ML20059C526

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Informs That NPDES Permit NH0020338 Renewed on 930930 & Effective on 931030.Copy of Renewed Permit & Certification by State of Nh Encl
ML20059C526
Person / Time
Site: Seabrook NextEra Energy icon.png
Issue date: 10/28/1993
From: Feigenbaum T
NORTH ATLANTIC ENERGY SERVICE CORP. (NAESCO)
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NYN-93152, NUDOCS 9311010184
Download: ML20059C526 (76)


Text

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,J Seab k NH 03874 -

Telephone (603)474-9521

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hh Facsimile. (603)474-2987 Energy Service Corporation Ted C. Felgenbaum Senior Vice President and Chief NuclearOfficer NYN-93152 October 28,1993 United States Nuclear Regulatory Commission Washington, D.C. 20555 Attention:

Document Control Desk

References:

(a)

Facility Operating License No. NPF-86, Docket No. 50-443 (b)

National Pollutant Discharge Elimination System (NPDES) Permit No.

N110020338

Subject:

Renewal of NPDES Permit No. NH0020338 Gentlemen:

The United States Environmental Protection Agency (EPA) has renewed NPDES Permit No.

NH0020338 issued to North Atlantic Energy Service Corporation for the operation of Seabrook Station.

The NPDES Permit was renewed on September 30,1993 and is effective on October 30,1993. A copy of the NPDES Permit and the certification by the State of New Hampshire are provided in Enclosure 1.

This notification is provided pursuant to Section 3.2 of the Environmental Protection Plan (Nonradiological).

Should you have any questions regarding this matter, please contact Mr. James M. Peschel, j

Regulatory Compliance Manager, at (603) 474-9521, extension 3772.

Very tfuly yours, ECW-Ted C. Feigt TCF:ALL/sm Enclosure l

l 010049 fo u a member of the Northeast Utilities system

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9311010184 931028 PDR ADOCK 05000443 h?il i

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.s United States Nuclear Regulatory Commission October 28,1993 :

l Attention: Document Control Desk Page two cc:

Mr. Thomas T. Martin Regional Administrator U.S Nuclear Regulatory Commission Region 1 475 Allendale Road King of Prussia, PA 19406 Mr. Albert W. De Agazio, Sr. Project Manager Project Directorate 1-4 Division of Reactor Projects U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Noel Dudley NRC Senior Resident inspector P.O. Box 1149 Seabrook, Nil 03874 1

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North Atlantic October 28,1993 ENCI OSURE I TO NYN-93152 i

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY g )'

REGION 1

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- JJ. KENNEDY FEDERAL ButLDING, BOSTON, MASSACHUSETTS 02203-2211 l

CERTIFIED MAIL - RETURN RECEIPT REQUESTED-October 1, 1993-T.

C.

Feigenbaum, President North Atlantic Energy Service Corporation P. O.

Box 300

' Seabrook, New Hampshire 03874 Re:

Permit Issuance, Seabrook Station-1 NPDSS Application No. NH0020338

Dear Mr. Feigenbaum:

Enclosed is your final. National Pollutant. Discharge Elimination System (NPDES) permit issued pursuant to the Clean Water Act (the

" Federal Act"), as amended.

The Environmental Permit Regulations, at 40 C.F.R.

5124.15, require this permit to.become' i

effective on the date specified in the permit.

I Also enclosed is a copy of the Agency's response:to the. comments received on the draft permit and information relativeLto hearing.

requests and stays of NPDES permits.

We appreciate your cooperation throughout the development of this permit.

Should you have any questions concerning the permit, feel free to contact T.

Landry of my staff at 617/565-3508.

Sincerely,

[I f4 f

Edward K. McSweeney, Chief Wastewater Management Branch Enclosures cc:

NH DES, Attn: Dr. Edward J. Schmidt All Interested Parties NH20338. FIN

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PAINTED ON RECVCLEO P APEA F

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s Permit No. NH0020338 Page 1 of 26 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Clean Water Act, as amended, (33 U.S.C.

Sections 1251 et sea.; the " CWA"),

North Atlantic Energy Service Corporation P.O.

Box 300 Seabrook, NH 03874 is authorized to discharge from a facility located at North Atlantic Energy Service Corporation Seabrook Station Route 1 Seabrook, NH to receiving water named Atlantic Ocean and Browns River in accordance with effluent limitations, monitoring requirements and other conditions set forth herein.

This permit shall become effective (30) drLrty days fran the date of issuance.

This permit and the authorization to discharge expire at midnight, five years from the effective date.

This permit supersedes the permit issued on July 26, 1985.

This permit consists of 25 pages in Part I including effluent limitations, monitoring requirements, etc., 19 pages in Part II including General Conditions and Definitions, 11 pages in Attachment A and 15 pages in Attachment B.

Signed this)/ ay of &&&r jfg

><Cl v,~zt',12' -??[s_<< =

Director

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Water Management Division Environmental Protection Agency Boston, MA REGION I

c Page 2 of 26 Permit No. NH0020338 Part I A.

Effluent Limitations and Monitoring Requirements 1.

Except as specified in Paragraphs 1 through 10 herein, the permittee shall not discharge to the Atlantic Ocea'n or to the Browns River, a final effluent to which it has added any pollutants.

a.

Chlorine may be used as a biocide.

No other biocide shall be used without explicit. approval from the Regional Administrator and the Director, Par.I.A.1.f.

b.

Total Residual Oxidant (Chlorine) concentration, unless otherwise specified, shall be measured downstream of the unit or units being chlorinated before that stream mixes with the receiving water.

The total oxidant or chlorine residual of the effluent shall not result in any demonstrable harm to aquatic life or violate any water quality standard which has been promulgated.

c.

The discharges shall not jeopardize any Class B use of the receiving waters and shall not violate applicable water quality standards for Class B water as defined by the State of New Hampshire.

d.

The permittee shall not at any time, either alone or in conjunction with any person or persons, cause directly or indirectly, the discharge of any waste into the receiving waters except waste that has been treated in such a manner as will not lower the class B quality or interfere with the uses assigned to said waters by the New Hampshire Legislature (Chapter 311, Laws of 1967).

This permit shall be modified, revoked or reissued e.

to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b) (2) (c) and (D), 304(b) (2), and 307(a) (2) of the CWA, if the effluent standard or limitation so issued or approved:

(1) contains different conditions or is otherwise more stringent than any effluent limitation in this permit; or (2) controls any pollutant not limited by this permit.

Page 3 of 26 Permit No. NH0020338 If the permit is modified or reissued, it shall be revised to reflect all currently applicable requirements of the CWA.

f.

The term " Regional Administrator" means the Regional Administrator of Region I of the U.S.

Environmental Protection Agency, or his designee, and the term " Director" means the Director of the Water Supply and Pollution Control Division of the New Hampshire Department of Environmental Services or his designee.

g.

There shall be no discharge of polychlorinated biphenyl compounds such as commonly used for transformer f]uid.

h.

The measurable thermal plumes from the Seabrook Station shall:

(a) not block zones of fish passage, (b) not interfere with spawning of indigenous populations, (c) not change the balanced indigenous population of the receiving water, and (d) not contact surrounding shorelines.

i.

All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Regional Administrator as soon as they know or have reason to believe (40 C.F.L. 122.42):

(1)

That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following " notification levels:"

(a)

One hundred micrograms per liter (100 ug/l);

(b)

Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (c)

Five (5) times the maximum concentration value reported for that pollutant'in the permit application in accordance with 40 C.F.R.

Section 122.21(g) (7) ; or

l Page 4 of 26 Permit No. NH0020338-(d)

Any other notification level established by the Regional Administrator-in i

accordance with 40 C.F.R.

Section 122.44(f).

(2)

That any activity has occurred or will occur I

which would result in the discharge, on a l

non-routine or infrequent basis, of any toxic l

pollutant which is not limited in the permit, l

if that discharge will exceed the highest ~of the following " notification levels:"

(a)

Five hundred micrograms per liter (500 ug/1) ;

.j (b)

One milligram per liter (1 mg/1) for antimony; (c)

Ten (10) times the maximum. concentration value reported for that pollutant in the permit application in accordance with 40 C.F.R.

Section 122.21(g) (7); or (d)

Any other notification level established by the Director in accordance with 40 C.F.R. Section 122.44(f).

(3)

That they have begun or expect to begin to use or manufacture as an intermediate or final product or by product any toxic pollutant which was not reported in the permit application.

j.

The thermal component of the discharge shall in i

all aspects be in accordance with the discharge described in the permittee's NPDES Permit Application No. NH0020338, dated August 1,

1974, as modified in the reapplication dated April 5, 1991, except as specifically modified below.

(1)

The permittee shall perform back-flushing (cooling water flow reversal for bio-fouling control) only during times when hydrological l

and meteorological conditions are such that the plume flows off-shore and/or temperature increases are minimized at the outer Sunk Rocks.

The permittee shall notify the l

Regional Administrator and the Director 15 l

calendar days before each back-flushing l

operation is initiated.

f. -

Page 5 of 26 Permit No. NH0020338 (2)

The thermal component of the discharge from the Seabrook Station shall not cause a temperature rise of~more than 5.0 F in the-

"near-field jet mixing region".

The 5-F limit shall apply only at the surface of the receiving. waters.

For the purposes of this paragraph the_"near-field jet mixing region" means that portion of the receiving waters within 300 feet of the submerged diffuser in the direction of discharge.

This paragraph shall apply only to temperature rises to the extent caused by the addition of heat to the receiving waters by the permittee.

This temperature requirement does not apply during the cooling water flow reversal (thermal backflushing) used for biological control.

(3)

During operation of Seabrook Station, the permittee shall conduct such additional studies as are determined by the Regional Administrator and the Director to be necessary to evaluate the accuracy of the thermal plume predictions it has submitted to EPA in support of the NPDES Permit Application No. NH0020338 for both normal operation and thermal back-flushing operations.

These thermal plume verification submittals shall be in accordance with Paragraph I.A.11.g of this permit.

(4)

During operation of Seabrook Station, the permittee shall conduct such studies as are determined by the Regional Administrator and the Director to be necessary to continuously monitor and evaluate the effect of the Seabrook Station on the balanced, indigenous population of shellfish, fish and wildlife in and on the body of water into which the discharge is made.

The proposed plan submittal shall be in accordance with Paragraph I.A.11 of this permit.

(5)

NPDES Permits issued from time to time in regard to the discharges from Seabrcoh Station will contain such further limitations or be modified to contain such further limitations on the thermal component of the discharge as the results of the above studies and other available information indicate to 1

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Page 6 of 26 Permit No. NH0020338 be necessary to assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on the receiving waters.

(6)

The effluent limitations of this permit shall apply to all thermal components of the discharge from the Seabrook Station, including but not limited to discharge during normal station operation and discharge during cooling water flow reversal for bio-fouling control.

(7)

The permittee has coated the external surfaces of the diffuser with a material approved by the Regional Administrator and the Director that would discourage the growth of marine organisms on the diffuser which might attract browsing fish which would then be susceptible to entrapment during the reversed flow back-flushing operation.

The permittee may propose alternate chemicals or methods for minimizing biological growth on the diffuser nozzles to the Regional Administrator and the Director for approval.

(8)

The permittee shall provide a study that will-evaluate the alternatives for thermal backflushing.

This analysis shall consider the environmental impact and technical feasability of each alternative including seasonal impacts on fish migration and spawning; endangered species; initial dilution; and plume dispersion.

Should the thermal backflushing procedure be selected as the final alternative, then the present thermal backflushing report shall be expanded to include the additional data requested the above.

This report defines the hydrological and meteorological conditions that would minimize the thermal impact on the biologically rich Sunk Rocks was developed under requirements of the 1985 permit, Par.

I. A.1. n. (1).

This study shall be submitted to EPA, the State and the TAC before the selected alternative is used to control the sessile organisms in the Intake Tunnel or by January 1,

1995, whichever comes first.

l

Page 7 of 26 Permit No. NH0020338 k.

The design, construction and capacity of all components of the cooling water System seaward of the inlets to the main condensers or other heat exchangers, as appropriate, of the Seabrook Station (the " Cooling Water Intake Structures")

shall in all respects be in accordance with NPDES Permit Application No. NH0020338, as submitted on August 1, 1974, and the permittee's Application for a Permit to Discharge or Work in Navigable Waters and their Tributaries, submitted to the Corps of Engineers by letter of October 25, 1974 except as Specifically modified below:

(1)

The Ccoling Water Intake Structure shall have three intake ports.

(2)

The permittee shall use an anti-fouling protective coating on the Cooling Water Intake Structures.

The multiport diffuser shall be maintained free of marine fouling organisms.

(The objective of this paragraph is to discourage the growth of organisms which might attract browsing fish which then would be susceptible to entrapment, Par.

I.A.1.j.7 above).

(3)

The velocity of water as it enters the Cooling Water Intake Structures shall at no time exceed 1.0 foot per second.

(4)

The Cooling Water Intake Structures shall incorporate such behavioral or other non-structural deterrents and barriers as the Regional Administrator and/or the Director determines to be appropriate under Section 316(b) of the Clean Water Act after reviewing the results of any permittee conducted studies and any other information available.

(5)

NPDES Permits issued from time to time in regard to the Cooling Water Intake Structures for the Seabrook Station will contain such further limitations and requirements or be modified to contain such further limitations and requirements as the results of any studies by the permittee and other available information indicate to be necessary to minimize adverse environmental impact from the Cooling Water Intake Structures.

Page 8 of 26 Permit No. NH0020338 1.

It has been determined that the Cooling Water Intake Structures presently designed employ the best technology available for minimizing adverse environmental impact.

No change in the location, design or capacity of the present structures can be made without prior approval of the Regional Administrator and the Director.

The present design shall be reviewed for conformity to regulations pursuant to Section 316(b) when such are promulgated.

m.

Should the intake tunnel and/or discharge tunnel require dewatering during an emergency condition, the permittee shall submit to the Regional Administrator and the Director an Emergency Dewatering Plan for their approvals as required in Paragraphs II.B.4 and II.B.5 of this permit which define " Bypass" and " Upset" operating conditions, n.

For this permit, the " Diversion Date" is defined as the date that Discharge 002 to Browns River is terminated and all point sources to the Browns River cease. The combined flow of the treated sanitary wastewater and the plant storm water runoff, Discharge 002, will be " diverted" from the Browns River to the Circulating Water System into the Discharge Tunnel, Discharge 001, through a new manhole.

For the purposes of this permit, this combined stream will continue to be designated as Discharge 002 for reporting purposes.

The permittee shall notify the Regional Administrator and the Director at least 30 days prior:

(1) to initial introduction of any Sanitary Wastewater, or storm water into the discharge tunnel and (2) to the " Diversion Date" when all discharges into the Browns River have been terminated.

It is understood that these two dates may not be concurrent when decomissioning the basin.

Page 9 of 26 Permit No. NH0020338 o.

The following chemicals are approved for water discharge.

These discharge levels may not be increased nor chemicals substituted without written approval by the Regional Administrator and the Director or their designees.

The permittee must demonstrate that the aquatic toxicity of the proposed changes are equal to or less than approved chemicals herein listed.

Calculated Maximum Discharce #001 Plant Product Concentration, com Water Svstem Hydrazine 0.5 Secondary Steam System Ammonia 0.5 Secondary Steam System Boron 5

Primary System Lithium Hydroxide 0.5 Primary System Hydrogen Peroxide 0.5 Primary System Ethylene Glycol 50 Exterior Heating / Cooling System Propylene Glycol 50 Same as Ethylene Glycol Bulab 9328 0.4 Corrosion protection for fresh water systems Bulab 6002 20 Biocide in cooling tower Cat Floc TL 0.1 Liquid Radwaste System.

To facilitate the removal materials made radio-active by neutron radiation in primary system Cat Floc L

0.1 Same as Cat Floc TL Nalcolyte 7134 0.1 Same as Cat Floc TL Sodium Nitrite 0.5 Heating / Cooling Systems Sodium Molybdate 0.5 Heating / Cooling Systems Sodium Silicate 5

Auxiliary Secondary System Scale Inhibitor Morpholine 0.1 Steam Generators Ethanolamine 0.5 Secondary Steam System Flocon 0.01 Sequestering Agent 1

Page 10 of 26 Permit No. N!!0020338

2. Durin3 the period beginning the Effective Date and lasting through Expiration Date, the permittee is authorizal to discharge frcan outfall(s) serial number (s) 001, Circulatin3 Water System Discharge ( A combination of all Seabrook Station waste water streams: Condenser Cooling Water, Service Water System, Liquid Waste Distillate, Steam Generator Blowdown, Coolin3 Tower Blowdown, Demineralizer Waste, Secondary Plant Icakage, Treated Sanitary Wastes, and Storm Water Runoff).

Such discharges shall be limited and monitored by the permittee as specified below:

a.

Effluent 01aracteristic Dischame Limitations Monitorim Recuirements Measurement Sanple Aw1. Monthly Max. Enily Frequency

'Ivre Flow, M3D Report Report Continucus*

Estimate Temperature Rise, (Delta-T),

F**

39 41 liourly llourly Avg.

Ibmperature (Maximum), F Report Report ilourly llourly Avg.

Total Residual Oxidants (1FO), ng/l 0.15 0.20 1/ day ***

Grab pil, s. u.

6.5 8.0 1/ day ***

Grab

'Ibe flow rate may be estimated frcan punp capacity curves.

Tenperature Rise is the difference between the Discharge ibnperature (Discharge Transition Structure) and Intake Tenperature (Intake Transition Stricture). The intake and discharge tenperatures will recorded by instruments or cxxnputers. The Temperature Rise and Maxinum

'Ibnperature shall be calculated as a hcurly average based upon at least twelve (12 times) per hour. 'these hourly average values will then be reported in the monthly CMRs.

Sanples to be taken once per day at approxinutely the same time Inriod. See Sulparagraph "e" below for additional 'IFO requirements.

b.

'Ihe pit of the disciurge shall not be less than 6.5 standard units nor greater than 8.0 standarti units or as naturally occurs in the receiving waters, Par. I.F.1.a.

'Um pit of the marine waters at the Intake Transition Structure shall be considered as the receivitxJ water pli for this permit.

OF

f.

Page 11 of 26 Permit No. NH0020338 c.

There shall be no visible discharge of oil sheen, foam, or floating solids in the vicinity of the diffuser ports.

Naturally occurring sea foam in the discharge transition structure is allowed.

Except in cases of condenser leak seeking and sealing, use of a reasonable amount of biodegradable and non-toxic' material may be used to the extent necessary to locate and/or seal any condenser leak.

The permittee shall report in the appropriate monthly DMR the occasions wherein this material was used giving the date(s) of the incident, the type of materials used and the amount of materials discharged.

d.

The temperature of the discharge at Discharge Transition Structure shall not exceed an Average Monthly of 39 F or Maximum Daily of 41 F rise over the temperature of the intake. The Monthly Average and Maximum Daily temperatures shall be reported without limit.

The temperatures shall be based upon a one-hour average temperature at the intake and discharge, e.

The Total Residual Oxidant (TRO) concentration shall not exceed 0.20 mg/l at any time the Discharge Transition Structure.

f.

Total Residual Oxidant Concentration shall be measured in the Discharge Transition Structure.

Total Residual Oxidants shall be tested using the Amperometric Titration Method, Method.4500-CL E in Standard Methods for the Examination of Water and Wastewater, 17th Edition dated 1989 or Method 330.1 in the EPA Manual of Methods of Analysis of Water and Wastes For this permit the Minimum Level (ML) [the minimum practical detection level] for Total Residual oxidants has been defined as 0.05 mg/l (50 ug/1) and that value may be reduced as more sensitive test methods are approved by the EPA and the State.

g.

Samples taken in compliance with the monitoring requirements above shall be taken at the Discharge Transition Structure prior to the cooling water entering the discharge tunnel.

h.

The permittee shall submit annually a Chlorine Minimization Report to the Regional Administrator and the Director as a component of the annual biological and hydrological report, Par. I.A.11 below.

The objective of this chlorination report is to continue minimizing the usage of chlorine i

consistent with maintaining a suitable biofouling control of the intake cooling water system and maintaining a high condenser efficiency.

The Chlorine Minimization Report should include as a minimum:

Page 12 of 26 Permit No. NH0020338 (1)

The seasonal chlorination cycle employed during the reporting period: the days the system was chlorinated, the sodium hypochlorite dosage level, the experimentally determined marine water chlorine demand, the TRO reported in the Discharge Transition Structure, the report on the biological monitoring plates in the Intake cooling water system, and the results of any inspections of the Intake Structures by divers or robots.

(2)

Annually, the permittee may propose long-term changes in the chlorination seasonal dosage rates.

These proposed changes with their justification are to be included in the annual review of the biological and hydrological data by the Technical Advisory Committee (TAC), Par. I.A.11.b below.

The proposed chlorination plan shall be implemented only after the acceptance by the TAC and approval of the Regional Administrator and the Director.

The permittee may propose changes in the approved seasonal chlorination rates to the Regional Administrator and the Director at any time to accommodate sudden changes in the biological activity of the marine waters which may immediately affect plant condenser efficiency or the Cooling Water System biological fouling.

At no time shall the concentration of TRO exceed 0.20 mg/l at the Discharge Transition Structure, Par.

I.A.2.a.

(3)

The permittee shall report on the likelihood that the thermal backflushing operation will be needed to compliment the continuous chlorination program in the ensuing year (frequency and reason for the backflushing).

(4)

The data developed for this report shall be inccrporated into the statistical hydrological and biological data base for future operational data comparison, i.

All material removed from the rotating screens in the cooling water intake system shall not be returned to the receiving waters, j.

The discharge of radioactive materials shall be in accordance with the Nuclear Regulatory Commission requirements (10 CFR 20 and the Seabrook Station Technical Specifications).

k.

The permittee shall conduct a Thermal, Biological, Hydrological and Chlorination Monitoring Program in accordance with Paragraphs I.A.1.j, I.A.2.h, and I.A.10.

7 page 13 of 26 Permit No. NH0020338 1.

The permittee shall perform chronic toxicity tests following the protocol in Attachment A (dated July 1991) on 24-hour composite effluent samples collected during January 1994 and July 1994.

The species for this test is the Inland Silverside (Menidia bervilina). Chronic and acute toxicity data shall be reported as required in Attachment A.

Results of these toxicity tests are to be submmitted as follows:

January sampling results due by June 15th and the July sampling results due by September 15th. This permit shall be modified, or alternatively, revoked and reissued to incorporate additional toxicity testing requirement and to include limits if the results of these toxicity tests indicate this discharge causes an exceedance of any water quality criteria.

Page 14 of 26 Permit No. Nil 0020338 Part 1

3. During the period beginniry the Effective Date an1 lastinJ through the Diversion Date*, the permittee is authorized to discharge fran outfall(s) serial number (s) 002A, Settling Basin Discharge ( Otznbined flow of: stonn water runoff and treated sanitary waste).

Such discharges shall be limited and monitoral by the pennittee as specified below:

a.

Effluent duracteristic Dischame Limitations Monitorim Requirements Measurement Sample Avu. Monthly Max. Dailv Freauency Type Flow, E D Report 41.5 Continuous Recon 3er Total Suspended Solids, ng/l 30 100 Weekly Grab Oil and Grease, nJ/1 15 20 Weekly Grab Total Residual Glorine, 4RC, ng/l**

0.0075 0.013 Weekly Grab pli, s.u.

6.5 8.0 1/ day Grab 1he " Diversion Date" is the date that Disdun3e 002A to the Browns River is tenninated and all point sources to the Browns River cease. See Paragraph I.A.1.n.

The divertal conbined stream of treated sanitary wastes arx1 stonn water will be designated as Ditdiarge 002B and will be sampled prior to entering the Circulating Water System.

Total Residual Glorine shall be tested using the Anperanetric Titration Method, Method 4500-CL E in Standard Methods for the Dcaminatial of Water ard Wastewater,17th niition dated 1989 or Method 330.5 in the EPA Manual of Methods of Analysis of Water and Wastes. Any TPD value below 0.05 nJ/1 or 50 ug/l will be reported as a non-detect.

For this permit the Mininum level (ML) [the mininum practical detection level) for Total Residual Oxidants has been defined as 0.05 ng/l (50 ug/1) and that value may be ruhmi as nore sensitive test methods are approved by the EPA and the State.

b.

The pil shall not be less than 6.5 standani units nor greater than 8.0 standard units or as naturally occurs in the receiving waters, Par. I.F.1.a.

'lhe pil shall be monitored daily by a grab sanple c.

'1here shall be no visible disdiange of floatirq solids or foam.

d.

Samples taken in compliance with the monitoring requirements above shall be taken: before Diversion Date at the point of disdiarge into the Browns River.

4 6

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. m.

Page 15 or 26

~ '

Ibrnit No. NiiOO20338 Part I

4. During the period beginning the Diversion Date* anl lasting through the Expiration Date, the permittee is authorized to dischan3e from outfall(s) serial number (s) 0028, Junction Box Wet Weather Disdianje (Combined flow of: storm water nanoff durin3 a stom event, treated sanitary waste and secondary plant leakarge).

a.

Sudt disdianjes shall be limited and monitored by the permittee as specified below:

Effluent 01aracteristic Discharne IJmitations tbnitorim Reauirements Measurement Sanple AvtT. Monthly Max. Daily Frcouency Type Flow, MI) 41.5 2/ Annually **

Estimate (2-year 24-hour storm)

'Ibtal Suspended Solids, n3/1 30 100 2/ Annually Grab Oil and Grease, mg/l 15 20 2/ Annually Grab

'Ibe " Diversion Date" is the date that Disdianje 002A to the Browns River is terminated and all point sources to the Browns River cease. See Paragraph I.A.1.n.

'lhe diverted cmbined stream of treated sanitary wastes and storm water will be designated as Discharge 002B and will be sanpled prior to entering the Circulating Water System.

Wet weather samples shall be taken twice each year durin3 the 1st hour of a significant storm event in the months of April and October or in the succeeding months should no significant storm events occur during the designated months. All storm water runoff sanples will be collected frca a storm event that is greater than 0.1 inches in magnitude and that occurs at least 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> from the previcusly measurable (greater than 0.1 indi rainfall) storm event.

(Note: 1 indi storm event runoff is approximately 1 million gallons of water frca the plant site.)

b.

'1he pil shall not be less than 6.0 standard units nor greater than 9.0 standard units or as naturally occurs due to acid rain, etc. 'Ibe til shall be monitored twice annually by a grab sanple.

c.

Sanples taken in cxrpliance with the monitoring regturements above shall be taken after the Diversion Date at the point of disdiarge into Circulating Water System.

Page 16 of 26 Ibrmit No. MlI0020338 Part I

5. During the period beginning Effective Date and lasting through Expiration Date, the permittee is authorized to discharge frm outfall(s) serial number (s) 021, Treated Sanitary Waste.

Suen discharges shall be limited and nonitored by the pennittee as specified below:

a.

Effluent Qaracteristic Discharne Limitations Monitorim Reauirements Average Average Max 1 rum Measurement Sanple Monthly Weekly Daily Frecmencv*

'Ivpe Flow, gpd Report 50,000 Continuous Reconfer DOD, ng/l 30 50 Weekly Grab

'ISS, ng/l 30 50 Weekly Grab Total Residual 011orine, ng/l 5.0 Daily when Grab in use Oil and Grease Observation No Sheen Visible Daily Observation Total Caliform, //100 ml 70 70 3/ Week Grab Upon Disposal **

Grab Total Metals, Sludge, ng/l**

pit, s. u.

(range) 6.5 to 8.0 Daily Grab Sanples will be taken when the treatment plant is operation since this facility is typically operated on a 5 day / week basis.

See Paragraph I. C. for details definity sludge sanpliry, analysis, and reportiry.

b.

'Ibe pit shall not be less than 6.5 standard units nor greater than 8.0 standant units or as naturally occurs in the remiving waters, Par. I.F.1.a.

'Ihe pit shall be raonitored daily by a grab sanple.

'Ibere shall be no discharge of floatirg solids or visible foam.

c.

d.

Sanples are taken in ccrpliance with the monitority requirements specified above shall be taken at any representative point prior to mixirs with any other stream: (1) into the primary settlirg basin prior to Diversion Date and (2) into the Cirmlatiry Cooliry Water Discharge 'Ibnnel, Discharge 001, after Diversion Date.

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Page 17 of 26 Permit No. Nil 0020338 Part I

6. DurirxJ the period beginnin] Effective Date ard lasting thmugh Expiration Date, the pennittee is authorized to dischanje frcun outfall(s) serials number (s) 022, Secordary Plant Irakage Vault #1, 023 Secondary Plant Irakage, Vault #2, 024, Seanlary Plant Irakage, Vault #3.

Sudi dischanjes shall be limited and monitored by the permittee as speciflod below:

a.

Effluent 01aracteristic Dischame Limitations Monitorim Recuirements Measurement Sanple Avtr. Monthly Max. Daily Frerniency

'Ivne Flow, gpd Report Report Monthly Estimate Oil and Grease, nrJ/1 15 20 Weekly Mien Grab in use

'Ibtal Suspended Solids (TSS), nrJ/1 30 100 Weekly M1en Grab in use b.

'Ibe sanples taken in conpliance with the nonitoring requirements specified above shall be taken at a representative point prior to mixing with any other stream.

l Page la of 26 Ibruit No. NH0020338 Part I

7. During the period beginnin] Effective Date and lasting thron3h Expiratien Date, the permittee is authorized to discharge fram outfall(s) serial number (s) 025, Liquid Waste Distillate and Steam Generator Blowdown and Recavery Rajeneration Sump neutralized waste.

Such discharges shall be limited and monitored by the permittee as specified below:

a.

Effluent 01aracteristic Disdiarne Limitations Monitorim Pmuirements Measurement Sanple Avg. Monthly Max. Daily Frequency Type Flow, gpd Report 300,000 Each batch or Estimate Continuous

  • Oil ard Grease, mg/l 15 20 Once prior to Grab batd1 discharge or Weekly
  • Total Suspended Solids (ISS), mg/l 30 100 Once prior to Grab tutdt discharge or Weekly
  • Radicnctivity (See Subparagraph "c" below and Par. I.F.1.b)

Nonr. ally this outfall has a batch disdiarge; however, it is possible that an infrequent continuous blowdown may be n-mr'f to control the chemical parameters. The sanpling frequency reflects this change in operation.

b.

Samples taken in capliance with the monitoring requirements specified above shall be taken at a representative point prior to mixing with any other stream.

c.

'1he discharge of radioactive materials shall be in accordance with the requirements of the Nuclear Rcqulator Otmmission, (10 CFR 20 and the Seabrook Station Technical Specifications).

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Page 19 of 26

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Pennit No. N110020338 Part I

8. During the period beginning Effective Date end lasting through Expiration Date, the pennittee is authorized to dischanje from outfall(s) serial number (s) 026, Gemical Cleaning Wastes frcan stationary or portable treatment facilities.

Such disdiarges shall be limited and nonitored by the permittee as specified below:

a.

Effluent Garacteristic Dischame Limitations Pbnitorim Reauirements t

Measurement Sample Am. Monthly 14w. Daily Freauency Type Flow, gpd Report Report 1/Batd1 Estimate Oil aM Grease, ng/l 15 20 1/Batd1 Grab Copper, ug/l 1.0 1.0 1/ Batch Grab Iron, ng/l 1.0 1.0 1/Batd1 Grab ibtal Suspended Solids (TSS), ug/l 30 100 1/Batd)

Grab Sanple frcquency is once per batd) prior to release when treated chemical cleaning vaste is being dischanged from either stationary or portable holding tanks.

b.

1be pl shall not be less than 6.0 standant units nor greater than 9.0 standard units prior to cadt batch discharge.

c.

A minimum of one Cirmlating Water System cirmlation punp stull be in operation when the Treated Gemical Cleaning Wastes are discharged.

d.

The sanples taken in compliance with the monitoring requirements specified above shall be taken at a representative point frcan stationary or portable holding tanks and prior to mixing with any otler stream. The ultimate discharge shall be through the Circulating Cooling Water System Discharge, Discharge 001.

The permittee shall notify the Regional Administrator and the Director at least 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> prior to e.

the discharge frcan any chemical cleaning operation and provide an estimate of the duration of the cperation, the chemicals to be used, aM the point or location of wastewater release into the discharge tunnel.

l Page 20 of 26-l Permit 100. lul0020338 l

Part I

9. During the period beginning Effective Date and lasting through Expiration Ibte, the permittee is authorized to discharge frun outfall(s) serial number (s) 027, Auxiliary (boling Tower Blowdown.

a.

Sudi discharges shall be limited and monitored by the permittee as specified below:

Effluent O)aracteristic Disdiame Limitations Monitorinr1 Requiremnts Mcasurement Sanple Avrt. Monthly Max. Ibily Pretniency Tvne Flow, gpd Report Report Daily

  • Estimate Free Available Chlorine (FAC), ng/l 0.2 0.5 Daily
  • Grab Sanple frequency is once daily when Auxiliary Cboling Tower has a blowdown.

b.

'Ihe pli shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be sanpled daily when in use.

c.

None of the 126 priority pollutants shall be used for cooling tower maintenance chemicals.

d.

'lhe sanples taken in coupliance with the monitoring requirements specified above shall be taken at a representative point prior to mixing with any other stream.

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Page 21 of 26 i

Permit No. Nil 0020338 Part I

10. During the period beginnity Effective Date and lastiry through Expiration Date, the permittee is authorized to discharge from outfall(s) serial number (s) 003, 'Iherral Back-flushirq Operation for biofoulity control of the intake water system.*

Sudi disdurges shall be limited and monitored by the perinittee as specifiM below:

a.

Effluent 01aracteristic Discharne Limitations Monitorirn Recatirements Measurment Sanple Aw1. Monthly Max. Daily Frequency Tvne Flow-gpu Report 500,000 When in use Estimate **

'ItsTperature, Maximum (Tm)F Report 120 Continuous Recordity when in use Max. Tenp.

In the back-flushing operation, the diffuser serves as the intake and the intake structure is the discharge point.

Flow rate may be estimated frm punp curves.

b.

'Ibe pil shall not be less than 6.5 standard units nor greater than 8.0 standard units or as naturally I

occurs in the receivity water, Par. I.E.1.a (Sanplirg not required.)

c.

'Ihere shall be no discharge of a oil sheen, foam, or floating solids in the vicinity of the intake ports. Naturally occurring sea foam in the intake transition structure is allowed.

d.

'Ihe continuous back-flushiry flow shall not exceed 120 F nnxinum and the duration at the maxinum tenperature shall not exceal 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />. 'Ibe total back-flushing cycle may not exceed 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />. h thermal plume which arises from the back-flushiry operation shall have minimum inpingement upon the Inner and Outer Sunk Rocks, in accordance with paragraph I.A.1.j. (1).

e.

h pennittee shall not conduct more than 4 back-flushing cycles per calendar year unless prior approval is obtained from the Regional Administrator and the Director.

f.

'Ibere shall be no chlorination operations during the thennal backflushing process except for safety related functions, i.e.:

Service Water System 011orination.

g.

'Ihe permittee shall notify the Regional Administrator and the Director 15 days before each back-flushirn operation is initiated.

h.

'Ibe permittee shall include in the nonthly subnittal of the Disdiarge Monitoring Report each time Discharge 003 is used giviry the date, nnximum testperature achieved, and duration of eadi back-flushing operation.

i.

A study plan for alternatives to thermal backflushing shall be made in accordance with Par.

I.A.j.(8) of this permit. 'Ihis study shall subnitted to EPA, the State and the TAC before the selected alternative is used to a>ntrol the sessile organisms in the Intake Tunnel or by Januar'f 1,1995, whichever ccmes first.

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2 Page 22 of 26 Permit No. NH0020338 11.

Biological, Hydrological, and Chlorination Monitoring Programs a.

The Biological, Hydrological, and Chlorination Plan approved for 1992 is an enforceable element of this permit.

b.

A Technical Advisory Committee (TAC) shall be organized to formalize the group of Federal and State biologists that have been coordinating, reviewing, and commenting upon the Pre-operational and operational biological, hydrological, and chlorination programs at Seabrook Station since 1976.

The committee members shall be competent biologists from the following Federal and State regulatory agencies: NHDES, NHF&GD, USNMFS, and USEPA.

The permittee is a non-voting rember of the TAC.

c.

The TAC may recommend acceptance, rejection, or modification of any program or schedule proposed by the permittee.

After consideration of the TAC recommendation, the Regional Administrator and Director of the NH Water Supply and Pollution Control Division will render a decision on the proposed program or schedule modification.

Upon approval, the proposed program and schedule becomes an enforceable element of this permit.

d.

Annually, after the effective date of this permit, the permittee may propose changes to the approved biological,. *(drological and chlorination programs to the Ret

..al Administrator and the Director.

A proposed modified program for the calendar year of 1994 must be submitted prior to January 1,

1994, for review and acceptance by the TAC.

After the TAC acceptance and upon approval by the Regional j

Administrator and Director, the proposed program i

will become an enforceable element of this permit.

During unusual biological, climatological, or hydrological conditions, the permittee may recommend at any time that these programs be modified on an emergency basis to ensure stable i

operation of the facility.

e.

The biological, hydrological, and chlorination study reports shall be submitted on a semi-annual basis with the annual report-summarizing the previous year's information and conclusions (December).

)

I

Page 23 of 26

)

Permit No. NH0020338 The semi-annual mid-year report (June) shall be a letter report providing the status of the on-going programs, the expected effort in the ensuing six months, and a synopsis of the data and information' obtained since the last annual report.

This letter shall give special emphasis in alerting the TAC of any detected anomalies that would suggest immediate consideraticn' or investigation.

f.

During operation of Seabrook Station, the permittee shall conduct such studies as are determined by the Regional Administrator and the Director to be necessary to evaluate the accuracy of the thermal plume predictions it has submitted to EPA in support of the NPDES Permit Application No. NH0020338 for both normal operation and thermal back-flushing operations, g.

Fish Mortality Monitoring and Reporting.

Any incidence of fish mortality associated with the discharge plume or of unusual number of fish impinged on the Intake Traveling Screens shall be reported to the Regional Administrator and the Director within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by telephone report as required in Paragraph II.D.1.e of this permit. A written confirmation report is to be provided within five (5) days.

This report should include the following:

(1)

The kinds, sizes, and approximate number of fish involved in the incident.

(2)

The time, date, and duration of the occurrence.

(3)

The operating mode of the station at the time of the occurrence.

(4)

The opinion of the permittee as to the cause of the incident.

(5)

The remedial action that the permittee will undertake to prevent a recurrence of the incident 4

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Page 24 of 26 Permit No. NH0020338 B.

SCHEDULE OF COMPLIANCE 1.

The permittee shall notify the Regional Administrator and the Director 30 days prior to the date that any treated sanitary waste (Discharge 021) and/or the storm water discharges are diverted to the cooling water discharge through the a manhole in the Circulating Water System, Discharge 001.

2.

The permittee shall notify the Regional Administrator and the Director 30 days prior to the " Diversion Date",

the date that the flow from Discharge 002 into the Browns River is terminated.

C.

SLUDGE CONDITIONS All treatment works treating domestic sewage are required to have conditions which implement the technical sludge standards required by Section 405(d) of the Clean Water Act.

The conditions require the following:

1.

The permittee shall comply with all existing Federal and State laws and regulations that apply to sewage sludge use and disposal practices and with the Section 405 (d) of the Clean Water Act (CWA) technical standards when promulgated.

If an applicable management practice or numerical limitation for pollutants in sewage sludge more stringent than existing Federal and State regulations is promulgated under Section 405 (d) of the CWA, the permittee shall comply with the new requirements no later than tiie compliance specified in the applicable regulations as required by Section 405 (d)'of the CWA.

2.

The permittee shall give prior notice to the Regional Administrator and the Director of any change (s) planned in the permittee's sludge use or disposal practice.

3.

A change in the permittee's sludge use or disposal practice is a cause for modification of the permit.

It is a cause for revocation and reissuance of the permit if the permittee requests or agrees.

4.

The permittee shall monitor the sludge prior to ultimate disposal for the following pollutants (total metals):

copper, cadmium, chromium, lead, nickel and Zinc.

Note: Additional parameters must be tested should the sludge be disposed of through the land application method.

The results shall be submitted with the appropriate monthly DMR.

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Page 25 of 26 Permit No.NH0020338 D.

STORM WATER POLLUTION PREVENTION PLAN (SWPPP)

The permittee shall develop and implement a Storm Water Pollution Prevention Plan (SWPPP) no later than 180 days after the oermit's effective date.

The SWPPP shall identify all potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with industrial activity from this steam electric power plant.

In addition, the SWPPP shall describe and ensure the implementation of practices which are to be used to reduce the pollutants in storm water discharge associated with industrial activity at this facility and to assure compliance with the terms and conditions of this permit.

Attachment B provides the " Generalized Instructions for the Preparation of Storm Water Pollution Plans (SWPPP)" to be utilized for Seabrook Station as appropriate and applicable.

E.

MONITORING AND REPORTING 1.

Reporting Monitoring results obtained during the previous month shall be summarized and reported on Discharge Monitoring Report Form (s) postmarked no later than the 15th day of the month following the completed reporting period.

Duplicate signed copies of these, and all other reports required herein, shall be submitted to the Regional Administrator and one signed copy to the State at the following addresses:

Environmental Protection Agency NPDES Program Operation Section P.

O.

Box 8127 Boston, MA 02114 The State Agency is:

New Hampshire DES Water Supply & Pollution Control Division Permits and Compliance Section 6 Hazen Drive, P.O.

Box 95 Concord, New Hampshire 03301 F.

State Industrial Permit Conditions 1.

The permittee shall comply with the following conditions which are included as State Certification requirements:

Page 26 of 26 Permit No.NH0020338 "The pH for Class B waters is 6.5 to 8.0 s.u. or a.

as naturally occurs in the receiving water.

The 6.5 to 8.0 s.u. range must be achieved in the final effluent unless the permittee can demonstrate to the Division: (1) that the range should be widened due to naturally occurring conditions in the receiving water or (2) that the naturally occurring source water pH is unaltered by the permittee's operations.

The scope of any demonstration project must receive prior approval from the Division.

In no case shall the above procedure result in pH limits less restrictive than any applicable federal effluent limitation guidelines "

b.

"The permittee shall submit the Executive Summary and Section D (Surface Water) of the Seabrook Station Annual Radiological Environmental Operating Report to NH DES at the address in Par. I.E.1 and to all members of the Technical Advisory Committee (TAC) within 30 days of preparation."

2.

This NPDES Discharge Permit is issued by the U.S.

Environmental Protection Agency (EPA) under Federal and State law.

Upon final issuance by the federal EPA, the New Hampshire Department of Environmental Services, Water Supply and Pollution Control Division, may adopt this permit, including all terms and conditions, as a state discharge permit pursuant to RSA 485-A:13.

Each agency shall have the independent right to enforce the terms and conditions of this Permit.

Any modification, suspension or revocation of this Permit shall be effective only with respect to the Agency taking such action, and shall not effect the validity or status of this Permit as issued by the other Agency, unless and until each Agency has concurred in writing with such modification, suspension or revocation.

In the event any portion of this Permit is declared invalid, illegal or otherwise issued in violation of State law, such permit shall remain in full force and effect under Federal law as an NPDES permit issued by the U.S.

Environmental Protection Agency.

In the event this permit is declared invalid, illegal or otherwise issued in violation of Federal law, this Permit, if adopted as a state permit, shall remain in full force and effect under State law as a Permit issued by the State of New Hampshire.

Pormit No. NH0020338 i

t ATTACHMENT A

Chronic (and Modified Acute) Toxicity Test Precedure and' Protocol:

o Inland Silverside (Menidia bervilina). growth and survival test.

I.

GENERAL REQUIREMENTS The permittee shall conduct acceptable toxicity tests in accordance with the appropriate test protocols described below.

The permittee must collect discharge samples.and perform the toxicity tests that are required by Part I of the. NPDES permit.-

l Chronic toxicity data shall be reported as outlined in Section VIII.

II.

TEST FREQUENCY AND SAMPLING REQUIREMENTS See Part I of the NPDES permit for samplinq location, sample-i type, test frequency, test species, and test date(s) requirements.

Chain of Custody information should-be~providedL for each sample tested.

l A chronic toxicity sampling event is defined as three discharge (composite or grab) samples collected over the seven-day period (see Section IV).

III.

METHODS Methods to follow are those recommended by EPA in:

Weber, C.I.,

et al, 1988.

Short Term Methods for Estimatinc the

~

Chronic Toxicity of Effluents and Receivina Waters To Marine and

+

Estuarine Oraanisms, Office of Research and Development, Cincinnati, OH.

EPA /600/4-87/028.

Any exceptions are stated herein.

l IV.

SAMPLE COLLECTION For each sampling event, three discharge samples s'hal be collected over a 7-day exposure period.

An initial sample (day-

0) is used to start the test.

The additional two samples are collected for use at the start of day 3 and 5._ Renewal of test concentrations-is conducted _ daily with the most recently-collected discharge sample.

The initial (day 0) sample-will be analyzed chemically.

Day 3 and 5 samples will be held until test-completion.

If either the day 3 or 5 renewal sample is of (July 1991) 1 J

r Permit No. NH0020338 sufficient potency to cause lethality to 50 percent or more test organisms in any of the dilutions, then a chemical analysis shall be performed on the appropriate sample (s) as well.

Aliquots shall be split from the sample, containerized and preserved (as per 40 CFR Part 136) for the chemical and physical analyses.

The remaining sample shall be dechlorinated (if necessary) in the laboratory using sodium thiosulfate for subsequent toxicity testing.

Grab samples must be used for pH, temperature, and total residual oxidants (as per 40 CFR Part 122.21).

The Methods for Aouatic Toxicity Identification Evaluations (Phase I), EPA /600/3-88/034, Section 8.7, provides detailed information regarding the use of sodium thiosulfate (i.e.

dechlorination).

0 All samples held overnight shall be refrigerated at 4 t 2 C.

V.

DILUTION WATER Dilution water used for toxicity analysis shall be collected at a point away from the discharge which is free from toxicity or other sources of contamination.

When using receiving water as the dilution water an additional control (0% effluent), made up from a laboratory water of known quality, will also be run.

If the receiving water diluent is found to be, or su,anected to be toxic or unreliable, an alternate or standard dilution water of known quality with a salinity, pH, conductivity, and total suspended solids similar to that of the receiving water may be substituted AFTER RECEIVING WRITTEN APPROVAL FROM THE PERMIT ISSUING AGENCY (S).

It may prove beneficial to the permittee to have the proposed dilution water source screened for suitability prior to toxicity testing.

For further information see Section 7, page 19 of EPA /600/4-87/028.

Dilution water used for marine chronic toxicity shall be of sufficient quality to meet minimum acceptability of test results (see Section VI).

(July 1991) 2

Permit No. NH0020338 VI.

REGION I RECOMMENDED TEST CONDITIONS FOR THE INLAND SILVERSIDE (Menidia bervilina) GROWTH AND SURVIVAL TESTl 1.

Test type Static, renewal 2.

Salinity 5 o/co TO 32 o/co.

2 o/co 3.

Temperature 25 2C 4.

Light quality Ambient laboratory light 2

5.

Light intensity 10-20 uE/m /s, or 50-100 ft-C (Ambient Laboratory Levels) 6.

Photoperiod 16 hr light, 8 hr darkness 7.

Test vessel size 300 - 1000 ml beakers or equivalent (glass test chambers should be used) 8.

Test solution volume 250 ml minimum (loading and Do restrictions must be met) 9.

Renewal of test solutions Daily using most recently collected sample.

10.

Age of test organisms Seven to eleven days post hatch.

11.

Larvae / test chamber 15 (minimum of 10) 12.

Number of replicate chambers 4 (minimum of 3) per treatment 13.

Source of food Newly hatched Artemia nauplii less than 24 hr old 14.

Feeding regime Feed once a day 0.10 g wet wt Artemla nauplii per replicate on days 0-2; feed 0.15 g wet wt Artemia nauplii per replicate on days 3-6 15.

Cleaning Siphon daily, immediately before test solution renewal and feeding 16.

Aeration 2 None i

(July 1991) 3

Permit No. NH0020338 17.

Dilution water Uncontaminated source of natural seawater; or deionized water mixed with hypersaline brine or equivalent artificial seawater.

3 18.

Effluent concentrations 5 and a control.

An additional effluent concentration (% effluent) is required.

19.

Dilution factor 0.5 20.

Test duration 7 days 21.

Effects measured Survival and growth (weight) 22.

Acceptability of test The average survival of-control larvae is a minimum of 80%, and the average dry wt of unpreserved control larvae is a minimum of 0.5 mg, or the average dry wt of preserved control larvae is a minimum of 0.43 mg.

23.

Sampling requirements For on-site tests, samples are collected daily and used within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of the time they are removed from the sampling device.

For off-site tests, samples must be first used within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of collection.

24.

Sample Volume Required Minimum of 5 liters.

Footnotes:

1 Adapted from EPA /600/4-87/028, 2

If DO falls below 60% of saturation, aerate all chambers at a rate of less than 100 bubbles / min.

Routine DO checks are recommended.

3 When receiving water is used for dilution an additional control made up of standard dilution water (0% effluent) is-required.

(July 1991) 4

d l

Permit No. NH0020338 l

- VII.

CHEMICAL ANALYSIS The following chemical analyses shall be performed for each sampling event.

Minimum Detection Parameter Effluent Diluent Limit (ma/L) l pH x

x l

Specific Conductance x

x Salinity x

x PPT (o/co)

Total Residual Oxidants 1 x

x 0.0?

Total Solids and Suspended Solids x

x Ammonia x

x 0.1 Total Organic Carbon x

x 0.5 j

i Total Metals Cd X

0.01 Cr, Ni x

0.05 Pb, Zn, Cu x

0.01 Al x

0.02 1

In addition, the following chemical analyses shall be performed as part of each daily renewal procedure on each dilution and the controls.

Beginning of 24-hr End of 24-hr Parameter ExDosure Period Exoosure Period Dissolved Oxygen x

x Temperature x

pH x

Specific Conductance x

Superscriot:

1 Total Residual Oxidants Methods:

either of the following methods from the 16th Edition of the APHA (1985) Standard Methods for the EXBA1Aat19A._Rf_ Hate AA1.Hagtewater must be used for these analyses:

Method 408-C (Amperometric Titration Method)-the preferred method; Method 408-D (Ferrous Titrimetric Method).

(July 1991) 5

Permit No. NH0020330 VIII.

TOXICITY TEST REPORT ELEMENTS A report of results will include the following:

Description of sample collection procedures, site description; Names of 'ndividuals collecting and transporting samples, times and cates of sample collection and analysis; and General description of tests:

age of test organisms, origin, dates and results of standard toxicant tests; light and temperature regime; other information on test conditions if different than procedures recommended.

Toxicity test data shall include the following:

Chronic t

Daily survival of test organisms in the controls and all replicates in each dilution.

Chronic test data shall undergo hypothesis testing to determine if the distribution of results is normal using the Shapiro-Wilks test.

The variance must also be tested for homogeneity using Bartlett's Test.

Then the endpoint estimates, NOEC and LOEC must be determined using Dunnett's Procedure, Bonferroni's T-Test, Steel's Many-One Rank Test, or Wilcoxon Rank Sun Test with Bonferroni adjustment.

The choice of test depends on the number of replicates and whether the variance is homogeneous or not.

See EPA /600/4-87/028 for details.

All printouts and graphical displays must be submitted.

C-NOEC:

Chronic No Observed Effect Concentration.

LOEC:

Lowest Observed Effect Concentration.

MATC:

Maximum Allowable Toxicant Concentration.

All chemical / physical data generated (include detection limits).

Raw data and bench sheets.

(See sample data sheets pp.

8-11.)

Any other observations and test conditions that may have affected the outcome of the test.

l Acute Survival for each concentration and replication at time 24, l

and 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />.

LC50 and 95% confidence limits shall be calculated using one of the following methods in order of preference Probit, Trimmed Spearman Karber, Moving Average Angle, or the graphical method.

All printouts (along with the name of the prcgram, the date, and the author (s)) and graphical displays must be submitted.

When data is analyzed by hand, worksheets should be submitted.

l-The Probit, Trimmed Spearman Karber, and Moving Average Angle methods of analyses can only be used when mortality of some of the test organisms are observed in at least two of (July 1991) 6

Pormit No. NH0020338 the (% effluent) concentrations tested (i.e. partial mortality).

If a test results in a 100% survival and 100% mortality in adjacent treatments ("all or nothing" effect), a LC50 may be estimated using the graphical method.

All chemical data / physical generated (include detection limits).

Raw data and bench sheets.

Any other observations or test conditions affecting test outcome.

IX.

REPORTING Signed copies of the toxicity testing reports shall be submitted as required by Part I of the permit.

Any exceptions are stated herein.

(July 1991) 7

Formit No. NH0020338 Attachment B

Generalized Instructions Precaration of Storm Water Pollution Prevention Plan (SWPPP) fMarch 1993)

Contents SECTION A.

DEADLINES FOR PLAN PREPARATION AND COMPLIANCE SECTION B.

SIGNATURE AND PLAN REVIEW SECTION C.

KEEPING PLANS CURRENT SECTION D.

CONTENTS OF PLAN 1.

Pollution Prevention Team 2.

Description of Potential Pollutant Sources a.

Drainage b.

Inventory of Exposed Materials c.

Spills and Leaks d.

Sampling Data e.

Risk Identification and Summary of Potential i

Pollutant Sources 3.

Measures and Controls a.

Good Housekeeping b.

Preventive Maintenance c.

Spill Prevention and Response Procedures d.

Inspections e.

Employee Training f.

Record-keeping and Internal Reporting Procedures g.

Non-Storm Water Discharges h.

Sediment and Erosion Control i.

Management of Runoff 4.

Comprehensive Site Compliance Evaluation a.

Visual Inspection b.

Plan Revision c.

Inspection Report d.

Inactive Mining 5.

Consistency with Other Plans i

6.

Additional Requirements for Storm Water Discharges through Municipal Separate Storm Sewer Systems serving a Population of 100,000 or more 7.

Additional Requirements for Storm Water Discharges from Facilities subject to Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 Requirements 4

8.

Additional Requirements for Salt Storage 1

9

^

Attachment C

Generalized Instructions Precaration of Storm Water Pollution Prevention Plans (SWPPP)

(March 1993)

Preface A Storm Water Pollution Prevention Plan (SWPPP) shall be developed for this facility.

The Storm Water Pollution Prevention Plan shall be prepared in accordance with good engineering practices and in accordance with the factors outlined in 40 CFR 125.3(d) (2) or (3) as appropriate. The plan shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with industrial activity from the facility. In addition, the plan shall describe and ensure the implementation of practices which are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility and to assure compliance with the terms and conditions of this permit. The permittee must implement the provisions of the Storm Water Pollution Prevention Plan required under this part as a condition of this permit.

This attachment provides the " Generalized SWPPP Instructions"for developing a SWPPP for any facility.

Therefore, the SWPPP developed for a specific facility shall contain only those elements which are applicable and appropriate to the plant and site under consideration.

A.

Deadlines for Plan Preparation and Compliance 1.

The SWPPP for this facility shall be prepared, and except as provided elsewhere in this permit, shall provide for compliance with the terms of the permit and the plan, no later than 180 days after the effective date of the permit.

2.

Upon a showing of good cause, the Regional Administrator (RA) may establish, in writing, a later date feT preparing and compliance with a plan for a storm water discharge associated with industrial activity.

B.

Sianature and Plan Review 1.

The plan shall be signed in accordance with Part II D. 3. (Signatory Requirement) and be retained on-site at the facility in accordance with Part II.C.l.b.

(Monitoring and Records) of this permit.

2.

The permittee shall make plans available upon request to the RA, or authorized representative, or in the case of a storm water discharge associated with industrial activity which discharges through a municipal ceparate 2

4 4

storm sewer system, to the operator of the municipal system.

3.

The RA, or authorized representative, may notify the permittee at any time that the plan does not meet one or more of the minimum requirements of this Part. Such notification shall identify those provisions of the permit which are not being met by the plan, and identify which provisions of the plan require modifications in order to meet the minimum requirements of this Part.

Within 30 days of such notification from the RA, (or as otherwise provided by the RA), or authorized representative, the permittee shall make the required changes to the plan and shall submit to the RA a written certification that the requested changes have been made.

C.

Keeoina Plans Current The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the waters of the United States or if the Storm Water Pollution Prevention Plan proves to be ineffective in eliminating or significantly minimizing pollutants from sources identified under Section D.2 of this attachment (Description of Potential Pollutant Sources), or in otherwise achieving the general objectives of controlling pollutants in storm water discharges associated with industrial activity. Amendments to the plan may be reviewed by EPA in the same manner as Section C of this attachment (above).

D.

Contents of Plan The plan shall include, at a minimum, the following items:

1.

Pollution Prevention Team:

Each plan shall identify a specific individual or individuals within the facility organization as members of a Storm Water Pollution Prevention Team who are responsible for developing the Storm Water Pollution Prevention Plan and assisting the facility or plant manager in its implementation, maintenance, and revision. The plan.shall clearly identify the responsibilities of each team member. The activities and responsibilities of the team shall address all aspects of the facility's Storm Water Pollution Prevention Plan.

2.

Description of Potential Pollutant Sources:

Each plan j

shall provide a description of potential sources which may reasonably be expected to add significant amounts of pollutants to storm water discharges or which may result in the discharge of pollutants during any dry weather from separate storm sewers draining the j

3

facility. Each plan shall identify all~ activities and significant materials which may be potentially significant pollutant sources. Each plan _shall include, at a minimum:

a.

Drainace:

(1)

A site map indicating an outline of the portions of the drainage area of each storm water outfall that are within the facility boundaries, each existing structural control measure to reduce pollutants in storm water runoff, surface water bodies, locations where significant materials are exposed to precipitation, locations where major spills or leaks identified under Section D.2.c of this attachment (Spills and Leaks) have occurred, and the locations of the following activities where such activities are exposed to precipitation: fueling stations, vehicle and equipment maintenance and/or cleaning areas, loading / unloading areas, locations used for the treatment, storage or disposal of wastes, liquid storage tanks, processing areas and storage areas.

(2)

For each area of the facility that generates storm water discharges associated with industrial activity with a reasonable potential for containing significant amounts of pollutants, a prediction of the direction of flow, and an identification of the types of pollutants which are likely to be present in storm water discharges associated with industrial activity. Factors to consider include the toxicity of chemicals; quantity of chemicals used, produced or discharged; the likelihood of contact with storm water; i

and history of significant leaks or spills of toxic or hazardous pollutants. Flows with a significant potential for causing erosion i

shall be identified.

b.

Inventory of Exposed Materials:

An inventory of the types of materials handled at the site that potentially may be exposed to precipitation. Such inventory shall include a narrative description of significant materials that have been handled, treated, stored or disposed in a manner to allow exposure to storm water between the time of, three years prior to the date of the issuance of this permit and the present; method and location.of on-site storage or disposal; materials management practices employed to minimize contact of materials with storm water runoff between the time of, three years prior to the date of the issuance 4

=_

of this permit and the present; the location and description of existing structural and

+

non-structural control measures to reduce pollutants in storm water runoff; and a description of any treatment the storm water receives.

c.

Soills and Leaks:

A list of significant spills and significant leaks of toxic or hazardous pollutants that occurred at areas that are exposed to precipitation or that otherwise drain to a storm water conveyance at the facility after the date of three years prior to the effective date of this permit. Such a list shall be updated as appropriate during the term of the permit.

d.

Samolina Data:

A summary of existing discharge sampling data describing pollutants in storm water discharges from the facility, including a summary of sampling data collected during the term of this permit.

e.

Risk Identification and Summary of Potential Pollutant Sources:

A narrative description of the potential pollutant sources from the following activities: loading and unloading operations; outdoor storage activities; outdoor manufacturing or processing activities; significant dust or particulate generating processes; and on-site waste disposal practices. The description shall specifically list any significant potential source of pollutants at the site and for each potential source, any pollutant or pollutant parameter (e.g.

biochemical oxygen demand, etc.) of concern shall be identified.

3.

Measures and Controls:

Each facility covered by this permit shall develop a description of storm water management controls appropriate for the facility, and implement such controls. The appropriateness and priorities of controls in a plan shall reflect identified potential sources of pollutants at the facility. The description of storm water management controls shall address the following minimum components, including a schedule for implementing such controls:

a.

Good Housekeepina:

Good housekeeping requires the maintenance of areas, which may contribute pollutants to storm waters discharges, in a clean, orderly manner, b.

Preventive Maintenance:

A preventive maintenance program shall involve timely inspection and maintenance of storm water management devices e.g.

cleaning oil / water separators, catch basins) as 5

w w

well as inspecting and testing facility equipment and systems to uncover conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters, and ensuring appropriate maintenance of such equipment and systems.

c.

Soill Prevention and Resoonse Procedures:

Areas where potential spills, which can contribute pollutants to storm water discharges, can occur and their accompanying drainage points shall be identified clearly in the Storm Water Pollution Prevention Plan.

Where appropriate, specifying material handling procedures, storage requirements, and use of equipment such as diversion valves in the plan should be considered.

Procedures for cleaning up spills shall be identified in the plan and made available to the appropriate personnel. The necessary equipment to implement a clean up should be available to personnel.

d.

Inspections:

In addition to or as part of the comprehensive site evaluation required under Section D.4 of this attachment, qualified facility personnel shall be identified to inspect designated equipment and areas of the facility at appropriate intervals specified in the plan. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspection shall be maintained.

e.

Employee Training:

Employee training programs shall inform personnel responsible for implementing activities identified in the Storm Water Pollution Prevention Plan or otherwise responsible for storm water management, at all levels of responsibility, of the components and goals of the Storm Water Pollution Prevention Plan. Training should address topics such as spill response, good housekeeping and material management practices. A pollution prevention plan shall identify periodic dates for such training.

f.

Record-keepina and Internal Reoortina Procedures:

A description of incidents (such as spills, or other discharges), along with other information describing the quality and quantity of storm water discharges shall be included in the plan required under this part. Inspections and maintenance activities shall be documented and records of such activities shall be incorporated into the plan.

1 g.

Non-Storn Water Discharges:

I 6

(1)

The plan shall include a certification that the discharge has been tested or evaluated for the presence of non-storm water i

discharges. The certification shall include the identification of potential significant sources of non-storm water at the site, a description of the results of any test and/or evaluation for the presence of non-storm water discharges, the evaluation criteria or testing method used, the date of any testing and/or evaluation, and the on-site drainage points that were directly observed during the i

test. Certifications shall be signed in accordance with Part II.D.3. of this permit.

Such certification may not be feasible if the facility operating the storm water discharge associated with industrial activity does not have access to an outfall, manhole, or other point of access to the ultimate conduit which receives the-discharge. In such cases, the source identification section of the Storm Water Pollution Prevention Plan shall indicate why the certification required by this part was not feasible, along with the identification of potential significant source of non-storm water at the site. A discharger that is unable to provide the certification required by this paragraph must notify the RA in writing.

(2)

Except for flows from fire fighting activities, sources of non-storm water.that are combined with storm water discharges associated with industrial activity must be identified in the plan. The plan shall identify and ensure the implementation of appropriate pollution prevention measures for the non-storm water component (s) of the discharge.

h.

Sedinent and Erosion Control:

The plan shall identify areas which, due to topography, activities, or other factors, have a high potential for significant soil erosion, and identify structural, vegetative, and/or stabilization measures to be used to limit erosion.

i.

Manacement of Runoff:

The plan shall contain a narrative consideration of the appropriateness of traditional storm water management practices (practices other than those which control the generation or source (s) of pollutants) used to divert, infiltrate, reuse, or otherwise manage storm water runoff in a manner that reduces 7

= ~ - _.

l pollutants in storm water discharges from the site. The plan shall provide measures that the permittee-determines to be reasonable and appropriate and these measures shall be implemented and maintained. The potential of various sources at the facility which contribute pollutants to storm water discharges, associated with industrial activity [see Section D.2 of this attachment (Description of Potential Pollutant sources)) shall be considered when determining reasonable and appropriate measures. Appropriate measures may include: vegetative swales and practices, reuse of collected storm water (such as for a process or as an irrigation source), inlet controls (such as oil / water separators), snow management activities, infiltration devices, and wet detention / retention devices.

4.

Comorehensive Site Comoliance Evaluation:

Qualified personnel shall conduct site compliance evaluations at appropriate intervals specified in the plan, but, except as provided in Section D.4.d of this attachment (below), in no case less than once a year. Such evaluations shall provide:

a.

Visual Inscection:

Areas contributing to a storm water discharge associated with industrial i

activity shall be visually inspected for evidence i

of, or the potential for, pollutants entering the drainage system. Measures to reduce pollutant loadings shall be evaluated to determine whether they are adequate and properly implemented in accordance with the terms of the permit or whether additional control measures are needed. Structural storm water management measures, sediment and erosion control measures, and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan, such as spill response equipment, shall be made.

b.

Plan Revision:

Based on the results of the inspection, the description of potential pollutant sources identified in the plan in accordance with Section D.2 of this attachment (Description of Potential Pollutant Sources) and pollution prevention measures and controls identified in the plan in accordance with Section D.3 of this attachment (Measures and Controls) shall be revised as appropriate within two weeks of such inspection and shall provide for implementation of any changes to the plan in a timely manner, but in no case more than twelve weeks after the inspection.

8

c.

Insoection Recort:

A report summarizing the scope of the inspection, personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the Storm Water Pollution Prevention Plan, and actions taken in accordance with Section D.4.b of this attachment (above) shall be made and retained as part of the Storm Water Pollution Prevention Plan for at least one year after coverage under this permit terminates. The report shall identify any incidents of non-compliance. Where a report does not identify any incidents of non-compliance, the report shall contain a certification that the facility is in compliance with the Storm Water Pollution Prevention Plan and this permit. The report shall be signed in accordance with Part II.D.3.(signatory requirements) of this permit.

d.

Inactive Minina:

Where annual site inspections are shown in the plan to be impractical for inactive mining sites due to the remote location and inaccessibility of the site, site inspections required under this part shall be conducted at appropriate intervals specified in the plan, but, in no case less than once in three years.

5.

Consistency with Other Plans:

Storm Water Pollution Prevention Plans may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans developed for the facility under Section 311 of the CWA or Best Management Practices (BMP) Programs otherwise required by an NPDES permit for the facility as long as such requirement is incorporated into the Storm Water Pollution Prevention Plan.

6.

Additional Reauirements for Storm Water Discharaes Associated with Industrial Activity throuch Municipal Separate Storm Sewer Svstems servina a Poculation of 100.000 or more:

In addition to the applicable requirements of this a.

permit, the permittee must comply with applicable requirements in municipal storm water management programs developed under NPDES permits issued for the discharge of the municipal separate storm sewer system that receives the facility's discharge, provided the discharger has been notified of such conditions.

b.

The permittee shall make plans available to the municipal operator of the system upon request.

7 Additional Recuirements for Storm Water Discharces Associated with Industrial Activity from Facilities subiect to Emercency Plannina and Community Richt-to-Know (EPCRA) Section 313 Reauirements:

In addition to 9

l

.I the requirements of Section D.1 through D.4 of this attachment and other applicable conditions of this permit, Storm Water Pollution Prevention Plans for facilities subject to reporting requirements under EPCRA Section 313 for chemicals which are classified as "Section 313 Water Priority Chemicals" shall describe and ensure the implementation of practices which are necessary to provide for confermance with the following guidelines:

a.

Minimum controls:

In areas where Section 313 Water Priority Chemicals are stored, processed or otherwise handled, appropriate containment, drainage control and/or diversionary' structures shall be provided.

At a minimum, one of the following preventive systems or its equivalent shall be used:

(1)

Curbing, culverting, gutters, sewers or other forms of drainage control to prevent or-minimize the potential for storm water run-on to come into contact with significant sources of pollutants; or (2)

Roofs, covers or other forms of appropriate protection to prevent storage piles from exposure to storm water, and wind.

b.

Additional Considerations: In addition to the minimum standards listed above, the Storm Water Pollution Prevention Plan shall include a complete discussion of measures taken to conform with the following applicable guidelines, other effective storm water pollution prevention procedures, and applicable State rules, regulations and guidelines:

(1)

Material storace areas for Section 313 Water Priority Chemicals for licuids::

Liquid storage areas where storm water comes into contact with any equipment, tank, container, or other vessel used for Section 313 Water Priority Chemicals.

(a)

No tank or container shall be used for the storage of a Section 313 Water Priority Chemical unless its material and construction are compatible with the material stored and conditions of storage such as pressure and temperature, etc.

(b)

Liquid storage areas for Section 313 Water Priority Chemicals shall be 10

s 1

I operated to minimize discharges of Section 313 chemicals.

Appropriate measures to minimize discharges of Section 313 chemicals-may include secondary containment provided for at j

least the entire contents of the largest single tank plus sufficient freeboard to allow for precipitation, a strong spill contingency and. integrity testing plan, and/or other equivalent measures.

(2)

Material storace areas for Section 313 Water Priority Chemicals other than liauids:

Material storage areas for Section 313 Water Priority Chemicals other than liquids which are subject to runoff, leaching, or wind shall incorporate drainage or other control features which will minimize the discharge of Section 313 Water Priority Chemicals by reducing storm water contact with Section 313 Water Priority Chemicals.

(3)

Truck and rail car loadina and unloadina areas for licuids in Section 313 Water Priority Chemicals:

Truck and rail car i

loading and unloading areas for liquid i

Section 313 Water Priority Chemicals shall be operated to minimize discharges of Section 313 Water Priority Chemicals. Protection such as overhangs or door skirts to. enclose trailer ends at truck loading / unloading docks shall be provided as appropriate. Appropriate measures to minimize discharges of Section 313 chemicals may include: the placement and maintenance of drip pans (including the proper disposal of materials collected in the drip pans) where spillage may occur (such as hose connections, hose reels and filler j

nozzles) for use when making and breaking

)

hose connections; a strong spill contingency and integrity testing plan; and/or other equivalent measures.

(4)

Process / Work Areas:

Areas where Section 313 Water Priority Chemicals are transferred, processed or otherwise handled - processing equipment and materials handling equipment shall be operated so as to minimize discharges of Section 313 Water Priority Chemicals. Materials used in piping and equipment shall be compatible with the substances handled. Drainage from process and materials handling areas shall minimize storm water contact with Section 313 Water Priority 11

Chemicals. Additional protection such as covers or guards to prevent exposure to wind, spraying or releases from pressure relief vents from causing a discharge of Section 313 Water Priority Chemicals to the drainage system shall be provided as appropriate.

Visual inspections or leak tests shall be provided for overhead piping conveying Section 313 Water Priority Chemicals without secondary containment.

(5)

Discharces from areas covered by Paracraohs 7.b.(1),

(2),

(3) or (4?:

(a)

Drainage from areas covered by paragraphs 7.b. (1), (2), (3) or (4) of this part should be restrained by values or other positive means, to prevent the discharge of a spill or other excessive leakage of Section 313 Water Priority Chemicals. Where containment units are employed, such units may be emptied by pumps or ejectors; however, these shall be manually activated.

(b)

Flapper-type drain valves shall not be used to drain containment areas. Valves used for the drainage of containment areas should, as far as is practical, be of manual, open-and-closed design.

(c)

If facility drainage is not engineered as above, the final discharge of all in-facility storm sewers shall be equipped to be equivalent with a diversion system that could, in the event of an uncontrolled spill of Section 313 Water Priority Chemicals, return the spilled material to the facility.

(d)

Records shall be kept of the frequency and estimated volume (in gallons) of discharges from containment areas.

(6)

Facility site runoff other than from areas covered by 7. b. (1),

(2),

(3) or (4 )_:

Other areas of the facility (those not addressed in paragraphs 7.b. (1), (2), (3) or (4)], from which runoff which may contain Section 313 Water Priority Chemicals or spills of Section i

313 Water Priority Chemicals could cause a discharge shall incorporate the necessary drainage or other control features to prevent 12 1

-j

discharge of spilled or improperly disposed material and ensure the mitigation of pollutants in runoff or leachate.

)

l (7)

Preventive maintenance and housekeecina:

All areas of the facility shall be inspected at i

specific intervals identified in the plan for leaks or conditions that could lead to discharges of Section'313 Water Priority.

Chemicals or direct contact of storm water with raw materials, intermediate materials, waste materials or products. In particular, facility piping, pumps, storage. tanks and bins, pressure vessels, process and material handling equipment, and material bulk storage areas shall be examined for any conditions or i

failures which could cause a discharge.

Inspection shall include examination for leaks, wind blowing, corrosion, support or foundation failure, or other forms of deterioration or non-containment. Inspection-intervals shall be specified in the plan and shall be based on design and operational experience. Different areas may require different inspection. intervals. Where a leak or other condition is discovered which may result in significant releases of Section 313 Water Priority Chemicals to waters of the United States, action to stop the leak or otherwise prevent the significant release of section 313 Water Priority Chemicals to waters of the United States shall be immediately taken or the unit or process shut down until such action can be taken. When a leak or non-containment of a section 313 Water Priority Chemical has occurred, contaminated soil, debris, or other material must be promptly removed and disposed in accordance with Federal, State, and local requirements and as described in the plan.

(8)

Facility security:

Facilities shall have the necessary security systems to-prevent accidental or intentional entry which couldL cause a discharge.

Security systems described in the plan shall address fencing, lighting, vehicular traffic control, and securing of equipment and buildings.

j (9)

Trainino:

Facility employees and contractor personnel that work in areas where Section 313 Water Priority Chemicals are used or stored shall be trained in and informed of preventive measures at the facility. Fmployee 13 l

traicing shall be conducted at intervals specified in the plan, but not less than once per year, in matters of pollution control laws and regulations, and in the Storm Water Pollution Prevention 2?lan and the particular features of the facility and its operation which are designed to minimize discharges of Section 313 Water Priority Chemicals. The plan shall designate a person who is accountable for spill prevention at the facility and who will set up the necessary spill emergency procedures and reporting requirements so that spills and emergency releases of Section 313 Water Priority Chemicals can be isolated and contained before a discharge of a Section 313 Water Priority Chemical can occur. Contractor or temporary personnel shall be informed of facility operation and design features in order to prevent discharges or spills from occurring.

(10) Encineerina certification:

The Storm Water Pollution Prevention Plan for a facility subject to EPCRA Section 313 requirements for chemicals which are classified as "Section 313 Water Priority Chemicals" shall be reviewed by a Registered Professional Engineer and certified to by such Professional Engineer. A Registered Professional Engineer shall recertify the plan every three years thereafter or'as soon as practicable after significant modification are made to the facility. By means of these certifications, the engineer, having examined the facility and being familiar with the provisions of this part,_shall attest that the Storm Water Pollution Prevention Plan has been prepared in accordance with good engineering practices. Such certifications shall in no way relieve the owner or operator of a facility covered by the plan of their duty to prepare and fully implement such plan.

8.

Additional Recuirements for Salt Storace:

Storage piles of salt used for deicing or other commercial or industrial purposes and which generate a storm water discharge associated with industrial activity which is discharged to a waters of the United States shall be enclosed or covered to prevent exposure to precipitation, except for exposure resulting from adding or removing materials from the pile. Dischargers 14

's shall demonstrate complianco with this provision as expeditiously as practicable, but in no. event later than October 1, 1995.

Piles do not-need to be enclosed or covered where storm water from the pile is not discharged to waters of the United States.

I f

i 15 f

PART 11 PART II CONTENTS - PART II (september 1, 1993)

SECT 10fLAdEEEIML_PECUIERiESTS_,

I'm1e SECTION A.

GENERAL REQUIREMENTS 2

1.

09ty tq_Carnly 1.

Duty to Comply The P rmittee must comply with all conditions of this 2.

Permit A*tions permit.

Any permit noncompliance constitutes a violation of 3.

Duty to Provide Information the Clean Water Act and is grounds for enforcement action; 4

Reopener Clause for permit termination, revocation and reissuance, or i

s.

Oil and Hazardous substance 1, lability modification; or for denial of a permit renewal application.

l 6.

Property Rights 7.

Confidentiality of Information 8.

Duty to Reapply a.

The permittee shall comply with effluent standards or 9.

Right of Appeal prohibitions established under Section 307(a) of the l

10.

State Laws CWA for towlo pollutants and with standards for sewage 11.

Other Laws sludge use or disposal established under section 405 (d) of the CWA within the time provided in the S ECTION D.

OPERATION AND MAINTENANCE OF POLLUTION 5

regulations that establish these standards or CONTROLS prohibitions, even if the permit has not yet been modified to incorporate the requirement.

1.

Proper Operation and Maintenance 2.

Need to Halt or Reduce Not a Defense b.

The CWA provides that any person who violates 3.

Duty to Mitigate Sections 301, 302, 306, 307, 308, 318, or 405 4.

Bypass of the CWA or any permit condition or 5.

Upset limitation implementing any of such sections in a permit issued under Section 402, or any SECTION C.

MONITORING AND RECORDS 8

requirement imposed in a pretreatment program approved under Sections 402 (a)(3) or 402 1.

Monitoring and Records (b)(B) of the CWA is subject to a civil 2.

Inspection and Entry penalty not to exceed $25,000 per day for each violation. Any person who Decliagntly SECTION D.

REPORTING REQUIREMENTS 10 violates such requirements is subject to a fine of not less than $2,500 nor more than 1.

Reporting Requirements

$25,000 per day of violation, or by a.

Planned changes imprisonment for not more than 1 year, or b.

Anticipated noncompliance both.

Any person who knowJngly violates such l

c.

Transfers requirements is subject to a fine of not less d.

Monitoring reports than $5,000 nor more than $50,000 per day of e.

Twenty-four hour reporting violation, or by imprisonment for not more f.

Compliance schedules than 3 years, or both. Note: See 40 CFR g.

Other noncompliance

$122.41(a)(2) for additional enforcement h.

Other information criteria.

2.

Signatory Requirement 3.

Availability of Reports c.

Any person may be assessed an administrative penalty by the Administrator for violating SECTION E.

OTHER CONDITIONS.

13 Sections 301, 302, 306, 307, 308, 318, or 405 of the CWA, or any permit condition or 1.

Definitions for Individual NPDES Permits limitation implementing any of such sections including Storm Water Requirements 13 in a permit issued under Section 402 of the 2.

Definitions for NPDES Permit Sludge Use CWA.

Administrative penalties for Class I and Disposal Requirements 24 violations are not to exceed $10,000 per 3.

Albreviations 32 violation, with the maximum amount of any Class I penalty assessed not to exceed

$25,000.

Penalties for Class II violations (9/1/93) 2

( 9/1 m i) 1 E

_ _. _,. _........ ~..

PART II PART II not to exceed S10,000 per day for each from any responsibilities, liabilities, or penalties to day during which the violation continues, which the pe rm it t ee is or may be subject under Section 311 with the maximum amount of any Class 11 of the cwa, or Section 106 of the Comprehensive penalty not to exceed $125,000.

Environmental Response, Compensation and Liability Act of 1990 (CEFCLA).

2 Permit _Actigns This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the The issuance of this permit does not convey any property permittee for a permit modification, revocation and rights of anf sort, nor any exclusive privileges.

reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any 7,

gg3[geggig11ty_gf_Jnf2rEAt12D l

permit condition.

a.

In accordance with 40 CFR part 2, any information 1

puty_19_frsvide_InIntrat19n submitted to EPA pursuant to these regulations may be claimed as confidential by the submitter. Any such The permittee shall furnish to the Pegional Administrator, claim must be asserted at the time of submission in the within a reasonable time, any information which the Regional manner prescribed on the application form or Administrator may request to determine whether cause exists instructions or, in the case of other submissions, by for modifying, revoking and reissuing, or terminating thic stamping the words ** confidential business permit, or to determine compliance with this permit. The information** on each page containing such information.

permittee shall also furnish to the Regional Administrator, If no claim is made at the time of submission, epa may upon request, ccpies of records required to be kept by this make the information available to the public without permit.

further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 4.

EgqpgngE_ClAMA2 CFR part 2 (public Information).

The Fegional Administrator reserves the right to make b.

Claims of confidentiality for the following information appropriate revisions to this permit in order to establish will be denied:

any appropriate effluent limitations, schedules of compliance, or other provistens which may im authorized (1) The name and address of any permit applicant er under the CWA in order to bring all discharges into permittee; compliance with the CWA.

(2) permit applications, permits, and effluent data as For any permit issued to a treatment works treating domestic defined in 40 CFR 52.302(a)(2).

sewage (including " sludge-only facilities"), the Regional Administrator or Director shall include a reopener clause to c.

Information required by NPDES application forms incorporate any applicable standard for sewage sludge use or provided by the Regional Administrator under 5122.21 disposal promulgated under Section 405 (d) of the CWA.

The may not be claimed confidential. This includes Regional Administrator or Director may prorptly modify or information submitted on the forms themselves and any revoke and reissue any permit containing the reopener clause attachments used to supply information required by the required by this paragraph if the standard for sewage sludge forms.

l uso or disposal is more stringent than any requirements for sludge use or disposal in the permit, or contains a 8.

Duty to Peapply rollutant or practice not limited in the permit.

If the permittee wishes to continue an activity regulated by petmat modification or revocation will be conducted this permit after its expiration date, the permittee must according to 40 CFR $5122.62, 122.63, 122.64 and 124.5.

apply for and obtain a new permit. The permittee shall submit a new application at least 180 days before the O i t_A nd_UAg grd ou s Eu bs tance_L i abil11Y expiration date of the existing permit, unless permission for a later date has been granted by the Regional Nothing in this permit shall be construed to preclude the Administrator.

(The Regional Administrator shall not grant institution of any legal action or relieve the permittee 14/1/ 9 3 )

3 (9/1/91) 4 e

wep@

I l

PART II PART 11 3+

Ruty L2_ Mitigate permission for applications to 15e submitted later than the expiration date of the existing permit.)

The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation 9.

Pd9ht_91_ArtcAl of this permit which has a reasonable likelihood of within thirty (30) days of receipt of notice of a final adversely affecting human health or the environment.

germit decision, any interested person, including the 4-BYEARS permittee, may submit a request to the Regional Administrator for an Evidentiary Hearing under Subpart E, or a.

Dgfinitionn.

a Non-Adversary Panel Hearing under Subpart F, of 40 CFR part 124, to reconsider or contest that decision. The (1) " Bypass means the intentional diversion of waste a

request for a hearing must conform to the requirements of 40 streams from any portion of a treatment facility.

CFR $124.74.

(2) " Severe property damage" means substantial 10-Etate_ Author 1 Lies physical damage to property, damage to the treatment facilities which causes them to become Nothing in part 122, 123, or 124 precludes more stringent inoperable, or substantial and permanent loss of State regulation of any activity covered by these regulations, whether or not under an approved State program.

natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

11.

Qthat_ Lawn b.

Ryoass not exceedina limitations, The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, nor does it relieve the permittee of its obligation to comply The permittee may allow any b pass to occur which does f

not cause effluent limitations to be exceeded, but only with any other applicable Federal, State, and local laws and If it also is for essential maintenance to assure regulations.

efficient operation. These bypasses are not subject to the provisions of Paragraphs B.4.c and 4.d of this section.

EECTION D.

OUllATlflL214Q_MAIETINANCE_ff_l'SLLUTION CON _TFDLS C'

liQAh Ptsper_pneratign_gnd Maintenance 3.

a (1) 6.nticloated bypass, The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control If the permittee knows in advance of the need for (and related appurtenances) which are installed or used by a bypass, it shall submit prior notice, if the permittee to achieve compliance with'the conditions of possible at least ten days before the date of the this permit and with the requirements of storm water

bypass, pollution prevention plans.

Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision (2) Unanticicated breass.

requires the operation of back-up or auxiliary facilities or The permittee shall submit notice of an similar systems only when the eperation is necessary to unanticipated bypass as required in paragraph achieve compliance with the conditions of the permit.

D.l.e (24-hour notice).

2.

Hee _4 to Halt or Reduce Not a DefeDER

'~

d.

prohibition of bvoass.

It shall not be a defense for a permittee in an enforcement (1) Bypass is prohibited, and the Regional action that it would have been necessary to halt or reduce the permitted activity in order to maintain compilance with Administrator may take enforcement action against a permittee for bypass, unless:

the conditions of this permit.

(9/1/93) 6 (oftfol) 5 l

l l

l

.m PART II pART II (a) Bypass was unavoidable to prevent loss of signed, contemporaneous operating logs, or other life, personal injury, or severe property relevant evidence thatz damage; (1) An upset occurred and that the permittee can (b) There were no feasible alternatives to the identify the cause(s) of the upset; bypass, such as the use of auxiliary treatment facilities, retention of untreated (2) The permitted facility was at the time being wastes, or maintenance during normal periods properly operated; of equipment downtime. This conditiori is not satisfied if adequate back-up equipment (3) The permittee submitted notice of the upset as should have been installed in the exercise of required in Paragraphs D.1.a and 1.e (24-hour reasonable engineering judgment to prevent t notice); and bypass which occurred during rormal periods of equipment downtime or preventive (4) The permittee complied with any remedial measures maintenance; and required under B.3.

above.

(c) (1) The permittee submitted notices as d.

Eurden of croof.

required under Paragraph 4.c of this section.

In any enforcement proceeding the permittee seeking to l

establish the occurrence of an upset has the burden of (11) The Regional Administrator may approve proof.

an anticipated bypass, after considering its adverse effects, if the Regional i

Administrator determines that it will SECTION C.

MONITORING AND RECORDS seet the three conditions listed above in Paragraph 4.d of this section.

1.

Monitorino and Records 2.

Epigt a.

Samples and measurements taken for the purpose of l

monitoring shall be representative of the monitored a.

Definition. " Upset" means an exceptional incident in activity.

which there is unintentional and temporary non-compliance with technology-based permit effluent b.

Except for records of monitoring information required limitations because of factors beyond the reasonable by this permit related to the permittee's sewage sludge control of the permittee. - An upset does not include use and disposal activities, which shall be retained l

noncompliance to the extent caused by operational for a period of at least five years-(or longer as l

error, improperly designed treatment facilities, required by 40 CFR Part 503), the permittes shall-inadequate treatment facilities, lack of preventive retain records of all monitoring information, including l

maintenance, or careless or leproper operation.

all calibration and maintenance records and all-original strip chart recordings for continuous b.

Effect of an upset. An upset constitutes an monitoring instrumentation, copies of all reports affirmative defense to an action brought for required by this permit, and records of all data used noncompliance with such technology-based permit to complete the application for this permit, for a effluent limitations if the requirements of paragraph period of at least 3 years from the date of the sample, B.S.c of this section are met.

No determination made measurement, report or application except for the during administrative review of claims that information cencarnina storm water discharaes which noncompliance was caused by upset, and before an action must be retained for a total of 5,vears. This retention-for noncompliance, is final administrative action period may be extended by request of the Regional subject to judicial review.

Administrator at any time.

c.

Cand111ons necessary for a demgnstration of ucagi.

c.

Records of monitoring information shall include:

A permittee who wishes to establish the affirmative (1) -The date, exact place, and time of sampling or j

defense of upset shall demonstrate, through properly measurements; l9/ t r94 7

(9/1/93) 8 l

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h% f PART Il pART II e

(2) The individual (s) who performed the sampling or d.

Sample or monitor at reasonable times, for the purposes reasurements; of assuring permit compliance or as otherwise authorized by the clean Water Act, any substances or (1) The date(s) analyses were performed; parameters at any location.

(4) The i ndividua l (s) who performed the analyses; GICTIQN D.

RFPCEIING HEQUIRDfENTS (5) The analytical techniques or methods used; and 1.

Egpgrtina Reaultgagnta (6) The results of such analyses.

n.

Elanned chsnagg. The permittee shall give notice to d.

Monitoring results must be conducted according to test the Regional Administrator as soon as poesible of any procedures approved under 40 CFR part 136 or, in the planned physical alterations or additions to the case of sludge use or disposal, approved under 40 CFR permitted facility. Notice is required only whent part 136 unless otherwise specified in 40 CFR part 503, unless other test procedures have been specified in the (1) The alteration or addition to a permitted facility permit.

may meet one of the criteria for determining whether a facility is a new source in 40 CFR The clean Water Act provides that any person who

$122.dI'b); or c.

falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to (2) The alterattoia or addition could significantly be maintained under this permit shall, upon conviction, change the nature or increase the quantity of be punished by a fine of not more than $10,000, or by pollutants discharged. This notification applies imprisonment for not more than 2 years, or both. If a neither to pollutants which are subject to the conviction of a person la for a violation committed effluent limitations in the permit, nor to the after a first conviction of such person under this notification requirements at 40 CFR 5122.42(a)(1).

paragraph, punishment is a fine of not more than

$20,000 per day of violation, or by imprisonment of not (3) The alteration or addition results in a more than 4 years, or both, significant change in the permittee's sludge use or disposal practices, and such alteration, 2.

Ingrect19n_And_Entty addition or change may justify the application of permit conditions dif ferent from or absent in the The permittee shall allow the Regional Administrator, or an existing permit, including notification of authorized representative (including an authorized additional use or disposal sites not reported contractor acting as a representative of the Administrator),

during the permit applicatlon process or not upon presentation of credentials and other documents as may reported pursuant to an approved land application be required by law, to:

plan.

a.

Enter upon the permittee's premises where a requiated b.

Ant 1G.1Ditid_IlQDCDEDlle nce. The permittee shall give facility or activity is located or conducted, or where advance notice to the Regional Administrator of any records must be kept under the conditions of this planned changes in the permitted facility or activity permit; which may result in noncompliance with permit requirements.

b.

Have access to and copy, at reasonable times, any records that must be kept under the conditions of this c.

Transfers. This permit is not transferable to any permit; person except after notice to the Regional Administrator. The Regional Administrator may require c.

Inspect at reasonable times any faellities, equipment modification or revocation and reissuance of the permit (including monitoring and control equipment),

to change the name of the permittee and locorporate practices, or operations regulated or required under such other requirements as may be necessary under the this permit; and Clean Water Act. (See $122.61; in some cases, modification or revocation and reissuance la mandatory.)

(9/1/9);

9 (9/1/93) 10

PART II PART II d.

H2Dit9Ein2_teR2Its. Monitoring results shall be (b) Any upset which exceeds any effluent reported at the intervals specified elsewhere in this permit.

limitation in the permit.

(c) Violation of a maximum daily discharge (1) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms provided or limitation for any of the pollutants listed specified by the Regional Administrator for by the Regional Administrator in the permit reporting results of monitoring of sludge use or to be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. (See disposal practices.

5122.44(g).)

(2) If the permittee monitors any pollutant more (3) The Regional Administrator may waive the written frequently than required by the permit using test report on a case-by-case basis for reports under paragraph D.I.e if the oral report has been procedures approved under 40 CFR Part 136 or, in received within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

the case of sludge use or disposal, approved under 40 CTR Part 136 unless otherwise specified in 40 f.

CRED11ance Schedules. Reports of ccmpliance or CFR part 503, or as specified in the permit, the noncompliance with, or any progress reports on, interim results of this monitoring shall be included in the calculation and reporting of the data and final requirements contained in any compliance submitted in the DMR or sludge reporting form schedule of this permit shall be submitted no later specified by the Regional Administrator.

than 14 days following each schedule date.

9 QLher nonggmollance.

(3) Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the The permittee shall report all instances of Regional Administrator in the permit.

noncompliance not reported under Paragraphs D.1.d, D.l.e and D.1.f of this section, at the time monitoring e.

IKinLY Laur hour rgporting.

reports are submitted. The reports shall contain the Information listed in Paragraph D.1.e of this section.

(1) The permittee shall report any noncompliance which h.

Other information.

may endanger health or the environment.

Any information shall be provided orally within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> from the time the permittee becomes aware of Where the permittee becomes aware that it failed to the circumstances.

submit any relevant facts in a permit application, or submitted incorrect information in a permit application A written submission shall also be provided within or in any report to the Regional Administrator, it 5 days of the time the permittee becomes aware of shall promptly submit such facts or information.

the circumstances. The written submission shall contain a description of the noncompliance and its 2.

Elanatory Recuirerent cause; the period of noncompliance, including exact dates and times, and if the noncompliance a.

All applications, reports, or information submitted to has not been corrected, the anticipated time it is the Regional Administrator shall be signed and expected to continue, and steps taken or planned certified. (See 5122.22) to reduce, eliminate, and prevent reoccurrence of the noncompliance.

b.

The CWA provides that any person who knowingly makes any false statement, representation, or certification (2) The following shall be included as information in any record or other document submitted or required which must be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> under this paragraph.

to be maintained under this permit, including monitoring reports or reports of compilance or (a) Any unanticipated bypass which exceeds any non-compliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by effluent limitation in the permit. (See imprisonment for not more than 6 months per violation,

$122.41(g).

or by both.

2/1/93) 11 (9/1/93) 12 L

pr.

$k/

PART II

'e-PSRT II

)

3.

Availability of Reoorts 6:

Averaae week 1v diacharge limitation means the highest Except for data determined to be confidential under allowable average of " daily discharges" over a calendar Paragraph A.8 above, all reports prepared in accordance with week, calculated as the sua cf all " daily discharges" the terms of this permit shall be available for public measured during a calendar week divided by the number of Inspection at the offices of the State water pollution

" daily discharges" measured during that week.

control agency and the Regional Administrator. As required by the CWA, effluent data shall not be considered Best Manaaement Practices fBMPs) means schedules of confidential. Knowingly making any false statement on any activities, prohibitions of practices, maintenance such report may result in the imposition of criminal procedures, and other management practices to prevent or penalties as provided for in Section 309 of the cwa.

reduce the pollution of " waters of the United states." BNPs also include treatment requirements, operating procedures, 2

and practices to control plant site runoff, spillage or

$ECIJON E.

OTHER CONDITIONS.

leaks, sludge or waste disposal, or drainage from raw material storage.

1.

DEFINITIONS FOR INDIVIDUAL NPDES PERMITS INCLUDING STORM WATER REQUIREMENTS Best Professional Judoement (BPJ1 means a case-by-case determination of Best Practicable Treatment (BPT), Best For purposes of this permit, the following definitions shall Available Treatment (BAT) or other appropriate technology--

apply.

based standard based on an evaluation of the available technology to achieve a particular pollutant reduction and Administratgr means the Administrator of the United States other factors set forth in 40 CFR $125.3 (d).

Environmental Protection Agency, or an authorized representat'ive.

Class I sludae Manaaengpt Facility means any POTW identified under 40 CFR $403.8(a) as being required to have an approved Applicehla_Etandards and limitations means all State, pretreatment program (including such POTWs located in a interstate, and Federal standards and limitations to which a state that has elected to assume local program responsibilities pursuant to 40 CFR $403.10(e)] and any

" discharge", a " sewage sludge use or disposal practice", or a related activity is subject to, including " effluent other treatment works treating domestic sewage classified as limitations", water quality standards, standards of a " Class 1 Sludge Management Facility" by the Regional' Administrator, or, in the case of approved State pro rams, performance, toxic effluent standards or prohibitions, g

"best the Regional Administrator in conjunction with the State management practices", pretreatment standards, and

" standards for sewage sludge use and disposal" under Director, becauen of the potential for its sludge use or Sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of disposal practices to adversely af fect public health and the -

environment.

CWA.

applicaticD means the EPA standard national forms for Coal elle runoff means the rainfall runoff from or through i

applying for a permit, including any additions, revisions or any coal storage pile.

2 modifications to the forms;.or forms approved by EPA for use in " approved States," including any approved modifications Comoosite Samole - A sample consisting of a minimum of eight or revisions.

grab samples collected at equal intervals during a 24-hour period (or lesser period as specified in the section on averagg - The arithmetic mean of -values taken at the Monitoring and Reporting) and combined proportional.to flow, frequency required for-each parameter over the specified or a sample continuously collected proportionally to flow' period. For total and/or-fecal ecliforms and Escherichla over that same time period.

call, the average shall be the geometric mean.

Construction Activities.The following definitions apply to construction activities

  • Average monthly discharae limitation means the highest allowable average of " daily discharges" over a calendar month calculated as the sum of all " daily discharges" (a)- Comagncement of Construction is the initial disturbance' measured'during a calendar month divided by the number of of soils associated with clearing, grading,Jor

" daily discharges" measured during that month.

excavating activities or other construction activities.

(9/1/9H 13 (9/1/93) 14 l

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c PART II PART II Elllunnt_lliPilatioDMJ.luidgilngs means a regulation published by the Administrator under Section 304(b) of CWA to adopt or LAE9g_ADsWindium municioal seDAIAtt_ Storm agygE_.EYAlg2 means revise " effluent limitations."

all municipal separate storm sewers that are eithert (1) located in an incorporated place (city) with a population Ei% means the United States " Environmental Protection of 100,000 or more as determined by the latest Decennial Agency."

Census by the Bureau of census (these cities are listed in Appendices F and 40 CFR Part 122); or (ii) located in the El9Wryg1Sbled_E2FpgAltg_parpig means a composite sample counties with unincorporated urbanized populations of consisting of a mixture of aliquots collected at a constant 100,000 or more, except municipal separate storm sewers that time interval, where the volume of each aliquot is are located in the incorporated places, townships or towns proportional to the flow rate of the discharge.

within such counties (these counties are listed in Appendices H and I of 40 CFR 122); or (iii) owned or gra b_farpig - An individual sample collected in a period of operated by a municipality other than those described in less than 15 minuted.

Paragraph (1) or (ii) and that are designated by the Regional Administrator as part of the large or medium iMZardgus_Supatgngq means any substance designated under 40 municipal separate storm sewer system.

CFR Part 116 pursuant to Section 311 of cwa.

Maximun_ daily discharae limitation nears the highest Indirest Dlugh3tget means a non-domestic discharger allowable " daily discharge" concentration that occurs only introducing pollutants to a publicly cwned treatment works.

during a normal day (24-hour duration).

intgiftrensg means a Discharge which, alone or in Maximum _ daily disenaroe limilation fgg_defingi_f2E_the_Riesa conjunction with a discharge or discharges from other Elgstrig_2019r Planta _onlyl_yhen acolied to Total ResidyAl sources, both:

Chlorine (IRC) gr Total Residual Oxidant fTROI is defined as

" Maximum Concentration or " Instantaneous Maximum (a) Inhibits or disrupts the POTW, its treatment processes Concentration" during the two hours of a chlorination cycle or operations, or its sludge processes, use or (or fractions thereof) prescribed in the steam Electric disposal: and Guidelines, 40 CFR Part 423.

These three synonymous terms all mean "a value that shall not be exceeded" during the (b)

Therefore is a cause of a violation of any requirement two-hour chlorination cycle. This interpretation differs of the POTW's NPDES permit (including an increase in from the specified NPDES Permit requirement, 40 CFR $122.2, the magnitude or duration of a violation) or of the tihere the two terms of " Maximum Daily Discharge" and prevention of sewage sludge use or disposal in

" Average Daily Discharge" concentrations are specifically compliance with the following statutory provisions and limited to the daily (24-hour duration) values.

regulations or permits issued thereunder (or more st ringent State or local regulations): Section 405 of Municipality means a city, town, borough, county, parish, the Clean Water Act (CWA), the Solid Waste Disposal Act district, association, or other public body created by or (SWDA) (including Title II, more commonly referred to under State law and having jurisdiction over disposal of as the Resources Conservation and Recovery Act (RCRA),

sewage, industrial wastes, or other wastes, or an Indian and including State regulations contained in any State tribe or an authorized Indian tribe orcanization, or a sludge management plan prepared pursuant to Subtitle D designated and approved management agency under Section 208 of the SWDA), the clean Air Act, the Toxic Substances of CWA.

Control Act, and the Marine Protection Research and Sanctuaries Act.

Eational Pollutant Discharce Elimination System means the national program for issuing, modifying, revoking and Land ((11 means an area of land or an excavation in which reissuing, terminating, monitoring and enforcing permits, wistes arc placed for permanent disposal, and which is not a and imposing and enforcing pretreatment requirements, under land application unit, surface impoundment, injection well, Sections 307, 402, 318, and 405 of CWA.

The term includes or waste pile.

an " approved program."

Land _appliggtfon unit means an area where wastes are applied ECM_d1Echargtr means any building, structure, facility, or onto or inecrporated into the soil surface (excluding manure installation:

spreading operations) for treatment or dispcsal.

"/1/91) 17 (9/1/93) 18

PART II PART II (a)

Fr oa which there is or may be a " discharge of Qvner_pr operator means the owner or operator of any pellutants";

" facility or activity" subject to regulation under the NPDES programs.

(b) That did not commence the " discharge of pollutants" at a particular " site" prior to August 13, 1979; Pass throqqh means a Discharge which exits the POTW into Waters of the United States in quantities or concentrations (c) Which is not a "new source"; and which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of (d) Which has never received a finally effective NPDES any requiresent of the POTW's NPDES permit (including an permit for discharges at that " site".

increase in the magnitude or duration of a violation).

This definition includes an " indirect discharger" which Egrmit means an authorization, license, or equivalent commences discharging into " waters of the United States" centrol document issued by EPA or an " approved State."

after August 13, 1979.

It also includes any existing mobile point source (other than an offshore or coastal oil and gas Person means an individual, association, partnership, exploratory drilling rig or a coastal oil and gas corporation, municipality, State or Federal agency, or an developmental drilling rig) such as a aeefood processing agent or employee thereof.

rig, seafood processing vessel, or aggregate plant, that begins discharging at a " site" for which it does not have a E21Rt_E2urce means any diecernible, confined, and discrete permit; and any offshore or coastal mobile oil and gas conveyance, including but not limited to any pipe, ditch, exploratory drilling rig or coastal mobile oil and gas channel, tunnel, conduit, well, discrete fissure, container, developmental drilling rig that commences the discharge of rolling stock, concentrated animal feeding operation, pollutants after August 13, 1979, at a " site" under EPA's landfill leachate collection system, vessel, or other permitting jurisdiction for which it is not covered by an floating craft, from which pollutants are or may be individual or general permit and which is located in an area discharged. This term does not include return flows from determined by the Pegional Administrator in the issuance of irrigated agriculture or agricultural storm water runoff.

final permit to be an area of biological concern.

In (See $122.2) adetermining whether an area is an area of biological concern, the regional Administrator shall consider the Pollutant seans dredged spoil, solid waste, incinerator factors specified in 40 CFR 55 12 5.12 2. (a) (1) through (10).

residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, An offshore or coastal mobile exploratory drilling rig or radioactive materials (except those regulated under the coastal mobile developmental drilling rig will be considered Atomic Energy Act of 1954, as amended (42 U.S.C. 552011 et a "new discharger" only for the duration of its discharge in seq.)), heat, wrecked or discarded equipment, rock, sand, an area of biological concern.

cellar dirt and industrial, municipal, ano agricultural waste discharged into water.

It does not mean:

Ett_Equrgs means any building, structure, facility, or installation from which there is or may be a " discharge of (a) Sewage from vessels; or pollutants," the construction of which commenced:

(b)

Water, gas, or other material which is injected into a (a) After promulgation of standards of performance under well to facilitate production of oil or gas, er water section 306 of CWA which are applicable to such source, derived in association with oil and gas production a-d disposed of in a well, if the well used either to or facilitate production or for disposal purposes is (b)

After proposal et standards of performance in approved by authority of the State in which the well is accordance with Section 306 of CWA wnich are applicable located, and if the State determines that the injecticn to such source, but only if the standards are or disposal will not result in the degradation of promulgated in accordance with Section 306 within 120 ground or surface water resources.

days of their proposal.

Primary industry catecerv means any industry category listed UEDES means " National Pollutant Discharge Elimination in the NRDC settlement agreement (Hatural Rgsources Defensg system."

Cguncil et 31. v. Train, B E.R.C. 2120 (D.D.C.

1976),

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FART II PART 11 pipp1_acement is the relative movement of any two sides of a Houriv aviEA2g is the arithmetic mean of all measurements, fault measured in any direction.

taken during an hour.

At least two measurements must be taken during the hour.

Dgatatir_JfE1Agg is either 11guld or solid material removed from a septic tank, cesspool, portable toilet, Type III Ingineration is the combustion of organic matter and rarine sanitation device, or similar treatment works that inorganic matter in sewage sludge by high temperatures in an receives only domestic sewage. Domestic septage does not enclosed device.

include liquid or solid material rencyed from a septic tank, cesspool, or similar treatment works that receives either Industrial wantryater is wastewater generated in a commercial wastewater or industrial wastewater and does not commercial or industrial process.

include grease removed from a grease trap at a restaurant.

Land acclicaticn is the spraying or spreading of sewage D9Egitiq_ggyggg is waste and wastewater from humans or sludge onto the land surface; the injection of sewage sludge household operations that is discharged to or otherwise below the land surface; or the incorporation of sewage enters a treatment works.

sludge into the soil so that the sewage sludge can either condition the soil or fertilize crops or vegetation grown in Qty _yclght_f4Als means calculated on the basis of having the soil.

been dried at 105 degrees Celsius (*C) until reaching a constant mass (i.e., essentially 100 percent solids Land with a hiah notential for oublic eroonure is land that content).

the public uses frequently. This includes, but is not limited to, a public contact site and a reclamation site Egg 1t is a fracture or zone of fractures in any materials located in a populated area (e.g., a construction site along which strata on one side are displaced with respect to located in a city).

strata on the other side.

Land with a Igv cotential for oublic exo2EMIA is land that Eged crnpa are crops produced primarily for consumption by the public uses infrequently. This includes, but is not animals.

limited to, agricultural land, forest and a reclamation site located in an unpopulated area (e.g., a strip mine located Fiber CI2P3 are crops such as flax and cotton.

in a rural area).

final cover is the last layer of soil or other material Leachate collection system is a system or device installed placed on a sewage sludge unit at closure.

immediately above a liner that is designed, constructed, maintained, and operated to collect and remove leachate from Fluidized bed incinerator is an enclosed device in which a sewage sludge unit.

organic matter and inorganic matter in sewage sludge are combusted in a bed of particles suspended in the combustion Linir is soil or synthetic material that has a hydraulic chamber gas.

conductivity of 1 x 10*3 centimeters per second or less.

E22d_EI2p3 are crops consumed by humans.

These include, but Lgwer exolosive limit for methane cas is the lowest are not limited to fruits, vegetables, and tobacco.

percentage of methane gas in air, by volume, that propagates a flame at 25 degrees Celsius and atmospheric pressure.

ESIAA1 is a tract of land thick with trees and underbrush.

Monthly averace (Incineration) is the arithmetic mean of the GrQknl_wAltI is water below the land surface in the hourly averages for the hours a sewage sludge incinerater saturated tone.

operates during the month.

Eglocene ting is the most recent epoch of the Quaternary Monthly averagg (Land Application) is the arithmetic mean of period, extending f rom the end of the Pleistocene epoch to all measurements taken during the month.

the present.

Municioality means a city, town, borough, county, parish, district, association, or other public body (including an intermunicipal Agency of two or more of the foregoing entities) created by or under State law; an Indian tribe.or (1-1 91) 27 (9/1/93) 28 k

=

emf

=

erm y

PART II PART II an authorized Indian tribal organization having jurisdiction physical deformations in either organisms or offspring of over sewage sludge management; or a designated and approved the organisms.

management Agency under section 208 of the CWA, as amended.

The definition includes a special district created under Pollutant _11mit (for sludge disposal requirements) is a State law, such as a water district, sewer district, numerical value that describes the amount of a pollutant sanitary district, utility district, drainage district, or allowed per unit amount of sewage sludge (e.g., milligrams similar entity, or an integrated waste management facility per kilogram of total solids); the amount of pollutant that es defined in section 201(e) of the CWA, as amended, that can be applied to a unit area of land (e.g., kilogram per has as one of its principal responsibilities the treatment, hectare); or the volume of a material that can be applied to transport, use, or disposal of sewage sludge.

a unit area of land (e.g., gallons per acre).

QLher ccntainer is either an open or closed receptacle.

Public contact site is a land with a high potential for This includes, but is not limited to, a bucket, a box, a contact by the public. This includes, but is not limited carton, and a vehicle or trailer with a load capacity of one to, public parks, ball fields, cemeteries, plant nurseries, metric ton or less.

turf farms, and golf courses.

Easture is land on which animals feed directly on feed crops Quallfled around-water scientist is an individual with a such as legumes, grasses, grain stubble, or stover.

baccalaureate or post-graduate degree in the natural sciences or engineering who has sufficient training and Eathngenic orcanlama are disease-causing organisms. These experience in ground-water hydrology and related fields, as include, but are not limited to, certain bacteria, protozoa, may be demonstrated by State registration, professional viruses, and viable helminth ova.

certification, or completion of accredited university programs, to make sound professional judgments regarding EgtnittinQ Auth2LitY is either EPA or a State with an EPA-ground-water monitoring, pollutant fate and transport, and approved sludge management program.

corrective action.

Efr2RD is an individual, association, partnership, Ranoe land is open land with indigenous vegetation.

corporation, municipality, State or Federal agency, or an agent or employee thereof.

Reclamation sita is drastically disturbed land that is reclaimed using sewage sludge. This includes, but is not Person who creparga_sgwage sludg; is either the person who limited to, strip mines and construction sites.

generates sewage sludge during the treatment of domestic sewage in a treatment works or the person whu derives a Risk soecific concentration is the allowable increase in the material from sewage sludge.

average daily ground level ambient air concentration for a pollutant from the incineration of sewage sludge at or EU means the logarithm of the reciprocal of the hydrogen ion beyond the property line of the site where the sewage sludge concentration. A measure of the acidity or alkalinity of a incinerator is located.

liquid or solid material.

Runoff is rainwater, leachate, or other 11guld that drains Elagg_Etwagg_gludoe or sewaoe sludog_placed means disposal overland on any part of a land surface and runs off the land of sewage sludge on a surface disposal site.

surface.

Pollutant (as defint#_in slu_4ge_412po_tal_tequirementsl is an Seismic imoact zone is an area that has a 10 percent or organic substance, an inorganic substance, a combination or greater probability that the horizontal ground level organic and inorganic substances, or pathogenic organism a acceleration to the rock in the area exceeds 0.10 gravity that, after discharge and upon exposure, ingestion, once in 250 years.

inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the Sewace sludoe is a solid, semi-solid, or liquid residue food chain, could on the basis of information available to generated during the treatment of domestic eewage in a the Aiministrator of EPA, cause death, disease, behavioral treatment works. Sewage sludge includes, but is not limited abnormalities, cancer, genetic mutations, physiological to, domestic septage; scum or solids removed in primary, malfunctions (including malfunction in reproduction) or secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not

("/1/93) 29 (9/1/91) 30 l

l l

I i

PART II PART 11 include ash generated during the firing of sewage sludge in I2Lal hydrocarbons means the organic ccmpounds in the exit a sewage sludge incinerator or grit and screening generated gas from a sewage sludge incinerator stack measured using a flame ionization detection instrument referenced to propane.

during preliminary treatment of domestic sewage in treatment Total splida are the materials in sewage sludge that remain works.

as residue when the sewage sludge is dried at 103 to 105 ERE12E_Elud31 Lifd ral2 is either the average daily amount of sewage sludge fired in all sewage sludge incinerators degrees Celsius, within the property line of the site where the sewage sludge Trgat or treatment of sewaae sludag is the preparation of incinerators are located for the number of days in a 365 day period that each sewage sludge incinerator operates, or the sewage sludge for final use or disposal. This includes, but average daily design capacity for all sewage sludge is not limited to, thickening, stabilization, and dewatering incinerators within the property line of the site where the of sewage sludge. This does not include storage of sewage sewage sludge incinerators are located.

sludge.

Ugwagt_glud2e incinerat2r is an enclosed device in which Treatagat M2rkA is either a federally owned, publicly owned, only sewage sludge and auxiliary fuel are fired.

or privately owned device or system use to treat (including recycle and reclaim) either domestic sewage or a combination GCEA91.1LRd2E_MD11 is land on which only sewage sludge is of domestic sewage and industrial waste of a 11guld nature.

place for final disposal. This does not include land on which sewage sludge is either stored or treated.

Land does Enatable area is land subject to natural or human-induced not include waters of the United States, as defined in 40 forces that may damage the structural components of an active sewage sludge unit. This includes, but is not CFR 5122.2.

limited to, land on which the soils are subject to mass movement.

E2wa3R_glMd2t_ unit bonndary is the outermost perimeter of an active sewage sludge unit.

Unstabilized s21143 are organic materials in sewage sludge that have not been treated in either en aerobic or anaerobic Srecific oxycen_yptake rate (EOUR) is the mass of oxygen consumed per unit time per unit mass of total solids (dry treatment process.

weight basis) in sewage sludge.

yector attractl2D is the characteristic of sewagd sludge that attracts rodents, flies, mosquitos, or other organisms Statt_ height is the dif ference between the elevation of the top of a sewage sludge incinerator stack and the elevation capable of transporting infectious agents.

of the ground at the base of the stack when the difference Volatile solids is the amount of the total solids in sewage is equal to or less than 65 meters.

When the difference is greater than 65 meters, stack height is the creditable stack sludge lost when the sewage sludge is combusted at 550 height determined in accordance with 40 CFR $51.100(11).

degrees Celsius in the presence of excess air.

Statg is one of the Unites States of America, the District Wet electrostatic crecipitator is an air pollution control of Columbia, the commonwealth of Puerto Rico, the Virgin device that uses both electrical forces and water to remove Islands, Guam, American Samoa, the Trust Territory of the pollutants in the exit gas from a sewage sludge incinerator pacific Islands, the Commonwealth of the Northern Mariana stack.

Islands, and an Indian Tribe eligible for treatment as a Wet scrubber is an air pollution control device that uses State pursuant to regulations promulgated under the water to remove pollutants in the exit gas from a sewage authority of section 518(e) of the CWA.

sludge incinerator stack.

ELQLL or Etgrace of sewa2t_gludqq is the placement of sewage sludge on land on which the sewage sludge remains for two 3.

THE COMMONLY USED ABBREVIATIONS ARE LISTED BELOW.

years or less.

This does not include the placement of Five-day biochemical oxygen BOD sewage sludge on land for treatment.

demand unless otherwise Eurface disp.otal slig is an area of land that contains one specified or more active sewage sludge unitr Carbonaceous BOD CBOD

( 9 /1/ 91) ll (9/1/93) 32 b

A m

F

PART II PART II t

COD Chemical oxygen demand Nitrogen CFS Cubic feet per second Total N Total nitrogen Chlorine NH -N Ammonia nitrogen as nitrogen 3

C1 T tal residual chlorine 2

NO -N Nitrate nitrogen as nitrogen 3

THC Total residual chlorine which is a combination of free 2

Nitrite nitrogen as nitrogen NO -N available chlorine (FAC, see NO -NO Combined nitrate and nitrite 3

2 below) and combined chlorine (chloramines, etc.)

nitrogen as ritrogen TEN Total Kjeldahl nitrogen as Tuo Total residual chlorine in marine waters where halogen nitrogen compounds are present FAC Free Oil & Grease Freon extractable material available chlorine (aqueous molecular chlorine, PCB Polychlorinated biphenyl hypochlorous acid, and-hypochlorite lon) pH A measure of the hydrogen ion concentration. A measure of Coliform alkalinity of a liquid or Coliform, Fecal Total fecal coliform bacteria

"#'*#*~*

  • "9""

Coliform, Total Total coliform bacteria Temp. *C Temperature in degrees Cont. (Continuous)

Continuous recording of the Centigrade parameter being monitored, e.: flow, temperature, pH, p,p, op Fahrenheit 3

cu. M/ day or M / day

. Cubic Meters per Day TOC Total organic carbon Do Dissolved Oxygen Total P Total phosphorus kg/ day Kilograms per Day TSS or NFR Total suspended solids or-total nonfilterable residue Ibs/ day rounds per Day Turb. or Turbidity Turbadity measured by the mg/l Milligram (s) per Liter Nephelometric. Method (NTU) ml/l Milliliter (s) per-Liter ug/l Micrograms per liter MCD Million Gallons per Day p/t/43) 33

. [973f93) 34 I

I

(_

i-

PART II W LT "Whole Effluent Toxicity" is the total effect of an effluent measured directly with a toxicity test.

C-NOEC

" Chronic [ Long-tern Exposure Test]-No Observed Effect Concentration". The highest tested concentration of an effluent or a toxicant at which no adverse effects are observed on the aquatic test organisms at a specific time of observation.

A-NOEC

" Acute [Short-term Exposure Test)-No Observed Effect Concentration".

See C-NOEC definition.

LC-50 LC-50 is the concentration of a sample that causes mortality of 50% of the test population at a specific time of observation. The LC-50 100%

=

is defined as a sample of undiluted effluent.

Z1D Zone of Initial Dilution means the region of initial mixing surrounding or adjacent to the end of the outfall pipe or diffuser ports.

('2 /1/ 9 3 )

35 4

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~

HEARING REQUESTS If you wish to contest any of the provisions of this permit you Cornal hearing within 30 days of receipt of this may request a should be submitted to the Regional Hearing letter.

The request Clerk at the following address:

Regional Hearinj Clerk U.S.

Environmental Protection Agency Of fice of Regional Counsel (RRC)

John F.

<ennedy Federal Building Room 2203 Boston, fiA 02203 Any request for a formal hearing must conf orm to the requirements of 40 C.F.R. $l24.74 (b) and (c). You should also be aware that no issues can be raised at a hearing that were not previously raised on the draf t permit unless good cause is shown.

See 40 C.F.R. 5124.76.

Copies of 40 C.F.R.

S$124.74 and 124.76 ' are enclosed f or your information.

STAYS OF NPDES PERMITS NEW SOURCE, NEW DISCHARGER, RECOMMENCING DISCHARGER Should toe Agency receive and grant a request for a formal hearing, a permit pending final Agency action, unless r

you shall be without i

an order authorizing operation is obtained f rom the Presiding in accordance with the provisions of 40 C.F.R.

SS124.16

Officer, (a)(1) and 124.60 (a)(1) and (2).

8XISTING SOURCES for a formal hearing, Snculd tne Agency receive and grant a request the contested provisions of the permit will be stayed and will not become ef fective until the administrative review process is l

in accordance with 40 C.F.R. 55124.16 and 124.60(c).

I completed, All uncontested provisions of the permit will De ef fective and in accordance with the provisions of 40 C.F.R.

enforceable 5124.60(c)(5).

Copies of 40 C.r.R. 53124.16 and 124.60 are enclosed for your i n f o rina t ion.

Federal Repstar / Vol 48. N:. M / Prfday. Apnl 1,1983 / Rul:s and Rarda 14r 1124.1s sesye et contested permas madMoons.

(s) Stoys. (1)If a request for review of a RCRA or UIC permit under 9124.19 or an NPDES percut under i 124.74 or i 124.114 Ie granted or if conditions of a RCRA or UIC permit are consolidated for recunsulersuon in an evidentury beanns on an NPDES peruut under Ii 124.74.124.82 or 124.114. the effect of the contested permit conditions shall be stayed and shad not be tubject to judjcial review pending Snal agency action. (No stay of a PSD pernut is available under this section.)lf the permit involves a new facdity or new infection well. new sostce new discharger or a recommenc,ing discharger, the applicant shall be without a permit for the proposed new factlity, injection well source or discharger pending anal agency action.

See also i 124.00.

(2) Uncontested cogditions which are not serverable from Gose contested shall be stayed together with the contested conditions. Stayed provisions of permits for existing facdities, infection wells, and sources shad be, identiBed by the Regional Adminletretor. All other provisions of the permit for the existing facility, inleedon weD. cr co ne abaP watic fuDy effective and enforceabla.

(b) Stoye basecf on cross effects. (1) A stay may be granted based on the grounds that an appeal to the Adadnistrator under 9124.19 of one permit may tveult in changes to another EPA issued permit orJy when each of the permits involved has been appealed to the AAniaistrutor and be or she has accepted each appeal (2) No stey of an EPA.tsened RCRA.

UIC. or NPDES permit shall be granted beeed on the steytog of any State 4sened penett at the discredon of the Regional A Mistrator and ocJy upon writtaa from the 54ste Director.

(c) Any ty or activity holding an exieths permit must:

(1) Comply with the coadsbons of that pennit during any med15cmtion ce tsvo:atten ased reissuance proceeding under i 124.& and (2)To the extant ceuxhtfons of any new permit are stayed under this section. comply with the conditfoes of the axisting permit which correspond to the stayed conditions, unlesa compliance with the existing conditions would be technologicaUy incompatible with compliance with other condittoca of the new permit which have not been stried.

f

V l

s IU76 Federal Register / Vol. 48. No. 64 / Friday. Apnl 1,1983 / Rules and Regulatiens' 1C77 i 12tes m and eposew esas and Administrator under I 124 91, the force (d)If at any ame ener a heanns :s 8'8Y N #*" "

and effect of the contested conditions of panted and aner the Regional in addition to the requimments of the final permat shall be stayed. no Arimimatretor's nonce under peregraph 112415. the following provisions apply Regional Administrator shall noufy. in (c)(1) of this section it becomes c! ear to NPDES permats and to RCRA or UIC accordance mth l 124.75 the discharger

. that a permit requirement is no longer and all partes of the uncontested contested, any party may request the per=sts to the extent those permits may conditions of the Anal permit that are Presiding OfBcer to issue an order have been consolidated mth an NPDES enforceable obligations of the identifying the requimments as permit in a formal heannf discharser, uncontested. De requirement identif'ed (a)(1)If a request for a formal heanng (2) When effluent limitations are m such order shall become enforce.ebie is granted under i 124.75 or i 124.114 -

contested. but the underlymg control 30 days after the issuance of the order.

regarding the imtial permit issued for a technology is not, the notice shall (e) When a formal heanns is panted new source. e new discharger, or a identify the installation of the under i 124.75 on an apphcanon for a -

recommencing discharger oril a technology in accordance with the renewal of an existing permit. all petition for review of the denial of a permit compliance schedules (if provisions of the eiusting permit as weu request for a formal heanns with respect uncontested) as an uncontested-as uncontested provisions of the new to such a permit is timely filed mth the enforceable obligation of the permit.

permit, shall continue 'ully enforceable Admmistrator under i 124.91. the (3) When a combination of applicant shall be ethout a permit technologies is contested. but a portion and effective unul final agency accon pending final Agency acton under of the combination is not contested, that under i 124.M. (See i 122.8) Upon i 124.91.

portion shall be idenufied as wntten request from the applicant. the (2) Whmver a source subject to this uncontested if compatible with the Regional Adamistrator may delete -

r paragraph has received a final permit combination of technologies proposed requirements from the exasting permit under l 124.15 which is the subject of a by the requester, which unnecessanly duplicate hearing request under i 124.74 or a (4] Uncontested conditions,if uncontested provisions of the new formal heanns under l 124.75. the inseverable from a conwsted condition.

pruut.

Presiding Officer. on motion by the shall be considered contested.

(f)Whenissuing a finally effectve source. rney issue an order authorizing it (5) Uncontested conditions shall NPDES permit the conditions of which to begin operation before final agency become enforceable 30 days aner the wm b subject of a formal hearing action if it complies mth all conditions date of notice under paragraph (c)(1) of under Subparts E or F. the Regional of that final permit during the period this section panting the mquest. lf-Administrotor shall extend the permit '

comollance schedule to t!?= ort:nt -

unul final agency action. De Presiding however. a request for a formal hearing Officer may pant such a motion in any on a condition was denied and the aegaired by a Wtay ender this section provided b no such matansum shall b4 case whm no party opposes it, or. if a denial is appea:ed sad:r i 7.24 21. thos granted awhid mould-i party opposes the motion, when the that condition shall become enforceable (3J Ramnit is the awilamies of an source demonstrates that (i)it is likely upon the date of the notice of the ejgscable statutory dondhne. or to preyail on the mente:(ii) irreparable Administrator's decision on the appealif (2) Canoe the pasmst to espire more i

harm to the environment mil not result the denialis affirmed, or shau be stayed.

than 5 yeaas aber issuance upder pending final agency action af it is in accordance with this section, if the i 124.15(a). :

allowed to commence operations before Administrator reverses the denial and final agency acton; and (iii) the public grants the evidentiary hearmg.

g4,,,,,,, g go,, g,y interest requires that the source tie (6) Uncontested conditions shau mageri Aasse m auu m a m ien2ytw '

allowed to commence operations. All include:

ymmeedlera penedequal to the penas use stay is in eneet for en affloont Irmrestion yor the conditions of any parest covered by (i) Preliminary design and engineenng esamsiin. if begs the Agneyarid ta=

l that order shall be funy effective and

. studies or other requirements necessary sensuper eyeesheta assam weement eaorceabi..

io.aisve me anai permii conmuon.

      • ar a====8 * *e = ~e (b) The Regional Administrator, at which do not estall substantial I*',' de F

e s

any time prior to the rendering of an expenditures:

g nitial decision m a formal hearing on a (ii) Perunit oooditions which will have

@ the u d nelaar wdl h a.

regieremones seenreing instanetton of the permit. may withdrew the permit and to be met ese of which party undertytes seemoisgr wul not tw sta yed prepare a new draft permit mader i 124.g prevails at evidentiary hearing:

dartes the nus. unione the hanne !

addressmg the portloes so withdrews.

(ill) When the discharger proposed a esteeds beyond Rael coephence dete m ;

He new draft pensit abaR less etnngent level of treatment than hepumu meleet weinae tw ananen e throu8h the same process puhuc comment and o apubuc that contained in the final peruut, any

    • ",,",d I,,'g ]

(A,Q ;

,g

,g heenng as woul apply to any othe' permit conditions appropnate to meet draft permit subject to this part. Any the levels proposed by the rHadasser. If as shn

,.a eks sisy for inet.Meuan u

regiersweses relauesa that technology portions of the permit which art not the measures rquimd to attain that less weed einsed der the dureten of the henne,

stringent level of treatment are t

)If ues f ao e

8 i is granted in whole or in p under Construction activities such as i wS tesaren a p-

,dausu, an,, mm. A,y,a,,y.

existing source. or if a petition g se,,ogano. of west. sim.ms or a

I Sebpans and installation of equipment, wh3ch would review of the denial of a reques a

partia!!y meet the final penmt neglects or fails to seek review under 7e"WsTedd"'fi*'e' 's

'Tv"e e'"uers"r'd fs",'t,:::

d 1224.F1 thesaby waives its opportunny L

'"*='-* * >-"

e alternative condicona.

I

f..

Fedmeal Register / Vol. 48. N2 64 / Pnday. Aptd 1.1983 / Ruhs and Regulatio 142 3 i 124.74 Regaeste for evneerinary W4 1 42 (a) Within 30 da followtag the (iv)If a PSD pennst ts' tavolved, a urvica of noem o the Badenen permittee who is eligible for an (d)If the Regional Admtrustruer grants an evidentiary heance resasi Administrator's final pegudt desimies endentiary hearms ander Subpart E on whole or in part, the Regional under i 124.11. any interested person his or her NPDES permit requests that may subtrut a request to Ibo Rapocal the formal haanns be conducted under Admirdstrstor shallidentify the per m AdamJattator under pareFEPk (b) og the procedures of Subpart F and the conditions which have been cont by the requester and for which the ifus secten for an evidentiary bearing to Regional Administrator finds that evidentiary haanns has been granted reconsider or contest that decision. If conschdauon is unhkly to delay Enal Penmt conditions which are not such a request is subms"ed by a person perrmt iguance beyond the PSD one.

other than the perrtuttee, the person year statutory deadline.

contested or for which the Regaan.i shau simultaneously serve a copy of the (c) nese requesta sham also contain.

Admmistrator has detued the hure g

" 9 '"' 08 b '*"**'

(1) De name, mailing addnsa, and request shall not be affected by, or P

(b)(1)la accordance with l 124.?S.

telephone number of the person makmg considered at. the endentiary hearmg such requesta shall state each legal or such request:

The Regional Admmattator shed factual queston alleged to be at tasus, (2) A cisar and concise factual specify these conditions tn witneg in and their relevance to the pernut statement of the nature and scope of the accordance with 6124 Sofc).

decision. together with a designation of interest of the requester:

(e) The Regional Adnunastrator must se spec:lic factual anaa to be (3)he names and addresses of all.

grant or deny all requests for an adjudicated and the hearing time persons whom the requester npresents:

evidentiary hearms on a parucular and permat. AD requests that are granted fo<

esumated to be necessary ice adjudication. !aform (4) A statement by the requester that, a particular permst shau be combined a request or other wn:4 tion supporting the upon monon of any party granted by the a sirqle endentiary haanng.

relied upon to support the request shall Pruiding Omcer or upon order of the (f) The Regional Admirustrator tupon ten documenta be suber.;tted as reqwre.1 by i 124J3 Presidmg Omcer suo sponte without notice to au persons who have already submatted beanns requuta) may ntens unless they an alnady part of the cost or expense to any other party. the he time allowed for submittmg hean requester shall make availabie to appear admimstraove record required b

/

requesta under this section for good I 124 1&

and tesufy, the followmg.

ca use.

(i) De requestert Nots.-rtus paragraph allure the (ii) All persons represented by the subtrussion of squests for evidentiary requestart and t eannes even though both legal and factus)

(un) Ad oScera. dancton, emphees.

  • wes may be voed. or only lessi issue, consultants. and agents of the requester 5c r sed la te l.tter.c.se. became ro

.3 factual tsnes were esised the llegional end the pmons represented by the i34J8 P requester.

Wi to submn eyesence Admstrator wo.Jd be r* quired to drny the and mee W beam a %es permat as (5) S;,ecific ruierences to the

"""8**

recuest Howeier. on review of the derast the Aderun,stratur is auth0hted by l t2Mrl(al(tl contested percut conditions, as well as to revia

  • robc) or 'essi conclusions of the t,uggested revLSed or altefnar1Ye pernut No endence shsil be submmed by Regiunal Admirustrator. EPA is equar ag sa

.onditions (including permit denialal arty party to a hegnng gpdge ;fug appe to the Adnunistrator even of putely which. in the judgment of the requester.

Sulipart that was not submmed to the would be reqwred to amplement the admuustrative record required by

$a Ntr:7ae purposee and policies of the CWA.

(124.18 as part of the preperston of an e

e as oppom.nity to review arry pernut belse it (6)la the case of Challenge 9 to the comment on a draft permat. utdess good d be Mnal and subsect to rudactaj review application of control or tnatment cause 14 shown for the fadure to sub p) Persor's requestths an evidentiar7 technolopes identded in the statement it. No tesues shall be raned by ar!y par' hearms on an NPD13 permit under this of besia or fact sheet, identification of that were not subnutted to the section may dao request an evidentiary the basta for the objection. and the admirustrative remed reqmrod by heartng on e RCRA or UIC permit. PSD elternative technologies or combination (124.13 as part of the preparanon of anc permsts may never be madatart of as of technologies which the requester comment on a draft pemut utdess good evidenoary bearing under Subpart L believes are necessary to meet the cause is shown for the fadure to subm This request is sub ect to sa the.

requirementa of the CWA.

thesn. Good cause includes the can (7)Idecttfication of the permit where the party seekang to reise the new t

reqwrements of paraarsph obligatione that are contested or are issues or introduce new taformanon af 416 beg)ustted secton and in addition orijy if:

inseversble from contested conditions shows that it could not reasonably have and should be stayed if the request is ascertained the isenes or made f be (t) Processtng of the RCMartE granted by reference to the particular information svadable whta me cme portrut at is-

  • ssconse& dated wt$t contesled rnnthtions warranting the required by 1124.15: or that it could not the processing si the NPDES permit as stey.

hewe reasonably anuczpated d'e (8) Hearing requuts also may ask that relevance of matertaltry of the provided in i 1244; (ii) he standards for granttag e a formal hearm~ a be held under the information sought to be n'%ced heanns on the NPDES permit are noot:

procedures set forth in subpart F. An Good cause eusts for the memouch (111) The resolution of the NPDR3 appijcant may make such a request even date available on operanon a#crited tf the 7A..does not constitute under $ 124 ea(s)(2).

permit issues la like to maks necessary

..y as defined in or apprepnate m acation of the RCRA or UIC permit: and i 124.111.

is s.

State of New Hampshire DEPARTMENT OF ENVIRONMENTAL SERVICES

^

s T~j%

6 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095

. [NHDES m3-27i.3503 m m3 27i 2867 TEA TDD Access: Relay NH 1-800-735-2964 September 30,1993 Mr. Edward K. McSweeney, Chief Wastewater Management Branch U.S. Environmental Protection Agency JFK Federal Building-WMN Boston, Massachusetts 02203

Subject:

Conditional Cenification of NPDES Permit Reissuance North Atlantic Energy Service Corporation, Seabrook NPDES / State Permit No. NH0020338

Dear Mr. McSweeney:

By letter dated August 23,1993, the U.S. Environmental Protection Agency (EPA)

- requested State Cenification of the NPDES Permit proposed to be reissued to North Atlantic Energy Service Corporation (NAESCO).

After appropriate staff review of the draft permit and the public comments, State Cenification is hereby granted pursuant to Section 401 of the Clean Water Act.-

The certification is conditional on the following change being made to our State Permit Condition:

1.

The last sentence in state permit condition I.F.2. should read "In the event this permit

^

is declared invalid, illegal or otherwise issued in violation of Federal law, this' permit, if adopted as a state permit, shall remain in full force and effect under State law as a permit issued by the State of New Hampshire.

Since a NAESCO letter to EPA dated September 13,1993 requests changes to the permit that relate to New Hampshire's statutes or our surface water quality regulations, the certification is also conditional on the following:

2.

The requested change in the total residual chlorine limit for outfall 002A from 0.0075 mg/l monthly average and 0.013 mg/l daily maximum to 0.05 mg/l for both the monthly average and the daily maximum should not be granted since these limits are necessary to insure that the marine criteria for chlorine are met in the discharge to the Brown's River. Note that it should be explained in footnote e. that until such time as an EPA approved method for chlorine with a lower detection level is~ developed, that the 0.05 mg/l detection level for the low-level amperometric titration method (method 4500-CL E in Standard Methods) will be the compliance point.

AIR RESOURCES DIV.

WASTE MANAGEMENT DIV.

WATER RESOURCES DIV.

WATER SUPPLY & PoLLUTloN CONTROL DIV.

64 No. Marn Street 6 Hazen Drrve 64 No, Main Street P.O. Box 95 Caller Box 2033 Concord. N.H. 03301.

P.O. Iku 2008 Concord N.H.03302-0095 Corsord N.H.03302-2033 TcL 603 271-2900 Concord. N.H. 03302-2008 Tel. 603-271-3503 Tel 603-27 H37Q Fan 603 271-2456 -

Tel. 603-2714406 Faz 603-271-2181 Fat 603-274-1381 Fan 603 271-1381

4*..

e J'

Mr. Edward K. McSweeney, Chief i

September 30,1993 Page 2 3.

In footnote e. on page 13 of 25, the requested change from chlorine method 4500-CL E to 4500 CL D for outfall 002A should not be granted since the method with the lowest detection limit is necessary to evaluate compliance with the chlorine criteria.

4.

For outfall 021 (page 15), since the 50 mg/l maximum day TSS limit is a State cenification requirement for sanitary wastewater treatment facilities, the requested higher limit of 100 mg/l should not be granted. Similarly, since New Hampshire RSA 485-A:8, VII (a) requires "For sewage, secondary treatment and disinfection as necessary to comply with water quality standards" and since secondary treatment means 30 mg/l BOD and TSS on a monthly average basis as per 40 CFR 133.102, the requested change in the monthly average TSS limit from 30 mg/l to 50 mg/l should also not be granted.

5.

The requested change in footnote b. on pH to add the words "within 0.5 standard units" which appears on pages 9 of 25 (outfall 001),13 of 25 (outfall 002A),15 of 25 (outfall 021) and 20 of 25 (outfall 003) should not be granted since there is no basis for this statement in either our statutes or our regulations.

Upon final issuance by the federal EPA, the Department of Environmental Services may adopt the permit, including all terms and conditions, as a state permit pursuant to RSA 485-A:13.

Sincerely, w

Edward J. Schm t, P.E., Ph.D.

/

Director EJS/jga55 Water Supply & Pollution Control Division cc: Ted Landry, EPA-Boston R. Jeb DeLoach, Executive Director, NAESCO Mr. Ted C. Feigenbaum, V.P., NAESCO Peter S. Helm, NH Coastal Program-OSP

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