ML18323A206

To Cimarron Facility Decommissioning Plan, Appendices H-I

ML18323A206
Person / Time
Site:	07000925
Issue date:	10/31/2018
From:	Environmental Properties Management
To:	Office of Nuclear Material Safety and Safeguards
Shared Package
ML18323A197	List: ML18323A193 ML18323A195 ML18323A196 ML18323A198 ML18323A199 ML18323A200 ML18323A202 ML18323A203 ML18323A204 ML18323A205 ML18323A206 ML18323A207 ML18323A208 ML18323A209 ML18323A210 ML18323A211
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Download: ML18323A206 (55)

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OKLAHOMA DEPARTMENT OF ENVIRON/.\\ENTAl QUALITY scon A. THOMPSON Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY August 23, 2017 Jeff Lux, Project Manager Cimarron Environmental Response Trust 615 N. Hudson suite #200 Oklahoma City, OK 73102 Re:

OPDES New Application, DEQ Permit No. OKO 100510 Cimarron Environmental Remediation Site, Logan County, Oklahoma Facility ID No. 1-42000560

Dear Mr. Lux:

MARY FALLIN Governor Your industrial wastewater treatment system Permit is enclosed. The effective date and the expiration date of this Permit appear on the cover page. The permit was publicly noticed on July 26, 2017 (in newspaper),

and July 7, 2017 (by DEQ). DEQ received no comments on the draft petmit.

On October 22, 2015, the EPA published the "National Pollutant Discharge Eliminations System (NPDES) Electronic Repo1ting" final rule, with an effective date of December 21, 2015, which requires the electronic reporting and sharing of Clean Water Act National Pollutant Discharge Elimination System (NPDES) program information. Under the final rule, NPDES-regulated entities are required to submit NPDES program data to the designated initial recipient, as defined in 40 CFR 127.2(b). For this rule, the term "initial recipient" means the governmental entity, either the state or EPA, who first receives the electronic NPDES program data listed in Appendix A to 40 CFR part 127.

DEQ has developed or is developing electronic systems so that NPDES-regulated entities can submit the required electronic DMRs and other repo11s to DEQ as the initial recipient. Please see Part I, Section C and III.E.4 of your permit for electronic reporting requirements. Instructions on how to access and use the appropriate electronic repo11ing tool can be found on DEQ's website at http://www.deq.state.ok.us/wqdnew/ereporting/index.html. Assistance is also available by contacting DEQ at (405) 702-8100 or deqreporting@deq.ok.gov.

Should you have any questions regarding the final Authorization, please contact the Industrial Permits Section at the letterhead address or telephone ( 405) 702-8100. Should you have any questions regarding compliance with the conditions of this Permit, please contact the Industrial Enforcement Section at the same address and phone number.

Sincerely, co.A~ P~

Carol Paden, P.E., Manager Industrial Permits Section Water Quality Division CMP/TJW /tlj WTC/SL TI ARILD Enclosures 707 NORTH ROBINSON, P.O. BOX 1677, OKlAHOMA CITY, OKlAHOMA 73101-1677 printed on recycled paper with soy ink 0

AUTHORIZATION TO DISCHARGE UNDER THE OKLAHOMA POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NUMBER: OK0100510 ID NUMBER: 1-42000560 In compliance with the Oklahoma Pollutant Discharge Elimination System (OPDES) Act, 27A O.S. §2-6-201 et seq.,

Oklahoma Uniform Environmental Permitting Act, 27A O.S. §2-14-101 et seq., and the rules of the Oklahoma Department of Environmental Quality promulgated thereunder, Cimarron Environme,ntal Response Trust 9400 Ward Parkway, Kansas City, MO 64114 is authorized to discharge from their facility, located in the:

NE Y4, Section 11 & S Yi, Section 1 & NYi Section 12, Township 16N, Range 4W IM, Logan County, Oklahoma or at 100 North Highway 74, Guthrie, OK 73044 to receiving waters identified as: Cimarron River, stream segment 620910, Water Body ID OK620910010010, in Logan County, Oklahoma from:

from:

Outfall 001 :

Latitude 35° 53' 16" N, Longitude 97° 35' 05" W (GPS: NAD83)

NWY4, SWY4, SWY4, Section 1, Township 16N, Range 4W IM, Logan County, Oklahoma Outfall 002:

Latitude 35° 53 ' 18" N, Longitude 97° 34'15" W (GPS: NAD83)

NWY4, SEY4, SEY4, Section 1, Township 16N, Range 4W IM, Logan County, Oklahoma in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III, hereof.

Issuance of this permit in no way or in any respect affects the permittee's civil or criminal responsibility regarding disposal and/or discharges of wastewater, except with respect to the permittee's legal responsibility under the OPDES Act and Department Rules.

This is a new Permit.

This permit shall become effective on September l, 2017.

This permit and the authorization to operate the disposal system shall expire at midnight, on August 31, 2022.

Permit No. OK0100510 ID No. 1-42000560 Page 2 Part I This is to certify that the wastewater discharges set forth in this permit comply with the requirements of Oklahoma's Water Quality Standards, as amended, provided the permittee does not exceed th<:< effluent limitations set forth in this permit.

Issued this~ day of August, 2017.

For Oklahoma Department of Environmental Quality, Carol Paden, P.E., Manager Industrial Permits Section Water Quality Division ellie R. Chard, Director Water Quality Division

Permit No. OK0100510 ID No. I-42000560 PART I EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Outfalls 001 & 002 Limitations, Reporting Requirements and Monitoring Page 3 Pait I During the period beginning the effective date and lasting through the expiration date, the permittee is authorized to discharge from Outfalls 001 & 002. The discharge will consist of groundwater that has been treated for Uranium, Nitrate, and Fluoride. Such discharge shall be limited and monitored by the permittee as specified below:

Effluent Limitations - Outfalls 001& 002 DISCHARGE LIMITATIONS MASS LOADING LIMITS CONCENTRATION LIMITS PARAMETERS (lbs/day unless otherwise specified)

(mg/L unless otherwise specified)

MONTHLY DAILY MONTHLY DAILY AVERAGE MAXIMUM AVERAGE MAXIMUM Flow Report (MGD)

Report (MGD)

STORET: 50050 Uranium (ug/L)

NIA NIA Report 30 STORET: 28012 Fluoride NIA NIA Report 10 STORET: 00951 Nitrate NIA NIA Report 10 STORET: 00620 Manganese, total (mg/L)

NIA NIA NIA Report STORET: 01055 Chromium, total (ug/L)

NIA NIA NIA Report STORET: 01034 Copper, total (ug/L)

NIA NIA NIA Report STORET: 01042 Lead, total ( ug/L)

NIA NIA NIA Report STORET: 01051 Mercury, total (ug/L)

NIA NIA NIA Repo1i STORET: 71900 Selenium, total (ug/L)

NIA NIA NIA Report STORET: 01147 Thallium, total (ug/L)

NIA NIA NIA Report STORET: 01059 Zinc, total (ug/L)

NIA NIA NIA Repo1i STORET: 01092 Cyanide, total (ug/L)

NIA NIA NIA Report STORET: 00720 pH NIA NIA between 6.5 and 9.0 s.u.

STORET: 00400

Permit No. OK0100510 ID No. 1-42000560 PARAMETERS Flow Uranium Fluoride Nitrate Manganese, total Chromium, total Copper, total Lead, total Mercury, total Selenium, total Thallium, total Zinc, total Cyanide, total pH

• When discharging.

Monitoring Requirements MEASUREMENT FREQUENCY

• Continuous 2/month 2/month 2/month 1/month a 1/month a 1/month a 1/month a 1/month a 1/month a 1/month a 1/month a I/month a 2/month SAMPLE TYPE Estimate Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Page4

' Pait I

• Fourth year of the permit only, 10 samples needed, Fact Sheet page 27.

NOTE: See Parts II and III for Additional Requirements.

There shall be no discharge of a visible sheen of oil or globules of oil or grease on or in the water. Oil and grease shall not be present in quantities that adhere to stream banks and coat bottoms of watercourses. Surface waters of the State shall be maintained free from oil and grease and taste and odors. There shall be no discharge of floating solids or visible foam in other than trace amounts. The discharge shall not contain chemical, physical, or biological substances in concentrations that are irritating to skin or sense organs or are toxic or cause illness upon ingestion by human beings.

Samples for Outfall 001 taken in compliance with the monitoring requirements specified above shall be taken at the following location:

Outfall 00 I :

In the Western Treatment building, from the valve, near the effluent tank, in the pipe that transfers wastewater to the outfall. NElf.i, SWlf.i, NWlf.i, Section 12, Township 16N, Range 4W IM, Logan County, Oklahoma, or at Latitude 35° 52' 54"N, Longitude 97° 34' 54"W (GPS:

NAD83).

Samples for Outfall 002 taken in compliance with the monitoring requirements specified above shall be taken at the following location:

Outfall 002:

In the Burial #1 Treatment building, from the valve, near the effluent tank, in the pipe that transfers wastewater to the outfall. NWlf.i, NElf.i, NElf.i, Section 12, Township 16N, Range 4W IM, Logan County, Oklahoma, or at Latitude 35° 52' 5 l"N, Longitude 97° 34' 51 "W (GPS:

NAD83).

Permit No. OKO I 00510 ID No. 1-42000560 Page 5 Part I SECTION B. BACKGROUND MONITORING REQUIREMENTS-OUTFALL 999 (UPSTREAM)

The following parameters shall be monitored in the Cimarron River at a point immediately upstream of Outfall 001, but not affected by the discharge.

Background Monitoring Requirements - Outfall 999 CONCENTRATION LIMITATIONS PARA.METERS

(µg/L, unless otherwise specified)

.MEASURE.MENT SAMPLE TYPE MONTHLY AVERAGE DAILY MAXIMUM.

FREQUENCY Total Mercury Report Repo11 11 month Grab STORET:71900 Total Thallium Report Report 11 month Grab STORET: 01059

<1> Background requirements are established in this permit for the purpose of collecting 12 data points only. Monitoring shall be perfo1med for twelve (12) consecutive months starting three and half years into the permit.

SECTION C. SCHEDULE OF COMPLIANCE The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: None.

SECTION D. REPORTING OF MONITORING RESULTS Monitoring results shall be reported in accordance with the provisions of Patt ill.E.4 of the petmit. Monitoring results obtained during the previous month shall be summarized and electronically reported on an electronic Discharge Monitoring Report (eDMR) fotm due to the Oklahoma Department of Environmental Quality, Water Quality Division, Wastewater Compliance Tracking Section no later than the 15 1

" day of the month following the completed monthly test. If no discharge occurs during the repo11ing period, an eDMR form stating "No Discharge" shall be electronically submitted according to the above schedule.

Instructions on how to register as a Preparer or Signatory for eDMRs, as well as how to prepare and submit eDMRs, can be found on DEQ's website at http://www.deg.state.ok.us/wgdnew/ereporting/index.html. Assistance is also available by contacting DEQ at ( 405) 702-8100 or degreporting@deg.ok.gov.

The first report is due on October 15, 2017.

Permit No. OKO 100510 ID No. I-42000560 A. REGULATORYNOTICE PART II OTHER PERMIT REQUIREMENTS Page 1 Part II The permittee is hereby given notice that this permit is in all respects subject to compliance with and actions under any and all applicable and relevant terms, conditions, provisions and requirements, and any and all amendments of the laws of the state of Oklahoma, the rules of the Oklahoma Department of Environmental Quality, and Oklahoma's Water Quality Standards. The absence of any express reference within this permit of any particular statutory requirement, rule(s), regulation(s), or standard(s) shall in no respect be deemed or construed to exempt or preclude the application of such requirement, rule(s), regulation(s), or standard(s) to this permit or the permittee. By the Director's approval, grant and issuance of this permit, permittee acknowledges receipt of true, correct, and current copies of Oklahoma's Water Quality Standards, and the rules of the Oklahoma Department of Environmental Quality, provided, however, that permittee fmther acknowledges that any and all amendments thereto shall become part of this permit.

B. REOPENER CLAUSE This permit may be reopened for modification or revocation and reissuance to require additional monitoring and/or effluent limitations where actual or potential exceedances of state water quality criteria are determined to be the result of the permittee's discharge to the receiving water(s), or a Total Maximum Daily Load is established for the receiving stream(s), or when required as technology. Modification or revocation and reissuance of the permit shall follow regulations listed at 40 CFR 124.5.

C. LABORATORY CERTIFICATION All laboratory analyses for the parameters specified in this permit must be performed by a laboratory certified by the Oklahoma Department of Environmental Quality for those parameters.

D. ANALYTICAL REQUIREMENTS Unless otherwise specified in this permit, effluent and/or upstream monitoring shall be conducted according to analytical, apparatus and materials, sample collection, preservation, handling, etc., procedures listed at 40 CFR Pa11 136 in effect on the effective date of this permit. Appendices A, B, and C to 40 CFR Part 136 are specifically referenced as part of this requirement. Amendments to 40 CFR Pait 136 promulgated and incorporated by reference into OAC 252:606 after the effective date of this permit shall supersede these requirements as applicable.

E. SURF ACE IMPOUNDMENT REQUIREMENTS Not applicable since there are no surface impoundments located at this facility.

F. LAND APPLICATION Not Applicable

Permit No. OK0100510 ID No. 1-42000560 G. OTHER DISPOSAL METHODS Page 2 Part II Solids, sludges, filter backwash or other pollutants removed that are regulated by the Nuclear Regulatory Commission or the Land Protection Division of DEQ shall be recorded to their standards.

Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewater, regulated by Water Quality Division, shall be disposed of in a state approved industrial waste disposal site or to a company for recycling.

If any such industrial wastes are removed from the facility, the permittee shall keep accurate records on site, which include the following information:

a.

Name and address of company hauling waste.

b.

The type and amount of waste hauled.

c.

The final disposal site of waste hauled.

Upon request, the above records shall be made available to the staff of the Department for inspection, review, and copying. Records will be kept for five years.

FACT SHEET FOR THE DRAFT AUTHORIZATION TO DISCHARGE TO WATERS OF THE UNITED STATES UNDER THE OKLAHOMA POLLUTANT DISCHARGE ELIMINATION SYSTEM (OPDES).

Permit Number:

Facility ID Number:

Applicant:

Issuing Office:

Prepared By:

Date Prepared:

Reviewed by:

OK0100510 1-42000560 Cimarron Environmental Response Trust 9400 Ward Parkway, Kansas City, MO 64114 Oklahoma Department of Environmental Quality Water Quality Division 707 N. Robinson P.O. Box 1677 Oklahoma City, OK 73101-1677 Torrie Wale Industrial Permits Section Water Quality Division July 11, 2016 Carol Paden, P.E., Manager Industrial Permits Section Water Quality Division Michael Moe, P.E., Engineering Manager Wastewater Group Water Quality Division In accordance with 40 CFR 124.8 and 124.56, this fact sheet describes the applicant's facility operation and sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. Also set forth are any calculations or other necessary explanations of the derivation of specific effluent limitations and conditions, including citations to applicable effluent limitation guidelines or performance standards as required by 40 CFR 122.44. In accordance with 40 CFR 122.44(1), proposed permit limits for reissued permits are based on the more stringent of applicable technology-based limitations, applicable water quality-based limitations, or limitations in the previous permit.

Citations to 40 CFR refer to promulgated regulations listed at Title 40, Code of Federal Regulations. Citations to OAC 252 and OAC 785 refer to promulgated regulations listed at Titles 252 and 785, Oklahoma Administrative Code.

Permit No. OK0100510 Facility ID No. I-42000560 I. PERMITTING BACKGROUND Fact Sheet A. CHRONOLOGY OF PERMITTING ACTIVITIES The following is a chronology of permitting activities leading up to the issuing of this pe1mit.

2"d Site Visit Comments Received Draft Permit Courtesy sent Full NOD response NOD for application page corrections sent Full NOD response NOD sent Administrative complete letter sent to applicant.

Meeting with EPM, ODEQ WQD, ODEQ LPD, and Burns McDonald.

Page 2 04/13/2017 03/17/2017 02/21/2017 01/19/2017:

09/23/2016:

09/12/2016:

08/09/2016:

08/09/2016:

08/03/2016:

06/16/2016:

Meeting with EPM, ODEQ WQD, ODEQ LPD, NRC, Kurian, Enercon, and Bums &

McDonnell.

06/15/2016:

06/14/2016:

05/26/ 2016:

Meeting with EPM, ODEQ WQD, ODEQ LPD, NRC, Kurion, Enercon, and Burns &

McDonnell.

Site visit conducted.

OPDES permit application (Fo1ms 1 and 2D) received.

B. PROPOSED PERMITTING ACTION It is proposed that the OPDES Permit No. OK0100510 be issued for a five year term in accordance with regulations promulgated at 40 CFR 122.46(a) and OAC 252:606-l-3(b).

II. APPLICANT ACTIVITY A. DESCRIPTION AND LOCATION OF FACILITY The site consists of approximately 700 acres. The main office of the facility is located in the NE\\14, Section 11, Township 16N, Range 4W IM, Logan County, Oklahoma or at 100 North Highway 74, Guthrie, OK 73044.

The facility covers SYi Section 1, Township 16N, Range 4W IM and NYi Section 12, Township 16N, Range 4W. The Western Area and Burial Area #1 treament buildings are in Section 12 and Outfalls 001 and 002 are in Section 1. The SIC code for remediation activity is 4959.

Formerly the Kerr-McGee Corporation, Cimarron Fuel Fabrication Site where uranium and mixed oxide fuels for nuclear reactors were fabricated from 1965-1975. Kerr-McGee began decommissiong efforts in 1976, Cimarron Corporation became responsible for the site in the 1990s, Tronox Incorporated became responsible for the site in 2005 but filed for bankruptcy in 2009. Cimarron Environmental Response Trust assumed responsibilities for decommissioning in 2011. The site currently is licensed by the NRC for contaminated groundwater with uranium levels above release criteria.

B. WASTEWATER GENERATION AND TREATMENT

1. Process Wastewater Once operations begin the groundwater will be treated for Uranium, Nitrate, and Flouride. The site consists of two treatment areas, the Western Treatment Area is east of the facility buildings on the western half of the site.

Burial Area 1 resides east of the Western Treatment Area in the n01theast section of the site.

Cimarron Environmental Remediation Site

Permit No. OKO 100510 Facility ID No. I-42000560 Western Treatment Area Orange - 1206 area drainage Purple - burial area 2 Blue - the old uranium ponds location Yellow - bluff Green - bluff trail Brown & Pink - flood plain Groundwater Solid red line - Uranium :::>: NRC Dashed red line - Uranium :::>: MCL Solid green line - Nitrate :::>: 52 mg!L Dashed green line - Nitrate :;:.: 22.9 mg/L Solid orange line - Flouride :::>: 4 mg!L Fact Sheet Page 3 1

flgu" 8-2

~

-:~

I.

Groundwater Solid red line - Uranium :::>: NRC Dashed red line - Uranium:::>: MCL The western treatment area groundwater is being treated for uranium, nitrate, and fluoride. The area consists of six sections, the treatment building is located south of the bluff where the uranium ponds were located when the facility was in operation. Treated water is injected in the old pond location, 1206 drainage area, and burial area 2 to push the flow of contaminted groundwater towards the Cimarron River. Groundwater is extracted from the floodplain n011h of the bluff to capture contaminated groundwater in the floodplain near the bluff, as well as contaminated groundwater discharging to the floodplain from the upland area. Treated groundwater is released into the Cimarron River at Outfall 001.

Groundwater in burial area #1 is only being treated for uranium, and like the western area, water is injected to encourage contaminated groundwater to flow towards the river so it can be extracted for treatment. Treated groundwater is released into the Cimarron River at Outfall 002.

Cimarron Environmental Remediation Site

PennitNo. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 4 III. DISCHARGE INFORMATION A. DISCHARGE LOCATION Outfalls to Surface Waters Outfall Location Receiving Stream Legal Description Latitude - Longitude NWY-i, SWY-i, SWY-i N 35° 53' 16" 001 Sect 1, Tl6N, R4W IM w 97° 35' 05" Cimarron River Logan County, Oklahoma NWY-i, SEY-i, SEY-i N 35° 53' 18" 002 Sect 1, Tl6N, R4W IM w 97° 34' 15" Cimarron River Logan County, Oklahoma B. DISCHARGE DESCRIPTION AND CHARACTERISTICS I

Effluent characteristics ai*e summarized below based on information provided in the permit application, the facility has not yet begun discharging so no DMR data is available. A quantitative and qualitative description of the discharge(s) described in the permit application is available upon request for review.

1. Outfall 001 The discharge from Outfall 001 consists of treated wastewater as described paii II.B. I.

a. DMRData No data is available; the facility has not staiied operating.

b. ODEQ Application Data Effluent Flow (MGD)

Outfall Frequency of Type of Daily Average Daily Max Discharge Measurement 001 Continuous Estimate

.358

.658 Conventional, Non-Conventional, and Priority Pollutants Parameter No. of Daily Maximum 1 Analyses Concentration (mg/I)

Mass (lb/day)

Fluoride 1

<4

<22 Nitrate-Nitrite 1

<11

<61 Uranium 1

<30 ug/l ODEQ apphcat1on data, Fo1m 2D.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560

2. Outfall 002 Fact Sheet The discharge from Outfall 002 consists of treated wastewater as described part 11.B.2.

a. DMRData No data is available; the facility has not started operating.

b. ODEQ Application Data Effluent Flow (MGD)

Outfall Frequency of Type of Daily Average Discharge Measurement 002 Continuous Estimate

.1440 Conventional, Non-Conventional, and Priority Pollutants Page 5 Daily Max

.2419 Parameter No. of Daily Maximum 1 Analyses Concentration (mg/I)

Mass (lb/day)

Fluoride 1

<4

<9 Nitrate-Nitrite 1

<11

<23 Uranium 1

<30 ug/l l ODEQ apphcat1on data, Form 2C.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet C. GROUNDWATER DESCRIPTION AND CHARACTERISTICS Page 6 The tables below decribe characteristics of detectable parameters in the untreated groundwater at the Western Area (Outfall 001) and Burial Area 1 (Outfall 002), sample data has been collected since 8/30/1999 to 9/18/2015.

Western Area Groundwater Parameter No. of Analyses Average (µg/l)

Maximum (µg/l)

Alkalinity, total (mg/L) 79 313.8 596 Aluminum 9

61.9 338 Calcium 62 165,311 1,330,000 a Chloride (mg/L) 70 47.33 319 Chromium 2

53.5 102 Copper 2

9.81 '

10 Dissolved Organic Carbon (mg/L) 5 1.9 2.4 Ferrous Iron (mg/L) 41 0.10 1.22 Fluoride (mg/L) 1168 6.1 221 Gross Alpha (pci/L) 1151 232.4 7,000 Gross Beta (pci/L) 1032 324.5 11,800 Iron 18 1,237 10,600 Lead 1

15.5 15.5 Magnesium 62 51,675 360,000 Manganese 79 145.5 4,070 Mercmy 1

0.2 0.2 Methane 1

0.61 0.61 Nitrogen, Ammonia (mg/L) 8 9.31 22.3 Nitrogen, Nitrate-Nitrite (mg/L) 813 55.39 1,010 Potassium 62 2,894 19,500 Radium-224 (pci/L) 57 0.129 0.44 Radium-226 (pci/L) 140 0.56 23.6 Radium-228 (pci/L) 96 0.9 7.83 Selenium 2

8.6 8.97 Silica 38 19,783 27,100 Silver 1

1.75 1.75 Sodium 62 76,253 348,000 Sulfate (mg/L) 76 192.2 2,070 Technetium-99 (pci/L) 200 750 4,590 Thorium-228 (pci/L) 184 0.44 38.9 Total Dissolved Solids (mg/L) 54 946 3,240 Total Organic Carbon (mg/L) 200 3.52 7.19 Uranium, Total 1027 209 8,080 Zinc 1

4.34 4.34 a This is the highest recorded level by the facility, as of2007 reports show calcium levels are lower than 161,000 ug/l.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Parameter 1,4-Dichlorobenzene 2-Butanone Alkalinity, total (mg/L)

Acetone Aluminum Arsenic Barium B is(2-ethy lhexyl)phthalate Bromide (mg/L)

Cadmium Calcium Carbonate (mg/L)

Chloride (mg/L)

Chromium Copper Cyanide, total Dimethyl phthalate Ferrous Iron (mg/L)

Fluoride (mg/L)

Gross Alpha (pci/L)

Gross Beta (pci/L)

Iron Lead Magnesium Manganese Mercury Merphos (mg/L)

Nickel Nitrogen, Ammonia (mg/L)

Nitrogen, Nitrate-Nitrite (mg/L)

Orthophosphate (mg/L)

Potassium Radium-226 (pci/L)

Selenium Silica Sodium Sulfate (mg/L)

Technetium-99 (pci/L)

Thallium Thorium-228 (pci/L)

Total Dissolved Solids (mg/L)

Total Organic Carbon (mg/L)

Total Suspended Solids (mg/L)

Uranium, Total Vanadium Zinc Fact Sheet Burial Area 1 Groundwater No. of Analyses Average (µg/l) 1 0.188 1

1,060 94 427 1

5.75 45 1,124 4

22.61 14 516 4

1.377 1

0.506 2

0.27 119 134,389 5

0.578 104 43.29 5

16.79 4

11.46 3

13 2

457.4 72 0.496 273 0.569 420 826 416 254 93 2,516 4

13.28 119 54,441 117 545,873 1

0.2 5

7.15 6

4.94 3

0.159 168 1.04 6

0.106 119 1,456 13 0.306 2

4 73 24,899 119 59,159 119 170.7 1

9 12 8.57 6

0.01 97 769 360 2.943 2

583 374 855 8

21.43 12 43.39 Cimarron Environmental Remediation Site Page 7 Maximum (µg/l) 0.188 1,060 786 5.75 35,700 59.70 3,340 3.29 0.506 0.282 311,000 0.738 285 36.40 25.50 13.3 881 7.94 2.350 8,600 3,680 62,000 23.60 113,000 5,050 0.2 7.35 14.30 0.198 13.4 0.2 7,900 1.03 4.77 36,000 224,000 799 9

17.3 0.038 2,060 7.13 779 11,749 35.80 400

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet IV. TECHNOLOGY-BASED EFFLUENT LIMITATIONS AND CONDITIONS A. GENERAL Page 8 Regulations promulgated at 40 CFR 122.44(a) and OAC 252:606-5-2(a)(l) require technology-based effluent limitations to be placed in OPDES permits based on effluent limitation guidelines where applicable, on Best Professional Judgment (BPJ) of the permit writer in the absence of guidelines, or on a combination of the two.

B. APPLICABLE EFFLUENT LIMITATION GUIDELINES There are no applicable effluent guidelines for contaminated groundwater discharges.

C. BEST PROFESSIONAL JUDGMENT (BPJ)-BASED LIMITATIONS Since the facility previously fabricated nuclear fuel rods and the groundwater is being treated for Uranium and Nitrate it is the (BPJ) to implement EPA drinking water standard limits for the following parameters:

BPJ Guidelines for Treated Groundwater for Outfalls 001 & 002 Parameters Discharge Limitations in mg/L Monthly Average Daily Maximum Uranium (ug/L) 30 Nitrate 10 Fluoride is also another contaminant in the groundwater, after evaluating reasonable potential for fluoride in the river and discussing the facility's treatment abilities, the permit writer deems a Fluoride limit of 10 mg/I is a suitable limit, based on BPJ.

Parameters Discharge Limitations in mg/L Monthly Average I

Monthly Average Fluoride I

10 D. VARIANCES No request for a variance was received.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet V. WATER QUALITY-BASED EFFLUENT LIMITATIONS AND CONDITIONS A. GENERAL Page 9 Section 101 of the Clean Water Act (CWA) states that"... it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited... " A permit containing technology-based permit limitations alone may not adequately protect the quality of a specific receiving stream. Thus, additional water quality-based effluent limitations and/or conditions are considered in the draft permit using narrative and numerical standards contained in the Oklahoma Water Quality Standards (OWQS), as amended (OAC 785:45), and implementation criteria contained in OACs 785:46 and 252:690, promulgated by the Oklahoma Water Resources Board (OWRB) and Department of Environmental Quality (DEQ), respectively. This is to ensure that no point-source discharge results in instream aquatic toxicity, a violation of applicable narrative or numerical State water quality standards, or aquatic bioaccumulation which threatens human health.

B. RECEIVING STREAM DESIGNATED USES AND ANTIDEGRADATION PROVISIONS

1. Outfalls 001 & 002 Outfall 001 and Outfall 002 discharge to the Cimarron River (WBID 620910010010) in Segment 620910 of the Upper Arkansas River Basin. As designated in Appendix A of the OWQS, the designated uses of the Cimarron River in this segment are:

Emergency Public and Private Water Supply (OAC 785:45-5-11);

Fish and Wildlife Propagation/Warm Water Aquatic Community (OAC 785:45-5-12);

Agriculture (OAC 785:45-5-13);

Primary Body Contact Recreation (OAC 785:45-5-16);

Aesthetics (OAC 785:45-5-19); and Fish Consumption (OAC 785 :45-5-20).

2. Antidegradation Provisions The Cimarron River is not designated as an Outstanding Resource Water (ORW), High Quality Water (HQW), or Sensitive Water Supply (SWS) in Appendix A of the OWQS. Neither is it designated in Table 1 of Appendix B of the OWQS as an area of ecological and/or recreational significance. However, in Table 2 of Appendix B it is listed as an area containing the federally-listed endangered species:

Whooping Crane Least Tern Piping Plover Red Knot Arkansas River Shiner 785:45-5-25 (c)(2)(C) New discharges to Appendix B waters may be allowed under such conditions that ensure that the recreational and ecological significance of these waters will be maintained.

C. WATER QUALITY STANDARDS IMPLEMENTATION

1. Water Quality Standards Implementation Process To achieve the objectives stated in Section V.A above, each pollutant present at measurable levels in the facility's effluent or which has technology-based concentration limitations, for which there is one or more Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 10 applicable numerical water quality criteria, is screened against the applicable numerical criteria to determine whether the pollutant has reasonable potential (RP) to exceed any of the criteria. The screens are performed in accordance with the OWQS, OWQS implementation criteria in OAC 785:46 and OAC 252:690, and the Continuing Planning Process (CPP) document. In the RP screening process, the 95th percentile effluent concentration, or estimate thereof if the effluent data set is not sufficiently large to

• determine it directly, is used to compute an instream concentration according to regulatory mixing zone equations defined in OAC 785:46. Calculated instream concentrations are then compared with applicable criteria to determine whether RP is exhibited for any of the screened pollutants. If RP is exhibited, in accordance with 40 CFR 122.44(d)(l)(vi) and OAC 252:690, a wasteload allocation and criterion long term average is computed for each applicable criterion. Water quality-based permit limitations are calculated for each pollutant exhibiting RP for all applicable criteria. The most stringent of the resulting monthly average permit limitations is established in the draft permit for each pollutant requiring such limitations.

2. Summary of Regulatory Parameters Regulatmy receiving water flows are established in OAC 785:46. Effluent regulatory flows, as well as regulatory effluent and background pollutant concentrations are established in OAC 252:690, Subchapter 3.

Definitions and values for these terms are as follows:

a. Effluent and Upstream Receiving Water Regulatory Flows Qe(LTA)

Qu(7Q2)

Qu(LTA)

Qu(STA)

High 30-day average effluent flow rate over the two-year period of record. Values of Qe(JO) for the various outfalls are described in Section III.B. l.

Long term average effluent flow rate over the two-year period of record. Values of Qe(LTA) for the various outfalls are described in Section III.B. l.

Upstream 7Q2 flow rate ~ This is the annual 7-day, 2-year low flow of the receiving stream.

Where streamflow data is published in the USGS publication, Statistical Summaries of Streamflow in and near Oklahoma Through 2007, by Lewis, J.M., and Esralew, R.A.,

2009, minor adjustments for known upstream or downstream perennial flows and/or withdrawals, as appropriate, may be utilized to estimate the 7Q2 for a specific location upstream or downstream of the USGS gaging station. Where additional USGS published flow data is available, the 7Q2 may be calculated in accordance with OAC 785:45-1-6. If streamflow is intermittent, if USGS 7Q2 data is not available, or if the applicant has not developed a site-specific 7Q2, a default value of 1 cfs (0.6463 mgd) is assumed.

Upstream long-term average flow rate. This is the mean annual flow of the receiving stream.

Where streamflow data is published in the USGS publication, Statistical Summaries of Streamflow in and near Oklahoma Through 2007, by Lewis, J.M., and Esralew, R.A., 2009, minor adjustments for known upstream or downstream perennial flows and/or withdrawals, as appropriate, may be utilized to estimate the mean annual flow for a specific location upstream or downstream of the USGS gaging station. If published mean annual flow data is not available, it may be approximated by multiplying the receiving water's drainage area at the point of discharge by the mean annual runoff per unit area published in the CPP. The Qu(LTA) for the Agriculture beneficial use for the yearly mean standard (YMS) shall be the greater of the Qu(LTA) or 1.47 cfs (0.9501 mgd).

Upstream sho1t-term average flow rate. This flow rate, used only in the sample standard (SS) agriculture screen, is a function of Qu(LTA}' The equation is Qu(STA) = 0.68 x Qu(LTA)*

The Qu(STA) shall be the greater of the Qu(STA) or 1.0 cfs (0.6463 mgd).

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 11 Upstream flow for Outfalls 001 and 002 are established as shown in the following table. Upstream flows for the Cimarron River are based on published data for USGS gaging station 07159100, located on the Cimarron River near the town of Dover.

Upstream Regulatory Flows (mgd)

Cimarron River at Outfalls 001 & 002 Flowstream Qu(7Q2)

Qu(LTA)

Qu(STA)

Cimarron River at Station 07159100 (near Dover) 26.95 574.6 390.7 Qu(STA) = 0.68 x Qu(LTA) or 0.6463 mgd, whichever is greater.

b. Flow Dilution Ratios (Q*)

Q* Ratio Q* Ratio of effluent flow to stream flow, also known as dilution capacity. The Q* ratios for industrial discharges, as well as their values, are defined in the following table.

Q* Values Corresponding Implementation Q* Value Water Quality Screens Reference 001 002 Qe(3o/Qu(7Q2)

Chronic Toxicity Temperature OAC 252:690-3-53(1)(A)

OAC 252:690-3-46(1) 0.02442 0.00898 Qe(3o/Qu(L TA)

Raw Water Column OAC 252:690-3-73(1)(B) 0.00115 0.00042 Human Health/Fish Flesh OAC 252:690-3-66(1)

Qe(LTA/Qu(LTA)

Human Health/Fish Flesh &Water OAC 252:690-3-73(1)(A) 0.00062 0.00021 Qe(LTA/Qu(LTA) a Agriculture/Yearly Mean Standard OAC 252:690-3-81(1)(A)

Qe(3o/Qu(STA) b Agriculture/Sample Standard OAC 252:690-3-81 (2)(A) 0.00168 0.00062 Q u(LTA) for the Agriculture/Yearly Mean Standard is the greater of the Qu(LTA) or 0.9501 mgd.

Qu(STA) for the Agriculture/Sample Standard is the greater of the Qu(STA) or 0.6463 mgd.

c.

Characterization of Pollutant Effluent Concentrations Cmean Either the geometric mean or arithmetic average of an effluent data set, depending on the nature of the effluent data set. Cmean is calculated as a geometric mean if the full effluent data set for a pollutant is available. A full effluent data set is to consist of at least ten data points, and at least five of those data points are measurable. Otherwise, Cmean is calculated as an arithmetic average from the available data. Where a data set is unavailable, a long-term average submitted in an application (Form 2C) is assumed to be an arithmetic average (OAC 785 :46-9-5(b )). If only one data point is available, it represents Cmean*

The highest concentration in an effluent data set. If only one data point is available, it represents Cmax*

The 951" percentile effluent concentration of a pollutant for the purpose of assessing whether water quality-based effluent limitations are required for that pollutant. If at least 10 data points are available, at least five of which are measurable, C95 is calculated directly from the effluent data set assuming a log-normal distribution Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 RPF9S(M)

Fact Sheet Page 12 according to the following equation:

where ln(x)avg' represents the arithmetic average of the set of log-transformed data points.

s1n (x)> represents the standard deviation of the set of log-transformed data points.

N

[ N

]2 N fr [1n(xi )

2

]- fr ln(xi) s

=

In (x)

N ( N - 1 )

If less than 10 effluent data points are available (N<l 0), C95 must be estimated from the available data according to the following equation:

C95 = Cmean x 2.135 The 95 1h percentile maximum likelihood effluent concentration for purposes of determining whether additional effluent monitoring is required, calculated using the "TSD method." The TSD method is based on the methodology in Section 3.3.2 of Technical Support Document for Water Quality-Based Toxics Control, EPA/505/2 001. C95(M) is calculated according to the following equation:

RPF95CM) is calculated, assuming a log-normal distribution, according to the following equation:

EXP[l.645~In(1 + cv 2 )- o.5In(1 + cv 2 )]

RPF9s(M) =

[

~

EXP zN ~in( 1+CV 2 )- 0.5in(1+CV 2 )J where ZN is the upper k1h percentile of the normal distribution, k = 0.05 1/N (for the 95%

confidence level), and CV is assumed to equal 0.6.

The values of ZN and the resulting value of RPF9s(M) for values of N from 1 to 9 are shown in the following table:

N 1

2 3

4 5

6 7

8 9

ZN

-1.645 -0.760 -0.336 -0.068 0.124 0.272 0.390 0.489 0.574 RPF95(M) 6.199 3.795 3.000 2.585 2.324 2.141 2.006 1.898 1.811 Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 13 Outfall 001 Effluent concentration. The geometric mean reported on Form 2C. If only one value is available, it will be considered to be the geometric mean. If only average values are available, the arithmetic mean of the average values will be used.

CV Coefficient of variation of a data set. CV is defined as the standard deviation of a data set divided by its arithmetic average, i.e., CV= sxlCavg* Standard deviation of a data set Sx is calculated according to the following equation.

Nt. (xn-( t. xJ s =

x N(N-1)

Where fewer than 10 data points are available, a default CV value of 0.6 is assumed.

Cmeam Cmrn C9s, C9s(MJ, and CV Values for Quantifiable Pollutants No. of Concentration Effluent Characteristic data (u~/l unless othenvise specified)

Calculated pts Cmean C9s Cmax C9S(M)

CV" (N)

Ammonia (mg/L) 1 22.3 22.3 Fluoride (mg/L) 1 221 472 221 1370 Nitrate-Nitrite (mg/L) 1 1010 2156 1010 6261 Manganese (mg/L) 1 4070 8689 4070 25,230 Chromium, total 1

102 218 102 632 Copper, total 1

10 20.52 10 59.57 Lead, total 1

15.5 33.09 15.5 96.08 Mercmy, total 1

0.2 0.43 0.2 1.24 Selenium, total 1

8.97 19.15 8.97 55.6 Silver, total 1

1.75 3.74 1.75 10.85 Zinc, total 1

4.34 9.27 4.34 26.90 Chlorides (mg/L) 1 319 681.1 319 1977 Sulfates (mg/L) 1 2070 4419 2070 12,831 Total Dissoved Solids (TDS) (mg/L) 1 3240 6917 3240 20,084 Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 14 No. of Concentration Outfall Effluent Characteristic data CU!!ll unless otherwise specified)

Calculated pts Cmean C9s Cmax C9S(M)

CV" (N)

Ammonia (mg/L) 1 0.198 0.198 Fluoride (mg/L) 1 2.35 5.02 2.35 14.57 Nitrate-Nitrite (mg/L) 1 13.4 28.61 13.4 83.07 Barium, total (mg/L) 1 3340 7131 3340 20,705 Manganese (mg/L) 1 5050 10,782 5050 31,305 Arsenic, total 1

59.7 127.5 59.7 307.1 Cadium, total 1

0.282 0.60 0.282 1.75 Chromium, total 1

36.4 77.71 36.4 225.6 Copper, total 1

25.25 53.91 25.25 158.1 Lead, total 1

23.6 50.39 23.6 146.3 Mercury, total 1

0.2 0.43 0.2 1.24 002 Nickel, total 1

14.3 30.53 14.3 88.65 Selenium, total 1

4.77 10.18 4.77 29.57 Thallium, total 1

17.3 36.94 17.3 107.2 Zinc, total 1

400 854 400 2480 Cyanide 1

13.3 28.40 13.3 82.45 Bis (2-Ethylhexyl) Phthalate 1

3.29 7.02 3.29 20.39 1,4-Dichlorobenzene 1

0.188 0.4 0.188 1.17 Dimethyl Phthalate 1

881 1881 881 5461 Chlorides (mg/L) 1 285 608.5 285 1767 Sulfates (mg/L) 1 799 1705.9 799 4953 Total Dissoved Solids (TDS) (mg/L) 1 2060 4398 2060 12,770 A coefficent of vanat10n (CV) 1s calculated only where an effluent data set consists of at least ten data points. At least half of these data points must be measurable. A CV value of 0.6 is otherwise assumed where a data set is of insufficient size or there is an insufficient number of measurable data points to calculate a CV directly (see OAC 252:690-3-7).

d. Pollutant Background Concentrations Cb Upstream or background concentration of a pollutant.

Specific data is used where available.

Where such data is not available, and in streams where Qu(?Q2) = 0 in the absence of known upstream toxicants, background concentrations are assumed to be zero. For the agriculture screens, Cb is computed using the segment average YMS and SS values for the receiving stream segment published in Appendix F to OAC 785:45 according to the following equation: Cb= 2 x YMS - SS.

Background levels are described in the following table.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet Page 15 Background Concentrations of Pollutants Present in Outfall 001 Effluent Cimarron River above Outfall 001 Background Cone (Cb)

No. of Data Pollutant Data Pts (N)

(µg/l unless otherwise Source specified)

Ammonia (mg/L)

Assumed zero a Fluoride (mg/L) 32 0.353 b Facility Data Nitrate-Nitrite (mg/L) 5 0.316 b Facility Data Barium, total (mg/L)

Assumed zero a Manganese (mg/L)

Assumed zero a Arsenic, total Assumed zero a Cadium, total Assumed zero a Chromium, total Assumed zero a Copper, total Assumed zero a Lead, total Assumed zero a Mercury, total Assumed zero a Nickel, total Assumed zero a Selenium, total Assumed zero a Silver, total Assumed zero a Thallium, total Assumed zero a Zinc, total Assumed zero a Cyanide Assumed zero a Bis (2-Ethylhexyl) Phthalate Assumed zero a 1,4-Dichlorobenzene Assumed zero a Dimethyl Phthalate Assumed zero a Chlorides 1

2534 Calculated c Sulfates 1

487 Calculated c Total Dissoved Solids (TDS) (mg/L) 1 4846 Calculated c Gross Alpha (pci/L) 8 11 b Facility Data Gross Beta (pci/L) 9 21 b Facility Data Uranium, total (pci/L) 11 5.2 b Facility Data No background data available. Background level is assumed to be zero in accordance with OAC 252:690-3-11 ( c).

Data collected through background monitoring during a site analysis of the the facility's groundwater and surface water.

Since no site-specific background data is available, background is calculated from segment-averaged YMS and SS criteria in accordance with OAC 252:690-3-16(a). For chlorides, Cb= 2 x 4218 - 5902 = 2534 mg/l. For sulfates, Cb= 2 x 680 - 873 = 487 mg/l. For TDS, Cb= 2 x 7437 - 10028 = 4846.

e.

Other Applicable Terminology Ccriterion Numerical water quality criterion for a specific pollutant. For some pollutants, aquatic toxicity criteria are pH-or hardness-dependent. In such cases, in accordance with OAC 785:46-5-8, site-specific pH or hardness data, if available, may be used. If site-specific pH or hardness data is not available, the segment averaged pH or hardness from OAC 785:46, Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet Page 16 Appendix B, is used.

Where a specific pollutant screen exhibits reasonable potential, Ccriterion is used to calculate the wasteload allocation (WLA). Criteria applicable to the discharges from this facility are as follows:

Fish and wildlife propagation (F&WP) use CA:

Acute toxicity criterion Cc:

Chronic toxicity criterion Fish consumption use CFF:

Human health criterion for the consumption of fish flesh Public and private water supply (PPWS) use CRAw: Raw water column criterion CFFw: Human health criterion for the consumption of fish flesh and water Agriculture use Cn1s: Yearly mean standard C8s:

Sample standard Cd Instream concentration of a specific pollutant, according to the appropriate m1xmg equation.

D. WATER QUALITY-BASED REQUIREMENTS

1. Criteria for Protection of the Fish and Wildlife Propagation Use (Outfall 001 & Outfall 002)

a. DO and DO-Demanding Substances OAC 785:45-5-12(+/-)(1) requires that where DO-demanding substances are present in an effluent at significant levels, a WLA must be established according to ce1iain seasonal criteria dependent on the receiving water's aquatic community subcategory. Once such WLAs are given technical approval by EPA, a Water Quality Management Plan (WQMP) amendment is publicly noticed. When the WQMP amendment is given final EPA approval, it may then be incorporated into an OPDES permit. For purposes of establishing permit limitations for DO-demanding substances for industries, the monthly average limit (MAL) in the draft permit for each effluent characteristic is set equal to the corresponding WLA concentration, and a daily maximum limit (DML) is set equal to 1.5 times the WLA concentration. The Western Treatment Area contains trains used for denitrification to treat nitrate and ammonia, and any TSS is collected from bioreactor filters. It is believed that the ammonia, nitrate, and TSS levels will be below levels of concern for Outfall 001. Burial Area 1 does not have denitrification trains in its treatment process but there is no basis to suspect the presence of significant levels of DO-demanding substances in the discharge from Outfall 002.

b. pH OAC 785:45-1-12(+/-)(3) states, "pH values shall be between 6.5 and 9.0 in waters designated for fish and wildlife propagation; unless pH values outside that range are due to natural conditions." This pH range is established in the draft permit.

c. Oil and Grease OAC 785:45-5-12(+/-)( 4) states, "All waters having the designated beneficial use of any subcategory of fish and wildlife propagation shall be maintained free of oil and grease to prevent a visible sheen of oil Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 17 or globules of oil or grease on or in the water. Oil and grease shall not be present in quantities that adhere to stream banks and coat bottoms of water courses or which cause deleterious effects to the biota." It is believed that the remediation site will not be discharging tracable amounts of oil and grease.

d. Toxicity from Halogenated Oxidants OAC 785:46-3-l(d) states: "Toxicity from halogens (e.g., chlorine, bromine and bromochloro compounds) will be controlled by dehalogenation rather than WET testing.

However, use of dehalogenation shall not exempt an effluent from the WET testing requirements of this chapter."

Chapter 2, Part III of the CPP implements this narrative criterion as follows: "The requirement of OAC 785:46-3-l(d) for dehalogenation is typically implemented as "no measureable amount in the effluent."

"No measurable amount" is defined by the DEQ to be < 0.1 mg/I.

e.

Ammonia Toxicity OAC 252:690-3-20 requires that toxicity-based ammonia limits be compared with technology-based and/or DO-based ammonia limits, where established, for facilities classified as major industrial dischargers. This facility is a minor discharger, and there is no basis to suspect the presence of significant levels of ammonia in the discharge from Outfalls 001 and 002.

f.

Temperature There is no addition of heat from artificial sources to the water discharged at Outfalls 001 & 002.

Thus, no additional permit action is required.

2. Aquatic Toxicity, Human Health, and Raw Water Column Criteria for Toxic Substances for Protection of the Fish and Wildlife Propagation, Fish Consumption and Public and Private Water Supply Uses

a. Criteria and Implementation (1) Aquatic Toxicity-Fish and Wildlife Propagation Use Acute and chronic aquatic toxicity numerical criteria are specified at OAC 785:45-5-12(t)(6)(G) and are implemented according to procedures in OAC 785 :46, Subchapter 5, OAC. 252:690-3-51 through 3-57, and Chapter 3 of the CPP.

Aquatic toxicity numerical criteria are hardness-dependent for ce11ain metals. The equations for calculating hardness-dependent criteria (for those metals present at quantifiable levels in the discharge) and the resulting acute and chronic criteria are shown in the following table. Since no site-specific background hardness data are available, the segment-averaged hardness is used to calculate hardness-dependent aquatic toxicity criteria.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 18 Hardness-dependent Aquatic Toxicity Criteria for Ci,marron River (Outfall 001 & Outfall 002)

Outfall Effluent Acute Toxicity Criteria Chronic Toxicity Criteria Characteristic Value (µg/l) b Value (µg/l) b 001 002 Equation Equation Copper, total C

(0.9422 (In (hardness)) - 1.3844) acute - e 0.21 C

(0.8545 (ln (hardness)) - 1.386) chronic - e 0.95 Lead, total C

(l.273 (In (hardness)) - 1.460) acute - e 0.34 C

(l.273 (ln (hardness))- 4.705) chronic - e 1.53 Silver, total C

(l.72 (In (hardness))- 6.52) acute - e 0.04 Zinc, total C

(0.8473 (In (hardness))+ 0.8604) acute - e 0.09 C

(0.8473 (In (hardness))+ 0.7614) chronic - e 0.43 Cadmium, total a C

(l.128 (ln (hardness))- l.6774) acute - e 0.002 C

(0.7852 (ln (hardness))-3.490) chronic - e 0.01 Copper, total C

(0.9422 (In (hardness)) - l.3844) acute - e 0.20 C

(0.8545 (lo (hardness)) - 1.386) chronic - e 0.93 Lead, total C

(l.273 (In (hardness)) - l.460) acute - e 0.19 C

(l.273 (In (hardness))- 4.705) chronic - e 0.87 Nickel, total C

(0.846 (ln (hardness))+ 3.3612) acute - e 0.11 C

(0.846 (ln (hardness))+ 1.l645) chronic - e 0.53 Zinc, total c

= e (0.8473 (In (hardness)) + 0.8604) acute 3.20 C

(0.8473 (ln (hardness))+ 0.7614) chronic - e 14.74 Equations for cadmium are for waterbodies designated as other than trout streams.

Based on segment-averaged hardness of 802.56 mg/I.

(2) Protection of Human Health for Consumption of Fish Flesh - Fish Consumption Use Criteria for the protection of human health for the consumption of fish flesh apply only to receiving waters not designated as habitat-limited aquatic communities. Additional human health/fish flesh criteria are recommended by EPA in the National Recommended Water Quality Criteria (NR WQC). NR WQC criteria are not binding upon individual states, however.

OWQS and NR WQC criteria for the protection of human health for the consumption of fish flesh are specified at OAC 785 :45-5-20(b) and Publication No. EPA 822-Z-99-001, respectively, and are implemented according to the procedures in OAC 785:46, Subchapter 7, OAC 252:690-3-64 through 3-70, and Chapter 3 of the CPP.

(3) Protection of Raw Water Column and Human Health for Consumption of Fish Flesh and Water - Public and Private Water Supply Use OWQS raw water column criteria and criteria for the protection of human health for the consumption of fish flesh and water are specified at OAC 785:45-5-10(1) and 785:45-5-10(6),

respectively, and are implemented according to the procedures in OAC 785:46, Subchapter 7, OAC 252:690-3-71 through 3-77, and Chapter 3 of the CPP. These criteria apply only to receiving waters specifically designated in OAC 785:45, Appendix A, for the Public and Private Water Supply (PPWS) use.

b. Determination of Reasonable Potential and Wasteload Allocation (1) Reasonable Potential and WLA Equations (a) Aquatic Toxicity-Fish and Wildlife Propagation Use For determining whether there is reasonable potential to exceed acute tox1c1ty numerical criteria for discharges to streams, OAC 785:46-5-3(b)(2) defines a pollutant's concentration at the edge of the acute regulatory mixing zone (Cd) as:

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet Cd =Cb+ Qe(JO) (C 95 -Cb), where Qe(30) is expressed in mgd.

64.63 Page 19 In order for the acute mixing zone equation to be mathematically well-behaved, i.e., for Cd to fall in the range between Cb and Cgs, the value for Qe()O) used in the acute mixing equation is limited to a maximum value of 64.63 mgd, even ifthe actual Qe()O) exceeds 64.63 mgd.

Should a pollutant's acute toxicity screen exhibit reasonable potential, a water quality-based limit is required for that pollutant and a wasteload allocation is calculated for each applicable criterion. For discharges to streams, the acute toxicity wasteload allocation is calculated in accordance with OAC 252:690-3-55(a)(l), as follows:

WLAA =Cb + 64*63 (CA - Cb), where Qe()O) is expressed in mgd.

Qe(30)

As with the reasonable potential equation, if the actual Qe()O) exceeds 64.63 mgd, a maximum value of 64.63 mgd is used in the acute WLA equation.

For determining whether there is reasonable potential to exceed chronic toxicity numerical criteria, OAC 785:46-5-3(b)(2) defines a pollutant's maximum concentration at the boundary of the chronic regulatory mixing zone (Cd) as:

C = C + 1.94 Q* (C 95 -Cu) for Q* ~ 0.1823 d

ti (1 + Q*) '

C = C +

(C 95 - C")

for 0.1823 < Q* < 0.3333 d

ti (6.17 -15.51 Q*)'

Cd = C95, for Q* ~ 0.3333 Should a pollutant's chronic toxicity screen exhibit reasonable potential, a water quality-based limit is required for that pollutant and a wasteload allocation is calculated for each applicable criterion. For discharges to streams, the chronic toxicity wasteload allocation is calculated in accordance with OAC 252:690-3-55(a)(l), as follows:

( l+Q

• J WLAc =Cu +

(Cc -Cu), for Q*::;; 0.1823 1.94Q

• WLAc =Cu+ (6.17 -15.51 Q*)(Cc -Cu), for 0.1823 < Q* < 0.3333 WLAc = Cc, for Q* ~ 0.3333 (b) Protection of Human Health for Consumption of Fish Flesh-Fish Consumption Use OAC 785:46-7-3(b)(l) defines the reasonable potential equation for a pollutant's instream concentration Cd after complete mixing as follows:

Cimarron Environmental Remediation Site

Permit No. OKO 100510 Facility ID No. 1-42000560 C - (C9s Q* +Cb) d -

(l+Q*)

Fact Sheet Page 20 The human health/fish flesh wasteload allocation 1s calculated m accordance with OAC 252:690-3-68, as follows:

Should a pollutant's OWQS human health/fish flesh screen exhibit reasonable potential, a water quality-based limit is required for that pollutant and a wasteload allocation is calculated for each applicable criterion.

In accordance with EPA Region 6 policy, pollutants are screened for reasonable potential to exceed NR WQC human health/fish flesh consumption criteria. If reasonable potential is exhibited for a pollutant and there is no applicable state water quality criterion of any kind for that pollutant, effluent monitoring of the pollutant is required for a limited period of time as a permit condition in lieu of establishing effluent limitations.

(c) Protection of Raw Water Column and Human Health for Consumption of Fish Flesh and Water - Public and Private Water Supply Use OAC 785:46-7-3(b)(2) defines the reasonable potential equation for a pollutant's instream concentration Cct after complete mixing as follows:

C - (C9s Q* +Cb) d-(l+Q*)

Raw water column and human health/fish flesh and water wasteload allocations are calculated in accordance with OAC 252:690-3-75, as follows:

(CRaw-Cb)

WLA Raw = C Raw +

, for the raw water column cntenon, and Q

(CFFW -Cb)

WLAFFw = CFFw +

, for the human health/fish flesh and water criterion.

Q (2) Results of Reasonable Potential Screening (a) Aquatic Toxicity-Fish and Wildlife Propagation Use Results of the acute and chronic toxicity screen for Outfalls 001 & 002, using Qec3o) values in Section IIl.B.l, Qu(?Q2) values in Section V.C.2.a, C95 values in Section V.C.2.c, pollutant background levels in Section V.C.2.d, and applicable hardness-dependent metals toxicity criteria reflected in Section V.D.2.a(l), are shown in the following tables. Any required WLAs are also shown. Where water quality-based permit limitations are required, results are shown in bold face.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet Page 21 Outfall 001 002 Results of Acute and Chronic Toxicity RP Screens (concentrations in µg/l unless otherwise specified)

Acute Toxicity Effluent Characteristic cda CA Cd>

WLAA cda CA?

Chromium, total 10.07 Copper, total 0.21 136.6 No NIA 0.95 Lead, total 0.34 1157 No NIA 1.53 Mercury, total 0.00 2.4 No NIA 0.02 Selenium, total 0.195 20 No NIA 0.89 Silver, total 0.04 145.9 No NIA Zinc, total 0.09 683.3 No NIA 0.43 Arsenic, total 0.48 3.60 No NIA 2.20 Cadmium, total 0.002 353 No NIA 0.01 Chromium, total 1.34 Copper, total 0.20 136.6 No NIA 0.93 Lead, total 0.19 1157 No NIA 0.87 Mercury, total 0.00 2.4 No NIA 0.01 Nickel, total 0.11 8259 No NIA 0.53 Selenium, total 0.038 20 No NIA 0.18 Thallium, total 0.14 1400 No NIA Zinc, total 3.20 683.3 No NIA 14.74 Cyanide, total 0.11 45.93 No NIA 0.49 Chronic Toxicity Cc Cd>

WLAc Cc.?

50 No NIA 75.85 No NIA 45.09 No NIA 1.302 No NIA 5

No NIA 618.93 No NIA 190 No NIA 5.82 No NIA 50.0 No NIA 75.85 No NIA 45.09 No NIA 1.302 No NIA 918.2 No NIA 5

No NIA 618.9 No NIA 10.72 No NIA Cd concentrations based on background values for Cimarron River (see Section V.C.2.d).

(b) Protection of Human Health for Consumption of Fish Flesh - Fish Consumption Use Results of the OWQS and NRWQC human health/fish flesh screen for Outfall 001 and Outfall 002, using Qe(LTA) values in Section III.B.1, Qu(LTA) values in Section V.C.2.a, C95 values in Section V.C.2.c, and background levels in Section V.C.2.d, are shown in the following tables.

Any required OWQS WLAs are also shown. Where water quality-based pe1mit limitations are required, results are shown in bold face.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 22 Outfall 001 002 Results of OWQS and NRWQC Human Health/Fish Flesh RP Screens (concentrations in µg/l unless otherwise specified)

State Human Health/Fish Flesh Criteria NRWQC Criteria Effluent Characteristic Cd>

Cd>

Cd CFF CFF?

WLAFF Cd CNRWQC CNRwoc?

Chromium, total 0.14 3365 No NIA Lead, total 0.02 25 No NIA Mercury, total 0.00 0.051 No NIA Silver, total 0.00 64,620 No NIA Manganese, total ( mg/L) 5.418 0.1 Yes Arsenic, total 0.03 205 No NIA Cadmium, total 0.00 84.13 No NIA Chromium, total 0.2 3365 No NIA Lead, total 0.01 25 No NIA Mercury, total 0.00 0.051 No NIA Nickel, total 0.01 4583 No NIA Thallium, total 0.01 0.47 No NIA Bis (2-Ethylhexyl) Phthalate 0.00 22 No NIA Dimethyl Phthalate 0.40 1,100,000 No NIA Manganese, total 2.296 0.1 Yes 1,4-Dichlorobenzene 0.00 2,600 No (c) Protection of Raw Water Column and Human Health for Consumption of Fish Flesh and Water - Public and Private Water Supply Use Results of the raw water column and human health/fish flesh and water screen for Outfall 001 and Outfall 002, using Qe(JO) and Qe(LTA) values in Section ill.B.l, Qu(LTA) values in Section V.C.2.a, C95 values in Section V.C.2.c, and background levels in Section V.C.2.d, are shown in the following tables. Any required OWQS WLAs are also shown. Where water quality-based permit limitations are required, results are shown in bold face.

Results of Raw Water Column and Human Health/Fish Flesh and Water RP Screens The Cimarron River is not labeled as a public and private water supply; therefore, this criteria is not applicable.

c.

Criterion Long Term Average (LTA) Concentration None.

3. Mineral Constituent Criteria for Protection of the Agriculture Use

a. Criteria and Implementation Yearly mean standard (YMS) and sample standard (SS) criteria for surface waters designated for the Agriculture use are specified at OAC 785:45-5-13 and Appendix F thereto, and are implemented according to procedures in OAC 785:46, Subchapter 9, OAC 252:690-3-79 through 3-85, and Chapter Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 23 Outfalls" 001 & 002 3 of the CPP. OAC 785:46-9-2 requires that where segment-averaged YMS and SS values in OAC 785:45, Appendix F, are available and are adequate to represent the receiving stream in question, they be used as the criteria for protection of the Agriculture use. In the absence of site-specific YMS and SS criteria, a mineral constituent's background concentration (Cb) is derived from the basin-wide YMS and SS criteria in OAC 785:45, Appendix F, as follows: Cb= 2 x CYMs - Css.

The results are shown in the table below.

Background, YMS Criterion and SS Criterion (concentration expressed in mg/I)

Pollutant Cb YMS Chloride 2534 4218 Sulfate 487 680

. Total Dissolved Solids (TDS) 4846 7437 SS 5902 873 10,028 Criteria and background based on data for USGS monitoring station no. AVG for the stream segment 620910.

b. Determination of Reasonable Potential and Wasteload Allocation (1) Reasonable Potential and WLA Equations OAC 785:46-9-5 defines the reasonable potential equation for a pollutant's instream concentration Cct after complete mixing as follows:

YMS and SS wasteload allocations are calculated m accordance with OAC 252:690-3-83, as follows:

WLA = C + (Css - Cb)

SS SS Q'

(2) Results of Reasonable Potential Screening Results of the YMS and SS screens for Outfalls 001 & 002, using Qe(JO) and Qe(LTA) values in Section III.B.1, Qu(LTA) and Qu(STA) values in Section V.C.2.a, C95 values in Section V.C.2.c, and background levels and YMS and SS criteria reflected in Section V.D.3.a, are shown in the following tables. Any required OWQS WLAs are also shown. Where water quality-based permit limitations are required, results are shown in bold face.

Cimarron Environmental Remediation Site

Permit No. OKO 100510 Facility ID No. 1-42000560 Fact Sheet Page 24 Pollutant Chloride 001 Sulfate TDS Chloride 002 Sulfate TDS Results of YMS and SS Reasonable Potential Screens (concentrations in mg/I unless otherwise specified)

Yearly Mean Std Cd CvMs Cd>

WLAvMs Cd CvMs?

2533 4218 No NIA 2531 490 680 No NIA 493.6 4847 7437 No NIA 4849.5 2534 4218 No NIA 2533 487.3 680 No NIA 487.8 4846 7437 No NIA 4846 Sample Std Css Cd>

WLAss Css?

5902 No NIA 873 No NIA 10,028 No NIA 5902 No NIA 873 No NIA 10,028 No NIA

c.

Permit Limitations Since the discharge through Outfalls 001 & 002 did not demonstrate RP to exceed either YMS or SS criteria, no water quality-based limitations are required to protect the Agriculture use.

4. Protection of the Primary Body Contact Recreation Uses As described in Section V.B, the Primary Body Contact Recreation (PBCR) uses apply to the Cimarron River at Outfall 001 and Outfall 002.

OAC 785:45-5-16(a) states "The discharge shall not contain chemical, physical, or biological substances in concentrations that are irritating to skin or sense organs or are toxic or cause illness upon ingestion by human beings."

a. E. Coli - Primary Body Contact Recreation Per information provided in the permit application (Form 2D), the wastewater discharges at Outfalls 001 and 002 do not include sanitary wastewater. Therefore, it is BPJ of the pe1mit writer that a limitation for bacteria (coliform bacteria, Escherichia coli, and Enterocci) is not required for the discharges from these outfalls.

b. Total Coliform - Public and Private Water Supply Use In accordance with OAC 252:690-3-78, total coliform criteria for protection of the PPWS use are applied where a discharge is within five miles upstream of a public water supply intake or within five miles of such an intake in a lake.

Since this receiving stream is not listed as a Public and Private Water Supply no permitting action is necessary to protect this use.

5. Criteria for Protection of the Aesthetics Use

a. General Nutrient loading in Oklahoma's surface waters, particularly of phosphorus, has become an area of concern. OAC 785:45-5-19(c)(2) states, "Nutrients from point source discharges or other sources shall not cause excessive growth of periphyton, phytoplankton, or aquatic macrophyte communities which impairs any existing or designated beneficial use." This narrative criteria is echoed in the State's Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet Page 25 general antidegradation policy as applied to beneficial uses (OAC 785:45-3-2(c)), "No water quality degradation which will inte1fere with the attainment or maintenance of an existing or designated beneficial use shall be allowed."

b. Nutrient Limitations and Monitoring Requirements The previous permit for this facility contained no nitrate or phosphorus limits or reporting requirements. The application indicated that neither nitrate or phosphorus is expected to be present in the discharge from Outfall 001 and Outfall 002. It is the BPJ of the permit writer that effluent monitoring of nutrients is not warranted at this facility. The draft permit will, however, contain a narrative condition for control of solids to protect the Aesthetics use.

E. MONITORING REQUIREMENTS

1. Effluent Monitoring Requirements

a. General In accordance with OAC 252:690-3-90, where reasonable potential to exceed an applicable criterion is not exhibited and there are fewer than 10 effluent data points to characterize the effluent, further effluent monitoring may be warranted based on use of the TSD method for computing C95(M) (see Section V.C.2.c).

The TSD procedure accounts for the inherent uncertainty in characterizing an effluent distribution from a small data set.

b. Applicability Water quality-based limitations are required for the following pollutants:

For Outfalls 001 & 002 Effluent data sets comprised of 10 or more data points exist for the following pollutants:

For Outfalls 001 & 002:

Parameters were analyzed in a worst case scenario using the maximum as one data point.

All other pollutants detectable in the discharge which have state water quality criteria are screened for reasonable potential using C9s(M) in place of C95 to determine which of them may require additional effluent monitoring. The same reasonable potential equations as described in sections V.D.2 and V.D.3 are used.

c. Results of Reasonable Potential Screening Using C9s(M)

Where Cct, calculated using C9s(M) in place of C95, exceeds an applicable criterion for a pollutant, a shmt term effluent monitoring requirement (sufficient to collect a minimum of ten data points) is established in the permit for that pollutant in accordance with OAC 252:690-3-90(a). Reasonable potential may then be reassessed with the larger effluent data set and the permit reopened, if necessary, to add appropriate effluent limitations. Results of the reasonable potential screens using C9s(M) are shown in the following tables. Where additional effluent monitoring is required, results are shown in bold face.

Cimarron Environmental Remediation Site

Permit No. OKO 100510 Facility ID No. I-42000560 (1) Aquatic Toxicity Criteria Fact Sheet Page 26 Results of Acute and Chronic Toxicity RP Screens for Additional Effluent Monitoring using C9s(M)

(concentrations in µg/l unless otherwise specified)

Outfall Effluent Acute Toxicity Chronic Toxicity Characteristic Cc1 CA Cd> CA?

Cc1 Cc Cc1 >Cc?

Chromium, total 29.24 50 No Copper, total 0.61 136.6 No 2.75 75.85 No Lead, total 0.98 1157 No 4.44 45.09 No 001 Mercury, total 0.01 2.4 No 0.06 1.302 No Selenium, total 0.57 20 No 2.57 5

No Silver, total 0.11 145.9 No Zinc, total 0.27 683.3 No 1.24 618.9 No Arsenic, total 1.39 360 No 6.39 190 No Cadmium, total 0.01 353 No 0.03 5.82 No Chromium, total 3.89 50 No Copper, total 0.59 136.6 No 2.73 75.85 No Lead, total 0.55 1157 No 2.52 45.09 No 002 Mercury, total 0.00 2.4 No 0.02 1.302 No Nickel, total 0.33 8259 No 1.53 918.2 No Selenium, total 0.11 20 No 0.51 5

No Thallium, total 0.40 1400 No Zinc, total 9.28 683.3 No 42.79 618.9 No Cyanide, total 0.31 45.93 No 1.42 10.72 No (2) Human Health/Fish Flesh Criteria Results of OWQS Human Health/Fish Flesh RP Screens for Additional Effluent Monitoring Using C9s(M)

(concentrations in µg/l unless otherwise specified)

Outfall Effluent Characteristic Cd CFF Cc1 > CFF?

Chromium, total 0.39 3365 No 001 Lead, total 0.06 25 No Mercury, total 0.00 0.051 No Silver, total 0.01 64,620 No Arsenic, total 0.08 205 No Cadmium, total 0.00 84.13 No Chromium, total 0.05 3365 No Lead, total 0.03 25 No 002 Mercury, total 0.00 0.051 No Nickel, total 0.02 4583 No Thallium, total 0.02 0.470 No Bis (2-Ethylhexyl) Phthalate 0.00 22 No Dimethyl Phthalate 1.16 1,100,000 No Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet Page 27 (3) Raw Water Column and Human Health/Fish Flesh and Water Criteria The Cimarron River is not labeled as a public and private water supply; therefore, this criteria is not applicable.

( 4) YMS and SS Agriculture Criteria Results of Agriculture YMS and SS RP Screens for Additional Effluent Monitoring Using C9scM>

(concentrations in mg/I unless otherwise specified)

Effluent Characteristic YMS Criteria SS Criteria Cd CvMs Cd> CvMs?

C11 Css Cd> Css?

Chloride 2533 4218 No 2531 5902 No 001 Sulfate 489.5 680 No 493.6 873 No Total Dissolved Solids 4847 7437 No 4850 10,028 No Chloride 2534 4218 No 2533 5902 No 002 Sulfate 487.3 680 No 487.8 873 No Total Dissolved Solids 4846 7437 No 4846 10,028 No (5) Result Since the facility has not constructed the treatment plants or produced any wastewater, reasonable potential for Outfalls 001 & 002 was determined from groundwater data collected from 813011999 to 911812015, submitted to DEQ in an email received. on July 12, 2016. While the groundwater data included if the samples were below the detection limit or estimation, it did not include the MQL of the test. While looking at each outfall individually presented no potential, both outfalls discharge into the Cimarron River and the combined stream was analyzed as too not over load the river. The analysis was done in a worst case scenario combining the parameter concentrations and flows, using the max concentration of a pollutant in the two treatment areas.

C b' d c (ClllBR,OlJl x Qoo1 + CI!l!L'I,001 x Qom) om me oncentrat:Ion-------------'-'-

Qoo 1+ ~02 The results are as follows:

Combined Flows of 001 & 002 (ug/L)

Effluent.

Acute Toxicity Chronic Toxicity Characteristic CdL C11M CA Cd> CA?

CdL CdM Cc Chromium, total 181.05 NIA 50.0 Copper, total 0.41 1.19 136.6 No 29.46 85.55 75.85 Lead, total 0.52 1.52 1157 No 37.58 109.10 45.09 Mercmy, total 0.01 0.2 2.4 No 0.43 1.24 1.302 Selenium, total 0.235 NIA 20 No 16.87 NIA 5

Thallium, total 0.14 0.40 1400 No Zinc, total 3.29 9.55 683.3 No 236.34 686.2 618.9 Cyanide, total 0.10 0.30 45.93 No 7.47 21.70 10.72 Limit or Cd> Cc?

Monitoring Yes Limit Yes Monitoring Yes Monitoring No No Yes Limit No Yes Monitoring Yes Monitoring While the parameter yielded no potential for momtonng, the parameter will be momtored due to 1t requmng background monitoring.

Cimarron Environmental Remediation Site

PennitNo. OK0100510 Facility ID No. I-42000560 Fact Sheet Page 28 Since the model above is based on groundwater instead of effluent and is a worst case scenario with one data point, no limits will be given; however, Chromium, Copper, Lead, Mercury, Selenium, Thallium, Zinc, and Cyanide will be monitored for 12 data points starting three and half years into the permit.

2. Background Monitoring Requirements OAC 252:690-3-10 requires that, where available, background levels be included in reasonable potential assessments and in calculating wasteload allocations.

a. Determination of Background Monitoring Requirements for Aquatic Toxicity, Human Health and Raw Water Column Criteria Background levels are known for the following pollutants:

For Outfalls 001 & 002: Uranium, Fluoride, Nitrate-Nitrite, Chlorides, Sulfates, TDS (1) Zero Background-Based Effluent Limits Required Where zero background/water quality-based limits are established in a permit (derived from aquatic toxicity, human health and raw water column criteria only) for a pollutant based on an assumed zero background (or a partial background data set consisting of less than 10 data points),

background monitoring for that pollutant is required. There are, however, two exceptions to this requirement, both of which exclude background concentration as a component in the wasteload allocation equation. These exceptions are as follows:

where permit limits are based on a chronic toxicity criterion in an effluent-dominated discharge situation (i.e., where Q* > 0.3333), and where permit limits are based on a human health criterion (either fish flesh or fish flesh and water) and the associated wasteload allocation was set equal to that criterion because the discharge is in close proximity to a PWS intake.

The latter exception is not applicable to Outfalls 001 & 002. No parameters received limits; thus, no background monitoring is required.

(2) Sensitive BT/C (Background Trigger to Criterion) Ratio Where permit limits for a pollutant are not required and the background is unknown (i.e., assumed zero), background monitoring may be justified for the purpose of reassessing whether there is reasonable potential to exceed an applicable criterion. In such cases, OAC 252:690-3-12 requires that a background trigger to criterion (BT/C) ratio be used to determine whether background monitoring is warranted for a pollutant. Effluent monitoring for the pollutant may or may not also be required. The trigger background concentration for a given pollutant and water quality criterion is defined in OAC 252:690-1-2 as "the background concentration necessary to trigger reasonable potential for a substance to exceed an applicable criterion given a specified mean effluent concentration." As described in Appendix J of OAC 252:690, the procedure involves calculating a BT/C ratio for each applicable criterion and comparing each such ratio with an associated threshold value, (BT/C)max, which is a function of the magnitude of each criterion. Where the value of the BT/C ratio exceeds 1.0, the C95 concentration is less than the criterion and there is no possibility of the pollutant exhibiting reasonable potential to exceed that criterion at any background level less Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet Page 29 than or equal to the criterion. Where the BT/C ratio ~ 1.0, the value of the C95 concentration is at least as great as the criterion and, depending on the magnitude of the criterion, background monitoring may be justified. If the BT/C ratio ~ (BT/C)max for any of the applicable criteria for a pollutant, then background monitoring for that pollutant is required. In order for (BT/C)max to be appropriately more sensitive to criteria of smaller magnitude, at which a measurable background level of a pollutant may have a relatively greater impact in the determination of reasonable potential, the value of the (BT/C)max threshold value function increases as the magnitude of a criterion decreases within the range of 1 to 1000 µg/l.

(a) Calculation of (BT/C)max The value of (BT/C)max for each applicable criterion is an inverse function of the criterion's magnitude with two break points (or "hinges"), one at 1 µg/l and the other at 1000 µg/l. It is calculated as follows:

(BT/C)max = 1.0, where the criterion~ 1.0 µg/1.

(BT/C)max = 2 log(;riterion), where the criterion> 1.0 µg/l and~ 1000 µg/l.

(BT/C)max = 0.125, where the criterion> 1000 µg/l.

(b) Calculation of BT/C Ratios Background trigger concentrations are first calculated for all applicable criteria and the BT/C concentration is then calculated by dividing the criterion-specific background trigger concentration by the applicable criterion. Values of Qe(JO)> Q*, C9s, CA, Cc, CFF, CFFw, and CRaw are as previously defined.

(i) Acute Toxicity Criteria BT/C Acute

(

64.63 CA - Q e(30) C95 J 64.63 - Q e(JO)

=

, where Qe(JO) < 64.63 mgd.

CA BT/CAcute is not defined for values of Qe(JO) 2:: 64.63 mgd.

(ii) Chronic Toxicity Criteria For discharges to streams, the following equations are used for values of Q* < 0.3333:

(

(l+Q*)Cc - l.9~Q*C 9s) 1- 0.94 Q BT/C Chronic =

, where Q

~ 0.1823 Cc Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. 1-42000560 BT/C Chronic Fact Sheet

(

(6.17 - 15.51Q*)Cc - C95J 5.17-15.51

=

Q

, where 0.1823 < Q* <0.3333 Cc Page 30 BT/Cc1ironic is not defined for Q* ~ 0.3333 (i.e., for effluent-dominated discharge situations),

since Cb drops out as a component of the chronic toxicity reasonable potential equation at that point.

(iii) Human Health/Fish Flesh Criteria (iv) Raw Water Column Criteria BT/C

= (l+Q*)CRaw -Q *C95 Raw C

Raw (v) Human Health/Fish Flesh and Water Criteria BT/CFFw = (l+Q*)CFFw -Q*C95 CFFW Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet (3)

Summary of Background Monitoring Requirements Summary of Background Monitoring Requirements for Outfall 001 Effluent Backgrd BT/C ratio BT/C Ratio Assessment Effluent Type BT/C ratio limit assumed procedure BT/C Characteristic Criterion (BT/C)nrnx

~

required? zero? a applicable?

Ratio c be (BT/C)max?

Chromium, total No Yes Yes Chronic 0.837 0.308 No FF

>1 0.125 No Copper, total No Yes Yes Acute

>l 0.228 No Chronic

>l 0.272 No Acute

>l 0.125 No Lead, total No Yes Yes Chronic

>l 0.318 No FF 1.0 0.379 No Acute

>l 0.768 No Mercury, total No Yes Yes Chronic

>l 0.924 No FF 0.995 1.000 Yes Selenium, total No Yes Yes Acute

>l 0.406 No Chronic 0.863 0.616 No Silver, total No Yes Yes Acute

>l 0.223 No FF

>l 0.125 No Zinc, total No Yes Yes Acute

>l 0.140 No Chronic

> l 0.144 No Page 31 Backgrd monitoring required?

No No No Yes No No No In addition to background levels calculated from complete data sets consisting of 10 or more data points, the use of background levels published in USGS, BUMP, USAP or TMDL reports will be considered equivalent to a complete background data set and are therefore considered "known." In accordance with OAC 252:690-3-1 l(d), if only a partial background data set is available (less than I 0 data points), it is considered the same as "background assumed zero" for purposes of calculating permit limits and determining whether additional background monitoring may be required.

b BT/C ratios for aquatic toxicity criteria are based on discharge directly to the Cimarron River.

BT/C ratios:::; 1 are shown rounded to 3 decimal places.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet Summary of Background Monitoring Requirements for Outfall 002 Effluent Backgrd BT/C ratio BT/C Ratio Assessment Effluent BT/C ratio Characteristic limit assumed procedure Type BT/C required? zero? a applicable? Criterion b Ratio c (BT/C)max

~

(BT/C)max?

Acute

>1 0.170 No Arsenic, total No Yes Yes Chronic

>1 0.206 No FF

>1 0.201 No Acute

>1 0.171 No Cadmium, total No Yes Yes Chronic

>1 0.588 No FF

>1 0.263 No Chromium, total No Yes Yes Chronic 0.99 0.308 No FF

>1 0.125 No Copper, total No Yes Yes Acute

>1 0.228 No Chronic

>1 0.272 No Acute

>l 0.125 No Lead, total No Yes Yes Chronic 0.998 0.318 No FF 1.0 0.379 No Acute

>1 0.768 No Mercury, total No Yes Yes Chronic

>1 0.924 No FF 0.998 1.000 Yes Acute

>l 0.125 No Nickel, total No Yes Yes Chronic

> l 0.128 No FF

>1 0.125 No Selenium, total No Yes Yes Acute

>l 0.406 No Chronic 0.982 0.616 No Thallium, total No Yes Yes Acute

>l 0.125 No FF 0.983 1.000 Yes Zinc, total No Yes Yes Acute 0.999 0.140 No Chronic 0.993 0.144 No Cyanide, total No Yes Yes Acute

>1 0.316 No Chronic 0.971 0.490 No Bis (2-Ethylhexyl)

No Yes Yes FF

> l 0.394 No Phthalate Dimethyl Phthalate No Yes Yes FF

>l 0.125 No Page 32 Backgrd monitoring required?

No No No No No Yes No No Yes No No No In addition to background levels calculated from complete data sets consisting of 10 or more data points, the use of background levels published in USGS, BUMP, USAP or TMDL reports will be considered equivalent to a complete background data set and are therefore considered "known." In accordance with OAC 252:690-3-1 l(d), if only a partial background data set is available (less than 10 data points), it is considered the same as "background assumed zero" for purposes of calculating permit limits and determining whether additional background monitoring may be required.

b BT/C ratios for aquatic toxicity criteria are based on discharge directly to the Cimarron River.

BT/C ratios~ 1 are shown rounded to 3 decimal places.

b. Agriculture Criteria For chloride, sulfate and TDS, where site-specific background data is not available, the background concentration is calculated from historical YMS and SS data in Appendix F of OAC 785:45 (see Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet Page 33 Section V.D.3). Thus, use of the BT/C ratio is not appropriate for determining whether background monitoring of these three mineral constituents is wan-anted.

F. 303(d) LIST

1. Water Quality Assessment and Causes oflmpairment The 2014 edition of the state's 303(d) list indicates the following:

a. Outfall 001 & Outfall 002 The segment of the Cimarron River to which Outfalls 001 & 002 discharge to (WBID 620910010010_10) is listed as not impaired.

2. 303(d) List-Related Permitting Actions

a. Permitting Actions Where causes of impairment are listed generically, i.e., as a class of pollutants rather than as a specific pollutant or pollutants, EPA Region 6 policy requires that the draft permit include monitoring and reporting requirements for constituent pollutants in each listed class of pollutants as well as a reopener clause to incorporate the results of the approved TMDL as permit conditions. The data collected as a result of this requirement would then be used to suppo1t TMDL development. The stream segment is not listed as impaired, and therefore no 303(d) list-related permitting actions are necessary.

b. Reopener clause A reopener clause is provided in the permit for the purpose of incorporating provisions of the TMDL after it is completed and approved.

3. Total Maximum Daily Load (TMDL)

A TMDL has not been completed for this segment of the Ciman-on River (WBID OK620910010010_10) since the stream segment is not listed as impaired.

G. ANTIDEGRADATION REQUIREMENTS As stated in Section V.B, no antidegradation restncttons apply to the segments of Cimarron River.

Implementation of the state's antidegradation policy, as described at OAC 785:46, Subchapter 13, requires no fmther protection beyond the Tier 1 level (maintenance and protection of designated uses) for these receiving waters.

H. PROTECTION OF ENDANGERED AND THREATENED SPECIES AND CRITICAL HABITAT The segment of Cimarron River to which the remediation site discharges is considered by the U.S. Fish and Wildlife Service (USFWS) to be a sensitive area for endangered or threatened species.

The DEQ has determined since there is a proposed increase in the facility's flow, the draft permit will be sent to the USFWS for review, per the agreement between the USFWS and the DEQ. No adverse impact on endangered or threatened species or their critical habitat is expected.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet I.

316(b) COOLING WATER INTAKE REQUIREMENTS Page 34 This facility does not have a cooling water intake structure. Thus, these requirements do not apply to this facility.

VI. NON-DISCHARGE REQUIREMENTS A. SURFACE IMPOUNDMENTS & TANKS The facility does no use impoundment or tanks.

B. LAND APPLICATION The facility does not use land application.

C. SEPTIC TANK SYSTEM Not applicable as stated in the permit application.

VII. DRAFT PERMIT EFFLUENT LIMITATIONS A. GENERAL In accordance with 40 CFR 122.44(a), (d) and (I), pollutant limitations and monitoring requirements are established in the draft permit based on the more stringent of technology-based, water quality-based or previous permit requirements. Both concentration and mass (loading) limits are established unless it is impractical to specify loading limits because of the units in which concentration limits are expressed (e.g., standard units for pH or degrees for temperature). Such loading limitations are calculated for each affected outfall using that outfall's high 30-day average effluent flow, Qe()O), over the period of record (see Section III.B.1) according to the following equation:

Mass loading limit (lb/day)= Concentration limit (mg/!) x Qe()O) (MGD) x 8.34 Cimarron Environmental Remediation Site

Permit No. OKO 100510 Facility ID No. 1-42000560 B. OUTFALLS Fact Sheet The following effluent limitations and monitoring requirements for Outfalls 001 & 002.

1. Limited Parameters Mass Loading Limitations and Reporting Requirements Technology Limits Drinking Water Water Quality Stds Effluent Standards Basis Outfall Characteristic a Monthly Daily Monthly Daily Monthly Daily Avg Max Avg Max Avg Max Flow (mgd)

Uranium (ug/l) 001 Fluoride Nitrate pH (s.u.)

Flow (mgd)

Uranium (ug/l) 002 Fluoride Nitrate pH (s.u.)

• Units are lb/day, unless otherwise specified.

Concentration Limitations and Repo1iing Requirements Technology Limits Drinking Water Water Quality Stds Standards Basis Outfall Effluent Characteristic a Monthly Daily Monthly Daily Monthly Daily Avg Max Avg Max Avg Max Flow (mgd)

Uranium (ug/l) 30 001 Fluoride 10 Nitrate 10 pH (s.u.)

6.5 -9.0 Flow (mgd) 002 Uranium (ug/l) 30 Fluoride 10 Nitrate 10 pH (s.u.)

6.5 -9.0

• Units are mg/I, unless otherwise specified.

Cimarron Environmental Remediation Site Page 35 Draft Permit Monthly Daily Avg Max Report Report Report Report Draft Permit Monthly Daily Avg Max 30 10 10 6.5 -9.0 30 10 10 6.5 -9.0

Permit No. OK0100510 Facility ID No. 1-42000560 Fact Sheet

2. Monitoring Frequencies and Sample Types

a. Evaluation for Performance-Based Monitoring Frequency Reductions Page 36 Performance-based monitoring frequency reductions are considered in accordance with OAC 252:690-3-91 and Chapter 3 of the CPP. Where Significant Noncompliance (SNC) with permit limitations has been exhibited during the period of record, the facility is ineligible for any performance-based monitoring frequency reduction for the affected pollutant. Results of the evaluation are as follows.

None, this is a new permit.

b. Monitoring Requirements and Sample Types Based on monitoring requirements in OAC 252:690-3-90 through 3-91, and incorporating the results of the evaluation for performance-based monitoring frequency reductions in Section VII.B.2.a, monitoring requirements for Outfall 001 and Outfall 002 beginning at the effective date of the permit are as follows.

Monitoring Requirements and Sample Types - Outfall 001 & 002 Draft Permit Outfalls Effluent Characteristic Ms mt Sample Frequency Type Flow Continuous Estimate Uranium

• 2/month Grab Fluoride 2/month Grab Nitrate 2/month Grab Manganese, total I/month a Grab OOI Chromium, total I/month a Grab Copper, total I/month a Grab Lead, total I/month a Grab 002 Mercury, total I/month a Grab Selenium, total I/month a Grab Thallium, total I/month a Grab Zinc, total I/month a Grab Cyanide, total I/month a Grab pH 2/month Grab

• Fourth year of permit only, I 0 samples needed.

C. BACKGROUND MONITORING (MONITORING POINT 999)

Background levels of the following pollutants in the Cimarron River will be monitored and reported as follows:

Background Monitoring Requirements Pollutant Concentration Monitoring Requirements

(µg/I unless otherwise specified)

Frequency" Type Sample Mercury, total Report I/month Grab Thallium, total Report I/month Grab Background monitoring samples are to be taken from within the channel of the Cimarron River at a location immediately upstream from, but not affected by, the discharge from Outfall 001. Upon completion of the one-Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet Page 37 year background monitoring requirement for the above pollutants, the permittee must submit a summary report, including copies of the laboratory reports.

D. COMPLIANCESCHEDULE None VIII.

SUMMARY

OF CHANGES FROM PREVIOUS PERMIT The following changes were made in the draft permit relative to the previous OPDES permit.

This is a new permit.

IX. ADMINISTRATIVE RECORD The following sources were used to prepare the draft permit and constitute a part of its administrative record.

A. APPLICATIONS OPDES Permit Application No. OK0100510 (Form 1, 2D), received 5/26/16 and corrected Forms 1 and 2D, when the treatment design decreased the amount of flow, received 1/19/17.

B. CLEAN WATER ACT CITATIONS Sections 301, 303(d), 305(b), 402(a) and 402(0).

C. 40 CFR CITATIONS 40 CFR Parts 122, 124 and 136.

D. STATE LAW, STANDARDS, AND RULES AND REGULATIONS Oklahoma Pollutant Discharge Elimination System (OPDES) Act, 27A O.S. §2-6-201 et seq.

OAC 252:606, Discharge Standards (DEQ).

OAC 252:690, Water Quality Standards Implementation (DEQ).

OAC 785:45, Oklahoma Water Quality Standards (OWRB).

OAC 785:46, OWQS Implementation (OWRB).

Oklahoma Continuing Planning Process (CPP) Document (DEQ).

E. MISCELLANEOUS 2014 Integrated Report, Appendix C (303(d) List) and Appendix E (completed TMDL's).

2001 Beneficial Use Monitoring Program (BUMP) Report (OWRB).

EPA Region 6 revision to Post Third Round Biomonitoring Policy, dated June 30, 2000.

USGS publication, Statistical Summaries of Streamflow in and near Oklahoma Through 2007, U.S.

Geological Survey Scientific Investigations Repott 2009-5135, Lewis, J.M., and Esralew, R.A., 2009.

Cimarron Environmental Remediation Site

Permit No. OK0100510 Facility ID No. I-42000560 Fact Sheet X. REVIEW BY OTHER AGENCIES AND FINAL DETERMINATION Page 38 A draft permit and public notice will be sent to the District Engineer, Corps of Engineers, and to the Field Supervisor of the U.S. Fish and Wildlife Service upon the publication of the notice. If comments are received from these agencies or other State or Federal agencies with jurisdiction over fish, wildlife, or public health, the permit may be denied or additional conditions may be included in accordance with regulations promulgated at 40 CFR 124.59.

The public notice describes the procedures for the formulation of final determinations.

Cimarron Environmental Remediation Site

Page 1 of PART III PART III STANDARD CONDITIONS FOR STATE INDUSTRIAL WASTEWATER TREATMENT SYSTEM PERMIT SECTION A. GENERAL CONDITIONS

1.

Policy The provisions of these general conditions shall be given an interpretation which is consistent with the policy of this state regarding water quality, as set forth in 27A O.S. §2-6-101 et seq.

2.

Statutory Provisions The provisions of these general conditions are authorized pursuant to 27A O.S. §§ 2-6-101through2-6-106 and 2-6-501through2-6-501.2.

3.

Rule Citations The pennittee must comply with standard conditions contained herein in addition to all applicable rules contained in OAC 252 Chapters 606, 611 and 616, or their replacements.

4.

Duty to Comply The permittee must comply with all conditions of this pennit. Any permit noncompliance constitutes a violation of the applicable State laws, including Article VI of the Oklahoma Environmental Quality Code, and is grounds for enforcement action; for permit tennination, revocation and reissuance, or modification; or for denial of a permit renewal application.

5.

Duty to Reapply If the pennittee wishes to continue an activity regulated by this permit after the expiration date of this pennit, the permittee must apply for and obtain a new permit. The application shall be submitted at least 180 days before the expiration date of this permit *unless otherwise authorized by the Executive Director. The Executive Director may grant pennission to submit an application less than 180 days in advance but no later than the permit expiration date. Continuation of expiring permits shall be governed by OAC 252 :~

616-3-2 or its subsequent updates

6.

Permit Modification

a.

The following shall be subject to Tier I requirements found in OAC 252:004:

(1) change of name, address, (2) typographical errors in nonsubstantive provisions of the pennit, or (3) transfer of ownership.

b.

All other changes in the treatment system, operations, wastes, activities or other changes may be subject to Tier II requirements as provided in OAC 252:004.

7.

Transfers This permit is not transferable to any person except after notice to the Executive Director. The Executive Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as necessary under the Act. Permit transfers shall be governed by OAC 252:616-3-4(g)

8.

Propertv Rights This pennit does not convey any property rights of any sort, or any exclusive privilege.

9.

Duty to Provide Information The perrnittee shall furnish the Department, within a reasonable time, any infonnation which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit.

The pennittee shall also furnish to the Department, upon request, copies of records required to be kept by this pennit.

10. Signatory Requirements All applications, reports, or information submitted to the Executive Director shall be signed and certified.

a.

All pennit'applications shall be signed.as follows:

(1)

For a corporation - by a responsible corporate officer.

For the purpose of this section, a responsible corporate officer means: *

b.

c.

(2)

(3)

(a)

A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who. performs similar policy or decision making functions for the corporation; or (b)

The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

For a partnership or sole proprietorship - by a general partner or the proprietor, respectively.

For a municipality, State, Federal, or other public agency - by either a principal executive officer or ranking elected official.

For purposes of this section, a principal executive officer of a Federal agency includes:

(a)

The chief executive officer of the agency, or (b)

A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

All reports required by the pennit and other information requested by the Executive Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(1)

The authorization is made in writing by a person described above; (2)

The authorization specifies either an individual or a position having responsibility for the oyerall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or an individual occupying a named position; and (3)

The written authorization is submitted to the Executive Director.

Certification. Any person signing a document under this section shall make the following certification:

"I certify under penalty of law that this *document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the infonnation submitted.

Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the infonnation, the infonnation submitted is, to the. best of my knowledge and belief; true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

11.

Penalties Violations of the terms of this pennit may subject the pei-mittee to criminal, civil or administrative sanctions as set forth in Oklahoma Statutes.

SECTION B. OPERATION AND MAINTENANCE

1.

Terms and Conditions' of Permits Specific terms and conditions may be included as necessary to protect water quality and to prevent, abate or control pollution of the environment. (See Part II of this pennit for the specific requirements)

2.

General Pollution Abatement Storage systems shall be designed and located to prevent water pollution.

3.

Prohibitions and Limitations

The Department may deny permit applications for industrial wastewater systems located within any waters of the state. The Department may impose siting requirements to protect waters of the state.

4.

Reporting. Records. Compliance and Sampling

a.

The Department may impose requirements for monitoring, reporting,

records, and sampling on permitted facilitres.

Additional requirements may be included as conditions of pre-closure sampling plan approval, closure plan approval, and remediation plan approval documents. Additional or specific requirements are listed in Part*II of this permit.

b.

Monitoring reports, plans and other reports provided to the Department shall contain data analysis and sample results prepared by a laboratory certified by the Department under OAC 252:300.

c.

Monitoring and sampling information shair be supplied to the Department on self monitoring report (SMR) forms, other appropriate forms approved by the Department and developed for the specific purpose or in such other form and format as may be specified by the Department.

SECTION C. SURFACE IMPOUNDMENTS I.

Specific Requirements for Surface Impoundments The requirements of OAC 252:616 apply to the design, construction, operation, and maintenance of total retention, flow-through or other surface impoundments.

If the Department determines a surface irnpoundment is or is likely to become a source of pollution to waters of the state or the environment, the Department may order reconstruction or modification of the impoundment, or pre-treatment of the wastes to be impounded.

2.

Additional Requirements The Department may impose specific requirements for impoundment construction, maintenance, and operation on a case-by-case basis. These additional requirements are listed in Part II of this permit.

3.

Impervious Cap or Cover When impervious caps or covers are proposed to be constructed as a method of closure in connection with a closure plan, the requirements of OAC 252:616 5 13 3(d) shall be met.

4.

Impoundment Modifications. Additions. Extensions and Operational Changes a

All proposed modifications to an impoundment or operational changes must meet the requirements of OAC 252:616.

All proposals to take such actions shall be submitted to the Department no less than sixty ( 60) days prior to the proposed date to commence such activity.

Modification of the permit may be required to reflect such proposed changes. Major modifications are subject to the requirements found at OAC 252 :~

004.

b.

If there exist emergency conditions requiring immediate repairs to an impoundment to prevent environmental pollution or adve.rse effects on public health, welfare or safety, the permittee shall notify the Department by telephone 1-800-256-2365 (Oklahoma City Metropolitan Area) within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of becoming aware of such emergency conditions. The permittee shall provide written notice to the Department within seven (7) days of the telephone notification. The written notice shall describe the emergency, all work completed and all actions proposed to be taken to correct the situation.

SECTION D. SEPTIC TANK SYSTEMS I.

Specific Requirements for Septic and Other Tank Systems The requirements of OAC 252:616 apply to the design, construction, operation, and maintenance of total retention, flow-through or other tank systems, including all septic tank systems containing nonhazardous industrial :wastes or wastewater regulated by the Department.

2.

Additional Requirements The Department may impose specific requirements for septic or other tank system construction, maintenance, and operation on a case-by-case basis. These additional requirements are listed in Part II of this permit.

Page 2 of PART III

3.

Septic and Other Tank System Modifications. Additions. Extensions.

' and Operational Changes All modifications to a septic or other tank system or operational changes must meet the requirements ofOAC 252:616. All proposals to take such actions shall be submitted to the Department no less than sixty (60) days prior to the proposed date to commence such activity. Modification of the permit may be required to reflect such proposed changes. Major modifications are subject to the requirements found at OAC 252:004.

4.

Underground Storage Tanks For complaints and incidents referred to the Department and for cases of pollution which may involve Underground Storage Tanks which are under the jurisdiction of the Departm~nt, the appropriate provisions of the OCC General Rules and Regulations Governing Underground Storage Tanks In Oklahoma (OCC Rules), as revised, and provisions of OAC 252:611 or other applicable rules of the Department will be utilized as appropriate. Said OCC Rules are hereby incorporated by reference.

SECTION E. CLOSURE

1.

Termination of Activities Subject to OAC-252:616 and Closure

a.

Notice. The owner or operator of a surface impoundment,c septic tank, or other tank system shall provide the Department with a minimum of ninety (90) days written notice prior to permanent cessation or abandonment of the surface irnpoundment, septic tank, or other tank system.

b.

Contents of Notice. Each notice shall contain, at a minimum, the following:

(1)

Name, address and title of the person(s) who will remain in charge of or otherwise have continuing management responsibility of the facility or site and who will retain an ownership interest in personal or real property affected by the permitted operation; (2)

A detailed schedule of proposed closure activities; and (3)

Forwarding addresses and names of each* present owner or operator under the current permit.

c.

Requirements are Mandatorv. It shall be a violation of this section to permanently cease the use of or abandon any facility or site without complying with notice and closure requirements specified by the Department.

d.

Correction of Environmental Damage.

The Department may require such continuing monitoring, sampling, reporting, or remedial measures as deemed appropriate and necessary to correct.

environmental damage resulting from activities subject to the requirements ofOAC 252:616.

Cimarron Decommissioning Plan Revision 1 Appendix I 1

Exemption of Packaged Fissile Exempt Material from U-235 Possession Limit Introduction This document provides justification for NRC approval of a revised license possession limit for License Number SNM-928 to facilitate timely and cost-effective decommissioning operations.

The proposed limit includes specific conditions for the possession and storage of materials that meet the requirements for exemption from classification as fissile material as per 10 CFR 71.15.

This change is focused on safety and control of materials containing low concentration of special nuclear material generated during decommissioning operations involving treatment of groundwater. This change will allow an acceptable means to store packaged fissile exempt materials prior to transport to an off-site facility for disposal. This change is necessary to facilitate efficient and timely decommissioning operations by allowing greater flexibility for removal of low concentration special nuclear material (SNM) and more efficient transportation.

The proposed license amendment is compatible with NRCs goals for the decommissioning program. As stated in the NRCs Program Evaluation of Changes to the Decommissioning Program (September 2003), Because of the persistent challenges facing the Decommissioning Program as well as the high cost to licensees for decommissioning, the staff believes that its near-term goal should be to continue improving the efficiency and timeliness of decommissioning activities at all decommissioning sites without impacting safety or public confidence. The proposed change will allow the licensee to perform decommissioning more efficiently. In addition, this approach reduces unnecessary regulatory burden associated with decommissioning at the Cimarron Site and has no adverse impact on public safety.

The primary basis for the requested changes is to facilitate handling, transportation and disposal of large volumes of materials containing low concentrations of SNM. NRC regulations pertaining to SNM, particularly 10 CFR Part 70 and 73, were established primarily for the safe handling and control of various quantities of stock material for the fuel cycle. Low concentration residues being stored prior to transportation and disposal as waste do not pose the same hazards and concerns as stock material and therefore should not require the same level of regulatory control to maintain comparable safety. The NRC has previously approved similar activities as discussed in this Appendix.

Due to the limited number of active SNM-licensed sites undergoing decommissioning, the NRC has deferred changes in the regulations and the current practice is to address decommissioning regulatory issues through the amendment and exemption process.

Authorization for Possession and Specific Conditions of Use of Fissile Exempt Materials The efficient and effective decommissioning of the Cimarron Site will require the treatment of groundwater. The treatment process generates ion-exchange resins containing low concentrations of uranium. The current license contains mass possession limits for enriched uranium. Although appropriate for higher concentration SNM, these limits place significant constraints on the decommissioning process when material contains low concentrations of low enriched uranium.

Cimarron Decommissioning Plan Revision 1 Appendix I 2

The proposed license amendment requested in this application incorporates a new possession limits based on the limitations of fissile exempt material. NRC and Department of Transportation (DOT) regulations for the transportation of radioactive material provide for the safety of packaged materials that are stored on site pending transport for either recycling or disposal. 10 CFR 71.15 exempts from classification as fissile material any material which meets a specified ratio of fissile to nonfissile material mass.

Section 6.2 of Facility Decommissioning Plan - Rev 1 proposes the addition of Item D to the possession limit table. Item D would enable the licensee to accumulate and store containers of waste meeting the transportation requirements for fissile exempt materials, independent of the U-235 mass possession limit. This would enable the licensee to store containers of low level radioactive waste until a full load is accumulated for transportation to an off-site disposal facility. To place an additional limit on the mass of SNM that could be placed into storage, Section 6.2 of Facility Decommissioning Plan - Rev 1 also incorporates a new Note 1 that states:

Note 1: The total mass of U-235 possessed under conditions 8A and 8D shall be limited to less than 0.5 effective kilograms of special nuclear material of low strategic significance. The requirements of 10 CFR Part 74.31 for the Nuclear Material Control and Accounting are therefore not applicable.

This provision of the site possession limits would apply to the entire site inventory of SNM and therefore it effectively places an upper limit on the total amount of SNM that could be possessed under Item 8D of the site possession limit.

In addition to evaluations related to criticality safety to transportation, similar studies have been performed for disposal of similar materials. In November 1994 NRC issued NUREG/CR-6284, Criticality Safety Criteria for License Review of Low-Level Waste Facilities. This study provided nuclear criticality safety levels for disposal of materials in terms of areal density (grams per square foot). Later the NRC issued NUREG/CR-6505, The Potential for Criticality Following Disposal of Uranium at Low-Level Waste Facilities in June 1997. This study provided nuclear criticality safety levels for disposal of materials in terms of concentration limits. NUREG/CR-6505 is the technical basis for the current waste acceptance criteria (WAC) for disposal of SNM. WAC for enriched uranium (comparable to transportation requirements) include a limit of 1,900 pCi/g U-235 for enrichments less than 10% or a limit of 1,190 pCi/g U-235 for enrichments of 10% or greater.

Given that there are different criteria for transportation (mass ratio) and disposal of low concentration enriched uranium (radionuclide concentration), a comparison will be useful.

Conversion of the of transportation requirements from mass ratio (2,000 grams nonfissile for every gram fissile) to radionuclide concentration results in 1,080 pCi/g U-235. Since this is less than the WAC for enriched uranium, the fissile exempt concentration for transportation is the most conservative and limiting value. Furthermore, materials that meet the transportation requirements for fissile exempt will also be acceptable for disposal since U-235 concentrations will be less than WAC limits.

Cimarron Decommissioning Plan Revision 1 Appendix I 3

In addition, shipments of spent resins must adhere to the definition of Fissile Exempt. The definition of fissile exempt is based on the assumption that the fissile material is pure U-235 (i.e. 100% enrichment), therefore the applicable regulations for the transport of the waste from the nuclear criticality safety standpoint are conservative for any material that may be encountered during decommissioning at the Cimarron Site where the enrichment of the uranium is limited to approximately 4% U-235.

Another potential concern regarding fissile exempt materials is security. In NRC Regulatory Guide 5.59, Standard Format and Content for a Licensee Physical Security Plan for the Protection of Special Nuclear Material of Moderate or Low Strategic Significance states that the quantity of concern for gross theft is estimated as 75 kg of U-235. At the fissile exempt concentration (1,080 pCi/g U-235) this converts to approximately 165 tons of waste material.

Moreover, as part of the evaluation for WAC and an Order exempting the disposal facility from requirements relative to possession of SNM published in 68FR74986-74988, the NRC stated, Safeguarding SNM against diversion or sabotage is not considered a significant issue because of the diffuse form of the SNM in waste meeting the conditions specified.

Since the fissile exempt criteria for transportation is less than the WAC, material meeting fissile exempt should not be considered a significant security issue, since diversion or sabotage of low concentration material is not a practical threat. Therefore, once material has been demonstrated to meet fissile exempt criteria, no additional physical protection measures under 10 CFR Part 73 for SNM should be required. This concept of a specific exemption from the regulations in 10 CFR 70 for a waste disposal site was given to both the Clive, UT and Andrews, TX disposal sites. A license provision to exempt packaged materials from the license possession limit was issued to ABB for the Windsor Site by License Amendment #66 dated October 29, 2009 (License # 060-00217-06, Docket # 030-03754).

Resin which accumulates uranium will be mixed with sufficient non-fissile material to comply with both fissile exempt criteria and disposal site WAC. The mixed LLRW will be transferred into appropriate transport containers meeting transportation requirements for fissile exempt materials. The initial demonstration that the waste material meets the transportation requirement will be based on process control measurements that conservatively determine the mass of U-235 accumulated in each batch of LLRW mixture (spent resin). This initial mass determination will be added to the site SNM inventory, but will not count against the mass possession limit for U-235. Samples of each batch of the LLRW mixture will be collected, and the concentration and mass of SNM for each container will be determined. Adjustments will be made to the site SNM inventory as necessary to reflect the revised mass concentrations determined from analytical results and the measured container weights to establish the final mass of U-235 in each container and document that the transportation regulations have been met.

This process will maintain sufficient documentation and control of the material to ensure nuclear criticality safety during decommissioning operations, as well as accountability of the material while it remains at the Site. Reporting of SNM transactions and inventory to Nuclear Materials Management & Safeguards System (NMMSS) will be in accordance with NRC regulations.

Cimarron Decommissioning Plan Revision 1 Appendix I 4

Resin Waste Criticality Evaluation The resin processing operation involves blending resin with non-resin material. Blending will result in uniform distribution of SNM throughout the packaged waste matrix in compliance with the transportation requirements. The blended waste will be containerized for shipment and will be certified to meet all the requirements of the Waste Acceptance Criteria (WAC) for the disposal site. The blended waste will comply with the following specific WAC requirements:

1) The SNM will be uniformly distributed throughout the matrix of the resin, a hydrocarbon material. This material is considered soil-like but is not a SiO2 matrix.

2) The waste form will be in containers which will be disposed at the licensed disposal site in accordance with license requirements for containerized waste for the disposal site.

Discussions have been held with the proposed waste disposal site to confirm that the packaged waste does conform to the WAC. This Appendix provides the analysis used to demonstrate that a critical condition related to the transportation or disposal of the spent resin mixture is not credible.

Summary of NUREG/CR-6505 Assessment The analysis in NUREG/CR-6505 is based on a conservative model where the SNM in the disposed waste has been mobilized and transported to a lower elevation, then concentrated on soil in an optimum geometry with an optimum water content.

The analysis performed in NUREG/CR-6505 is not based on the form of the waste at the disposal site that meets the WAC. NUREG-6505 Vol. 1 Section 10.1.3 identified the following basic assumptions that were used to model the waste disposal site for the disposal of Special Nuclear Material (SNM). Using these assumptions, the transported fissile material yielded subcritical conditions:

1) the SNM is uniformly distributed throughout the soil,

2) the soil matrix is SiO2, and

3) the SNM-contaminated soil matrix has a spherical geometry and an optimal water content for nuclear criticality.

The analysis further stated that the probability of transporting the 235U and concentrating it into a suitable geometry and density to achieve criticality is very low. Additionally, the results confirmed that SiO2 is a conservative soil matrix for nuclear criticality evaluations. Finally, the analysis concluded that a slab configuration seemed the most likely to yield a potential for criticality.

The analysis did not model the SNM bearing waste at the point of placement in the disposal site.

Instead, it modeled the mobilization of the uranium from the original waste disposal location, transport to and concentration at another location by hydrogeochemical processes into a specific geometry that was evaluated for nuclear criticality safety.

Cimarron Decommissioning Plan Revision 1 Appendix I 5

The form of the initial waste in the disposal site is not considered in this analysis. However, this analysis was used to justify the concentration limits that have been established for the waste disposal sites as issued by the NRC.

Comparison of Cimarron Waste Stream to a SiO2 Matrix The uranium bearing waste streams that will be generated at the Cimarron Site meet the requirements of the Waste Acceptance Criteria (WAC) for the planned disposal site. To compare the resin waste matrix with a comparable SiO2 matrix, the model named in NUREG/CR-5342, Assessment and Recommendations for Fissile-Material Packaging Exemptions and General Licenses Within 10 CFR Part 71 was used for comparison of the two different matrices in the transportation mode.

The transport criticality calculations from NUREG/CR-5342 model an array of 55-gallon Transport drums containing a resin or soil matrix. The drums are assumed to be 55-gallon, 20-gauge 316 stainless steel, DOT-17E drums. The array size was chosen to represent 5 transport vehicles worth of fissile material. The array size is 27 x 27 x 6, with a hexagonal pitch and surrounded by a 30.48-cm thick water reflector. A VISED plot of the MCNP geometry for this calculation is shown in Figure 1. The fissile concentration is 0.5 g 235U/ kg matrix material with an enrichment of 7.33 wt. % 235U. The fissile concentration is the maximum concentration permitted under the Transportation regulations.

The following assumptions are made for the transport model (these are consistent with the parameters described in the NUREG/CR-5342):

1. The pitch between transport drums is assumed to be equal to the drum outer diameter.

Increasing the pitch only increases neutron leakage and decreases reactivity.

2. The interstitial area between drums is set to a void to decrease neutron absorption between drums.

3. The resin is assumed to be composed of carbon and hydrogen with an atomic ratio of 1 with a density of 0.96 g/cm3. (Table 3-1 of NUREG/CR-5342)

4. The soil is assumed to be SiO2 with a density of 1.6 g/cm3. (Table 3-1 of NUREG/CR-5342)

Cimarron Decommissioning Plan Revision 1 Appendix I 6

Figure 1 - X-Y Slice of MCNP Geometry for 27x27x6 Transportation Array of 110 gal. Drums Table - keff Results for a 27x27x6 Array of 110 gal. Drums containing 0.5 g 235U /kg Matrix Material Matrix Material Fissile Concentration (g U235/kg Matrix)

Enrichment (wt. % U235) keff keff + 3 Resin 0.5 7.33 0.10091 0.00005 0.10106 Soil (SiO2) 0.5 7.33 0.28866 0.00023 0.28935 Criticality Evaluation Conclusions These calculations demonstrate that the Cimarron waste stream, consisting primarily of a resin matrix, has a lower keff than the SiO2 matrix used as the basis for establishing the limits in the transportation regulations. The assumptions used for the calculations are conservative for the waste to be transported from the Cimarron site to the waste disposal facility.

Cimarron Decommissioning Plan Revision 1 Appendix I 7

Summary Fissile exempt materials have been evaluated by the NRC and shown not to pose any nuclear criticality safety or SNM physical security concerns. These changes will reduce unnecessary regulatory burden associated with decommissioning. In addition, it will allow more effective transportation of waste to the disposal site, reducing the risk of accidents. NRC has approved or allowed similar activities for such materials at other licensed facilities. This change will allow EPM to complete decommissioning in a timely and efficient manner and achieve license termination for unrestricted use, with no adverse consequences to safety.