BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

AMEREN ASH POND CLOSURE RULES

(HUTSONVILLE POWER STATION):

PROPOSED 35 ILL. ADM. CODE 840.101

THROUGH 840.144

)

)

)

)

)

)

R09-21

(Rulemaking Land)

NOTICE OF FILING

To:

John

T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James

R. Thompson Center

Suite

11-500

100

West Randolph

Chicago, Illinois

60601

Persons included on the

ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that we have today filed the attached, JOINT STATEMENT

IN SUPPORT OF PROPOSED REVISIONS, with the Office of the Clerk of the Pollution

Control Board.

Joshua

R. More

Dated: September 22,

2009

Joshua R. More

Kathleen C. Bassi

Amy Antoniolli

SCHIFF HARDIN LLP

233

South Wacker Drive, Suite 6600

Chicago, Illinois 60606

312-258-5500

Fax: 312-258-5600

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In tbe Matter of:

)

)

AMEREN ASH POND CLOSURE RULES

)

R09-21

(HUTSONVILLE POWER STATION)

)

(RulemakiDg - Land)

PROPOSED: 35 ILL. ADM. CODE PART

)

840.10] THROUGH 840.144

)

JOINT STATEMENT IN SUPPORT OF PROPOSED REVISIONS

NOW COME Ameren Energy Generating Company ("Ameren") and the nHnois

Environmental Protection Agency ("Agency"), by their respective attorneys, and state as

foHows:

Introduction

On

May 19, 2009, Ameren filed a proposal for site-specific rule with the Pollution

Control Board

("Board") proposing regulations for the closure of Ash Pond

D

at Ameren's

Hutsonville Power Station located

in

Crawford County, .Illinois. Ameren '5 original proposal

adds to the Board's rules a new Subchapter

j, Surface Impoundments, and new Part 840, Site-

Specific

Closure of Surface Impoundments, consisting of Subpart

A,

the site-specific rule

applicable to Ash

Pond 0.

1

As provided more fully in the statement of reasons, the proposed

rule sets forth the requirements for final closure of the Ash Pond D including the capping and

covering

of the impoundment; management of impacted groundwater through monitoring; and

the instal1ation

of a collection trench to mitigate off-site impacts.

On August 18, 2009, the Agency filed proposed revisions to Ameren's proposal, along

with pre-filed testimony of severa) Agency staff from tbe Bureaus of Water and Land in support

of the proposed revisions. The Agency's revisions endorsed the closure approach proposed by

I

In the revised proposaJ, the Agency has proposed and Ameren bas accepted that the

Dew

Subchapter and Part be

limited to "coal combustion waste

U

surface impoWldments.

---

Ameren but revised the rule to confonn to the Agency's procedural and reporting requirements

and preferred mechanism for defining applicable groundwater quality standards both

on and off-

site.

In

particular, the Agency proposed revisions for direct administrative oversight of closure

and post-closure activities with documentation and procedural due process provisions and

groundwater

quality standards drawn from provisions and concepts in the Board's Groundwater

Quality rules (35 Ill. Adm. Code

620). As an additional optional remedial alternative, the

Agency also proposed the establishment

of a groundwater management zone

(GMZ)

to address

off-site impacts.

Following the

fiJing of the Agency's proposed amendments, Ameren initiated contact

with the

Agency, and a series of discussions were held to detennine if the outstanding

differences could

be reduced. As a result, the parties have reached a resolution on a conceptual

framework for closing Ash

Pond D and have filed with this joint statement proposed regulatory

language reflecting that joint agreement. Pertinent substantive revisions to the

Agency's

proposed amendment and rationale supporting the proposed rule are sununarized herein.

Discussion

The Agency and Ameren agree the proposed rule provides for a closure alternative for

Ash

Pond D which is protective of human health and the environment. Ameren has presented

analyses

of closure alternatives in Chapter 5 of its Technical Support Document and has

concluded the proposed alternative is economica1ly reasonable and technically feasible for

Arneren to implement at Hutsonville

Power Station. The Agency has not conducted an

independent analysis

of the costs of closure alternatives, but it has no reason to believe this

proposal is economically unreasonable and agrees the approach proposed here is technically

feasible, As the Agency notes, "the low penneability cover and the extraction trench proposed

2

---

by Ameren will allow Ameren to successfully achieve the applicable groundwater standards at

the Hutsonville

site."

Pre-filed Testimony of L. Dunaway,

pg.

7. Groundwater modeling

perfonned by Ameren reflects that over time, water quality will continue to improve and

applicable, off-site Class I Groundwater Quality Standards as measured at the down-gradient

property boundary will eventually be achieved. Installation

of the collection trench will capture

impacted groundwater and accelerate the attenuation

of off-site impacts. The rule requires

Ameren to install a geosynthetic membrane cover which will substantially reduce infiltration

of

water into the ash material thereby mitigating additional loading of leachate into the

groundwater. At the end

of the post-closure period, institutional controls will be placed on the

Arneren property to pennanently

restrict the use of impaired groWldwater. All

oft~ese

measures

help ensure that impacts relating to Ash Pond D remain ]argely localized to the Hutsonville

Site

and are protective of human health and the environment.

Geological conditions

at the Hutsonville Site have been well studied and groundwater

conditions have been monitored since 1984. The Agency has reviewed the various teclmical

reports and submittals set forth in the Technical

Support Document (hydrogeologic assessment,

groundwater modeling and groundwater monitoring data) filed

by Arneren and concurs that such

plans and reports provide useful technical infonnation in support

of the proposed rule.

Accordingly, while Ameren must develop and submit to the Agency for approval a closure plan

including engineering and design

of the cap and collection trench and a groundwater monitoring

pJan and protocols, extensive additional investigations are not expected to be necessary at this

time. Nonetheless, the Agency

win

make its final detennination during the review of the closure

plan, subject to the review periods set forth in the proposed rule.

3

---

The following sections discuss the substantive provisions of the revised rule agreed to by

both Ameren and the Agency.2 Minor revisions relating to reporting requirements or changes

that are simply grammatical or stylistic in nature

or meant to maintain consistency with the

Board's rulemaking format are not discussed.

General

Section 840.104 Definitions

The parties define the tenn Hstatistically significant" in the definitions section because

that term is used in several sections

of the site-specific rule. The participants also agree to use

the terms

"upper zone of the lUlderlying aquifer" and "lower zone of the underlying aquifer" as

those tenns were proposed by the Agency and are defined in the proposed revisions. Arneren's

designation in its original proposal

of Zone "A" and Zone "B" are eliminated

in

favor of the

Agency's approach with respect to applicable grolUldwater standards that will apply both onsite

and off-site as set forth

in Section 840.116. The Agency's approach provides a more straight

forward framework for determining compliance obligations and relies largely

on standards and

requirements previously promulgated

by the Board in 35 Ill. Adm. Code 620.

Section 840 .. 114 Groundwater Monitoring Program

The joint revisions remove redundant language and add language

fro~

Section 840.118

Demonstration

of Compliance to clarify that the groundwater monitoring program for the closure

and post-closure

of Ash Pond D ends once compliance is achieved as measured at the property

boundary in accordance with that section. The

ru1e is drafted so that monitoring frequency may

be gradually reduced over time unless there is a statistically significant increasing trend

that is

2 The attached proposed rulemaJring language incoIpQrates the Agency's August 18

,

2009

proposed revisions and

the parties agreed to revisions thereof. The Agencyts August 18,2009 proposed revisions are shown by singJe

underlining and strikeout and the parties agreed to revisions are shown by double underlining and strikeout. For

ease

of reference a clean version is also enclosed.

4

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

attributable to Ash Pond D.

Attribution of statistically significant trends to Ash Pond 0 is a

concept

that carries over to the compliance detenninations under Section 840.118.

Reporting requirements generally have been moved to Section 840.144. Reporting

requirements

are intended to largely conform to current and ongoing reporting requirements

under Hutsonville's existing

NPDES permits, which require quarterly monitoring and submittal

o~

data on an annual basis. The rule requires the owner or operator to perform an annual trend

analysis of the data and report the results in the annual report. However, sampling and analysis

results and any decision to remove a constituent from the monitoring program will be reported

within 30 days after sampling and analysis have been completed. Copies of all reports and data

will be submitted to the Bureau of Water which currently receives reports required under the

Station's pennit.

See.ion 840.116 Groundwater Quality Standards

In recognition of the historical operations at the site, the Agency has proposed, and

Ameren agrees, that for the Ash

Pond D site-specific rule and with respect to off-site

groundwater quality, numeric

Class I Groundwater Quality Standards will apply within the upper

zone

of the underlying aquifer and non .. degradation standards will apply within the lower zone of

the underlying aquifer.

(If

an off .. site GMZ is established, alternative groundwater quality

standards

will be detennined pursuant to

3S

D1. Adm. Code 620.450(a)(4).) With respect to on ..

site conditions, the applicable groundwater quality standards shall be the numerical value

established through the monitoring program and related requirements.

The addition of

'))wneric" in paragraph (a) of this Section is intended to clarify which groundwater standards

apply to the upper zone

of the underlying aquifer. Though implicit, the addition of "oD-site" in

paragraphs

(a), (a)(1) and (a)(2) explicitly clarifies the

appli~ation

of this rule.

5

---

The institutional control language

in

subsection (a)(3) has been modified to acknowledge

that instruments other than the unifonn environmental covenant may be available

by

the time the

corrective action

is completed. If so, Arneren may propose the use of an alternative instrument if

on-site contamination levels remain above Class

I

numeric standards.

In

addition, Ameren has

on-site wells drawing

both potable and process water from the lower zone of the underlying

aquifer. These

wells may remain as sources of potable water as long as the water remains fit for

human consumption

in

accordance with accepted water supply principles.

See

415 ILCS

513.340.

Institutional controls are not required for non .. potable wells.

The revisions to

subsection (b) also amend the language of this section to clarify that Ameren may propose and

the Agency may approve a groWldwater management zone not only in the closure and post-

closure care plans, but also

in a subsequent modification of those plans.

Section 840.118

Demonstration of Compliance

Following the various monitoring periods set forth in Section 840.114, Section

840.118( a) (2) provides that Ameren must demonstrate off-site compliance at the down-gradient

property boundaries

of the Hutsonville site with nwneric Class

I

Groundwater Quality standards

in the upper zone of the underlying aquifer and non-degradation standards in the lower zone of

the underlying aquifer. Based on the information currently available from Ameren's TechnicaJ

Support Document

("TSD"), one monitoring well (MW 14) indicates some diminishment of

groundwater quality at that location

in

the lower zone of the underlying aquifer. However no

existing

or potential uses have been precluded at these concentrations. In this corrective action

context, the Agency will consider compliance with the non-degradation standard achieved when

Ameren demonstrates

in accordance with Sections 840.118(a)(2)(A)(ii) and (iii) that there is no

statistically significant increasing trend attributable to Ash

Pond D and the actual concentrations

6

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

are at or below the concentrations reflected in sampling data.provided in the TSD. Within the

Hutsonville site itself, existing concentrations

as

determined by the monitoring program

wil1

apply. The Agency's proposed amendments added language to paragraph (a)(2)(B) to clarify that

if a GMZ is established off-site, then the compliance points will be detennined in accordance

with procedures for establishing GMZs.

See

35 TIL Adm.

Code 620.505.

The revisions to paragraph (a)(2)(A)(i) and (ii) are intended to take into account the

differing applicable groundwater standards to the upper and lower zones of the underlying

aquifer and the ability to demonstrate that there is either no increasing trend

or a decreasing

trend, as appJicable.

In

demonstrating there is no increasing trend, it is implicit that no trend

(steady

.. state conditions) also will suffice. The revisions to paragraph (b) of this Section remove

redundant language and simply reference Sections 840.114 and 840.l16(b) for the applicable

groundwater quality standards, list

of constituents to monitor, and monitoring frequency. The

remaining revisions to this section simply

ensme that the duty to investigate, notify the Agency,

or take action to mitigate depends on the detennination of a

statistically significan.t

increasing

trend

as

required by paragraph (c) of Section 840.118. The participants removed paragraph (d)

and incorporated the requirements into the recordkeeping and reporting provision, Section

840.144.

Section 840.120 Groundwater Collection Trench

The participants have revised this section to provide that following four consecutive years

of annua1 monitoring which reflect compliance with applicable Class I Groundwater Quality

Standards, Ameren may tenninate operation

of the trench provided that four quarters of

additional confinnatory monitoring data show compliance with the applicable groundwater

7

---

standards.

In

addition) results from the confirmatory sampling must be included in the post-

closure report.

Section 840.124 Final Slope and Stabilization

In the event Ameren chooses to use coal combustion waste as part of closure, the

proposed revisions set the maximum final grade and slope at five percent. A five percent slope is

consistent with prior Agency approvals with respect to the movement

of ash for such purposes.

If coal combustion waste is not used to establish the final grade and slope, then the slope only

has to be designed to support vegetation, minimize erosion, drain runoff away from the cover

and

to prevent ponding. Under all circumstances, Ameren will perfonn a stabilization analysis

as part

of its closure engineering and design activities.

Section 840.130 Contents of Closure Plan

The proposed revisions to paragraph (0) of this Section are intended to ensure that the

duty to mitigate depends on the determination

of a

statistically significant

increasing trend as

required by

Section 840.118.

Section 840.134 Completion of Closure, Closure Report and Certification of Completion of

Closure

The parties agreed to revisions to this section to allow for engineering and design

activities

to occur following enactment of this rule and for a time certain by which construction

activities must conclude. The revisions also anow flexibility in the timeline subject to Agency

approval.

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

Care Plan

The joint revisions to this section are intended to facilitate timely closure by allowing the

owner

or operator the authority to appeal to the Board

in

the event the Agency fails to issue a

final detennination within the applicable review period. This approach is consistent with

8

---

provisions for review of plans and reports in the Petroleum Underground Storage Tank rules and

the

Site Remediation Program.

See

35

TIl.

Adm. Code 732.306(a)(4)(B), 732.503(f),

734.450(a)(4)(B), 734.505(t), 740.505(h).

Section

840.] 52 Resource Conservation and Recovery Act

Reference to the Resource Conservation and Recovery Act ("RCRA") has been revised to

make

it clear that RCRA currently does not govern the closure of Ash Pond D, but that in the

event future federal regulations are deemed to govern the closure of Ash Pond D, and such future

requirements are more stringent than,

or inconsistent

wit~

the proposed rule,

ReRA

would

govern. The previous version filed

by the Agency was drafted as a platfonn from which the

Agency might

make final detenninations. As revised, the section should be considered a

"conflict of laws'" provision providing guidance to the Board or the courts in the event an action

concerning Ash

Pond D comes before them in which a potential conflict with federal law is at

issue.

While the

United States Environmental Protection Agency ("USEP A") has indicated that

it would promulgate federal rules pursuant to Subtitles C or D of RCRA governing the

management

of coal combustion waste, those rules are yet to be proposed, and the breadth and

specifics

of those rules are still largely unknown. Furthermore, the extent to which any such

rules would be retroactively applied is unknown. Therefore, it is possible a conflict of laws

provision would not

be needed, but its presence would not be disruptive to the operation of the

rules.

Once USEP A adopts final regulations, state waste management provisions would need to

be revised to confonn to those requirements. If necessary, Subpart A would be amended to

incorporate any additional requirements as appropriate.

In

addition to its function as a conflict of

laws provision, the value to the Agency is the potential use of the provision as the basis for an

9

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

argument that it is unnecessary to amend potentially inconsistent rules prior to submitting an

application

to the USEPA for delegation, authorization or approval of state coal combustion

waste management rules.

Conclusion

As stated above, Ameren and the Agency have reached agreement on a site-specific

proposal for the closure

of Ash Pond D at the Hutsonville Power Station. The key elements

include the hydrogeologic site investigation, the groundwater monitoring system and protocols,

corrective action measures including

a final cover system for Ash Pond

D

and the groundwater

collection trench and discharge system, and on-site

and off-site groundwater quality standards

that are based

on or reference the Board's requirements for groundwater quality at

35 111.

Adm.

Code

620. These key provisions are supported

by

provisions for direct oversight by the Agency,

the submission

of plans, reports and monitoring results for review by the Agency, expanded

construction quality assurance requirements, and procedural requirements for reviews leading

to

final determinations by the Agency.

Based

on infonnation and modeling presented

by

Ameren in its Technical Support

Document, the off-site contamination p]ume will, over time, return

to compliance with Board

standards, and on-site contamination concentrations will return to compliance

or be substantially

reduced. Therefore, the parties believe the agreed proposal will

be protective of hmnan health

and the environment as well as existing on-site uses

of groundwater and existing and potential

off-site uses

of groundwater.

For Ameren, the enactment of this rule is of the utmost importance, as it has been seeking

regulatory certainty with respect to closure

of Ash Pond D since around 2001. The conceptual

10

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

framework set forth herein will assist Ameren as it develops future closure plans to-confonn with

the regulatory requirements embodied in this

rule and ultimately adopted by the Board.

WHEREFORE, for the foregoing reasons, Ameren and the Agency state their joint

support for the proposed rulemaking language for the site-specific closure of Ash Pond D at the

Hutsonville

Power Station as set forth and attached below.

AMEREN ENERGY GENERATING

COMPANY,

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

UI2~BY:

One

of Its Attorneys

Dated:

September 22, 2009

SCHIFF HARDIN LLP

233 South Wacker Drive

Suite 6600

Chicago,

TIlinois 60606

312-258-5500

Fax: 312-258-2600

CH2\7912SI1.l

CH2\79125 Il.l

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217-782-5544

Fax: 217-782-9807

11

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

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Proposed Rule With Agreed To Changes

The attached agreed to proposed rulemaking language incorporates the Agency's August

18,

2009 proposed revisions and the parties agreed to revisions thereof. The Agency's August

18,

2009 proposed revisions are shown by single underlining and strikeout and the parties agreed

to revisions are shown

by double underlining and strikeout.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE

G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTERj: COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS

PART 840

SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE

IMPOUNDMENTS

SUBPART

A: CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION

Section

840.100

840.102

840.104

840.106

840.108

840.110

-l4&

840.112

H{)

840.114 -l:-t-2.

840.116 -l-+4

840.118.f-U}

840.120 H-S

840.122

~

840.124.m

840.126 +.M

840.128~

840.130

-I-U

840.132 H-G

840.134~

840.136

+J4

840.138 He

840.140 H&

840.142.f.44

840.144~

840.146

-l44

Purpose

Applicability

Definitions

Abbreviations and Acronyms

Incorporations

by Reference

Hydrogeologic Site Investigation

Groundwater Monitoring System

Groundwater Monitoring Program

Groundwater Quality Standards Complianoe Zones

Demonstration of Compliance

Groundwater Collection Trench

Groundwater Discharge System

Final Slope and Stabilization

Final Cover System

Closure Plan

Contents

of Closure Plan

Modification

of Existing Pennits

Completion

of Closure, Closure Report and Certification of Completion of

Closure

Post-Closure Maintenance

of Cover System

Post-Closure Care Plan

Contents

of Post-Closure Care Plan

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

Recordkeeping and Reporting Requirements

Construction Quality Assurance Program Modifioation

of Closure Plan and Post

Closure Care Plan

---

840.148

840.150

840.152

ILLINOIS REGISTER

POLLUTION CONTROL

BOARD

NOTICE

OF PROPOSED RULE

Review. Approval and Modification

of Closure Plan and Post-Closure Care Plan

Review and Approval of Closure Report and Certification of Completion of

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

Care Plan

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

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

County, Illinois.

"Board" means the Illinois Pollution Control Board.

"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 15142 East

1900 Avenue, Hutsonville, Crawford County, Illinois.

"Lower zone of underlying aquifer" means the sands and gravels beneath the fine-grained

surficial alluvium within the Wabash River bedrock valley,

HOn-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, agent 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

of1989.

[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

5158.2]

"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]

"Statistically significant" means the application of a Mann-Kendall analysis performed

at 95 percent qonfidence to determine whether consecutive groundwater sampling data

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

showing greater or lesser concentrations of constituents is statistically significant.

"Surface impoundment" means for purposes of this Subpart a natural to}3ographic

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

"Hastes and free liquids that 'lias designed and construeted prior to 1990 and currently

operates

under or has been subjeet to a v/ater pollution oontrol permit issued by the

Agency. For purposes of this Subpart, a surface impoundment that oontains ooal

combustion

'Naste is not a landfill.

"Upper zone of underlying aquifer" means surficial sands and sandstones overlying shale

west of the Wabash River bedrock valley, and sand lenses within the surficial fine-

grained alluvium.

"Zone

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

groundv/ater that has been impacted by l\sh Pond D bounded by a yertioal plane 25 feet

from

the outside edge of the barmed area surrounding l\.sh Pond D to the south, north,

east, and

V/est and extending to the base of the uppermost aquifer.

"Zone

H"

means the three dimensional region of the uppermost aquifer outside Zone

i\:

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

feet South of the Hutsonville Po\ver Station boundary, in the 'North HalfofSeotion 20,

TOltYnship 8 North, Range 11 '.Vest of the Second Principal Meridian, Crmvford County,

Illinois,

lying East of Township Road 254A: vlhich extends in a North"llester1y direction

aeross said Section 20; the area looated 500 feet South of the Hutsonville Generation

Plant boundary, in the North half of Section 21, Township 8 North, Range 11 \1/est of the

Second Prinoi}3al

~4eridian,

Crav/ford County, Illinois, lying ,,"Vest of the 'Nabash River;

and the area located within the Hutsowlille POYler Station, North of the southern

Hutsonville

Po\ver Station boundary, in the South Half of Section 17, Tov/nship 8 North,

Range 11 '.Vest of the Second Principal Meridian, Cra\yford County, Illinois, lying West

of the '.Vabash RiYer and extending from the ri"fer tov/ards l\sh Pond D 2,040 feet,

turning

:North and extending 940 feet tov/ards the Wabash River, and turning

Southeasterly and extending

2,200 feet to the }3oint of origin.

Section 840.106

Agency

CQA

GMZ

Mg\L

Abbreviations and Acronyms

Illinois Environmental Protection Agency

Construction Quality Assurance

Groundwater Management

Zone

milligrams per liter

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

NPDES

TDS

Section 840.108

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

National Pollutant Discharge Elimination System

total dissolved solids

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 Detennination of Inorganic Substances in Environmental

Samples," August 1993, Doc. No. PB94-120821 (referred to as "US EPA

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.govD.

"Methods for the Determination

of Metals in Environmental Samples -

Supplement

1," 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

1," EPA 815-R-00-014 (August 2000) (available

on-line at http://nepis.epa.govD.

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

EPAl600/2-851l04 (September 1985), Doc. No. PB 86-137304

"Test

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

USEP A Publication No. SW -846, as amended by Updates I, II, lIA, lIB,

III, IlIA, and

HIB (Doc. No. 955-001-00000-1), (available on-line at

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

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

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,

IT

Book

I,

Chapter D2 (1976).

b)

This Section incorporates no later editions or amendments.

Section

840.110 l()8 Hydrogeologic Site Investigation

The owner or operator

of Ash Pond D must design and implement a hydrogeologic site

investigation,

R!H¥@li@8 11y the l'>ig@ft@y ift the @1@8uf@ platl, 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.

If approved in the closure plan. any linformation from

any hydrogeologic site investigation 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 H-O Groundwater Monitoring System

The owner

or operator of Ash Pond D must design and install a groundwater monitoring systemi:

R!}u@v€:Htllly the Ag@ft@y ift the @1@8tif@ platl, 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 SuboP=art. 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 in satisfying

t@ 8atisFY

~

the requirements of this Section.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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

~ ~

1)

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

contamination from Ash Pond D;

8IJ:8

2)

Represent the quality of groundwater at the compliance point or

points~

and

3)

Determine compliance with Sections 840.116 and 840.118 of this Subpart.

b)

Standards for the loeation of monitoring points.

1)

l'\. network of no rev/er than three monitoring points must be established at

loeations

dO'y'lngradieat of Ash Pond D v/ith respeet to ground'water flovl.

£~)

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

contaminant pathways.

e)

Standards for sample eolleetion and analysis.

1)

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

proeedures that ensure that oolleoted samples are representative

of the

zone being monitored and that the results oan

be relied upon to provide

data representative

of the zone being monitored.

2)

The O'i'lner or operator of Ash Pond D mt:lst establish a qt:lality

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

assurance program.

d)

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

maintenance plan.

Section 840.114 lla 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 to demonstrate compliance with Sections

840.116 and 840.118 of this Subpart. 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 CO'ier systeHl 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

840.112.J:.-l-f) fe:F

ik@ f€'lH€PNiftg e€'lR8timeRts on a quarterly basis 8@giftfting !!p€lR e€lfftldeti€'lR €If

!fi@ iRSt81:lati€lR €If iR@ gr€ltift€ir.vat@f fft€lRit€lA:'ng system 81ui e€lfttiHWftg for the

Mfst

Bve ye8fS aft8r aflJJr€lval €'If tile 81€lsm-8

~:

constituents identified in 35

Ill. Adm. Code

620.41 O(a) and (d) except radium-226 and radium-228.

Any

constituent that is not detectable 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 removed Eif€lf3fteEi from the monitoring 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.

12+)

Aftet:

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 detennination

of all of the following:

lA)

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

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

~G)

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 Ash Pond D.

£2-)

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

frequency to semi

aHflUal purSU8flt to subseotion (a)(l) of this Seotion

If

and

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

at the down-gradient boundaries

of the Hutsonville site monitoring ,.yells inside

Zone B show no statistically significant increasing trends that

can be attributed to

Ash Pond D 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

Qx.

demonstrating all of the factors set forth in subsections (b)( 1) through (b )(3) of

this Section.

3)

The oVlner or operator of Ash Pond D may discontinue ground:water monitoring

fur the constituents

in subsection (a) of this Section vmen no statistically

significant increasing trend that can

be attributed to Pond D is detected in the

concentration

of any such constituent at the dOVin gradient monitoring .. yells

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 acoordanoe with Seotion 840.l12 are at or below Class I

groundv/ater quality standards for a period of five years.

d)

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

upon Agency approval of the certified post-closure care report as required by

Section 840.142.

e)

Sampling and analysis data from groundwater monitoring and decisions to

remove

~

any constituent from the monitoring program must be reported to the

Agency

ft€) later than 3Q gays aliter the Stl:lllffliftg aftg aftalysis hM'@ @@@ft

@€lmffl@t@g as provided in Section 840. 1 44(a) of this SubpPart.

@f)

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

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

reference at

Section 840.108 of this SubnPart or other procedures approved by the

Agency in the closure plan or post-closure care plan:

1)

"Methods for Chemical Analysis of Water and Wastes";

2)

"Methods for the Detennination of Inorganic Substances in Environmental

Samples";

3)

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

4)

"Methods for the Detennination of Metals in Environmental Samples-

Supplement I";

5)

"Methods for the Detennination 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, IlA, lIB, III, IlIA, and IlIB;

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."

tID

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

quality assurance program for sample collection, preservation and analysis.

b)

The

oVlner or operator of Ash Pond D must monitor eaeh vlell 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

\vith Section 840.112(a)(3): antimony, arsenic, barium, beryllium,

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

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

1)

~40nitoring

0 f inorganic constituents must be performed during the first

quarter

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

closure plan.

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

2)

Any inorganic constituent listed in this subsection observed to exceed its

Class I

groundvlater quality standard must be monitored on a quarterly

basis. After four consecutive quarterly samples

sholll no exceedance of

the Class I groundv/ater quality standard for such constituent, the oVlner

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

constituent to annual sampling.

c)

Elements

of the Ground'lfater

~40nitoring

Program may be modified upon

agreement

'lAth the Agency, so long as the modification is in accordance with the

provisions

of this Subpart.

Section 840.116l-l4 Groundwater Quality Standards Cemplianee Zenes

a)

On-site. ,porior 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 Dare ssall 8@ the concentrations as determined by

groundwater monitoring, if such concentrations exceed the numeric 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 numeric standards for Class

I: Potable Resource

Groundwater set forth in 35 Ill. Adm. Code

620.410, are SSan8@ 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 on-site;

2)

Any threat to human

~

health or the environment on-site 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)

or an alternative instrument authorized for

environmental uses under Illinois law and approved

by the Agency.

Existing potable uses

of groundwater may be preserved as long as such

uses remain fit for human consumption in accordance with accepted water

supply principles.

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

No

generally applicable groUfld\vater quality staadaros apply \vithin Zone A. or

Zone B. '.llithin Zone A and Zone B, from the effective date of this nde and

continuing indefinitely thereafter, concentrations

of constituents may exceed any

generally applicable groundvlater quality stand

ani established by the Board or the

l\gency, iacludiag the Class I groundwater quality standards, as set forth in 35 Ill.

l\dm. Code 620.

b)

Off-site, the applicable groundwater quality standards fe.Fare the numeric

standards for Class I:

Potable Resource Groundwater are as set

fef!th

ill 3 § Ill.

PiSm.

C~Hh~

li2QAQl

h~.g.,

fillllH.wi@al stoo8aMS @f set forth in 35 Ill. Adm. Code

620.410 in 1h¥ upper zone of the underlying aquifer+ and the nondegradation

standard

of35 Ill. Adm. Code 620.Subpart C in the lower zone of1h¥ underlying

aquiferil 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

1;'f@i'@fl) owner(s) fe¥ for off-site property or 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 or any

modification thereof, 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 ia Section 840.116 of this Part, the results of annual trend analysis

'Nill be used to determine compliance \vithin Zoae B.

Section 840.118.:t-M 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 Subppart:

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

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RULE

boundaries

of the Hutsonville site for four consecutive years after

changing to an annual monitoring frequency pursuant to Section

840.114(c)

of this SuboPart.

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 Subppart in the upper zone of the

underlying aquifer 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 Subppart;

ftfKi

ii)

No statistically significant increasing trend that can be

attributed to Ash Pond D is detected in concentrations of

constituents monitored in accordance with Section 840.114

of this Subpart in the lower zone of the underlying aquifer

at the down-gradient boundaries

of the Hutsonville site for

four consecutive years after changing to

an

annual

monitoring frequency pursuant to Section 840.114(c)

of

this Subpart:

and

!ill

All concentrations of constituents monitored in accordance

with Section 840.114

of this Subppart are at or below the

applicable groundwater quality standards as provided

in

Section 840.116(b) of this Subppart 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 SubpPart, the compliance

points 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, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

3)

A

~1ann

K@fl8811 8ft81ysis HUlst e@ }:,@rf@fm@8 at 95 }:'@£@@flt @8ftB8@ft@@ t8

8@t@Fmlfl@ Vlft@th@f tk@ lft@£@a8iftg 8£ 8@@f@8Siftg ti"@ft8 is st8Msti@ally

signifi@ant.

The OVlner or operator of A:sh Pond D must establish and identify in the closure

plan and post closure care plan no

rev/Of

than three dovln gradient monitoring

l*yells located within Zone B for determining ground-tVater qUality.

b)

For pumoses of demonstrating compliance: C8mpli8ft@@ must e@ 8@m€Jftst¥at@8 88

mIl 8 ViS:

1 )

T8 8@ftl8ftst¥at@ @sfft}:,li8ft@@ vlitft tft@ 8ft site gf€Hift8'wat@f tlti81ity St8ilS8¥S8

8ft8 stieS@@titeHt (a)(I) 8ftftis S@@ti@M, the 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 in Zone B

for all constituents monitored in accordance

with Section 840.114112(a)

of this Subpart and for all constituents monitored in accordance v/ith

Section 840.112(b)

tRst

are ae8Y@ Class I gf8l.tft8Wat@£ Efllality staft8ar8S

~

}:,£€JViS@8 ift 3 S Ill. A8m. C88@

~2(4.

41 Q, based on a minimum of four

consecutive samples,

by applying Sen's Estimate of Slope. If the results

sho..,1 an increasing trend, a Mann Kendall analysis must be performed at

95 percent confidence to determine whether

the increasing trend is

statistically

sigaificant.

2)

Te 8@ftl8ftstrat@ @8fft}:,li8ft@@ 'Keith the 8ff site gfSMEhvat@f gti81ity

st8ft88£8S 8:li8 sues@@ti€Jft (8)(2) 8fthis 8@@tt8ft:

A)

Th@ eV;'ft@£ 8£ 8}:,@fatef 8flzsh P8ftQ

D

ffttist p@fferm 8ft 8nftual

tr@ftS 8:ftalY8is f'8r @atdi m8ftitsRftg w@1lIe@at@8 at

~@

8€JWft

grasi@ftt e8tift8aR@8 8ftft@ Huts8ftvill@ sit@ fef all @8ftstitu@flts

mSftit8r@8 1ft a@@8f88il@@

wi~

S@@ti8ft 84(4.114 sf this Part that are

ae8v@ Class I gfSUft8Vlat@f €luaHty 81aft88£8S as

}:,f8

'

li888

1ft

s

S Ill.

Asm. C88@

~2(4AQ1

(@.g., oom@R@al stan88£ss

sf3~

Ill. A8m.

CS8@ 82(4.41 (4 ill l:lpP@f E8ft@ 8f tUl88fl)eiftg atluifur; ft8ft88gFa8atisft

st8il88£8

8f3~

Ill. Aam. C8S@

~2Q.8uepart

C ift

18

1

;V@f

Eeft@ sf

ti8:8@rl)eiftg 8:tJtii'OOfj 8aS88 8ft a miftiffttilft 8f t@tif 88ftS@8tHiv@

8ampl@s, 8y applyiftg S@ft'S

~stimat@

8f 818p8; 8fiS

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

the e€PNft gfasi@llt lunlfteafl8s

@ftlu~

IItttsBwlill@ site :fef all

@@Ilstimeftts mBllit@f@8 ift ae8Bfe8Flee vlith S@@ti@ft 8 4Q.114 Bf this

Part mttst 8@hiev@ th@ 8pplieael@ gF@ttfte'Nat8f t!u:ality staneafes 8S

pfBvieee ill 3S Ill. Adm. C888 @2Q.491 fe.g., Mtm@ri@81 st81learss

@f3S Ill. :Asm. C@se @29.419 ill u:ppef l'§Bll@ @ftm:8@flyillg 8t!tti:fef;

llBlleegr:8eatt@ft SMftS8f8 Bf 3 SIll. Aem. C@e@ (1;29.Su:@part C ift

IB >Yef l'§BIl@ @fU:ll8@flyillg 8gttiferj at the 8@Vlft gra8i@ftt ll@ttftsaries

@f the I

Ittts@ft\~l1e

sit@.

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 Subppart, 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.

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

840.12().H.S

of this Subpart.

A+)

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

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 detennination.

~;!.)

If there is no superseding cause for the statistically significant

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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

statistically significant 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(t) of this SubP=art.

2,d)

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

period

of two or more consecutive years and there are no superseding

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

A+)

A hydrogeologic investigation; and

2)

An

iRYestigatioR to determiRe there are no exceedences of Class

I

staBdards attributable to Ash PORd D at the outer edge of Zone

B; aBd

B3-)

Additional site investigation, if necessary.

J,e)

Based on the outcome of the activities required by subsection Will

«11

of

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

mitigate statistically significant increasing trends

exceedeflces that are

causing, threatening

or allowing exceedences of off-site groundwater

quality standards as set forth in Section

840.116(b)ffi. occurring at the

outer edge

of ZORO 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.

€If)

If! aeesF€lM@@ vlitk S@@tisf! 849.144 sf this PaR, the Th@ SYlft@F SF SI'@M@f @fAsk

PSful

0

mtlst soomit

aft

ar.ntlal f@I'S¥! ts the Ag@:ft@y ..,sAtk the F@s\il:lts sf the tf@:ft€l

Malysis Fetltlif@€1 @y stl@se@tis:ft (@) sf this Seeti8Jl

anB

stlI'I's¥!iJlg

Bata.

Th@

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RULE

af111tial f@fJ@¥t mtist ift@ltid@ 8 diS@tiSSi@ft @f 8fty statisti@811) sigftifi@8ftt ift@f@asillg

tf@ftdS, a@ti@ftB taiE@ll t@ mitigate ift@f@a8illg k@ftds ift 8@@@fd8ft@@ v;ith stihs@@ti@ft

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Section 840.120

l-lS

Groundwater Collection Trench

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

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 SubpPart. Once compliance with the groundwater quality standards as set forth

in Section 840.116 has been achieved in accordance with Section

840.118Ca)Upea

8131318\'81

ay

the Ag@ll@Y @8mfJ1@ti8ft 8f the fJ8St @18stif8 Saf@ @@¥tifi@ati@ft r@E}llif@d @y S@@ti@ft

8 4Q.14214Q

@f

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

collection trench. Upon discontinuing operation

of the groundwater collection trench. the owner

or operator must perform four quarterly sampling

of the groundwater monitoring system wells as

identified in the post-closure care plan. or modification thereof. to ensure compliance with the

applicable groundwater quality standards set forth in Section 840.116. Results

of the four

quarterly sampling must be included in the post-closure report documentation.

If compliance is

not confirmed. operation

of the groundwater collection trench and discharge system must be

resumed.

Section 840.122 y{) 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 'llith 'tVaste'.vater

discharge pennit conditions. Groundwater collected

must be routed through

the outfall from Ash Pond B as authorized by the Hutsonville POlllOf

Station's l'iPDES permit in compliance with applicable '.vater quality standards for the \Vabash

Ri¥ef.:.

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 discharge system

@@ll@@t4@R tr@D@h must be constructed according to a construction

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

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

Section

840.124

J.n

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-

O\\'Ber or operator may use coal combustion \-vaste generated

at

the site in

establishing the final grade

and slope. Any coal combustion ':taste used to

establish the

final grade and slope is considered coal combustion eyproduct, 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 Ash

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 thr@@ (3) five (5)

percent;

4)

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

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 H4 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

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RULE

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] x ] 0-7

centimeters per second. or less.

2)

The geosynthetic mernbrane 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

constructed according to a construction quality assurance program that meets the

following requirements

of Section 840.146 of this SubpPart . .;.

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

CQl\

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

include descriptions

of the weather, locations ,,,here construction occurred

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

duriHg the previous week, materials used, results of testing, iHsfJeetion

reports, and procedures used to fJerform the insfJections. The CQA officer

must

certify the refJort.

3)

The CQA officer must exercise judgment to certify the follo'NiHg:

That the bedding material contains no undesirable objects;

B)

That the closure fJlan has been folloYled;

C)

That the anchor trench and backfill are constructed to

fJr~lent

damage to the geosynthetic membrane;

D)

That all tears, rifJS, fJunetures, and other damage are

refJaired; and

E)

That all geosynthetic membrane seams

are profJerly

construeted

and tested in accordance v/ith manufacturer's

sfJecifi cations.

Section 840.128!U 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 Y8 Contents of Closure Plan

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

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

with the operation or closure of Ash Pond D; and

3)

All existing and proposed groundwater monitoring wells.

t-tmd-

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

840.11Q.l-Q& of this Subpart.

e)

Description

of the groundwater trend analysis methods as required by Section

840. 1 1 8++6 of this Subpart.

f)

Plans, specifications and drawings for Description of the groundwater monitoring

system required

by Section 840.112H-G of this Subpart.

g)

Description

of the groundwater monitoring program required by Section

840.11~

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

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

840.118++6 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.

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

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

840.12~

of this Subpart.

If)

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

the time required for hydrostatic equilibrium of groundwater beneath Ash Pond

~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 SubpPart, 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 SubpPart including, but not limited to, the sampling programs

required by Section 840. 146(b)(7)

of this Subppart.

0)

Description of actions proposed to mitigate statistically significant increasing

trends in accordance with Section 840.118(c)

of this SubpPart, 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 HO Modification of Existing Permits

Within sin M@mftS 180 days of the effective date of this Subpart A, the

+he

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 8ection 840.120-l-l-& and 840.122

of this Subpart. if necessary.

Section 840.134

-l3a

Completion of Closure, Closure Report and Certification of

Completion of Closure

a)

The owner or operator must complete engineering and design activities for the

g@Mf'lgte closure of Ash Pond D within 180 days after the effective date of this

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

rule. eighteeft m8fttlis after the Agenev's

~pr8val

8ftlie e188tife pl8:ft.

b)

The owner or operator must complete closure of Ash Pond D within 18 months

after the

Agency's approval of the closure plan. unless the Agency approves an

alternative timeline.

~

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

840.128~

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

must contain supporting documentation including, but not limited to: and inolude

all

CQA reports required by Seotion 840.124(0)(2).

I)

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 Subp¥art;

2)

Photographs of the final cover system and groundwater collection trench

and any other photographs relied

upon to document construction activities;

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 lJ4 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

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

operator of Ash Pond D must conduct ar..nual inspections of the cover system ill...

the same time and frequency as the groundwater monitoring sampling schedule

set forth in

Section 840.114 of this SuboPart.

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

l3(j

Post-Closure Care Plan

a)

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

+he

owner or

operator

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

closure care plan for review and approval.

b)

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

location specified in the post-closure care plan.

Section 840.140

-H8

Contents of Post-Closure Care Plan

The post-closure care

plan~r

modification thereof. must include, at a minimum, the following

elements:

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

a)

Description of the post-closure care activities required by Section

840.136~

of

this Subpart;

b)

Description

of the groundwater monitoring system required by Section

840.112-l--l-G 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

840.11~

of this Subpart;

d)

Identification

of the location of the monitoring wells used for trend analyses

required

by Section 840.118He 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 Subo¥art; A copy of the certification of closure required by

Seotion 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 statistically significant increasing

trends in accordance with Section 840.118(c)

of this SuboPart, if applicable, and

the operation and maintenance

of any structures or devices; and

ip)

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

the post-closure care plan.

Section 840.142l4G 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

0

must prepare and submit to the Agency for review and approval 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

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF

PROPOSED RULE

Sections

840.116 through 840.118 of this Part. Seetions 840.134 and 840.112(a)(3) of this

Subpart. The post-closure report must include a certification(s) by a professional engineer 6f-

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

approved in the post-closure care plan

ofSeetion 840.134 and Section 840. 112(a)(3) of this

Soopart 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 and results

of the four quarterly sampling performed under Section

840.120 of this Subpart;

b)

Photographs

of the final cover system and groundwater collection trench and any

other photographs relied upon to document construction activities;

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 t4a Recordkeeping and Reporting Requirements

a)

The oVlner or operator of Ash Pond D must file groundv/ater monitoring data

electronically

v/ith the l\gency each year during the closure of Ash Pond D and

for the entire post closure care period. The OINner or operator must soomit

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

~b)

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 840.142+40

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

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

or operator must submit groundwater sampling and analysis data and decisions to

remove constituents from the monitoring program no later than 30 days after the

sampling and analysis have been completed.

he)

All annual reports must contain the following information:

1)

Trend analyses required by Section 840.118(b) of all groundwater

monitoring data generated

by the groundwater monitoring program

required

by Section 840.11

~

of this

Subpart~

dtiriftg tft0 }1f@00Siftg Y0af

aBS aMy 88!Hti@ftal €lata €If iftf8ffflati€lft f@gttir08 hy S 0@ti€lft 84 Q.118(€l) €If

this P art;

ass

2)

A copy of any notice submitted to the Agency pursuant to Section

840.118(c)O

)(A):

3)

A discussion

of any statistically significant increasing trends and actions

taken to mitigate such trends

in accordance with Section 840.118(c)(3) ef-

information required by Section 840.118(d) of this Part; and

4)

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.

2d)

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.

ge)

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

the end of the post-closure care period.

~f)

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 840.142-149.

fg)

All reports, plans. modifications and notifications required under this Subpart to

be submitted to the Agency must be submitted in writing to the Bureau of Water

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RULE

baH<:i, Division of Public Water Supplies, Attn: Hydrogeology and Compliance

Unit,

1021 North 8e:Hth Grand Avenue East, P.O. Box 19276, Springfield, Illinois

62794-9276 or electronically as authorized and directed

by the Agency.

Section 840.146l44 Construction Quality Assurance Program l\4odifieation of ClosuFe

Plan OF Post CIOSUFe CaFe 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;

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 (llCQAll)

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;

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

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;

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;

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

C)

Installation of the groundwater collection trench and discharge

system required

by Sections 840.120 and 840.122 of this Subpflart;

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 perfonned 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.

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 O'l/ner or operator of l\:sh Pond D may modify the closure or post closure plan so long as the

modification is in aocordanoe with the

provisions of this Subpart. The updated plans must be

filed vlith the Agenoy 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 SubpP:art, 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 Subp!!art, a

post-closure care plan satisfying the requirements

of Section 840.140 of this

SubpPart, and any modifications to approved plans must be submitted to the

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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

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 Subpp-art 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

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

applicable groundwater guality standards as set forth in Sections 840.116

and

840.118 of this Subpllart;

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 SubJ>P:art 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 technigues and analytical methods;

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:

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

1)

An explanation of the specific type of infonnation 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 are subject to

mast @@ is the mann@F pF@via@a t@F the review

~@fp@mlit

a@@isi@fts ill Section 40 of the Act (415 ILCS 5/40).

Section 840.150

Completion of Closure, Post-Closure Report and Certification of

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 SubnPart 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 SubnPart

and a post-closure report satisfying the requirements of Section 840.142 of this

Subpp-art 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)

Submissiona, f:lftd=review, and approval procedures F@€rsiF@m@ftts and deadlines,

notification requirements, and rights of appeal shall be the same as those set forth

in Section

840.148 of this Subppart for closure plans and post-closure care plans.

c)

When reviewing a closure report and certification

of completion of closure, the

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RlTLE

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 Sub@art;

2)

The installation of the groundwater monitoring system required by Section

840.112

of this Subppart;

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 Subpllart;

5)

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

of this SubnP-art;

6)

Compliance with the Construction Quality Assurance requirements of

Section 840.146 of this SuboPart;

7)

The establishment of a groundwater management zone in accordance with

Section 840.1 16(b), if applicable;

8)

The implementation

of actions to mitigate increasing trends as required by

Section 840.118(c) of this Sub@art, 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)

2)

3)

4)

5)

6)

7)

8)

9)

Section 840.152

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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

840.136;

The maintenance

of the groundwater monitoring system in accordance

with Section 840.112(d);

The implementation

of the groundwater monitoring program as required

by Section 840.114 of this Subppart;

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;

The performance

of the groundwater trend analysis as required by Section

840.118

of this Subppart;

The implementation of actions to mitigate increasing trends as required by

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

Compliance with the requirements

of the groundwater management zone

as established pursuant to Section 840.116(b)'

if applicable;

Compliance with the groundwater quality standards set forth in Sections

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

840.118; and

The presence

of professional signatures and seals as required by Section

840.140.

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. To the extent that any rules adopted in this Subpart

A are less stringent than or inconsistent with any such laws applicable to the closure

of Ash Pond

D, such laws will prevail. l\Sy

Nh~s

aS8pt@s is this

Rl!@fl81~:

It

that M@ l@ss st¥i:ftg@ftt tft8:ft 8f

is@8ssist@fit !.vith Stl@S feserallaJNs appli@ahl@ t8 {\iSS P8ftS

Q

8f stat@ lallls a88pt@3 t8 8htaifi

fe8@ral

8elegath~s,

8:tltft8fi!lJa!i8s 8f appf8v8:1 8f 8: state pf8G¥8:m admiftis1ere8 ptlfStlftftt 18 Sy@ft

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

Ns@ral

hVtV8

ar@ v@is oy @P8fatiI:Ul @f law.

CH2\ 1912480.1

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

Proposed Rule With Agreed To Changes

The attached agreed to proposed rulemaking language incorporates the Agency's August

18, 2009 proposed revisions and the parties agreed to revisions thereof. This is a clean version

of the agreed to language.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE

G: WASTE DISPOSAL

CHAPTER

I: POLLUTION CONTROL BOARD

SUBCHAPTER

j:

COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS

PART 840

SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE

IMPOlJNDMENTS

SUBPART

A: CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION

Section

840.100

840.102

840.104

840.106

840.108

840.110

840.112

840.114

840.116

840.118

840.120

840.122

840.124

840.126

840.128

840.130

840.132

840.134

840.136

840.138

840.140

840.142

840.144

840.146

840.148

Purpose

Applicability

Definitions

Abbreviations and Acronyms

Incorporations by Reference

Hydrogeologic

Site Investigation

Groundwater Monitoring

System

Groundwater Monitoring Program

Groundwater Quality Standards

Demonstration

of Compliance

Groundwater Collection Trench

Groundwater Discharge

System

Final Slope and Stabilization

Final Cover

System

Closure Plan

Contents of Closure Plan

Modification of Existing Permits

Completion of Closure, Closure Report and Certification of Completion of

Closure

Post-Closure Maintenance of Cover System

Post-Closure Care Plan

Contents

of Post-Closure Care Plan

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

Recordkeeping and Reporting Requirements

Construction Quality Assurance

Program

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

---

840.150

840.152

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

Review and Approval of Closure Report and Certification of Completion of

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

Care Plan

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 51122,27, 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.

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

the Hutsonville

Power Station, 15142 East 1900 Avenue, Hutsonville, Crawford

County, Illinois.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RULE

"Board" means the Illinois Pollution Control Board.

"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

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

"Lower zone of underlying aquifer" means the sands and gravels beneath the fine-grained

surficial alluvium within the Wabash River bedrock valley.

"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.

lIPerson" 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, agent 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 of1989.

[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]

"Statistically

significant" means the application of a Mann-Kendall analysis performed

at 95 percent confidence to determine whether consecutive groundwater sampling data

showing greater or lesser concentrations of constituents is statistically significant.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

"Upper

zone of underlying aquifer" means surficial sands and sandstones overlying shale

west

of the Wabash River bedrock valley, and sand lenses within the surficial fine-

grained alluvium.

Section 840.106

Agency

CQA

GMZ

Mg\L

NPDES

TDS

Section 840.108

Abbreviations and Acronyms

Illinois Environmental Protection Agency

Construction Quality Assurance

Groundwater Management Zone

milligrams per liter

National Pollutant Discharge Elimination

System

total dissolved solids

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.govl).

"Methods for the Determination

of Inorganic Substances in Environmental

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

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/).

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

"Methods for the Detennination 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.

EP N600/2-85/l 04 (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, lIB,

III, IlIA, and IIIB (Doc. No.

955-001-00000-1), (available on-line at

http://www.epa.gov/epaoswer/hazwaste/testlmain.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

Hydrogeologic Site Investigation

The owner or operator

of Ash Pond D must design and implement a hydrogeologic site

investigation to detennine the nature and extent

of contamination originating from Ash Pond D

and to develop hydrogeologic infonnation for the uses set forth below.

If approved in the

closure plan, any infonnation from any hydrogeologic site investigation perfonned 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 infonnation to define hydrogeology and to assess the groundwater

impacts associated with Ash

Pond D;

b)

Providing infonnation to perfonn a model to assess the groundwater impacts

associated with closure

of Ash Pond D; and

c)

Providing infonnation to establish a groundwater monitoring system.

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

Section 840.112

Groundwater Monitoring System

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

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 Subpart. If approved in

the closure plan, any groundwater monitoring well in operation since 1999 that complies with the

requirements set forth in this Section may be used in satisfying 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

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 to:

1)

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

contamination from Ash

Pond D;

2)

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

and

3)

Determine compliance with Sections 840.116 and 840.118

of this Subpart.

c)

Monitoring wells must be located in statigraphic horizons that could serve

as

contaminant pathways.

d)

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

maintenance plan.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

Section 840.114

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

to demonstrate compliance with Sections 840.116 and 840.118 of this Subpart. 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. 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 pursuant

to Section 840.112 on a quarterly

basis for the constituents identified in 35 Ill. Adm. Code

620A10(a) and (d)

except radium-226 and radium-228. Any constituent that is not detectable 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 removed from the monitoring 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.

b)

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 all of the

following:

1)

That monitoring effectiveness will not be compromised by the reduced

frequency

of monitoring;

2)

That sufficient data has been collected

to characterize

groundwater; and

3)

That concentrations

of constituents monitored pursuant to subsection (a)

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

show no statistically significant increasing trends that can be attributed

to

Ash Pond D.

c)

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

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

Section at the down-gradient boundaries of the Hutsonville site show no

statistically significant increasing trends that can

be attributed to Ash Pond D 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.

d)

The owner or operator

of Ash Pond D may discontinue groundwater monitoring

upon Agency approval

of the certified post-closure care report as required by

Section 840.142.

e)

Sampling and analysis data from groundwater monitoring and decisions to

remove any constituent from the monitoring program must

be reported to the

Agency as provided in Section 840. 1 44(a)

of this Subpart.

f)

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 Subpart or other procedures approved by the

Agency in the closure plan or post-closure care plan:

I)

"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, lIB, III, lIlA, and IIIB;

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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."

g)

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

quality assurance program for sample collection, preservation and analysis.

Section 840.116

Groundwater Quality Standards

a)

On-site, 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 are the concentrations as determined by

groundwater monitoring, if such concentrations exceed the numeric 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 numeric standards for Class

I: Potable Resource

Groundwater set forth in 35

Ill. Adm. Code 620.410, are 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 on-site;

2)

Any threat to human health or the environment on-site 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) or an alternative instrument authorized for

environmental uses under Illinois law and approved

by the Agency.

Existing potable uses

of groundwater may be preserved as long as such

uses remain fit for human consumption in accordance with accepted water

supply principles.

b)

Off-site, the applicable groundwater quality standards are the numeric standards

for Class

I:

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

in the upper zone of the underlying aquifer and the nondegradation standard of 35

Ill. Adm. Code

620.Subpart C in the lower zone of the underlying aquifer, unless

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

a groundwater management zone (GMZ) has been established as provided in 35

Ill. Adm. Code 620.250 with the written permission

ofth~

affected owner(s) for

off-site property

or 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 or any

modification thereof, as appropriate.

2)

Groundwater quality standards for an off-site

GMZ are set forth at 35 Ill.

Adm. Code 620.450(a)(4).

Section

840.118

Demonstration of Compliance

a)

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

in Sections 840.1 16(a) and (b)

of this Subpart:

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

changing to an annual monitoring frequency pursuant to Section

840.114( c)

of this Subpart.

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 Subpart in the upper zone of the underlying

aquifer 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

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

changing to an annual monitoring frequency pursuant to

Section 840.114( c)

of this Subpart;

ii)

No statistically significant increasing trend that can be

attributed to Ash

Pond D is detected in concentrations of

constituents monitored in accordance with Section 840.114

of this Subpart in the lower zone of the underlying aquifer

at the down-gradient boundaries

of the Hutsonville site for

four consecutive years after changing to an annual

monitoring frequency pursuant to Section 840.114(c)

of

this Subpart; and

iii)

All concentrations

of constituents monitored in accordance

with Section 840.114

of this Subpart are at or below the

applicable groundwater quality standards as provided in

Section 840.116(b)

of this Subpart 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 Subpart, the compliance

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

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

b)

For purposes

of demonstrating compliance:

1)

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 Subpart, based on a minimum of four consecutive

samples,

by applying Sen's Estimate of Slope.

2)

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 Subpart, 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.

c)

Compliance with nondegradation standards during closure and post-closure care

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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 detennine 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

840.120 of this Subpart.

A)

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.

B)

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)

of this Subpart to semi-

annual

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)(l), notifications concerning

statistically significant 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. 1 44(f) of this Subpart.

2)

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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3)

Section 840.120

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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

A)

A hydrogeologic investigation; and

B)

Additional site investigation,

if necessary.

Based on the outcome

of the activities required by subsection (c )(2) of

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

mitigate statistically significant increasing trends that are causing,

threatening or allowing exceedences

of off-site groundwater quality

standards as set forth in Section 840.116(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.

Groundwater Collection Trench

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

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 SUbpart. Once compliance with the groundwater quality standards as set forth in

Section 840.116 has been achieved in accordance with Section 840.1 18(a), the owner or operator

of Ash Pond D may discontinue operation of the groundwater collection trench. Upon

discontinuing operation

of the groundwater collection trench, the owner or operator must

perform four quarterly sampling

of the groundwater monitoring system wells as identified in the

post-closure care plan, or modification thereof, to ensure compliance with the applicable

groundwater quality standards set forth

in Section 840.116. Results of the four quarterly

sampling must be included in the post-closure report documentation.

If compliance is not

confirmed, operation

of the groundwater collection trench and discharge system must be

resumed.

Section 840.122

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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

by the Agency in the closure plan or post-closure care plan. 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 discharge system must be constructed

according to a construction quality assurance program that meets the requirements

of Section

840,146 of this Subpart.

Section 840.124

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.

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)

2)

3)

4)

Section 840.126

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

any freeboard between the top

of the berm and the adjacent surface of the

coal combustion waste;

Additional coal combustion waste only may be placed directly

on top of

coal combustion waste that is already in place;

The maximum final slope must

be no greater than five (5) percent;

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

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).

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 penneability layer. The low permeability layer must be

Electronic Filing - Received, Clerk's office, September 22, 2009

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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.

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

constructed according to a construction quality assurance program that meets the

requirements

of Section 840.146 of this Subpart.

Section

840.128

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.

Electronic Filing - Received, Clerk's office, September 22, 2009

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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

Contents

of Closure Plan

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.

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 840.110 of this Subpart.

e)

Description of the groundwater trend analysis methods as required by Section

840.118 of this Subpart.

f)

Plans, specifications and drawings for the groundwater monitoring system

required

by Section 840.112 of this Subpart.

Electronic Filing - Received, Clerk's office, September 22, 2009

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RULE

g)

Description

of the groundwater monitoring program required by Section 840.114

of this Subpart including, but not limited to, a description of the 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 840.118 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.

k)

Plans, specifications and drawings for the final cover system required by

Section 840.126 of this Subpart.

1)

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 Subpart, 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 ofthls Subpart including, but not limited to, the sampling programs

required

by Section 840. 146(b )(7) of this Subpart.

0)

Description of actions proposed to mitigate statistically significant increasing

trends in accordance with

Section 840.1 18(c) of this Subpart, 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

Modification

of Existing Permits

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RlTLE

Within

180 days of the effective date of this Subpart A, 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 840.120 and 840.122 of this Subpart, if

necessary.

Section 840.134

Completion of Closure, Closure Report and Certification of

Completion of Closure

a)

The owner or operator nlust complete engineering and design activities for the

closure

of Ash Pond D within 180 days after the effective date of this rule.

b)

The owner or operator must complete closure

of Ash Pond D within 18 months

after the Agency's approval

of the closure plan, unless the Agency approves an

alternative timeline.

c)

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

840.128 of this Part and the requirements of this Subpart. The report also must

contain supporting documentation including, but not limited to:

I)

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 Subpart;

2)

Photographs of the final cover system and groundwater collection trench

and any other photographs relied upon to document construction activities;

3)

A written summary

of closure requirements and activities as set forth in

the closure plan and this Subpart

A;

4)

Any other infonnation relied upon by the professional engineer in making

the closure certification; and

5)

The signature and seal

of the professional engineer supervising the

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Section 840.136

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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

and making the certification

of completion of closure.

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

operator

of Ash Pond D must conduct 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 Subpart.

b)

The owner or operator

of Ash Pond D must fill all rills, gullies, and

crevices six inches or deeper. 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 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.

f)

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

other damage to the geosynthetic membrane.

g)

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

protective cover.

Section

840.138

Post-Closure Care

Plan

a)

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

operator

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

closure care plan for review and approval.

b)

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

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

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ILLIN 0 IS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

location specified in the post-closure care plan.

Section 840.140

Contents

of Post-Closure Care Plan

The post-closure care plan, or modification thereof, must include, at a minimum, the following

elements:

a)

Description

of the post-closure care activities required by Section 840.136 of this

Subpart;

b)

Description of the groundwater monitoring system required by Section 840.112 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 840.114

of this Subpart;

d)

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

required

by Section 840.118 of this Subpart;

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 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 statistically significant increasing

trends in accordance with Section 840.118( c)

of this Subpart, if applicable, and

the operation and maintenance

of any structures or devices; and

i)

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

Electronic Filing - Received, Clerk's office, September 22, 2009

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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 for review and approval 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. The post-closure report must include a

certification(s) by a professional engineer that the standards and requirements set forth in this

Subpart A and approved in the post-closure care plan 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 and results of the four quarterly sampling performed under Section

840.120

of this Subpart;

b)

Photographs

of the final cover system and groundwater collection trench and any

other photographs relied upon to document construction activities;

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

Recordkeeping and Reporting Requirements

a)

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 840.142 of

this Subpart have been met, annual reports are no longer required. The owner or

Electronic Filing - Received, Clerk's office, September 22, 2009

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

operator must submit groundwater sampling and analysis data and decisions to

remove constituents from the monitoring program no later than

30 days after the

sampling and analysis have been completed.

b)

All annual reports must contain the following information:

1)

Trend analyses required by Section 840.118(b) of all groundwater

monitoring data generated by the groundwater monitoring program

required

by Section 840.114 of this Subpart;

2)

A copy

of any notice submitted to the Agency pursuant to Section

840.118(c)(1)(A);

3)

A discussion

of any statistically significant increasing trends and actions

taken to mitigate such trends in accordance with Section 840.118( c )(3);

and

4)

The completed closure or post-closure activities performed during the

preceding year.

c)

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.

d)

The owner or operator of Ash Pond 0 must maintain the closure plan until

the end

of the post-closure care period.

e)

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 840.142.

f)

All reports, plans, modifications and notifications required under this Subpart to

be submitted to the Agency must be submitted

in writing to the Bureau of Water,

Division

of Public Water Supplies, Attn: Hydrogeology and Compliance Unit,

1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-

9276 or electronically as authorized and directed by the Agency.

Section 840.146

Construction Quality Assurance Program

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

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;

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;

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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;

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 sub grade and

foundatio~

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 Subpart;

and

D)

Construction of ponds, ditches, lagoons and berms.

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

6)

If the CQA officer is unable to be present to perfonn, 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 perfonned 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.

Section 840.148

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.

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 Subpart, 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 Subpart, a

post-closure care plan satisfying the requirements

of Section 840.140 of this

Subpart, 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 detennination 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

Electronic Filing - Received, Clerk's office, September 22, 2009

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

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

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 Subpart 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 Subpart;

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 Subpart and has been

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ILLINOIS REGISTER

POLLUTION CONTROL

BOARD

NOTICE

OF PROPOSED RULE

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

thi~

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 management

of risk relative to any remaining contamination,

including, but not limited to, provisions for the use

oflong-tenn

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

infonnation, 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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULE

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 detennination within the applicable review

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

of the final

detennination or expiration

of the review period, file an appeal with the Board.

Appeals to the Board are subject to review under 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

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 Subpart 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 Subpart

and a post-closure report satisfying the requirements

of Section 840.142 of this

Subpart 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, review, and approval procedures and deadlines, notification

requirements, and rights

of appeal shall be the same as those set forth in Section

840.148

of this Subpart 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 perfonnance of the hydrogeologic site investigation required by

Section 840.110 of this Subpart;

2)

The installation

of the groundwater monitoring system required by Section

840.112

of this Subpart;

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RULE

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 Subpart;

5)

The installation of the final cover system as required by Section 840. I 26

of this Subpart;

6)

Compliance with the Construction Quality Assurance requirements

of

Section 840.146 of this Subpart;

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 Subpart, 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 Subpart;

4)

The operation and maintenance

of the groundwater collection trench and

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

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5)

6)

7)

8)

9)

Section 840.152

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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

Sections 840.120 and 840.122;

The perfonnance of the groundwater trend analysis as required by Section

840.118 of this Subpart;

The implementation

of actions to mitigate increasing trends as required by

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

Compliance with the requirements

of the groundwater management zone

as established pursuant to Section 840.116(b),

if applicable;

Compliance with the groundwater quality standards set forth in Sections

840.1 16(a) and 840.116(b) as demonstrated in accordance with Section

840.118; and

The presence

of professional signatures and seals as required by Section

840.140.

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. To the extent that any rules adopted in this Subpart

A are less stringent than or inconsistent with any such laws applicable to the closure

of Ash Pond

D, such laws will prevail.

CH2\7912484.1

Electronic Filing - Received, Clerk's office, September 22, 2009

* * * * * PC #1 * * * * *

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CERTIFICATE OF SERVICE

I, the undersigned, certify that on this 22

nd

day of September, 2009, I have served

electronically the attached,

JOINT STATEMENT IN SUPPORT OF PROPOSED

REVISIONS, upon the following persons:

John

T. Therriault, Assistant Clerk

Illinois

Pollution Control Board

James

R. Thompson Center

Suite

11-500

100

West Randolph

Chicago, Illinois

60601

and by first class mail, postage affixed upon persons included on the ATTACHED SERVICE

LIST.

Joshua R. More

Kathleen

C. Bassi

Amy Antoniolli

SCHIFF HARDIN

LLP

233 South Wacker Drive, Suite 6600

Chicago, Illinois 60606

312-258-5500

Fax: 312-258-5600

Joshua

R. More

---

Tim Fox, Hearing Officer

Illinois Pollution Control Board

James

R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

foxt@ipcb.state.il.us

Virginia Yang

Department

of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

ral

Virgini a. yang@illinois.gov

Tracy Barkley

Prairie Rivers Network

1902 Fox Drive, Suite G

Champaign, Illinois 61820

SERVICE LIST

(R09-21)

John J. Kim, General Counsel

Kyle Nash Davis

Mark Wight

Division

of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

john.

j

.kim@illinois.gov

Matthew

J. Dunn, Chief

Office of the Attorney General

Environmental Bureau, North

69 West Washington Street, Suite

1800

Chicago, Illinois 60602