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
John T. Therriault, Clerk
Illinois
Po lIution Control Board
James R. Thompson Center
Suite
11-500
100
W. Randolph
Chicago, Illinois
60601
Matthew J. Dunn, Chief
Office of the Attorney General
Environmental Bureau, North
69
West Washington St., Suite 1800
Chicago, Illinois 60602
Attached Service List
Virginia
Yang
General Counsel
Illinois Dept.
of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
Tim Fox, Hearing
Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite
11-500
100
W. Randolph
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois
Pollution Control Board the Illinois Environmental Protection Agency's Post-Hearing
Comments, a copy of which is herewith served upon you.
TAL
PROTECTION AGENCY
By:
~~~~~~LU~~~_
Mark Wight
Assistant Counse
Division
of Legal Counsel
DATE:
October 23, 2009
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing - Received, Clerk's Office, October 23, 2009
* * * * * * PC #2 * * * * *
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)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY'S POST-HEARING COMMENTS
The Illinois Environmental Protection Agency ("Agency") respectfully submits its post-
hearing comments in the above-titled matter to the Illinois Pollution Control Board ("Board")
pursuant to 35
l11. Adm. Code J 02.1 08(b) and the direction of the Hearing Officer in the order
issued on October 9, 2009.
I.
OVERVIEW
On May 19, 2009, the Ameren Energy Generating Company ("Ameren") filed its Petition
with the Board seeking amendment
of the Board's waste rules by adding a new Part 840 for the
site-specific closure
of certain surface impoundments for coal combustion waste ("CCW"). In
particular, Ameren proposed 35
111. Adm. Code 840.Subpart A to govern the closure of the
unlined ash impoundment designated as
"Pond D" at Ameren' s Hutsonville Power Station in
Crawford County.
Ameren's proposal included requirements for a final cover system for the
impoundment, a groundwater monitoring system and program, and a groundwater collection
trench to address off-site impacts.
On August 18, 2009, the Agency filed proposed revisions to
Ameren's proposal that expanded upon several
of Ameren's proposed requirements, revised off-
site groundwater corrective action objectives and compliance points, and added requirements and
procedures for direct Agency oversight throughout the closure process.
1
Electronic Filing - Received, Clerk's Office, October 23, 2009
* * * * * * PC #2 * * * * *
Shortly after the filing of the Agency's proposed amendments, Ameren initiated contact
to explore the resolution
of outstanding differences. Following several discussions over a period
of approximately four weeks, Ameren and the Agency were able to reach agreement on revisions
to the Agency's proposed amendments to Ameren's original proposal. The jointly proposed
revisions were filed with the Board on September 22,2009.
On September 29, 2009, the Board
held a hearing on the matter in Robinson, Crawford County, Illinois attended by Ameren, the
Agency and other interested parties including the Prairie Rivers Network. Approximately
100
pages of testimony were gathered, and eight exhibits were admitted to the record. During the
course
of questioning, the Agency was asked, along with Ameren, to address three drafting
issues. The Agency's post-hearing comments consist
of its responses to those requests.
II.
AGENCY'S
COMMENTS
1.
On pages 106 and 107 of the transcript, Mr. Rao noted that the joint proposal overlooks
the inclusion
of the groundwater monitoring system maintenance plan required by Section
840.1 12(d) in the closure plan requirements of Section 840.130. The Agency agrees this
correction is needed and proposes the following amendment to
Section 840.130(f):
f)
Plans, specifications and drawings for DeserifJtisH sf the groundwater
monitoring system required by
Section 840.112-l-W of this Subpart,
including, but not limited to, a description of the maintenance plan
reguired
by Section 840.112(d).
2.
On pages 107 and 108 of the transcript, Mr. Rao noted that Sections 840.120 and 840.122
consist
of large paragraphs that could be read and referenced more easily if they were reorganized
into subsections. Ameren and the Agency have consulted and agreed to propose the following
reorganized sections
in replacement of the same sections in the joint proposal currently before the
2
Electronic Filing - Received, Clerk's Office, October 23, 2009
* * * * * * PC #2 * * * * *
Board:
Section
840.120
Groundwater Collection Trench
a)
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.
b)
Plans for the groundwater collection trench including, hut not limited to, a plan
for operation and maintenance, must be approved by the Agency in the closure
plan.
c)
The groundwater collection trench must be constructed according to a
construction quality assurance program that meets the requirements
of Section
840.146 ofthis Subpart.
d)
Once compliance with the groundwater quality standards as set forth in Section
840.116 has been achieved in accordance with Section 840.118(a). the owner or
. operator of Ash Pond D may discontinue operation ofthe groundwater collection
trench.
])
2)
Section 840.122
Upon
discontinuing operation ofthe 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.
Groundwater Discharge System
a)
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.
b)
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.
3
c)
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.
III.
CONCLUSION
Based on its evaluation of the information provided in Ameren's Technical Support
Document and related discussions, the Agency believes the proposal provides a technical and
legal framework for addressing the closure
of the Hutsonville facility's Ash Pond D and
associated groundwater contamination. The coal combustion waste will
be capped by a final
cover system consistent with landfill design and construction standards. Groundwater
contamination will be mitigated using the collection trench to intercept and capture additional
contamination migrating off-site to the south and to pull back contamination already off-site.
These components will combine to effectively remediate the upper zone
of the underlying aquifer
and remove future contaminant recharge from the lower zone
of the aquifer thereby restoring off-
site groundwater for existing and future beneficial uses without negatively impacting surface
water. The Agency urges the Board to adopt the proposal for First Notice.
Date:
October 23, 2009
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
~;f;{"--,--,,,ad:~uj..:..L...<..'.i4-='
Id::,-,,--==-
Mark Wight
'-L.tf
Assistant Counsel U
4
STATE OF ILLINOIS
)
)
COUNTY OF SANGAMON
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Illinois
Environmental Protection Agency's
Post-Hearing Comments upon the persons to whom
they are directed,
by procedures specified by the Illinois Pollution Control Board or by
placing copies in envelopes addressed to:
John
T. Therriault, Clerk
Illinois
Pollution Control Board
James R. Thompson Center
Suite 11-500
100
W. Randolph
Chicago, Illinois
60601
(Electronic Filing)
Matthew J. Dunn,
Chief
Office of the Attorney General
Environmental Bureau, North
69 West Washington
St., Suite 1800
Chicago, Illinois 60602
(First Class Mail)
(Attached
Service List - First Class Mail)
Virginia Yang
General Counsel
Illinois Dept.
of Natural Resources
One Natural Resources Way
Springfield, Illinois
62702-1271
(First Class Mail)
Tim Fox, Hearing Officer
Illinois Pollution Control Board
JarnesR. Thompson Center
Suite 11-500
100 W. Randolph
Chicago, Illinois
60601
(First Class Mail)
and sending
or mailing them, as applicable, from Springfield, Illinois on October 23,
2009, rnd w;th
,"ffi,;~,
P""g' oil"od
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SUBSCRIBED AND SWORN TO BEFORE ME
I'd.
This
~
day of
,2009.
OFFICiAl SEAL
~WN
A. HOLLl8
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STATE
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