ML20148A788

Informs Bd of Devs in Status of Fed & State Permits That May Be Req Prior to Granting Facil Permission to Discharge Liquid Effluents Into Verdigris River

ML20148A788
Person / Time
Site:	Black Fox
Issue date:	12/07/1978
From:	Murphy P ISHAM, LINCOLN & BEALE
To:	Johnson W, Salzman R, Sharfman J NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20148A792	List: ML20148A788 ML20148A822
References
NUDOCS 7812290255
Download: ML20148A788 (6)

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• 2 acci ISHAM, LINCOLN & BEALE COUNSELORS AT LAW ONC FIRST NAtlONAL PLAZA FORTY-SECON D FLOOR CHIC AGO,lLLINCIS b0603 TELEPHONC 312-766-7500 tCLEx:2-52se WASHINQtON OFFICE 10 50 17ta STR E ET, N. W. j December 7, 1978 .. , ,','Jf,"o'," o [o03.

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Richard S. Salzman, Esq. Dr. W. Reed Johnson Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board Panel j U.S. Nuclear Regulatory U.S. Nuclear Regulatory l Commission Commission I Washington, D.C. 20555 Washington, D.C. 20555 Jerome E. Sharfman, Esq. l Atomic Safety and Licensing Appeal Board Panel M IfD U.S. Nuclear Regulatory /

Commission 1 Washington, D.C. 20555 E db h e s4/r ^. :s Re: Black Fox Nuclear Generating Stati Y Units 1 and 2 9 //

Docket Nos. STN 50-556 and STN 50-5 E ei t so i l

Gentlemen: '

The appeal now pending before you in the above cause raises some questions with respect to the status of '

federal and sta e permits which may be required prior to the time that the .ck Fox Station would be permitted to dis-charge liquid fluents into the Verdigris River. The purpose of th' letter is to inform the Board of certain developments il that regard.

Pursuant to Section 402 of the Federal Water Pol-lution Control Act, Black Fox Station is required to have an NPDES permit. On July 14, 1978, EPA Region 6 issued Permit No. OK0034614 for the Black Fox Station (copy attached) . On September 16, 1978, EPA issued a public notice of adju- l dicatory hearing (copy attached) on this permit, and, con- I sequently, the effectiveness of the permit has been stayed.

Adjudicatory hearings on the NPDES permit have not been completed. An earlier EPA proposed permit was furnished to 1 the Licensing Board under cover letter from this office dated March 15, 1978.

On July 24, 1978, the Oklahoma Water Resources Board (" OWRB " ) issued a proposed permit for the disposal of industrial wastes for the Black Fox Station (copy attached). l 1812290 6

e Messrs. Salzman, Johnson, and Sharfman Page Two December 7, 1978 Public hearings were scheduled and have been completed on this permit. However, as of this time, no decision has been reached, and OWRB has not issued a final permit.

This information is provided pursuant to the deci- -

sion in Duke Power Co. (William B. McGuire Nuclear Station, Units'l and 2), ALAB-143, 6 AEC 623 (1973).

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Paul M. Murphy One of the Attorneys for Applicants PMM/ sag Enclosures cc w/ enc.: Black Fox Service List

Enclosures:

1. NPDES Permit No. OK0034614

2. Public notice of adjudicatory hearing (EPA)

3. Oklahoma Waste Disposal Permit and cover letter 1

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Urnted States Req cn 6 Ar sas, Lowsiana, Enott,runentat Per ion 120) Etrn Straet O mu, Texas.

A tf.ncy Dallas i'X 75270 N . Acxico ,

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. HPDES DETERMINATION After considering the facts and the requirements and policies expressed in PL 95-217 and implementing regulations, I have determined that pro-posed Permit No. 0X0034614, Public Service Company of Oklahoma shall be i

modified and issued as indicated in a Public Notice of modification, subject to timely certification (or waiver thereof) by the state cer-tifying agency, provided however, that any condition (s) contested in a request for an Adjudicatory Hearing submitted within 10 days from re-ceipt of this determination shall be stayed if the request for a Hear-ing is granted.

Dated: J"1# 14' 197S

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Enforcement [ivision (6AE) m C s e

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.O U'. S. ENVIRONMENTAL PROTECTION AGENCY PUBLIC NOTICE 1 JULY 15,1978 7

The purpose of this notice is to indicate substantial changes to the proposed pennit(s) identified on the attached list, under the authority of the Clean Water Act of 1977, Public Law 95-217.

It is the Agency's determination to issue the modified pennit(s) unless the state certifying agency denies certification prior to the effective date of the pennit. l Any person may submit a request for an adjudicatory hearing within l 10 days from receipt of the Agency's detennination to reconsider l the pennit(s). The contested provisions of the proposed permit (s) l shall be stayed pending final action of the Agency pursuant to '

40 CFR 125.36. ,

Requirements which must be satisfied prior to the granting of a l request for an adjudicatory hearing or for recuest to be party at i an adjudicatory hearing may be obtained from 40 CFR 125.36(b), or l from available fact sheets. Further infonnation may be obtained l by writing: l Ms. Carol Young Environmental Protection Agency l

. Pennits Branch (6AEPAP) Region VI I First Int'l Bldg.,1201 Elm Street Dallas, Texas 75270 or by telephone (214) 767-2765, between 8:00 a.m. and 4:30 p.m.

Monday through Friday.

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-1. Permit No. OK0034614 for NPDES authorization to discharge to waters of the United States, -Public Notice of which was issued on October 29, 1977.

1. The applicant is: Public Service Ccmpany of Oklahoma P. O. Box 201 f Tulsa, Oklahoma 74102

2. The discharge is made into the Verdigris River, a water of the United States which is classified for public and private water supplies; fish and wildlife propagation; agriculture; hydroelectric power; industrial and municipal cooling water; receiving, transporting and/or assimilation of adequately treated waste; recreation, secondary body contact; navigation; and aesthetics, and is located on that water near Inola, Rogers County,. Oklahoma. A fact sheet is not available. The applicant's activity, under the standard industrial classification (SIC) cooe 4911 which results in the anticipated discharge is the generation by steam processes of electrical power for distribution and sale.

l The substantial changes to the proposed pennit are as follcws:  !

1. Additional parameters are limited in Part III, Paragraph J, in accordance with recent parameter additions to Oklahoma's l Water Quality Standards establishing the source quality of raw l public and private water supplies. Monitoring of water '

quality parameters is required on a once per day basis when stream flow is below 1,000 cfs. Implementation of continuous monitoring of stream flow is required. Composite sampling is required for water quality parameters.

2. Minor changes in the permit organization and additional per- l mit language have been incorporated for clarification. '

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3. Intake structure design is approved pursuant to Section 316(b) of P.L.95-217.

4. A statement is added confirming the applicability of effluent limitations, waste load allocations or total maximum daily loads which may subsequently be promulgated by the State of Oklahoma related to water quality standaros.

5. A statement is added calling for permit review for applicable

. revision if subsequent cooling tower design incorporates the use

, of asbestos materials.

It is cleaily stated that this facility is require ^d to meet 6.

all applicable promulgated new source standards. These!are defined by the' limitations of Part I, Section A, and Part III, Paragraph I.

Composite sampling is required for total suspended soli'ds.

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7. It is clearly stated that this facility cannot add pollutants in excesss of Oklahoma's Water Quality Standards under any river flow conditions.  ;

8. The term " daily average temperature" is further defined as

flow weighted average temperature to be met on a daily 24-hour basis. .

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