L-08-205, Revision of the National Pollutant Discharge Elimination System Permit

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Revision of the National Pollutant Discharge Elimination System Permit
ML081630204
Person / Time
Site: Perry FirstEnergy icon.png
Issue date: 06/05/2008
From: Bezilla M
FirstEnergy Nuclear Operating Co
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
L-08-205
Download: ML081630204 (5)


Text

FENOC _10 Perry Nuclear Power Station Center Road FirstEnergyNuclear Operating Company Perry, Ohio 44081 Mark B. Bezilla 440-280-5382 Vice President Fax: 440-280-8029 June 5, 2008 L-08-205 ATTN: Document Control Desk U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

SUBJECT:

Perry Nuclear Power Plant Docket No. 50-440, NPF-58 Revision of the National Pollutant Discharge Elimination System Permit Enclosed is a copy of the Ohio Environmental Protection Agency Director's Final Findings and Orders. The order modifies the Perry National Pollution Discharge Elimination System permit and approves the use of a cooling water treatment additive, Nalco H150M in the cooling water system and intake that discharges to FirstEnergy -

Perry outfall 31EO0016004 to control zebra mussels. The order was effective May 6, 2008.

The enclosed information is submitted as required by the Perry Operating License, NPF-58, Appendix B,-Environmental Protection Plan, Section 3.2.

There are no regulatory commitments contained in this letter. If there are any questions, or if additional information is required, please contact Ms. Elizabeth Ryan, Chemistry Specialist, at (440) 280-5536.

Sinceree Mark B. Bezilla f ,

Enclosure:

Ohio EPA Director's Final Findings and Orders cc: RC. Region I11l NRC Resident Inspector NRC froject Manager : . .

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Enclosure L-08-205 Ohio EPA Director's Final Findings and Orders

State of Ohio Environmental Protection Agency STREET AflDRESS: MAILING ADDRESS:

STREET ADDRESSý Lazarus Government Center TELE: (614) 644-3020 FAX: (614) 644-3184 P.O. Box 1049 www.epa.slate.ohus 50 W. Town St., Suite 700 Columbus, OH 43216-1049 Columbus, Ohio 43215 May 6, 2008 'y- 06,P/,

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RE: Director's Final Findings and Orders FirstEnergy Nuclear Generation Corporation OEPA Permit No. 31B00016 Mark Bezilla FirstEnergy Nuclear Generation Corporation Perry Nuclear Power Station 10 Center Road Perry, OH 44081 Transmitted herewith is one copy of the Director's Final Findings and Orders in the referenced matter.

You are hereby notified that this action of the Director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after notice of the Director's action. The appeal must be accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice of the filing of the appeal shall be filed with the Director within three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal be served upon the Ohio Attorney General's Office, Environmental Enforcement Section. An appeal may be filed with'the Environmental Review Appeals Commission at the following address:.

Environmental Review Appeals Commission 309 South Fourth Street, Room 222 Columbus, Ohio 43215 Patti L. Smith, Supervisor Permit Processing Unit Division of Surface Water PLS/EN Certified Mail cc: Marie Underwood Eric Nygaard Journal Room Permit File 31B00016 Ted Strickland, Governor Lee Fisher, Lieutenant Governor Chris Korleski, Director Printed on Recycled Paper Ohio EPA is an Equal Opportunity Employer

Date Issued: May 6, 2008 - *n,1 Date Effective: May 6, 2008 BEFORE THE OHIO ENVIRONMENTAL PROTECTION AGENCY In the matter of: FirstEnergy Nuclear Generation Corp.: Director's Final Findings Cooling Water Additive Request

FINDINGS-~-

1. FirstEnergy Nuclear Generation Corporation, owns and operates an electric power generating station, hereinafter referred to as FirstEnergy - Perry, located at 10 Center Road, Perry, Ohio.
2. FirstEnergy - Perry currently holds an NPDES permit (No. 31B00016, OH0053461) for the discharge of wastewater to Lake Ede.
3. Part II, Other Requirements, C. of the aforementioned NPDES permit requires that, "In the event that the permittee's operation shall require the use of a cooling water treatment additive, written permission must be obtained from the Ohio Environmental Protection Agency. The permittee shall demonstrate that the use of the additive in the concentrations expected will not be harmful or inimical to aquatic life as determined by acute static bioassays."
4. On April 24, 2008, FirstEnergy - Perry applied to the Ohio EPA to receive written permission for the use of Nalco H1 50M in the cooling water system and intake that discharges to FirstEnergy - Perry outfall 31E00016004 to control zebra mussels.
5. The proposed discharge concentration of Nalco H150M contained in the final effluent entering Lake Ede is less than 0.02 mg/I.
6. The static acute bioassay information contained in FirstEnergy - Perry's April 24, 2008 application adequately demonstrates that the proposed discharge concentration for the Nalco HI50M of less than 0.02 mg/I, respectively should not be harmful or inimical to aquatic life, as determined by the procedures in OAC Rules 3745-1-04(D) and OAC Chapter 3745-2.

I certify this to be a true and accurate copy of the official documents as filed in the records of the Ohio Environmental Protection Agency.

Dat .........

7. The Director has given consideration to, and based his determination on, evidence relating to the technical feasibility and economic reasonableness of complying with these Orders and to evidence relating to conditions calculated to result from compliance with these Orders, and its relation to the benefits to the people of the State to be derived from such compliance in accomplishing the purposes of Chapter 6111 of the Revised Code.

ORDERS

1. The proposed use of the Nalco Hi 50M at FirstEnergy - Perry is approved and is subject to compliance with all applicable laws, rules, regulations, standards, and the conditions contained herein.
2. In order to make an alternative proposal, or if additional cooling water additives are needed, a separate request must be submitted to the Ohio EPA, Division of Surface Water, Permit and Compliance Section, Industrial Permits Unit.
3. The cooling water additive treatment program may only be applied in accordance with the proposal approved by the Director of the Ohio Environmental Protection Agency. There may be no deviation from the approved proposal without the express, written approval of the Agency. Any deviation from the proposal or the above conditions may lead to revocation of these Findings and Orders and/or other sanctions and penalties provided under Ohio law. Approval of this proposal does not constitute an assurance that the cooling water additive treatment program will operate in compliance with all Ohio laws and regulations.

Additionally, the terms and conditions of this approval do not relieve a permitted facility from complying with all monitoring requirements and effluent limitations that have been established in its NPDES permit.

Z'kA Ž.,iMay q4.6 Date 6, 2008 Assistant Director