ML19331B273

Supplemental Responses to Intervenors' Interrogatory 8 & NRC Interrogatory 1(K).Discusses Status of Electricity & Steam Generation Facilities.Mi Air Pollution Control Commission 770629 Order & Certificate of Svc Encl

ML19331B273
Person / Time
Site:	Midland
Issue date:	07/29/1977
From:	Pribila L DOW CHEMICAL CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007280871
Download: ML19331B273 (17)

Text

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s-otI s h 5 CC:trc,,g,;DQ,n ,pb f UNITED STATES OF AMERICA { - 1 NUCLEAR REGULATORY COMMISSION ke9db //

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'Before'the' Atomic Safety and Licensing Board f si .

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In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329

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50-330 (Midland Plant, Units 1 and 2 )

SUPPLEMENTAL RESPONSES TO INTERROGATORIES The Dow Chemical Company ("Dow") submits the following supple-mental answers to Interrogatory 8 of Intervenors other than Ocw and Interrogatory 1(k) of the NRC Staff. Since these Interrogatories request' similar information, the answer:: to both have been combined in the statement set forth below.

8. State in detail the present status of your current facili-ties for generating electricity or steam in light of each of the follow-ing:

(a) regulation, discussion, citation, d'mands e or requests by or from the United States Environmental Protection Agency regarding State or Federal air pollution requirements in Midland, Michigan.

(b) regulation, discussion, citation, demands or requests by or from the Michigan Air Pollution Authority regarding State or Federal air pollution requirements in Midland, Michigan.

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., 2 Include within your answer to this interrogatory, separately for Federal and State regulatory authorities, whether you presently believe that each or both of them would permit you to operate your present generation facilities past 1980 and if so, under what circumstances, explaining in detail any costs or capital changes in connection with such circumstances.

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1. With reference to Dow's " Presentation to Michigan Air Pollution Centrol Commissiori" of January.18,1977:

k. Please relate the substance of any n.aetings with the MAPCC and/or its Staff and/or the Environmental Protection. Agency occurring after January 21, 1977 to the NRC Staff on a continuing basis.

. Answer Dow and the Michigan Air Pollution Control Commission (MAPCC) have concluded negotiations on an agreement concerni.ng the operation of Dow's existing power plants. A copy of the executed Stipulation for Entry of Consent Order and the Final Order entered in conjunction there-with is attached hereto as Exhibit A.

s Also attached hereto as Exhibit B is a copy of a letter dated July 21, 1977 from Mr. Lee Jager, Chief of the Air Quality Division of Michigan's Department of Natural Resources, to Mr. George R. Alexander, Jr.

of the United States Environmental Protection Agency transmitting a copy of said Stipulation and Final Order to that Agency for it; approval.

', fY .AJ L. W. Pribila , Attorney The Dow Chemical Company Legal Department

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3 L. W. Pribila, being duly sworn, deposes and says that the foregoing Supplemental Responses to Interr.ogatories are true to the best of his knowle.dge and belief.

AL L. W. Pribila , Attorney i The Dow Chemical Ccmpany Legal Department STATE OF MICHIGAtt ) ,

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COUNTYOFMIDLAND)

Subscribed and sworn to before me, a Notary Public, this 29th day of July, 1977.

- l~r Cdmrie K. Miller Wu /

Midland County, Michigan My Commission Expires: 9/17/77 9

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aggrgo cgr J.Cr.0::C';: EXHIBIT A STATE OF MICHIGAN I rd.TURAL RESouaCES Comu6Samme CAAL T. JCHNSCM E. M. LAaTALA DEAN PROCEC4 8

WILUAM G. MILUKEN, Govemor 7.EC EI VC a

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MAAmy H. wHetELEY DEPARTMENT OF NATURAL RESOURCES STEVENS 7. MASCN BUILCING. BOX 30028. LANSING. MFCMiGAN 48909

.acAN L. *0LFE NOWARD A. TANNER. Oirector CHAALES G. YouMGLovt July 21,197'/

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Mr. Hunter W. Henry, Jr.

General Manager y g% g~ r ,/ @

Michigan Division The Ocw Chemical Company 47 Building q,d/ /

Midland, flichigan 48640

Dear Mr. Henry:

Enclosed is your signed copy of " Stipulation for Entry of Consent Order

' and Final Order, APC No. 10-1977" concerning the abatement of particulate and sulfur dioxide emissions from the Dow Chemical Ccmpany's power plants located in Midland, Michigan.

• Also enclosed, is a carbon copy of the transmittal letter forwarding the subject compliance schedule to the U.S. Environmental Protection Agency for their approval.

Very truly yours, AIR POLLUTION CCriTROL CONUSSI0ft nu Lee E. Jager7/ew ExecutiveJecre/ tary LEJ:mah -

Enclosures (2)

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Mf STATE CF MICHIGAtl DEPARTitEllT OF !!ATURAL RESOURCES AIR POLLUTION CONTROL C0";1ISSIO?1

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against THE 00W CHEMICAL COMPAllY, a Delaware )

corporation, concerning particulate matter )

and sulfur dioxide emissions from fossil ) APC flo. 10-1977 ~

fuel burning operations at the iitchigan )

Division in the City of flidland, County of )

!!idland, State of flichigan. 2 STIPULATIO;l FOR EilTRY OF CONSENT ORDER AND FIflAL ORDER This proceeding arises out of Final Order 12-73-05, an Order for Rehearing dated January 21, 1976 of the !!ichigan Air Pollution Control

, Commission [ hereinafter referred to as the " Commission"] and a proposa' from The Dow Chemical Company [ hereinafter referred to as "Dow"] for the continued operation of its South Side and West Side Power Plants at Dow's manufacturing location in !!idland, Ilichigan, after July 1,1980.

One of the provisions of the existing Consent Order, flo. 12-73-05, is that the Company shall purchase its steam and power requirements after July 1,1180 or make other operating modifications, as appropriate, to be 3 ,

approved in advance by the Connission, to insure complete compliance with all applicable State particulate and sulfur dioxide emission limitations.

Because it is now apparent that Dow will not be able to purchase its steam by this date, Dow has proposed to comply with all applicable State emission limitations and regulations by eliminating coal as a fuel in its Power Plants.

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APC !!o.10-1977 Page 2 This Consent Order has been developed in order to incorporate provisions caused by the proposed complete conversion from coal to oil as a fuel. This Consent Order has also been developed because particulate matter and sulfur dioxide emissions from the Pouer Plants, if not abated, uould be in excess cf i allowable limits according to the provisions of Michigan R 336.41, P 336.44

• and R 336.49, Administrative Code,1973 AACS.

Dow and the staff of the Air Quality Division, Departnant of flatural Resources [ hereinafter referred to as the " Staff"] with the approval of the Commission, agree to the termination of this proceeding by entry of a final order of consent in accord with the stipulation recited below.

Dow and Staff hereby and herewith stipulate and agree as follows:

1. Dow acknowledges proper service of a notice of hearing and propose.d order and expressly waives filing of an answer. Dow agrees to the tcmination of this matter by the entry of a final consent order incorporating the terms of this Stipulation in the form attached to this Stipulation.

2. Dow acknowledges that it is presently the source of the enissions

! which results in all significant ambient air concentrations of sulfur dioxide in and around !!idland, !!ichigan. ( .

I 3. Cow has demonstrated to the satisfaction of the Commission that all constant emission reduction technology reasonably available to Cow and economically feasible to install between now and July 1,1980 has been applied and such constant emission reduction technology is ir. sufficient to attain the Federal primary and secondary ambient air quality standards. Follcwing .luly 1, 1980, the only constant emission reduction technology reasonably available to

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APC flo. 10-1977 Page 3 Co.r and economically feasible to install is fuel conversion. However, Dow has damonstrated the tachnical and operational feasiblity of its version of a Supple-mentary Control System to achieve the Federal prinary and secondary anbient air quality standards. .

4 Dew and the staff agree that the signing of this Stipulation is for*

settlement purposes only and does'not constitute an admission by Dow that the law has been violated. However, both Staff and Dow do expressly agree that the particulate and sulfur dioxide emissions from Dow's South and Hast Side Power Plants in Midland, itichigan, should be abated; and, therefore, both Staff and Dow herewith and hereby stipulate and agree to the following tice schedule and program for further affirmative action:

(a) C0;lTROL PROGRA1:

(i) By July 1,1980, Dow shall utilize fuel which when burned will result in compliance with the State emission standards, R 336.41, R 336.44 and R 336.49, unless otherwise pennitted by the Ccemission.

(ii) In order to caet the July 1,1980 date above, Dow shall meet the increments of progress noted in Attachment A. Ceviation from Attachment A shall be permitted only to the e'xtent that it does not interfere with meeting the July 1,1980 date and if Dow notifies the Staff in writing prior to such deviations.

(b) SUPPLE!!EiiTARY C0!! TROL SYSTE1: Supplementary Control Systems (SCS) are systems which limit the rate of pollutant emissions during periods when meteorological conditions conducive to ground level concentrations in excess of Federal ambient air quality standards are anticipated. In order to maintain ambient air quality, Dow and Staff hereby and herauf th l

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APC flo. 10-1977 Page 4 agree to be bound by the following operational details of a Supplementary Control System (SCS):

(i) On and after the effective date of this Order, Dew shall maintain the operation of eight (8) continuous sulfur . dioxide f

monitors of a type and at locations approved by the Staff. The operation of these monitors shall continue until the Power Plants are in compliance with all applicable State sulfur dioxide emission limits and Dow has demonstrated to the satisfaction of the Commission that the potential for violations of the Federal ambient air quality standards has been eliminated.

(ii) On and after the effective date of this Order, Dow shall submit to Staff the informaticn referred to in Attachment S.

Attachment B may only be changed upon mutual agreement of Staff and Dou or upon order of the Commission. ; All monitoring, meteorological

! and boiler operating data mentioned in Attachment B shall continue to be submitted until the Power Plants are in compliance with all applicable State sulfur dioxide' emission limits and Dow has deacastrated to the satisfaction of the'Comnission that the potential for violations of the Federal ambient air quality standards have haen elin#nated.

Dou retains full responsibility.for the operation of its Pcwer Plants.

The information released to the Staff according to Attachment S shall be used by the Staff to evaluate Dow's operation of the SCS.

(iii) After the effective date of this Order and until the program mentioned (n paragraph 4(a), above, becomes fully ope' rational, Dou shall prevent ambient sulfur dioxide concentrations in and around Midland, !!ichigan, frca aver exceeding a running 24-hour average of

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APC ilo. 10-1977 '

Page 5 0.14 ppa, an annual arithnetic mean of 0.03 ppm, or a running,3-hour average of 0.50 ppm. Dow shall utilize low sulfur fuel, load reduction, plant shutdown, or other neans to =aintain this air quality. Each excursion above the specified linit at the same monitor or at different j monitors shall constitute a separate violation of this Order. Both' Staff and Dou acknowledge that the requirements set forth in this paragraph are more stringent than would be required to satisfy the Federal ambient air quality standards. .

(iv) Dow shall retain the services of a consultant (s) for air quality modeling and meteorological forecasting purposes (or otherwise provide such services) approved by the Chief, Air Quality Division.

Any change in any consultant requires written authorization by the Chief, Air Quality Division, following a demonstration by Dow that tha necessary services can be satisfactorily performed by another party.

(v) Dow shall provide the consultant (s) mentioned in paragraph 4(b)(iv), above, with a separate series of control strategies for each of'the !!ast Side and South Side Power Plants. Those strategies shall be based upon the combinations of boilers which may be available for operations at any time in the future. Each strategy shall itenize consecutive steps that specify changing modes of boiler operations such that the power plant's sulfur dioxide caissions can be incrementally reduced. The consultant (s) shall regularly reconnend to Dow a strategy ,

sten which the consultant (s) has determined will assure at all tines themaintenanceofairqualityasdescribedinparagraph4(b)(iii),

above.

APC Ho.10-1977 Page 6 (vi) After the effective date of this Order, and until the air pollution control program mentioned in paragraph 4(a), above, becomes fully oparational, Dow shall operate its boilers in accordance with a strategy step which will result in sulfur di' oxide ground level con-centrations at least as ' low as the ground level concentrations would be if the strategy step 'specified by the consultant mentioned in paragraph 4(b)(v), above, were*followed.

(c)P.EPORTING: Annually frem the date of final adoption of $his Consent

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Order, Dou shall submit to Staff (and upon request to the Cannission) a re: ort of its progress towards complying with the provisions of this Control Program and Supplementary Control System (including Attachments A and B). Any significant developments which would preclude canpliance by Dow with any provision of this Consent Order shall be immediately trans-mitted in writing to the Staff and the Cc=nission.

5. Dow and the Staff agree that this Stipulation and Final Order, upon approval by the Comnission, rescinds an agreement between the parties dated l'ay 17,1974, Final Order No. 12-73-05.

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6 Staff and Dow both acknowledge that a public hearing on this abate-cant program Tras held on May 11, 1977. Both Staff and Dow hereby consent to enforcement of this stipulation and Final Order in the same manner and by the same procedures for all final orders entered pursuant to Section 16 of Act 257 of the Public Acts of 1972, being Section 336.26 of the Michigan a

APO !!o.10-1977 -

Page 7 Cor. piled Latts, including but not limited to, enforcr.ent by legal action brought under 1972 PA 257 and/or 1970 PA 127.

Approved as to Fom and Content: ,

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Air Quality Division Assistant Attorney General DEPART!!EtiT OF MTU?.Al. RESOURCES DEPART!!EiiT OF iTTORiiEY GE!!EML s Dated: _ /4[, f/ /f 7 7 Dated: ) / 8, /97J

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• Page 8 FIllAL ORDER This Comaission having had opportunity to review the abov5-stated Stipulation for Entry of Consent Order, and having approved the terms thereo ,

and this Cocaission having authorized the Executive Secretary of the Air Pollution Control Cocaission as agent of the Cocaission to enter into Consent Orders, IT IS ORDERED that the Stipulation for Entry of Consent Order is approved and shall ba entered in the record of this Cc=nission as stated herein.

AIR POLLUTIOil CONTROL CO.'R1ISSIOil

'h wie Lee E. Jageg// /

Executive Secretary Dated: %df J/ /97 7 0 /,.

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m ATTACHMENT B

1) .EVERY EIGHT (8) HOURS: '

(i) Twenty-four (24'). hour meteorological forecasts that the consultant (s)~use in the disper:fon model(s), including wind

~ direction, wind speed, stability and mixing heights.

(ii)' Recommendod control strategy steps for subseq'uent 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. 1

• (iii) Predicted 3-hour and 24-hour running' averages of sulfur dioxide concentrations for-each of the subsequent 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> at each monitoring station and the maximum predicted 3-hour and 24-hour runnfrg averages of sulfur dioxide concentra-tions and their location. It .is understood that the pre- '

dictions 'for the maximum concentrations shall also be for each of the subsequent 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />.

2) DAILY:

(i)- Summary of sulfur dioxide air quality data for. previous r y, including hourly ' averages and running 24-hour averages.

(ii) Boiler operation summary specifying actual operation. When strategy step calls for reduced operation from any boiler, the boiler operation summary shall include the boiler load reported as a percentage of full or nominal lead. -

(iii) Measured meteorological data, including wind speed, wind direction (including deviation), temperature, dew point temperature, and low level (10-91 meters) lapse rate as observed in Midland. Such data shall be submitted in an hourly format for the preceding 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and shall include 10, 60 and 90 meter observations.

3) MONTHLY:

(i)

Sulfur dioxide air quality data from all stations in SAR0AD format.

4) AS REQUESTED:

(i) All amendments to control strategies, including supple-mentary steps not normally defined by the consultant (s) and amended meteorological forecasts, appropriate steps as they occur, and other information requested by staff relating to the operation of the SCS.

(ii) A report of all occurrences when the actual boiler operation did not follow the recommended strategy, including a demon-stration as to whether or not the actual operation was ,

equivalent to the recommended strategy with respect to its air quality impact.

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EXHIBIT B

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July 21,1977 . _'

iir. George R. Alexander, Jr.

Regional Administrator U.S. Environmental Protection Agency 230 Scuth Cearborn Street Chicago, Illinois 60504

Dear !r. Alexander:

The purpose of this letter is to transmit to EPA a complianca schedule which lias recently been finalized between The Cow Chemical

,. Ccapany and the Michigan Air Pollution Control Comission.

Stipulation for Entry of Consent Order and final Order, AFC Mo. 10-1977,-

is enclosed. We look fonvard to approval by the EPA of this ccepliance schedule and would be pleased to meet with your staff members to discuss it in more detail if such a conference would assist in your review.

Very truly yours, 0

M Y  ? E' % .r-Lee E. Jager, Chief Air Quality Division LEJ:cah Enclosure cc: Huntar W. Henry, Jr.

The Dow Chemical Company I I./

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%TED conpCPONDC CE

/i f-gar UNITED STATES OF AMERICA 7] AUG 21977 > h NUCLEAR REGULATORY COMMISSION q,

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c CONSUMERS POWER COMPANY Docket Nos. 50-329 (Midland Plant, Units 1 and 2 )

-) 50-330 CERTIFICATE OF SERVICE I hereby certify that copies of the attached " Supplemental Responses to Interrogatories" dated July 29, 1977, were served upon the individuals whose names appear on the attached Service List by ,

deposkt in the United States mail, postage prepaid and properly addressed, on the 29th day of July,1977.

. ~ :n W M jw COTmie K. Miller ./

The Dow Chemical Company Legal Department 47 Building Midland, MI 48640 t

July 29, 1977

Attachment:

Service List

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Frederic J. Coufal, Esq., Chairman R. Rex Renfrow, III, Esq.

Atomic Safety and Licensing Board . David J. Rosso, Esq.

U.S. Nuclear Regulatory Cornission Isham, Lincoln & Beale Washingt:n, D.C. 20555 One First flational Plaza Suite 4200- -!

Dr. J. Venn Leeds,-Jr. . Chicago, It Atomic Safety and Licensing Board 10807 Atwell Atomic Safety and Licensing Board Houston, Texas 77096 Panel U.S. iluclear Regulatory Commission Dr. Emmeth A. Luebke Washington,~D.C., 20s55 Atomic Safety and Licensing Board U.S. fluclear Regulatory Commission /4tomic Safety and Licensing Appeal Washington, D.C. 20555  : Panel Myron M. Cherry, Esq.

l U.S. Nuclear Regulatory Commission Washington, D.C. 20555 1 IBM Plaza Chicago, IL 60611 Docketing and Service Section Office of the Secretary Judd L. Bacon, Esq. U.S. fluclear Regulatory Commission Consumers Pcwer Company Washington, D.C. 20555 212 West Michigan Avenue Jackson, MI 49201 Ms. Mary Sinclair 5711 Summerset Street Midland, MI 48640 '

. Harold F. Reis, Esq.

Robert Lowenstein, Esq.

Lowenstein, flewman, Reis &

Axelrad 1025 Connecticut Avenue Washington, D.C. 20036 Mr. Stese Gadler 2120 Carter Avenue St. Paul, Minnesota 55108 Norton Hatlie, Esq.

Attorney-at-Law P.O. Box 103 s flavarre, Minnesota 55392 m t.

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