Text

NPDES Final Amended Permit #3-1199
	ML061730280
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	03/30/2006
From:	Kooiker B; State of VT, Dept of Environmental Protection
To:	Dewald L; Entergy Nuclear Vermont Yankee, Office of Nuclear Reactor Regulation
References
	Download: ML061730280 (54)
	v • d • e

State of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fxsh " W',dlife Department of Forests, Parks, and Recreation Wastewater Management Division Department of Environmental Conservation 103 South Main Street - Sewing Bldg.

Waterbury, Vermont 05671-0405 state Geologist RELAY SERVICES FOR THE HEARING IMPARRED 1-800-253-0191 TVO>Voice Received Telephone: (802) 241-3822 MAR 3 1 006 Fax: (802) 241-2596 Svww.arr.sae.vt.us/dec/ww/wwmd.cfm March 30, 2006 Ms Lynn DeWald Entergy Nuclear Vermont Yankee, LLC 320 Governor Hunt Road Vernon, VT 05354 Re: Final Amended Discharge Permit #3-1199

Dear Ms DeWald:

Enclosed is your copy of the above referenced permit, which has been signed by the Director of the Wastewater Management Division for the Commissioner of the Department of Environmental Conservation. Please read the permit carefully and familiarize yourself with all its terms ahd conditions. Your attention is particularly directed to those conditions which may require written responses by certain dates.

One change has been made to the final permit. In response to comments received during the public notice period, a.

850 F upper temperature limit at downstream Station 3 during the period of June 16 through October 14 has been included. The condition requires that Entergy redace the thermal output of the discharge to the extent that the average

hourly temperature at Station 3 does not exceed 850 F.

As you are aware, Part IV -. EnvironmentalMonitoringStudies, Connecticut River of Entergy's NPDES Discharge Permit includes a section on the role of the Environmental Advisory Committee (EAC) in defining objective specific investigations for Entergy to complete. Conceptuilly ajuvenile shad outmigration study has been discussed and agreed to during the.application review period (sce 7/9/04 Ken Cox memorandum, 8/16/04 Entergy letter, and 9/10/04 Versar review). Ini addition, US Fish and Wildlife Service and New Hampshire Fish and Game Department have reiterated the need for such studies via recent correspondence..EAC members will be meeting in the near future to bgin developing this study plan.

If you have any questions concerning your permit, please contact Carol Carpenter at 241-3828.

Sincerely, Brian D. Kooiker, Chief Discharge Permits Section Enclosures cc: EAC members (w/o enclosures)

Regional Offices - Barrc/Essex Jct./RutlandlSpringfield/St. Johnsbury

Permit No. 3-1199 File No. 13-17 NPDES No. VT0000264 Project ID No. NS75-0006 AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION-WASTEWATER MANAGEMENT DIVISION 103 SOUTH MAIN STREET WATERBURY, VERMONT 05671-0405 AMENDEDr) DISCHARGE PERMIT In compliance with the provisions of the Vermont Water Pollution Control Act, as amended, (10 V.S.A.

Chap. 47 §1251 et. seq;) and the Federal Clean Water Act, as amended (33 U.S.C. §1251 et seq),

Entergy Nuclear Vermont Yankee, LLC 320 Governor Hunt Road Vernon; VT 05354 (hereinafter referred to as the "permittee") is authorized, by the Secretary, Agency of Natural Resources, to discharge from a facility located at:

320 Governor Hunt Road Vernon, Vermont to the Connecticut River, Class B at the point of discharge in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, 1I hereof.

This permit shall become effective on the dati of signing This permit and the authorization to discharge shall expire on March 31, 2006.

Signed this 3J) day of I L . - 2006.

Received MAR 31 2006 Jeffrey Wennberg, Commissioner Department of Environmental Conservation By BY Christine Thompson, Director Wastewater Management Division Amended sections (PartL.A.6.c. andPartIV TrendAnalysis) are italicized.

. I' r ,tded Permit No. 3-1 199 Page 2 of 25

(- C Part I A. EFFLUENT LIMITATIONS; MONITORING REQUIREMENTS, AND SPECIAL CONDITIONS I. Thiough March 31, 2006, the permittee is authorized to discharge from outlet serial number SN 001: Circulating water discharge

- main condenser cooling water and service water. Such discharges shall be limited by the permittee as specified below:

EFFLUENT CHARACTERISTIC DISCHARGE LIMITATIONS MONITORING REQUIREMENTS lbs/day Other units Monthly Avg. Daily Max. Monthly Avg. Daily Max. Measurement Frequency Sample Type Flow: Open/Hybrid-Cycle 1543 MGD Daily Calculated Flow Closed Cycle 12.1 MGD Daily Calculated Flow Teiperature. see Part 1.6.a-f, pp.4-5 Free Residual Chlorine (b) 0.2 mgil (c) Grab Total Residual Oxidant (aXb) Monitor Only (c) Grab pH 6.5 to 8.5 Standard Units I x daily Grab (d)

The effluent shall not have concentrations or combinations of contaminants including oil, grease, scum, foam, or floating solids which would cause a violation ofthe water quality standards of the receiving water.

Samples taken in compliance with the monitoring requirements specified above shall be collected at locations which are representative of the effluents discharged.

(a) Where "Total Oxidant" is chlorine, chlorine plus bromine, or bromine.

(b) Oxidant or chlorine injection is limited to discharge during closed cycle only and detectable residuals are not to exceed 2 hour2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months s/day with the exception that the service water system may be treated during open/hybrid cycle provided that treatment does not exceed 2 hour2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months s/day with no detectable oxidant being measured at the discharge structure.

(c) Monitoring is required during the period that oxidant, or chlorine, treatment is occurring. The duration of the treatment shall be reported for each treatment day in the monthly discharge monitoring ieport.

(d) A daily grab represents the minimum monitoring frequency. Continuous pH monitoring is acceptable and if utilized will require reporting daily minimum and maximum values on the monthly monitoring report.

Amended Permit No. 3-1199 Page 3.of25

2. Through March 31, 2006,the permittee is authorized to discharge from outfall serial number S/N 002: Radioactive liquid. Such discharges shall be limited by the permittee as specified below:

EFFLUENT CHARACTERISTIC DISCHARGE L[MITATIONS MONITORING REQUIREMENTS Monthly Avg. Daily Max. Measurement Frequency Sample Type Flow 0.01 MGD (a) Estimate Radioactivity see Part 1.10.a-f., p. 8 (a). see Part 1.10;a-f.

pH 6.5 to 8.5 Standard Units (a) Grab The effluent shall not have concentrations or combinations of contaminants including oil, grease, scum, foam, or floating solids which would cause a violation of the water quality standards of the receiving water.

Samples taken in compliance with the monitoring requirements specified above shall be collected at locations that are representative of the radioactive efflueni discharge.

(a) Shall be monitored daily when the discharge occurs. When it is determined that a discharge of radioactive liquid wastewater is necessary, the permittee shall notify the Wastewater Management Division prior to the discharge or, if necessary, within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months following the discharge.

3. Through March 31, 2006, the pelmittee is authorized to discharge from outfalI serial number S/N 003: Plant Heating Boiler Blowdown. Such discharges shall be limited by the permittee as specified below:

-EFFLUENT CHARACTERISTI7C DISCHARGE LIMITATIONS MONITORING REOUIREMENTS Monthly Avg. Daily Max. Measurement Frequency Sample Type Flow 0.001 MGD (a) Each discharge Estimate BetzDearbom Cortrol 0S7700 (b) No Monitoring Required The effluent shall not have concentrations or combinalions of contaminants including oil, grease, scum, foam, or floating solids which would cause a violation of the water quality standards of the receiving water.

Samples taken in compliance with the monitoring requirtments specified above shall be collected before combining with other waste streams.

(a) Each of the two boilers may be drained of 0.002 IvIGD at the end of the heating season.

(b) See Part 1.15.

Amended Permit No. 3-1199 Page 4 of 25

4. Through March 31, 2006, the peimittee is authorized to discharge from outfall serial number S/N 004: Water treatment carbon filter backwash. Such discharges shall be limited by the permittee as specified below:

E FLUENT CHARACTERISTIC DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Avg. Daily Max. Measurement Frequency Sample Type Flow 0.0 10 MGD. (a) Estimate Total Suspended Solids 8.3 lbs. No Monitoring Required The effluent shall not have concentrations or combinations of contaminants including oil, grease, scum, foam, or floating solids which would cause a violation of the water quality standards of the receiving water.

(a) Shall be monitored daily when the discharge occurs.

5. Through March 31, 2006, the peimittee is authorized to discharge from outfall serial number S/N 005: Cooling water discharge from the four RHR-Service Water pumps.

..The permittee may discharge up to 46,500 gpd. No effluent limits or monitoring is required for this waste stream.

6. The permittee is required to operate its circulating water cooling facilities (S/N 001) whether closed, open, or in a hybrid mode as follows:

a. During the period October 15 through May 15:

i. The temperature at Sation 3 shall not exceed 65°F.

ii.- The rate of change of'temperature at Station 3 shall not exceed 5°F per hour. The rate of change of temperature shall mean the difference between consecutive hourly average temperatures.

iii. The increase in temp*.rature above ambient at Station 3 shall not exceed 13.4 0F.

The increase in tempe*rature 6bove ambient shall mean plant induced temperature increase as shown by equation 1.1 (defined on page 1-8 of Vermont Yankee's 316 Demonstrati0n: Engine;ring. Hydrological and Biological Information and Environmental Impact Assessment (March 1978).

b. During the period May 16 through June 15, the increase in temperature above ambient at Station 3 shall not exceed the limits set forth in the following table:

Station 7 Temperature: Increase in Temperature Above Ambient at Station 3:

Above 637F 2 0F

>59 0F,_630 F 30 F

>55 0 F, _59 0 F 40 F Below 55°F 50 F

Amended Permit No. 3-1199 Page 5 of 25 The increase in temperature above ambient shall mean plant induced temperature increase as shown by equation 1.1 (defined on page 1-8 of Vermont Yankee's 316 Demonstration: Engineering, Hydrological and Biological Information and Environmental Impact Assessment (March 1978).

C. Duringthe periodJune 16 through October14, the Increase in temperature above ambient at Station 3 shall not exceed the limits setforth in the following table:

Station 7 Temperature: Increasein TemperatureAbove Ambient at Station 3:

Above 78OF. 2 0 F.

>630F,'5 <78°F 3OF

>59 F, 5630 F 0 .40F

.559OF 5 0F The increase in temperature above ambient shall mean plant induced temperature increase as shown by equation 1.1 (defined on page 1-8 of Vermont Yankee's 2j..

Demonstration' Engineering, Hydrological and Biological Information and Environmental Imuact Assessment (March 1978).

Notwithstandingthe temperature limits in table 6.c. above, when the average hourly temperature at Station 3 equals or exceeds 85OF,the permittee shall, as soon as possible, reduce the thermal output of the dischargeto the extent that the average hourly temperature at Station 3 does not exceed 850F.

d. Experimental open/hybrid cycle test programs with alternative thermal limits (to 6a.,

6b. and 6c. above) may be administered as approved by the Vermont Yankee Environmental Advisory Committee (defined in Part 1.11.) and which receive written authorization from the Secretary of the Agency of Natural Resources.

e. During power operation, if an unexpected failure results in a complete loss of the cooling tower system, the above restrictionsmay be modified for a period not to exceed 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months to allow an orderly shutdown by utilizing the main condenser as a heat sink and operating in an open-cycle mode. The cooling tower system includes all auxiliary components required for cooling tower operation.

f. Notwithstanding the above, the Secretary may reopen and modify the permit to incorpoiate more stringent effluent limitations for control of the thermal component of Entergy Nuclear Vermont Yankee's discharge, including the requirements of closed-cycle operation, if the Secretary determines that open-cycle operation is having an adverse effect in resident or anadromous fish species in the river. Entergy Nuclear Vermont Yankee will be given notice andopportunity for a hearing prior to the imposition of such more stringent effluent limitations.

Amended Permit No. 3-1199 Page 6 of 25

7. Through March 31, 2006, the perinittee is authorized to discharge from outfall serial numbers SIN 006, 007, 00$, 010, 011: Stormwater runoff; and demineralized trailer rinse down water (S/N 006 only).

006 - North Storm System Discharge Point: to the north of the intake structure.

007 - South Storm System Discharge Point: to the forebay of the discharge structure; includes discharges from S/N 003, S/N 004 and SIN 005.

008 - Southeast Storm System Discharge Point: to the southeast of the east cooling tower.

010 - 345 kV Switchyard Storm System Discharge Point: about 300 yards north of the intake structure.

011 - 115kV SwitchyardStorm System Discharge Point- about 350 yards north of the intake structure.

Effluent limits and monitoring arenot required for the stormwater discharges; however, future storm drain and manhole construction shall'conform to the Agency's policy for.

stormwater treatment.

The permittee is authorized to discharge demineralized trailer rinse down water to the stormdrain system (S/N 006). The permittee may discharge up to 10,000 gpd. No effluent limits or monitoring is required for this waste stream.

8. Through March 31, 2006, the petmittee is authorized to discharge from outfall serial number S/N 009: Strainer and traveling s.,-reen backwash.

EFFLUENT CHARACTERISTIC PISCHiARG JLIITATIONS MONITORING REQUIREMENTS Monthly Avg: Daily Max. Measurement Frequency Sample Type Flow 0.050 MOD (a) Estimate Bulab 8006 (b) No Monitoring Required The'effluent shall not have concentrations or combinations of contaminants including oil, grease, scum, foam, or floating solids which would cause a violation of the water quality standards of the receiving water.

.Samples taken In compliance with the monitoring requirements specified above shall bd collected before combining with other waste streams.

(a) Shall be monitored daily when the discharge occurs.

(b) SeePartl.15.

9. The permittee will conduct an environmental monitoring program to measure and record physical, chemical, and biological data to assure compliance with the requirements of this permit in accord with Part TV of this permit: Environmental Monitoring Studies, Connecticut River. The permittee shall submit an annual report by May 31 of each year to the. Secretary of the Agency of Natural Resources and the Environmental Advisory Committee.

Amended Permit No. 3-1199 Page 7 of 25

10. All radioactive liquid waste collected in the plant will be processed through a treatment system, including filtering and/or de mineralization, and the liquid will be processed and disposed of in accordance with the Nuclear Regulatory Commission Regulations. Low level radioactive wastes may be released to the Connecticut Ri ver after treatment pursuant to Final Safety Analysis Report, Volume 111, Section 9.2: Station Radioactive Liquid Waste System, Vermont Yankee Nuclear Power Station, as-amended subjectto the following restrictions:

a. The maximum instantaneous concentration of radionuclides in liquid effluents released to the unrestricted environment shall not exceed the limits specified in 10 CFR Part 20.1001 - 20.2401, Appendix B, Table 2, including applicable notes thereto.

b. The maximum annual quantity of radionuclides, except tritium, in liquid effluents released to the unrestricted environment shall not exceed five (5) curies.

c. The maximum annual quantity of tritium in liquid effluents released to the unrestricted

.environment shall not exceed five (5) curies.

d. The dose or'dose commitment to a member of the public from radionuclides in liquid effluents released to the unrestricted environment shall be limited to the following:

i. -During any calendar quarter: less than or equal to 1.5 millirems to the total body, and less than or equal to 5 millirems to any organ.

"I. During any calendar year: less than or equal to 3 millirems to the total body, and less than or equal to 10 millirems to any organ.

e. The permittee shall report Io the Agency of Natural Resources any abnormal releases of radioactivity in liquid effluents in a manner and timieframe consistent with Nuclear Regulatory Commission requirements.

f. The permittee shall monitor and report concentrations, quantities, and calculated doses of gamma'radionudides and tritium in*liquid effluents released to the Connecticut River and report such data to the Agency.of Natural Resources. Other radionuclides shall be reported to the Agency of Natural Resources in a manner consistent with the reports submitted to the Nuclear Regulatory Commission.

11. An Environmental Advisory Committee (EAC) is comprised of one individual each representing (1) Vermont Department of Environmental Conservaition; (2) Vermont Department of Fish and Wildlife; (3) New Hampshire Fish and Game Department; (4) New Hampshire Department of Environmental Services; (5) Massachusetts Office of Watershed Management; (6) Massachusetts Division of Fisheries and Wildlife; and, (7) Coordinator of the Connecticut River Anadromous Fish Program, U.S. Fish and Wildlife Service. The EAC shall be advisory in function and Entergy Nuclear Vermont Yankee, LLC shall meet with the EAC as often as necessary, but at least annually, to review and evaluate the aquatic environmental monitoring and studies program. The Entergy Nuclear Vermont Yankee, LLC Chemistry Manager or designee will serve as the administrative coordinator and Secretary for the EAC.

1.2. The temperature probe in the Vernon fishway shall be compatible with the temperature monitoring system utilized at Stations 3 and 7 in the Connecticut River.

Amended Permit No. 3-1199 Page 8 of 25

13. Racks and screens preventing fish and other wildlife from entering the condenser water intake must be operated and maintained in a manner as previously approved by the Vermont Water Resources Board. Solids collected on the traveling screen shall not be returned to the Connecticut River.

14. The permittee is authorized to pump river silt, as necessary, that deposits in the intake structure and cooling tower basins, in the form of a silt~water slurry to be deposited on land on the plant site in the sedimentation aiea. Slurry volumes to be pumped shall not exceed 0.500 MGD or 350 gpm. River sediment/silt will be pumped.from the West Cooling Tower into the existing spray pond where it will be passively filtered to reduce turbidity before the water portion is routed to the discharge structure. The remaining sediment will be removed form the spray pond and disposed of properly in accordance with state and federal statutes' and regulations.

15. The permittee is authorized to us,- either the following chemicals, or chemicals which are similar in composition, concentration, and toxicity, to the maximum concentrations indicated below. An increase in dosage rate or a substantial change in the chemicals identified must be reviewed and approved by the Department to assure that no adverse impact will occur. A substantial change in chemicals shall be defined as chemicals that are not similar in composition, concentration, and toxicity to those identified. A change of chemical vendors will require, as a minimum, a submittal of the appropriate MSDS, prior to use of the chemical, to the Wastewater Management Division of the Department.

Bulab 8006: penetrant/biodispersant for use in minimizing and removing fouling within the Service Water System; maximum concentration 20 ppm.

Bulab 7034 or Depositrol BL5303: general corrosion inhibitors for use in service water or circulating water; maximum concentration 30 ppm.

Bulab 9027 or Inhibitor AZ8103: copper corrosion inhibitors for use in the circulating water for condenser corrosion control. Maximum concentration for Bulab 9027 is 10 ppm.

Maximum concentration for Inihibitor AZ8103 is 50 ppm (used monthl, for a 10 minute period).

Dianodic DN2301: a dispersant for use in the circulating and service water systems; maximum concentration 20 ppm.

Ondeo Nalco H-550 or Spectrus NX-1 104: a biocide for use in service waters as an alternative or in addition to.bromxie/chlorine. The use of these chemicalsmust be controlled such ihat the discharge concentration to the Connecticut River of either chemical is maintained at less than 2.0 ppm.

Cortrol OS7700: an oxygen scavenger and pH control agent containing hydroquinone as-the oxygen scavenger. Use concentration varies from approximately 100 ppm to 2,000 ppm.

Boiler discharges are limited to 15 ppm as hydroquinone.

Ferroquest FQ71 01: a chemical for use in the service water system to correct biological/corrosion fouling with the service water pumps. The maximum concentration is

Amended Permit No. 3-1199 Page 9 of 25 96 ppm for one minute approximately eight times per year.

Ferroquest FQ7102: a pH control agent. Less than two gallons are used to maintain a neutral pH when using FQ 7101. The maximum concentration is 7 ppm for one minute approximately eight times per year.

Oxidizing biocides (chlorine or chlorine with bromine) for ireatment of the Service Water System-(SWS) a.. Open/hybrid cycle, treatment of the SWS shall not exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months per day with no detectable free residual oxidant being measured at ihe discharge structure (S/N 001).

b. Closed cycle, free residual oxidant as measured at the discharge structure (S/N 001) is limited to 0.2 mg/1 and detectable residual oxidant shall not exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months per day.

16. There shall be no discharge of polychlorinated biphenyl compounds, such as those commonly used for transformer fluids.

17. There shall be no discharges of metal cleaning waste including wastewater from chemical cleaning of boiler tubes, air pieheater washwater, and boiler fireside washwater.

B. REAPPLICATION If the permittee desires to continue to discharge after the expiration date of this permit, the permittee shall apply on the application forms then in use at least'180 days before the permit expires.

Reapply for a Discharge Permit by September 30,2005.

C. OPERATING FEES This discharge is subject to operating fees. The permittee shall submit the operating fees in accordance with the procedures provided by the Secretary.

D. MONITORING AND REPORTING

1. Sampling and Analysis The sampling, preservation, handling, and analytical methods used shall conform to regulations published pursuant to Section 304(g) of the Clean Water Act, under which such procedures may be required. Guidelines establishing these test procedures have been published in the Code of Federal Regulations, Title 40, Part 136 (Federal Register, Vol. 56, No. 195,. July 1, 1999 or as amended).

Samples shall be representative of the volume and quality of effluent discharged over the sampling and reporting period. All samples are to be taken during normal operating hours.

The permittee shall identify the effluent sampling location used for each discharge.

Amended Permit No. 3-1199

Page 10 of 25

2. Reporting Thepermittee is required to submit monitoring results as specified on a Discharge Monitoring Report (Form WR-43). Reports are due on the 15. day of each month, beginning with the month following the effective date of this permit.

If, in any reporting period, there has been no discharge, the permittee must submit that information by the report due date.

Signed copies of these, and all other reports required herein, shall be submitted to the Secretary at the following address:

Agency of Natural Resources.

Department of Environmental Conservation Wastewater Management Division 103 South Main Street Waterbury, Vermont 05671-0405 All reports shall be signed:

a. In the case of corporations, by a principal executive officer of at least the level of vice president, or his/her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit form originates;

b. In the case of a partnership, by the general partner;

c. In the case of a sole proprietorship, by the proprietor;

d. In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official,.or other duly authorized employee.

3. Recording of Results The permittee shall maintain records of all information resulting from any monitoring activities required including:

a. The exact place, date, and time of sampling;

b. The dates and times the analyses were performed;

c. The person(s) Who performed the analyses;

d. The analytical techniques aad methods used including sample collection, handling, and preservation techniques;

e. The results of all required analyses;

f. The records of monitoring activities and results, including all instrumentation and calibration and maintenance records;

g. The original calculation and data bench sheets of the operator who performed analysis of the influent or effluent pursuant to requirements of Section L.A of this permit.

U.

Amended Permit No. 3-1199 Page I1 of 25 The results of monitoring requirements shall be reported (in the units specified) on the Vermont reporting form WR-43 or:other forms approved by the Secretary.

4. Additional Monitoring If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report. Such increased frequency shall also be indicated.

PART II A. MANAGEMENT REQUIREMENTS I.- Facility Modification / Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. Such a violation may result in the imposition of civil and/or criminal penalties as provided for in Section 1274 and 1275 of the Vermont Water Pollution Control Act. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new permit application or, if' such changes will not violate the effluent limitations specified in this permit, by noticeo to the permit issuing authority of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited.

2. Noncompliance Notification In the event the permittee is unable to comply with any of the conditions of this permit due among other reasons, to:

a. breakdown or maintenance of waste treatment equipment (biological and physical-chemical systems including, but not limited to, all pipes, transfer pumps; compressors, collection ponds or tanks for the segregation of treated or untreated wastes, ion exchange columns, or carbon absorption units),

b. accidents caused by human error or negligence, or C. other causes such as acts of nature, the permittee shall notify the Secretary within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months of becoming aware of such condition or by the next busincas day and shall provide the Secretary with the following information, in writing, within five (5) days:

1. cause of non-compliance ii. a description of the non-complying dischaige including its impact upon the receiving

Amcnded Permit No. 3-1199 Page 12 of 25:

water, iii. anticipated time the condition of non-compliance is expected to continue or, if such condition has been correctod, the duration of the period of non-compliance; iv. steps taken by the permittee to reduce and eliminate the non-complying discharge; and

v. steps to be faken by the permittee to prevent recurrence of the condition of non-compliance.

3. Operation and Maintenance All waste collection, control, treatment. And disposal facilities shall be operated in a manner consistent with the following:

a. The permittee shall, at all times, maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit; and

b. Thepermittee shall provide an adequate operating staff which is duly qualified to carry out the operation, maintenince, and testing functions required to insure compliance with the conditions of this permit.

4. Quality Control The permittee shall calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at regular intervals to ensure accuracy of measurements or shall ensure that both activities will be conducted.

The permittee shall keep records of these activities and shall provide such i'ecords upon request of the Secretary.

The permittee shall analyze any additional samples as may be required by the Agency of Natural Resources to ensure analytical quality control.

5. Bypass The diversion or bypass of facilities necessary to maintain compliance wIth the terms and conditions of this permit is prohibited, except where authorized under terms and conditions of an emergency pollution permit issued pursuant to 10 V.S.A. Section 1268.

6. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any adverse impact to waters of the State resulting from non-compliance with any condition specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying discharge.

7. Records Retention

Amended Permit No. 3-1199 Page 13 of 25 All records and information resulting from the monitoring activities required by this permit.

including all records of analyses performed, calibration and maintenance of instrumentation, and recordings. from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, and shall be submitted to Department representatives upon request. 'This period shall be -extended during the course of unresolved litigation regarding the discharge of pollutants or When requested by -the Secretary.

8. Solids Management Collected screenings, sludges, and other solids removed from liquid wastes shall be stored, treated and disposed of in accord with the terms and conditions of any certification, interim or final, transitional operation authorization or order issued pursuant to 10 V.S.A., Chapter 159 that is in effect on the effective date of this permit or is issued during the term of this permit.

9. Emergency Pollution Permits Maintenance activities, or emerg,.-ncies resulting from equipment failure or malfunction, includingpower outages, which result in an effluent which exceeds the effluent limitations specified herein, shall be considered a violation of the conditions of this permit, unless the permittee immediately applies for, and obtains, an emergency pollution permit under the provisions of 10 V.S.A., Chapter 47, Section 1268. The permittee shall notify the Department of the emergency situation within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months .

10 V.S.A., Chapter 47, Section 1268 reads as follows:

"When a discharge permit holder finds that pollution abatement facilities require repairs, replacement, or other corrective action in order for them to continue to-meet standards specified in the permit, he may apply in the manner specified by the Secretaiy for an emergency pollution permit for a term sufficient to effect repairs, replacements or other corrective action. The permit may be issued without prior public notice if the nature of the emergency will not provide sufficient time to give notice; provided that the Secretary shall give public notice as soon as possible but in any event no later than five days after the effective date of the emergency pollution permit. No emergency pollution permit shall be issued unless the applicant certifies and the Secretary finds that:

(1) there is no present, reasonable alternative means of disposing of the waste other than by discharging it into the waters of the State during the limited period of time of the emergency; (2) the denial of an emergency pollution permit would work an extreme hardship upon the applicant; (3) the granting of an emergency pollution permit will result in some public benefit; (4) the discharge will not be unreasonably harmful to the quality of the receiving waters; (5) the cause or reason for the emergency is not due to willful or intended acts or omissions

Amended Permit No. 3-1199 Page 14 of 25 of the applicant."

Application shall be made to the Secretary of the Agency of Natural Resources, Department of Environmental Conservation, Wastewater Management Division, 103 South Main Street, Waterbury, Vermont 05671-0405.

10. Power Failure In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either:

a. Provide an alternative power source sufficient to operate the wastewater control facilities; or, if such alternative power source is not in existence,

b. Halt, reduce, orotherwise control production and/or all discharges upon the reduction, loss, or failure of the primary source of power to the wastewater control facilities.

B. RESPONSIBILITIES

1. Right of Entry The permittee shall permit the Secaretary or authorized representative, upon presentation of proper credentials:

a. to enter upon the permittee.'s premises where an effluent source or any records required to be kept under the terms end conditions of this permit are located; and

b. to have access to and copy imy records required to be kept under the terms and conditions of this permit;

c. to inspect any monitoring equipment or method required in this permit; or

d. to sample any discharge of pollutanis.

2. Transfer of Ownership or Control This permit is not transferable without prior written approval of the Secretary. All application and operating fees must be paid in full prior to transfer of this permit. In the event of any change in control or ownership of facilities from which the authorized discharges emanate, the permittec shall provide a copy of this permit to the succeeding owner or controller and shall send. written notification of the change in ownership or control to the Secretary. The permittee shall also inform the prospective owner or operator of their responsibility to make an application for'transfer of this permit. This application must include as a minimum; a written statement from the prospective owner or operator certifying:

a. The conditions of the operation thatcontribute to, or affect, the discharge will not be materially different under the new ownership.

Amended Permit No. 3-1199 Page 15 of 25

b. The prospective owner or operator has read and is familiar with the terms of the permit and agrees to comply with all terms and conditions of the permit.

c. The prospective owner or operator has adequate funding to operate and maintain the treatment system and remain in compliance with the terms and conditions of the permit.

d. The date of the sale or transfer of the business.

The Department may require additional information dependent upon the current status of the facility operation, maintenance, tnd permit compliance.

3. Confidentiality Pursuant to 10 V.S.A. 1259(b):

"Any records, reports or information obtained under this permit program shall be available to the public for inspection and copying. However; upon a showing satisfactory to the secretary that any records, reports or information or part thereof, other than effluent data, would, if made public, divulge methods or processes entitled to protection as trade secrets, the secretary shall treat and protest those records, reports or information as confidential.

Any records, reports or information accorded confidential treatment will be disclosed to authorized representatives of the state and the United States when relevant to any proceedings.under this chapter."

4. Permit Modification After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following:

a. Violation- of any terms or conditions of this permit;

b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or

c. A chafige in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge.

5. Toxic Effluent Standards If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307 (a) ofthe Federal Clean Water Act for a toxic pollutant which is present in the discharge, and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, the secretary shall revise or modify the permit in accordance with the toxic effluent standard or prohibition and so notify the permittee.

-. i

Amended Permit No. 3-1199 Page 16 of 25

6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under 10 V.S.A. Section 1281.

7. Civil and Criminal Liability Except as provided in permit conditions on Bypass (Part II, A. 5.), Power Failure (Part II, A.

10.), and Emergency Pollution Permits (Part H, A. 9.), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Civil penalties as authorized under 10 V.S.A. §1274 and,10 V.S.A. §8010, shall not exceed

$10,000 a day for each day of violation.. Criminal penalties, as authorized under 10 V.S.A.

§1275, shall not exceed $25,000 for each day of violation, imprisonment for up to six months, or both.

8. State Laws Nothing in this permit shall be construed to preclude the inistitution of any legal action or relieve the permittee from any responsibilities, liabilities, or'penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Clean Water Act.

9. Property Rights Issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations.

10. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

11. Authority

This permit is issued under autholity of 10 V.S.A. Section 1259 which states that: "No person shall discharge any waste, substance, or material into waters of the State, nor shall any person discharge any waste, substance, or material into an injection well or discharge into a publicly owned treatment works any waste which interferes with, passes through without treatment, or is otherwise incompatible with those works or would have a substantial

adverse effect on those works :or on water quality, without first obtaining a permit for that discharge from the Secretary", and under the authority of Section 402 of the Clean Water Act, as amended. %

Amended Permit No. 3-1199 Page 17 of 25 PART III A. OTHER REQUIREMENTS This permit shall be modified, suspended or revoked to comply with any applicable'effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or approved:

1. Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or

2. Controls any pollutant not limited in the permit.

The permit as modified or reissued under this paragraph shall also contain any other requirements of the Vermont Water Pollution Control Act then applicable.

B. DEFINITIONS For purposes of this permit, the following definitions shall apply:

The Act - The Vermont Water Pollutio:a Control Act, 10 V.S.A. Chapter 47.

Average - The arithmetic mean of values taken at the frequency required for each parameter over the specific period.

The Clean Water Act - The fedeial Clean Water Act, as amended.

Composite Samnle - A sample consisting of a minimum of one grab sample per hour collected over a normal operating day and combined proportional to flow, or a sample continuously collected proportional to flow over a normal operating day.

Daily Discharge - The discharge of a pollutant measured during a calendar day or any 24 hour2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months period that reasonably represents the calendar day for purposes of sampling.

For pollutants with limitations expressed in pounds, the daily discharge is calculated as the total pounds of pollutants discharged over the day.

For pollutants with limitations expressed in mg/l, the daily discharge is calculated as the average measurement of the pollutant over the day.

Grab Sample - An individual sample collected in a period of less than 15 minutes.

Maximum Day (maximumi daily discharge limitation) - The highest allowable "daily discharge" (mg/l, lbs., or gallons).

Mean - The mean value is the arithmetic mean.

Monthly Average (average monthly disc.harge limitation) - The highest allowable average of daily"

Amended PerMit No. 3-1199 Page 18of25 discharges (mg/l, lbs., or gallons) over a calendar month, calculated as the sum of all daily

.discharges (mg/l, lbs.,or gallons) measured during a calendar month, divided by the number of daily discharges measured during that month.

N'PDES - The National Pollutant Discharge Elimination System.

Secretar- The Secretary of the Agency of Natural Resources Closed-Cycle Operation and Blowdowii - The circulating water system mode in which water is Circulated through the cooling towers to dissipate condenser heat. The only water discharged to the River during closed-cycle operation is the blowdown from the cooling towers except for minor leakage through the intake gates Which is less than 1%of ihe circulating water flow. Blowdown refers to the water continuously removed from the cool side of the cooling tower collection basins to rid cooling towers of dissolved solid;..

Instantaneous Maximum - A value not to be exceeded in any grab sample.

Amended Permit No. 3-1199 Page 19 of 25 PART IV ENVIRONMENTAL MONITORING STUDIES, CONNECTICUT RIVER The environmental monitoring and studies specified in Part .IV are intended to assure that the discharges authorized by this permit do not violate applicable Vermont Water Quality Standards and are not adverse to fish and other wildlife that inhabit the Connecticut River in and around the vicinity of Vernon.

In the event the US Fish. and Wildlife Service determines that the field sampling activities as required in the Larval Fish, Fish, Anadromous Fish, and Fish Impingement sections of this permit may violate the applicable provisions of Endangered Spei-ies Act of 1973 as amended (16 USC 1531-43) the Agency, after consultation with other appropriate governing agencies, may direct the permittee to make changes and/or substitutions in the sampling protocolas required in this permit.

CONNECTICUT RIVER MONITORING River Flow Rate Frequency/Date: Once per hour -All months Location: Vernon Dam River flow dataI shall be tabulated based on data supplied by the Wilder Station.

Temperature Frequency/Date: Once per hour - All months Location: Stations 3 and 7 Water temperature shall be measured to within 0.1 OF.

Frequency/Date: Once per hour - During fishway operation Location: Vernon Fishway Water temperature shall be measured to within 0.1 'F. These data shall be collected only when the fishway is officially operating. Data shall be reported as hourly, daily, monthly means.

Water Quality Parameters Frequency/Date: Once per month - All months Location: Stations 3 and 7, and the Plant discharge Water quality parameters shall be grab samples collected via monitor pumps or directly from the River for the following:

Parameter Station 7 Discharge Station 3 Total Copper, mg/l Total Iron, rag/l Total Zinc, mg/I

i l

Amended Permit No. 3-1199 Page 20 of 25 Monitoring required only if Entergy Nuclear Vermont Yankee is operating during the specified sample period.

Macroinvertebrates Macroinvertebrates shall be collected according to the following schedule:

Frequency/Date: June, August, and October (once each month)

Locations: Stations 2 and 3 Cage samplers shall be deployed in June, August, and October. Multiple samplers (minimum of three) should be set at each deployment. Physical characteristics at deployment sites should be standardized between stations to the greatest extent possible. Final sampling plan to be approved by the DEC.

Larval Fish Larval fish shall be collected when the plant cooling water intake is operating in open/hybrid cycle according to the following schedule and methods:

F.reuency/Date: Weekly - May through July 15 Location: Connecticut River adjacent to the plant intake Collect three plankton net samples on the same day in each week. The net shall be deployed as close as possible to the intake allowing each sample to be representative of the water column, bottom to surface. The volume sampled shall be measured with a flow meter mounted near the net mouth and used to cal:ulate the density of larval fish in each tow. Larval fish shall be identified to the lowest distinguishable taxonomic level and enumerated..

With the written concurrence of the Agency, the sampling method may be modified or replaced.

Fish Fish shall be collected according to the following schedule and methods:

Frequency/Date: Monthly - May, June, September, and October Locations: Connecticut River at Rum Point; Station 5; Station 4; N.H. Setback; 0.1 mile south of the Vernon Dam; Station 3; Stebbin Island; and, Station 2 Fish shall be collected at each location with boat mounted electrofishing gear. All fish caught shall be identified, enumerated to the lowest distinguishable taxonomic level, and measured for length and weight. A representative sample of American Shad and Atlantic Salmon shall be scaled for annuli determination of age. Catch-per-unit-of-effort (CPUE)

Amended Permit No. 3-1199 Page 21 of 25 shall be calculated for each species sampled.

Anadromous Fish Juvenile and adult American shad shall be monitored according to the following schedule:

Frequency/Date: Twice monthly - July through October Locations: Connecticut River 0.1 mile south of Vernon Dam; Station 3; and Stebbin Island Juvenile shad shall be collected at each location with boat mounted electrofishing gear. All captured juvenile'American shad shall be.

identified, enumerated, and measured for length and weight. Catch-per-unit-of-effort shall be calculated.

Frequency/Date: Twice monthly - July through October Location: Connecticut River between Vernon Dam and the confluence of the West River Collect 20.beachh'seine hauls and 12 surface trawl tows (utilizing midwater trawl tow gear) per sampling event. All fish caught shall be identified, enumerated to the lowest distinguishable taxonomic level, and measured

-for length and weight. Catch-per-unit-of-effort shall be calculated for American shad.

Frequency(Date: Weekly - May 15 through June Location: Vernon Fish LUdder Adult American shad shall be sampled in the fish trap and enumerated, measured for legth and weight and evaluated for sex and sexual condition. Scal,, samples shall be taken from each fish and used for annuli determination of age.

All sampling activities at the Vernon Fish Ladder are under the direction of the Vermont Dep"-tm ent of Fish & Wildlife.

Fish Impingement Impingement samples shall be collected when the plant cooling water intake is operating in open/hybrid cycle according to the following schedule and methods:

Frequency/Date: Weekly - April I through June I5; August 1 through October 31 Locations: Circulating water traveling screens Prior to the start of each weekly sample, the three circulating water screens shall be backwashed and the debris removed. Debris shall be examined for American shad and Atlantic salmon. On the following day, the three circulating water screens shall be backwashed and the debris shall be

Amended Permit No. 3-1199 Page 22 of 25 sorted to remove all impinged fish. Fish shall be identified to the lowest distinguishable taxonomic level, enumerated, measured for total length and weighed.

(When air temperatures are at freezing the permittee may be unable to rotate the traveling screens until the air temperature rises above freezing.

In such cases, Ihe scheduled sample may be collected once air temperatures have risen above freezing.)

TrendAnalysis Fish: The annualreport requiredunder Part .A.9. shall include a time series trendanalysis consistent with the non-parametricMann-Kendall test that was used in thepermittee's§316(a) Demonstrationin Suyport ofa Reauest for IncreasedDischargeLimits at Vermont Yankee Nuclear Power Station During MAf through October, datedApril 2004 (NormandeauAssociates). The trend analysisshallstatistically testfor significant (p<0.05) increasingor decreasingtrends in the annual total catchper unit of effort for each of the nine representativeimportantspecies collectedsince 1991 accordingto the schedule and

.methods requiredin the Fish section ofPartIV.

Eachyear'sannual reportshall include a long term trend analysis. Specifically this shall include an analysis of the current andprecedingyears back through 1991.

K Macroinvertebrate : The annualreport reqtiredunder PartI.A.9. shall include a time series trend analysis consistentwith the non-parametricMann-Kendalltest that was used in the permittee's§316(a)

Demonstrationin &uM~ortOf a Request for IncreasedDischargeLimits at Vermont Yankee Nuclear Power Station During May through October, datedApril 2004 (NormandeauAssociates). The trend analysis shallstatisticallytestfor significant (p<0.05) increasingor decreasingtrends in the annual total catchper unit of effort (numbers oforgs/basket/30 days of deployment)for each offive macroinvertebrateabundance measures: total abundance; ephemeroptera;trichoptera;diptera;and crustacea.Analysis shall incorporateall rock basket data collectedat stations2 and3 since 1996 accordingto the schedule andmethods requiredin the Benthic Macroinvertebratesection of PartIV Standard Operating Procedures Field sampling required as specified in the Macroinvertebrates, Larval Fish, Fish, Anadromous Fish, and Fish Impingement sections shall be peribrmed according to approved Standard Operating Procedures.'A Standard Operating Procedures Manual describing the field sampling activities shall be provided to the Agency for review and approvil prior to the start of field sampling.

Atlantic salmon: The plant shall revert to closed cycle if the annual Atlantic salmon impingement limit as determined by the U.S. Fish and Wildlife Service, is exceeded and shall remain on closed cycle until June 15 of the current calendar year. If any anadromous Atlantic salmon are impinged, the Vermont Department of Fish and Wildlife shall be notified..

1. If Atlantic salmon are impinged, the frequency of impingement sampling shall increase to daily sampling when either of the following criteria are met:

Amended Permit No. 3-1199 Page 23 of 25

a. when any daily impingement of Atlantic salmon exceeds 10% of the annual impingement limit or,

b. when 50% or more of the annual limit have been exceeded during.

the current year.

Daily impingement sampling shall continue until three consecutive daily samples have been collected and no Atlantic salmon obtained. Sampling frequency shall then revert to weekly sampling.

2. If the criteria listed above are not met, impingement sampling will remain on a weekly schedule..

The maximum number of Atlantic salmon which can be impinged by Entergy Nuclear Vermont Yankee, LLC during a calendar year is determined by:

Impinged Atlantic salmon limit = 0.001 x (smolt equivalents)

Smolt equivalents (SE) are defined as:

SE = SEF + SEp + SEs + SEN where:.

k_' SEF is defined as the total number of smolt equivalents available from fry plants upstream of Vernon Dam. Thisnumber is calculated by:

SEF = 0.0675 x (two year previous fry)

Two year previous fly is defined as the total number of fly stocked upstream of the Vernon Dam two years previous.

SEP is defined as the total number of smolt equivalents available from parr plants upstream of the Vernon Dam. This number is calculated by:

SEp [(0.25 x (yearling parr)) + (0.'11 x (two-year previous i*nder yearling)]

Yearling parr is defined as the total number of 1+ parr stocked upstream of the Vernon Dam during the previous calendar year.

Tw6-year previous under yearling parr is defined as the total number of 0+ parr stocked two years previous.

SEs is defined as the total number of smolt equivalents available from smolt stocked upstream of Vernon Dam. This number is calculated by:

SEs = I x (smolts stocked)

Smolts stocked is defined as the total number of smolts stocked upstream during the current monitoring year..

Amended Permit No. 3-1199

Page 24 of 25 SEN is defined as the total number of smolt equivalents available from natural reproduction upstream of Vernon Dam. This number is calculated by:

SEN = 0.58 x 7000 x 0.01 x (adult salmon) 0.58 represents 58% of the run as female.

700.0 represents the average number of eggs per female.

. 0.01 represents a 1% survival-of eggs to the smolt stage.

Adult salmon'is defined as the number of adult salmon passed through the Vernon Fishway three years previous.

American shad: The plant shall revert to closed cycle if the annual American shad impingement limit, as determined by the U.S. Fish and Wildlife Service, is exceeded and shall remain on closed cycle until November 15 of the current calendar year. If any anadromous American shad are impinged, the Vermont Depaltment of Fish and Wildlife shall be notified.

1. If 50% or more of the annual limit have been exceeded during the current year, impingement sampling frequency shall increase to daily sampling upon the impinigement-of any American shad and ciontinue until three consecutive daily samples not containing these fishes are obtained. Sampling would then revert back to weekly sampling.

2. If the above criterion is not met, impingement sampling shall remain on a weeldy schedule.

The maximum number of American shad whi.ch can be impinged by Entergy Nuclear Vermont Yankee, LLC during a calendar year isdetermined by:

Impinged American shad limit I 1 x number of American shad The number-of American shad is defined as the number of American shad passed at the Vernon fish ladder or otherwise introduced above Vernon Dam during the calendar year.

Aquatic Biota Evaluation:

The above task-oriented monitoring program defines a minimal data collection study on the water quality and biota adjacent to the plant. In order to demonstrate that the operation of the plant assures the protection and propagation of a balanced and indigenous population of shellfish, fish and other wildlife, including their respective habitats, additional objective specific studies and data evaluation may be required. These additional study topics would be as a result of changes observed during the task-oriented program and/or Environmental Advisory Committee (EAC) concerns raised for fish or other biota.

The Vermont Department of Fish and Wildlife may, on its own volition or at the recommendation of the K EAC, modify the fish sampling protocol if it has been determined that the impact on biota adjacent to the plant may be adversely affected or the protection and propagation of the biota is not likely to be assured. The modifications shall be inade in writing and submitted to the DEC and Entergy.Nuclear

Amended Permit No. 3-1199 Page 25 of 25 Vermont Yankee, LLC.

Objective specific investigations would be defined and reviewed by the EAC annually. A draft proposal for the-following years studies, if any, would be submitted by Entergy Nuclear Vermont Yankee, LLC to the EAC for review by October 1 of the current year. A progress report on studies conducted during the current year would be submitted by Entergy Nuclear Vermont Yankee, LLC to the EAC by February 1.

Proposed changes to the draft proposal would by submitted by March 1.

Macroinvertebrate Investigation:

During 2002-03.the permittee shall complete a study on the macroinvertebrate populations in the Vernon Pool. Specifics of the study shall be coordinated between the Department of Environmental Conservation and Entergy Nuclear Vermont Yankee, LLC prior to commencement of the study.

The Department may amend this permit to include other specific EAC investigations.

K:\Dirccta,1PolEERTS\Etery31.6FbuIaAmtndedPctmitdoc

AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WASTEWATER MANAGEMENT DIVISION 103 SOUTH MAIN STREET WATERBURY, VERMONT 0567.1-0405 FACT SHEET (October 2005, revised March 2006)

AMENDED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

PERMIT TO DISCHARGE TO WATERS OF THE UNITED STATES NPDES 1"0: VT0000264 FILE NO: 13-17 PERMIT NO: 3-1199 Received PROJECT ID NO: NS75-0006 MAR 3 12006 NAME AND ADDRESS OF APPLICANt:

Entergy Nuclear Vermont Yankee By 320 Governor Hunt Road Vernon, VT 05302 NAME AND ADDRESS OF FACILITY WHERE DISCHARGE OCCURS:

Entergy Nuclear Vermont Yankee 320 Goveemor Hunt Road Vernon, Vermont RECEIVING WATER: Connecticut River CLASSIFICATION: Class B. Class B waters are suitable for bathing and recreation, irrigation and agricultural uses; good fish habitat; good aesthetic value; acceptable for public water supply with filtration and disinfection.

I. Proposed Action. Type of Facility, and Discharge Location

The above nimed applicant (Applicant) applied on February 20, 2003 to the Vermont Department of Environmental Conservation (Department) for an amendment of their permit to discharge into the designated receiving water. The Applicant is engaged in the operation of a nuclear electrical generating station. The discharge is from the outfall of the facility to the Connecticut River. Th Department has made a decision to amend the discharge permit.

The amendment approves a 10 F increase in the thermal discharge from the facility (S/N 001) at the compliance point downstream during the period of June 16 through October 14.

The Applicant's request for increased thermal limitations during the period of May 16 through June 15 is denied as discussed below.

II. Descrivtion of Discharge A quantitative description of the discharge in termis of significant effluent parameters is based on state and federal laws and regulations, the discharge permit application, and the recent self-monitoring data.

- -,x L I lm m i n

Amended Fact Sheet Nýo. 3-1199 Page 2 ofl10 III. Limitations and Conditions The effluent limitations of the S/N 001 discharge and the monitoring requirements may be found on the following pages'of the permit:

Effluent Limitations: Pages 2, 4, and 5 of 25 Monitoring Requirements: Pages.2, 4, and 5 of 25 IV. Permit Basis and Explanation of Effluent Limitation Derivation for S/N 001 Facility Description and

Background:

The Applicant owns and operates a nuclear power station in Vernon, Vermont. The facility is located on the west shore of Vernon Pool, an impoundment of the Connecticut River created by Vernon Dam. The dam and Vernon Station, a hydroelectric facility, are located approximately 0.75 miles downstream from the Vermont Yankee Nuclear Power Station (Facility). The Facility, which began operation in 1972, is classified as a Boiling Water Reactor (BWR) with a rated core thermal power level of 1593 MW, providing a gross electrical output 6f 537 MW. The remainder of the energy, 1056 MW, is removed as heat by the circulating water system as it passes by the condenser and discharges to the Connecticut River (S/N 001), or to the atmosphere via mechanical draft cooling towers.

The S/N 001 discharge is made up of the main condenser cooling water and service water.

Open/Hybrid cycle flow is permitted at 543 MGD, daily maximum, and closed cycle flow is permitted at 12.1 MGD. This amendment does not propose a change in the flow limitations or any other limitations with the exception of temperature.

Description of Entergy's Permit Amendment Request:

The Applicant's February 20, 2003 application requested an amendment to the existing thermal effluent limitations which would allow it to increase the temperature of the Connecticut River by IIF as determined at Station 3 (located 0.65 miles downstream from Vernon Dam) relative to upstream fiver temperatures (Station .7, approximately 4 miles upstream). This request was for the period May 16 through October 14 (summer period) only and does not affect the so-called winter period (October 15 through May 15).

The existing and requested thermal effluent limitations are listed below.

Existing Thermal Effluent Limitations:

Station 7 Temperature: Increase in Temperature Above Ambient at Station 3:

Above 63 F.0 200 F

>590 F, <63 F 3 F

>550 F, :590 F 40F Below 55* F 5oF I'

Amended Fact Sheet No. 3-1199 Page 3 of !10 Requested Thermal Effluent Limitations:

Station 7 Temperature: Increase in Temperature Above Ambient at Station 3:

Above 78IF 2°F

>630 F, < 78 0F 3OF

>59 0F, _63°F 4-F 5596F ';F In support of its application, the Applicant submitted the following principle documents at the time of application as well as additional follow-up documentation to the Agency of Natural Resources' (Agency) requests for further information.

1. "§316(a) Demonstration In Support of a Request for Increased Discharge'Temperature Limits at Vermont Yankee Nuclear Power Station During May Through October", dated April 2004, Normandeau Associates.

2. "Hydrothermal Modeling of thc Cooling Water Discharge from the Vermont Yankee

Power Plant to the Connecticut River", April 2004, Applied Science Associates, Inc.

3. Water temperature data pertaining to thermal conditions below the Vernon Dam during the period May 16 through October 14, 2004, Normandeau Associates (electronic copy).

4. "Adult American Shad Hourly Count Data and the Corresponding Hourly Water

Temperature Data for the Vernon Dam Fishway on the Connecticut River, 1991-2001",

January 2004 and March 2004, Normandeau Associates.

Legal and Regulatory Basis for ANR's Review:

The Agency's review of thermal discharges is governed by §316(a) of the Clean Water Act (CWA) and relevant portions of the: Vermont Water Quality Standards, effective July 2, 2000 (VWQS). CWA §316(a) provides for the establishment of alternative thermal effluent limitations. EPA has adopted regulations'pursuant to §316(a) at 40 CFR §125.70 through 125.73. 40 CFR §125.73 includes the "Criteria and standards for the determination of alternative effluent limitations undi:r 316(a)" and § 125.73(a) states that:

"Thermal discharge effluent limitations or standards established in permits may be less stringent that those required by applicable standards and limitations if the discharger demonstrates to the satisfaction of the director that such effluent limitations more stringent than necessary to assure the protection and propagation are indigenous of a balanced, community of shellfish, fish and wildlife on the body of water into which the discharge is made."

For existing discharges, such as Enfe~rgy's, EPA's §316(a) regulations also provide for a retrospective analysis of the existing discharge. Specifically, 40 CFR § 125.73(c)(1)(i) requires that any such retrospective analysis show:

"That no appreciable harm has resulted from the normal component of the discharge (taking into account the interaction of such thermal component with other pollutants and the additive effect of other thermal sources to a balanced, indigenous community

______M

Amended Fact Sheet No. 3-1199 Page 4 of 10 of shellfish, fish, and wildlife in and on the body of water into which the discharge is being made);"

Section 3-01 B.1. of the VWQS establishes temperature criteria for all state waters and establishes conditions for the assimilation of thermal wastes. Specifically, Section 3-01 B.1.d. Assimilation of Thermal Wastes states:

"The Secretary may, by permit condition, specify temperature limits that exceed the values specified above in order to authorize discharges of thermal wastes when it is shown that:

(1) The discharge will comply with all other applicable provisions of these rules; (2) A mixing zone of 200 fecet in length is not adequate to provide for assimilation of thermal waste; and (3) After taking into account the interaction of thermal effects and other wastes, that the change or rate of change in temperature will not result in thermal shock or prevent the full support of uses or the receiving waters."

The Agency has also determined that Section 1-03 Anti-Degradation Policy. is applicable to this application (see below for further discussion).

Findings of ANR's Review Procee;s The proposed changes to the thermal effluent limitations reflected in the draft permit are the result of the Agency's partial approval of the Applicant's 2004 §316(a) demonstration request. The Agency found that during the period from June 16 through October 14 the limits will "assure the protection and propagation of a balanced indigenous population of.

shellfish, fish and wildlife". However the Agency could not make the same finding for the period May 16 through June 15 based on existing data.

The Agency's review of the application consisted of two parts consistent with the Applicant's submittals. First, the hydrothermal modeling was reviewed. The modeling was designed to predict the spatial and temporal changes in the Connecticut River as aresult of requested increases in the thermal effluent limitations. Second, the Agency reviewed the

§316(a) Demonstration Report which evaluated the impacts of the proposed temperature increases on the Connecticut River biota (Demonstration). Reviewers of the Applicant's submittals and application materials included staff from the Vermont Department of Fish and Wildlife and the Vermont Department of Environmental Conservation (Reviewers). In addition the Agency'solicited and rcceived substantive input from the New Hampshire Fish and Game Department and the US Fish and Wildlife Service throughout the course of the review. The Agency also selected Versar, a Maryland based third-party consultant to assist the Agency with its review. Due to their extensive experience in the review of §316(a) demonstration studies, Versar'conducted an analysis and provided a report to the Agency on the hydrothermal modeling portion of the Demonstration.

The Reviewers concurred with the Applicant's retrospective analysis that the existing discharge, under the existing permitted thermal effluent limitations, resulted in "no appreciable harm" to the aquatic biota of the Connecticut River within the area influenced by the Applicant's thermal discharge during the period May 16 through October 14.

However, in order to approve the requested increase in temperature a predictive determination also needed to be made that the proposed limits would "assure the protection

Amnended Fact Sheet No. 3-1199

Page 5 of 10 andpropagation of a balanced indigenous population of shellfish, fish, and wildlife". The Reviewers agreed that the temperature increase would assure this balanced indigenous population during the period of June 16 through October 14 but concluded there was limited information regarding whether migrating salmon smolt would be impacted by the increased thermal effluent limitations during the period of May 16 through June 15, the later part of the smolt outmigration period. The Reviewers concluded that more information (i.e. actual field studies) was needed to make this determination and therefore the Agency has not granted this portion of the Applicant's 'amended request.

In addition,in response to comments received duringthe public notice period,the Agency has includeda.850 F upper temperature limit at downstream Station 3 (the downstream monitoringstation)during the periodofJune 16 through October 14. The condition will require that the permittee reduce tAe thermaloutput of the dischargeto the extent that the averagehourly temperatureat Station 3 does not exceed 85* F.

In accordance with the VWQS, Section 1-01 B.l.d. the discharge must also not prevent the

'full support of uses' which is defirned as "the achievement of the level of water quality necessary to consistently maintain and protect existing and designated uses." Designated uses are described in the Management Objectives for each class of water. For Class B waters, Section 3-04 A. Management Obiectives of the VWQS includes the following designated uses: Aquatic Biota, Wildlife, and Aquatic Habitat; Aesthetics; Public water supply; Irrigation of crops and other agricultural uses; Swimming and other primary contact recreation; and Boating, fishing, and other recreational uses. The §316(a) Demonstration specifically documents that the use Aquatic Biota, Wildlife, and Aquatic Habitat is fully supported by the increase in thermid effluent limits. The Demonstration also indirectly addresses recreational fishing in tLat there will continue to be a balanced indigefious population of fish available for the angler. Based on the information provided to the Agency, it has made a determination that the proposed increase in thermal effluent limits will maintain a level of quality that fully supports all designated uses. In addition; at this time, the .Secretary has not identified any uses in the area affected by the project that require designation as an existing use. All aquatic biota, aquatic habitat, wildlife, and recreational uses in the affected area will be maintained and protected. There are no uses such as recognized swimming holes or other unique recreational activities nor rare, threatened or endangered species that will be affected by the project that would warrant further consideration by the Secretary for designation as an existing use.

Anti-Backsliding: §402(o) of the C lean Water Act requires that a permit cannot be amended to contain effluent limiiations that are less stringent than the comparable effluent limitations in the prior permit. §402(oX2)(D) makes an exception from the general prohibition for less stringent effluent limitations when the permittee has received a modification pursuant to

§316(a) of the Act.

As noted above, the Agency has reached a tentative decision to amend the Applicant's permit and made a finding that the Applicant's request meets the requirements for thermal discharges pursuant to §316(a) and Section 3-01 B.l.d of the VWQS and therefore the exception to the anti-backsliding requirements apply to this proposed discharge.

Amended Fact Sheet No. 3-1199 Page 6 of 1.0 Antidegradation:

Section 1-03.B. Existing Uses Section 1-03.B. of the Vermont Water Quality Standards requires that existing uses of waters and the level of water quality necessary to protect those existing uses shall be maintained and protected regardless of the water's classification. Determinations of what constitutes an existing use are made during the basin planning process or on a case-by-case basis during consideration of an application. Based on the information provided by the Applicant and further outlined below, the Agency has concluded that the proposed discharge meets the-Policy established in Section 1-03.B. of the VWQS.

For purposes of the analysis, the area of the proposed discharge .is defined as an approximately 1.5-mile segment of the Connecticut River that spans from the lower Vernon.

Pool to the Vernon Dam Tailwaters. The thermal discharge is located approximately 0.75 miles upriver from the Vernon Darn. The affected area spans to Station 3 (0.65 miles downstream from Vernon Dam).

Although the Applicant believes that an Anti-Degradation analysis is not required for the requested increase in thermal limits;, at the Agency's request the Applicant presented an Anti-Degradation Policy Analysis. The Applicant's analysis considers each of the five factors that the Secretary must consider in the evaluation of existing uses and concludes that all existing uses will be maintained. and protected. In doing so, the Applicant has assumed that all aquatic biota, wildlife, plant life, and recreational uses of the area affected by the discharge are existing uses. The Agency does not explicitly find herein that the mere presence of aquatic biota, wildlife, plant life, or incidental recreational use of a waterbody automatically constitutes an existing use. There are no uses such as recognized swimming holes or other unique recreational sativities nor rare, threatened or endangered species that will be affected by the project that would warrant further consideration by the Secretary for designation as an existing use. However, the Agency does agree with the Applicant.that all uses of the affected area whether designated as existing uses or recognized as designated uses for Class B waters will be maintained and protected for the summer period for which the Agency is granting amended thermal limits.

a. Aquatic biota that utilize or are present In the waters; In support of this amendment, the Applicant examined the aquatic biota through the use of a retrospective and predictive demonstration project for the proposed discharge. In the development of this §316(a) Demonstration Project, the Applicant targeted representative important species (RIS) that were indicative of the overall ecological health of the aquatic biota and then analyzed the proposed discharge's affect on those RIS. The Applicant focused upon macroinvertebrate and fish communities in its demonstration and then drew inferences to the potential impacts to the wildlife and plankton communities. The Applicant's Demonstration provides a sound basis for the conclusion that there have been no adverse impacts from the existing thermal discharge on benthic macroinvertebrates or RIS.

Most population levels and.compositions have remained unchanged from 1991 to 2002 in the affected area and upstream in the unaffected area. Those fish species that have experienced a decline (juvenile American shad and White suckers) have experienced declines consistent with bveiall declines noted for the adjacent upstream Connecticut River and not in the waters only affected by the existing discharge. The Applicant's predictive

Amended Fact Sheet No. 3-1 199 Page 7 of 10 analysis for the Demonstration indicates that the approved temperature increase will create insignificant changes in the thermal structure of the receiving waters affected by the project's discharge and that as a result the use of the waters by all species present will be maintained and protected.

The Departments of Environmental Conservation and Fish and Wildlife from the State of Vermont, Depaitment of Fish and Game from the State of New Hampshire, the United States Fish and Wildlife Service arid a third party consultant with expertise in thermal and aquatic biota modeling from power plant discharges (Versar) reviewed the Demonstration.

The Agency has concluded that the predictive Demonstration provided by the applicant reasonably. assures a balanced aqwmtic cbmmunity of fish and benthic macroinvertebrates.

The Agency has concluded that there will be no significant impact from the proposed discharge on the aquatic biota that are present in the area affected by the proposed discharge.

The Agency therefore agrees with the Applicant's analysis that the use of the waters by all species present will be maintained and protected.

b. Habitatthat supports existinig aquaticbiota, wildlife, or plant life.

An analysis of the waters has shown that biological growth in the area affected by the proposed discharge is generally limited by food and nutrients (as well as habitat considerations such as substrate) supplied more than by temperature and therefore there will be no significant enhancement of biological productivity.

Although some biota may be displaced temporarily from the area affected by the proposed temperature increase, these species are mobile and there is sufficient habitat available for use by the species so that the habitat required for these species is adequately available. The data provided by the Applicant on the retrospective use of the waters affected by the proposed discharge shows that the discharge has not significantly limited the habitat used by the aquatic biota, wildlife or plant life in the affected area.

The Agency has concluded that the affected area will continue to provide habitat that' supports existing aquatic biota, wildlife, and plant life.

c. The use of the watersfor recreationorfishing Class B waters are designated to achieve and maintain the following uses: swimming and other primary contact recreational activities and boating, fishing and other recreational uses.

VWQS Section 3-04.A.5. and 6.

The Agency has concluded that the proposed increase in thermal discharge will permit the waters to achieve and maintain their uses for swimming and other primary contact recreational activities to the extent that such activities are occurring. The Agency has also concluded that the proposed discluhrge will maintain and achieve the boating uses of the affected waters.

As described in paragraphs (a) and. (b) above, based on the Agency's review of the Applicant's Demonstration, we have concluded that the receiving water will achieve and maintain its uses for fishing as a result of maintaining and protecting the uses for aquatic biota.

Amended Fact Sheet No. 3-1199 Page 8 of 10

d. The use of the watersfor water supply, or commercialactivity that depends directly.

on the preservationofan existing high level ofwater quality.

The waters in the area of the proposed discharge are not used for water supply purposes and there isno commercial activity that directly depends on the preservation of an existing high level of water quality, therefore this subsection is not applicable to the proposed discharge.

e. With regardto thefactors consideredunder (a)and (b), evidence of the use's ecologicalsignificance in the functioning of the ecosystem or evidence of the use 's.

rarity.

The area affected by the proposed discharge serves as a transit corridor for migratory fishes, namel %Atlanticsalmon and American shad. The affected area is a transit corridor for Atlantic salmon, and the area is used by American shad as a spawning and nursery area during part of the first year of life un.til they emigrate downstream in the fall. Studies provided by the Applicant show that the population of American shad, while declining, is declining at a rate consistent with the decline above and below the discharge.

The receiving water does not contain any state or federally listed threatened or endangered species basedon surveys from 1967 to 2000 and a recent specific search in 1997 for listed mussels. Although two listed species of mussels (the dwarf wedge mussel and the brook floater) occur in the Connecticut River, they do not occur in the area affected by the project.

The triangle floater mussel, which is not threatened or endangered, does occur both upstream and downstream as well us in the affected area and has been subject to extensive monitoring by the Applicant.

A pair of nesting bald eagles was found in 1999 on Stebbins Island (located in New Hampshire) approximately 1.4 mihts downstream from the Vermont Yankee facility. The bald eagle is federally listed as threatened and listed as endangered in Vermont. The bald eagle will not be impacted by the proposed thermal increase.

Based on the information provided by the Applicant and the information contained within the Demonstration, the Agency has concluded that the proposed discharge will not significantly affect the water's ecological significance oi the rarity of this water and will not impact any use of the waters by rare, threatened or endangered species.

Section 1-03.C. High Quality Waters.

Waters whose existing ambient water quality exceeds the minimum water quality criteria are "high quality" and are therefore required to meet the staridards contained in Section 1-03.C of the VWQS unless the discharge is determined to be insignificant. In determining whether a socioeconomic analysis is required for a discharge, the Agency examines whether the discharge will degrade a high quality water. In making the assessment for this proposed discharge, the Agency examined the following:

The proposed discharge will affect a nearly 1.5 mile span from the discharge to approximately Station 3. In the applicant's Demonstration, when examining the average operating condition (conditions occurring at least 50 percent of the time) the Applicant's Demonstration showed that approximately three percent of the Vernon Pool volume and approximately three percent of the bottom area will see a one degree F rise in temperature.

Amended Fact Sheet No. 3-1199 Page 9 of"10 The Applicant's proposed discharge will be 81 degrees F for less than 14 hours1.62037e-4 days 0.00389 hours 2.314815e-5 weeks 5.327e-6 months between the June 16 and October 14 summerp.eriod.

The Agency has concluded that the magnitude, duration, and spatial extent of the proposed thermal discharge on the receiving waters and the expected impact on the aquatic biota as described above is insignificant and therefore does not require a socioeconomic analysis.

In examining the potential for the thermal discharge to increase.pollutants or otherwise degrade the water quality of the segment, the Agency has determined that the proposed discharge will not have an affect o:a the amount of phosphorus in the River; the proposed increase will not have an affect on the levels of nitrates in the River; the proposed'discharge will not have an affect on sludge deposits or solid refuse; the proposed discharge will not impact water taste, odor, or color; the proposed discharge will not affect toxic substances; the proposed discharge will not affect radioactive substances; the proposed discharge will not have an impact on turbidity in the waters; and the proposed discharge will not have an effect on the levels of Escherichiacoll.

The Agency has concluded that the proposed discharge may result in slight but insignificant increases of plant, plankton and bacteria communities. These slight increases will have commensurately slight effects on the levels of settleable solids, floating or total suspended solids. The slight rise in biological activity may also have a slight or negligible affect on the alkalinity of the waters and the wa'.ers pH.

The increase in thermal levels in the waters affected by the proposed discharge will also have a slight effect on dissolved oxygen. Since there is an inverse relationship between temperature and the levels of dissolved oxygen that water is capable of holding, there will be a slight decrease in the levels of dissolved oxygen in the waters. The decrease, however, will be immeasurable.

The possible additive or synergistic effects of the pollutants associated with the activity in combination with "otherpreviously approved activities or the potential of the thermal discharge to stress sensitive biological resources such as indigenous. species, rare species, and threatened and endangered species are insignificant.

While the Agency has concluded that the socio-economic balancing test is not necessary for this discharge because the discharge will not have significant .impact on the water quality of the receiving waters, the Applicant has nevertheless provided information in support of that test. The Applicant asserts that its facility provides baseload unit of power in the Vermont market. In addition, this power source prevents Vermont from turning to the "spot market" during peak summer periods thereby preventing power purchases at a premium. Also, the Applicant asserts that-it employs 495 permanent workers and 125 contractors at the Vermont facility. In addition to these permanent workers, every 18 months during refueling, the Applicant brings in between 600 to 1000 contractors to the area to refuel the reactors.

Most significantly for this analysis:, this amendment allows less frequent operation of the Applicant's cooling towers. The oferation of the cooling towers diverts 12 megawatts of power for transmission during the peak summer season. Reduced cooling tower use allows the facility's equipment to operate more efficiently and reduces wear on equipment.

When comparing the socioeconomic benefits of the Applicant's proposed discharge with the'

Amended Fact Sheet No. 3-1199 Page 10 of 10 insignificant effects that the proposed discharge will have on water quality and uses in the area, the Agency concludes that the requirements of Section 1-03.C.2. would be met if such an analysis was required.

V. Procedures for Formulation of Firne Determinations The public comment period for receiving comments on this draft amended permit was*from October 24 through December 7, 2005. During the comment period interested persons submitted their written views on the. draft permit. All written comments received by 4:30 PM on December 7, 2005 were retained by the Department and considered in the formulation of the final determination to issue, deny or modify the draft permit.

The Department also held a heating on November 30, 2005 at the Brattleboro Middle School.

(All Purpose Room), 109 Sunny Acres Drive, Brattleboro, Vermont at 6:00 P.M. All statements, comments, and data prosented at the public hearing were retained by the Department ind considered in the formulation of the final determination to issue, deny, or modify the draft amended permit.

Comments receivedduring the pub!ic notice periodare responded to*in the attached Responsiveness Summary.

K.Dt\ecCaDIPERMgyI6SEnamelmndtd~iinaWaciShetdoc

Received RESPONSIVENESS

SUMMARY

FOR - MAR 3 1 206.

DRAFT AMENDED DISCHARGE PERMIT No. 3-1199 for BY Entergy Nuclear Vermont Yankee Tie abovereferenced draft amended permit was placed on public notice for comment from the period of October 24 through December 7,2005. A hearing was held on November 30, 2005 in Brattleboro, Vermont. The draft permit proposed to amend the existing permit to include an increase in thermal effluent limitations during the period of June 16 through October 14.

Comments on the proposed permit were received during the November 30, 2005 public hearing and during the 45 day public notice period. The following is a summary of the relevant comments received and the Agency's responses to those comments. Similar comments were grouped together or combined into one comment. Comments received that were not relevant to the proposed amended permit were not responded to by the Agency. A copy of any or all comments received can be obtained by contacting the Agency's Wastewater Management Division at 802-241-3822.

1 Comment: The 316a Demonstration Report documents that the existing thermal discharge has had a negative impact on a wide range of species including American Shad, Atlantic Salmon, Spottail Shiner, Smallmouth Bass, Yellow Peich, Walleye, Largemouth Bass, Fallfish, White Sucker, and White Perch in the Connecticut River.

Comment: The existing discharge has caused '"appreciable harm" to the biological community in the Connecticut River.

Comment: The Agency and Entergy say the American shad are at the same rate of decline, as sampled, above and below the discharge area. Therefore what is the harm if we throw some more hot water and chemicals at them? The error here is not to view the ecosystem as bumbling along in isolated species and individuals rather to view it as a whole system -interrelated and symbiotic.

Response: The 316a Demonstration Rerport does not document that the existing thermal discharge has had a negative impact on any species. Data analyses presented in Entergy's 316a Demonstration Report show statistically significant population trends for four of the nine Representative Important Species (RIS) (American shad, smallmouth bass, walleye, white sucker) but do not show evidence of a detrimental thermal effect on the fish community. Trends for several species (smallmouth bass, walleye, white sucker) do not exhibit the consistency expected if these populations were responding to any thenral affects induced by Vermont Yankee's discharge. This suggests thatthe changes observed over the 12-year period (1991-2002) may be due toQfactors or mechanisms acting upon individual populations differently. These changes cannot be attributed to thermal affects. The Connecticut River is a complex biological system in structure and functional processes. This coupled with hydroelectric and nuclear power generation influences and the presence of both reservoir and riverine habitat add to the difficulty of teasing apart cause and effect sources solely related to the thermal discharge.

The significanf. negative (decreasing) trend in American shad in lower Vernon pool .does not demonstrate adverse affects as a result of the currently permitted thermal discharge. Shad trends based on electrofishing samples reflect the abundance ofjuvenile fish in the lower Vernon pool. At

.this time the abundance of adult fish in the river above Vernon dam is best measured by annual

Page 2 of 18 Responsiveness Summary 3-1199 passage counts through the Vernon ladder and has not indicated a significant decline that can be attributed to the discharge thermal regime.

Since 1993 total adult shad passage counts through the Vernon and Turners Falls fish ladders have followed similar declining trends. Total passage counts at Vernon in 1991 and 1992 were in excess of 30,000 fish per year, the highest count years for that facility on record. An ongoing problem with shad passage at the Turners Falls facility has been recognized and has been under study by Northeast Utilities and federal and state fishery agencies. Alternate fishway entrance designs have been 'tested and may have promise of improving passage there within the near future. Poor passage performance of the Cabot Station fish ladder is sim'iarlybeing addressed. Adult shad passage at the Vernon ladder is in very large part a function of the numbers of fish passed above Turners Falls.

Despite the decreasing Vernon passage trend, the Vernon ladder is thought to be an effective passage mechanism and has typically passed a high proportion (1991-2002 average 66.6%) of the shad passed above Turners Falls.

In addition to reduced numbers of spawniing fish passed into Vernon pool, the sex ratio of the run through the ladder has been heavily skewed to males. The 10-year average (1990-2001, excluding 2000) is 79% males. This sex ratio is equivalent to the sex ratio at Turners Falls. The sex ratio of the adult shad run at the Holyoke fish lift was approximately 50:50. The cause of the sex ratios at Turners Falls is unknown, but it has been postulated that higher energetic costs to gravid female shad and possible size selectivity of the ladder designs may be factors. Both factors, reduced passage through the Turners Falls gatehouse ladder and a male dominated sex ratio, may account for the observed declining abundance oljuvenile shad in Vernon pool. Based on the data Entergy has been required to collect and analyze, the data does notshow that VY has caused prior appreciable harm.

Finally, shad trends have-exhibited'a regional decline since the peak passage counts at Vernon Dam in. 1991 and 1992. The record adult shad.. runs occurred during the first two years of Vermont Yankee operating under their current thermal limits (although similar limits were included in the 1986 permit as part of an experimental program - Project S.A.V.E.). These years correspond with very high estimated run return years to the lower Connecticut River (1.2 million fishjn 1991; 1.63 million in 1992). The 12-year (1981-1992) average return to the river was 1 million fish followed by a 12-year (1993-2004) average of 547,000 fish. Additionally, after 1990 commercial shad landings and stock abundance estimates for the Atlantic coast as a whole declined through 1995; thereafter, estimates have increased steadily. These data indicate declining shad abundance at Vernon may reflect larger issues affecting shad stocks regionally as well as run sizes entering the Connecticut River.

2. Comment: The 316a Demonstration fails to consider cumulative effects.

Comment: Entergy failed to conduct a cumulative assessment of the thermal impacts of the discharge together with "all other significant impacts on the species affected." Applicants must conduct such assessments as required under 40 CFR § 125.73.

Response: The 316a Demonstration has considered cumulative effects as required under 40 CFR

§125.73 which states "This demonstration must show that the alternative effluent limitation desired by the discharger, considering the cumulative impact of its thermal discharge together with all other significant impacts on the species-affected, will assure the protection and propagation of the balanced indigenous community...".

Page 3 of 18 Respon~siviness Summary-3-1199 The discharge permit has required extensive ecological monitoring for over thirty years. This monitoring by its very nature includes the assessment of other sources (including the Vermont Yankee cooling water intake structure) upstream of the Vermont Yankee discharge. The 2004 Demonstration assessed the monitoring data from the 1990's through 2002 (i.e. data not included in the previous 1978 and 1990 demonstrations). That assessment indicated the absence of prior appreciable harm, and the Agency agreed, during the annual period of June 16 - October 14.

By way of the predictive analysis, asses:3ment of the proposed thermal increase was obtained by a computer simulation model which was calibrated and confirmed from data collected from a set of continuous monitoring thermistors placed in the Vernon pool during May through October 2002.

Other data used included flow and temperature from permanent instruments. The purpose of this study was to determine what effects, if any, the pioposed increase would have on the existing thermal structure of the river. Again, this data, by its nature, included the cumulative effects of other sources upstream ofihe discharge.

A similar predictive analysis for the tailwater reach (i.e., dam to Station 3) was not part of the computer simulation model used to assess thermal impacts in lower Vernon pool. Nonetheless, the Agency inspected available'tailwater temperature data collected by Entergy in 2004 for the May 16-October 14 period. Specifically, the Agency wanted to determine from the data whether Entergy's assertion of complete mixing in the tailwater was valid. Data were successfully registered at 7 of the 12 monitoring stations distributed among four transects located within the 1.5 mile reach downstream of the dam. The loss of specific sampling stations in part or in entirety, particula rly sites located nearest to the dam and fish ladder, prevented a more comprehensive analysis; however, inspection of the.available data did not reveal any significant temperature variations outside the accuracy of the thermistors or natural variation. The data indicated fairly uniform temperatures from top to bottom within the water column at those stations yielding complete data sets. As concluded for lower Vernon pool, thermal conditions in the tailwater represent cumulative effects of Vermoni Yankee's discharge as well as other thermal contributions to the system within the watershed.

3. Comment: The 316a Demonstration Report omits an important indicator species, the dwarf wedge mussel, from the-list of Representative Important Species (MIS). In 1990 the dwarf wedge mussel was listed as endangered under the Endangered Species Act. Currently there are only 20 known small populations including one in the Connecticut River near Claremont, NH. The mussel depends on host fish species for its survival. They are species specific and will only live if they find the correct host. This particularmussel depends on two host species, the tessellated darter and the mottled sculpin.

In 1993 the U.S. Fish and Wildlife Service approved a recovery planfor the Wedge mussel that calls for the attempt to reestablish populations throughout its historical range including the Connecticut River. Reestablishing a population in or near Vernon Pool would require the presence of one of the host species. The tessellated darter is a fish species that has consistently been collected from the lower Vernon Pool. 'Although the nearest population of the wedge mussel is relatively far north of the Vermont Yankee, the fact that the species is endangered and depends on.

the tessellated darter for its survival reveals that the tessellated darter should have been and should, now be included as a RIS; as part of the recovery of the wedge mussel throughout the Connecticut.

River. Without the inclusion of the tessellated darter as a RIS, the information presented "is too incomplete to provide a clear assessment," and thus is unacceptable and in violation of the decision making criteria for determining the acceptability of the RIS determination.

Page 4 of 18 Responsiveness Summay 3-1199 Response: The list of RIS evaluated in the 316a Demonstration was approved by the fisheries biologists from Vermont Fish and Wildlife Department, New Hampshire Fish and Game Department, as well as the US Fish and Wildlife Service. If the fish biologists from these agencies believed that the tessellated darter (or the dwarf wedge mussel) was an appropriate RIS, it would have been included and evaluated. Further, there are no known existing populations of the dwarf wedge mussel in Vernon pool. In fact, tie Agency has no information that there has ever been a population of this mussel in Vernon Pool.

4. Comment: Entergy uses a flawed methodology to measure river temperature that grossly understates the localized impact on the biological community most directly affected by the discharge and makes it impossible to dihectly estimate the possibility that species will experience thermal shock in the lower Vernon Pool or in the fish ladder.

Response: The purpose of the temperature monitor at Station 3 is to gauge compliance with the temperature limits in the permit not to directly measure the impact on aquatic biota. It is the on-going biological monitoring, as required by the permit, which is the mechanism used to determine impacts on the biological community of'the Conn*ecticut River. The evaluation of this monitoring data, whether via a 316a demonstration study or during periodic reviews, is what ultimately determines whether or not the biological community is impacted by Entergy's thermal discharge.

Review of the 2004 3 16a Demonstration, which evaluated the aquatic biota in great detail indicated that there is a balanced, indigenous population present.

Including a temperature monitor at the point of discharge would not serve any useful purpose.

Extensive hydrothermal modeling as part of the recent 316a Demonstration has demonstrated (three dimensionally) how the thermal plume, with the proposed increase in thermal limits, will impact.Vernon pool. This was evaluated using average (occurs 50% of the time) and extreme-case (occurs 1% percent of the time) in-river conditions that would result from the proposed increase in thermal discharge limits.

5. Comment: Entergy has failed to insure protection and propagation of the balanced indigenous population (BIW). As explained in Part VI.E. ofour comment letter, the existing discharge has already caused appreciable harm to the biological community in the river. It necessarily follows that Entergy cannot show that the requested variance will assure the protectibn and propagation of the Balanced Indigenous Population (BIP).

Comment: Section 316(a) and EPA regulations require that applicants must prove that thermal effluent standards are more stringent thzn necessary to "insure protection and propagation of a balanced, indigenous population of fish, shellfish, and wildlife in and on the body of water". The legislative history of 316(a) makes clear that Congress intended that there be"a very limited waiver for major sources of thermal effluents that could establish beyond any question" that the BIP would be protected. Entergy has not made this stringent burden of proof.

Comment: Entergy has not demonstratcd that thermal restrictions under the proposed permit are conservative in assuring "protectionand propagation otfa balanced indigenous population of fish, shellfish, and wildlife in and on the [af*eicted] body of water" as required by §316(a) and EPA regulations generally.

Comment: The effect on habitat that supports existing aquatic biota, wildlife, or plant life must be considered but the application and the Agency have only been able to conclude that biota that don't like hot water can swim away to suitable habitat elsewhere and those that like hot water (and

Pag 5 of ]a Responsiveness Summnary 3-1 199 chemicals) will thrive. The applicant haw failed to demonstrate under 316a that the permit remains and/or was ever protective of "a balanced indigenous community of shellfish, fish, and wildlife".

Comment: The methodology that Entergy is using to measure the effect of temperature increases in the river do not accurately reflect the impact on the Vernon Pool and Vernon Dam Fishway.

Entergy's upstream monitoring location (Station 7) is a relatively narrow part of the river. Lower Vernon Pool is a broad, slow moving res;ervoir. Ambient temperature in the pool may frequently be higher than at Station 7. Entergy does not account for thisin determining their thermal discharge.

Station 3 (downstream compliance point) is also located in a relatively narrow section of the river that will likely warm up at different rate:; than the lower Vernon Pool-or at or very near the fish ladder at Vernon Dam. These are areas where direct biological harm from increased water temperatures is most likely to occur. Thus, there is no sound scientific basis on which to draw any conclusions regarding the true effects of the proposed temperature increase.

Response: The Department disagrees that Entergy has failed to insure protection of the BIP. The conclusion of the 2004 316a Demonstration, with which the Agency concurs, is that the existing and proposed discharge assures "protection and propagation of a balanced indigenous population" during the June 16 through October 14 time period.

The Agency disagrees that the effect on habitat was not considered. The effect on habitat for each Representative Important Species (RIS) fish was considered on a species by species basis using the modeling of the thermal plume and the indicator thermal effects parameters selected from the literature (See Section 5.2 of the 2004 316a Demonstration), Based on that analysis no significant habitat exclusion for RIS was predicted as a result of the new thermal limits. Based on the predictive analysis there is no evidence that the BIP will fail to be protected.

The 316(a) Demonstration Report predicts changes in habitat availability in lower Vernon pool .and duration (hours) exceeding specified temperatures for certain life history parameters at Station 3 under the proposed amended temperature permit limits. These changes are too small to predict with any confidence that balanced populations of RIS will not be maintained under the proposed thermal limits. The Agency is incorporating a temperature cap which will ensure'the temperatures will not exceed 85°F, as discussed in Response 6. In addition, the RIS monitoring program specified in all future permits, as in the past, will be evaluated by the EAC and Agency and modified as appropriate with the intent that any significant changes in RIS populations will be able to be detected.

Entergy Vermont Yankee bears the burden of demonstrating to the satisfaction of the Agency that the proposed thermal effluent limitationrs are "more stringent than necessary to assure the projections and propagation of a balanced, indigenous population of shellfish, fish, and wildlife."

The Agency has determined that the 316(a) Demonstration and the materials that the applicant has produced in support of the amendment request meet the applicable standards, as discussed in more detail in this Response Summary.

6. Comment: The permit fails to set an upper bound on the temperature, leaving the river vulnerable to extreme thermal shock. The existing discharge permit places no upper bound on the temperature of the river at which Entergy must stop adding waste heat through its cooling water discharge. The draft amended permit fails to address this shortcoming.

ANR should require that Entergy not raise the ambient water temperature beyond 857F at any point within the Connecticut River. If and when such limit is reached, Entergy should be required to take

Page 6 of !18 Responsiveness Summary 3-1199 all necessary steps-including reducing power output-to avoid raising the ambient water temperature any further.

Significantly, according to Entergy's ovm study.as part of their 316(a) Demonstration of temperature impacts on fish, water temperatures above 88°F are the avoidance temperatures for all RIS found in the Vernon Pool except one.

Comment: Allowing an unlimited increase in water temperature inside the Vernon Pool cannot be said to enhance or protect the quality of the river, and in fact, just the opposite is true.

There is no showing that the temperaturt increase will not result in thermal shock to the biological community within Vernon Pool, or to species that migrate through this area such as Atlantic salmon or American shad.

Comment: What is the upper temperature limit of the discharge? Currently no temperature limit has been named at which Vermont Yankee must stop discharging waste heat. The CRWC recommends that the temperature upper limit be set no higher than 857F at the discharge point. Not" having an upper limit is unacceptable.. The discharge temperature should have an appropriate maximum.

Response: Designation of an upper temperature limit has merit as added protectibn to the balanced indigenous populations within the affecled project area. Under the proposed permit temperature limits, Entergy predicts "the maximum temperature at Station 3 might.exceed 850 F for an average of only 6 hours6.944444e-5 days 0.00167 hours 9.920635e-6 weeks 2.283e-6 months per summer season and would never exceed 86°F" (Entergy's Comments to the ANR Regardingthe Draft Vermont Yankee NPDESPermitAmendment, 7 December 2005). As cited by Entergy, Luxenberg (1990) analyzed the 22-year thermal history (1968-1989) of the Connecticut River within the project area during which maximum average hourly temperatures at Station 3 exceeding 84.F occurred on three occasions: July 21, 1968; August 5, 1979; and August 14, 1988. Over the same period of record maximum average hourly temperature values never exceeded 85°F. The 316a Demonstration Report assessed temperature effects on the RIS, including exclusionary (avoidance and upper incipient lethal) temperatures for each species. A discharge upper temperature limit of 85 0 F approximates the avoidance temperature for most RIS and is below the upper incipient lethal temperature for all species except Atlantic salmon which is unlikely to be migrating through the project area at times when temperatures might approach or exceed 850 F.

Therefore the Agency has included in the final permit an upper temperature limitation for the.

period June 16 through October 14 (see Section LA6.c., page 5 of 25) which requires Entergy to modify the operation of the cooling water system such that the average hourly temperature at

.Station 3 (downstream monitoring station) does not exceed 85°F.

7. Comment: The downstream compliance point should not be located downstream of the dam. The water temperatures in the pool are not used at all in connection with deciding what the change has been. The notion that there is a one degree temperature change is just false because it is measured 0.65 miles downstream of the dam. This information is given to the public and the way it appears makes it seem much more benign and much less hazardous to aquatic life than in actuality it is.

Response: The permittee's application, fact sheet to the proposed permit, and public notice document clearly state that compliance with the 1' F temperature increase is determined downstream at Station 3. There is no attempt on the Agency's part to misinform the public. The

Page 7 of 18 Responsiveness Summary 3-1199 compliance point has been identified in the Vermont Yankee permit over a period of 30 years and several five year permit cycles.

While it is true that the water temperature in Vernon Pool is not "used ini connection with deciding what the change has been", decides of ecological monitoring as well as recent hydrothermal modeling has demonstrated that fish habitat and/or passage is available in the pool such that a balanced, indigenous population is maintained. A discussion of the habitat impacts due to the thermal increase is found in Response 5..

8. Comment: Entergy should be required to install temhperature sensors at thepoint of discharge as well as every several hundred feet down. river to 'Station 3'. Baseline and Delta T must be measured before 'Station 3'.

Response: The cdmmenter has not proided a reason as to why temperature sensors should be included at the point of discharge as well as every several hundred feet to Station 3. Provided that future ecological monitoring continues to demonstrate that there is a balanced, indigenous population, the Agency is satisfied with ihe current regime to determine permit compliance.

9. Comment: The Draft Amended Permit does not comply with Vermont WQS. The thermal mixing zone is illegal.

Comment: The Draft Amended Permit does not comply with Vermont WQS. Entergy's discharge violates the 200 foot limit on thermal mixing zones. There is no showing in the record that a mixing zone of 200 feet in ¢.ngth is not adequate to provide for assimilation of thermalwaste The analysis found in the 1978 §316(a) Demonstration fails'to explain why a mixing zone of 200 feet is inadequate to provide for the assimilation of thermal wastes. It states that, "[r]ecording temperature systems were installed at Monitor 3, 0.65 miles down River from the Vernon Station, in December 1967 and at Monitor 7, 4.25. miles up the river from Vernon Station, in December 1969.. .River water temperatures have been recorded at these locations since the monitors.were installed." (1978 Demonstration, 4-2) It appears from the: lack of analysis in the record that the only reason Station 3 is used as the extent of the mixing zone is that Station 3 was already installed 1.4 miles downstream of Entergy when the facility was built.

There apparently was a June 10, 1968 order issued by the Water Resources Board (a document which, according to the WRB, was destioyed) which apparently'established a mixing zone to the foot of the Vernon Dam as the downstream extent of the thermal mixing zone. There is no document in the record that establishes a larger mixing zone. Nevertheless, the permit contains a-mixing zone that extends 0.65 miles below Vernon Dam (to Station 3).

Response: Consistent with Section 316(a) of the CWA, the Secretary of the Agency may approve an alternative effluent limitation in exce:ss of the thermal limitations established by the Vermont Water Quality Standards, provided that:

(1) The discharge will comply with Al other applicable proviiions of these rules; (2) A mixing zone of 200 feet in length is not adequate to provide for assimilation of thermal waste; and (3) After taking into account the interaction of thermal effects and other wastes, that the change or rate of change in temperature will not result in thermal shock or prevent the full support of uses or the receiving waters." .

Page 8 of 18 Responsiveness Summary 3-1199 Section 3-01 B.l.d. Assimilation of Thcrmal Wastes. Essentially, section 3-01 B.1.d. provides that an alternative standard may be set forth in a permit condition provided that the three criteria set forthabove are met. First, the thermal discharge shall "comply with all other applicable provisions of the VWQS." Second, the mixing zone must be inadequate to assimilate the thermal discharge.

Third, similar to Section 316(a) of the CWA, ANR must evaluate the "interaction of other pollutants" with the thermal discharge and determine that the discharge "will not result in thermal shock or prevent the full support of uses."

As set forth in.the fact sheet to the permit, the Agency has made specific findings regarding the.

impacts of the proposed discharge related to applicable water quality provisions, the interaction of the proposed thermal discharge with other wastes and the possibility of thermal shock. In addition, as described below, the Agency has also determined that a mixing zone of 200 feet is inadequate for assimilation in this matter and that the temperature change will not cause thermal shock or prevent the full support of uses.

The 1978 Deanonstration Study as well as additional thermal plume studies conducted as part of the 1990 Demonstration Study demonstrate that an area within a 200 foot radius of the.discharge point was not adequate to assimilate the thermal discharge under previous more conservative temperatire limitations. It is apparent ihat a 200 foot mixing zone was inadequate to accommodate previous (lower) thermal limits. It follows also that it is inadequate to accommodate requests for higher thermal limits. Nonetheless, both the 2004 H.ydrothermal Modeling Report and the 2004 Demonstration Study reconfirm through the use of color coded graphical presentations that the thermal discharge under both the existing limitations and the increased thermal limits can not be assimilated in a 200 foot radius from the discharge point.

The extensive biological monitoring in the Connecticut River and the Demonstration Study demonstrate that the existing and proposed discharge will assure the piotection and propagation of a balanced indigenous biological community which suppoits the finding that the proposed discharge will not result in thermal shock or prevent the full support of uses (June16 through October 14). As explained in the response to Comment 2., the biological monitoring by its very nature assesses the cumulative impacts of all environmental stressors.

10. Comment: The Draft Amended Permit does not comply wiih Vermont WQS. Entergy's discharge violates the ¶Protect and Enhance' policy. Beyond.the fact that the record contains no document authorizing a 1.4 mile thermal mixing zone for Entergy's discharge, ANR cannot make the showings required by Vermont Water Quality Standards to create such a large mixing zone. ANR is required to show that the discharge will comply with all other applicable provisions of Vermont WQS. This showing is not present in the record. In particular, ANR must show that the discharge will "protect and enhance the quality, character, and usefulness of the Connecticut River'? and "assure the maintenance of water quality necessary to sustain existing aquatic communities." (10 VSA § 1250)Additionally, ANR must show that Vermont's Antidegradation policy is being followed and that this "high quality" water is being protected and maintained. Allowing an

'unlimited increase in water temperature inside the Vernon Pool cannot be said to enhance or protect the quality of the Connecticut River, and in fact, just the opposite is true.

Comment: High Quality Waters must .be maintained and. protected. The high temperature discharge plume would degrade the quality of the Connecticut River and 1) reduce available habitat for desirable species spawning and habitat; 2) promote predation by heat tolerant species on juvenile shad and other desirable species; 3) interfere with anadromous fish migration; and 4) reduce resident populations of indigenous species.

.Page 9 of 18 Responsiveness Summary 3-1199 Response: Although 10 V.S.A. §1250 (and Section 1-02 of the Vermont Water Quality Standards) calls for the protection and enhancement of the state's waters, it also recognizes that discharges will occur and must be controlled. The regulatory scheme requires the maintenance of water quality necessary to sustain existing aquatic communities and manage waters to promote beneficial and environmentally sound development. The Vermont Water Quality Standards and 316a of the Clean Water Act allow for the discharge of controlled thermal waste when it can be demonstrated that there will be the full support of use.s and a balanced indigenous population in the receiving waters, respectively. As set forth in the fact sheet to the prmit (see pages 3 - 10), the proposed thermal increase satisfies the.Anti-Degradation Policy and other requirements of the Vermont Water Quality Standards. As set forth in Response 9., a mixing zone of 200 feet is inadequate to assimilate the thermal waste.

11. Comment: The public has been denied the opportunity to review and comment on key documents and information being relied upon.by the Agency. Two key documents are missing from the record. One is a letter from the Water Resources Board regarding the intake structure and the other is a document authorizing the thermal mixing zone.

Comment: The draft permit relies on information not contained in the record. It does not contain sufficient information to provide the public with a meaningful opportunity to comment and thus is in violation of section 1259(b) of the Vermont Water Pollution Control Act (VWPCA) which states that "any records, reports, or information obtained under thispermit program shall be available to the public for inspection and copying".

The Connecticut Rivet Watershed Council (CRWC) demands that a new public notice and opportunity to comment be issued whicla will conform to the VWPCA and give the public a meaningful opportunity to comment.

The public does not have a fair opportunity to comment where key documents which ANR has relied upon to issue this permit are missing from the record, and have in fact been destroyed.

Response: The documents referred to in this comment are not relevant to this amended permit request. The Agency evaluates each permit application and amendment request for compliance with the applicable state and federal requirements in place at the time of the permit application.

The comment apparently refers to docunents which were issued in 1968 to 1969 by the Water Resources Board. Initially the Agency believed that copies of these documents were destroyed by a fire according to the keeper of the records. However, the 1968 Water Resources Board Final Order of Permit and an October 2, 1969 letter regarding the intake structure were eventually located -andhave been supplied to the commenters. The failure of the Agency to initially produce two documents which are almost forty years old, and predate revisions to the Vermont Water Quality Standards as well as statutory requirements, does not in any way prejudice the public.

12. Comment: The public has not had an opportunity to comment on the information provided by the Environmental Advisory Committee (EAC). The EAC is made up of state and federal representatives. With its limited representation.there is no input from the public; either as members of the EAC or via public hearings. The EAC has provided comments to the ANR relating to the 316a Demonstration Report. These comments have not been made public. The EAC is subject to the Vermont Open Meeting Law. ANR has failed to comply with the Open Meeting Law and has deprived the public of the opportunity to review and comment on the information and recommendations of the EAC on the current draft amendment.

Pago 10 of ! 8 Responsiveness Summary 3-1199 Comment: The EAC is subject to the Vermont Open Meeting law (Title 1, Chapter 5, §312).

Meetings must be open to the public and. minutes must be taken. The public must have access to the minutes.

Comment: The EAC has provided comments to the ANR relating to the 316(a) Demonstration variance.request yet these comments have not been made public. Without this information the public cannot provide meaningful comments on the draft permit.

CRWC requests that the information from the EAC to the ANR be made public and that the comment period be reopened to allow CRWC and the public to comment.

Comment: The EAC was created under the original permit with the responsibility for reviewing the scientific data and to provide technical and policy advice to the ANR and Entergy. With its limited representation (several state and federal agencies) there is no input from the public either as members or via public hearings. The EAC meets with no public notice of their meetings.

There are no 'non-governmental:organizations', no regional planning agencies,. and no potentially affected municipalities represented on the EAC as there should be.

Response: The Environmental Advisory Committee (EAC) is not a public body as defined by 1 V.S.A. §310(3). The statute defines a public body as "any board, council or commission of any agency... or any committee of any of the foregoing boards, councils or commissions..."

Here, the EAC was created as a condition of apermit for the sole purpose of soliciting technical and scientific input from the staff of the Agency and other state and federal agencies and organizations. The participation of staff outside the Agency is purely voluntary, This committee is noi required by any statute or regulation and does not have any regulatory decision or policy.

making authority nor is it required by ary authority for purposeg of securing funding. The EAC does not perform any govemmental function and the ultimate responsibility for determining permit conditions lies with the Agency.

In accordance with I V.S.A. §312(g) there are exemptions to the procedural requiiements and the public's right to attend the meetings of a public agency. Section 312(g) provides that "[r]outine day-to-day administrative matters that do not require action by the public body, may be conducted outside a duly warned meeting, provided That no money is appropriated, expended, or encumbered." EAC activities are focused on the type of day to day work typical for Agency scientific staff; that of reviewing and as.sessing technical and scientific monitoring data in order to determine whether a permittee is in compliance with the applicable state and federal standards. The inclusion of public non-governmental entities and non-scientists in this process would politicize the process of scientific exchange and defeat the purposes of the EAC. Finally, the EAC has no control over the appropriation, expenditure, or encumbrance of public funds.

Although the EAC does not need to comply with the procedural requirements regarding public meetings, the correspondence of the active participants is a matter of public record and is available to the public. The Agency has not withheld any EAC documentation and has upon request, provided members of the public with the opportunity to review'any documentation, including memoranda, notes and e-mails between active members of the EAC and Agency staff.t

Page l1 of 18 Responsiveness Summary 3-1199

13. Comment: EPA regulations require that applicants must use a "representative important species" (RIS) approach to evaluating the effect of the thermal discharge on the biotic community (40 CFR

§125.71(b)). However, the RIS chosen by Entergy is biased in favor of heat tolerant species and does not provide an accurate measure of the impact on the indigenous biological community 40 CFR §125.71 (d)).

Response: The representative important species (RIS) utilized in the 316a Demonstration were selected by the Agency at the suggestion of the Environmental Advisory Committee (EAC). The list, which was.attached in a February 5, 2003 memo from the Agency to Entergy, included those fish selected for the previous 1990 demonstration (Atlantic salmon, American shad, smalilmouth bass, white perch, walleye, yellow perch, and spottail shiner) as well as other species (sea lamprey, largemouth bass, black crappie, and white sucker) to represent the community of resident and anadromous fish present. The inclusion of the four additional species assures representation of both lentic and lotic habitats (i.e. above and below Vernon Dam).

Specifically, for the amendment under onsideration, the EAC reviewed the appropriateness of the six original species for assessing the potential impacts of the proposed temperature limits on the aquatic community recognizing that the existence of the Vernon hydroelectric power station has essentially partitioned the river within the Vermont Yankee project area into two distinct riverine environments, i.e. the upstream impoundment (lentic) and the downstream flowing water section (lotic). Each of these environments is characterized by its own fish community'based on individual species habitat requirements. From a lisl of 33+ species observed within the project area the EAC consulted EPA's 316(a) guidance document to select appropriate RIS representative of different trophic levels within each environment. Consequently, the list of RIS adopted for the current assessment was expanded to two guilds: lentic community (impoundment), including largemouth bass, yellow perch, spottail shiner and white sucker; and lotic community (tailwater), including smallmouth bass, walleye, fallfish and w4hite sucker. American shad and Atlantic salmon were included in both guilds because of their utilization of entire project area during migrations and, in the case of shad, for spawning and juverdle habitats. EPA recommends an appropriate suite of RIS not be less than two or greater than 15 species.

If the RIS appear to over-represent "heat tolerant" species, that is because the greater Connecticut River is dominated by warm water fishes. Past development of the river for hydroelectric generation has been a significant habitat altering force shaping the fish communities that inhabit the river today. During the RIS selection process other species (i.e. American eel and sea lamprey) were also considered but eliminated because they tended to shift community representation to more temperature tolerant species. Atlantic salmon, a cold water species, was included among the RIS.

14. Comment: Section 1-03 C. of the VWQS requires that "high quality waters" be protected and maintained. The Connecticut River has been designated a high quality water. It is also classified as a coldwater fishery. Vermont Yankee's thermal discharge is impairing these waters by reducing available spawning and nursery habitat, interfering with migration of anadromous species, promoting an increase in predation on juvenile shad by heat tolerant species, anddecreasing the abundance of several indigenous species of resident fish.

Response: As pointed out under Respo:se 13., the fish communities of the Connecticut River have been dominated by warm water species preceding the development of the Vermont Yankee K Nuclear Power Station. Nonetheless, the river is a critical seasonal migration corridor for several anadromous fishes, including Atlantic sadmon. The primary reason for the designation of the river

Page 12 of 18 e Responsiveness Summary 3-1199 as a cold water fish habitat is to recognize this important function. The temperature limits as approved by the Agency protect and maintain this function.

15. Comment: While Entergy has documented the decline in the American shad population near Vermont Yankee, they have failed to conduct the laboratory or fieldwork necessary to demonstrate that their thermal discharge is not a cause of this harm.

Response: Based on the data Entergy hEas been requested to collect and analyze, no prior appreciable harm can be found. However, as pointed out under Response #1, the exact cause(s) for the apparent decline in American shad abundance cannot be determined at this time and there is no evidence that the decline is linked to the Vermont Yankee thermal dischaige. There are possible influences on the data gathered such as reduced passage through Turners Falls, a male dominated sex ratio, and the overall regional decline of shad. This apparent reduction in juvenile shad.

production in Vernon pool has exacerbated efforts to sample the population and obtain shad abundance estimates by collection methods used in the past (i.e. electrofishing).

In 2000, the Agency, at the suggestion of the EAC approved significant modification and

expansion ofjuvenile shad monitoring in the pool. Sampling procedures moved from primarily electrofishing and mid-water trawling to beach seining and mid-water trawling. Inconsistency bf collection efforts and resulting abundance indices employed, including spatial (pool versus tailwater) and temporal (pre-2000 versu: post-2000) variations, presents comparative data analysis challenges. Considerable research by the scientific community is needed to increase our general understanding of the thermal effects on shad behavior and physiology. More specific studies are recommended to better assess any impacts of the Vermont Yankee thermal discharge on shad migrating through and out of the project area. Such studies have been recommended by the United States Fish and Wildlife Service, New Hampshire Fish and Game Department, and the Connecticut River Atlantic Salmon Commission.

The discharge permit provides for Entergy to conduct objective-specific studies to investigate and assess thermal effects on the fish community. The Agency recognizes this as an ongoing need to assure balanced, indigenous communities are maintained within the area influenced by the Vermont Yankee thermal discharge. The Agency can and will adjust the Applicant's permit conditions in the future, if necessary, to address any new data regarding impacts on shad.

16. Comment: If Vermont does not grant this permit amendment can the EPA over-ride the decision?

Response: Once the decision is signed and finalized, EPA cannot "over-ride" the final decision.

EPA does review draft permits prepared by Vermont and can file objections to a draft permit if EPA finds the draft permit does not comply with federal law and regulations. The EPA objection process can result in permit issuing authority reverting to EPA if the objections are not adequately addressed. In this case, the Agency is aware that the EPA has reviewed the draft permit and has chosen not to file an objection to its issuance.

17. Comment: At what point downstream cf the discharge will the water temperature be at ambient?

The permit does not meet the intent of the law governing mixing zones because there is no identified length from the point of discharge to the return of the ambient temperature condition.

Response: By "ambient" we understand the commenter to mean the upstream ambient temperature. Where the downstream temperature reaches the ambient upstream temperature will vary depending on specific conditions such as river flow, water temperature, air temperature, etc.

-Page 13 of IS Responsiveness Summary 3-1199 During summer conditions the downstream river temperatures may never equal upstream temperatures, even in river systems unaffected by thermal discharges, because of the strong influence of solar radiation on'river temperatures. During winter conditions however it may be theoretically possible for downstream river temperatures to equal upstream ambient temperatures due to low leVels of solar radiation and the resulting cooling effects of air temperatures. (Also, see responses to mixing zone comments.) However, even during winter conditions the location where the Connecticut River returns to upstrean ambient conditions is highly variable.

18. Comment: Vermont Yankee has made imprudent overuse of historic flow and temperature data in predicting the effects of its proposed temperature increase. CRWC believes that a river temperature of 78°F, which is the high temperature benchmark used by Vermont Yankee, could easily be exceeded in the future given unpredictable temperature extremes. Not only is the weather changing but the ownership of the hydro dams above and below the discharge has changed as well. Where previously Vermont Yankee could make a phone call and plead for additional flow through the Bellows Falls and Vernon dams under an informal arrangement with the previous owner operating from Wilder, Vermont, Entergy would now have to talk to an automated center in Maine that controls flow and the process is much more complicated. We request that the Agency consider this issue further.

Response: It is not correct to say that Entergy must call an automated center in Maine; Entergy still calls staff in Wilder directly as necessary. Provided that Entergy continues to meet the requirements dictated by their discharge permit, the Agency is satisfied with the, arrangement Entergy has with the dam's owner.

19. Comment: WRC staff contacted ANR staff seeking technicalinformation. We were informed that Agency personnel wouldn't respond to t-.chnical questions during the public comment period. This makes providing informed comment difficult.

Response: In order to ensure an open and unbiased process, the Agency does not discuss issues relating to a draft permit or hold 'cosed door meetings' with individuals or a limited number of participants during the public notice period. This period of time (not less than 30 days) is an opportunity for interested parties to provide comment for consideration in an equal manner, either as verbal comments during the public hearing or as written comments during the duration of the public comment period.

20. Comment: Is the 'Trend Analysis' section in the proposed permit new or revised? What is its significance?

Response: It is a new requirement of the permit. During the Agency's review of the 3,16a Demonstration it was requested that the Applicant provide a time series trend analysis with respect to collection of fish and macroinvertebrates. The analysis was completed as part of the Demonstration. In order for future analyses to be consistent with the trend analysis used in the Demonstration, the Agency included the analysis as a new specific requirement in the permit.

21. Comment: Further warming of the river will be worse for the environment. Economic gain (i.e.

minimizing the costs of operating the cooling towers) for project proponents is not adequate grounds for the Agency to permit degradation of water quality by allowing this increase in thermal limits.

Page 14 of 18 Responsiveness Summary 3-1199 Comment: The permit amendment is wumecessary. Vermont Yankee wants to use the river rather than the cooling towers. There is no compelling reason stated in the application, other than a tiny increase in revenue, which requires Entergy to seek permission to increase the temperature and frequency of its discharges to the river..

Response: The issue'at'hand is not whether the permit amendment is necessary or unnecessary.

Section 316(a) of the.Clean Water Act 231ows an increase "whenever the owner or operator...can demonstrate to the satisfaction of the Administrator (or, if appropriate, the State) that any effluent limitation proposed for the control of the thermal component of any discharge from such source will require effluent limitations more stlingent than necessary to assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on the body of water into which the discharge is to be made, the Administrator (or, if appropriate, the State) may impose an effluent limitation under such sections for such plant, with respect to the thermal component of such discharge (taking into account the interaction of such thermal component with other pollutants), that will assure the protection and propagation of a balanced, indigenous

.population of shellfish, fish, and wildliff in and on that body of water." The Agency has made a determination that the permittee has demonstrated to the satisfaction of the Agency that the previously permitted thermal effluent limitations during the period of June 16 through October 14 are more stringent than necessary to assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on the body of water into which the discharge is to be made.

22. Comment: I question whether the Agency is making political decisions at the influence of the governor with regard to this amendment. My concern is whether this is a political decision rather than a scientific decision.

Response: The increase of 10 F above the existing thermal limits is based on the technical and scientific data-submitted in the application and reviewed by an independent third party consultant for the Agency (Versar, Inc.), Agency staff, and EAC members representing other governmental jurisdictions (federal and State of New Hampshire).

23. Comment: The Connecticut River Atlantic Salmon Commission (CRASC) is concerned about the impacts of proposed thermal discharges on the restoration of American shad, Atlantic salmon, sea lamprey, and American eel. We are also concerned relative to potential impacts to migration of juvenile Atlantic salmon, American.shad, and sea lampreys during the period May 16 through June 30 and juvenile shad during the period September I to October 14. Entergy has not demonstrated that the proposed discharges will protect these fish.

Atlantic salmon smolts migrate downstream past Vermont Yankee from early April through mid-June. Smolts are undergoing physiological changes during migration to adapt to salt water.

Research in the Connecticut River has shown that smolts exposed to high temperatures loose their salinity tolerance and other smolt characteristics, which negatively impacts their survival.

Additionally,' migration delays due to high water temnpratur; avoidance could also decrease the number of smolts successfully reaching the ocean. The existifig thermal discharges may be harnfid to smolts and any increase in temperature could exacerbate this situation. Without studies specifically designed to evaluate the conditions at Vermont Yankee, and until we now otherwise, the Commission cannot support a 1o F increase in temperature.

Comment: Adult American shad migra-e to the VT/NH portion of the Connecticut River from mid-May to late June and spawn when water temperatures are near 700 F. Research has shown that

Page 15 of 19 Responsiveness Summary 3-1199 shad migrations and spawning are strongly influence by temperature. Incieases in temperature cause the shad to expend their energy reserves resulting in higher mortality or interruption to their migration. Further increases in temperature could impact shad energetics migration. Juvenile shad spend the summer in the Vernon pool before migrating to the ocean in fall. Thermal discharges during fall are also a concern because of'possible impacts to behavior and physiology during out migration.

Response: The Agency shares CRASC's concerns and has taken the position not to approve the 1I increase during the May 16-June 15 period requested by.Entergy. In fact any future evaluation of the proposed limits will need to be based on predictive analyses following the pending two-year smolt out-migration study (objective specific study) required of Entergy by the Agency. Past smolt

-studies were conducted largely to address passage issues associated with Vernon dam and hydroelectric operations there. Additionally, no up-to-date studies evaluating possible affects of VY's permitted discharge on smolt behavior and physiology have been conducted. The May 16-June 15 period is consistent with the smolt out-migration window identified by CRASC and the fishery agencies and is the period the hydroelectric companies on the Connecticut River are held to for providing downstream migrating smolt passage. These dates also encompass the median dates when 95% of the upstream passage of shad (June 15) and sea lamprey (June 13) are expected to occur at the Vernon ladder based on a 12-year passage history (1990-2001). The earliest and latest 95% end point dates for shad was June 2.and June 29, respectively. Similar endpoints for lamprey fell within these dates. On average over the same years 82% and 81% of the season total shad and lamprey passage, respectively, has occurred by June 15.

The juvenile shad out-migration issue for the September 1-October 14 period is more challenging due to the lack of site specific data and the inherent problems with assessing in situ juvenile shad behavioral and physiological responses to the current and proposed temperature limits.

Observations reported by O'Leary and Kynard (1986) suggest the proposed temperature limits could delay the onset and duration of'juvenile shad out-migration from Vernon and Turners Falls pools. By how much has not been quantified nor whether the delay is substantial enough to reduce fish survival dlue to thermal effects before entering the estuary. No doubt additional information is needed to fully evaluate the impacts of current and proposed temperature limits on shad out-migration and survival. Unlike salmon smolts for which there is an abundance of information and accepted'study protocols, shad are a fish species that are currently difficult to study and scientists are working to increase our general knowledge of these fish.

As outlined in the final permit cover lett.-r to Entergy and in Response-.15, the Agency will require an objective specific study relative to juvenile shad outmigration. The EAC will identify the necessary objective-specific study Entergy needs to conduct to evaluate the thermal effects of the discharge on juvenile shad behavior and survival. The Agency will continue to adjust the terms of the Applicant's permit as necessary, to address any new data regarding impacts to shad. However, based on the data Entergy has been askedl to collect and analyze, no prior appreciable harm can be found.

24. Comment: The documentation provided to date by Entergy and existing research-is insufficient to document that the proposed temperature increase of IVF during the period of June 16 through October 14 will not harm anadromous fish. Further studies of the effects of temperature increases on Atlantic salmon and American shad are necessary before any change in the thermal discharge is approved.

Page 16 of IS Responsiveness Summary. 3-1199 Response: Based on the data collected and analyzed by Entergy, the Agency has concluded that no prior appreciable harm has been demonstrated. As stated previously the Agency, with input from other fishery agencies, will be reviewing and adjusting Entergy's permit monitoring requirements as necessary during the penmit renewal period(s) such that the resulting data and its presentation have greater statistical power to detect any changes that may be occurring in the RIS populations and fish community at large. Also, Entergy is required to conduct objective-specific fish studies to better assess issues affecting salmon and shad.

25. Comment: CRASC would like the opportunity to review and comment on future study designs and reports related to diadromous fish impacts associated with the operation of Vermont Yankee.

Response: As with any draft permit issued by the Agency CRASC and other members of the public are welcome to review the Agency's files which are public information and submit documentation to the Agency. The Agency maintains an electronic notice bulletin board with a listing of all permit applications. With respectto the special studies language in the permit (assuming this is what CRASC is referring to with the words "liTture study designs"), the EAC defines and recommends special studies as is deemed appropriate and, if the Agency concurs, it will require that the permittee complete these studies. It is the Agency's understanding that key fishery agencies represented on EAC, and providing advice to this Agency on the issue of anadromous fish, are also members of CRASC (VTDFW, NHDFG and USFWS) and therefore the issues raised by these agencies would be'the same or similar to those held by CRASC. However if CRASC has particular suggestions regarding future studies, in addition to those raised by th6 EAC, CRASC can submit the suggestions to the.Agency. The Agency will consider forwarding any suggestions to the LAC for their review.

26. Comment: The permit should acknowledge the pending uprate and 20% increased heat. Falsely segregating the permit amendmefit and Vermont Yankee's extended power uprate (EPU) is tantamount to mischaracterizing the amendment in order.to avoid EPA strictures against increased use of once-through cooling. EPA has engaged in Clean Water Act, Section 316 rule making over the past few years that seeks to move power plants, especially new construction, away from once-through cooling and toward best practices, based on least impact. Entergy has made significant modifications to the facility and it is the~refore, in a sense, all new and should be approached for purposes of discharge regulation as a rebuilt or new facility.

Response: The permittee has indicated that their request for a 10 F increase in thermal limits is requested regardless of the outcome of the uprate request from the Public Service Board. The -

increase will allow decreased use of the cooling towers during the period of time June 16 through October 14. The 316(a) regulation including §40 CFR Part 125, Subpart H does not include language that "seeks to move power plants, especially new construction, away from once-through cooling and toward best practices, based on least impact". (Because the commenter does not specifically cite a regulation the Agency can only assume the commen*ter is referring to Section 316(a) of the Clean Water Act and its supporting regulation at .§40 CFR Part 125, Subpart H which does not differentiate between 'new' and 'existing' facilities.)

27. Comment: Increase of once-through cooling will increase the discharge volume of chemical and radiological pollutants 'without: 1) investigatibn and assessment of concentrations at the point of discharge and across the mixing zone; 2) investigation and assessment of bio-accurnulation in the river environment; and 3) demonstration or exploration of alternatives and competing cost-benefit analyses.

Page 17 of 18 Responsiveness Sumnmary .3-1199 Response: The permit identifies the chemicals that the facility may discharge and their maximum concentrations (see Discharge Permit 3-1199, Part I.A.15.). Any proposed increase in dosage rate or a substantial change in the chemicals identified must be reviewed and approved by the Agency to assure that no adverse impact will occur. There is no proposed change in chemicals or the amounts to be used with this permit amendment.

28. Comment: Vermont Water Quality Stardards, as established in policy under Section 1-03.B. have not been met. The monitoring station is 0.65 miles below the dam. Migrating fish are likely to encounter less homogenized water flow at the dam and fish ladder where water is not thoroughly temperature blended. This water is apt to pour over the dam as a warm water lens and upset spawning behaviors or-stop migration altogether.

Response: It has been Entergy's contention, based on their professional judgment, that complete thermal mixing occurs in the Vernon Dam tailrace waters; however, the 316a Demonstration Report provides no data to substantiate this conclusion. At the insistence of the fishery agencies, Entergy submitted, for Vermont Fish and Wildlife Department review, water temperature data for the period of May 16-October 14, 2004 collected from the Vernon tailwater (under memorandumrr to VFWD, March 31, 2005). The dataset consisted of measurements recorded at 7 out of the 12 monitoring sites distributed among four transects located within a 1.5 mile reach situated immediately downstream of the dam. Bccause the loss of specific sampling stations in part or entirety, especially sites.nearest the dam, the dataset does not provide a complete representation of conditions throughout the tailwater. Nonetheless, review of the available data (over 300,000 individual measurements) did not reveal any significant temperature variations outside the accuracy limits of the thermistors and fell within the range of natural variation. The available data indicate fairly uniform mixing of water column temperatures from top to bottom. The magnitude of elevated river temperature changes and extent to which the thermal plume continues downriver below Station 3 is of interest to the fishery agencies because of the possible influence it may have.

on anadromous fishes. This will be an information need the fishery agencies will likely consider as part of a study protocol in the future.

29. Comment: It has not been demonstrated. that High Quality Waters, as assumed for the Connecticut River, will not be degraded in violation of the Water Quality Standards, Section 1-03.C. The Agency claims that "The possible additive or synergistic effects of the pollutants associated with the activity...re insignificant.." This is not supported by sampling, laboratory, or theoretical data.

An analysis of the discharge of chlorinated or bromated organic matter has not been provided.

Response: The Agency's finding that the Anti-Degradation provisions of the Vermont Water Quality Standards have been met is supported by the Anti-Degradation Policy Analysis submitted by Entergy which in turn is supported by the 2004 Demonstration Study and the 2003 Hydrothermal Modeling Study. Additionally the analysis of biocide (bromine and chlorine) concentration discharged from the Vermont Yankee facility has been a permit requirement for many years and is conducted on a daily basis during periods of use. Likewise standards establishing discharge limitations on these chemicals have been included in the permit for many years. No increases in these effluent limitations have been proposed as a result of Entergy's request to increase its thermal discharge.

30. Comment: Consideration of the impact of the cooling water intake structure (CWIS) is required by EPA regulation in considering a-power plant discharge application. No documents recording authorization of the CWIS are available thus concerned citizens as well as regulators are denied the means to assess the impact of the CWIS and operation as it pertains to this permit. "

Page 1.9 of 18 Responsiveness Surmmary. 3-1199 U Comment: The amendment does not appear to quantify acceptable levels or anticipated levels of entrainment or river biota. Therefore, it cannot claim that no harm will result from the amended discharge.

Comment: The amendment does not appema to quantify acceptable levels or anticipated levels of impingement or river biota; nor does it make any claims as to .effects of the projected increase of water temperature and the presence of biocides and other discharged chemicals on biota at the screens. Therefore, it cannot claim that no harm will result from the amended discharge.

Response: The impact of entrainment and impingement by the Vermont Yankee facility on the biological community is demonstrated by the historical and on-going biological monitoring in the Connecticut River and by historical and on-going monitoring specifically targeting impingement and entrainment. As stated in the Agency's response to Comment 2., monitoring of the biological community by its very nature reflects the cumulative impacts of all environmental stressors, including impingement and entrainment. Based on that monitoring record and the information provided in the 2004 Demonstration Study the Agency has concluded there is a balanced indigenous population present in the area of the discharge.

Specific monitoring of the Vermont Yankee intake structure targeting entrainment and impingement of all trophic levels of the biological community has been a requirement of the discharge permit since 1978. That data does not support the conclusion that either entrainment or impingement has a measurable adverse impact on the biological community. In fact entrainment monitoring of planktonic organisms was discontinued in 1995 because historical monitoring had demonstrated impacts were not sufficient to warrant additional monitoring. Pursuant to recently adopted EPA 316(b) regulations, Entergy will be required to complete a comprehensive demonstration study on the cooling water intake structure with respect to impingement and entrainment as part of its permit renewal.

With respect to the discharge of biocides as stated previously the permit contains effluent limitations and requirements which regulate the discharge of biocides and other chemicals and which have proven effective in maintaining a balanced indigenous population. These limitations and requirements remain in effect and have not been increased or changed as a result of Entergy's permit amendment request.

31. Comment: We question the extent to which the Vermont Water Quality Standards apply to the Connecticut River which is not solely a water of the State of Vermont. The discharge affects New Hampshire's waters and so the NH Water Quality Standards also apply.

Response: During the multi-year application review process, staff from the state of New Hampshire's Fish and Game Department and, to a lesser degree, staff fromn the Department of Environmental Services were involved in the process. The New Hampshire staff were relied upon by this Agency to represent their respective departments with any concerns regarding state (and federal via the Fish and Wildlife Service) regulations pertaining to NH waters. (Vermont has no authority to enforce other states' regulations). In addition, Versar, Inc., the Agency's independent consultant who was hired to review the 3 16a Demonstration, also evaluated the Demonstration for compliance with the applicable regulations.

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ML061730280

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ML061730280

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Dear Ms DeWald:

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