable Constituents."

f)

The owner or operator of Ash Pond D must establish a groundwater monitoring

quality assurance program for sample collection, preservation and analysis.

b)

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

to Section 840.110 for the following inorganic constituents on an annual basis

until monitoring pursuant to subsection (a) of this Section is discontinued in

accordance with Section 840.1l2(a)(3): antimony, arsenic, barium, beryllium,

Electronic Filing - Received, Clerk's Office, August 18, 2009

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cadmium, chloride, chromium, cobalt, copper, cyanide, fluoride, lead, mercury,

nickel, nitrate as N, selenium, silver, thallium, and zinc.

1)

Monitoring of inorganic constituents must be performed during the first

quarter of each monitoring year as the monitoring year is defined in the

closure plan.

2)

Any inorganic constituent listed in this subsection observed to exceed its

Class I groundwater quality standard must be monitored on a quarterly

basis. After four consecutive quarterly samples show no exceedance of

the Class I groundwater quality standard for such constituent, the owner

or operator of Ash Pond D may reduce the monitoring frequency of that

constituent to annual sampling.

c)

Elements of the Groundwater Monitoring Program may be modified upon

agreement with the Agency, so long as the modification is in accordance with the

provisions of this Subpart.

Section 840.116 114 Groundwater Quality Standards Compliance Zones

a)

Prior to the completion of the post-closure care period, the applicable

groundwater quality standards at the Hutsonville site for concentrations of

contaminants from Ash Pond D shall be the concentrations as determined by

groundwater monitoring, if such concentrations exceed the standards for Class I:

Potable Resource Groundwater set forth in 35 Ill. Adm. Code 620.410. After

completion of the post-closure care period, the on-site concentrations of

contaminants from Ash Pond D as determined by groundwater monitoring, if such

concentrations exceed the standards for Class I: Potable Resource Groundwater

set forth in 35 Ill. Adm. Code 620.410, shall be the applicable groundwater

standards at the Hutsonville site if:

1)

To the extent practicable, the exceedence has been minimized and

beneficial use, as appropriate for the class of groundwater, has been

returned;

2)

Any threat to public health or the environment has been minimized; and

3)

An institutional control prohibiting potable uses of groundwater is placed

on the Hutsonville site in accordance with the Uniform Environmental

Covenants Act (765 ILCS 122).

Electronic Filing - Received, Clerk's Office, August 18, 2009

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No generally applicable groundwater quality standards apply within Zone A or

Zone B. Within Zone A and Zone B, from the effective date of this rule and

continuing indefinitely thereafter, concentrations of constituents may exceed any

generally applicable groundwater quality standard established by the Board or the

Agency, including the Class I groundwater quality standards, as set forth in 35 Ill.

Adm. Code 620.

b)

Off-site, the applicable groundwater quality standards for Class I: Potable

Resource Groundwater are as set forth in 35 Ill. Adm. Code 620.401 (e.g.,

numerical standards of 35 Ill. Adm. Code 620.410 in upper zone of underlying

aquifer; nondegradation standard of 35 Ill. Adm. Code 620.Subpart C in lower

zone of underlying aquifer) unless a groundwater management zone (GMZ) has

been established as provided in 35 Ill. Adm. Code 620.250 with the written

permission of the affected property owner(s) for off-site properties with

groundwater contamination from Ash Pond D so that monitoring wells may be

installed and such other corrective actions designed and implemented as necessary

to achieve compliance with 35 Ill. Adm. Code 620.

1)

A GMZ for off-site properties with groundwater contamination from Ash

Pond D and any related design and construction activities must be

proposed and approved in the closure plan or post-closure care plan, as

appropriate.

2)

Groundwater quality standards for an off-site GMZ are set forth at 35 Ill.

Adm. Code 620.450(a)(4).

b)

As provided in Section 840.116 of this Part, the results of annual trend analysis

will be used to determine compliance within Zone B.

Section 840.118 116

Demonstration of Compliance

a)

Compliance with the on-site and off-site groundwater quality standards set forth

in Sections 840.116(a) and (b) of this Part:

1)

Compliance with on-site groundwater quality standards will be achieved

when no statistically significant increasing trend that can be attributed to

Ash Pond D is detected in the concentrations of all constituents monitored

in accordance with Section 840.114 of this Part at the down-gradient

boundaries of the Hutsonville site for four consecutive years after

Electronic Filing - Received, Clerk's Office, August 18, 2009

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changing to an annual monitoring frequency pursuant to Section

840.114(c) of this Part.

2)

Compliance with off-site groundwater quality standards:

A)

Compliance with off-site groundwater quality standards set forth in

Section 840.116(b) of this Part will be achieved when:

i)

A statistically significant decreasing trend in concentrations

of constituents monitored in accordance with Section

840.114 of this Part at the down-gradient boundaries of the

Hutsonville site is detected in the concentrations of all

constituents monitored for a period of four consecutive

years after changing to an annual monitoring frequency

pursuant to Section 840.114(c) of this Part; and

ii)

All concentrations of constituents monitored in accordance

with Section 840.114 of this Part are at or below the

applicable groundwater quality standards as provided in

Section 840.116(b) of this Part at the down-gradient

boundaries of the Hutsonville site.

B)

If a groundwater management zone for off-site properties with

groundwater contamination from Ash Pond D is established as

provided in Section 840.116(b) of this Part, the compliance points

will be determined as set forth in the GMZ approved in the closure

plan or post-closure care plan, as appropriate.

3)

A Mann-Kendall analysis must be performed at 95 percent confidence to

determine whether the increasing or decreasing trend is statistically

significant.

The owner or operator of Ash Pond D must establish and identify in the closure

plan and post-closure care plan no fewer than three down-gradient monitoring

wells located within Zone B for determining groundwater quality.

b)

Compliance must be demonstrated as follows:

1)

To demonstrate compliance with the on-site groundwater quality standards

and subsection (a)(1) of this Section, the The owner or operator of Ash

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Pond D must perform an annual trend analysis for each monitoring well

located

at the down-gradient boundaries of the Hutsonville site in Zone B

for all constituents monitored in accordance with Section 840.114112(a)

of this Subpart

and for all constituents monitored in accordance with

Section 840.112(b) that are above Class I groundwater quality standards as

provided in 35 Ill. Adm. Code 620.410, based on a minimum of four

consecutive samples, by applying Sen's Estimate of Slope.

If the results

show an increasing trend, a Mann-Kendall analysis must be performed at

95 percent confidence to determine whether the increasing trend is

statistically significant.

2)

To demonstrate compliance with the off-site groundwater quality

standards and subsection (a)(2) of this Section:

A)

The owner or operator of Ash Pond D must perform an annual

trend analysis for each monitoring well located at the down-

gradient boundaries of the Hutsonville site for all constituents

monitored in accordance with Section 840.114 of this Part that are

above Class I groundwater quality standards as provided in 35 Ill.

Adm. Code 620.401 (e.g., numerical standards of 35 Ill. Adm.

Code 620.410 in upper zone of underlying aquifer; nondegradation

standard of 35 Ill. Adm. Code 620.Subpart C in lower zone of

underlying aquifer) based on a minimum of four consecutive

samples, by applying Sen's Estimate of Slope; and

B)

Sampling and analysis results for each monitoring well located at

the down-gradient boundaries of the Hutsonville site for all

constituents monitored in accordance with Section 840.114 of this

Part must achieve the applicable groundwater quality standards as

provided in 35 Ill. Adm. Code 620.401 (e.g., numerical standards

of 35 Ill. Adm. Code 620.410 in upper zone of underlying aquifer;

nondegradation standard of 35 Ill. Adm. Code 620.Subpart C in

lower zone of underlying aquifer) at the down-gradient boundaries

of the Hutsonville site.

C)

If a groundwater management zone for off-site properties with

groundwater contamination from Ash Pond D is established as

provided in Section 840.116(b) of this Part, the demonstration of

compliance will be determined as set forth in the GMZ approved in

the closure plan or post-closure care plan, as appropriate.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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c)

Compliance with nondegradation standards during closure and post-closure care

periods:

1)

If the results of sampling and analysis show an increasing trend at any

monitoring well located at the down-gradient boundaries of the

Hutsonville site, a Mann-Kendall analysis must be performed at 95

percent confidence to determine whether the increasing trend is

statistically significant. The owner or operator of Ash Pond D must

investigate the cause of a statistically significant increasing trend as

determined under subsection (b) of this Section. If the statistically

significant increasing trend occurs during post-closure care, such

investigation must include more frequent inspection of the surface of the

cover system and evaluation of

background concentrations and the

effectiveness of the groundwater collection trench required by Section

840.120118

of this Subpart.

A1)

If an investigation performed in accordance with subsection (c)(1)

of this Section attributes a statistically significant increasing trend

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

notify the Agency in writing, stating the cause of the increasing

trend and providing the rationale used in such a determination.

B2)

If there is no superseding cause for the statistically significant

increasing trend and sampling frequency has been reduced

pursuant to Sections 840.114(b) or (c) 840.112(a)(1) or (a)(2)

of

this Subpart to semiannual or annual sampling, the owner or

operator must return to a quarterly sampling schedule. After four

consecutive quarterly samples show no statistically significant

increasing trend, the frequency of groundwater monitoring may be

returned to either semi-annual or annual, whichever frequency was

utilized prior to the return to quarterly sampling.

C)

For purposes of this subsection (c)(1), notifications concerning

increasing trends and revisions of the sampling frequency must be

reported to the Agency in writing within 30 days after making the

determinations as provided in Section 840.144(f) of this Part.

2d)

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

period of two or more consecutive years and there are no superseding

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

A1

)

A hydrogeologic investigation; and

2)

An investigation to determine there are no exceedences of Class

I standards attributable to Ash Pond D at the outer edge of Zone

B; and

B3

)

Additional site investigation, if necessary.

3e)

Based on the outcome of the activities required by subsection (c)(2) (d) of

this Section, the owner or operator of Ash Pond D must take action to

mitigate increasing trends exceedences that are causing, threatening or

allowing exceedences of off-site groundwater quality standards as set

forth in Section 840.116(b)(2). occurring at the outer edge of Zone B.

Such actions must be proposed as a modification to the post-closure care

plan within 180 days after completion of the activities required by

subsection (c)(2) of this Section.

df)

In accordance with Section 840.144 of this Part, the The owner or operator of Ash

Pond D must submit an annual report to the Agency with the results of the trend

analysis required by subsection (b) of this Section and supporting data. The

annual report must include a discussion of any statistically significant increasing

trends, actions taken to mitigate increasing trends in accordance with subsection

(c)(3) of this Section, within Zone B and a copy of any notice submitted to the

Agency pursuant to subsection (c)(1)(A)

of this Section.

Section 840.120 118

Groundwater Collection Trench

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

discharge permit conditions, operate a groundwater collection trench along the south property

boundary of the Hutsonville Power Station to prevent migration of groundwater impacted by Ash

Pond D south of the property boundary. Plans for the groundwater collection trench including,

but not limited to, a plan for operation and maintenance, must be approved by the Agency in the

closure plan. The groundwater collection trench must be constructed according to a construction

quality assurance program that meets the requirements of Section 840.146 of this Part. Upon

approval by the Agency completion of the post-closure care certification required by Section

840.142140

of this Subpart, the owner or operator of Ash Pond D may discontinue operation of

the groundwater collection trench.

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Section 840.122 120

Groundwater Discharge System

Groundwater collected in the groundwater collection trench must be directed to an outfall for

which the Hutsonville Power Station has NPDES authorization or to another option as approved

by the Agency in the closure plan or post-closure care plan. Ash Pond B at the Hutsonville

Power Station consistent with wastewater discharge permit conditions. Groundwater collected

must be routed through the outfall from Ash Pond B as authorized by the Hutsonville Power

Station's NPDES permit in compliance with applicable water quality standards for the Wabash

River.

Plans for the groundwater discharge system including, but not limited to, a plan for

operation and maintenance, must be approved by the Agency in the closure plan. The

groundwater collection trench must be constructed according to a construction quality assurance

program that meets the requirements of Section 840.146 of this Part.

Section 840.124 122

Final Slope and Stabilization

a)

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

supporting vegetation and minimizing erosion.

b)

All slopes must be designed to drain runoff away from the cover and to

prevent ponding.

c)

Ash Pond D must meet the stability criteria of 35 Ill. Adm. Code 811.304. The

owner or operator may use coal combustion waste generated at the site in

establishing the final grade and slope. Any coal combustion waste used to

establish the final grade and slope is considered coal combustion byproduct, and

its use does not require any independent approval pursuant to 415 ILCS 5/3.135.

d)

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

establishing the final grade and slope as provided below:

1)

The earthen berms surrounding Pond D must be regraded to eliminate any

freeboard between the top of the berm and the adjacent surface of the coal

combustion waste;

2)

Additional coal combustion waste only may be placed directly on top of

coal combustion waste that is already in place;

3)

The maximum final slope must be no greater than three (3) percent;

4)

Any additional coal combustion waste used to establish the final grade and

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slope is considered coal combustion by-product, and its use does not

require any independent approval pursuant to Section 3.135 of the Act

(415 ILCS 5/3.135).

Section 840.126 124

Final Cover System

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

D. The final cover system must consist of a low permeability layer and a final protective layer.

a)

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

designed to minimize surface infiltration and must consist of a geosynthetic

membrane cover and be constructed in accordance with the following standards:

1)

The geosynthetic membrane must have a minimum thickness of 40 mil

(0.04 inches) and

, in terms of hydraulic flux, be equivalent or superior to a

three (3) foot layer of soil with a hydraulic conductivity of 1 x 10-7

centimeters per second. or less.

2)

The geosynthetic membrane must be placed over a prepared base free

from sharp objects and other materials that may cause damage.

b)

Standards for the final protective layer.

1)

The final protective layer must cover the entire geosynthetic

membrane.

2)

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

sufficient to protect the geosynthetic membrane from freezing and

minimize root penetration of the geosynthetic membrane.

3)

The final protective layer must consist of soil material capable of

supporting vegetation.

4)

The final protective layer must be placed as soon as possible after

placement of the geosynthetic membrane.

5)

The final protective layer must be covered with vegetation to

minimize wind and water erosion.

c)

Construction Quality Assurance Program. The final cover system must be

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constructed according to a construction quality assurance program that meets the

following requirements of Section 840.146 of this Part. :

1)

The operator must designate a construction quality assurance

("CQA") officer.

2)

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

construction is complete, a summary report must be either prepared by the

CQA officer or under the supervision of the CQA officer. The report must

include descriptions of the weather, locations where construction occurred

during the previous week, materials used, results of testing, inspection

reports, and procedures used to perform the inspections. The CQA officer

must certify the report.

3)

The CQA officer must exercise judgment to certify the following:

A)

That the bedding material contains no undesirable objects;

B)

That the closure plan has been followed;

C)

That the anchor trench and backfill are constructed to

prevent damage to the geosynthetic membrane;

D)

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

repaired; and

E)

That all geosynthetic membrane seams are properly

constructed and tested in accordance with manufacturer's

specifications.

Section 840.128 126

Closure Plan

a)

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

Pond D must prepare and submit to the Agency a closure plan for review and

approval

.

b)

The owner or operator of Ash Pond D must maintain the closure plan onsite

or at a location specified in the closure plan.

Section 840.130 128 Contents of Closure Plan

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The closure plan must contain

, at a minimum,

the following information or documents:

a)

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

Hutsonville Power Station and must clearly identify the following:

1)

All of the surface impoundments located at the site;

2)

All existing and proposed groundwater collection trenches associated

with the operation or closure of Ash Pond D;

and

3)

All existing and proposed groundwater monitoring wells.

; and

4)

Diagrams depicting Zone A and Zone B.

b)

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

include all of the following information:

1)

A description of the contents of Ash Pond D;

2)

The estimated volume of material contained in Ash Pond

D; and

3)

An analysis of the structural integrity of Ash Pond D.

c)

Description of the closure activities to be performed in accordance

with this Subpart and any additional activities performed by the

owner or operator to close Ash Pond D, including any dewatering.

d)

Description and results of the hydrogeologic site investigation required by

Section 840.110108

of this Subpart.

e)

Description of the groundwater trend analysis methods as required by Section

840.118116

of this Subpart.

f)

Plans, specifications and drawings for Description of the groundwater monitoring

system required by Section 840.112110

of this Subpart.

g)

Description of the groundwater monitoring program required by Section

840.114112 of this Subpart including, but not limited to, a description of the

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quality assurance program for sample collection, preservation and analysis

.

h)

Identification of the location of the monitoring wells used for trend

analyses required by Section 840.118116

of this Subpart.

i)

Plans, specifications and drawings for the groundwater collection trench and

discharge system set forth in Sections 840.120 and 840.122.

j)

Plans, specifications and drawings for the final slope design and construction and

demonstration of compliance with the stability criteria required in Section

840.124.

ki)

Plans, specifications and drawings for Description of the final cover system

required by Section 840.126124

of this Subpart.

lj)

Estimates of the amount of time to complete closure, including an estimate of

the time required for hydrostatic equilibrium of groundwater beneath Ash Pond

D,

the cost of closure, and the cost of post-closure care.

m)

A proposal for a groundwater management zone as set forth in Section 840.116(b)

of this Part, if applicable, and including, but not limited to, plans, specifications

and drawings for any structures or devices that must be constructed.

n)

Description of the Construction Quality Assurance program required by Section

840.146 of this Part including, but not limited to, the sampling programs required

by Section 840.146(b)(7) of this Part.

o)

Description of actions proposed to mitigate increasing trends in accordance with

Section 840.118(c) of this Part, if applicable, including, but not limited to, plans,

specifications, and drawings for any structures or devices that must be

constructed.

p)

The signature and seal of the professional engineer supervising the preparation of

the closure plan.

Section 840.132 130

Modification of Existing Permits

Within six months of the effective date of this Subpart A, the The owner or operator of Ash Pond

D must timely submit to the Agency an application to revise any state operating permit or

NPDES permit issued by the Agency as required by Sections Section 840.120118 and 840.122 of

Electronic Filing - Received, Clerk's Office, August 18, 2009

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this Subpart.

Section 840.134 132 Completion of Closure,

Closure Report and Certification of

Completion of Closure

a)

The owner or operator must complete closure of Ash Pond D within eighteen

months after the Agency’s approval of the closure plan.

b)

No later than 90 days after the completion of all closure activities required by this

Subpart

and approved in the closure plan, the owner or operator of Ash Pond D

must prepare and submit to the Agency a closure report for review and approval.

The report must include certification by a professional engineer that Ash Pond D

has been closed in accordance with the approved closure plan required by Section

840.128126 of this Part and the requirements of this Subpart. The report also

must contain supporting documentation including, but not limited to:

and include

all CQA reports required by Section 840.124(c)(2).

1)

Engineering and hydrogeology reports including, but not limited to,

monitoring well completion reports and boring logs, all CQA reports,

certifications, and designations of CQA officers-in-absentia required by

Section 840.146 of this Part;

2)

Photographs;

3)

A written summary of closure requirements and activities as set forth in

the closure plan and this Subpart A;

4)

Any other information relied upon by the professional engineer in making

the closure certification; and

5)

The signature and seal of the professional engineer supervising the

implementation of the closure plan, the preparation of the closure report,

and making the certification of completion of closure.

Section 840.136 134

Post-Closure Maintenance of Cover System

The owner or operator of Ash Pond D must maintain the surface of the cover system beginning

immediately after construction until approval of the post-closure report by the Agency.

a)

After closure, and until completion of the post-closure report, the owner or

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operator of Ash Pond D must conduct annual inspections of the cover system

at

the same time and frequency as the groundwater monitoring sampling schedule

set forth in Section 840.114 of this Part.

b)

The owner or operator of Ash Pond D must fill all rills, gullies, and

crevices six inches or deeper identified during the inspection

. Areas

identified as particularly susceptible to erosion must be recontoured.

c)

The owner or operator of Ash Pond D must repair all eroded and scoured

drainage channels identified during inspections

and replace lining material, if

necessary.

d)

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

depressions created by settling so as to prevent standing water.

e)

The owner or operator of Ash Pond D must revegetate all areas in excess of 100

square feet, cumulative, with failed or eroded vegetation.

that had previously

been vegetated.

f)

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

other damage to the geosynthetic membrane.

, if necessary.

g)

The owner or operator must prevent the growth of woody species on the

protective cover.

Section 840.138 136

Post-Closure Care Plan

a)

Within 180 days after the effective date of this Subpart A, the The

owner or

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

closure care plan.

b)

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

location specified in the post-closure care plan.

Section 840.140 138

Contents of Post-Closure Care Plan

The post-closure care plan must include, at a minimum,

the following elements:

a)

Description of the post-closure care activities required by Section 840.136134 of

this Subpart;

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b)

Description of the groundwater monitoring system required by Section

840.112110

of the Subpart and a description of the maintenance plan for the

groundwater monitoring system

;

c)

Description of the groundwater monitoring program required by Section

840.114112

of this Subpart;

d)

Identification of the location of the monitoring wells used for trend analyses

required by Section 840.118116 of this Subpart;

and

e)

Description of the operation and maintenance that will be required for the

groundwater collection trench and discharge system required by Sections 840.120

and 840.122 of this Part; A copy of the certification of closure required by

Section 840.132 of this Subpart.

f)

Description of the groundwater trend analysis methods as required by Section

840.118 of this Subpart;

g)

A proposal for a groundwater management zone as set forth in Section 840.116(b)

of this Part, if applicable;

h)

Description of actions proposed to mitigate increasing trends in accordance with

Section 840.118(c) of this Part, if applicable, and the operation and maintenance

of any structures or devices; and

p)

The signature and seal of the professional engineer supervising the preparation of

the post-closure care plan.

Section 840.142 140

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

Care Plan

Post-closure care must continue until a demonstration of compliance with the groundwater

quality standards as set forth in Section 840.116 has been approved by the Agency. The owner

or operator of Ash Pond D must prepare and submit to the Agency a post-closure report within

60 days after satisfying the requirements of the approved post-closure care plan and achieving

the applicable groundwater quality standards as set forth in the plan and Sections 840.116

through 840.118 of this Part. Sections 840.134 and 840.112(a)(3) of this Subpart. The post-

closure report must include a certification(s) by a professional engineer or professional

geologist that the standards and requirements set forth in this Subpart A and approved in the

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post-closure care plan of Section 840.134 and Section 840. 112(a)(3) of this Subpart

have been

met. A professional geologist may supervise post-closure care activities as appropriate under

the Professional Geologist Licensing Act (225 ILCS 745). The report also must contain

supporting documentation including, but not limited to:

a)

Engineering and hydrogeology reports including, but not limited to,

documentation of compliance with the groundwater quality standards of this

Subpart A;

b)

Photographs;

c)

A written summary of post-closure care requirements and activities as set forth in

the post-closure care plan and this Subpart A and their completion;

d)

Any other information relied upon by the professional engineer or professional

geologist, as appropriate for the activity, in making the post-closure care

certification(s); and

e)

The signature and seal of the professional engineer and professional geologist

supervising the implementation of the post-closure care plan, and the signature

and seal of the professional engineer supervising preparation of the post-closure

report and making the certification of completion of the post-closure care plan.

Section 840.144 142

Recordkeeping and Reporting Requirements

a)

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

electronically with the Agency each year during the closure of Ash Pond D and

for the entire post-closure care period. The owner or operator must submit

sampling data no later than 30 days after the end of the sampling period.

ab)

The owner or operator of Ash Pond D must file an annual report with the Agency

no later than January 31 of each year during the closure of Ash Pond D and for

the entire post-closure care period. Once the requirements of Section 840.142140

of this Subpart have been met, annual reports are no longer required.

The owner

or operator must submit groundwater sampling and analysis data no later than 30

days after the sampling and analysis have been completed.

bc

)

All annual reports must contain the following information:

1)

Trend analyses of all groundwater monitoring data generated by the

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groundwater monitoring program required by Section 840.114112 of this

Subpart during the preceding year

and any additional data or information

required by Section 840.118(d) of this Part;

and

2)

The completed closure or post-closure activities performed during the

preceding year. ; and

3)

A summary of all modifications made to the closure plan or post-closure

care plan during the preceding year and copies of the updated closure

and post-closure plans reflecting any such modifications.

cd

)

The owner or operator of Ash Pond D must maintain onsite or at a location

specified in the closure or post-closure care plan all monitoring data and trend

analysis data for 10 years following generation of the data.

de

)

The owner or operator of Ash Pond D must maintain the closure plan until

the end of the post-closure care period.

ef)

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

for 10 years following the certification of the post-closure report as required by

Section 840.142140

.

fg)

All reports and notifications required under this Subpart to be submitted to the

Agency must be submitted in writing to the Bureau of Water Land, Division of

Public Water Supplies, Attn: Hydrogeology and Compliance Unit, 1021 North

South

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

electronically as authorized and directed by the Agency.

Section 840.146 144 Construction Quality Assurance Program

Modification of Closure

Plan or Post-Closure Care Plan

a)

The following components must be constructed according to a construction

quality assurance program:

1)

Installation of the groundwater collection trench and discharge system

required by Sections 840.120 and 840.122 of this Part;

2)

Compaction of the final cover system subgrade and foundation to design

parameters;

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3)

Application of final cover, including installation of the geomembrane; and

4)

Construction of ponds, ditches, lagoons and berms.

b)

The construction quality assurance program must meet the following

requirements:

1)

The operator must designate a construction quality assurance ("CQA")

officer who is an Illinois licensed professional engineer (LPE).

2)

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

construction is complete, a summary report must be either prepared by the

CQA officer or under the supervision of the CQA officer. The report must

include descriptions of the weather, locations where construction occurred

during the previous week, materials used, results of testing, inspection

reports, and procedures used to perform the inspections. The CQA officer

must certify the report.

3)

The CQA officer must exercise judgment to certify the following:

A)

That the bedding material contains no undesirable objects;

B)

That the closure plan has been followed;

C)

That the anchor trench and backfill are constructed to

prevent damage to the geosynthetic membrane;

D)

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

repaired;

E)

That all geosynthetic membrane seams are properly

constructed and tested in accordance with manufacturer's

specifications;

F)

That the groundwater trench is constructed to intersect the water

table;

G)

That the groundwater trench is properly constructed to slope

towards extraction points, and the extraction equipment is properly

designed and installed;

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H)

That an appropriate operations and maintenance plan for the trench

and extraction and discharge equipment is provided;

I)

That proper filter material consisting of uniform granular fill, to

avoid clogging, is used in construction; and

J)

That the filter material as placed must possess structural strength

adequate to support the maximum loads imposed by the overlying

materials and equipment used at the facility.

4)

The CQA officer must supervise and be responsible for all inspections,

testing and other activities required to be implemented as part of the CQA

program under this Section.

5)

The CQA officer must be present to provide supervision and assume

responsibility for performing all inspections of the following activities:

A)

Compaction of the subgrade and foundation to design parameters;

B)

Application of final cover, including installation of the

geomembrane;

C)

Installation of the groundwater collection trench and discharge

system required by Sections 840.120 and 840.122 of this Part; and

D)

Construction of ponds, ditches, lagoons and berms.

6)

If the CQA officer is unable to be present to perform, as required by

subsection (b)(5) of this Section, the CQA officer must provide, in writing,

the reasons for his or her absence, a designation of a person who must

exercise professional judgment in carrying out the duties of the CQA

officer-in-absentia, and a signed statement that the CQA officer assumes

full responsibility for all inspections performed and reports prepared by

the designated CQA officer-in-absentia during the absence of the CQA.

7)

The sampling program must be implemented as part of the CQA plan for

all construction activities in order to ensure, at a minimum, that

construction materials and operations meet design specifications.

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A)

The sampling program must be designed prior to construction;

B)

The sampling program must be based upon statistical sampling

techniques and must establish and specify criteria for acceptance or

rejection of materials and operations.

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

modification is in accordance with the provisions of this Subpart. The updated plans must be

filed with the Agency pursuant to Section 840.142(c)(3) of this Subpart.

Section 840.148

Review, Approval, and Modification of Closure Plan and Post-Closure

Care Plan

The closure plan and post-closure care plan prepared and submitted to the Agency in accordance

with Sections 840.128 and 840.138 of this Part, and any modifications to those plans, must be

reviewed and approved by the Agency prior to implementation.

a)

A closure plan satisfying the requirements of Section 840.130 of this Part, a post-

closure care plan satisfying the requirements of Section 840.140 of this Part, and

any modifications to approved plans must be submitted to the Agency for review

and approval prior to implementation. The Agency will have 90 days from the

receipt of a plan or proposed modification to conduct a review and make a final

determination to approve or disapprove a plan or modification or to approve a

plan or modification with conditions.

1)

The Agency’s record of the date of receipt of a plan or proposed

modification to a plan will be deemed conclusive unless a contrary date is

proved by a dated, signed receipt from the Agency or certified or

registered mail.

2)

Submission of an amended plan or amended modification to a plan restarts

the time for review.

3)

The owner or operator may waive the Agency’s decision deadline upon a

request from the Agency or at the owner’s or operator’s discretion.

b)

A proposed modification to a closure plan or post-closure care plan must include

the reason for the modification, all the information and supporting documentation

that will be changed from or will supplement the information provided in the

original or most recently approved plan, and the signature and seal of the

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professional engineer supervising the preparation of the proposed modification.

c)

When reviewing a closure plan or modification, the Agency must consider:

1)

Whether the plan or modification contains, at a minimum, all the elements

required pursuant to Section 840.130 of this Part and has been

accompanied by the information and supporting documentation necessary

to evaluate the compliance of the proposed plan relative to the standards

and requirements of this Subpart A;

2)

Whether the activities, structures and devices proposed are in accordance

with the applicable standards and requirements of this Subpart A and are

otherwise consistent with generally accepted engineering practices and

principles of hydrogeology, accepted groundwater modeling practices,

appropriate statistical analyses, and appropriate sampling techniques and

analytical methods;

3)

The likelihood that the plan or modification will result in the containment

of the ash and associated contaminants and the attainment of the

applicable groundwater quality standards as set forth in Sections 840.116

and 840.118 of this Part;

4)

Whether the plan or modification contains the required professional

signatures and seals.

d)

When reviewing a post-closure care plan or proposed modification, the Agency

must consider:

1)

Whether the plan or modification contains, at a minimum, all the elements

required pursuant to Section 840.140 of this Part and has been

accompanied by the information and supporting documentation necessary

to evaluate the compliance of the proposed plan relative to the standards

and requirements of this Subpart A;

2)

Whether the activities, structures and devices proposed will be completed,

operated and maintained in accordance with the applicable standards and

requirements of this Subpart A and are otherwise consistent with generally

accepted engineering practices and principles of hydrogeology, accepted

groundwater modeling practices, appropriate statistical analyses, and

appropriate sampling techniques and analytical methods;

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3)

The management of risk relative to any remaining contamination,

including, but not limited to, provisions for the use of long-term

restrictions on the use of groundwater as a potable water supply, if

appropriate;

4)

Whether the plan or modification contains the required professional

signatures and seals.

e)

Upon completion of the review, the Agency must notify the owner or operator in

writing of its final determination on the plan or proposed modification. The

notification must be made by certified or registered mail post-marked with a date

stamp and with return receipt requested. The Agency’s final determination will

be deemed to have taken place on the post-marked date that the notice is mailed.

If the Agency disapproves a plan or modification or approves a plan or

modification with conditions, the written notification must contain the following

information, as applicable:

1)

An explanation of the specific type of information or documentation, if

any, that the Agency deems the owner or operator did not provide;

2)

A list of the provisions of the Act, this Subpart A, or other applicable

regulations that may be violated if the plan or modification is approved as

submitted;

3)

A statement of the specific reasons why the Act, this Subpart A, or other

applicable regulations may be violated if the plan or modification is

approved as submitted; and

4

A statement of the reasons for conditions if conditions are required.

f)

If the Agency disapproves a plan or modification, approves a plan or modification

with conditions, or fails to issue a final determination within the applicable review

period, the owner or operator may, within 35 days after receipt of the final

determination or expiration of the review period, file an appeal with the Board.

Appeals to the Board must be in the manner provided for the review of permit

decisions in Section 40 of the Act (415 ILCS 5/40).

Section 840.150

Review and Approval of Closure Report and Certification of

Completion of Closure, Post-Closure Report and Certification of

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Completion of Post-Closure Care Plan

The closure report and post-closure report prepared and submitted to the Agency in accordance

with Sections 840.134 and 840.142 of this Part must be reviewed and approved by the Agency

prior to the completion of closure or post-closure care.

a)

A closure report satisfying the requirements of Section 840.134 of this Part and a

post-closure report satisfying the requirements of Section 840.142 of this Part

must be submitted to the Agency for review and approval. Closure and post-

closure activities will not be deemed complete until the reports are approved by

the Agency.

b)

Submission and review requirements and deadlines, notification requirements,

and rights of appeal shall be the same as those set forth in Section 840.148 of this

Part for closure plans and post-closure care plans.

c)

When reviewing a closure report and certification of completion of closure, the

Agency must consider whether the documentation demonstrates that the activities,

structures and devices approved in the closure plan have been completed in

accordance with this Subpart A and the approved closure plan including, but not

limited to:

1)

The performance of the hydrogeologic site investigation required by

Section 840.110 of this Part;

2)

The installation of the groundwater monitoring system required by Section

840.112 of this Part;

3)

The installation of the groundwater collection trench and discharge system

or alternative as approved by the Agency as required by Sections 840.120

and 840.122;

4)

The construction of the final slope and compliance with the stability

criteria as required by Section 840.124 of this Part;

5)

The installation of the final cover system as required by Section 840.126

of this Part;

6)

Compliance with the Construction Quality Assurance requirements of

Section 840.146 of this Part;

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7)

The establishment of a groundwater management zone in accordance with

Section 840.116(b), if applicable;

8)

The implementation of actions to mitigate increasing trends as required by

Section 840.118(c) of this Part, if applicable;

9)

The presence of professional signatures and seals as required by Section

840.134.

d)

When reviewing a post-closure report and certification of completion of post-

closure care plan, the Agency must consider whether the documentation

demonstrates that the activities, structures and devices approved in the post-

closure care plan have been completed, operated and maintained in accordance

with this Subpart A and the approved post-closure care plan including, but not

limited to:

1)

The post-closure maintenance of the cover system as required by Section

840.136;

2)

The maintenance of the groundwater monitoring system in accordance

with Section 840.112(d);

3)

The implementation of the groundwater monitoring program as required

by Section 840.114 of this Part;

4)

The operation and maintenance of the groundwater collection trench and

discharge system, or alternative approved by the Agency, as required by

Sections 840.120 and 840.122;

5)

The performance of the groundwater trend analysis as required by Section

840.118 of this Part;

6)

The implementation of actions to mitigate increasing trends as required by

Section 840.118(c) of this Part, if applicable;

7)

Compliance with the requirements of the groundwater management zone

as established pursuant to Section 840.116(b), if applicable;

8)

Compliance with the groundwater quality standards set forth in Sections

Electronic Filing - Received, Clerk's Office, August 18, 2009

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840.116(a) and 840.116(b) as demonstrated in accordance with Section

840.118; and

9)

The presence of professional signatures and seals as required by Section

840.140.

Section 840.152

Resource Conservation and Recovery Act

Nothing in this Subpart A shall be construed to be less stringent than or inconsistent with the

provisions of the federal Resource Conservation and Recovery Act of 1976 (P.L. 94-480), as

amended, or regulations adopted thereunder. Any rules adopted in this Subpart A that are less

stringent than or inconsistent with such federal laws applicable to Ash Pond D or state laws

adopted to obtain federal delegation, authorization or approval of a state program administered

pursuant to such federal laws are void by operation of law.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

)

AMEREN ASH POND CLOSURE RULES

)

R09-21

(HUTSONVILLE POWER STATION) :

)

(Rulemaking – Land)

PROPOSED 35 ILL. ADM. CODE 840.101

)

THROUGH 840.144

)

PRE-FILED TESTIMONY OF WILLIAM E. BUSCHER, P.G., ON AMEREN’S PROPOSAL

AND THE AGENCY’S PROPOSED AMENDMENTS TO SECTIONS 840.100 THROUGH

840.106, 840.120 THROUGH 840.122, 840.132, AND 840.138 THROUGH 840.150

My name is William E. Buscher. I graduated from the University of Missouri-Rolla in

1984 with a B.S. in Geological Engineering and I am a licensed professional geologist. I am

currently the Manager of the Hydrogeology and Compliance Unit, Groundwater Section,

Division of Public Water Supplies, Illinois Environmental Protection Agency (“Agency”)

Bureau of Water (“BOW”). I have worked in the Groundwater Section for over 21 years. My

primary responsibilities include application of the Illinois Environmental Protection Act (“Act”)

and Illinois Pollution Control Board’s (“Board”) rules which pertain to groundwater. I am

responsible for the direct supervision of technical & professional staff implementing

groundwater protection, assessment and remediation programs. I also provide hydrogeologic

expertise to all programs within the BOW including Public Water Supplies, Industrial and

Municipal Wastewater Permits, Mine Permits, and for special reports and projects.

My testimony today and Attachment I, included with the testimony, provide part of the

basis for the Agency’s proposed changes to the AMEREN ENERGY GENERATING

COMPANY’s (“Ameren”) proposed site-specific rules for the closure of Ash Pond D at the

Hutsonville Power Station. For further detail on my qualifications I have enclosed a copy of my

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Curriculum Vitae in Attachment I.

Specifically, my testimony addresses the following Sections proposed by Ameren,

840.100 through 840.106, Section 840.118 through 840.120, Section 840.130, and Sections

840.136 through 840.144. However, because of the Agency’s proposed addition of a new

Section 840.108 for incorporations by reference and the resulting renumbering of the existing

sections, my testimony will refer to the Agency’s proposed Sections 840.100, 840.102, 840.104,

840.106, 840.120, 840.122, 840.132, 840.138, 840.140, 840.142, 840.144, 840.148, and 840.150

unless otherwise specified.

The purpose Section of Ameren’s proposed rule was not changed.

Section 840.100 Purpose

In this Section “post-closure care” was added for clarity by maintaining the distinction

between closure and post-closure care, both of which are required by this Subpart. The problem

arises because the term “closure” is used somewhat ambiguously to refer at times to the entire set

of procedures and requirements set forth in Subpart A and at other times to refer to the planning

and construction stage preceding the post-closure care period in which the structures and devices

put in place during the closure period combine to become the operational corrective action

activities.

Section 840.102 Applicability

In addition, the Agency struck the language excluding the closure of Ash Pond D from all

other requirements under Subtitle G because the Agency simply was unwilling at this point to

accept on its face such a broad assertion. Subtitle G currently covers a range of issues, and the

nature and extent of future modifications to Subtitle G is uncertain. The Agency concluded it

was unnecessary to make this assertion in this Subpart at this time.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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In the Agency’s amended Section 840.104 definitions have been added, deleted, and

refined. Four new definitions have been proposed. The first new definition is “Contaminant.”

This definition is found in the Act at 415 ILCS 5/3.165. It is added because the term is used

repeatedly throughout Subpart A.

Section 840.104 Definitions

Other new definitions include "on-site" and “off-site.” They are used to identify property

that is, or is not, part of the Hutsonville Power Station. The concepts are introduced in the

Agency’s Section 840.114, appear in several other sections, and are used as a basis for the

Agency’s proposed groundwater quality standards for the site and demonstrations of compliance.

The use of the terms will be discussed further in Mr. Cobb’s testimony on the Agency’s

proposed Sections 840.116 and 840.118.

The fourth new definition is “person.” This definition is found in the Act at 415 ILCS

5/3.315. It was added because the term is used in other definitions.

The definitions of “surface impoundment,” “Zone A” and “Zone B” have been stricken

from the Agency’s proposed rule. “Surface impoundment” has been stricken because its use in

Subpart A is infrequent and incidental. The proposal clearly is applicable to Ash Pond D

however it is characterized. In addition, the Agency specifically objects to the last sentence in

the definition because it overstates the Board’s conclusion in AS 09-1, which appears to be

limited to landfills subject to 35 Ill. Adm. Code 810-815, and because federal regulations are

anticipated in the relatively near future that may settle the waste management status of such

facilities under RCRA’s Subtitle C or D. The definitions of “Zone A” and “Zone B” were

stricken because they are inconsistent with the Agency’s view of how the closure should be

conducted. These changes will be discussed further in Mr. Cobb’s testimony.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Section 840.106 Abbreviations and Acronyms

GMZ was added to the acronym list. GMZ stands for Groundwater Management Zone

and is based on 35 Ill. Adm. Code 620.250.

The groundwater collection trench system is the engineered barrier which will be

designed to prohibit contaminated groundwater from moving off site and to capture

contaminated groundwater which has already migrated offsite. The Agency’s amended Section

840.120 requires the groundwater collection trench system design to be included in the closure

plan. The design plans will be reviewed by the Agency as part of the closure plan review.

Ameren must receive Agency approval prior to constructing the collection trench system. The

Agency’s amended language in this Section requires that the groundwater collection trench be

constructed in accordance with the construction quality assurance program requirements of the

Agency’s proposed Section 840.146. Ameren may discontinue operation of the groundwater

collection trench when the post-closure care certification required by Section 840.142 of this

Subpart, has been approved by the Agency.

Section 840.120 Groundwater Collection Trench

The current NPDES permit will need to be modified in order to accommodate the

discharge of contaminated water from the groundwater collection trench. This modification will

be required prior to operation of the trench. Ameren’s proposed language has been deleted in

Agency’s amended Section 840.122 due to the restrictions which it places on how the waste

water from the collection trench will be directed to the Wabash River discharge point. While the

Agency has no objections to Ameren’s preference to discharge through Ash Bond B, Ameren

may need to utilize an alternate discharge point if there are problems with permitting the

Section 840.122 Groundwater Discharge System

Electronic Filing - Received, Clerk's Office, August 18, 2009

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discharge through Ash Pond B. The Agency’s amended Section 840.122 requires Ameren to

obtain the required NPDES permits to discharge water from the collection trench to the Wabash

River and does not specify how the discharge is routed to the river or otherwise managed. The

purpose of this change was to provide Ameren with other discharge point options.

An important step in successfully implementing the amended rule is Ameren’s ability to

obtain the NPDES permit to discharge waste water from the trench into the Wabash River. The

issuance of a NPDES permit is completely independent of this rule and is governed by the

statutory rules pertaining to the NPDES permit process.

Section 840.132 Modification of Existing Permits

The Agency’s amended Section 840.132 requires Ameren to submit to the Agency an

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

required by Sections 840.120 and 840.122 of the Agency’s amended rule. This application must

be submitted to the Agency with in six (6) months of the effective date of this site-specific rule.

It is important to understand the issuance of a NPDES permit is completely independent of this

rule and is governed by the statutory rules pertaining to the permit process. The permit

modification will require a public notice. A public hearing may be requested which could

lengthen the time required to obtain a permit.

The Agency’s amended Section 840.138 requires Ameren to prepare and submit a post-

closure care plan within 180 days after the effective date of this site-specific rule.

Section 840.138 Post-Closure Care Plan

The Agency’s amended Section 840.140 adds more detail to Ameren’s post-closure care

plan. Subsection (b) has been amended to include requiring a description of the groundwater

Section 840.140 Contents of Post-Closure Care Plan

Electronic Filing - Received, Clerk's Office, August 18, 2009

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monitoring system maintenance plan. In the amended Subsection (e), a description of the

operation and maintenance plan for the groundwater collection trench and discharge system

required by Sections 840.120 and 840.122 of this proposed rule, has been required. Amended

Subsection (f) requires a description of the groundwater trend analysis methods as required by

Section 840.118 of the Agency’s amended rule. In amended Subsection (g) a requirement to

provide a proposal for a groundwater management zone as set forth in Section 840.116(b) of this

Agency’s amended rule has been added if the GMZ alternative is used. This would be required

only if the Ameren decides to pursue a groundwater management zone for off-site contamination

as provided in the Agency’s proposed Section 84.116(b). Amended Subsection (h) includes

providing a description of actions to be taken to address increasing trends in contaminant

concentrations on-site if required under the Agency’s proposed Section 840.118(c). Amended

Subsection (i) includes requiring the signature and seal of the professional engineer supervising

the preparation of the post-closure care plan

Section 840.142 Post-Closure Report and Certification of Completion of Post-Closure Care

Plan

Post-closure care must continue until a demonstration of compliance with the

groundwater quality standards set forth in Sections 840.116 through 840.118 of the Agency’s

proposed rule has been approved by the Agency. Amended Section 840.142 requires the owner

to submit to the Agency a post-closure report within 60 days after satisfying the requirements of

the approved post-closure care plan and achieving the applicable groundwater quality standards

set forth in the Agency’s proposed Sections 840.116 through 840.118. Additional supporting

documentation has been required in subsections (a) through (e) for post-closure work including

the signature and seal of the professional engineer and professional geologist supervising the

implementation of the post-closure care plan and the signature and seal of the professional

Electronic Filing - Received, Clerk's Office, August 18, 2009

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engineer supervising preparation of the post-closure report and making the certification of

completion of the post-closure care plan.

The Agency has proposed combining Subsections (a) and (b) from Ameren’s proposal

because they appeared to overlap. The Agency’s amended Subsection (a) requires the owner or

operator to file an annual report with the Agency no later than January 31 of each year during the

closure of Ash Pond D and for the entire post-closure care period. It also requires the owner or

operator to submit groundwater sampling and analysis data no later than 30 days after the

sampling and analysis have been completed, consistent with Ameren’s original proposal. The

Agency’s amended Subsection (b)(1) requires reporting increasing trends, actions taken to

mitigate increasing trends, and required notices as referenced in the amended Section

840.118(d). Ameren’s original subsection (c)(3) requiring Ameren to provide annual summaries

of all modifications to the closure and post-closure care plans was stricken because the Agency’s

proposal provides review and approval authority to the Agency for such changes. The Agency’s

amended subsection (f) contains updated Agency contact information for reporting purposes.

Section 840.144 Recordkeeping and Reporting Requirements

Section 840.148 Review, Approval, and Modification of Closure Plan and Post-Closure

Care Plan

The Agency proposes new Sections 840.148 and 840.150 to provide for the review,

approval and modification of closure and post-closure care plans. Ameren’s proposed rule does

not contain a provision for prior Agency review of these plans or other important documents,

reports and requirements, including several added to the proposal by the Agency. Instead, the

Agency would be a passive recipient of plans, reports, related modifications and other

documentation. It was decided this puts the Agency in the untenable position of receiving

substantial information about the site and ongoing activities but without authority to influence

Electronic Filing - Received, Clerk's Office, August 18, 2009

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actions with which it may not agree. Rather than being in a position to influence events as they

develop, the Agency’s only recourse would be to rely on enforcement for any violations after

they occur. In this regard, it was also a concern that Ameren’s proposal might not be sufficiently

prescriptive in some circumstances to support effective enforcement.

While the Board’s rules do contain a few rules that are largely self-implementing, the

Agency believes that the better approach in the case of the closure of a coal ash impoundment

with off-site groundwater contamination is for the Agency to be involved in an administrative

oversight capacity during the design, construction and implementation of closure and post-

closure care activities that are likely to continue over several years. This proactive approach is

consistent with the Agency’s obligation to assure compliance with the Act and rules adopted

thereunder. Therefore, the Agency has proposed Sections that provide for the Agency’s

administrative oversight throughout the closure and post-closure process, including the

associated procedural requirements.

The Agency’s new Section 840.148 requires the closure plan, post-closure care plan and

any modification to these plans to be prepared and submitted to the Agency for review and

approval. The Agency will have 90 days from the receipt of the plan or modification to review

and make a final determination to approve or disapprove or to approve with conditions the plan

or modification. The 90-day period starts with the receipt of the plan. Submission of an

amended plan or modification restarts the clock. The owner or operator may waive the Agency’s

decision deadline upon request from the Agency or at their own discretion. Modifications to a

closure plan or post-closure plan must include the reason for the change and supporting

documentation. At subsections (c) and (d), the Agency proposes standards for review of a

closure plan, post closure plan or a modification of either plan.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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The Agency must notify the owner or operator in writing of its final determination on the

plan or proposed modification once the plan has been reviewed. The notification must be made

by certified or registered mail post-marked with a date stamp and with return receipt requested.

The Agency’s final determination will be deemed to have taken place on the post-marked date

that the notice is mailed. If the Agency disapproves a plan or modification or approves a plan or

modification with conditions, the written notification must contain the following information, as

applicable: 1) An explanation of the specific type of information or documentation that the

Agency deems the owner or operator did not provide; 2) a list of the provisions of the Act,

Subpart A, or other applicable regulations that may be violated if the plan or modification is

approved as submitted; 3) a statement of the specific reasons why the Act, Subpart A, or other

applicable regulations may be violated if the plan or modification is approved as submitted; and

4) a statement of the reasons for conditions if conditions are required.

Section 840.150

Review and Approval of Closure Report and Certification of

Completion of Closure, Post-Closure Report and Certification of

Completion of Post-Closure Care Plan

The Agency’s proposed Section 840.150 is based on the same reasoning stated in my

testimony under Section 840.148 above, the Agency’s belief that administrative oversight is

appropriate for this site as it proceeds through the closure process. The proposed Section

840.150 requires a closure report and a post-closure report prepared and submitted to the Agency

in accordance with Sections 840.134 and 840.142 of the Agency’s amended rule to be reviewed

and approved by the Agency prior to the completion of closure or post-closure care. Closure and

post-closure activities will not be deemed complete until the reports are approved by the Agency.

The submission and review requirements and deadlines, notification requirements, and rights of

appeal are the same as those described above in my testimony on amended Section 840.148 for

Electronic Filing - Received, Clerk's Office, August 18, 2009

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closure plans and post-closure care plans. At subsections (c) and (d), the Agency proposes

standards for review of a closure report and post-closure report. Nine criteria for review are

listed for each.

This concludes my testimony. I will be happy to address any questions.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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ATTACHMENT I

CURRICULUM VITAE

WILLIAM E. BUSCHER P.G.

853 South Mac Arthur Blvd.

Springfield, Illinois 62704

Professional Experience

Illinois Environmental Protection Agency

April 1988 to Present

Bureau of Water

Division of Public Water Supplies

Groundwater Section

Springfield, Illinois

Public Service Administrator

September 1994 to Present

Duties Performed:

Hydrogeology and Compliance Unit Supervisor generally

responsible for the direct supervision of technical & professional staff

implementing groundwater protection, assessment and remediation programs.

Functions include construction & review of analytical and numerical groundwater

flow models, evaluation of the hydrogeologic aspects of groundwater protection

& remediation programs.

Environmental Protection Specialist IV

April 1993 to August 1994

Duties Performed:

Hydrogeology and Compliance Unit Supervisor generally

responsible for the direct supervision of technical & professional staff

implementing groundwater protection, assessment and remediation programs.

Functions include construction & review of analytical and numerical groundwater

flow models, evaluation of the hydrogeologic aspects of groundwater protection

& remediation programs.

Environmental Protection Engineer III

March 1991 to April 1993

Duties Performed:

Reviewing hydrogeologic aspects of implementing Illinois’

groundwater protection program. Including construction and reviewing analytical

and numeric groundwater flow models, completing groundwater protection needs

assessments, and reviewing groundwater remediation corrective action plans.

Providing technical assistance to community water supplies interested in

implementing well recharge area protection program.

Environmental Protection Engineer II

June 1990 to April 1991

Duties Performed:

Reviewing hydrogeologic aspects of implementing Illinois’

groundwater protection program. Including construction and reviewing analytical

and numeric groundwater flow models, completing groundwater protection needs

assessments, and reviewing groundwater remediation corrective action plans.

Providing technical assistance to community water supplies interested in

Electronic Filing - Received, Clerk's Office, August 18, 2009

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implementing well recharge area protection programs.

Environmental Protection Engineer I

April 1988 to May 1989

Duties Performed:

Review hydrogeologic aspects of implementing Illinois’

groundwater protection program. Including reviewing the lateral area of

influence determinations for pumping wells, and groundwater remediation

corrective action plans. Provided technical assistance to community water

supplies interested in implementing well recharge area protection programs.

Metropolitan St. Louis Sewer District

2000 Hampton Avenue

St. Louis, Mo 63139-2979

Construction Inspector

July 1987 to November 1987

Duties Performed:

Inspected sewer line installation, logged soil and rock test

borings and completed seismic studies for proposed sewer lines.

Lincoln Devore Inc. Geotechnical Consultants

1000 West Fillmore St.

Colorado Springs Co. 80907

Engineering Geologist

July 1984 to November 1986

Duties Performed:

Geotechnical report writing, soil and rock boring logging,

monitor well installation, percolation tests, geological mapping aerial photo

interpretation, seismic and resistivity studies, excavation observations and drilled

pier observations.

Education

University of Missouri-Rolla

Rolla, Missouri

Bachelor of Science Geological Engineering

May 1984

Licenses

Illinois Licensed Professional Geologist

September 1998

License Number

196.000656

Expiration Date

March 31, 2011

Additional Training

1992 United States Geological Survey (MODFLOW and MODPATH groundwater

modeling)

1995 Geology 435 - Computer Modeling of Groundwater Systems

Publications

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Buscher, W.E., and Cobb, R.P., 1990. Maximum Setback Zone Workbook. Illinois

Environmental Protection Agency. 62 pp.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

AMEREN ASH POND CLOSURE RULES

)

R09-21

(HUTSONVILLE POWER STATION) :

)

(Rulemaking – Land)

PROPOSED 35 ILL. ADM. CODE 840.100

)

THROUGH 840.152

)

PRE-FILED TESTIMONY OF LYNN E. DUNAWAY, P.G., ON AMEREN’S PROPOSAL

AND AGENCY’S PROPOSED AMENDMENTS TO SECTIONS 840.110 THROUGH 840.114

My name is Lynn E. Dunaway. I am a licensed professional geologist and an

Environmental Protection Specialist in the Hydrogeology and Compliance Unit, Groundwater

Section, Division of Public Water Supplies in the Illinois Environmental Protection Agency’s

(“Agency”) Bureau of Water (“BOW”). I have worked in the Groundwater Section for more

than 21 years. My primary responsibilities include application of the Illinois Environmental

Protection Act (“Act”) and Illinois Pollution Control Board’s (“Board”) rules, including review

of potable well setback zone waiver and exception submissions, Certification of Minimal

Hazard, Title 35 Part 620 Groundwater Quality Standards, Title 35 Part 615 Existing Activities

Within Setback Zones and Regulated Recharge Areas, and Title 35 Part 616 New Activities

Within Setback Zones and Regulated Recharge Areas. Such application includes being an expert

witness at Board hearings for setback zone exceptions and amendments to the groundwater

quality standards.

I also provide hydrogeologic expertise to all programs within the BOW

including Public Water Supplies, Industrial and Municipal Wastewater Permits, Mine Permits,

and for special reports and projects. Provision of hydrogeologic expertise includes court

testimony as needed. Further, I am a remedial project manager for sites not enrolled in other

Agency remedial programs, due to the unique circumstances of the sites. These sites typically

have a BOW permit and have contaminated groundwater, but no clear regulatory status beyond

Electronic Filing - Received, Clerk's Office, August 18, 2009

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the BOW permit. My current remedial projects include but are not limited to former ash

impoundment sites, coal mine refuse sites and bulk fuel terminal sites. I also serve as a mentor

in the Graduate Public Service Internship (GPSI) program and the Governor’s Environmental

Corp (GEC) program. For further detail on my qualifications I have enclosed a copy of my

Curriculum Vitae in Attachment 1.

My testimony today and Attachment 1, included with the testimony, provide part of the

basis for the Agency’s proposed changes to the AMEREN ENERGY GENERATING

COMPANY’s (“Ameren”) proposed site-specific rules for the closure of Ash Pond D at the

Hutsonville Power Station. Specifically, my testimony addresses Ameren’s proposed Sections

840.108 Hydrogeologic Site Assessment, 840.110 Groundwater Monitoring System and 840.112

Groundwater Monitoring Program. However, because of the Agency’s proposed addition of a

new Section 840.108 for incorporations by reference and the resulting renumbering of the

existing sections, my testimony will refer to these sections (and others) using the section

numbers proposed in the Agency’s amendments, 840.110, 840.112, and 840.114, unless

otherwise specified.

The Agency proposes substantive amendments to Ameren’s proposed language in its

Section 840.108. These changes are intimately related. First, the Agency proposes that any

hydrogeologic assessment proposed by Ameren be reviewed and approved by the Agency as part

of the closure plan. The proposed Ameren rule did not contain a provision for prior Agency

review of the hydrogeologic site investigation or several other key documents and activities

contained in the proposal. Instead, the Agency would be a passive recipient of plans, reports and

related modifications. While the Board’s rules do contain a few rules that are largely self-

Section 840.110 Hydrogeologic Site Assessment

Electronic Filing - Received, Clerk's Office, August 18, 2009

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implementing, the Agency believes that the better approach in the case of the closure of a coal

ash impoundment with off-site groundwater contamination is for the Agency to be involved in an

administrative oversight capacity during the design, construction and implementation of closure

and post-closure activities that are likely to continue over several years. This is consistent with

the Agency’s obligation to assure compliance with the Act and rules adopted under the Act.

Therefore, the Agency’s review of submitted documentation pursuant to those regulations and

involvement as decisions are made about site activities is essential. The submission and review

of closure and post-closure documents will be discussed further in testimony on the Agency’s

proposed Sections 840.148 and 840.150.

Second, the Agency has stricken Ameren’s proposed language to allow the use of any

hydrogeologic site assessment performed since 1999. While the Agency is not opposed to the

use of hydrogeologic data gathered since 1999, the Agency should be able to review and approve

the appropriateness of the data’s inclusion in a current assessment. As written by Ameren, any

site assessment data, whether it is still valid or not, could be used to satisfy this requirement.

Third, the Agency has proposed language intended to focus the hydrogeologic assessment

on the nature and extent of contaminants originating from Ash Pond D. As proposed by Ameren,

the rule would allow any hydrogeologic assessments completed since 1999 to be used to assess

hydrogeology, groundwater impacts, and the design of a groundwater monitoring system for Ash

Pond D. The Agency believes these interrelated amendments are appropriate since the purpose

of this site-specific rule is the closure of Ash Pond D, and data used for that purpose should be

relevant to circumstances at Ash Pond D.

Section 840.112 Groundwater Monitoring System

Electronic Filing - Received, Clerk's Office, August 18, 2009

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The Agency proposes substantive changes to the language Ameren proposed in its

Section 840.110. A requirement for Agency review and approval of the planning for the

groundwater monitoring system was not contained in Ameren’s proposed rule, but has been

added by the Agency as part of the closure plan. This change is proposed to assure that the

groundwater monitoring system will be capable of providing the Agency with data adequate to

perform its oversight duties. The Agency also proposes a new Subsection 840.112(b). The

language proposed by the Agency allows the option of expanding the monitoring system that

currently exists at appropriate locations, if required, to demonstrate compliance with applicable

groundwater standards under this rule. The Agency believes the monitoring system’s

functionality should not be limited by including only the existing monitoring system. The

Agency’s changes to Ameren’s proposal are intended to assure that a monitoring system capable

of collecting the data required to demonstrate compliance with Ash Pond D closure and post-

closure requirements is planned and operated, without adding unnecessary cost. To that end, the

Agency has not proposed the elimination of individual monitoring wells in operation since 1999

as part of an overall monitoring well system provided those wells will assist in meeting the

requirements of this Section. To expedite the review and approval process, the Agency has

proposed to incorporate the design of the groundwater monitoring system as part of the closure

plan rather than making this a separate submittal.

The Agency has also stricken Subsection 840.112(d). As proposed by Ameren, this

Subsection provides general guidelines for the use of appropriate sample collection and analysis

procedures. However, the Agency believes discussion of the Groundwater Monitoring System

should be limited to monitoring well characteristics, such as the number of wells, construction

Electronic Filing - Received, Clerk's Office, August 18, 2009

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details and placement. Therefore, the Agency has added more detailed language on sample

collection, preservation and analysis in Section 840.114.

The Agency proposes significant changes to the Section 840.114 groundwater monitoring

program language Ameren proposed in its Section 840.112. In order to ensure that the

groundwater monitoring program is consistent with the requirements of Section 840.114 and

related requirements, the Agency proposes to include the groundwater monitoring program in the

closure plan, just as it did with the hydrogeologic assessment and the groundwater monitoring

system. It is the Agency’s intent that once the closure plan has been approved, and the

groundwater monitoring system installed as agreed, the monitoring plan will be implemented

even if the rest of the closure construction activities have not been completed. The Agency has

proposed amendments to Ameren’s language in the opening paragraph of Section 840.114 and in

Subsection 840.114(a) to reflect these changes.

Section 840.114 Groundwater Monitoring Program

The Agency also proposes a quarterly monitoring frequency for all of the contaminants

included in 35 Ill. Adm. Code 620.410(a) and (d) (except radium 226 and radium 228). Ameren

lists the same contaminants in its proposed Sections 840.112(a) and (b). Monitoring all

contaminants on the same schedule eliminates most of Ameren’s proposed 840.112(b), which

proposed annual monitoring for inorganic constituents exceeding “Class I groundwater quality

standards.” The contaminants contained in Ameren’s 840.112(a) are good indicator parameters

for ash impacts. For example, Boron is abundant in coal ash, mobile in groundwater and would

be an excellent contaminant for impact assessment. There is however, no dispute that an impact

exists. Ameren has presented abundant documentation in the technical support document for this

rule that Ash Pond D has impacted groundwater both on-site and off-site at the Hutsonville

Station. The purpose of the proposed rule is the closure of Ash Pond D, which will provide a

Electronic Filing - Received, Clerk's Office, August 18, 2009

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final remedy for on-going groundwater contamination. To accomplish the remedy, the rule

provides means to limit further groundwater impact with a low permeability cover, an extraction

trench, and monitoring and analysis of the data to identify trends and assure compliance with

applicable groundwater standards. Given the length of time Ash Pond D was in service (1968 to

approximately 2000), contaminants found in coal ash, other than the indicator contaminants,

could have impacted groundwater. Therefore, a full assessment of contaminants that may be

present in groundwater is needed to adequately characterize and protect the resource. The

Agency’s proposal allows Ameren to discontinue monitoring any contaminant, except boron,

iron, manganese, sulfate, TDS and pH (the indicator contaminants), after one year if the

contaminant has been below the detection limit four consecutive quarters or is not statistically

above background concentrations in the down-gradient wells of the monitoring system installed

pursuant to Section 840.112. The comparison of contaminant concentrations to background

concentrations is critical, and is discussed in detail in Mr. Cobb’s testimony. A minimum of

four quarters of monitoring is proposed to account for seasonal variation in groundwater quality.

Additional monitoring events may be required to determine statistical significance for some

contaminants, but non-detected contaminants could be proposed for elimination in the first

annual report pursuant to Section 840.144. In addition, the Agency added Section 840.114(d) to

ensure that sampling and analysis data are provided to the Agency in a timely manner consistent

with Ameren’s proposed Section 840.142(a). Under the Agency’s proposal, after one year

Ameren will only be required to monitor the indicator contaminants to track the success of the

remedial activities and any other contaminants that are, or have the potential to, impact

groundwater.

Electronic Filing - Received, Clerk's Office, August 18, 2009

---

In its proposal at Subsections 840.114(b) and (c) the Agency includes conditions under

which Ameren may reduce their monitoring frequency. The Ameren proposal contains these

conditions in Subsections 840.112(a)(1) and (2), but the Agency’s proposed requirement for

review and approval before implementation or modifications to the post-closure care plan

necessitates some language changes. Additionally, the Agency proposes in Subsection

840.114(c) to eliminate the option of moving to an annual monitoring schedule after 15 years

unless the conditions for monitoring reduction can be met. The Agency believes that the low

permeability cover and the extraction trench proposed by Ameren will allow Ameren to

successfully achieve the applicable groundwater standards at the Hutsonville site. However, if

for some unforeseen reason Ash Pond D continues to cause statistically significant increases in

groundwater contamination, in spite of implementation of the closure plan, quarterly or semi-

annual monitoring pursuant to Section 840.118, should continue as long as required to assure the

protection of the off-site water resource.

The Agency proposes a new Subsection 840.114(e). As proposed by Ameren, this rule

contained only general guidelines for appropriate sample collection and analytical procedures.

To provide more direction, the Agency proposes language that parallels the monitoring and

analytical requirements of 35 Ill. Adm. Code 620.510, which identifies specific documents that

address these issues. The methods and procedures listed by the Agency are proposed for

incorporation by reference at Section 840.108.

The Agency included a requirement to establish a quality assurance program as part of

the overall Groundwater Monitoring Program at Subsection 840.114(f). This requirement was

proposed by Ameren, but the Agency moved the requirement to Section 840.114, as the Agency

Electronic Filing - Received, Clerk's Office, August 18, 2009

---

believes a quality assurance program for sample collection, preservation and analysis more

directly relates to the Groundwater Monitoring Program.

This concludes my testimony. I will be happy to address any questions.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Attachment 1

Curriculum Vitae

Of

Lynn E. Dunaway

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Lynn E. Dunaway

516 South Cherokee

Taylorville, Illinois 62568

Phone (H) 217/391-6766 (W) 217/785-2762

Professional Experience

Ilinois Environmental Protection Agency

February 1988 to Present

Bureau of Water

Division of Public Water Supplies

Groundwater Section

Springfield, Illinois

Environmental Protection Specialist III

April, 1991 to Present

Duties include:

Currently in this position: provide hydrogeologic review and technical

input to all Bureau of Water Programs and Office of Emergency Response on

groundwater issues; regularly respond to questions concerning the Illinois Environmental

Protection Act (Act) and associated regulations, from the public, press, other

governmental bodies and industry; review and respond to documents submitted pursuant

to the regulations; remedial project management at facilities under Bureau of Water

permits and unpermitted sites; assist with the development of regulations in support of

the (Act) including testimony before the Illinois Pollution Control Board (Board);

provide technical input for special projects requiring geologic expertise, including pre-

trial documents and testimony in court and before the Board; design and routine

maintenance of tracking logs and data bases for the support of various groundwater

programs; assist in the preparation of routine reports concerning various aspects of the

States groundwater protection programs; assist in the design of a data base to track and

enhance compliance with the regulations under the Act; Participate as mentor in the

Graduate Public Service Internship (GPSI) program and the Governor’s Environmental

Corp (GEC) program.

Environmental Protection Specialist II

June, 1989 to April, 1991

Duties include:

the quality control process used for the Sections ambient groundwater

monitoring programs before entry into the SAFE system for periodic transfer to the

STORET data base; use the SAFE System; use of the STORET System; assist with the

development of regulations in support of the Illinois Groundwater Protection Act (Act);

regularly respond to questions concerning the Act; provide technical review of

assessments submitted to the Section; provide technical input for special projects

requiring geologic expertise; lead worker for the Agency's first Draft submittal for

approval of the (WHPP); assist in the preparation of routine combined section 106/319

grant reports; design and routine maintenance of tracking logs and data bases for the

support of various groundwater programs; assist in the preparation of routine reports

concerning various aspects of the States groundwater protection programs.

Environmental Protection Specialist I

February, 1988 to June, 1989

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Duties include:

learn the quality control process used for the Sections ambient

groundwater monitoring programs before entry into the SAFE System for periodic

transfer to the STORET data base; learn to use the SAFE System; occasionally respond to

questions concerning the Act; provide technical input for special projects requiring

geologic expertise; routine maintenance of tracking logs for the support of various

groundwater programs; assist in the preparation of routine reports concerning various

aspects of the States groundwater protection programs.

Analytical Logging Inc.

August, 1982 to January, 1986

Shreveport Louisiana

South Texas District

Corpus Christi, Texas

Lead Well Site Geologist

March, 1984 to January, 1986

Duties Included:

over site of a two or three man team; provide daily progress reports

summarizing drilling activities and important hydrocarbon detections to field office and

home office geologists and engineers; correlation and interpretation of geophysical logs;

geologic evaluation of lithologic samples to determine geologic formation and

hydrocarbon potential; packed column gas chromatography for hydrocarbon analysis;

evaluation techniques to predict high pressure zones; routine maintenance of all systems

utilized; creating a graphical representation correlating the geology, drilling parameters

and hydrocarbon detections for each well.

Well Site Geologist

August, 1982 to February, 1984

Duties Included:

correlation and interpretation of geophysical logs; geologic evaluation

of lithologic samples to determine geologic formation and hydrocarbon potential; assist

with packed column gas chromatography for hydrocarbon analysis; learn evaluation

techniques to predict high pressure zones; learn routine maintenance of all systems

utilized; creating a graphical representation correlating the geology, drilling parameters

and hydrocarbon detections for each well.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Other Work Experience

Grain/ Livestock Farm Hand

February 1986 to July 1986

and October 1987 to December 1987

Shipping/Receiving Clerk

August 1986 to November 1986

Agrichemical Service Company Laborer

March 1987 to June 1987

Meat Packing Company Laborer

July 1987 to September 1987

Education and Training

Bradley University

August, 1978 to May, 1982

Peoria, Illinois

Bachelor of Science; Geology

Northern Illinois University

June, 1982 to July, 1982

Dekalb, Illinois

Post-graduate work; Field Mapping of the Black Hills Region, South Dakota

USEPA Groundwater Monitoring and Restoration

June 1 & 2, 1993

Short course on behavior of DNAPLs in the subsurface and case studies

USEPA Risk Assessment Guidance for Superfund

October 18-21, 1993

Environmental response training and case studies

Computer Modeling for Groundwater Systems

August 21, to December 16, 1995

Basis of groundwater models, Dr. Larry Barrows, Illinois State University

Applied Ground Water Statistics for Landfills Short Course

July 8 & 9, 1997

Statistical techniques for detection and compliance monitoring

Statistical Methods in Water Resources

August 6-10, 2001

Application of statistical methods, University of Illinois, Springfield

Ozark Underground Laboratory Karst Short Course

March 12, 2003

Unique features and case studies in karst geologic settings

Aqueous Geochemistry for Environmental Regulators

March 9 & 10, 2004

Short Course by Dr. Stephen Van der Hoven, Illinois State University

Overview of Environmental Geophysics

May 6, 2004

Review of common equipment advantages/disadvantages, by USEPA and Tetra Tech.

Geotechnology for Non-Engineers

April 20, 2005

Key principles and concepts of Geotechnolgy, by Dr. Timothy Stark, University of Illinois

Fate and Transport Processes and Models

March 29 & 30, 2006

Key elements of transport, models & assumptions, by Dr. Atul Salhotra, RAM, Inc.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Introduction to ArcGIS I

March 10 & 11, 2008

Introduction to the features and functions of ArcGIS and use thereof, by Carmen Maso’, USEPA

Forty Hour Safety Training with Annual Eight Hour Refresher per 29 CFR 1910.120

Last refresher 2/26/2009

Licenses

Licensed Professional Geologist (Illinois)

March 31, 1998

License Number:

196-000608

Expiration Date:

March 31, 2011

Electronic Filing - Received, Clerk's Office, August 18, 2009

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

AMEREN ASH POND CLOSURE RULES

)

R09-21

(HUTSONVILLE POWER STATION) :

)

(Rulemaking – Land)

PROPOSED 35 ILL. ADM. CODE 840.101

)

THROUGH 840.144

)

PRE-FILED TESTIMONY OF RICHARD P. COBB, P.G., ON AMEREN’S PROPOSAL AND

THE AGENCY’S PROPOSED AMENDMENTS TO SECTIONS 840.116 AND 840.118

My name is Richard P. Cobb. I am a licensed professional geologist and the Deputy

Manager of the Division of Public Water Supplies of the Illinois Environmental Protection

Agency’s (“Illinois EPA” or “Agency”) Bureau of Water (“BOW”). My primary responsibilities

include managing the Groundwater and Source Water Protection, Field Operations, and the

Administrative Sections of the Division. Further, I assist with administering the public water

supervision program under the federal Safe Drinking Water Act (“SDWA”). Additionally, my

responsibility includes the integration of source water protection with traditional water supply

engineering and treatment practices, and to further assist with linking Clean Water Act, SDWA,

and groundwater programs. I also directly manage the BOW’s Groundwater Section. The

Groundwater Section applies Geographic Information System (“GIS”) programs, global

positioning system technology, hydrogeologic models (including, 3D geologic visualization,

vadose zone, groundwater flow, particle tracking, solute transport, and geochemical models), and

geostatistical programs for groundwater protection and remediation. I represent the BOW on

Illinois EPA’s Contaminant Evaluation Group, Strategic Management Planning Team,

Environmental Justice Committee, Information Management Steering Committee, GIS Steering

Committee and the Lead. Since 1985 I have worked on the development of legislation, rules, and

regulations. I have also served as a primary Agency witness at Illinois Pollution Control Board

Electronic Filing - Received, Clerk's Office, August 18, 2009

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(“Board”) proceedings in the matter of groundwater quality standards, technology control

regulations, regulated recharge areas, maximum setback zones, clean-up regulations, and water

well setback zone exceptions. Furthermore, I have served as a primary Agency witness in

enforcement cases under these laws and regulations.

For further details on my qualifications I have enclosed a copy of my Curriculum

Vitae in Attachment VII. This testimony and attachments I – VI included with this testimony

describe the basis for the Illinois EPA’s proposed changes to the applicable groundwater quality

standards in AMEREN ENERGY GENERATING COMPANY’s (“Ameren”) proposed site-

specific rules for the closure of Ash Pond D at the Hutsonville Power Station. Specifically, my

testimony addresses Ameren’s proposed Sections 840.114 and 840.116. However, because of the

Agency’s proposed addition of a new Section 840.108 for incorporations by reference and the

resulting renumbering of the existing sections, my testimony will refer to these sections (and

others) using the section numbers proposed in the Agency’s amendments, 840.116 and 840.118,

unless otherwise specified.

The purpose of my testimony is to start the panel of Illinois EPA witness testimony

with the discussion regarding the sections that drive the site-specific rulemaking for Ameren’s

Hutsonville Ash Pond D, Ameren’s proposed Sections 840.114 Compliance Zones and 840.116

Demonstration of Compliance. These sections and topics are central to the proposal and the

Agency’s proposed amendments because Ameren has presented abundant documentation in the

technical support documents for this rule that Ash Pond D has impacted groundwater both on-site

and off-site at the Hutsonville facility. (see Attachments I through III) The purpose of the

proposed rule is the final closure of Ash Pond D, and, in the Agency’s opinion, this should include

a return to compliance with the groundwater quality standards of 35 Ill. Adm. Code 620 to the

Electronic Filing - Received, Clerk's Office, August 18, 2009

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extent practicable. Therefore, I start with the Agency’s proposed Sections 840.116 and 840.118

because the rest of the proposal primarily addresses how these standards will be achieved.

Ameren has proposed in its Section 840.114 two compliance zones consisting of Zones A

and B, with Zone A described as the “upper migration zone underlying Pond D” and Zone B

described as the “upper migration zone located east of Pond D, extending 500 feet south onto the

adjacent landowner’s property, and running to the Wabash River.” Ameren’s Statement of

Reasons (“SOR”), p. 28; Ameren Proposal §§ 840.114, 840.104.

Within these zones,

“concentrations of parameters as monitored” would be “authorized,” and no groundwater quality

standards would apply including those in 35 Ill. Adm. Code 620 (“Part 620”). SOR at 28; Ameren

Proposal § 840.114(a). In other words, upon adoption of Ameren’s proposal and thereafter, there

will be no limits on concentrations of contaminants within these zones.

Brief Comparison of Groundwater Quality Standards and Compliance

Within Zone B, facility compliance will be determined by an annual trend analysis of the

monitoring data.

Id

. at 28; §§ 840.114(b), 840.116(a) – (c). Compliance will be achieved and

groundwater monitoring discontinued when “no statistically significant increasing trend that can

be attributed to Pond D is detected in the concentration of any such constituent at the downgradient

monitoring wells inside Zone B for three consecutive years after changing to an annual monitoring

frequency” and “all concentrations of constituents monitored in accordance with Section 840.112

are at or below Class I groundwater quality standards for a period of five years.” Ameren Proposal

§ 840.112(a)(3). Thus, compliance could be monitored at the downgradient boundaries of Zone B

where “Class I groundwater quality standards” would be achieved with no increasing trend.

However, corrective action would be complete, and no groundwater quality standards would apply

Electronic Filing - Received, Clerk's Office, August 18, 2009

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within Zones A and B, with any “concentrations of parameters as monitored” deemed acceptable

within these areas regardless of future occurrences or sources of contamination.

The Agency’s view is that an approach similar to the Board’s rules for groundwater

management zones (“GMZ”) in 35 Ill. Adm. Code 620 is generally acceptable for the Hutsonville

site itself, but that off-site compliance should be more consistent with the Board’s groundwater

quality standards at Part 620 including the nondegradation standard unless an off-site GMZ can be

established as discussed later in my testimony. Compliance with any off-site standards is further

complicated because the Agency believes the lower migration zone in Ameren’s proposed Zone B

also has been contaminated by constituents from Ash Pond D at levels below the numerical Class I

groundwater quality standards of 35 Ill. Adm. Code 620.410 but above the Class I nondegradation

standard at 35 Ill. Adm. Code 620.401 and 620.Subpart C. Moreover, the lower migration zone is

a source of water for irrigation of crops while boron, one of the indicator contaminants, is known

to be phyto-toxic at 2 milligrams per liter. Therefore, the Agency has proposed in its Sections

840.116 and 840.118: 1) Groundwater quality standards for both on-site and off-site contamination

that more consistently reflect the existing Board standards; 2) elimination of the compliance zone

concepts of Zones A and B with substitution of the down-gradient boundaries of the Hutsonville

site as the compliance point for both on-site and off-site contamination; and 3) appropriate

methods of demonstrating compliance with the proposed standards at the proposed compliance

points. The remainder of my testimony describes these changes and the underlying reasons in

more detail.

In its Section 840.116(a), the Illinois EPA proposes, because of the existing contamination,

that the groundwater quality standards that apply on-site during closure and post-closure activities

Section 840.116 Groundwater Quality Standards

Electronic Filing - Received, Clerk's Office, August 18, 2009

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should be the existing concentrations as determined by groundwater monitoring for the

contaminates that exceed the applicable Class I numerical groundwater quality standards

(“standards”) at 35 Ill. Adm. Code 620.410. The Illinois EPA recommends that the existing

concentrations, as determined by groundwater monitoring, apply during closure and post-closure

to prevent causing or allowing any further degradation to occur as consistent with Section 12(a) of

the Act (415 ILCS 5/12(a)). After the completion of closure and post-closure, the on-site standard

would be the monitored concentrations if the monitored concentrations are above the Class I

numerical standards and if the three conditions specified in subsections 840.116(a)(1) through

(a)(3) are satisfied. These conditions are similar to those required when winding down GMZs in

which a return to full compliance has not been achieved by the corrective action. 35 Ill. Adm.

Code 620.450(a)(4).

In its Section 840.116(b), the Illinois EPA proposes that the groundwater quality standards

that apply off-site at all times are as provided in 35 Ill. Adm. Code 620.401, 620.410 and

620.Subpart C -- the Class I numerical and nondegradation standards. The Agency believes these

standards reflect current law. It is not persuaded that the Hutsonville site should be treated as a

special case for off-site groundwater contamination, especially considering this rule may become a

template for the closure of a significant number of other ash impoundments. However, because

existing contamination already exceeds these standards, the Agency proposes that the numerical

standards for returning to compliance under this rule would be applicable only in the upper

migration zone (in which numerical standards already have been exceeded) while the

nondegradation standard would apply only in the lower migration zone (in which the

nondegradation standard already has been exceeded). The Agency has not proposed that the

nondegradation standard apply in the upper migration zone off-site to remain consistent with the

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Board’s requirement at subsection 620.302(c).

2

The Agency’s proposed Section 840.116(b) offers the alternative of establishing an off-site

GMZ as provided in 35 Ill. Adm. Code 620.250 with the written permission of the property

owner(s). This offers more flexibility because groundwater quality standards for the GMZ are as

set forth in Section 620.450(a) for a variety of circumstances including the inability to achieve the

numerical standards using the approved corrective action methods -- in this case, the final cover

system, groundwater collection trench and groundwater discharge system. However, the Agency

has always required the written permission of affected property owners for the establishment of

off-site GMZs, so the details for the GMZ off-site alternative would have to be worked out at a

later time. The Agency’s proposed amendment simply provides this option as an alternative to

strict compliance with the numerical and nondegradation standards as described above.

Ameren’s modeling shows that the final cover

system, the groundwater collection trench and the groundwater discharge system, if permitted,

should combine to achieve a return to off-site compliance with the Agency’s proposed standards

over a period of approximately 25 years. (see Attachment IV) Technical Support Document

(“TSD”), Chap. 8, p. 534, Fig. 17D.

The issue of whether the upper and lower aquifers (

i.e.,

20 foot fine-grained alluvium

underlain by 70 feet of coarse grained sands and gravels), described by Ameren as separate units,

should be considered to be one hydrologic unit is closely related to the Agency’s proposal of

separate groundwater quality standards for the off-site upper and lower migration zones and its

proposed application of the nondegradation standards in the lower migration zone. The Illinois

EPA recommends that the upper and lower aquifers should be considered one hydrologic unit,

especially in the southeast corner where monitoring well (“MW”) 14 is showing contamination

2

“If a contaminant exceeds a standard set forth in Section 620.410 . . ., the appropriate remedy is corrective action and

Sections 630.305 and 620.310 do not apply.” 35 Ill. Adm. Code 620.302(c).

Electronic Filing - Received, Clerk's Office, August 18, 2009

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(TSD, Chapter 5, p. 51) (see Attachment II). Ameren asserts that this lower aquifer is under

confined conditions, but also indicates on Page 13 of the SOR that contamination is occurring in

the lower aquifer above background in MW 14. The deep alluvial aquifer is hydraulically

connected to the fine-grained alluvium in some areas of the site, as can be seen in the

potentiometric surface

3

maps (TSD, Chapter 5, Fig. 2-9, p. 40) (see Attachment V)

confirmed by

groundwater quality data (TSD, Chapter 5, pp. 51-52) (see Attachments II, III). Potentiometric

surface maps in this exhibit show nested wells MW-7 (fine-grained shallow alluvium) and MW-

7D (coarse grained deep alluvium) with identical water levels, or near identical levels with a slight

downward gradient (TSD, Chap. 6, Fig. 2, p. 214) (see Attachment VI). This hydraulic connection

is further reflected by the boron, sulfate, manganese, pH and total dissolved solids (“TDS”)

contamination (boron, sulfate, TDS, pH) seen in the coarse grained deep alluvial well MW-14.

4

3

“Potentiometric surface” means a surface that represents the level to which water will rise in tightly cased wells. If

head varies significantly with depth in the aquifer, there may be more than one potentiometric surface. The water table

is a particular potentiometric surface for an unconfined aquifer.

It

should be noted that this represents an exceedence of the Board’s nondegradation standards.

Based on the hydraulic connection, the uppermost aquifer must include the deep alluvial aquifer in

relation to evaluating off-site impacts to the south and southeast of Ash Pond D. This issue is not

critical on-site.

4

In addition, the Agency has requested, and Ameren has consented to provide results of, an enriched tritium analysis

at MW 14 as a further indication of whether the upper and lower migration zones are one hydrologic unit. Tritium

concentrations in groundwater provide a useful method for determining the degree of confinement of an aquifer. The

naturally occurring tritium level in rainwater (pre-bomb) is estimated at 5 to 10 tritium units (TU). However, the

amount of tritium in the atmosphere was greatly increased as a result of nuclear weapons testing causing recharge

waters to be "tagged" with excess tritium beginning in about 1954. Nuclear weapons testing resulted in atmospheric

tritium levels in excess of 1000 TU. Modern day values have declined to levels between 50 and 100 TU with the

decline attributed to the elimination of atmospheric nuclear weapons testing and radioactive decay.

Tritium analysis is

used to estimate the time since recharge to the groundwater system occurred and the susceptibility of the groundwater

system to contamination. Groundwater systems with recharge occurring prior to the 1950s will have a tritium level

decreased by radioactive decay to levels at or below one TU. These groundwater systems are considered "confined."

Conversely, groundwater systems which have been recharged after the early 1950s will contain tritium levels at, or

significantly above, the natural "pre-bomb" background concentrations and are considered "unconfined."

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Further, Ameren indicates that it considers the contaminant concentrations in the lower part

of the aquifer to be insignificant because the levels found did not exceed the numerical standards:

Groundwater within the deep alluvial aquifer complies with Class 1 groundwater

quality standards and reflects only nominal impacts in the deep alluvial aquifer from

Pond D

in only one of the five wells. The lack of significant groundwater impacts in

the deep alluvial aquifer after more than 40 years of Pond D operation provides further

evidence that the silts and shales separating the upper migration zone of the from the

deep aquifer are an effective confining layer. (Emphasis added)

TSD, Chap 5, p. 18. Contamination in the lower zone appears to be attributable to the radial

gradient produced by mounding in Ash Pond D and seasonal pumping in the off-site irrigation

well, which appears to eventually change the direction of groundwater flow to the southeast. TSD,

Chap. 5, p. 40, Fig. 2-9. (see Attachment V) Moreover, the irrigation well is screened in the lower

zone of the aquifer. There maybe less impact to the lower part of the aquifer than to the upper part

because of the transient nature of the cone of depression, produced by the seasonal use of the off-

site irrigation well.

The Illinois EPA reiterates that the nondegradation requirements of the Act (415 ILCS

5/12(a) and 12(d)), and the Board groundwater quality standards (35 Ill. Adm. Code 620.401,

620.Subpart C) apply to off-site groundwater down-gradient of Ash Pond D in the lower zone of

the unconsolidated aquifer. Although the site-specific rule proposed by Ameren does not

recognize the nondegradation requirements under the Act and Board regulations, results from

monitoring well MW 14, located in the lower zone of the aquifer, show exceedences of the

Board’s nondegradation standards. Thus, the concentrations in the lower aquifer do not comply

with the Class I standards:

Groundwaters must meet the standards appropriate to the groundwater's class as

specified in this Subpart and the nondegradation provisions of Subpart C.

(Emphasis

added)

35 Ill. Adm. Code 620.401.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Since I have personally been involved in the promulgation, implementation and

enforcement of the groundwater quality standards since the middle 1980’s, I think it is

important to briefly review some of the history of the nondegradation standard, especially

since it frequently is not acknowledged and may arise in other coal ash impoundment closure

scenarios. Since the inception of the Act in 1970, it has been the policy of the State of

Illinois to restore, protect, and enhance the groundwater of the State as a natural and public

resource. Groundwater has an essential and pervasive role in the social and economic

well-being of Illinois, and it is vitally important to general health, safety, and welfare.

Groundwater resources should be utilized for beneficial and legitimate purposes; waste and

degradation of the resource should be prevented; and the underground water resource should

be managed to allow for maximum benefit of the State. Groundwater used as drinking water

is one of the highest beneficial uses of the groundwater resource. Another beneficial use that

is covered under Class I groundwater is irrigation. Therefore, the off-site migration of boron

from this site is specifically relevant due to the off-site irrigation well. The Illinois

Groundwater Protection Act (“IGPA”) defines "resource groundwater" as groundwater that is

presently being or in the future capable of being put to beneficial use by reason of being of

suitable quality (415 ILCS 55/3(j)).

The Illinois Supreme Court, in upholding a previous Board decision, determined the

following for this very site prior to Ameren’s ownership:

The Board, at the outset, disagrees with CIPS’ interpretation of the definition of water

pollution in the Act. The Board argues that the Act treats water as a resource, and

that pollution occurs whenever contamination is likely to render water unusable.

Under the Board’s interpretation there is no need to show that actual harm

will

occur,

only that harm

would

occur if the contaminated water were to be used. Since the

Board is charged with administering the Environmental Protection Act, its

interpretation of the statute is entitled to deference. (Citations omitted) Under the

Board’s view any contamination which prevents the State’s water resources from

Electronic Filing - Received, Clerk's Office, August 18, 2009

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being usable would constitute pollution, thus allowing the Board to protect those

resources from unnecessary diminishment. CIPS’ interpretation, on the other hand

would mean that water rendered unusable would not be polluted so long as use of the

water ceased subsequent to contamination. We find the Board’s interpretation

preferable to CIPS’ interpretation, especially considering the deference we must

accord to the Board.

(Italics original; underlining added)

Central Illinois Public Service Company v. Pollution Control Board

, 116 Ill.2d 397, 409 –

10.

Additionally, the Board’s opinion, in regard to

Water Quality Standards Revisions

(#R71-

14), and

Water Quality Standards for Intrastate Waters

(SWB-14) (#R71-20) indicated the

following:

203 General Standards. Today’s revision is based upon the principle that all waters

should be protected against nuisances and against health hazards to those near them;

that all waters naturally capable of supporting aquatic life, with the exception of a few

highly industrialized streams consisting primarily of effluents in the Chicago area,

should be protected to support such life; and that waters that are used for public water

supply should be clean enough that ordinary treatment processes will assure their

potability

...

...Since general criteria apply to all waters designated for public water supply, the

present regulation omits separate requirements for those parameters whose general

standards are tight enough to protect public water supplies: boron, chromium, copper,

fluoride, mercury, silver and zinc. The remaining standards are based largely upon

Public Health Service standards, as amplified by the Green Book and by McKee and

Wolf. While the PHS explicitly states that its standards are intended to prescribe the

quality of finished rather than of raw water, it is clear from the evidence that many of

the metals and other contaminants here listed are not substantially affected by

ordinary water supply treatment, and therefore, as the Green Book recommends, the

raw water must itself meet the standard to assure satisfactory finished water.

(Emphasis added)

The phrase “ordinary treatment processes,” emphasized in the Board’s opinion

6

, applied to

the lowest common denominator of a private drinking water system

7

6

Board’s opinion, in regard to

Water Quality Standards Revisions

(#R71-14), and

Water Quality Standards for

Intrastate Waters

(SWB-14) (#R71-20)

well or future use by such a

well, is one of the keys to understanding Illinois’ nondegradation requirements for groundwater.

7

A private drinking water system is defined as a system that serves an owner occupied single family dwelling (415

ILCS 55/9(a)).

Electronic Filing - Received, Clerk's Office, August 18, 2009

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First, it is important to note that there is a significant difference between what is considered

ordinary treatment processes for surface water versus groundwater sources of drinking water. All

community water systems (“CWS”) using surface water apply coagulation, sedimentation,

filtration, disinfection, and treatment for taste and odor. Private drinking water systems do not use

surface water as a source of drinking water due to the inherent vulnerability of surface water

resources to contamination and the associated cost for treating such water. Secondly, there is a

significant difference between what is considered ordinary treatment processes for a small CWS

using groundwater versus a private drinking water system well.

The small CWS using

groundwater has more treatment infrastructure resources available than the owner of a private well.

Lastly, a private well owner typically only has to chlorinate his or her well to use the groundwater

for potable uses. Thus, this defines the lowest common denominator of what “ordinary treatment

processes” means to the protection of Class I: Potable Resource Groundwater. In other words, the

Act

8

and Board regulations prohibit a person for causing, threatening or allowing contamination of

potable resource groundwater above what is not removed by ordinary treatment processes in a

private drinking water system well. For example, a plume of boron at a concentration above

background or naturally occurring levels, moving toward a private drinking water system well, is

considered a threat to diminishing the existing Class I groundwater resource, since boron can only

be removed by advanced treatment processes. This diminishment of resource groundwater (415

ILCS 55/3(j)) may lead to preclusion of the use of the well if the private well owner chooses not to

use it (e.g., suitability) due to the contamination.

9

8

Section 12(a) of the Act (415 ILCS 5/12(a) provides that: “ No person shall: (a) cause, threaten or allow the

discharge of contaminants into the environment in any State so as to cause or tend to cause water pollution in Illinois,

either alone or in combination with matter from other sources, or so as to violate regulations or standards adopted by

the Pollution Control Board under this Act.” (Emphasis added)

9

As the Illinois Supreme Court noted in the CIPS-Hutsonville case:

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The Illinois EPA framed and the Board adopted the following after the legal cornerstones

detailed above:

a)

No person shall cause, threaten or allow the release of any contaminant to a

resource groundwater such that:

1)

Treatment or additional treatment is necessary to continue an existing

use or to assure a potential use of such groundwater; or

2)

An existing or potential use of such groundwater is precluded.

35 Ill. Adm. Code 620.301 (General Prohibition against Use Impairment of Resource

Groundwater) (Emphasis added).

To summarize, the Illinois EPA is not recommending that the nondegradation requirements

be applied to concentrations on-site that already exceed background and Class I numerical

standards. However, the Illinois EPA is recommending that those existing concentrations not be

increased. This is addressed in more detail in my discussion of the Agency’s proposed Section

840.118(c) below. Moreover, contaminants in off-site groundwater must not cause, threaten or

allow contamination above existing concentrations. This would constitute continuing degradation

off-site.

The contaminant transport modeling conducted by Ameren shows that these

concentrations in the upper migration zone of the aquifer will decrease over time in response to the

interceptor trench and capping. TSD, Chap. 8, p. 534, Fig. 17D. (see Attachment IV) The Illinois

EPA believes that, if the concentration in the upper zone of the aquifer is decreased by the

corrective action measures, it will at least not increase the concentration in the lower zone of the

aquifer and probably will decrease it as shown in Ameren’s modeling.

The Board also notes that the long period of potential contamination makes prediction of future water

needs difficult. The geological make-up of the area makes future use as a water supply desirable, even

if, with the exception of CIPS’ wells, there is currently no need for water-supply wells in the

immediate area. The Board found that it was “difficult to project * * * what land uses might be even

20 years from now . . . .

Central Illinois Public Service Company v. Pollution Control Board

, 116 Ill.2d at 411-12.

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Section 840.118 Demonstration of Compliance

As noted above, Ameren has proposed that compliance will be achieved and groundwater

monitoring discontinued when “no statistically significant increasing trend that can be attributed to

Pond D is detected in the concentration of any such constituent at the downgradient monitoring

wells inside Zone B for three consecutive years after changing to an annual monitoring frequency”

and “all concentrations of constituents monitored in accordance with Section 840.112 are at or

below Class I groundwater quality standards for a period of five years.” Ameren Proposal §

840.112(a)(3). Because the Agency has proposed that groundwater quality standards will apply to

the Hutsonville site and off-site properties affected by groundwater contamination from Ash Pond

D, it also has proposed compliance points and demonstrations of compliance that differ from

Ameren’s and are suitable for the Agency’s proposed standards.

The Agency’s proposed Section 840.118(a) sets forth the circumstances in which

compliance will be achieved both on-site and off-site. Subsection (a)(1) provides that compliance

with the on-site standard in Section 840.116(a) will be achieved when monitoring at the down-

gradient boundaries of the Hutsonville site after a change to an annual monitoring frequency

shows no statistically significant increasing trend for four consecutive years. Given the

monitoring frequencies established in Section 840.114, the soonest on-site compliance could be

achieved would be fourteen years after monitoring begins. If there are no increasing trends, then

steady state conditions or decreasing trends will signify that the conditions for on-site compliance

in Section 840.116(a) have been satisfied. Subsection (a)(2) requires a demonstration of off-site

compliance by monitoring at the downgradient boundaries of the Hutsonville site for two

conditions: 1) A statistically significant decreasing trend for four consecutive years after changing

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to an annual monitoring frequency, and 2) compliance with the upper and lower migration zone

groundwater quality standards set forth in Section 840.116(b).

The first point to note about Section 840.116(a) is that, with the elimination of Zones A and

B, the Hutsonville property boundary downgradient of Ash Pond D is the applicable vertical

plane of compliance for both on-site and off-site groundwater quality standards. Even though

there are two sets of off-site standards in one aquifer for the upper and lower migration zones,

nested wells can be used to monitor simultaneously at the upper and lower levels. Moreover, the

practical outcome is that it appears that the final cover system, interceptor trench and discharge

system is the appropriate remedy to decrease off-site contamination in the upper part of the

aquifer, and to also subsequently prevent increases in concentrations in the lower zone of the

aquifer off-site.

Section 840.118(b)(1) provides that on-site compliance with Section 840.118(a)(1) will be

demonstrated using an annual trend analysis for each monitoring well at the downgradient

boundaries of the Hutsonville site and each constituent that is above the Class I numerical

standards of Section 620.410. A trend is established with a minimum of four consecutive samples,

and the absence of an increasing trend after changing to annual monitoring will demonstrate

compliance as provided in Section 840.116(a)(1). Subsection (b)(2) also relies on the trend

analysis to demonstrate off-site compliance with the decreasing trend requirement as well as

requiring monitoring data to demonstrate strict compliance with the groundwater quality standards

proposed in Section 840.116(b) for the upper and lower migration zones.

As an alternative to the requirements of Sections 840.116(b), 840.118(a)(2) and

840.118(b)(2) for achievement and demonstrations of off-site compliance, the establishment of an

off-site GMZ under Section 840.116(b) would enable Ameren and the Agency to develop

Electronic Filing - Received, Clerk's Office, August 18, 2009

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alternative groundwater quality standards, compliance points and demonstration requirements as

provided in 35 Ill. Adm. Code 620 and to the extent appropriate at this site.

Section 840.118(c) uses the trend analysis concept to identify increasing trends that would

indicate that the final cover system, interceptor trench and discharge system are not working as

planned or that other causes of contamination are interfering with the results of these structures

and operations. In effect, an increasing trend will indicate further degradation of the groundwater

quality that will require additional investigation pursuant to subsections (c)(1) and (c)(2) and

possibly further corrective actions pursuant to subsection (c)(3) to mitigate the increasing trends.

Section 840.118(d) provides reporting requirements for the trend analyses required for

demonstrations of compliance and related matters.

This concludes my testimony. I will be happy to address any questions.

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Attachment I

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Attachment II

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Attachment III

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Attachment IV

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Attachment V

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21

Attachment VI

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ATTACHMENT VII - CURRICULUM VITAE of

RICHARD P. COBB, P.G.

Work Experience

Deputy Manager, Division of Public Water Supplies (DPWS)

,

Bureau of Water (BOW), Illinois

Environmental Protection Agency (EPA). (5/02- Present) My primary responsibilities include

managing the: Groundwater Section, Field Operation Section, and the Administrative Support Unit

of the Division. Further, I assist with administering the public water supervision program under

the federal Safe Drinking Water Act (“SDWA”) and the Wellhead Protection Program (“WHPP”)

approved by the United States Environmental Protection Agency (‘U.S. EPA”). Additionally, my

responsibility includes the integration of source water protection with traditional water supply

engineering and treatment practices, and to further assist with linking Clean Water Act and SDWA

programs. I also directly manage the BOW’s Groundwater Section. The Groundwater Section

applies Geographic Information System (“GIS”) programs, global positioning system (“GPS”)

technology, hydrogeologic models (3D geologic visualization, vadose zone, groundwater flow,

groundwater particle tracking, solute transport, and geochemical models), and geostatistical

programs for groundwater protection and remediation projects. The Groundwater Section also

continues to operate a statewide ambient groundwater monitoring program for the assessment of

groundwater protection and restoration programs. I also do extensive coordination with federal,

state and local stakeholders including the Governor appointed Groundwater Advisory Council

(“GAC”), the Interagency Coordinating Committee on Groundwater (“ICCG”), four Priority

Groundwater Protection Planning Committees, Illinois Source Water Protection Technical and

Citizens Advisory Committee, and with the Ground Water Protection Council (“GWPC”),

Association of State Drinking Water Administrators (“ASDWA”), and the Association of State

and Interstate Water Pollution Control Administrators (“ASWIPCA”) to develop and implement

groundwater protection policy, plans, and programs. I represent the BOW on Illinois EPA’s:

Contaminant Evaluation Group (“CEG”); Strategic Management Planning Team; Environmental

Justice Committee; GIS Steering Committee; Information Management Steering Committee; and

Leadership in Energy and Environmental Design for Existing Building (“LEED-EB”) Committee.

Since starting with Illinois EPA in 1985, I have worked on the development of legislation, rules

and regulations. I have also served as a primary Illinois EPA witness before Senate and House

legislative committees, and at Illinois Pollution Control Board (“Board”) proceedings in the matter

of groundwater quality standards, technology control regulations, cleanup regulations, regulated

recharge areas, maximum setback zone, and water well setback zone exceptions. Furthermore, I

have served as primary Illinois EPA witness in enforcement matters.

Manager, Groundwater Section

,

DPWS, BOW, Illinois EPA. (9/92-5/02) My primary

responsibilities included development and implementation of Illinois statewide groundwater

quality protection, USEPA approved WHPP, and source water protection program.

The

Groundwater Section worked with the United States Geological Survey (“USGS”) to refine Illinois

EPA’s ambient groundwater monitoring network using a random stratified probability based

design. The Groundwater Section continued to operate a statewide ambient groundwater

monitoring program for the assessment of groundwater protection and restoration programs based

on the new statistically-based design. I co-authored a

Guidance Document for Conducting

Groundwater Protection Needs Assessments

with the Illinois State Water and Illinois State

Geological Surveys. I also continued to conduct extensive coordination with federal, state and

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local stakeholders including the Governor appointed GAC, the ICCG, four Priority Groundwater

Protection Planning Committees, Illinois Source Water Protection Technical and Citizens

Advisory Committee, and at the national level as Co-chair of the GWPC Ground Water Division to

develop and implement groundwater protection policy, plans, and programs. I also served

periodically as Acting Manager for the Division of Public Water Supplies. Additionally, the

Groundwater Section provided hydrogeologic technical assistance to the BOW Permit Section and

Mine Pollution Control Program to implement source water protection, groundwater monitoring

and aquifer evaluation and remediation programs. I continued to work on the development of

legislation, rules and regulations. I also served as a primary Illinois EPA witness at Board

proceedings in the matter of groundwater quality standards, technology control regulations,

regulated recharge areas and water well setback zone exceptions. Furthermore, I served as an

Agency witness in enforcement matters.

Acting Manager, Groundwater Section

,

DPWS, BOW, Illinois EPA. (7/91-9/92) My

responsibilities included continued development and implementation of Illinois statewide

groundwater quality protection, U.S. EPA approved WHPP, and ambient groundwater monitoring

program. The Groundwater Section developed the Illinois EPA’s WHPP pursuant to Section 1428

of the SDWA and was fully approved by U.S. EPA. Illinois EPA was the first state in U. S. EPA

Region V to obtain this approval. I performed extensive coordination with state and local

stakeholders including the Governor appointed GAC, the ICCG to develop and implement

groundwater protection, plans, policy, and programs.

Developed and implemented the

establishment of Illinois’ Priority Groundwater Protection Planning Committees. Developed and

implemented Pilot Groundwater Protection Needs Assessments. The Groundwater Section also

provided hydrogeologic technical assistance to the BOW Permit Section and Mine Pollution

Control Program staff to develop groundwater monitoring and aquifer evaluation, remediation

and/or groundwater management zone programs. I also served as a primary Agency witness at

Board proceedings in the matter of groundwater quality standards and technology control

regulations. Additionally, I served as an Agency total quality management (“TQM”) facilitator,

and TQM trainer.

Manager of the Hydrogeology Unit

,

Groundwater Section, DPWS, Illinois EPA (7/88-7/91)

Managed a staff of geologists and geological engineers that applied hydrogeologic and

groundwater modeling principals to statewide groundwater protection programs. Developed, and

integrated the application of GIS, GPS, geostatistical, optimization, vadose zone, solute transport,

groundwater flow and particle tracking computer hardware/software into groundwater protection

and remediation projects. Conducted extensive coordination with state and local stakeholders

including the Governor appointed GAC and ICCG to develop and implement groundwater

protection policy, plans, and programs. Developed and implemented a well site survey program to

inventory potential sources of contamination adjacent to community water supply wells.

Additionally, I worked on the development of rules to expand setback zones based on the lateral

area of influence of community water supply wells. Furthermore, I provided administrative

support to the Section manager in coordination, planning, and supervision of the groundwater

program. I also assisted with the development of grant applications and subsequent management

of approved projects. In addition, I assisted the section manager with regulatory and legislative

development in relation to the statewide groundwater quality protection program. I also served on

the Illinois EPA’s Cleanup Objectives Team (“COT”).

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Environmental Protection Specialist I, II, and III, Groundwater Section

, DPWS, Illinois EPA.

(7/85-7/88) I was the lead worker and senior geologist in the development and implementation of

Illinois statewide groundwater quality protection program. I worked on the development of

Illinois EPA’s ambient groundwater monitoring network, and field sampling methods and

procedures with the USGS. I published the first state-wide scientific paper on volatile organic

compound occurrence in community water supply wells in Illinois. In addition, I assisted with the

development of

A Plan for Protecting Illinois Groundwater

, and the legislation that included the

Illinois Groundwater Protection Act

.

Consulting Well Site Geologist

,

Geological Exploration (GX) Consultants, Denver Colorado.

(3/81-12/83)

I worked as a consulting well site geologist in petroleum exploration and

development for major and independent oil companies. I was responsible for the geologic

oversight of test drilling for the determination and presence of petroleum hydrocarbons. Prepared

geologic correlations and performed analysis of geophysical logs, drilling logs and drill cuttings.

Supervised and analyzed geophysical logging. Made recommendations for conducting and

assisted with the analysis of drill stem tests and coring operations. In addition, I provided daily

telephone reports and final written geologic reports to clients.

Undergraduate Teaching Assistant

,

Geology Department, Illinois State University. (3/79-3/81) I

was responsible for teaching and assisting with lecture sessions, lab sessions, assignment

preparation and grading for Petrology, Stratigraphy and Geologic Field Technique courses.

Undergraduate Education

B.S Geology

, 1981, Illinois State University (“ISU”). Classes included field geology at South

Dakota School of Mines and Technology, and Marine Ecology Paleoecology at San Salvador Field

Station, Bahamas

Post Graduate Education

Applied Hydrogeology

, 1984, ISU Graduate Hydrogeology Program

Engineering Geology,

1984, ISU Graduate Hydrogeology Program

Geochemistry for Groundwater Systems

, 1986, USGS National Training Center

Hydrogeology of Waste Disposal Sites

, 1987, ISU Hydrogeology Program

Hydrogeology of Glacial Deposits in Illinois

, 1995, ISU Graduate Hydrogeology Program

MODFLOW, MODPATH and MT3D groundwater modeling

, 1992, USGS National Training

Center

24 Hour Occupational Health & Safety Training

, 1994

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Computer Modeling of Groundwater Systems

, 1995, ISU Graduate Hydrogeology Program

Introduction to Quality Systems Requirements and Basic Statistics

, 2001, U.S. EPA

Source Water Contamination Prevention Measures

, 2001, U.S.EPA, Drinking Water Academy

Fate and Transport Processes and Models

, 2006, Risk Assessment and Management Group, Inc.,

National Response Plan (NRP), an Introduction

IS-00800.A, 2007, EMI

National Incident Management System (NIMS) an Introduction

IS-00700

, 2006, Emergency

Management Institute (EMI),

Intermediate ICS for Expanding Incidents

IS-00300

, 2008, EMI

ICS for Single Resources and Initial Action Incidents

IS-00200

, 2006, EMI,

Introduction to the Incident Command System (ICS)

IS-00100

, 2006, EMI

License

Licensed Professional Geologist

196-000553, State of Illinois, expires 3/31/2011

Certification

Certified Professional Geologist

7455, Certified by the American Institute of Professional

Geologists 4/88

Certified Total Quality Management Facilitator

, 5/92, Organizational Dynamics Inc.,

Summary of Computer Skills

I have utilized the following computer programs ARC VIEW, Aqtesolv, SURFER, WHPA,

DREAM, AQUIFEM, MODFLOW, MODPATH, and MT3D.

Professional Representation

Illinois EPA liaison to the

GAC

and representative on the

ICCG

(1988 – present)

Senate Working Committee on Geologic Mapping

.

Illinois EPA representative and subcommittee chairman,

State Certified Crop Advisory Board

,

and

Ethics and Regulatory Subcommittee

established in association with the American Society of

Agronomy/American Registry of Certified Professionals in Agronomy, Crops and Soils (1995 –

2001)

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Illinois groundwater quality standards regulations technical work group

(1988 – 1991).

ICCG State Pesticide Management Plan Subcommittee

for the protection of groundwater.

Illinois EPA representative,

State task group involved with developing the siting criteria for a low

level radioactive waste site in Illinois.

Fresh Water Foundation's Groundwater Information System (GWIS)

project in the great lakes

basin.

Illinois EPA technical advisor,

four priority regional groundwater protection planning

committees

designated by the Director to advocate groundwater protection programs at the local

level (1991 – present)

Groundwater Subcommittee of the National Section 305(b) Report, of the Clean Water Act

Consistency Workgroup

.

Ground Water Protection Council’s Wellhead Protection Subcommittee

.

Co-Chair,

Groundwater Division of the GWPC

on (September 1997 to 2003)

Chairman,

Illinois’ Source Water Protection Technical and Citizens Advisory Committee

.

United States Environmental Protection Agency National Ground Water Report Work Group

.

One of 10 state representatives serving on a work group sponsored by U.S. EPA headquarters

charged with development of a national report to be submitted to the U.S. Congress on the status

and needs for groundwater protection programs across the country. (January 1999 to July 2000)

Illinois EPA representative,

Northeastern Illinois Planning Commission Water Supply Task

Force

. The purpose of this task force is to assist the Commission in the development of a

Strategic Plan for Water Resource Management. (March 1999 to 2001)

GWPC/U.S. EPA Futures Forum Work Group

providing input on source water protection for the

next 25 years. (January 1999 to 2001)

GWPC/ASDWA work group providing input into the U.S. EPA Office of Ground and Drinking

Water Strategic Plan for Source Water Protection

. June 2000 to March 2005.

Co-Chair

,

U.S. EPA Headquarters/GWPC/ASDWA/ASWIPCA workgroup to develop the second

Ground Water Report to Congress

. March 2002 –present.

Chair,

ICCG Groundwater Contamination Response Subcommittee

responsible for developing a

new strategy for responding to groundwater contamination and the subsequent notification of

private well owners. March 2002 – April 2002.

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Illinois EPA representative

,

ICCG Water Quantity Planning Subcommittee

working on

development of a surface and groundwater quantity- planning program for Illinois. June 2002 –

January 2003

Chair,

ICCG Right-to-Know (RTK) Subcommittee,

2006

GWPC, Groundwater Science and Research Advisory Board, 2007

Professional Affiliation

American Institute of Professional Geologists

Illinois Groundwater Association

Ground Water Protection Council

National Groundwater Association -Association of Groundwater Scientists and Engineers

Sigma Xi

– The Scientific Research Society

Honors

Sigma Xi

-

Elected to

Sigma Xi

The Scientific Research Society for undergraduate research

conducted and presented to the Illinois Academy of Science. 4/81

Director’s Commendation Award

- Participation in the development of the City of Pekin, Il.

Groundwater Protection Program and commitment to the protection of Illinois groundwater. 7/95

Certificate of Appreciation

- Outstanding contribution to the development of the Ground Water

Guidelines for the National Water Quality Inventory 1996 Report to Congress from the United

States Environmental Protection Agency Office of Ground Water and Drinking Water. 8/96

Groundwater Science Achievement Award

- Illinois Groundwater Association for outstanding

leadership and service in the application of groundwater science to groundwater protection in

Illinois and in the development of the wellhead protection program and pertinent land-use

regulations. 11/97

Certificate of Appreciation

- GWPC for distinguished service, remarkable dedication, valuable

wisdom and outstanding contribution as a GWPC member, division co-chair and special

committee member. 9/99

Drinking Water Hero Recognition

- United States Environmental Protection Agency

Administrator Carol Browner at the 25

th

Anniversary of the Federal Safe Drinking Water Act

Futures Forum in Washington D.C. 12/99.

Certificate of Recognition

- United States Environmental Protection Agency Region V

Administrator Fred Lyons for outstanding achievements in protecting Illinois’ groundwater

resources. 12/99

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Exemplary Systems in Government (ESIG) Award

- Nomination by the Governor’s Office of

Technology from the Urban and Regional Information Systems Association (URISA) for the

Illinois EPA’s Source Water Assessment and Protection Internet Geographic Information System.

6/01

Expert Witness Experience

IN THE MATTER OF: GROUNDWATER QUALITY STANDARDS (35 ILL. ADM. CODE

620), R89-14(B) (Rulemaking).

Subject: I served as the principal witness recommending

adoption of this Illinois EPA Agency proposal. R89-14(B) was adopted by the Board. The

standards became effective January 1991.

STATE OIL COMPANY vs. DR. KRONE, McHENRY COUNTY and ILLINOIS EPA, PCB 90-

102 (Water Well Exception).

Subject: This case involved obtaining an exception from the owner

of a non-community water supply well for placing new underground gasoline storage tanks within

the 200-foot setback zone of well. I served as the principal witness for Illinois EPA on this case.

The Board granted the exception with conditions.

People vs. AMOCO OIL COMPANY and MOBIL CORPORATION, Case no. 90-CH-79, Tenth

Judicial Court, Tazewell County, Illinois

. Subject: Groundwater contamination resulting from

releases at above ground bulk petroleum storage terminals resulting in violation of Illinois’

Groundwater Quality Standards Regulations (35 Illinois Administrative Code 620). I served as the

principal Illinois EPA witness on this case. The case was settled with a penalty of $125,000 and

the requirement of a comprehensive corrective action program.

IN THE MATTER OF: GROUNDWATER PROTECTION: REGULATIONS FOR EXISTING

AND NEW ACTIVITIES WITHIN SETBACK ZONES AND REGULATED RECHARGE

AREAS (35 ILL. ADM. CODE 601, 615, 616 and 617), R89-5 (Rulemaking).

Subject: I served

as the principal Illinois EPA witness supporting adoption of this Agency proposal. R89-5 was

adopted by the Board and became effective January 1992.

HOUSE BILL 171 METHYL TERTIARY BUTYL ETHER (MTBE) ELIMINATION ACT,

House Environmental and Energy Committee.

Subject: This law required the phase out MTBE

within 3 years of enactment. I served as a principal Illinois EPA witness in support of the

proposed legislation. The legislation was adopted as Public Act 92-0132 on July 24 2001. PA 92-

132 required the ban of MTBE within three years.

IN THE MATTER OF: GROUNDWATER QUALITY STANDARDS (35 ILL. ADM. CODE

620), R93-27 (Rulemaking).

Subject: I served as the principal Illinois EPA witness

recommending amendments of new constituent standards in this Agency proposal.

SHELL OIL COMPANY vs. COUNTY of DuPAGE and THE ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY, PCB 94-25 (Water Well Setback Exception). Subject: A new

underground gasoline storage tank was seeking an exception from the Illinois Pollution Control

Board in relation to a private drinking water supply well setback zone. The DuPage County and

the Illinois EPA held that the tank would be a significant hazard and opposed the exception. I

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served as the principal Illinois EPA witness. Shell withdrew the petition from the Board after

hearings were held.

People ex rel. Ryan v. STONEHEDGE, INC., 288 Ill.App.3d 318, 223 Ill.Dec. 764, 680 N.E.2d

497 (Ill.App. 2 Dist. May 22, 1997).

Subject: The State brought Environmental Protection Act

action against company engaged in business of spreading deicing salt, alleging that salt stored on

company's industrial property leaked into area's groundwater supply, thereby contaminating it.

The Circuit Court, McHenry County, James C. Franz, J., granted company's motion for summary

judgment. State appealed. The Appellate Court, Colwell, J., held that: (1) wells existing before

Illinois Water Well Construction Code was enacted are not "grandfathered" in as being in

compliance with Code, so as to be automatically subject to testing for groundwater contamination,

and (2) fact issues precluded summary judgment on claim arising from alleged deposit of at least

50,000 pounds of salt in pile within 200 feet of two existing water supply wells. Affirmed in part

and reversed in part; cause remanded.

People vs. STONEHEDGE INC. Case no. 94-CH-46, Circuit Court of the 19

th

Judicial Circuit,

McHenry County.

Subject: This case involved a violation of the potable well setback zone

provisions of Section 14.2 of the Illinois Environmental Protection Act. Stonehedge Inc. placed a

salt pile of greater than 50,000 pounds within the 200 foot setback of multiple private drinking

water supply wells. I served as an Agency principal witness. Stonehedge Inc. was found to be

guilty of violating the setback prohibition in this case and was assessed a penalty of $1,500 and

attorneys fees of $4,500.

SALINE VALLEY CONSERVANCY DISTRICT vs. PEABODY COAL COMPANY, Case No.

99-4074-JLF, United States District Court for the Central District of Illinois.

Subject:

Groundwater contamination from the disposal of 12.8 million tons of coarse coal refuse, slurry and

gob. Witness for the Illinois EPA. This is an on-going case.

IN THE MATTER OF: PROPOSED REGULATED RECHARGE AREAS FOR PLEASANT

VALLEY PUBLIC WATER DISTRICT, PROPOSED AMENDMENTS TO (35 ILL. ADM.

CODE 617), R00-17 (Rulemaking).

Subject: I served as the principal Illinois EPA witness

supporting adoption of this Agency proposal. The proposal was adopted on July 26, 2001 and

became effective September 1, 2001.

IN THE MATTER OF: PROPOSED AMENDMENTS TO TIERED APPROACH TO

CORRECTIVE ACTION OBJECTIVES (35 Ill. Adm. Code 742), (R00-19(A) and R00-19(B))

(Rulemaking).

Subject: I served as a supporting Illinois EPA witness recommending inclusion of

MTBE in this Agency proposal.

IN THE MATTER OF: NATURAL GAS-FIRED, PEAK-LOAD ELECTRICAL GENERATION

FACILITIES (PEAKER PLANTS), R01-10 (Informational Hearing)

Subject: I served as a

supporting Illinois EPA witness to discuss the impact of peaker plants on groundwater.

IN THE MATTER OF: GROUNDWATER QUALITY STANDARDS AND COMPLIANCE

POINT AMENDMENTS (35 ILL. ADM. CODE 620), R01- 14 (Rulemaking). Subject: I served

as the principal Illinois EPA witness recommending amendments of a groundwater standard for

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MTBE and compliance point determinations in this Agency proposal. The Board adopted the

proposal unanimously on January 24, 2002.

TERESA LeCLERCQ; AL LeCLERCQ; JAN LeCLERCQ; WALT LeCLERCQ, individually; and

on behalf of all persons similarly situated vs. THE LOCKFORMER COMPANY, a division of

MET-COIL SYSTEMS CORPORATION, Case no. 00 C 7164, United States District Court,

Northern District of Illinois.

Subject: I was called as a witness by Lockformer Company to testify

about a Well Site Survey prepared and published in 1989 by the Illinois EPA for Downers Grove

community water supply.

TERESA LeCLERCQ; AL LeCLERCQ; JAN LeCLERCQ; WALT LeCLERCQ, individually; and

on behalf of all persons similarly situated vs. THE LOCKFORMER COMPANY, a division of

MET-COIL SYSTEMS CORPORATION, Case no. 00 C 7164, United States District Court,

Northern District of Illinois.

Subject: I was called as a witness by Lockformer Company to testify

about groundwater contamination in the Lisle and Downers Grove area.

HOUSE BILL 4177 PRIVATE WELL TESTING PROPERTY TRANSFER and DISCLOSURE

ACT, House Environmental and Energy Committee.

Subject: Legislation to require volatile

organic chemical contamination testing of private wells at the time of property transfer and

reporting to the Illinois Department of Public Health and the Illinois EPA. I served as a principal

Illinois EPA witness in support of the proposed legislation. The legislation was not supported due

to the opposition from the realtors association.

MATTER OF PEOPLE vs. PEABODY COAL, PCB 99-134 (Enforcement).

Subject: the State of

Illinois developed an amended complaint against Peabody Coal Company (PCC) for violation of

the groundwater quality standard for total dissolved solids, chloride, iron, manganese, and sulfate.

I developed testimony to address PCC’s affirmative defense of challenging the basis for the

groundwater quality standards for these contaminants.

IN THE MATTER OF: PROPOSED AMENDMENTS TO TIERED APPROACH TO

CORRECTIVE ACTION OBJECTIVES (35 Ill. Adm. Code 742) (TACO), (Rulemaking).

Subject: I served as the Illinois EPA witness supporting amendments TACO to include wellhead

protection areas. September 2004.

MAXMIUM SETBACK ZONES FOR MARQUETTE HEIGHTS PUBLIC WATER SUPPLY

(35 ILL. ADM. CODE 618), R05-09 (Rulemaking).

Subject: Pursuant to request by the Village of

Marquette Heights the Illinois EPA developed a maximum setback zone for the Marquette Heights

community water supply wells. I served as Illinois EPA’s principal witness. The proposal was

adopted on May 4, 2006.

Electronic Filing - Received, Clerk's Office, August 18, 2009

---

IN THE MATTER OF: STANDARDS AND REQUIREMENTS FOR POTABLE WATER

WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN

CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM

CONTAMINATION UNDER P.A. 94-134 (35 Ill. Adm. Code 1505), R06-023 (Rulemaking),

JANUARY 2006

.

I served as an Agency panel witness to support the adoption of the RTK

regulation.

IN THE MATTER OF: PROCEDURES REQUIRED BY P. A. 94-849 FOR REPORTING

RELEASES OF RADIONUCLIDES AT NUCLEAR POWER PLANTS: NEW 35 Ill. Adm. Code

1010, R07-20.

I served as the Agency primary witness in this proceeding.

IN THE MATTER OF: GROUNDWATER QUALITY STANDARDS (35 ILL. ADM. CODE

620), R08-18 (Rulemaking).

Subject: I served as the principal witness recommending

amendments and updates to the exiting regulation. These regulatory amendments are still pending

before the Board.

Publications

Cobb, R.P., 1980.

Petrography of the Houx Limestone in Missouri

. Transactions of the Illinois

Academy of Science Annual Conference, Illinois Wesleyan, Bloomington, IL.

A Plan for Protecting Illinois Groundwater

, 1986, Illinois Environmental Protection Agency,

January. 65 p.

Cobb, R.P., and Sinnott, C.L., 1987.

Organic Contaminants in Illinois Groundwater

. Proceedings

of the American Water Resources Association, Illinois Section, Annual Conference, Champaign,

IL, April 28-29, p. 33-43.

Clarke, R.P., and Cobb, R.P., 1988.

Winnebago County Groundwater Study

. Illinois

Environmental Protection Agency. 58 pp.

Groundwater in Illinois: A Threatened Resource, A Briefing Paper Regarding the Need for

Groundwater Protection Legislation

, April 1987, Governors Office and Illinois Environmental

Protection Agency, 34 pp.

Clarke, R.P., Cobb, R.P. and C.L. Sinnott, 1988.

A Primer Regarding Certain Provisions of the

Illinois Groundwater Protection Act

.

Illinois Environmental Protection Agency. 48 pp.

Cobb, R.P., etal, 1992.

Pilot Groundwater Protection Needs Assessment for the City of Pekin

.

Illinois Environmental Protection Agency. 111 pp.

Cobb, R.P., 1994.

Briefing Paper and Executive Summary on the Illinois Groundwater

Protection Act and Groundwater Protection Programs with Recommendations from the Illinois

Environmental Protection Agency Regarding the Siting of a Low Level Radioactive Waste Site

.

Presented to the Low Level Radioactive Waste Task Force on December 9, 1994 in Champaign-

Urbana.

Electronic Filing - Received, Clerk's Office, August 18, 2009

---

Cobb, R.P., 1994.

Measuring Groundwater Protection Program Success

. In the proceedings of a

national conference on Protecting Ground Water: Promoting Understanding, Accepting

Responsibility, and Taking Action. Sponsored by the Terrene Institute and the United States

Environmental Protection Agency in Washington D.C., December 12-13, 1994.

Cobb, R.P., Wehrman, H.A., and R.C. Berg, 1994.

Groundwater Protection Needs Assessment

Guidance Document

. Illinois Environmental Protection Agency. +94 pp.

Cobb, R.P., and Dulka, W.A., 1995.

Illinois Prevention Efforts: The Illinois Groundwater

Protection Act Provides a Unified Prevention-Oriented Process to Protect Groundwater as a

Natural and Public Resource

, The AQUIFER, Journal of the Groundwater Foundation, Volume 9,

Number 4, March 1995. 3pp.

Cobb, R.P., 1995.

Integration of Source Water Protection into a Targeted Watershed Program

.

In the proceedings of the Ground Water Protection Council’S Annual Ground Water Protection

Forum in Kansas City Missouri.

Dulka, W.A., and R.P. Cobb, 1995.

Grassroots Group Forges Groundwater Protection Law

.

American Water Works Association, Opflow, Vol. 21 No. 3. 2pp.

Cobb, R.P., 1996.

A Three Dimensional Watershed Approach: Illinois Source Water Protection

Program

. In the proceedings of the Ground Water Protection Council’s Annual Ground Water

Protection Forum in Minneappolis Minnesota.

Cobb, R.P., and W.A. Dulka, 1996.

Discussion Document on the Development of a Regulated

Recharge Area for the Pleasant Valley Public Water District

. Illinois Environmental Protection

Agency. pp 28.

Cobb, R.P., 1996.

Illinois Source Water Protection Initiatives-Groundwater Perspective

. In the

proceedings of the American Water Works Association’s Annual Conference and Exposition in

Toronto Canada. pp 585- 594.

Cobb, R.P., and Dulka, W.A., 1996.

Illinois Community Examines Aquifer Protection Measures

.

American Water Works Association Journal. p10.

Cobb, R.P., etal. October 1999,

Ground Water Report to Congress

, United States Environmental

Protection Agency.

Cobb, R.P., December 2001.

Using An Internet Geographic Information System (GIS) to Provide

Public Access to Hydrologic Data

,

Association of Groundwater Scientists and Engineers, National

Groundwater Association, National Conference Proceedings, Nashville, Tennessee.

Cobb, R.P., September 2001

,

Regulated Recharge Area Proposal for the Pleasant Valley Public

Water District

,

Ground Water Protection Council Annual Forum Proceedings, Reno Nevada, 13

pp.

Electronic Filing - Received, Clerk's Office, August 18, 2009

---

Wilson, S., Cobb, R.P., and K. Runkle, January 2002.

Arsenic in Illinois Groundwater

. Illinois

State Water Survey, Illinois Environmental Protection Agency, and Illinois Department of Public

Health. http://www.epa.state.il.us/water/groundwater/publications/arsenic/index.html

, 7 pp.

R.P., Cobb, August 2002,

Development of Water Quantity Planning and Protection in Illinois –

A New Direction

,

Proceedings of the Annual Ground Water Protection Council Technical Forum,

San Francisco, California, 10pp.

P.C. Mills, K.J. Halford, R.P. Cobb, and D.J. Yeskis, 2002.

Delineation of the Troy Bedrock

Valley and evaluation of ground-water flow by particle tracking, Belvidere, Illinois

, U.S.

Geological Survey Water-Resources Investigations Report 02-4062, 46 pp.

Illinois Environmental Protection Agency’s

Homeland Security Strategy

, March 2003, 20pp.

Illinois Environmental Protection Agency’

Strategic Plan

, Bureau of Water Section

, September

2003, pp.

Opinions and Conclusions of Richard Cobb for the Matter of People v. Peabody Coal

, PCB 99-

134 (Enforcement), May 23, 2003. 60 pp.

Cobb, R.P., Fuller, C., Neibergall, K., and M. Carson, February 2004.

Community Water Supply

Well Shooting/Blasting near the Hillcrest Subdivision Lake County, Illinois Fact Sheet

. Illinois

Environmental Protection Agency. 4 pp.

Additional Legislative Publications that I Participated in Developing

A Plan for Protecting Illinois Groundwater

, Illinois Environmental Protection Agency, January

1986. 65 p.

Groundwater in Illinois: A Threatened Resource, A Briefing Paper Regarding the Need for

Groundwater Protection Legislation

, Governors Office and Illinois Environmental Protection

Agency, April 1987. 34 pp.

Illinois Groundwater Protection Act

, Public Act 85-0863, September 1987. 68 pp.

Public Act 92-0132 (

MTBE Elimination Act

), July 24 2001.

Executive Order #5

- requires the ICCG to designate a subcommittee to develop an integrated

groundwater and surface water resources agenda and assessment report. The report shall analyze

the burden’s on Illinois finite water resources, quantify Illinois’ water resources, and prioritize an

agenda to plan for the protection of these water resources. The Director of the Department of

Natural Resources chaired this subcommittee. The ICCG and GAC shall use the subcommittee’s

agenda and report to establish a water-quantity planning procedure for the State. The Governor

signed executive order #5 on Earth Day April 22, 2001.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Amendments to Sections 2, 3 and 4 of the Illinois Groundwater Protection Act

415 ILCS 55/2 to

establish a Groundwater and Surface Water Quantity Protection Planning Program, January 2002,

3 pp. These amendments were never adopted due to opposition from the Illinois Farm Bureau.

Public Act 92 –652 (Senate Bill 2072

)

- Amends the Illinois Groundwater Protection Act to require

the Environmental Protection Agency to notify the Department of Public Health, unless

notification is already provided, of the discovery of any volatile organic compound in excess of the

Board's Groundwater Quality Standards or the Safe Drinking Water Act maximum contaminant

level. The Governor signed this into law as Public Act 29-652 (effective July 25, 2002).

House Bill 4177

- Amends the Illinois Groundwater Protection Act. Provides that before property

that has a well used for drinking water on it can be sold, the owner must have the well water tested

for volatile organic chemical groundwater contaminants. Provides that if the well water does not

meet the Illinois Pollution Control Board’s Groundwater Quality Standards (35 Il Adm Code Part

620), the owner shall notify the Illinois Department of Public Health (IDPH) and the prospective

buyer of the property. The realtors association July 2002 opposed House Bill 4177.

House Resolution 1010

- The resolution drafted by in cooperation with Senator Patrick Dunn’

staff urge the Illinois Environmental Protection Agency to further strengthen its public outreach

efforts by developing, after negotiations with individuals representing areas affected by

contamination and other relevant State agencies, a procedure to notify property owners whenever

the Agency has confirmed an exceedence of applicable health and safety standards, using

scientifically credible data and procedures under Illinois regulations. HR 1010 was adopted by

voice vote on June 1, 2004.

Public Act 94-314 (Senate Bill 0214)

– This is referred to as Right-to-Know (RTK) law. The law

includes providing the Illinois EPA with administrative order authority (AO), information order

authority, and established the requirements for providing notices to residents or business exposed

or potentially exposed to contamination. The Illinois EPA had been seeking this type of AO

authority for the past 35 years. Senate Bill 0214 was unanimously passed by both the Senate and

the House May 2005. The legislation was signed into law by the Governor July 27, 2005.

Public Act 94-849 (House Bill 1620)

- Amends the Environmental Protection Act. Requires the

owner or operator of a nuclear power plant to report to the Environmental Protection Agency any

unpermitted release of a contaminant within 24 hours. The bill was sign by the Governor on June

12, 2006.

House Bill 4020 (Crestwood Bill)

- Amends the Environmental Protection Act. This bill requires

the owners and operators of community water systems to maintain certain documents and to make

those documents available to the Agency for inspection during normal business hours. Provides

that the Agency shall provide public notice within 2 days after it refers a matter for enforcement

under Section 43 or issues a seal order under subsection (a) of Section 34. Further, the bill

provides that the Agency must provide notice to the owners and operators of the community water

system within 5 days after taking one of these actions. Moreover, the bill requires that within 5

days after receiving that notice, the owner or operator of the community water system must send a

copy of the notice to all residents and owners of premises connected to the community water

Electronic Filing - Received, Clerk's Office, August 18, 2009

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system. In addition, indirect notification of institutional residents is provided. Requires the owner

or operator of the community water system to provide the Agency with proof that the notices have

been sent. Sets forth similar notice requirements that must be complied with when groundwater

contamination poses a threat of exposure to the public above the Class I groundwater quality

standards. The bill creates a civil penalty for violations of these notice requirements, and makes it

a felony to make certain false, fictitious, or fraudulent statements. The bill passed both houses on

May 30, 2009. The bill was sent to the Governor for signature on June 26, 2009.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

AMEREN ASH POND CLOSURE RULES

)

R09-21

(HUTSONVILLE POWER STATION) :

)

(Rulemaking – Land)

PROPOSED 35 ILL. ADM. CODE 840.101

)

THROUGH 840.144

)

PREFILED TESTIMONY OF CHRISTIAN J. LIEBMAN ON AMEREN’S PROPOSAL AND

THE AGENCY’S PROPOSED AMENDMENTS AT SECTIONS 840.124 THROUGH 840.130,

840.134, 840.136 AND 840.146

My name is Christian J. Liebman. I am the manager of the Solid Waste Unit in the

Permit Section within the Bureau of Land of the Illinois Environmental Protection Agency. I

have been in my current position since February 1999. From June 1985, until I assumed my

current position, I was a permit reviewer in the unit I now manage. In 1984, I received a B.S. in

Geological Engineering from the University of Missouri at Rolla and in May 2002, I received an

M.S. in Civil Engineering from Southern Illinois University at Carbondale. I am licensed in the

State of Illinois as both a Professional Engineer and a Professional Geologist. My resume is

attached as Attachment 1.

Today, I will be testifying in support of the amendments recommended by the Illinois

Environmental Protection Agency (the Agency), regarding the new 35 Ill. Adm. Code Part 840

regulations proposed by Ameren Energy Generating Company (Ameren) for closure and post-

closure care of Pond D at its Hutsonville Power Station. Specifically, I will be testifying in

support of the Agency’s recommended amendments to Ameren’s proposed Sections 840.122,

840.124, 840.126, 840.128, 840.132, and 840.134 However, because of the Agency’s proposed

addition of a new Section 840.108 for incorporations by reference and the resulting renumbering

of the existing sections, my testimony will refer to these sections (and others) using the section

numbers proposed in the Agency’s amendments, 840.124, 840.126, 840.128, 840.130, 840.134,

Electronic Filing - Received, Clerk's Office, August 18, 2009

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and 840.136, unless otherwise specified. In addition, I will testify in support of the Agency’s

newly proposed Section 840.146.

Section 840.124 describes how the final slopes of the coal combustion wastes should be

contoured before final cover is applied to them and allows additional coal combustion waste,

generated at the Hutsonville Power Station, to be used to help create the desired contours. With

the modification of 840.124(c) and the addition of 840.124(d), the amendments proposed by the

Agency would limit the volume of additional coal combustion waste that could be used to

construct the final waste contours and would restrict the area of its use. The coal combustion

waste in Pond D has contaminated the groundwater and restricting the placement of additional

coal combustion waste in Pond D will help limit the potential for further groundwater

contamination.

Section 840.124

Final Slope and Stabilization

Section 840.126

Final Cover System

Section 840.126 describes how the final cover system for Pond D must be constructed

and Subsection 840.126(a)(1) provides thickness and hydraulic conductivity specifications for

the geosynthetic membrane that will serve as the low permeability layer of the final cover

system. As proposed by Ameren, the hydraulic conductivity specification is essentially

meaningless. Virtually all geosynthetic membranes have hydraulic conductivities several orders

of magnitude lower than 1 x 10

-7

Subsection 840.126(c) requires the final cover system to be constructed according to a

centimeters/second and the amount of water that will pass

through a geosynthetic membrane is determined, almost entirely, by the number of holes in it and

its placement. The modification to 840.126(a)(1) recommended by the Agency would make

Pond D’s low permeability layer equivalent to that of a solid waste landfill subject to Part 811.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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construction quality assurance (CQA) program. Ameren’s version of this subsection states that

the operator must designate a CQA officer and includes a brief description of the CQA officer’s

duties. The Agency is recommending the addition of an entire section (840.146), prescribing a

more robust CQA program (which will be discussed more fully later in this testimony). In

840.126(c), the Agency deletes mention of the CQA officer’s responsibilities specific to the final

cover system and simply references the CQA program required by 840.146.

The Agency is recommending no modifications to this section beyond clarifying that

submission of the plan to the Agency is for the purpose of review and approval and changing the

section number from 840.126 to 840.128.

Section 840.128

Closure Plan

Section 840.130 describes the information and documents that must be contained in the

closure plan for Pond D. The Agency is recommending the following changes to 840.130:

Section 840.130

Contents of Closure Plan

1.

In Subsection 840.130(a)(4), the requirement that the site map must depict the

Zone A and Zone B is deleted, consistent with the Agency’s recommendation to

eliminate of these terms, as explained in Rick Cobb and Bill Buscher’s testimony.

2.

In Subsection 840.130(d), the reference to Section 840.108 is changed to Section

840.110 in accordance with the regulatory structure recommended by the Agency.

3.

In Subsection 840.130(e), the reference to Section 840.116 is changed to Section

840.118 in accordance with the regulatory structure recommended by the Agency.

4.

In Subsection 840.130(f), the phrase “plans, specifications and drawings” replaces

“description” to make more clear the type of information needed to accurately depict the

groundwater monitoring program, the reference to Section 840.110 is changed to Section

Electronic Filing - Received, Clerk's Office, August 18, 2009

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840.112 in accordance with the regulatory structure recommended by the Agency, and a

quality assurance program requirement for groundwater sample collection, preservation

and analysis is added consistent with the language originally in Ameren’s proposed

Section 840.110(c)(2) and now located in the Agency’s proposed 840.114(f).

5.

In Subsection 840.130(g), the reference to Section 840.112 is changed to Section

840.114 in accordance with the regulatory structure recommended by the Agency.

6.

In Subsection 840.130(h), the reference to Section 840.116 is changed to Section

840.118 in accordance with the regulatory structure recommended by the Agency.

7.

Subsection 840.130(i) is added requiring plans, specifications and drawings for

the groundwater collection trench and discharge system.

8.

Subsection 840.130(j) is added requiring plans, specifications and drawings for

the final slope design and construction and demonstration of compliance with the stability

criteria.

9.

In Subsection 840.130(k), the phrase “plans, specifications and drawings”

replaces “description” to make more clear the type of information needed to accurately

depict the final cover system.

10.

In Subsection 840.130(l), the phrase “including an estimate of the time required

for hydrostatic equilibrium of groundwater beneath Ash Pond D” is inserted.

11.

Subsection 840.130(m) is added requiring a proposal for a groundwater

management zone, if applicable, and plans, specifications and drawings for any

structures or devices that must be constructed or installed for it.

12.

Subsection 840.130(n) is added requiring a description of the Construction

Quality Assurance program.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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13.

Subsection 840.130(o) is added requiring a description of actions proposed to

mitigate increasing trends in accordance with Section 840.118(c) including plans,

specifications and drawings for any structures or devices that must be constructed.

14.

Subsection 840.130(p) is added requiring the signature and seal of the

professional engineer supervising the preparation of the closure plan.

The changes and additions to this section, recommended by the Agency, will result in a

better, more detailed closure plan that covers all the steps integral to closing Pond D: creation of

the final waste slopes, installation of the final cover system, establishment of a groundwater

monitoring program, and implementation of groundwater corrective action, including

construction of the necessary structures and installation of necessary devices.

Section 840.134

Completion of Closure, Closure Report and Certification of

Completion of Closure

Section 840.134 describes the requirements for completion of closure, including the closure

report and certification of completion of closure. The Agency is recommending the following

changes to this section:

1.

Subsection 840.134(a) is added to provide a deadline of eighteen months, after the

closure plan is approved by the Agency, for closure to be completed. Completing

closure, with the installation of the final cover system and implementation of

groundwater corrective action, will be beneficial to the environment and a deadline will

help ensure that closure is completed in a timely manner. Eighteen months, after the

closure plan is approved, should provide sufficient time for Ameren to complete closure.

2.

In Subsection 840.134(b), Ameren’s proposed language is modified to

state that the closure plan must be approved by the Agency and to specify the type of

documentation that must be provided with the closure report. The changes and additions

Electronic Filing - Received, Clerk's Office, August 18, 2009

---

to this section, recommended by the Agency, will help ensure that the closure activities

are expeditiously carried out, in conformance with the closure plan, and that this

conformance is adequately documented.

Section 840.136 describes how the final cover system must be maintained. The Agency

is recommending the following changes to the section:

Section 840.136

Post-Closure Maintenance of Cover System

1.

The introductory sentence is modified to state that the final cover system must be

maintained, beginning immediately after its construction, and continuing until

certification of completion of post-closure care is approved by the Agency.

2.

In Subsection 840.136(a), Ameren’s language proposing to inspect the final cover

system annually is modified to require that final cover inspection be performed at the

same time, and in the same frequency, that samples are collected for routine groundwater

monitoring.

3.

In Subsection 840.136(b), the phrase “identified during the inspection” is deleted

to indicate this is a continuing obligation.

4.

In Subsection 840.136(c), the phrase “identified during inspections” is deleted to

indicate this is a continuing obligation.

5.

In Subsection 840.136(e), the phrase “that had previously been vegetated” is

deleted to maintain consistency with Section 840.126(b)(5).

6.

In Subsection 840.136(c), the phrase “if necessary” is deleted since such repairs

generally will be necessary.

7.

Subsection 840.136(g), which requires prevention of the growth of woody species

on the protective layer, is added.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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The changes and additions to this section, recommended by the Agency, will result in

better, more frequent final cover inspections and in a better maintained and more functional final

cover system.

The Agency is recommending the addition of this section, which expands on the

construction quality assurance (CQA) program proposed by Ameren in its section concerning the

final cover system. The CQA program, recommended by the Agency, addresses installation of

the groundwater collection trench and discharge system, compaction of the subgrade and

foundation for the final cover system, application of the final cover system and construction of

the surface water control structures. Section 840.146 is modeled on 35 Ill. Adm. Code, Part 811,

Subpart E, which outlines the minimum requirements for the CQA programs used in constructing

solid waste landfills. Just as the quality of solid waste landfills benefits from being constructed

under comprehensive CQA programs, the quality of the Pond D waste disposal unit will benefit

from being constructed under the CQA program required by Section 840.146.

Section 840.146

Construction Quality Assurance Program

In closing, I would like to thank the Board for its consideration of the changes that the

Agency is recommending to Ameren’s proposal.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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ATTACHMENT 1

RESUME OF

CHRISTIAN J. LIEBMAN

1021 North Grand Ave. East, P.O. Box 19276

Springfield, Illinois 62974-9276

(217) 524-3294

EDUCATION

M.S., May 2002, Civil Engineering from Southern Illinois University-Carbondale,

Carbondale, IL, Major: Civil Engineering

B.S., May 1984, University of Missouri - Rolla, Rolla, MO, Major: Geological Engineering

RELEVANT WORK EXPERIENCE

02/99 -- Present

Solid Waste Unit Manager in the Illinois Environmental Protection

Agency's Bureau of Land, Division of Land Pollution Control, Permit

Section. The job consists of supervising the 11 engineers who are

responsible for reviewing the permit applications for all the solid waste

landfills and clean construction or demolition debris fill operations, in

the State of Illinois, subject to the permit programs administered by the

Bureau of Land. The primary job objective of this position is to ensure

that these permit applications are given consistent, high-quality reviews

in a timely manner.

06/85 -- 02/99

Permit Reviewer in the Illinois Environmental Protection Agency's

Bureau of Land, Division of Land Pollution Control, Permit Section,

advancing from an Environmental Protection Engineer I to

Environmental Protection Engineer III. The job entailed reviewing

permit applications for solid waste landfills, transfer stations and waste

composting facilities, comparing the proposals made in the applications

to the regulatory and statutory requirements and then drafting

preliminary responses (either permits with conditions or denials) for

management approval

PROFESSIONAL LICENSES

Licensed Professional Engineer in the State of Illinois (License No. 062-049263).

Licensed Professional Geologist in the State of Illinois (License No. 196-000989).

Electronic Filing - Received, Clerk's Office, August 18, 2009

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

AMEREN ASH POND CLOSURE RULES

)

R09-21

(HUTSONVILLE POWER STATION) :

)

(Rulemaking – Land)

PROPOSED 35 ILL. ADM. CODE 840.101

)

THROUGH 840.144

)

PRE-FILED TESTIMONY OF STEPHEN F. NIGHTINGALE ON AMEREN’S PROPOSAL,

THE AGENCY’S PROPOSED AMENDMENT AT SECTION 840.152, AND REQUEST TO

BOARD TO CONSIDER TEMPORARY MORATORIUM ON ADDITIONAL SITE-SPECIFIC

RULES FOR CLOSURE OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS

My name is Stephen F. Nightingale. I am the manager of the Permit Section of the Bureau

of Land at the Illinois Environmental Protection Agency ("Agency"). The Bureau of Land Permit

Section is generally responsible for the permitting and day-to-day activities associated with the

state (solid waste), RCRA (hazardous waste), and underground injection control (UIC) programs

when dealing with waste treatment, storage and disposal.

I graduated from the University of Missouri at Rolla in 1982 with a B.S. degree in Civil

Engineering. Following graduation I spent four years employed by the Missouri Pacific/Union

Pacific Railroad Company as a staff engineer. My work included activities in the mechanical,

construction, and environmental fields. Since June of 1986 I have been employed by the Agency

in a variety of positions including my current position as Bureau of Land Permit Section

Manager. I assumed this position in April of 2000. I am registered as a Professional Engineer in

Illinois. I have approximately twenty-five years experience in the environmental engineering

field. A brief summary of my education and work experience is included as Attachment 2.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Today I will be testifying in support of the proposed site-specific rule establishing 35 Ill.

Adm. Code 840.Subpart A, as amended by Agency testimony. My testimony will be limited to

the Agency’s proposed Section 840.152, which is identified as “Resource Conservation and

Recovery Act,” as well as testimony requesting the Illinois Pollution Control Board to consider a

temporary moratorium on future requests for additional site-specific rules related to closure

requirements for surface impoundments containing coal combustion waste.

Section 840.152

This Section contains a provision intended by the Agency to maintain consistency with

programs adopted under the federal Resource Conservation and Recovery Act (P.L. 94-480)

(“RCRA”), as amended. The provision would guide interpretation of rules adopted in 35 Ill.

Adm. Code 840

, Subpart A to maintain consistency with any RCRA requirements applicable to

Ash Pond D. If consistency could not be accomplished through interpretation, or, if rules clearly

were less stringent than RCRA requirements applicable to Ash Pond D, then those rules would

be void by operation of law. This also would apply for any state laws adopted to obtain or

maintain federal delegation, authorization or approval of a state program based on RCRA or

implementing regulations.

Resource Conservation and Recovery Act

The Agency believes this is an appropriate provision for the following reasons. It has

been widely published in environmental and trade publications and confirmed by federal officials

that the United States Environmental Protection Agency (“U.S. EPA”) is reviewing its approach

to the management of coal combustion waste (“CCW”) -- management that has been left mostly

to the states. It has been reported that the promulgation of comprehensive federal rules pursuant

to Subtitles C or D of RCRA is under consideration. To date we have not been able to find out

Electronic Filing - Received, Clerk's Office, August 18, 2009

---

any specifics of what will be in the proposed regulations. However, in recent conversations with

U.S. EPA I have been made aware that they are on schedule in meeting the end of year deadline

to publish proposed rules in the

Federal Register

. Based on this intent alone we feel it is

important to include a provision to address the possibility of future regulations.

The Board has adopted, and the Agency administers, waste management rules in our

delegated program under Subtitle C and approved program under Subtitle D. To maintain these

delegated and approved programs, statutes and rules adopted in Illinois are required to be at least

as stringent as, and not inconsistent with, those adopted at the federal level. While it is unclear at

this point whether federal rules proposed and adopted for CCW will address closure of CCW

impoundments, and, if so, whether those rules will be applicable to Ash Pond D once it begins

closure pursuant to proposed Subpart A, the Agency’s view is that including its proposed Section

840.152 is a reasonable precaution that could relieve the strain on Board and Agency resources to

amend Subpart A should it become clear that a conflict exists between federal rules and

provisions of Subpart A as applicable to Ash Pond D.

The language proposed for Section 840.152 reflects language used in other contexts in the

Act for a similar purpose -- to create or preserve state consistency with federal requirements

under RCRA. Maintaining equivalence and consistency with RCRA waste management

requirements is a consistent theme running through waste management provisions of the Act. A

few locations where this is clearly a concern are found at Sections 3.485, 3.500, 22.4(a) – (b) and

(d), 35(a), 39(d) and 39.2(i). 415 ILCS 5/3.485, 3.500, 22.4(a) – (b), (d), 35(a), 39(d), 39.2(i).

Moreover, Sections 20(a)(5) through (a)(8) and (a)(11) through (a)(14) clearly state the

legislature’s intention that that federal approval for such programs be secured and maintained.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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415 ILCS 5/20(a)(5) – (a)(8), (a)(11) – (a)(14). Given the clearly stated intention of the

legislature and the resources necessary to open and amend rules should a conflict develop, the

Agency urges the Board to consider adoption of proposed Section 840.152.

Request for Moratorium on Additional Site-Specific Rules for Closure of Coal Combustion

Waste Impoundments

The Agency is requesting that the Illinois Pollution Control Board consider initiating a

temporary moratorium on future site-specific rules for the closure of surface impoundments

containing coal combustion waste. We are requesting this moratorium for two reasons. First, as I

previously stated, the U.S. EPA is intending to public notice a set of draft regulations for the

management of coal combustion waste by the end of the 2009 calendar year. And secondly, at

this time and in the foreseeable future the Agency does not have the resources to deal with the

potentially 70 additional requests for site-specific rulemakings for the other surface

impoundments containing coal combustion waste which may also need to be addressed under this

process. See Attachment 1 for a list of other CCW surface impoundments.

A temporary moratorium will allow time for all those potentially affected by the new

federal regulations to understand how the U.S. EPA plans to regulate coal combustion waste in

the future. Waiting will prevent industry, the Agency, and the Illinois Pollution Control Board

from wasting scarce and valuable resources on developing regulations that may be superseded in

the near future. Also, until the U.S. EPA’s regulations are revealed and finalized, any industry

obtaining a site-specific rule could end up expending substantial money and resources only to

find they are subject to additional and/or different closure requirements for these units.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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If a temporary moratorium is not implemented and there are additional requests for site-

specific rules, the Agency is concerned it will find itself in a position where it will be unable to

have adequate time and/or resources to review the proposals and provide necessary comments.

Currently the Bureau of Land Permit Section staff is down eight members (six engineers and two

geologists). We have been informed we may have to reduce our staff levels even more over the

upcoming state fiscal year to meet our proposed budget.

The Agency acknowledges there is limited legal authority in the Act for a temporary

moratorium. Section 28(a) (415 ILCS 5/28(a)) at least arguably would allow the Board to

schedule such proposals no sooner than six months after the hearing on a preceding proposal, and

the Board may perceive that it has inherent authority to control its docket such that longer delays

for good cause might be appropriate. Nonetheless, the policy reasons are compelling. Diverting

already limited resources to site-specific rules more than once or twice per year would

substantially detract from the Bureau of Land’s additional responsibilities. More than three to

four site-specific rules per year probably would paralyze both the Agency and the Board from a

resource standpoint and even at this rate would take over fifteen years to work through the

currently existing impoundments. Just for the Agency’s response to this proposal, additional

resources have been provided by the Bureau of Water, but this is viewed only as a stop-gap

measure since similar limitations also affect that Bureau

The Bureau of Land is still reviewing its options on how to deal with the 70 other surface

impoundments which will undoubtedly have to close at some point in the future. While in

operation these sites are generally regulated under 35 Ill. Adm. Code 309 and therefore permitted

by the Agency’s Bureau of Water. However, once plans are made to close these surface

Electronic Filing - Received, Clerk's Office, August 18, 2009

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impoundments with waste in place, we anticipate the Bureau of Land will be assigned the

responsibility of administering the closure and post-closure care activities. We feel that once U.S.

EPA’s intentions are known the Agency will be in a better position to determine how to proceed.

At this point, if there are no regulations established by the U.S. EPA, or if they don’t apply to the

closure and post-closure activities of the surface impoundments, we feel that pursuing a general

rule for the remaining surface impoundments would be a more efficient approach than to deal

with each site on a site-specific basis.

However, the approach of pursuing a general rule does not go without concern. It should

be pointed out that pursuing a general rule also is a time and resource consuming endeavor, and

faced with the current staffing conditions, along with the potential for additional staff reduction,

the Agency is very concerned with taking on such a daunting task. But until the U.S. EPA’s

intentions are fully known, probably at the adoption of a final rule, we cannot make a well

informed decision on how to proceed. For the above reasons the Agency feels that a temporary

moratorium is the most prudent approach to take at this time.

This concludes my testimony. I will be happy to address any questions.

Electronic Filing - Received, Clerk's Office, August 18, 2009

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ATTACHMENT 1

Facility

City

Number of Ash Ponds

Midwest Generation – Will

County Station

Romeoville

4

Midwest Generation –

Waukegan Station

Waukegan

2

Midwest Generation -

Powerton

Pekin

3

Midwest Generation – Joliet

29

Joliet

3

Midwest Generation – Joliet 9

Joliet

1

Midwest Generation –

Crawford

Chicago

1

Electric Energy Inc.

Joppa

2

Dynegy Midwest – Baldwin

Energy Inc.

Baldwin

7

Dynegy Midwest – Havana

Station

Havana

3

Dynegy Midwest – Hennepin

Station

Hennepin

3

Dynegy Midwest – Wood

River Station

Alton

2

Dynegy Midwest – Vermilion

Station

Oakwood

3

Ameren – Newton Station

Newton

2

Ameren – Edwards Station

Bartonville

1

Ameren – Duck Creek Station

Canton

6

Ameren – Coffeen Station

Coffeen

4

Ameren – Meredosia Station

Meredosia

5

Ameren – Hutsonville Station

Hutsonville

5

Ameren – Venice

Venice

2

Ameren – Grand Tower

Grand Tower

1

Ameren – Kincaid Generation

Kincaid

1

Prairie Power Inc. – Soyland

Power Cooperative Inc.

Pearl

1

City Water Light and Power

Springfield

2

Southern Illinois Power Co-

Op.

Marion

7

Electronic Filing - Received, Clerk's Office, August 18, 2009

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ATTACHMENT 2

RESUME

STEPHEN F. NIGHTINGAL, PE.

MANAGER, PERMIT SECTION

BUREAU OF LAND

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

EDUCATION

1982

B. S. CIVIL ENGINEERING

UNIVERSITY OF MISSOURI AT ROLLA

EXPERIENCE

4/06 - PRESENT

MANAGER, PERMIT SECTION, BUREAU OF LAND -

RESPONSIBLE FOR STATE (SOLID WASTE), RCRA (HAZARDOUS

WASTE), AND UNDERGROUND INJECTION CONTROL

PERMITTING ACTIVITIES.

4/00 - 4/06

MANAGER, RCRA UNIT, PERMIT SECTION, BUREAU OF LAND -

RESPONSIBLE FOR PERMITTING ACTIVITES RELATED TO RCRA

(HAZARDOUS WASTE) AND UNDERGROUNGROUND INJECTION

CONTROL PERMITTING

2/95 - 4/00

MANAGER, INDUSTRIAL UNIT, PERMIT SECTION, BUREAU OF

WATER - RESPONSIBLE FOR STATE AND NPDES PERMITS FOR

INDUSTRY.

6/86 - 2/95

ENVIRONMENTALPROTECTION ENGINEER I, II, III, IV,

INDUSTRIAL UNIT, PERMIT SECTION BUREAU OF WATER -

RESPONSIBLE FOR EVALUATING PERMIT APPLICATIONS AND

DEVELOPING STATE AND NPDES PERMITS FOR INDUSTRY

BASED ON STATE AND FEDERAL REGULATIONS.

4/82 - 05/06

STAFF ENGINEER, MISSOURI PACIFIC/UNION PACIFIC -

RESPONSIBLE FOR ACTIVITIES RELATED TO ENGINEERING IN

THE FIELDS OF MECHANICAL, CONSTRUCTION AND

ENVIRONMENTAL FIELDS.

REGISTERED AS PROFESSIONAL ENGINEER IN ILLINOIS

Electronic Filing - Received, Clerk's Office, August 18, 2009

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Electronic Filing - Received, Clerk's Office, August 18, 2009