BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
AMEREN ASH POND CLOSURE RULES
)
R09-021
(HUTSONVILLE POWER STATION)
)
(Rulemaking— Land)
PROPOSED: 35 Ill. Adm. Code 840.101
)
Through 840.144
)
NOTICE OF FILING
To: John Therriault, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601
Tim Fox, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Persons included on the
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE
that I have electronically filed today with the Office of the Clerk of
the Pollution Control Board the attached
Prefiled Questions in R09-021
, a copy of which is
herewith served upon you.
Respectfully Submitted,
Traci L. Barkley
Water Resources Scientist
Prairie Rivers Network
1902 Fox Drive, Suite G
Champaign, Illinois 61820
(217) 344-2371
Date: September 1
st
, 2009
Electronic Filing - Received, Clerk's Office, September 1, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
AMEREN ASH POND CLOSURE RULES
)
R09-021
(HUTSONVILLE POWER STATION)
)
(Rulemaking— Land)
PROPOSED: 35 Ill. Adm. Code 840.101
)
Through 840.144
)
PREFILED QUESTIONS OF PRAIRIE RIVERS NETWORK REGARDING THE
AMEREN ASH POND CLOSURE RULES: R09-021
The Prairie Rivers Network hereby files prefiled questions regarding R09-021:
From Ameren’s Statement of Reasons:
1. Why is the site-specific rule proposed as Subchapter j, Part 840 and Subpart A
rather than as another subpart under Subchapter i: Solid Waste and Special Waste
Hauling, as the dry ash management and disposal of coal combustion waste is
(Part 816: Alternative Standards for Coal Combustion Power Generating
Facilities Waste Landfills)?
2. Since Ash Pond D is as close as 100 feet to the Wabash River, and the
impoundment is unlined, have you determined how much loading of coal ash
pollutants (sulfates, dissolved salts, boron, metals, etc) may be leaching into the
river itself? Have these background concentrations been considered when
considering the addition of the water from the groundwater trench collection
system to the Outfall serving Pond B under the NDPES permit?
3. P. 14. “The City of Hutsonville’s public water supply wells draw groundwater
from the deep alluvial aquifer approximately one mile south of Ash Pond D.”
Can you please describe what effort has been made to determine whether these
wells are experiencing any impact from Ash Pond D’s operation?
From pre-filed testimony of Michael Bollinger:
4. P. 4. “Ameren believes that Pond D contains in total nearly a million cubic
yards of ash with approximately one-third of this volume lying below the water
table. Ameren anticipates that as part of final closure additional materials,
including ash, may be needed to establish a final slope and grade of this
impoundment.” Why is Ameren adding material to the Pond D site, instead of
removing it for final placement in a lined and permitted location?
5. P. 5. “Existing regulations addressing waste, waste hauling, and landfills do not
sufficiently address the closure of surface impoundments such as Hutsonville
wherein the ash material is intended to remain in place.” This is an assumption on
behalf of the applicant. What other options have been considered?
6. P.5. “More importantly existing landfill regulations impose requirements that
cannot be met given the fact that ash ponds that pre-date modern landfill
requirements are designed and regulated during their active service as water
treatment facilities in connection with the management of coal combustion waste
associated with coal-fired plants.” Please explain further how use during their
active service prevents existing landfill regulations from being applied and met at
the end of an ash impoundments active life.
7. P.8. “Water quality data from the deep alluvial aquifer consistently
demonstrates compliance with Class I standards and we believe that the vertical
migration of groundwater is restricted by a confining layer between the upper
migration zone and deep alluvial aquifer. What leads you to this conclusion? If a
confining layer were not preventing vertical movement of the water, can you
estimate how long the contaminated water would take to travel to the groundwater
well’s sampling point?
8. P. 10. “It is unlikely that the removal of such a large volume of material is
technologically feasible. The saturated ash alone would require unconventional
excavation techniques, such as dredging or mechanical sluicing and dewatering
prior to transport to an off-site waste management facility.” Why couldn’t the
dredged material be placed in a lined landfill on the Ameren property or on
adjacent farmland (purchase land polluted by leachate) similar to the more
recently placed coal ash waste?
9. P. 13. “Ameren also proposes to use, if necessary, coal combustion waste from
Pond A as part of that final grading and slope.” Please describe the material
characterization and leachate testing that will conducted to ensure that use of this
material will not contribute additional pollutant loading to the site.
10. P. 16. “Under the proposal, no groundwater quality standards apply within
Zones A and B.” Please explain how this would affect the protection of existing
uses and the application of the groundwater nondegradation standard.
From pre-filed proposed amendments from IEPA:
11. Section 840.114 Groundwater Monitoring Program. (a) “The owner and
operator of Ash Pond D must monitor….: 35 Ill. Adm. Code 620.410(a) and (d)
except radium-226 and radium-228.” Why are these two constituents excluded?
12. Per Section 3.135 (a)(9)(B), “CCB shall not exceed Class I Groundwater
Standards for metals when tested utilizing test method ASTM D3987-85. The
sample or samples tested shall be representative of the CCB being considered for
use.” Why isn’t this requirement referenced under Section 840.124?
13. Why doesn’t the additional use of coal combustion byproduct require an
independent approval pursuant to Section 3.135 of the Act, according to IEPA’s
suggested edits to Section 840.124?
From pre-filed testimony of Stephen Nightingale, IEPA:
14. We appreciate your request on behalf of the Agency for a moratorium on
additional site-specific rules for closure of coal combustion waste surface
impoundments. Can you tell us why, given the fact that new federal rules
regarding the management of coal combustion wastes are likely forthcoming, the
Agency is not requesting that Ameren’s Hutsonville Pond D activities also be
placed on hold?
15. If USEPA redetermines coal combustion waste to be “hazardous” in nature
per RCRA, would Subchapter c, Part 724 regulations governing standards for
hazardous waste treatment, storage and disposal facilities be sufficient to govern
the closure of Ameren’s Hutsonville Pond D?
CERTIFICATE OF SERVICE
I, Traci Barkley, certify that I have served the attached
Prefiled Questions in R09-021
upon:
Mr. John T. Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic filing on September 1
st
, 2009; and upon the attached service list by depositing said
documents in the United States Mail, postage prepaid, in Chicago, Illinois on September 1
st
,
2009.
Respectfully Submitted,
Traci L. Barkley
Water Resources Scientist
Prairie Rivers Network
1902 Fox Drive, Suite G
Champaign, Illinois 61820
(217) 344-2371
SERVICE LIST
September 1
st
, 2009
Tim Fox, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 W. Randolph
Chicago, Illinois 60601
Kathleen C. Bassi
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606-6473
Matthew J. Dunn - Chief
Office of the Attorney General
Environmental Bureau North
69 West Washington Street, Suite 1800
Chicago, IL 60602
Joshua R. More
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606-6473
Kyle Nash Davis - Assistant Counsel
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Amy Antoniolli
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606-6473
Mark Wight - Assistant Counsel
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Virginia Yang
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702
John Kim - General Counsel
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
