ML20237B678
| ML20237B678 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/07/1987 |
| From: | Feigenbaum T, Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-5070 OL-1, NUDOCS 8712170054 | |
| Download: ML20237B678 (85) | |
Text
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00LKETED U5NRC
)
1 Dated:
December 7, 1987 i
TR EC 10 A1122 UNITED STATES OF AMERICA 0FflCE U H.LKits f 00CKElmn & SEPVICf.
NUCLEAR REGULATORY COMMISSION 1
before the ATOMIC SAFETY AND LICENSING BOARD l
l l
)
In the Matter of
)
)
i PUBLIC SERVICE COMPANY
)
Docket Nos. 50-443-OL-1 OF NEW HAMPSHIRE, et al.
)
50-444-OL-1
)
(Seabrook Station, Units 1
)
(Onsite Emergency Planning f
and 2)
)
and Safety Issues)
)
APPLICANTS' RESPONSES TO NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO APPLICANTS ON NECNP CONTENTIONS I.V. AND IV.
Pursuant to 10 CFR 2.740(b), Applicants herein respond I
l to "New England Coalition on Nuclear Pollution's First Set of Interrogatories and Request for the Production of Documents to Applicants on NECNP Contentions I.V.
and IV."
l l
GENERAL OBJECTION Applicants object to the proposed definition of "biofouling" in Paragraph 7 of the instructions.
The term "biofouling" as used in these responses means extensive settlement of fouling organisms, resulting in significant percentages of the surfaces being covered and thus measurably e712170004 871207 PDR ADOCK 05000443 G
PDR 0503
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affecting flow or heat exchanger efficiency.
" Settlement" means colonization on plant surfaces by fouling organisms, primarily mussels and barnacles.
l INTERROGATORY NO. 1 Please identify all persons who participated in the preparation of answers to these interrogatories, and identify the portions of your response to which each person contributed.
RESPONSE
See Attachment No.
1-1.
INTERROGATORY NO. 2 Please identify and produce all documents on which you rely or intend to rely during this proceeding to support your position on NECNP contention I.V (steam generator tube inspection).
This includes but is not limited to all documents used in answers to these interrogatories, summary disposition motions, testimony, and cross-examination of witnesses during hearings.
RESPONSE
See Attachment No. 2-1 for those documents Applicants currently intend to rely upon to support their position regarding NECNP Contention I.V.
Those documents which have not already been served on the parties prior to issuance of NECNP's interrogatories or specifically included with interrogatory responses will be made available for inspection and copying at Seabrook Station.
Please contact Mr. William J.
Daley at (603) 474-9521, Extension 2057 to arrange for document inspection.
INTERROGATORY NO. 3 Please identify all persons on whose factual knowledge, opinions, or technical expertise you rely or intend to rely.
7 for your position on Contention I.V.
RESPONSE
See Attachment 3-1.
INTERROGATORY NO. 4 Please identify all persons you may call as witnesses on Contention I.V.
Please describe the substance of their testimony; and identify and describe any documents and the portions thereof that they may rely on for their testimony.
FESPONSX:
Witnesses have not yet been selected.
Ap-plicants' position regarding NECNP Contention I.V.
is that the existing programs for tube inspections and loose parts monitoring control at Seabrook Station are adequate to reduce the probability and consequences of tube failures.
See response to Interrogatory No. 2 for documents that may be relied upon in preparation of testimony.
INTERROGATORY NO. 5 Please describe Applicants' program for inservice inspection of steam generator tubes.
RESPONSE
The program for inservice inspection of steam generator tubes consists of eddy current examination at the frequency and to the extent required by Technical Specifications.
These examinations will be conducted during regularly scheduled refueling outages, at which time at least one steam generator will be examined.
All four steam generators will be examined within a period equal to four fuel cycles (approximately 72 months).
Steam generator tubing will also be subject to hydrostatic test pressures during the periodic reactor
-3
coolant and main steam systems inservice leak tests and hydrostatic tests in accordance with ASME B&PV Code,Section XI.
INTERROGATORY NO. 6 Please identify and provide the most current version of the FSAR which describes Applicants' program for inservice inspection of steam generator tubes.
RESPONSE
Inservice inspection of steam generator tubes is discussed in FSAR Section 5.4.2.5.C, Steam Generator Tubing Inspection.
The FSAR references Technical Specification 3/4.4.6, Steam Generators (Note:
Fection 3/4.4.6 has been changed to 3/4.4.5).
These documents.are provided as Attachment 6-1.
INTERROGATORY NO. 7 Does NUREG-1207, dated October 1986, contain the most current description of Applicants' Technical Specifications for steam generator tubo inspections?
If not, please provide any updated information.
RESPONSE
Yes.
INTERROGATORY NO. 8 What is the type and manufacturer of equipment that is to be used for inservice inspection of steam generator tubes?
RESPONSE
At the present time, Applicants intend to utilize an eddy current vendor for these inspections.
The l
specific manufacturer's equipment will most likely be the type normally used by that vendor.
However, the equipment to be used for inservice inspection of steam generator tubes will be of a type equivalent to or better than that used for -
preservice inspection.
Equivalency is based upon the ability of the equipment to detect indications in the steam generator tubing, and the type and amount of data generated.
The following equipment was used for preservice examination:
Zetec MIZ-18 eddy current instrument Zetec HCD752 data recorder Zetec DDA-4 software HP 2671G printer HP 9836 computer.
INTERROGATORY NO. 9 The following questions are asked with respect to the guidance of Regulatory Guide 1.83, Rev. 1:
a)
Will Applicants' inservice inspection program i
include nondestructive examination by eddy current testing?
If so, please describe the methodology and equipment to be used for eddy current testing.
If not, what other techniques and equipment are to be used?
b)
What is the sensitivity of the inspection equipment that will be used by Applicants?
How was the sensitivity determined?
c)
Which of the elements listed in Regulatory Position 2.c.
(Reg. Guide 1.83 at 1.83-3, S C.2.C) are included in the eddy current inspection system?
l What other, if any, elements are included in Applicants' eddy current inspection system?
d)
Describe Applicants' methodology for establishing sensitivity of and calibrating testing equipment.
How does this comport with the guidance given in Reg. Guide 1.83, 9 C.2.e?
e)
Is the testing equipment capable of examining the entire length of the steam generator tubes?
Will l
Applicants test the entire length of each steam l l l
1 l
generator tube that is tested?
f)
Is the eddy current testing equipment designed so that operators may be shielded from radiation?
Can the equipment be operated remotely?
At what distance?
g)
Please describe the procedures for qualifying personnel who are assigned to take data and interpret the eddy current inspection results.
h)
Please describe Applicants' program for preservice inspection of steam generator tubes.
Are all tubes to be tested?
Does the program consist entirely of eddy current testing?
Please describe any other methods used.
RESPONSE
a)
Eddy current testing will be used for inservice inspection of steam generator tubing.
The methodology and equipment to be used will be similar to that used for preservice inspection.
See also response to Interrogatory No.
8.
b)
The inspection equipment to be used for inservice inspection will have a sensitivity sufficient to detect an indication equivalent to a 20% through-wall penetration.
This sensitivity specification was determined from the equipment requirements of j
Reg. Guide 1.83 and the indication acceptance / rejection criteria of the Westinghouse i
Standard Technical Specifications and ASME B&PV Code Section XI, Subsection IWB.
c)
All elements of Reg. Guide 1.83, Regulatory Position C.2.c are included in the eddy current inspection system.
The equipment to be used will, however, reflect technological advances since Reg.
Guide 1.83 was issued.
Specifically, multi-channel recorders and testers will be used in lieu of 2-channel recorders and testers.
The equipment used for preservice inspection has 16-channel capabilities and can be operated at four frequencies simultaneously.
d)
Sensitivity will be verified by actual operation of the eddy current equipment and instrumentation using remanufactured calibration standards.
These standards are sections of tubing similar to the tubing in the steam generators except that.they contain manufactured defects representative of 20%,
60%, 80% and 100% through-wall.
Eddy current J
equipment in use must be able to accurately detect these defects.
Sensitivity verification, in the form of this calibration check, will be performed at least once every four hours during the inspection process.
This verification, made-against similar as-manufactured steam generator tubing with known imperfections, is consistent with guidance provided in Regulatory Position C.2.e.
'i e)
The testing equipment is capable of examining the entire length of the steam generator tubes.
Applicants intend to inspect the entire-length of each tube that is tested.
Inspection of certain l
I
^
l inner row tubes may require entry from both the hot and cold leg sides of the steam generator.
If I
necessary, entry into the cold leg side may be rescheduled to the next subsequent inspection of i
that steam generator to minimize radiation exposure j
to personnel consistent with ALARA objectives.
f)
The eddy current testing equipment is designed such j
that the operators may be shielded from radiation.
The equipment can be operated remotely from distances of up to 1,000 feet.
1 g)
Personnel assigned to take data and interpret results are to be qualified for eddy current l
1 testing in accordance with SNT-TC-1A, Level II or higher, specifically for the evaluation of data from nonferromagnetic tubing.
Qualification of assigned personnel is based on written procedures provided by the chosen vendor and reviewed and approved by Applicants.
h)
The preservice inspection program for steam generator tubing included eddy current inspection of 100% of the tubes in all four steam generators.
All indications were recorded and those greater-I than or equal to 20% through-wall were quantified
)
as to actual percentage of-wall penetration.
Steam i
generator tubing was also subjected to hydrostatic test pressures during the preservice reactor l
i coolant and main steam system leak test performed i
in accordance with ASME B&PV Code,Section III.
INTERROGATORY NO. 10 Please identify and produce all documents on which you rely or intend to rely during this placeeding to support your position on NECNP Contention IV (biof">uling of coolant systems).
This includes but is not imited to all documents used in answers to these interrogatories, summary disposition motions, testimony, and cross-examination of witnesses during hearings.
RESPONSE
See Attachment 10-1 for those documents i
Applicants currently intend to rely upon to support their position regarding NECNP Contention IV.
Those documents which have not already been served on the parties prior to l
issuance of NECNP's interrogatories or specifically included with interrogatory responses will be made available for inspection and copying at Seabrook Station.
Please contact Mr. William J.
Daley at (603) 474-9521, Extension 2057 to arrange for document inspection.
INTERROGATORY NO. 11 Please identify all persons on whose factual knowledge, opinions, or technical expertise you rely or intend to rely for your position on Contention IV.
RESPONSE
Persons on whose factual knowledge, opinions or technical expertise the Applicants rely or presently intend to rely for their position on NECNP Contention IV I
(biofouling of cooling systems) are listed in Attachment 11-
- 1. _ _ - _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ -
l INTERROGATORY NO. 12 Please identify all persons you may call as witnesses on Contention IV.
Please describe the substance of their testimony; and identify and describe any documents and the portions thereof that they may rely on for their testimony.
RESPONSE
Witnesses have not yet been selected.
Applicants' position regarding NECNP Contention IV is that the design and operation of Seabrook Station cooling systems potentially susceptible to fouling by aquatic organisms will prevent the accumulation of mollusks, other aquatic organisms and debris in these cooling systems.
See response to Interrogatory No. 10 for documents that may be relied upon in preparation of testimony.
INTERROGATORY NO. 13 Please provide a copy of any and all permits from the Environmental Protection Agency or any other federal or state agency which specify conditions under which treatment of biofouling can take place.
RESPONSE
Provided as Attachment 13-1 is the National I
Pollutant Discharge Elimination System (NPDES) Permit for Seabrook Station, NPDES Permit No. NH0020338 dated July 26, 1985.
INTERROGATORY NO. 14 Please identify all Seabrook cooling systems served by or receiving water from the ocean cooling tunnels.
RESPONSE
There are two cooling systems receiving water from the ocean cooling tunnels, the Service Water System and,
1 the Circulating Water System.
The Service Water System is described and discussed in the FSAR, Section 9.2.1, Service Water System, and 9.2.5, Ultimate Heat Sink.
The Circulating j
Water System is described in the FSAR, Sections 10.4.1, Main Condenser, and 10.4.5, Circulating Water System.
INTERROGATORY NO. 15 l
Please describe the metallurgical composition and flow velocity for each cooling system served by the ocean cooling tunnels.
RESPONSE
The pertinent design features of the Service Water System are 1) cement-lined steel pipe, with some I
special erosion resistant materials in special locations, as described in FSAR Section 9.2.1, Service Water System, and 2) heat exchanger tubes as follows:
PCCW 90-10 Cu-Ni (ref. UE&C Specification Sheet 258-1-1), SCCW 90-10 Cu-Ni (ref. Spec.
Sheet for SCCW Heat Exchanger, Revised 12/16/76), and Diesel Generator Heat Exchanger 90-10 Cu-Ni (ref. Colt.Dwg. 11908206 R4).
The pertinent design featuros of the circulating Water System are cement-lined tunnels.from the ocean to the transition structures, as described in the FSAR Section i
10.4.5, cement-lined pipes to the condenser waterboxes and I
the titanium condenser tubes as described in the FSAR Section 10.4.1.
j The Service Water System provides a nominal 10,500 gpm per train, which would be a velocity of-about 8.67 ft/sec.
for a 24-inch cement-lined pipe. _
]
i The design tube velocity in the PCCW heat exchanger is 6.8 ft/sec [ref. Spec. Sheet 258-1).
The design tube velocity in the SCCW heat exchangers is 3.7 ft/sec [ref. Spec. Sheet for SCCW Heat Exchanger, Revised 12/16/76].
The design tube velocity in the Diesel Generator heat exchangers is 5.4 ft/sec [ref. Colt Dwg. 11908206, Rev.
4.
The velocity in the tunnel from the ocean, with only Unit 1 in operation would be about 3.23 ft/sec, based on data given in the FSAR Section 10.4.5.
The velocity in main condenser tubes is 7 ft/sec [FSAR 1
Section 10.4.1.2].
INTERROGATORY NO. 16 Please identify all Seabrook cooling systems served by or receiving water from sources other than the ocean cooling tunnels, and describe the source for each cooling system.
RESPONSE
The Cooling Tower System provides cooled fresh water to the service water piping.
This system is described in the FSAR Section 9.2.5.
See also the answer to Interrogatory No. 14.
INTERROGATORY NO. 17 For each of the cooling systems described in answer to the above interrogatory, please describe the metallurgical i
composition and flow velocity, i
RESPONSE
The pertinent design features of the Cooling Tower ?ystem are 1) cement-lined steel pipe, with some special erosion resistant materials in special locations, and 1
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- 2) Plasite pipe in the cooling tower spray riser.
Both are l
described in the FSAR Section 9.2.1, Service Water System and 9.2.5, Ultimate Heat Sink.
It should be noted that the Cooling Tower System spray riser, spray header and spray nozzles are empty except when in use.
The velocity in the main (24) pipe is about 10.73 ft/sec.
l INTERROGATORY NO. 18 Please describe all occasions on which evidence of biofouling of Seabrook cooling systems has been discovered.
For each instance, what was the composition and thickness of the sedimentation?
Was evidence of corrosion of the underlying cooling system found?
If so, please describe the nature and extent of the corrosion.
RESPONSE
a.
Biofouling of Seabrook cooling systems has not been discovered.
The following observations of settlement and attachment of individual aquatic shelled organisms have been made:
1.
Intake Transition Structure; 07/06/87 Moderate settlement of barnacles observed within the intertidal zone.
Specimens in 1/4 - 1/2 inch range.
See also Item No. 38, Attachment 10-1.
2.
Condenser Waterboxes; 08/11/87 Very light settlement of barnacles.
Average distance between specimens approximately 12 inches.
See Item No. 36, Attachment 10-1.
3.
CW Pumphouse; 09/11/87 Less than 5% of surfaces revealed a barnacle )
I settlement.
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All occasions transient settlement was seen.
b.
No corrosion was observed.
INTERROGATORY NO. 19 For each incidence of biofouling described in answer to Interrogatory 18, how and when was it treated?
RESPONSE
Not applicable, as no biofouling has been seen.
Treatment of transient settlement was limited to the continuation of chlorination.
This was observed to limit-growth severely and ultimately produced mortality or removal.
No treatment in. addition to chlorination was required then nor is anticipated at this time.
In the case of the barnacles in the CW pumphouse, 90%
were empty shells and the remainder were dead.
Therefore, no further treatment was needed.
No settlement in safety-related systems was seen other than on biopanels in the SW pumphouse (i.e., SW pump forebays).
INTERROGATORY NO. 20 Please identify and provide access to all studies, evaluations, reports, or other documents which describe and/or evaluate actual or potential biofouling conditions at Seabrook.
This request includes but is not limited to inspection reports by Applicants or the NRC, and responses to inspection reports.
This request includes but is rt7t limited to all reports prepared by Daniel Pope.
RESPONSE
See response to Interrogatory F,0._10.
No 14
reports of Dr. Pope involved biofouling of Seabrook Station Cooling Systems.
INTERROGATORY NO. 21 Please identify and provide access to all studies, I
evaluations, reports, or other documents which evaluate methods for monitoring and/or treating biofouling of cooling systems, including but not limited to eddy current testing, ultrasound, screening, thermal flushing, chlorination, and backflushing.
This request includes but is not limited to all reports prepared by Daniel Pope.
RESPONSE
See Response to Interrogatory No. 10 and Items 17 - 20 listed in Attachment 10-1.
See also response to Interrogatory Nos. 20, 22, and 24.
INTERROGATORY NO. 22 For each cooling system at the Seabrook plant, please describe Applicants' program for monitoring biofouling.
RESPONSE
a.
The following is used by the Applicants to monitor l
l the Circulating Water System:
l 1.
Concrete and plexiglass biopanels in frame sliding in tracks in Intake Transition ~
Structure.
Concrete panels are for archive purposes.
Plexiglass panels are examined j
l weekly in season, less frequently in winter.
l Panels are examined by microscope for settlement.
Growth measurements have not been possible since settlements have been transient.
2.
Plexiglass panels suspended from cords in the
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CW pumphouse, two in front of the traveling screens, one on the east side of the flume,
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below the access hatch.
The panels are examined by microscope for settlement, weekly in season, less frequently in winter, or when observed settlement drops to immeasurable levels.
Growth measurements have not been I
appropriate so far.
3.
Inspection of the wetted surfaces of CW system components as they become available in the course of maintenance.
4.
Underwater inspections of intake riser. shafts and intake transition structure.
b.
The following is used to monitor the Service Water System:
1.
Plexiglass panels suspended from cords in the SW pumphouse, two in : front of the traveling screens, one on the east side of the flume, below the access hatch, and a fourth on a long line to monitor fouling in the lower levels of the pumphouse.
The panels are examined by microscope for settlement, weekly in season, less frequently in winter.
Growth measurements have been appropriate for only one panel following a barnacle set.
Shell length was measured at approximately monthly i
intervals until all the specimens had died.
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2.
Inspection of the wetted surfaces of SW system components as they become available in the course of maintenance.
INTERROGATORY NO. 23 When was the program commenced?
Please provide all documentation describing the monitoring program and its results.
RESPONSE
Applicants assume "the program" in this interrogatory refers to the program for monitoring biofouling identified in the previous interrogatory.
The program was cor.menced in August 1985.
An outline of the basic program is i
contained in the Chlorine Management Program. CP4.2 in the Chemistry M2nual.
Inspection of biopanels is covered by
" Mussel Growth and Settlement Determination", CDO923.14.
Inspection of tunnels, pumphouses and transition structures is covered in ENO801.01, " Cooling Water Tunnel Surveillance".
Inspection of other components is on an as-available basis.
Guidelines for such inspections are given in " Heat 4
Exchanger Inspection", CNO944.01.
l 1
For documentation describing results see Item Nos. 21 -
32 listed in Attachment 10-1.
INTERROGATORY NO. 24 For each cooling system at the Seabrook plant, please describe Applicants' program for treating biofouling.
1
RESPONSE
Applicants' current program for prevention of biofouling includes chlorination and heat treatment.
The results of the monitoring program to date have shown no intractable problems, and it is expected that chlorine will continue to be an effective biostat and biocide.
Should this not be appropriate, there are a number of options including mechanical cleaning, injection of higher chlorine levels in the service water (open or closed loops) but within NPDES permit limits, and/or heat treatment of the transition (intake) structure and intake tunnel.
INTERROGATORY NO. 25 When was the program commenced?
Please provide all documentation describing the treatment program and its results.
RESPONSE
The program for biofouling prevention commenced in August 1985 following issuance of the operational NPDES permit.
Inspection reports identified in response to Interrogatory No. 20 identify the documentation describing the results.
INTERROGATORY NO. 26 Has Unit 1 undergone thermal backflushing?
If so, when?
What systems were flushed?
What were the results of the backflushing?
RESPONSE
Unit No. 1 has not undergone thermal backflushing.
Thermal backflushing requires plant to be operating at power. t
As to Answers:
'Ted C.
Feig baum, Vice President New Hampshi. e Yankee Division of Public Service Company of New Hampshire December 7, 1987 State of New Hampshire Rockingham County, ss.
Then appeared before me the above subscribed Ted C. Feigenbaum and made oath that he is the Vice President of New Hampshire Yankee Division, authorized to execute the foregoing responses to interrogatories on behalf of the Applicants, that he made inquiry and believes that the foregoing answers accurately set forth such information as is available to the Applicants.
Before me, a
u My Commi[ssion Expires OctoberDo'ris J. fattersonl 29, 1991 As to objections:
/
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4.
r TnoysG'. Dignan, Jr.
Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 Counsel for Applicants l
ATTACHMENT 1-1 STEAM GENERATOR TUBE INSPECTIONS (Interrogatories 2 through 9)
Gregory A.
Kann Program Support Manager, Seabrook Station New Hampshire Yankee Seabrook Station P.O.
Box 300 Lafayette Road Seabrook, NH 03974 Warren J.
Hall (Interrogatory 7 only)
Regulatory Services Manager, Seabrook Station New Hampshire Yankee Seabrook Station P.O.
Box 300 Lafayette Road Seabrook, NH 03974 John J.
Lance l
Mechanical Services Group Manager Yankee Atomic Electric Company Yankee Atomic Electric Company l
1671 Worcester Road l
Framingham, MA 01701 Charles Garrow Mechanical Engineer Yankee Atomic Electric Company Yankee Atomic Electric Company 1671 Worcester Road l
Framingham, MA 01701 1
ATTACHMENT 1-1 (Continued)
BIOFOULING (Interrogatories 10 through 26)
Kenneth W.
Dow Environmental Scientist Yankee Atomic Electric Company Yankee Atomic Electric Company 1671 Worcester Road Framingham, MA 01701 Howard C.
Shaffer (Interrogatories 14 through 17 only)
Principal Engineer Yankee Atomic Electric Company j
i Yankee Atomic Electric Company 1671 Worcester Road
)
Framingham, MA 01701 i
1 1
Winthrop B.
Leland Chemistry & Health Physics Manager, Seabrook Station New Hampshire Yankee I
Seabrook Station P.O.
Box 300 i
Lafayette Road Seabrook, NH 03974 Dr. Gerald M.
Kwasnik (Interrogatory No. 13 only)
Principal Health Physicist, Seabrook Station New Hampshire Yankee Seabrook Station P.O.
Box 300 Lafayette Road Seabrook, NH 03974 Dr. Robert Litman Chemistry Supervisor, Seabrook Station New Hampshire Yankee Seabrook Station P.O.
Box 300 Lafayette Road Seabrook, NH 03974 l
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ATTACHMENT 2-1
)
l 1
1.
Seabtook Station Final Safety Analysis Report; Public Service Company of New Hampshire; as amended.
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l 2.
Public Service Company of New Hampshire, et al, Docket No. 50-443, Seabrook Station, Unit No. 1, Facility Operating License, License No. NPF-56, Appendix A - Technical Specifications (NUREG-1207).
3.
U.S. Nuclear Regulatory Commission, Regulatory Guide 1.83, In-service Inspection of Pressurized Water Reactor Steam Generator Tubes.
4.
USNRC Generic Letter 85-02, dated April 17, 1985, " Staff Recom-l mended Actions Stemming From NRC Integrated Program for the Resolution of USI Regarding Steam Generator Tube Integrity".
5.
PSNH Letter, dated June L3,1985, "Res ponse t o Gene ric Lette r 85-02".
6.
New Hampshire Yankee Letter, dated April 14, 1987, " Inservice Inspection program".
7.
Code of Federal Regulations, 10CFR50.55a, Codes and Standards.
8.
NUREG-0844, "NRC Integrated program for the Resolution of Unre-solved Safety Issues A-3, A-4, and A-5 Regarding Steam Generator 4
Tube Integri ty".
9.
NUREG-0916, "SER Related to the Restart of R. E. Ginna Nuclear Power Plant", May 1982.
10.
NUREG/CR-0718, SG Tube Integrity Program, Phase I Report",
l September 1979.
11.
NUREG/CR-1282, " Statistical Analysis of SG Inspection Plans and Eddy Current Testing", Sandia National Lab, August 1980.
)
l ATTACHMENT 3-1 Gregory A. Kann Program Manager, Seabrook Station
)
New Hampshire Yankee q
Seabrook Station l
l P. O. Box 300 l
Lafayette Road Seabrook, NH 03874 Warren J. Hall Regulatory Services Manager, Seabrook Station New Hampshire Yankee l
l Seabrook Station P. O. Box 300 Lafayette Road Seabrook, NH 03874 John J. Lance l
Mechanical Services. Group Manager Yankee Atomic Electric Company j
1 Yankee Atomic Elect ric Company f
1671 Worcester Road Frami ngh am, MA 01701 l
Charles Garrow Mechanical Engineer Yankee Atomic Electric Company Yankee Atomic Elect ric Company 1671 Worcester Road Frami ngham, MA 01701 Westinghouse Electric Corporation (manuf acturer of steam generators and NSSS)
Westinghouse Electric Corporation Nuclear Technology Systems Division P. O. Box 355 i
Pittsburgh, PA 15230
e O
ATTACHMENT 6-1 1
SB 1 & 2 Amendment 55 FSAR July 1985 monitor water chemistry. The location of the blowdown piping suction, adjacent to the tube sheet and in a region of relatively l
low flow velocity, facilitates the removal of particulate impur-i ities to minimize the accumulation on the tube sheet.
5.4.2.5 Steam Generator Inservice Inspection Design Provisions for Inspection a.
l The Seabrook Station steam generators have been designed to facil-itate the inspection and repair of all Code Class 1 and Class 2 components, including the individual steam generator tubes.
1.
Access to the vessel welds is provided by means of reusable fiberglass blanket with stainless steel jacket insulation panels which can be quickly and easily removed to expose the welds and the adjacent areas.
gg 2.
Access for inspection of the steam generator internals is provided by means of four manways:
two providing access to the two chambers of the reactor coolant channel-head and two providing access to the steam drum moisture separators.
Six-inch hand holes have been provided, three just above the tube sheet and three just above the distribution baffle.
Access to the U-bends is provided through each of the three deck plates, b.
Inspection Plans l
l In general, the inservice inspection program for the steam gen-i erators will be conducted in accordance with the ASME Boiler and i
Pressure Vessel Code,Section XI, Subarticles IWB-2500, IWC-2500 and Regulatory Guide 1.83, Rev. 1.
Prior to startup, a baseline inspection will be performed on all Class 1 and 2 components. Permanent records of baseline and inservice inspections will be maintained. Detailed plans for baseline and inservice inspection of all Code Class 1 and 2 components of the steam generators, including criteria for tube plugging, are presented in Technical Specification 3/4.4.6, Steam Generators.
Volumetric, surface and visual examinations of the following components will be performed:
1.
Circumferential and meridional head welds (primary side),
circumferential and longitudinal shell welds, tubesheet-to-head and tube-sheet-to-shell welds, nozzle to vessel welds (primary side), nozzle inside radius sections (primary side),
5.4-18
i 1
SB 1 & 2 Amendmant 56 I
FSAR November 1985 j
i steam generator tubing, class 1 bolts and stude over 2" diameter, in place, and class 2 bolts and studs over 2" diameter will be examined by volumetric methods.
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i 2.
Nozzle-to-safe-end welds, class 1 bolts and studs over 2" diameter
]
when removed, and nozzle-to-vessel welds on the secondary side j
over h" nominal vessel wall thickness will be examined by volumetric and surfsce methods.
3.
Secondary side nozzle-to-vessel welds less than b" nominal vessel wall thickness will be examined using surface methods.
l 4.
Surf aces of pressure-retaining bolting, and non pressure-retaining bolts and studs 2" diameter and smaller will be visually examined using VT-1 methods.
5.
Pressure retaining components will be visually examined during leak tests or hydrotest using VT-2 methods.
6.
Component supports will be examined using VT-3 methods or J
VT-4 methods for mechanical or hydraulic supports.
i c.
Steam Generator Tubing Inspection
{
Steam generator tubing inservice inspection will be performed in accordance with the requirements of Regulatory Guide 1.83, Rev. 1.
The details of the inservice inspection program, such as a descrip-tion of the equipment, procedures, sensitivity of the examination
]
and recording methods, criteria used to select tubes for examination, j
inspection intervals and actions to be taken if defects are found j
(including criteria for plugging defective tubes), are presented in Technical Specification 3/4.4.6, Steam Generators.
The tubing examination equipment and procedures will be capable of detecting and locating defects with a penetration of 20% or more of wall thickness. The recommendations of Regulatory Guide 1.21,
" Bases for Plugging Degraded PWR Steam Generator Tubes" will be followed for the resolution of problems regarding (egraded tubes.
'5.4.2.6 Quality Assurance The steam generator quality assurance program is given in Table 5.4-4.
Radiographic inspection and acceptance standard will be in_accordance with the requirements of Section III of the ASME Code.
Liquid penetrant inspection is performed on weld deposited tube sheet clad-ding, channel head cladding, divider plate to tube sheet and to channel head weldments, tube-to-tube sheet weldments, and weld deposit cladding.
Liquid penetrant inspection and acceptance standards are in accordance with the requirements of Section III of the ASME Code.
5.4-19
)
3/4.4.5 STEAM GENERATORS i
LIMITING CONDITION FOR OPERATION 3.4.5 Each steam generator shall be OPERABLE.
APPLICABILITY: MODES 1, 2, 3, and 4.
ACTION:
With one or more steam generators inoperable, restore the inoperable generator (s) to OPERABLE status prior to increasing T,yg above 200*F.
SURVEILLANCE REQUIREMENTS 4.4.5.0 Each steam generator shall be demonstrated OPERABLE by performance of the following augmented inservice inspection program and the requirements of Specification 4.0.5.
4.4.5.1 Steam Gtnerator Sample Selection and Inspection - Each steam generator shall be determined OPERABLE during shutdown by selecting and inspecting at least the minimum number of steam generators specified in Table 4.4-1.
4.4.5.2 Steam Generator Tube Sample Selection and Inspection - The steam generator tube minimum sample size, inspection result classification, and the corresponding action required shall be as specified in Table 4.4-2.
The inservice inspection of steam generator tubes shall be performed at the fre-quencies specified in Specification 4.4.5.3 and the inspected tubes shall be verified acceptable per the acceptance criteria of Specification 4.4.5.4.
The tubes selected for each inservice inspection shall include at least 3% of the total number of' tubes in all steam generators; the tubes selected for these inspections shall be selected on a random basis except:
a.
Where experience in similar plants with similar water chemistry indicates critical areas to be inspected, then at least 50% of the tubes inspected shall be from these critical areas; b.
The first sample of tubes selected for each inservice inspection (subsequent to the preservice inspection) of each steam generator shall include:
l SEABROOK - UNIT'1 3/4 4-13 L
1 REACTOR COOLANT SYSTEM STEAN GENERATORS SURVEILLANCE REQUIREMENTS
{
4.4.5.2b.
(Continued) 1)
All nonplugged tubes that previously had detectable wall penetrations (greater than 20%),
2)
Tubes in those areas where experience has indicated potential
]
problems, and 3)
A tube inspection (pursuant to Specification 4.4.5.4a.8) shall
)
be performed on each selected tube.
If any selected tube does not permit the passage of the eddy current probe for a tube j
inspection, this shall be recorded and an adjacent tube shall j
be selected and subjected to a tube inspection.
c.
The tubes selected as the second and third samples (if required by Table 4.4-2) during each inservice inspection may be subjected to a
{
partial tube inspection provided:
1)
The tubes selected for these samples include the tubes from
)
tho:;e areas of the tube sheet array where tubes with j
imperfections were previously found, and j
2)
The inspections include those portions of the tubes where imperfections were previously found.
The results of each sample inspection shall be classified into one of the following three categories:
Category Inspection Results C-1 Less than 5% of the total tubes inspected are degraded tubes and none of the inspected tubes are defective.
i C-2 One or more tubes, but not more than 1% of the total tubes inspected, are defective, or between 5% and 10% of the total tubes inspected are degraded tubes.
C-3 More than 10% of the total tubes inspected are i
degraded tubes or more than 1% of the inspected tubes are defective.
Note:
In all inspections, previously degraded tubes must exhibit significant (greater than 10%) further wall penetrations to be included in the above percentage calculations.
SEABROOK - UNIT 1 3/4 4-14
i-REACTOR COOLANT SYSTEM
\\
STEAM GENERATORS SURVEILLANCE REQUIREMENTS l
4.4.5.3 Inspection Frequencies - The above required inservice inspections of
{
l steam generator tubes shall be performed at the following frequencies:
a.
The first inservice inspection shall be performed after 6 Effective full-Power Months but within 24 calendar months of initial criticality.
-)
Subsequent inservice inspections shall be performed at intervals of not less than 12 nor more tnan 24 calendar months after the previous inspection.
If two consecutive inspections, not including the pre-l service inspection, result in all inspection results falling in Cate-gory C-1 or if two consecutive inspections demonstrate that previously observed degradation has not continued and no additional degradation j
has occurred, the inspection interval may be extended to a maximum of l
once per 40 months; b.
If the results of the inservice inspection of a steam generator conducted in accordance with Table 4.4-2 at 40-month intervals fall in Category C-3, the inspection frequency shall be increased to at least once per 20 months. The increase in inspection frequency shall apply until the subsequent inspections satisfy the criteria of Specification 4.4.5.3a.; the interval may.then be extended to a maximum of once per 40 months; and c.
Additional, unscheduled inservice inspections shall be performed on each steam generator in accordance with the first sample inspection specified in Table 4.4-2 during the shutdown subsequent to any of the following conditions:
1)
Primary-to-secondary tubes leak (not including leaks originating from tube-to-tubesheet welds) in excess of the limits of Specification 3.4.6.2, or 2)
A seismic occurrence greater than the Operating Basis Earthquake, or 3)
A loss-of-coolant accident requiring actuation of the Engineered Safety Features, or 4)
A main steam line or feedwater line break.
SEABROOK - UNIT 1 3/4 4-15 L
('.
STEAM GENERATORS SURVEILLANCE REQUIREMENTS a.4.5.4 Acceptance Critoria a.
As used in this specification:
1)
Imperfection means an exception to the dimensions, finish, or contour of a tube from that required by fabrication drawings or specifications.
Eddy-current testing indications below 20% of the nominal tube wall thickness, if detectable, may be considered as imperfections; 2)
Degradation means a service-induced cracking, wastage, wear, or general corrosion occurring on either the inside or outside of a tube; 3)
Degraded Tube means a tube containing imperfections greater than or equal to 20% of the nominal wall thickness caused by degradation; 4)
% Degradation means the percentage of the tube wall thickness affected or removed by degradation; 5)
Defect means an imperfection of such severity that it exceeds the plugging limit.
A tube containing a defect is defective; 6)
Plugging Limit means the imperfection depth at or beyond which the tube shall be removed from service and is equal to 40% of the nominal tube wall thickness; 7)
Unserviceable describes the condition of a tube if it leaks or contains a defect large enough to affect its structural integ-rity in the event of an Operating Basis Earthquake, a loss-of-coolant accident, or a steam line or feedwater line break as specified in Specification 4.4.5.3c., above; 8)
Tube Inspection means an inspection of the steam generator tube from the point of entry (hot-leg side) completely around the U-bend to the top support of the cold leg; and i
9)
Preservice Inspection means an inspection of the full length of each tube in each steam generator performed by eddy-current techniques prior to service to establish a baseline condition of the tubing. This inspection shall be performed prior to initial POWER OPERATION using the equipment and techniques expected tu be used during subsequent inservice inspections.
SEABROOK - UNIT 1 3/4 4-16
REACTOR C00LANi SYSTEM g
STEAM GENERATORS SURVEILLANCE REQUIREMENTS 4.4.5.4 (Continued) b.
The steam generator shall be determined OPERABLE after completing the corresponding actions (plug all tubes exceeding the plugging limit and all tubes containing through-wall cracks) required by Table 4.4-2.
4.4.5.5 Reports a.
Within 15 days following the completion of each inservice inspection of steam generator tubes, the number of tubes plugged in each steam generator shall be reported to the Commission in a Special Report pursuant to Specification 6.8.2; b.
The complete results of the steam generator tube inservice inspection shall be submitted to the Commission in a Special Report pursuant to Specification 6.8.2 within 12 months following the completion of the inspection.
This Special Report shall include:
1)
Number and extent of tubes inspected, 2) location and percent of wall-thickness penetration for each indication of an imperfection, and 3)
Identification of tubes plugged.
c.
Results of steam generator tube inspections which fall into Category C-3 shall be reported in a Special Report to the Commission pursuant to Specification 6.8.2 within 30 days and prior to resumption of plant operation. This report shall provide a description of investi-gations conducted to determine cause of the tube degradation and corrective measures taken to prevent recurrence.
l l
SEABROOK - UNIT 1 3/4 4-17
1 j
{
)
TABLE 4.4-1 j
l MlHIMUM NUMBER OF STEAM AENERATORS TO BE l
I INSPECTED OURING INSERVICE INSPECTION l
l J
No. of Steam Generators per Unit Four Four Preservice Inspection First Inservice Inspection Two One (1)
Second & Subsequent Inservice Inspections l
TABLE NOTATION l
(1) The third and fourth steam generators that were not inspected during the first inservice inspection shall be inspected during the second and third l
inspections, respectively, For the fourth and subsequent inspections, the inservice inspection may be limited to one steam generator on a rotating schedule encompassing 12% of the tubes if the results of the previous in-spections of the four steam generators indicate that all steam generators
)
are performing in a like manner.
Note that under some circumstances, the operating conditions in one or more steam generators may be found to be more severe than those in other steam generators. Under such circumstances, the sample sequence shall be modified to inspect the most severe conditions.
l I
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l SEABROOK - UNIT 1 3/4 4-18 L
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ATTACHMENT 10-1 1.
Final Environmental Statement related to the proposed Seabrook Station Units 1 and 2, PSNH; U. S. Atomic Energy Commission Directorate of Licensing; December 1974; Docket Nos. 50-44 3 and 50-444.
2.
Seabrook Station Environmental Report - Operational License Stage, Public Service Company of New Hampshire; as revised.
I 3.
Seabrook Station Environmental Report - Construction Permit Stage, Public Service Company of New Hampshire; as revised.
4.
Final Envi ronmental Statement related to the operation of Seabrook Station Units 1 and 2; PSNH, et al.; U. S. Nuclear Regulatory Com-k mi s sion; December 1982; NUREG-0895.
5.
Seabrook Station Final Saf ety Analysis Report; Public Service Company of New Hampshire; as amended.
6.
Seabrook Station National Pollutant Discharge and Elimination system (NPDES) Permit No. NH0020338; dated July 26, 1985.
7.
Normandeau Associates, Inc., 1977 Summary document:
Assessment of Anticipated Impacts of Construction and Operation of Seabrook Station on the estarine, coastal and of f shore waters of Hampton -
Seabrook, New Hampshire.
8.
Normandeau Associates, Inc.,1985; Seabrook Envi ronmental Studies, 1984 A Characterization of Baseline Conditions in the Hampton -
Seabrook Area, 1975-1984 Technical Report XVI-II.
9.
Normandeau Associates, Inc., 1987; Seabrook Environmental Studies,
1986. A Characterization of Baseline Conditions in the Hampton -
Seabrook Area, 1975-1986.
A Preoperational Study for Seabrook Station, Technical Report XVIII-II.
)
i I
10.
Bayne, B.
L., ed. (1976). Marine Mussels - their ecology and physiology.
Cambridge University Press.
I1.
Halogenated Hydrocarbon Production and the Potential of Bio-accumulation at Seabrook Station; K. W. Dow, February 1987; YAEC - 1576.
12.
USNRC Letter, dated April 10, 1981, "IE Bulletin 81-03, Flow Blockage of Cooling Water to Safety System Components by Corbicula sp. ( Asiatic Clam) and Mytilus sp. (Mussel)", B. H.
Grier to W. C. Tallran.
13.
PSNH Letter, dated July 8, 1981, " Response to IE Bulletin 81-03, Flow Blockage of Cooling Water to Safety System Components by Corbicula sp. (Asiatic Clam) and Mytilus sp. (Mussel)", J.
DeVincentis to B. H. Grier.
1
(
l I
ATTACHMENT 10-1 j
l.
Final Environmental Statement related to the proposed Seabrook Station Units 1 and 2, PSNH; U. S. At omi c Ene rgy Commi ssion Directorate of Licensing; December 1974; Docket Nos. 50-44 3 and 50-444 2.
Seabrook St ation Envi ronme ntal Report - Operational License Stage, Pablic Service Company of New Hampshire; as revised.
3.
Seabrook Station Envi ronmental Report - Cons t ruction Pe rmit I
Stage, Public Service Company of New Hampshire; as revised, i
4.
Final Environmental Statemen: related to the operation of Seabrook Station Units 1 and 2; PSNH, et al.; U. S. Nuclear Regulatory Com-mission; December 1982; NUREG-0895.
5.
Seabrook Station Final Safety Analysis Report; Public Service Company of New Hampshire; as amended.
6.
Seabrook Station National Pollutant Discharge and Elimination system (NPDES) Permit No. NH0020338; dated July 26, 1985.
7.
Normandeau Associates, Inc., 1977 Summary document:
Assessment of Anticipated Impacts of Construction and Operation of Seabrook Station on the estarine, coastal and offshore waters of Hampton -
Seabrook, New Hampshire.
8.
No rma nde au As so ci at es, Inc.,1985; Seabrook Envi ronmental Studies, l
1984. A Characterization of Baseline Conditions in the Hampton -
l Seabrook Area, 1975-1984 Technical Report XVI-II.
l l
l 9.
Normandeau Associates, Inc., 1987; Seabrook Environmental Studies,
i 1986. A Characterization of Baseline Conditions in the Hampton -
Seabrook Area, 1975-1986.
A Preoperational Study for Seabrook Station, Technical Report XVIII-II.
10.
Bayne, B.
L., ed. (1976). Marine Mussels - their ecology and j
physiology. Cambridge University Press, 11.
Halogenated Hydrocarbon Production and the Potential of Bio-accumulation at Seabrook Station; K. W. Dow, February 1987; YAEC - 1576.
12.
USNRC Letter, dated April 10,1981, "IE Bulletin 81-03, Flow Blockage of Cooling Water to Safety System Components by Corbicula sp. (Asiatic Clam) and Mytilus sp. (Mussel)", B. H.
Grier to W. C. Tallman.
13.
PSNH Letter, dated July 8, 1981, " Response to IE Bulletin 81-03, Flow Blockage of Cooling Water to Safety System Components by Corbicula sp. (Asiatic Clam) and Mytilus sp. (Mussel)", J.
DeVincentis to B. H. Grier.
l I
j
ATTACHMENT 10-1 (Cont i nued )
i 14 USNRC Letter, dated January 24, 1983, "IE Bulletin No. 81-03, Flow Blockage of Cooling Water to Saf ety Components by Corbicula sp. ( Asiatic Clam) and Mytilus sp. (Mussel)", E. L. Jordan to J.
DeVincentis.
15.
PSNH Letter, dated March 7, 1983, " Additional Response to IE Bulletin 81-03, Flow Blockage of Cooling Water to Saf ety System Components by Corbicul'a sp. (Asiatic Clam) and Mytilus sp.
(Mussel)", J. DeVincentis to E. L. Jordan.
16.
USSRC Document, dated June 1984, "Closecut of IE Bulletin 81-03, Flow Blockage of Cooling Water to Saf ety System Components by Corbicula sp. (Asiatic Clam) and Mytilus sp. (Mussel)", NUREG/
CR-3054.
17.
Symposium on Condenser Macrof ouling Control Technologies June 198 3, EPRI 18.
Condenser Macrof ouling Cont rol Technologies June 1984, EPRI 19.
Biof ouling Control f or Seabrook Station.
September 1978, PSNH 20.
Marine fouling and Power Stations 1985, CEGB/EDF/ENEL/KEHA 21.
Inspection Report:
Unit I condenser, pass 'A'
'B', 1/27/86, Richard Frey:
Chemist ry Department 22.
Inspection Report:
Unit 1 CW pump
'B' bay, 1/21/86 Richard Frey:
Chemist ry Department 23.
Inspection Report:
Unit 1 SW forebay, 12/23/86 Richard Frey:
Chemistry Department 1
24 Inspection Report:
PCCW 'A' Heat Exchanger, 5/7/87 Richard Frey to Bob Litman:
Chemist ry Department i
25.
Inspection Report:
PCCW 'B' Heat Exchanger, (Later),
Richard Frey to Bob Litman:
Chemist ry Department 26.
Inspection Report:
CW Pumphouse, 9/11/87, Richard Frey to Bob Litman:
Chemistry Department 27.
Inspection Report:
Condenser Waterboxes, 8/12/87, Richard Frey to Bob Litman:
Chemist ry Department 28.
Inspection Report:
Diesel Jacket Heat Exchanger
'A',
6/5/87, Richard Frey to Bob Litman:
Chemist ry Department 29.
Inspection Report:
Diesel Jacket Heat Exchange r ' B', 10/2/87, Richard Frey to Bob Litman:
Chemist ry Department 30.
Inspection Report:
SCCW Heat Exchangers (SW Side), 9/11/87, Richard Frey to Bob Litman:
Chemist ry Department
___________-__0
ATTACHMENT 10-l (Continued) 31.
Inspection Report:
CW Side, Heat Exchangers, Ai r Removal Pumps
'A',
'B',
'C',
1/23/86, Richard Frey:
Chemist ry Department 32.
Inspection Report:
Check Valves, SW pumps
'A'
'B',
8/12/85, Richacd Frey to File:
Chemist ry Department 33.
Memo:
Barnacle Growth in CW Systems, 7/6/87, Richard Frey to Bo b Li t ma n:
Chemist ry Department 34 Memo:
Biofouling summary, July 1987, 8/7/87, Richard Frey to Bo b Li t ma n:
Chemistry Department 35.
Log s heets, biopanels, 1985, 1986, 1987 to 9/28/87, Seabrook Station DCC 36.
Photographs, condenser waterboxes, 8/11/87, Richard Frey:
Chemist ry Department 37.
Photographs, condenser waterboxes vendor, 8/87 38.
Photographs, intake TS 7/6/87, Richard Frey:
Chemi st ry Department i
39.
Video, intake T8 submarine inspection, 11/7/86
)
40.
Video, intake structure submarine inspection, 11/7/86 i
l L
ATTACHMEN'- 11-1 Kennet h W.
Dow Envi ronmental Scientist Yankee Atomic Elect ric Company Yankee Atomic Elect ric Company 1671 Worcester Road Framingham, MA 01701 Winthrop B. Leland Chemistry 6 Health Physics Manager, Seabrook Station New Hampshire Yankee Seabrook Station P. O. Box 300 Lafayette Road Seabrook, NH 03874 Dr. Robert Li tma n Chemistry Supervisor, Seabrook Station New Hampshire Yankee Seabrook Station P. O. Box 300 Lafayette Road Seabrook. NH 03874 Richard A. Frey Ch e mi s t, Seabrook Station New Hampshire Yankee Seabrook Station P. O. Box 300 Lafayette Road Seabrook, NH 03874 l'
ATTACHMENT 13-1 I
1
.i
- i 1
i
)
Permit No. NH0020338 Page 1 of 24 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. 5S1251 et se3.; the " CWA"),
Public Service Company of New Hampshire, et al.
New Hampshire Yankee Division P.O.
Box 700 Seabrook, NH 03784 is authorized to discharge from a f acility located at 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 days from the date of signature.
This permit and the authorization to. discharge expire at midnight, five years from the effective date.
This pe rmit supersedes the permit issued on April 5, 1982.
This permit consists of 24 pages in Part I including effluent limitations, monitoring requirements, etc. and 19 pages in Part II including General Conditions and Definitions.
Signed this) day of Ju/n /frr
-_ & $ ?M Director Water Management Division Environmental Protection Agency Boston, KA REGION I
1 Part I Pe rm i t No. NH0020338 Page 2 of 24 A.
Effluent Limitations and Monitoring Requirements j
1.
Except as specified in Paragraphs 1 through 11 herein, the permittee shall not discharge to the Browns River or Atlantic Ocean, 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 Executive Director.
b.
Total Residual Chlorine or Oxidant concentration, unless otherwise specified, shall be measured downstream of the unit or units being chlorinated before that stream mixes with the receiving water.
c.
The discharges shall not jeopardize any Class B use of the Browns River and shall not violate applicable water quali ty standards for Class B water as defined by the i
State of New Hampshire.
Pollutants which are not limited by this permit, but which have been specifically disclosed in the pe rmit application, may be discharged at the frequency and level disclosed in the application, provided that such discharge does not violate Sections 307 or 311 of the Act or applicable water quality standards.
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).
e.
This permit shall be modified, revoked or reissued to comply with any applicable ef fluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D),
304(b)(2), and 307(a)(2) of the Act, if the effluent standard or limitation so issued or approved:
(1) contains dif ferent conditions or is otherwise more stringent than any ef fluent limitation in this pe rmi t; or (2) controls any pollutant not limited by this pe rmi t.
I f the pe rmit is modified or reissued, it shall be revised to reflect all currently applicable requirements of the Act.
f.
The te rm " Regional Administrator" means the Regional Administrator of Region I of the U.S.
Environmental Protec-tion Agency, or his designee, and the term " Executive
f Permit No. NH0020338 Page 3 of 24 Director" means the Executive Director of the New Hampshire l
Water Supply and Pollution Control Commission or his designee.
g.
There shall be no discharge of polychlorinated biphenyl compounds such as commonly used for transformer fluid.
h.
The total chlorine or oxidant residual of the effluent I
shall not result in any demonstrable harm to aquatic life I
or violate any water quality standard which has been promul-i gated.
Upon future promulgation of any such standard, I
this permit may be revised or amended in accordance with such standards, the permittee being so notified.
l i.
The thermal plumes from the station shall:
(a) not l
block zones of fish passage, (b) not. interfere with spawn-ing of indigenous populations, (c) not change the balanced indigenous population of the receiving water, and (d) have minimal contact with surrounding shorelines.
j.
This permit will become ef fective on the date indicated on Page 1 and will supersede the permit dated April 5, 1982.
k.
(1) " Tunnel Activation Date" as used in the succeeding paragraphs, is defined as that date when there is a pumped discharge from the cooling water diffuser nozzles.
The date that the tunnels are filled with water will not be i
considered as the Tunnel Activation Date for this permit, because the activation date may follow this date by a con-siderable length of time.
The permittee shall notify the
)
Regional Administrator and the Executive Director at least 30
)
days prior to planned " Tunnel Activation Date," (the date of the first pumped discharge). (2) " Unit #1 activation date" is defined as that date Unit il initiates operation.
The permittee shall notify the Regional Administrator and the Executive Director 30 days prior to the planned " Unit il activation date.'
l.
All existing manuf acturing, commercial, mining, and silvi-cultural dischargers must notify the Director as soon as they know or have reason to believe:
(1) That any activity has occurred or will occur which would result in the discharge, on a routine or fre-quent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following " notification l
levels:"
l (a)
One hundred micrograms per liter (100 ug/1);
)
(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; 1
Permit No. NH.0020 338 Page 4
of 24 (c)
Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 C.F.R.
S122.21(g)(7); or (d)
Any other notification level established by the Director in accordance with 40 C.F.R.
S122.44(f).
I (2) That any activity has occurred or will occur which l
would result in the discharge, on a non-routine or l
infrequent 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)
Five hundred micrograms per liter (500 ug/1);
(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.
S122.21(g)(7); or (d)
Any other notification level established by the Director in accordance with 40 C.F.R.
S122.44(f).
I (3) That they have begun or expect to begin to use or l
manufacture as an intermediate or final product or byproduct any toxic pollutant which was not reported in the permit application.
The criteria for the Seabrook Station cooling water m.system effluent limitations have been derived from the i
following documents:
(1)
Public Service Company of New Hampshire Applica-tion for an NPDES Permit for Seabrook Station dated August 1,1974.
(2)
Public Service Company of New Hampshire Applica-tion for a Permit to Discharge or Work in Navig-able Waters and their Tributaries dated October 25, 1974.
(3)
Regional Administrator's Determination dated June 24, 1975 relating to Cooling Water Intake Intake Structure Location and Design.
(4)
Regional Administrator's Determination dated October 24, 1975 relating to the Thermal Component of the Discharge.
~
i P e rn. i t No. NH0020338 Page 5 of 24 (5)
Administrator's Decision dated 7ene 10, 1977 relating to the Appeal of the Rugional Adminis-trator's Initial Decision.
(6)
Administrator's Modifications of Determinations dated November 7, 1977, relating tc modification to (3) and (4) above, (7)
Administrator's Decisior. on Remand dated August 4, 1978.
(8)
Steam Electric Power Generating Point Scurce Category Effluent Limitations Guidelines 40 CFR 423 as proposed at 45 Fed. Reg. 68328 et seg. on October 14, 1980, and on final ruling published at 47 Ped. Reg. 52290 et seg. on November 19, 1982.
1 n.
The thermal component of the discharge shall in all respects be in accordance with the discharge described in the permittee's NPDES Permit Application No. NH0020338, dated August 1, 1974, except as specifically modified below.
(1) The pe rmittee shall perf orm back-flushing (cooling water flow reversal for bio-fouling control) only during times when meteorological and hydrological conditions are such that the plume flows-of f-shore and/or-temperature increases are minimized at the Sunk Rocks.
The permittee shall submit the data in its possession relating to such conditions.
If after review of such data, the Regional Administrator and the Executive Direct 3r determines that f urther data are necessary, the permittee shall submit to the Regional Administrator and the Executiva Director for approval a plan for studying wind and tides during the reoperation period.
The permittee will conduct the studies contemplated by such plan in such manner as the Regional Administrator and Executive Director specifies.
A detailed back-flushing operational procedure will be developed before the plant begins operation in accordance with Paragraph I. A.10.d of this permit.
(2)
Except for the discharge during cooling water flow reversal for bio-fouling control, the thermal component of the discharge from the Seabrook Station shall not cause a temperature rise of more than 5.0*F in the receiving waters, except that in the near-field jet mixing region the 5'T limit shall apply only at the surface of the receiving waters.
For the purpoces of this paragraph, the near-field jet mixing region means that portion of the receiving waters within 300 feet of the submerged dif fuser 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.
~
1 1
I l
1 Permit No. NH0020338 Page 6 of 24 (3)
After operation of the Seabrook Station commences, i
sne permittee shall conduct such studies as are deter-mined by the Regional Administrator and the Executive 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.
This submittal shall be in accordance with Paragraph I.A.ll of this permit.
I i
(4)
The permittee shall submit to the Regional Admin-istrator and to the Executive Director for approval a l
plan designed to provide adequate baseline data on the indigenous benthic populations at the intake site, the discharge site, the Outer Sunk Rocks, and suitable referenco stations.
The plan should provide for quantitative benthic sampling with collections for at I
least two years after initiation of plant operation I
l l
to determine the ef f ect, if any, of plant operation on such biota.
The permittee shall submit to the Regional Administrator and Executive Director for approval a plan-for continued study of the population j
dynamics of Mya arena _ria.
The permittee shall conduct I
these studies in such manner as the Regional Administrator i
and the Executive Director specif y.
The proposed plan l
submittal shall be in accordance with Paragraph I.A.ll of this permit.
1 (5)
After operation of the Seabrook Station commences, l
the permittee shall conduct such studies as are deter-mined by the Regional Administrator and the Executive 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.ll of this permit.
(6)
NPDES Permits issued from time to time in regard to the discharges from Seabrock 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 be necessary to assure the protection and propagation of a balanced i
indigenous population of shellfish, fish and wildlife
{
in and on the receiving waters.
j (7)
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.
I
Permit No. NH0020 338
)
Page 7 of 24 (8)
The permittee shall submit to the Regional Adminis-trator and the Executive Director recommendations on methods to discourage marine fouling growth of organisms on the dif fuser which might attract browsing fish which would then'be susceptible to entrapment during the reversed flow back-flushing operation.
The proposed design of the multi-port diffuser shall be approved by the Regional Administrator and the Executive Director prior to the installation of the diffuser nozzle components.
o.
It has been determined that the circulating water intake structure presently designed employs the best technology available for minimizing adverse environmental impact.
No change in the location, design or capacity of the present structure can be made without prior approval of the Regional Administrator and the Executive Director.
The present design shall be reviewed for conformity to regulations pursuant to Section 316(b) when such are promulgated.
1 p.
The design, construction, and capacity of all compon-ents 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 cooling 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 would then be susceptible to entrap-ment).
(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 incorp-orate such behavioral or other non-structual deterrents and barriers as the Regional Administrator and/or the Executive 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 inf ormation available.
Permit No. NH0020338 Page 8 of 24 (5)
That portion of the cooling water intake structures into which the cooling water is drawn from the ocean during normal station operation (the " intake ports")
shall be located at approximately 42' 54' 17" North i
latitude and 70* 47' 12" West longitude.
This location may vary by up to 150 feet in any direction to allow the intake to be located in accordance with best engi-neering practices.
(6)
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 require-ments or be modified to contain such further limitations l
and requirements as the results of any studies by the i
permittee and other available information indicate to l
be necessary to minimize adverse environmental impact from the cooling water intake structures, q.
Should the intake tunnel and/or discharge tunnel require dewatering during an emergency condition, the permittee shall I
submit to the Regional Administrator and the Executive Director the Emergency Dewatering Plan for their approval as required in Paraghraphs II.m and II.n of this permit i
which define Bypass and Upset operating conditions.
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Part I Page 13 of 24 Permit No.NH0020338 d.
Samples taken in compliance with the monitoring requirements j
above shall be t ak e n at the discharge transition well prior to the cooling water entering the discharge tunnel.
e.
The permittee shall submit a plan for the Chlorine Minimization J
Study to tne Regional Administrator and the Executive Director tor approval witnin 30 days of the etfective date of tnis permit, to determine the minimum level of enlorine discharge into tne rec e iv i ng waters while maintaining a suitable Dio-fouling control of the intaxe cooling water system and condenser er ficiency.
Tne obj ect ive of this Chlorine Minimization Study is to minimize the oischarge of chlorine and its related compounds into the rece iv ing wa ters.
The Chlorine Minimization Study should last at least one full year.
The Chlorine Minimization Study presented i n Appe nd ix A of 4 0 C. F. R.
Part 423, as proposed at 45 Fed.
Reg. 68328 et seq. on Octobe r 14, 1980, may serve as a guide for this prog ram.
In addition to the information requirements shown in the proposed guidelines, the Chlorine Minimization Study should also include:
1.
A feasibility study of using labcratory scale test apparatus to monitor the effectiveness of the proposed chlorine dosages as a biocide at the Seabrook Station site bef ore and after Unit 1 becomes operational.
2.
A study of the chlorine demand of the sea water at.the.
intake structure site should be made to substantiate previous data bef ore Unit 1 becomes operational.
3.
Monitoring TRO in full plant operation shall be at the discharge transition well 3 times a day.
The frequency may be changed after a history of the TRO variations have been established.
Alternate test procedures and frequencies for moni to ri ng TRO in the discharge transition well may be proposed by the pe rmittee.
4.
A feasibility study to measure the presence of halogenated hydrocarbons being discharged into the Seabrook Station tnermal plume and the bio-accumulation of these halogenated hydrocarbons discharged into the marine environment by Seabrook Station.
i Part I Page 14 of 24 Permit No. NH0020338 5.
Establish a tentative f requency and seasonal schedule for I
the thermal backflushing operation to compliment the the continuous chlorination program.
i 6.
The full scale plant test phase of this program will be initiated on the Tunnel Activation Date.
i 7.
The Total Residual Oxidant concentration shall not exceed l
0.2 mg/l at the discharge transition well during the Chlorine Minimization Study.
8.
Status reports shall be provided 6 months and 12 months af ter the initiation of the Chlorination Minimization Program.
9.
A final report shall be submitted 6 months after the completion of the test phase and shall contain as a minimum:
a summary of the raw data, an interpretation of 4
the raw data, and the recommendations for the long-term Chlorine Management Program at Seabrook Station.
The discharge effluent limitations for Total Residual Oxidants and the conditions of this permit shall be appropriately modified to reflect the results derived from the Chlorine Minimization S tudy for the long term station Chlorine Management Program.
f.
All material removed from the rotating screens in the cooling intake system shall not be returned to the receiving water waters.
4 g.
The concentrations of radionuclides shall not exceed those standards for such materials as appear in and are restricted by licenses from the Nuclear Regulatory Commission.
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Part I I
P e rmi t No. NH0020338
)
Page 20 of 24 11.
eiological and Hydrolog ical Mon t toring I
a.
The pe rmi t tee s h al l, within 30 days of tne ettective date of this permit, submit to the Regional Administrator and the Executive Director for their approval a plan tor studies to monitor the biological community adjacent to and within the Hampton-Seabrook estuary.
These monitoring studies will include the time period before and af ter Unit 1 becomes ope ra t io nal.
These operational studies should place special emphasis on monitoring those biological populations which may be impacted directly or indirectly by the intake and/or discharge of the Seabrook Station. The biological studies will continue for the duration of this NPDES Permit.
b.
The pe rmit tee shall, within 30 days of the effective date of thi s pe rm i t, submit to the Regional Administrator and the j
Executive Director for their approval a plan to study the i
the rmal and hydrodynamic impact on the receiving waters by the operational circulating cooling water system (intake s tructure and discharge structure under normal and backflushing procedures).
c.
Additional cri te ria for the biological and hydrological studies are to be found in Paragraphs I.A.l.m through p of t h'i s pe rm i t.
d.
The pe rmittee may propose changes to the approved biolog ical or hydrological plans to the Regional Administrator and the Executive Director annually af ter the Effective Date of this permit. A proposed modified plan for calendar year 1986 will be submitted prior to January 1, 1986, for approval.
The permitee must demonstrate based upon prior test results that the proposed changes will be equivalent to or will enhance the previously approved studies.
e.
The biological and hydrological study reports shall be submitted on a semi-annual basis with an annual report summarizing the previous year's inf ormation and conclusions.
The semi-annual report will 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 information obtained since the last annual report.
Part I Permit No. NH0020338 Page 21 of 24 g.
Seabrook Benthic Sampling Technique Verification In August 1985, a benthic sa' pling comparability study shall be m
conducted.
The data obtained using the historical sampling method for benthic studies at Seabrook Station shall be compared with the data obtained using the method that is consistent with current E.P.A.
Region I Benthic Sampling Policy. Specifically, the data for the historical Seabrook Station procedure shall be represented by 5 replicate benthic samples collected over a 1/16 (0.0625) square meter area with an airlif t.
The sediment and tauna shall be collected in a bag having 1/32 inch (0.8mm) mesh.
The data obtained using the above method shall be compared with data obtained from 5 replicate samples taken with a 0.04 square meter Van Veen Grab Sampler with each sample being sieved through a 0.5mm mesh screen (the method currently recommended by Region I for benthic sampling).
In both cases, all samples should be collected from the same station and on the same day in August 1985.
All organisms i
retained on the screen or in the bag should be identified to the lowest taxon possible (usually to species level).
The data produced by the two techniques should be evaluated to determine whe the r : (1) there is any significant dif ference in terms of commun i ty summary parameters and inter-replicate variability and (2) the data collected using the historical Seabrook Station sampling technique is directly correlatable to the data collected using the recommended EPA benthic sampling technique.
The data produced by both techniques should be analyzed to determine whether there is any statistically significant differences in species richness, f aunal diversity,
abundance, and dominance between the two sampling methods.
The permittee may present the statistical analysis of any other community parameter that may be deemed appropriate for comparing the data obtained through the two sampling techniques.
The permittee shall submit to the Regional Administrator and the Executive Director the proposed plan for this comparability study within 30 days of the ef fective date of this permit.
The benthic sampling shall be accomplished during the month of August 1985 with a final report being submitted by November 1, 1985.
Part I Permit No. t1H0 20 3 38 Page 22 of 24 h.
Fish Mortality Monitoring and Reporting.
Any incidence of fish mortality associated with the discharge plume or of unusal number of fish impinged on the intake traveling screens shall be reported to the Regional Administrator and the Executive 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(l)(5) of this permit. A written confirmation report is to be provided within five (5) days.
This report should include the following:
I (1)
The kinds, sizes, and approximate number of fish involved in the incident.
(2)
The time, date, and duration of the occurrance.
(3)
The operating mode of the station at the time of the occurrance.
(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.
i 1
I 1
l l
Part I Permi t No. NH00203 38 Page 23 of 24 B,
SCHEDULE OF COMPLIANCE 1.
The permittee shall achieve compliance with the effluent limitations and/or conditions specified for discharges in accordance with the following schedule:
a.
The permittee shall notify the Regional Administrator and the Executive Director at least 30 days prior to the planned Tunnel Activation Date and prior to the Unit #1 Activation Date (Permit Par. I.A.l.k).
b.
Within the 30 day s of the effective date of this permit, the permittee shall submit the proposed operational procedure for the thermal back-flushing process (Par.
I.A.l.n.(1), and I.A.10.d.)
Within 30 day s of the ef fective date of this permit, c.
permittee shall submit a proposed plan for the Chlorine Minimization Study (Par. I.A.5.e).
d.
Within 30 days of the ef fective date of this permit, the permittee shall submit a proposed biological test plan and a hydrological test plan (Paragraphs I.A.l.n.(4);
I.A.ll.a; I.A.l.n.(3); and I.A.11.b).
i e.
On the Tunnel Activation Date, the permittee shall implement the Chlorine Minimization Study test phase, the operational biological test program, and the operational hydrological test program (Par. I. A.S.e, Par. I.A.ll.a, and Par.
I.A.ll.b).
f.
The permittee shall submit two status reports 6 and 12 months after the effective date of this permit and a final report on the Chlorine Minimization Study six calender months af ter completion of the test phase (Par. I. A.5.e).
g.
The anti-fouling design of the dif fuser shall be approved prior to installation of the nozzle components (Par.
I.A.l.n.(8)).
h.
The Benthic Sampling Comparability Program Proposed Test Plan shall be submitted within 30 days of the ef fective date of this permit with the final report be submitted by November 1, 1985.
2.
No later than 14 calendar days following a date identified in a ny schedule of compliance, the permittee shall submit to the Director, either a report of progress or, in the case of-specific actions being required by identified dates, a written notice of compliance or noncompliance.
In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the prob-abilitly of meeting the next scheduled requirement.
l Part I i
Permit No. NH0020338 Page 24 of 24 C.
MONITORING AND REPORTING l
l 1.
Reporting l
l Monitoring results obtained during the previous month shall be summarized and reported on Discharge Monitoring Report Form (s) postmarked no later than the 28' day of the month following the completed reporting period.
1 Duplica te signed copies of these, and all other reports required
)
herein, shall be submitted to the Regional Administrator and one l
s igned copy to the State at the following addresses:
Permit Compliance Section Compliance Branch Water Management Division Environmental Protection Agency JFK Federal Building Boston, HA 02203 The State Agency is:
New Hampshire Water Supply &
Pollution Control Commission Razen Drive, P.O.
Box 95 Concord, NH 03301 1
I
)
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l
Page 1 of 19 PART II TABLE OF CONTENTS GENER AL REQU IREMENTS (a)
Duty to Comply (b)
Duty to Reapply (c)
Need to Halt or Reduce Not a De f e nse (d)
Duty to Mitigate (e)
Prope r Operation and Maintenance (f)
Permit Actions (g)
Property Rights (h)
Duty to Provide Information (i)
Inspection and Entry (j)
Monitoring and Records (k)
Signatory Requirements (1)
Reporting Requirements j
(m)
Bypass (n)
Upset (o)
Cha nge in Discharge (p)
Removed Substances (q)
Power Failure (r)
Availability ot Reports j
(s) oil ano Hazarcous substance Liability (t)
State Laws (u)
Utner Laws (v)
Severability (W)
Reopener Clause (x)
Confidentiality of Information (y)
Right of Appeal DEFINITIONS i
Revised 12/27/84
Page 2 of 19 GENERAL REQUIREMENTS (a)
Duty to Comply The permittee must comply with all conditions of this permit.
Any pe rmit noncompliance constitutes a violation of the Clean Water Act and is grounds f or enf orcement action; for pe rmi t te rmina t ion, revocation and reissuance, or modifica-t io n ; or for denial of a permit renewal application.
(1)
The permittee shall comply with ef fluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the reg ula t ions that establish these standards or prohibitions, even if the permit has not yet be e n modified to incorporate the requirement.
l (2)
Tne CWA provides that any person who violates a permit i
condition implementing Sections 301, 302, 306, 307, l
308, 318, or 405 of the CWA is subject to a civil
)
penalty not to exceed $100,000 per day ot sucn violation.
j Any person wno wilitully or negligently violates permit conditions implementing sections 301, 302, 306, 307, or 308 of the Act is subject to a fine of not less 3
tnan S2,500 nor more than S25,000 per day of violation, or by imprisonment for not mor'e than 1 year, or both.
(b)
Duty to Reapply If the pe rmittee wishes to continue an activity regulated by j
this pe rmit af ter the expiration date of this permit, the I
pe rmittee must apply for and obtain a new permit.
The permit-l l
tee shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission l
for a later date has been granted by the Director.
(The Director shall not grant permission for applications to be submitted later than the expiration date of the existing l
pe rm i t. )
(c)
Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the l
permitted activity in order to maintain compliance with the conditions of this pe rmit.
(d)
Duty to Mitigate The permittee snall take all reasonaDie steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
1
Page 3 of 19 (e)
Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to' achieve compliance with the conditions of this pe rm i t.
Proper operation ana maintenance also incluaes adequate laboratory controls and appropriate quality assurance procecures.
This provision requires the operation of back-up or auxiliary f acilities or similar systems only when the the operation is necessary to achieve compliance with the conditions of the permi t.
(f)
Permit Actions This pe rmi t may be modi f ied, revoked and reissued, or term-inated for cause, including but not limited to: (1) violation of any terms or conditions of this pe rmit; (2) Obtaining this permit by misrepresentation or failure to disclose all relevant facts; or (3)
A change in any condition that requires either a temporary or permanent reduction or elimin-ation of the authorized discharge.
The filing of a request by the permittee for a permit modification, revocation a nd reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit c o nd i t io n.
(g)
Property Rights This pe rmit coes not convey any property rights of any sort, or any exclusive privilege.
(h)
Duty to Provice Information Tne pe rmittee shall f urnish to the Director, within a reason-able time, any information which the Director may request to cetermine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Director, upon request, copies of records required to j
be kept by this permit.
+
1 (i)
Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and I
other documents as may be required by law, to:
(1)
Enter upon the permittee's premises where a regulated 1
facility or activity is located or conducted, or where records must be kept under the conditions of this permit;
Page 4 of 19 (2)
Have accces to and copy, at reasonable times, any records that must be kept under the conditions of this pe rmi t ;
(3)
Ins pe c t at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (4) sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location.
(3)
Monitoring and Records (1)
Samples and measurements taken for the purpose of monitoring shall be representative ot the volume and nature ot tne discharge over the sampling and reporting pe r iod.
(2)
The permittee snall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings from continuous monitoring instrumentation, copies of all reports required by th is pe rmi t, and records of all data used to complete the application'for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
(3)
Records of monitoring information shall include:
(i)
The date, exact place, and time of sampling or measurements; (ii)
The individual (s) who performed the sampling or measurements; (iii)
The date(s) analyses were performed; (iv)
The individual (s) who performed the analyses; (v)
The analytical techniques or methods used; and (ei)
The results of such analyses.
(4)
Monitoring must be conducted according to test procedures approvec under 40 CFR Part 136, unless other test proce-dures have Deen specified in this permit.
-(5)
The CWA provides that any person who falsifies, tampe rs with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this e
Page 5 of 19 i
pe rmi t shall upon conviction, be punished by a fine of j
not more than 510,000 per violation or Dy imprisonment l
for not more than 6 months per violation or by both.
(6)
Moni to ring results must be reported on a Discharge Monitoring Report (DMR).
(7)
If the permittee monitors any pollutant more frequently
)
than required by the permit, using test procedures l
approved under 40 CFR Part 136 or as specified in the pe rmi t, the results of this monitoring shall be included in the calculation and reporting of the data j
submitted in the DMR.
(k)
Signatory Requirement All applications, reports, or information submitted to the Director shall be signed and certified in accordance with 40 CFR S122.22.
The CWA provides that any person who knowingly makes any false statement, representation, or ce rt i t ica t ion in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more tnan S10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both.
(1)
Reporting Requirements j
(
(1)
Planned changes.
The pe rmittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted f acility.
Notice is required only-when:
(i) the alteration or addition to a permitted f acility may meet one of the criteria for determining whether a facility is a new source in 40 CFR S122.29(b); or (ii) the alteration or addition could significantly change the nature or. increase the quantity of pollutants discharged.
This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 5122.42(a)(1).
(2)
Anticipated noncompliance.
The permittee shall give advance notice to the Director of any planned changes in the pe rmi t ted facility or activity which may tesult in noncompliance with permit' requirements.
1 (3)
Transters.
TC s pe rmi t is not transferable to any person except after written notice to the Director.
The Director may require modification or revocation L
Page 6 of 19 and reissuance of the permit to change the name of the pe rmittee and incorporate such other requirements as l
may be necessary under the CWA.
i (4)
Monitoring reportq.
Monitoring results shall be. reported at the intervals specitied elsewhere in this permit.
(S)
Twenty-tour nour reporting.
The permittee shall report any noncompliance wnich may endanger health or the environment.
Any information shall be provided orally witnin 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 tne circumstances or the next working day.
1 A written submission shall also be provided within five
]
(5) days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance and its cause; the.
period of noncompliance, including exact dates and 1
times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The following information must be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> (24-hour reporting) or the next working dayi (i)
Any unanticipated bypass which causes a violation of any effluent limitation in the permit; or (ii)
Any upset which causes a violation of any ef fluent l
limitation in the permit; or I
(iii)
Any violation of a maximum daily discharge limitation for any of the pollutants specifically listed by the Director in the permit.
The Director may waive the written report on a case-by-case basis it the oral report has been received within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> or the next working day.
(6)
Other noncompliance.
The permittee shall report all instances of noncompliance not reported under paragraphs (1), (2), and (5), of this section, or not reported in a compliance schedule report ' in the permit conditions,
at the time monitoring reports are submitted.
The reports shall contain the information required in paragraph (1)(5) of this section.
(7)
Other information.
Where the permittee becomes aware that it f ailed to submit any relevant facts in a permit application, or submitted incorrect =information in a pe rmit application or in any report to the Director, it shall promptly submit such facts or information.
e
Page 7 of 19 (m)
Bypass (1)
Definitions.
(i)
" Bypass" means the intentional diversion of waste-streams from any portion of a treatment facility.
(ii)
" Severe property damage" means substantial physical damage to prope rty, damage to the treatment facil-l i
itie's which causes them to become inoperable, or substantial and permanent loss of natural.
resources wnien can reasonably be expected to occur in the absence or a bypass.
Severe property damage does not mean economic loss caused by delays in production.
I (2)
Prohibition of bypass.
]
(i)
Bypass is prohioited, and the Director may take enforcement action against a permittee for bypass, unless all the following conditions occur:-
(A)
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 1
(B)
There were no feasible alternatives to the
{
bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equip-ment downtime.
This condition is not satisfied if adequate backup equipment 1should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;.and (C)
The permittee submitted notices as required under paragraph (m)(3) of this section.
(ii)
The Director may approve an anticipated bypass, at ter considering its adverse ef fects, if the Director determines that it will meet the three conditions listed above in paragraph-(m)(2)(1) of this section.
.j (iii)
Bypass not exceeding limitations.. The.pe rmittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it'also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of paragraph (m)(3) of this section.
L
Page 8 of 19
\\
l (3)
Notice.
(i)
Anticipated bypass.
If the permittee knows in advance of the need for a bypass, it shall submit j
prior notice, if possible at least ten days before the date of the bypass.
(ii)
Unanticipated bypass.
The permittee shall submit notice of an unanticipated bypass as required in paragraph (1)(5) of this section (24-hour notice).
(n)
Upset l
(1)
Definition.
" Upset" means an exceptional incident in which there is unintentional and temporary non-compliance with technology-based permit effluent limitations because of factors beyond the reasonable control of t he pe rmi t tee.
An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment l
facilities, lack of preventive maintenance, o*
careless
(
l or improper operation.
(2)
Ettect ot an upset.
An upset constitutes an affirmative de f e nse to an action brought tor noncompliance with such such technology-based pe rmi t etfluent limitations if J
the requirements of paragraph (n)(3) ot this section l
are met.
No determination mace during administrative l
review of claims that noncompliance was caused by upset, I
and before an action for noncompliance, is final admin-l istrative action subject to judicial review.
(3)
Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(i)
An upset occurred and that the permittee can identify the cause(s) of the upset; (ii)
The permitted f acility was at the time being properly operated; (iii)
The permittee submitted notice of the upset as required in paragraph (1)(5) of this section (24-hour notice); and (iv)
The permittee complied with any remedial measures required under (d) above.
( f. )
Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.
Page 9 of 19 (o)
Change in Discharge All discharges authorized herein shall be consistent with tne te rms and conditions of tnis permit.
The cischarge of any yollutant identitied in this permit more frequently than J
or at a level in excess of that authorized shall constitute a violation of the permit.
Any anticipated facility expansions, production increases, or process modifications which will result in new, difterent, or increased discharges of pollutants reported by submission of a new NPDES application at must be least 180 days prior to commencement of such discharges, or-if such changes will not violate the effluent limitations speci f ied. in this permit, by notice, in writing, to the Director of such changes.
Following such notice, the permit may be modified to specify and limit any pollutants not previously limited.
Until such modification is effective, any new or increased discharge in excess of permit limits or not specifically authorized by the permit constitutes a violation.
(p)
Removed Substances Solids, sludges, filter backwash, or other pollutants-removed in the course of treatment or control of'wastewaters shall be disposed of in a manner consistent with applicable Federal and Stat.e laws and regulations including, but not limited to the CWA anc the Federal Resource Conservation and Recovery Act, 42 U.S.C. SS6901 et seq., and regulations promulgated thereunder.
(q)
Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either:
l l
In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the wastewater control f acilities; or, if such alternative power source is not in existence, and no date for its implementation appears'in Part I, Halt, reduce or otherwise control production and/or all discharges upon the reduction, loss, or failure-of the-primary source of power to the. wastewater control facilities.
(r)
Availability of Reports Except for cata determined to be confidential under paragraph (x) below, all reports prepared.in accordance with the terms of this permit shall be available for public inspection-at i
1 L
j
Page 10 of 19 the offices of the State water pollution control agency and the Regional Administrator.
As required by the CWA, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the in Section imposition of criminal penalties as provided for 309 of the CWA.
(s) oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee trom any responsibilities, liabilities, or penalties t^ which tne permittee is or may be subject uncer Section 311 ot the CbA.
(t) 6 tate Laws Nothing in this pe rmit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the CWA.
(u)
Other Laws The issuance of a permit does not authorize any injury to persons or prope rty or invasion of other private rights, nor does it relieve the permittee of its obligation to comply i
with any other applicable Federal, State, and local laws and regulations.
t (v)
Severability 1
The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of th is pe rmi t to any circumstance, is held invalid, the application of such provision to other circumstances, and tne remainder of this permit, shall not be affected thereby.
(w)
Reopener Clause The Regional Administrator reserves the right to make appro-priate revisions to this permit in order to establish any appropriate eftluent limitations, schedules of compliance, or other provisions which may be authorized under the CWA in order to bring all discharges into compliance with the CWA.
(x)
Confidentiality of In f orma t ion (1)
In accordance with 40 CFR Part 2, any information sub-mitted to EPA pursuant to these regulations may be claimed as confidential by the submitter.
Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions j
1
1 1
I Page 11 of 19 l
or, in the case of other submissions, by stamping the words " confidential business information" on each page containing such information.
If no claim is made at the time of submission, EPA may make the information available to the public without further notice.
If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR Part 2 (Public In f o rm a t io n ).
( 2)
Claims of confidentiality for the following information will be denied:
(i)
The name and address of any permit applicant or permittee; j
(ii)
Pe rmi t applications and permits; and t
(iii)
NPDES effluent data, (3)
Information required by NPDES application forms provided oy the Director under 40 CFR 5122.21 may not be claimed contlaential.
This includes information submitted on the forms themselves and any attachments used to supply information required by the forms.
(y)
Right of Appeal within thirty (30) days of receipt of notice of a final permit decision, the permittee may submit a request to the Regional Administrator for an evidentiary hearing under Subpart E, or a formal hearing under Subpart F, of 40 CFR Part 124, to reconsider or contest that decision.
The request for a hearing must conform to the requirements of 40 CFR S124.74.
DEFINITIONS 1.
For purposes of this permit, the following definitions shall apply.
Administrator meanc the Administrator of the United States Environmental Protection Agency, or an authorized representative.
Applicable standards and limitations means all State, inter-state, and Federal standards and limitations to which a " dis-charge" or a related activity is subject to, including water quality standards, standards of performance, toxic ef fluent standards or prohibitions, "best management practices," and retreatment standards under sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of CWA.
Application means the EPA standard national forms for applying tor a permit, including any additions, revisions or modifica-tions to the forms; or forms approved tMr EPA for use in "aporoved States," including any approved modifications or revisions.
i
Page 12 of 19
~
Average - The' arithmetic mean of values taken at the frequency required for each parameter over the specified period.
For total and/or fecal coliforms, the average shall be the geometric mean.
Average montnly discharge limitation means the highest allow-aole average or " daily discnarges" over a calendar month, calculatsd as tne sum of all caily discharges measured during a calencar month divided by the number of daily discharges measured curing that montn.
Average weekly discharge limitation means the highest allowable average of "caily discharges" over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
Best Management Practices (BMPs) means schedules of activ-ities, prohibitions of practices, maintenance procedures, and otner management practices to prevent or reduce the pollution of " waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, j
or drainage from raw material storage.
Best Professional Judgement (BPJ)_means a case-by-case deter-mination of Best Practicable Treatment (BPT),.Best Available Treatment (BAT) or other appropriate standard based on an j
evaluation of the available technology to achieve a particular pollutant reduction.
q Composite Sample - A sample consisting of a minimum of eight grab samples collected at equal intervals during a 24-hour perioc (or lesser period as specified in the section on Monitoring and Reporting) and combined proportional to flow, or a sample continuously collected proportionally to flow over that same time period.
CWA means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L.92-500, as amended by Pub. L.95-217, Pub. L.95-576, Pub. L. 9 6-483 and Pub. L.97-117; 33 U.S.C. S51251 et seg.
Daily Discharge means the discharge of a pollutant measured during a calendar day or any 24-hours' period that reasonably represents the calendar day for purposes of sampling..For pollutants with limitations expressed in units of mass,-the daily discharge is calculated as the total mass'of the pollu-tant discharged over the day. For pollutants with_ limitations.
expressed in other units of measurements, the daily discharge is calculated-as the average measurement of-the pollutant over the day.
Director means the person authorized to sign NPDES permits by EPA and/or the State.
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l Page 13 of 19
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Discharge Monitoring Report Fo rm (DMR) means the EPA standard I
national f orm, including any subsequent additions, revisions, or modifications, for the reporting of self-monitoring results l
by pe rmittees.
DMRs must be used by " approved States" as well as by EPA.
EPA will supply DMRs to any approved State upon request.. The EPA national f orms may be modified to _
substitute the State Agency name, address, logo, and othe r similar information, as appropriate, in place of EPA's.
Discharge of a pollutant means:
(a)
Any addition of any " pollutant" or combination of l
pollutants to "wate rs of the United States" from any
" point source," or (b)
Any addition of any pollutant or combination of pollutants to the waters ot the " contiguous zone" or the ocean from any point source other than a vessel or other floating craf t which is being used as a means of transportation.
This definition includes additions of pollutants into j
waters of the United States from:
surface runoff j
which is collected or channelled by man; discharges through pipes, sewe rs, or other conveyances owned by a State, municipality, or other person which do not l
lead to a treatment works; and discharges through l
pipes, sewers, or other conveyances leading into privately owned treatment works.
This term does not include an addition of pollutants l
l by any " indirect discharger."
l l
Effluent limitation means any restriction imposed by the Director on quantities, discharge rates, and concentrations of " pollutants" which are " discharged" from " point sources" into " waters of the United States," the waters of the " con-tiguous zone," or tne ocean.
Eftluent limitations guidelines means a regulation published by the Administrator under Section 304(b) of CWA to adopt or revise "ettluent limitations."
EPA means the United States " Environmental protection Agency."
Grab Sample - An individual sample collected in a period of less than 15 minutes.
Hazardous Substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of CWA.
l Indirect Discharger means a non-domestic discharger introducing l
pollutants to a publicly owned treatment works.
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Page 14 of 19 Industrial User means a non-domestic discharger introducing pollutants to a publicly owned treatment works.
Interf erence means an addition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal which is cause of or significantly contributes to either a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory l
I l
provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the I
Clean Water Act, the Solid Waste Disposal Act (SWDA) (including
]
Title II more commonly referred to as the Resource Conservation i
and Recovery Act (RCRA) and including State regulations contained in any State sludge management plan prepared pursuant to sub-title D of the SWDA), the Clean Air Act, ard the Toxic Substance Control Act. An Industrial User significantly contributes to sucn a permit violation or prevention of sludge use or disposal in accorcance with above-cited authorities whenever such User:
1 (a)
Disenarges a caily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State, or local law; j
(b)
Discharges wastewater which substantially dif fers in nature or constituents from the User's average dis-l charge; or (c)
Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a POTW permit violation or prevent sewage sludge use or disposal in accordance with the above-cited authorities as they apply to the POTW's selected method of sludge management.
Maximum daily discharge limitation means the highest allowable
" daily discharge."
Municipality means a city, town, borough, county, parish, 31 strict, association, or other public body created by of under State law and having jurisdiction over disposal or sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribe organization, or a designated and approved management agency under section 208 of CWA.
National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking and reissuing, t e rm i n a t i ng, monitoring and entorcing pe rmits, and imposing and entorcing retreatment requirements, under sections 307, 402, 318, and 405 ot CWA.
The term includes an " approved program."
1 Page 15 of 19 l
l New discharger means any building, structure, facility, or installation:
(a)
From which there is or may be a " discharge of pol-lutants";
(b)
That did not commence the " discharge of pollutants" at a pa rticular " site" prior to August 13, 1979; (c)
Whicn is not a "new source"; and (d)
Which has never received a finally effective NPDES pe rmi t for discharges at that " site".
This definition includes an " indirect discharger" which com-mences discharging into " waters of the United States" after August 13, 1979.
It also includes any existing mobile point (other than an offshore or coastal oil and gas explora-source tory drilling rig or a coastal oil and gas developmental drilling rig) such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a " site" for which it does not have a permit; and any of f shore or coastal mobile oil and gas exploratory drilling i
l rig or coastal mobile oil and gas developmental drilling rig that commences the discharge of pollutants after August 13, l
2979, at a " site" under EPA's permitting jurisdiction for i
which it is not covered by an individual or general permit I
and which is located in an area determined by the Regional Administrator in the issuance of a final permit to be an area of biological concern.
In determining whether an area l
is an area of biological concern, the Regional Administrator shall consider the tactors specifieo in 40 CFR Sections 125.122.(a)(1) through (10).
An ottsnore or coastal mobile exploratory drilling rig or i
l coastal mobile developmental drilling rig will be considered a "new discharger" only tor the duration of its discharge in an area of biological concern.
New source means any building, structure, facility, or instal-lation from which there is or may be a " discharge of pollutants,"
the construction of which commenced:
(a)
After promulgation of standards of performance under section 306 of CWA which are applicable to such (b)
After proposal of standards of performance in accor-dance with Section 306 of CWA which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal.
NPDES means " National Pollutant Discharge Elimination System."
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Page 16 of 19 Owner or operator means the owner or operator of any " f acility or activity" subject to regulation under the NPDES programs.
Pass through means the Discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). An industrial User significantly contributes to such permit violation where it:
(a)
Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State, or local law:
(b)
Discharges wastewater which substantially dif fers in nature a nd constituents from the User's average cisenarye:
(c)
Knows or has reason to know that its Discharge alene or in conjunction with Discharges from other sources
)
would result in a permit violation; or l
(d)
Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in i t s pe rmi t and that such Industrial User's Discharge either alone or in conjuction with Discharges from other sources, increases the magnitude or duration of the POTW's violations.
Permit means an authorization, license, or equivalent control document issued by EPA or an " approved State."
Person means an individual, association, partnership, corpora-tion, municipality, State or Federal agency, or an agent or i
employee thereof.
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Point source means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel, or other floating cratt, from which pollutants are or may be discharged.
This term does not include return flows from l
irrigated agriculture.
Pollutant means creaged spoil, solid waste, incinerator residue, j
filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials I
(except those regulated under the Atomic Energy Act of 1954, as amended ( 4 2 U.S.C.
5S2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
It does not mean:
L -
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Page 17 of 19 (a)
Sewage f rom vessels ; or (b)
Water, gas, or other material which is injected into a well to f acilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if the State determines that the injection or disposal will not result in she degradation of ground or surfact water resources.
Primary industry category means any industry category listed i
in the NRDC settlement agreement (Natural Resources Defense l
Council et al.
v.
Train, 8 E.R.C. 2120 (D.D.C.
1976), modified 12 E.R.C.
1833 (D.D.C.
1979)); also listed in Appendix A of 40 1
CFR Part 122.
Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results trom the production or use of any raw material, intermediate product, finished product, byproduct,or waste product.
Publicly owned Treatment works (POTW) means any facility or system used in the treatment (including recycling and reclama-tion) of municipal sewage or industrial wastes of a liquid j
nature which is owned by a " State" or " municipality." This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
1 Regional Administrator means the Regional Administrator, EPA, Region I,
Boston, Massachusetts.
State means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pac,1fic Islands.
Secondary Industry Category means any industry category which is not a " primary industry category."
Sewage sludge means the solids, residues, and precipitate separated f ran or created in sewage by the unit processes of a " publicly owned treatment works."
" Sewage" as used in this definition means any wastes, including wastes from humans, households, commercial establishments, industries, and storm water runoff, that are discharged to or otherwise enter a publicly owned treatment works.
Toxic pollutant means any pollutant listed as toxic in Appendix D ot 40 CFR Pa rt 122, under Section 307(a)(1) of CWA.
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Page 18 of 19 3
Waters of the United States means:
(a)
All waters which are currently used, were used in the past, or may be susceptible to use in interstate f
or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b)
All i'nterstate waters, including interstate " wetlands."
(c)
All other wate rs such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sancflats, " wetlands," sloughs, prairie potholes, wet I
meadows, playa lakes, or natural ponds the use, degradation, or destruction ot which would affect or could atfect interstate or toreign commerce including l
any such waters:
(1)
Which are or could be used by interstate or foreign travelers for recreational or other purposes-i l
(2)
From which fish or shellfish are or could be taken-and sold in interstate or foreign commerce; or (3)
Which are used or could be used for industrial purposes by industries in interstate commerce; l
(d)
All impoundments of waters otherwise defined as waters 3
of the United States under this definition; (e)
Tributaries of waters identified in paragraphs (a) y (d) of this definition.
,1 (f)
The territorial sea; and
)
(g)
" Wetlands" adjacent to waters (other than waters that l
are themselves wetlancs) identified in paragraphs q
(a) - (f) of this definition.
Wetlands means those areas that are inundated or saturated by surtace or ground water at a frequency and duration suf ficient to support, and that under normal circumstances do support, in a prevalence of vegetation typically adapted for life saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
2.
The following abbreviations, when used, are defined below.
cu. M/ day or M / day cubic meters per day 3
I milligrams per liter mg/l l
1 ug/l micrograms per liter lbs/ day pounds per day L
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Page 19 of 19 kg/ day kilograms per day Temp.
- C tempe ra ture in degrees Centigrace Temp.
'F temperature in degrees Fahrenheit Turb.
turbidity measured by the Nephelometric Method (NTU)
TNFR or TSS total nonfilterable residue or total I
suspended solids DO dissolved oxygen l
BOD five-day biochemical oxygen demand I
unless otherwise specified CBOD carbonaceous BOD TKN total Kjeldahl nitrogen as nitrogen Total N total nitrogen NH -N ammonia nitrogen as nitrogen 3
Total P total phosphorus COD chemical oxygen demand TOC total organic carbon l
Surfactant surface-active agent pH a measure of the. hydrogen ' ion concentration 1
l PCB polychlorinated biphenyl CFS cubic feet per second MGD million gallons per day Oil & Grease Freon extractable material Total Caliform total coliform bacteria Fecal Coliform total fecal coliform bacteria i
ml/l milliliter (s) per liter NO -N nitrate. nitrogen as nitrogen 3
NO -N nitrite nitrogen as nitrogen 2
i combined nitrate and nitrite NU -NO2 3
nitrogen as nitrogen C12 total' residual chlorine L
9 COLKCTED U$NRC l
e l
CERTIFICATE OF SERVICE one of the attorneh E k [ N I,
Kathryn A.
- Selleck, Applicants herein, hereby certify that on December 7, 1987, I made service of the within document. by mailin%Fpppiet,gq:;j,
thereof, postage prepaid to:
00CKEllNG & SERVICf.
BRANCH I
Administrative Judge Sheldon J.
Stephen E. Merrill, Esquire Wolfe, Esquire, Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S.
Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Judge Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel 5500 Friendship Boulevard U.S.
Nuclear Regulatory Apartment 1923N Commission.
Chevy Chase, Maryland 20815 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen Andrea C.
Ferster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W.
Washington, DC 20009 Atomic Safety and Licensing Sherwin E.
Turk, Esquire Board Panel Office of the' Executive Legal U.S.
Nuclear Regulatory Director Commission U.S.
Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105-Philip Ahrens, Esquire Mr.
J.
P.
Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 N-
Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney 25 Maplewood Avenue General P.O.
Box 360 One Ashburton Place, 19th Flr.
l Portsmouth NH 03801 Boston, MA 02108 l
Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J.
Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 l
Senator Gordon J. Humphrey Mr. Peter S.
Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall l
(Attn:
Herb Boynton)
Newburyport, MA 01950 1
Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen l
Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road l
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Federal Emergency Management Brentwood, NH 03833 i
Agency l
500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 l
Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 l
l lL
0 l
=
Charles P.
Graham, Esquire McKay, Murphy and Graham l
100 Main Street Amesbury, MA 01913
.j ist,_
/
Myt'hr n A. Sell'eck l
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