ML25024A135
| ML25024A135 | |
| Person / Time | |
|---|---|
| Site: | Kemmerer File:TerraPower icon.png |
| Issue date: | 01/24/2025 |
| From: | NRC |
| To: | NRC/NMSS/DREFS |
| References | |
| Download: ML25024A135 (27) | |
Text
From:
William Burris Sent:
Friday, January 24, 2025 12:03 PM To:
TerraPower-NSFREnvDocsPUBLICem Resource
Subject:
Wyoming DEQ, Water Quality Division, WYPDES Program, RENEWAL, PacificCorp, Naughton Plant, June 2018, Permit # WY0020311 Attachments:
HYD-12_NPDES-WYPDES PERMIT WY00020311.pdf William K. Burris, P.G.
Environmental Project Manager Environmental Center of Expertise Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Rockville, MD william.burris@nrc.gov 301-415-1621
Hearing Identifier:
TerraPower_NSFREnvDocs_Public Email Number:
11 Mail Envelope Properties (MW4PR09MB8948D893CF30A98DF4DD0BD38DE32)
Subject:
Wyoming DEQ, Water Quality Division, WYPDES Program, RENEWAL, PacificCorp, Naughton Plant, June 2018, Permit # WY0020311 Sent Date:
1/24/2025 12:02:57 PM Received Date:
1/24/2025 12:02:59 PM From:
William Burris Created By:
William.Burris@nrc.gov Recipients:
"TerraPower-NSFREnvDocsPUBLICem Resource"
<TerraPower-NSFREnvDocsPUBLICem.Resource@nrc.gov>
Tracking Status: None Post Office:
MW4PR09MB8948.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 292 1/24/2025 12:02:59 PM HYD-12_NPDES-WYPDES PERMIT WY00020311.pdf 722198 Options Priority:
Normal Return Notification:
No Reply Requested:
No Sensitivity:
Normal Expiration Date:
Statement-of-Basis Page 1 Wyoming Department of Environmental Quality Water Quality Division WYPDES (Wyoming Pollutant Discharge Elimination System) Program STATEMENT OF BASIS RENEWAL APPLICANT NAME:
PacifiCorp MAILING ADDRESS:
PO Box 191 Kemmerer, WY 83101 FACILITY LOCATION:
Naughton Plant, which is located in SWNW Section 33, Township 21N, Range 116W, Lincoln County. The wastewater will discharge to North Fork Little Muddy Creek via an unnamed drainage (3B), Green River Basin.
PERMIT NUMBER:
WY0020311 This permit has been renewed in accordance with current WYPDES permitting requirements. All permit effluent limits and monitoring requirements have been updated in accordance with current WDEQ regulations and policy. Specific changes to the permit include the following:
1.
The facility ceased discharge through outfalls 001 and 002 on December 29, 2017 for compliance with selenium limits. These outfalls are deleted from this permit.
2.
This permit renewal includes one outfall, 003.
Background:
PacifiCorp Naughton Power Plant is a coal-fired steam electric generating plant located south of the Town of Kemmerer, Wyoming. The plant consists of three separate units. Unit #1 is rated at 160 MW and went on line in May 1963; Unit #2 is rated at 220 MW and went on line in October 1968; and Unit #3 is rated at 330 MW and went on line in October 1971.
Wastewater treatment for the plant consists of two settling ponds, now used for evaporation and waste storage. The southernmost pond, former location of outfall 001, accepts all wastewater from Units #1 and
- 2. The northernmost pond, former location of outfall 002, accepts all wastewater from Unit #3.
Outfall 003 discharges cooling tower blowdown, boiler water treatment blowdown, and boiler quench water. As of January 1, 2018, the effluent limit for total selenium is 5 µg/L. The selenium limit imposed precludes discharge of water used for ash transport, hence the discontinuation of outfalls 001 and 002.
The plant is separating waste streams, with ash transport wastewater disposed in the ponds, and the waste streams listed above discharging from outfall 003. The ash ponds associated with former outfalls 001 and 002 are used for evaporation and waste storage.
This facility has cooling water intake structures, requiring compliance with Clean Water Act § 316(b).
Existing facilities with a design intake flow greater than 2 MGD but actual intake flow not greater than 125 MGD, which applies to this facility, must submit permit application information as described in 40 CFR 122.21(r)(2) through (r)(8) and comply with one of the seven impingement best available technologies (BATs) listed per 40 CFR 125.94 (c). Permit application requirements as per 40 CFR TP-LIC-LET-0362
Statement-of-Basis Page 2 122.21(r)(2) through (r)(8) include descriptions and drawings showing the configuration of the source water body used by the plant, a characterization of the source, and location maps. The facility satisfactorily included this with the permit application for this renewal. Also, the facility utilizes an acceptable impingement BAT. The impingement BAT this facility is operating is a closed-cycle recirculating system, as defined in 40 CFR 125.92. A closed-cycle recirculating system passes cooling water through the condenser and other components of the cooling system and reuses the water for cooling multiple times. This is an essentially pre-approved technology requiring no demonstration or only a minimal demonstration that the flow reduction and control measures are functioning as envisioned. This facility is in compliance with the 316(b) requirements.
EFFLUENT LIMITS:
In developing effluent limits, all federal and state regulations and standards have been considered and the most stringent requirements incorporated into the permit. Permit limits are based on technology-based standards and water-quality based standards, as described below.
The permit requires immediate compliance with Best Practical Control Technology (BPT) and Best Available Technology (BAT) limits that are defined in the EPA Effluent Guidelines and Standards for Steam Electric Power Generating Point Source Category, 40 CFR Part 423. In addition, aquatic life standards for the constituents of concern are evaluated to ensure that water-quality standards are not violated.
TECHNOLOGY-BASED EFFLUENT LIMITS: All wastewater streams, except cooling tower blowdown, boiler blowdown, boiler cleaning streams, yard area runoff, and sanitary waste are considered to be low volume waste sources However, constituents requiring control in low volume wastewater sources are the same as for ash transport water.
The constituents requiring control are total suspended solids and oil and grease per 40 CFR Part 423. The permit includes an oil and grease limit of 10 mg/L (daily max) based on Chapter 1, Wyoming Water Quality Rules and Regulations, total suspended solids of 30 mg/L (monthly average) 45 mg/L (weekly average) and 90 mg/L, daily maximum, based on the state of Wyomings determination of Best Available Treatment for similar facilities. These limits are more stringent than the BPT and BAT standards of 40 CFR Part 423, however, the facility has been able to meet these more stringent limits.
Boiler blowdown and boiler cleaning streams require control for the parameters total suspended solids, oil and grease, copper and iron. BPT and BAT (technology-based) limits are Total Copper, 1.0 mg/L (daily max and monthly average) and Total Iron 1.0 mg/L (daily max and monthly average).
Various chemicals are added to the boilers and cooling tower for water treatment. Because phosphorus has been identified as the pollutant which is beginning to create eutrophication problems in Flaming Gorge Reservoir, the permit requires monitoring for total phosphorus.
WATER-QUALITY-BASED EFFLUENT LIMITS: This plant discharges to a Class 3B water, and effluent limits for these constituents are set assuming that the dilution provided by the receiving water is zero. Cooling tower blowdown is the largest portion of wastewater discharged at this plant. The constituent requiring control for cooling tower blowdown is chlorine. The effluent limit for total residual chlorine is set at 0.02 mg/L, the chronic instream standard for total residual chlorine per Chapter 1, Wyoming Water Quality Rules and Regulations. Effluent limits for pH are set at 6.5 to 9.0 standard units, per Chapter 1, Wyoming Water Quality Rules and Regulations. The Federal regulations (40 CFR 423) stipulate that Neither free available chlorine nor total residual chlorine may be discharged from any unit for more than two hours in any one day and not more than one unit in any plant may discharge free TP-LIC-LET-0362
Statement-of-Basis Page 3 available or total residual chlorine at any one time unless the utility can demonstrate to the Regional Administrator or State, if the State has NPDES permit issuing authority, that the units in a particular location cannot operate at or below this level of chlorination. The facility has demonstrated that that the cooling towers biocide procedures operate more efficiently when chlorinating at a constant, lower level, rather than shock chlorinating for two hours per day Therefore, they have DEQ permission to chlorinate for more than two hours per day.
Various chemicals are added to the boilers and cooling tower for water treatment. Because phosphorus has been identified as the pollutant that is beginning to create eutrophication problems in Flaming Gorge Reservoir, the permit requires monitoring for total phosphorus.
Effluent Limits:
COLORADO RIVER BASIN SALINITY: The facility discharges to the Colorado River Basin. The State of Wyoming cooperates with the other states of the Colorado River Basin Salinity Control Forum and the government of the United States to maintain salinity levels in the main stem of the Colorado River. According to Chapter 6 of the Wyoming Water Quality Rules and Regulations, all point sources that discharge to the Colorado River must control the salinity concentration discharged to the surface.
The Colorado River Salinity Control Forum policy states that the salt load reaching the main stem of the Colorado River shall be less than one-ton per day or 366 tons per year. Because the facility discharges to the Colorado River Basin, the permit requires effluent monitoring and limits for total dissolved solids (TDS). This permit requires that the permittee monitor the load (quantity) of salt in the discharge in tons per month. This is calculated utilizing flow and concentration information:
[Total Monthly Flow (MG)]*[Concentration (mg/L)]*[8.34(lb/MG)/mg/L)] = Load (tons/month).
2000 lb/ton The permittee also must report the total salt discharged annually. The facility is unable to meet the 366 ton per year limit, but submitted a cost benefit analysis deeming it cost prohibitive to treat the wastewater to meet the limit. Therefore, the facility is waived from the 366 tons/year TDS limit.
WHOLE EFFLUENT TOXICITY:
This facility uses anti-corrosion and biocide chemicals in the cooling water. Because of the unknown synergistic effects of these toxicants, the permit also includes effluent limits for acute whole effluent toxicity (WET). On a quarterly basis, acute toxicity testing must be performed on two species. Acute toxicity occurs when 50 percent or more mortality is observed at any effluent concentration. Because the immediate receiving streams are effluent-dominated Class 3B, the DEQ determines that monitoring for acute toxicity (mortality) is more appropriate than chronic toxicity (growth and reproduction).
The permit establishes effluent limits for the end of pipe, which are protective of the designated uses for class 3B waters as defined in Chapter 1 of Wyoming Water Quality Rules and Regulations. These include aquatic life other than fish, recreation, agriculture, wildlife, industry and scenic value. Water quality based effluent limits for this permit are based on standards which are intended to protect for the above listed designated uses and reflect the application of "tier 1" antidegradation protection. Tier 1 antidegradation protection is the basic level of protection that applies to all waters of the state, as described in the Wyoming Surface Water Quality Standards "Implementation Policies for Antidegradation."
Antidegradation, impairment review: The discharge of wastewater and the effluent limits established in this permit ensure that the levels of water quality maintain and protect the designated uses of the receiving waters. An antidegradation review verifies that the permit conditions, including the effluent limitations established, provide a level of protection to the receiving water consistent with the antidegradation TP-LIC-LET-0362
Statement-of-Basis Page 4 provisions of Wyoming surface water quality standards. In addition, an evaluation of the receiving waters revealed that they are not on the 303(d) list as waterbodies that cannot support designated uses.
Self-monitoring of effluent quality and quantity is required on a regular basis with reporting of results quarterly. The permit is scheduled to expire on July 31, 2023.
Roland Peterson Water Quality Division Department of Environmental Quality Drafted: February 27, 2018 TP-LIC-LET-0362
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 2 PART I A.
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1.
Effective August 1, 2018 and lasting through July 31, 2023 the quality of effluent discharged by the permittee shall, at a minimum, meet the limitations set forth below.
The permittee is authorized to discharge from outfall serial number(s) 003.
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristic Discharge Limitations Monthly Average Weekly Average Daily Maximum Total Suspended Solids, mg/L 30 45 90 Oil and Grease, mg/L*
N/A N/A 10*
Total Residual Chlorine, mg/L N/A N/A 0.02 Total Copper, mg/L 1.0 N/A 1.0 Total Iron, mg/L 1.0 N/A 1.0 Total Selenium, µg /L N/A N/A 5
- In the event that an oil sheen or floating oil is observed in the discharge, a grab sample shall be immediately taken, analyzed and reported. The sample shall not exceed 10 mg/L.
The pH shall not be less than 6.5 standard units nor greater than 9.0 standard units in any single grab sample.
There shall be no discharge of floating solids or foam in other than trace amounts. Nor shall the discharge have a visible sheen or cause formation of a visible sheen or visible deposits on the bottom or shoreline of the receiving water.
All waters shall be discharged in a manner to prevent erosion, scouring, or damage to stream banks, stream beds, ditches, or other waters of the state at the point of discharge.
Discharges shall not occur in such a manner that will result in violations of Water Quality Rules and Regulations, Chapter 1, Section 15. In addition, there shall be no deposition of substances in quantities that could result in significant aesthetic degradation, or degradation of habitat for aquatic life, plant life or wildlife; or which could adversely affect public water supplies or those intended for agricultural or industrial use.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 3 Monitoring Requirements, Outfall 003 Effluent Characteristic Measurement Frequency Sample Type Flow - MGD Weekly Continuous Oil and Grease*, mg/L Continuous Visible sheen*
Total Suspended Solids, mg/L Weekly Grab Total Copper, mg/L Monthly Grab Total Iron, mg/L Monthly Grab Total Phosphorus, mg/L Monthly Grab pH Weekly Grab Total Residual Chlorine, mg/L Weekly Grab Selenium, Total, µg /L Monthly Grab Total Dissolved Solids, mg/L Monthly Grab Total Dissolved Solids, tons per month Monthly Calculated Total Dissolved Solids, total tons discharged during the calendar year Annually Calculated Duration of Discharge, Days Monthly Report Number Of Days Discharged
- Samples shall not be collected unless a visual sheen is detected. The sample must then comply with the limit listed above.
Samples taken in compliance with the monitoring requirements specified above shall be taken at the outfall from the final treatment unit and prior to admixture with diluent water or the receiving stream.
If the permittee only discharges for three (3) days or less during the month, the no discharge code of Less than 3 days of discharge; Avg not applicable may be used for the monthly and weekly averages in place of a numerical value on the Discharge Monitoring Reports (DMRs).
2.
Effluent Limitations (Toxic Pollutants)
Effective immediately there shall be no acute toxicity in the discharge from outfall numbers 003.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 4 3.
Whole Effluent Testing Starting in the third quarter of calendar year 2018, the permittee shall, at least once each calendar quarter, conduct acute static replacement toxicity tests on a grab sample of the discharge. Quarterly samples shall be collected on a two (2) day progression; i.e., if the first quarterly sample is on a Monday, during the next quarter, sampling shall begin on a Wednesday, etc.
The replacement static toxicity tests shall be conducted in accordance with the procedures set out in accordance with the latest procedures set forth in 40 CFR 136.3 and the "Region VIII EPA NPDES Acute Test Conditions - Static Renewal Whole Effluent Toxicity Tests". In the case of conflicts, the 40 CFR 136.3 document will prevail. The permittee shall conduct an acute 48-hour static toxicity test using Ceriodaphnia dubia and an acute 96-hour static toxicity test using Pimephales promelas.
Acute toxicity occurs when 50 percent or more mortality is observed for either species at any effluent concentration. If more than 10 percent control mortality occurs, the test is not valid. The test shall be repeated until satisfactory control survival is achieved.
If acute toxicity occurs, an additional test shall be conducted within two (2) weeks of the date of when the permittee learned of the test failure. If only one species fails, retesting may be limited to this species. Should acute toxicity occur in the second test, testing shall occur once a month until further notified by the permit issuing authority.
Quarterly test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the end of the reporting calendar quarter (e.g., whole effluent results for the calendar quarter ending March 31, shall be reported with the DMR due April 28, with the remaining reports submitted with DMRs due each July 28, October 28 and January 28). Monthly test results shall be reported along with the DMR submitted for that month. The format for the report shall be consistent with the latest revision of the "Region VIII Guidance for Acute Whole Effluent Reporting", and shall include all chemical and physical data as specified.
If the results for four consecutive quarters of testing indicate no acute toxicity, the permittee may request the permit issuing authority to allow a reduction to quarterly acute toxicity testing on only one species on an alternating basis. The permit issuing authority may approve or deny the request based on the results and other available information without an additional public notice. If the request is approved, the test procedures are to be the same as specified above for the test species.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 5 4.
Toxicity Reduction Evaluation (TRE)
Toxicity Identification Evaluation (TIE)
Should acute toxicity and/or chronic toxicity be detected in the permittee's discharge, a TIE-TRE shall be undertaken by the permittee to establish the cause of the toxicity, locate the source(s) of the toxicity, and develop control of, or treatment for the toxicity.
Failure to initiate, or conduct an adequate TIE-TRE, or delays in the conduct of such tests, shall not be considered a justification for noncompliance with the whole effluent toxicity limits contained in Part I.A.2. of this permit. A TRE plan needs to be submitted to the permitting authority within 45 days after confirmation of the continuance of effluent toxicity.
5.
Chronic Toxicity Limitation-Reopener Provision This permit may be reopened and modified (following proper administrative procedures) to include chronic whole effluent toxicity limitations if any other information or data are developed indicating that chronic whole effluent toxicity limits are needed as required under 40 CFR 122.44 (d).
If acceptable to the permit issuing authority, and if in conformance with current regulations, this permit may be reopened and modified to incorporate TRE conclusions relating to additional numerical limitations, a modified compliance schedule, and or modified whole effluent protocol.
B.
COOLING WATER INTAKE STRUCTURES. This facility has cooling water intake structures, requiring compliance with Clean Water Act 316(b). The impingement best available technology (BAT) this facility is operating is a closed-cycle recirculating system, as defined in 40 CFR 125.92.
C.
MONITORING AND REPORTING 1.
Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and approval by, the permit issuing authority.
2.
Reporting Effluent monitoring results obtained during the previous three month(s) shall be summarized and reported on a Discharge Monitoring Report Form. If the permit requires whole effluent toxicity (WET) (biomonitoring) testing, WET test results must be reported on the most recent version of EPA Region 8 Guidance for Whole Effluent Reporting.
Legible copies of these, and all other reports required herein, shall be signed and certified in accordance with the Signatory Requirements (see Part II.A.11.), and submitted to the state water pollution control agency at the following address. The reports must be received by the agency no later than the 28th day of the month following the completed reporting period. The first report is due October 28, 2018.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 6 Wyoming Department of Environmental Quality Water Quality Division 200 West 17th Street Cheyenne, WY 82002 Telephone: (307) 777-7781 If no discharge occurs during the reporting period, "no discharge" shall be reported. If discharge is intermittent during the reporting period, sampling shall be done while the facility is discharging.
3.
Definitions Concentration Values a.
Daily Maximum (mg/L) - The highest single reading from any grab or composite sample collected during the reporting period.
b.
Monthly Average (mg/L) - The arithmetic mean (geometric mean in the case of fecal coliform and E. coli) of all composite and/or grab samples collected during a calendar month.
c.
Weekly Average (mg/L) - The arithmetic mean (geometric mean in the case of fecal coliform and E. coli) of all composite and/or grab samples collected during any week. A week begins at 12:01 a.m. Sunday morning and ends at 12:00 midnight Saturday evening.
Quantity Values d.
Daily Maximum - The highest single daily quantity reading (see Calculations below) recorded during the reporting period.
e.
Monthly Average - The arithmetic mean (geometric mean in the case of fecal coliform and E. coli bacteria) of all the daily quantity readings (see Calculations below) recorded during a calendar month.
f.
Weekly Average - The arithmetic mean (geometric mean in the case of fecal coliform and E. coli bacteria) of all the daily quantity readings (see Calculations below) recorded during a week. A week begins at 12:01 a.m. Sunday morning and ends at 12:00 midnight Saturday evening.
Flow Values g.
Daily Flow - The flow volume recorded on any single day. The daily flow volume may be determined by using an instantaneous reading (if authorized by this permit) or a continuous recorder.
h.
Daily Maximum Flow - The highest single daily flow reading recorded during a reporting period.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 7 i.
Monthly Average Flow - The arithmetic mean of all daily flow values recorded during a calendar month.
j.
Weekly Average Flow - The arithmetic mean of all daily flow values recorded during a week. A week begins at 12:01 am on Sunday morning and ends at 12:00 midnight Saturday evening.
Calculations k.
Daily Quantity (kg/day) - The quantity, in kilograms per day, of pollutant discharged on a single day. The Daily quantity shall be calculated by multiplying the composite or grab sample concentration value for that day in milligrams/liter (mg/L) times the flow volume (in millions of gallons per day - MGD) for that day times 3.78. If a flow volume reading for the day the sample is collected is not available, the average flow volume reading for the entire reporting period shall be used.
l.
Daily Quantity (#/day) - The quantity, in number per day, of bacteria or other pollutants discharged on a single day. The number per day shall be calculated by multiplying the composite or grab sample result for that day, in number per 100 milliliters (#/100 ml), times the flow volume (in millions of gallons per day -
MGD) times 3.78 X 107. If a flow volume reading for the day the sample is collected is not available, the average flow volume reading for the entire reporting period shall be used.
m.
Geometric Mean - Calculated in accordance with the procedure described in the most recent edition of "Standard Methods for the Examination of Water and Wastewater".
Miscellaneous n.
A "composite" sample, for monitoring requirements, is defined as a minimum of four (4) grab samples collected at equally spaced two (2) hour intervals and proportioned according to flow.
o.
An "instantaneous" measurement for monitoring requirements is defined as a single reading, measurement, or observation.
p.
"MGD", for monitoring requirements, is defined as million gallons per day.
q.
"Net" value, if noted under Effluent Characteristics, is calculated on the basis of the net increase of the individual parameter over the quantity of that same parameter present in the intake water measured prior to any contamination or use in the process of this facility. Any contaminants contained in any intake water obtained from underground wells shall not be adjusted for as described above and, therefore, shall be considered as process input to the final effluent. Limitations in which "net" is not noted are calculated on the basis of gross measurements of each parameter in the discharge, irrespective of the quantity of those parameters in the intake waters.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 8 r.
A "pollutant" is any substance or substances that, if allowed to enter surface waters of the state, causes or threatens to cause pollution as defined in the Wyoming Environmental Quality Act, Section 35-11-103.
4.
Test Procedures Test procedures for the analysis of pollutants, collection of samples, sample containers, sample preservation, and holding times, shall conform to regulations published pursuant to 40 CFR, Part 136, unless other test procedures have been specified in this permit.
5.
Recording of Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information:
a.
The exact place, date and time of sampling; b.
The dates and times the analyses were performed; c.
The person(s) who performed the analyses and collected the samples; d.
The analytical techniques or methods used; and e.
The results of all required analyses including the bench sheets, instrument readouts, computer disks or tapes, etc., used to determine the results.
6.
Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form. Such increased frequency shall also be indicated.
7.
Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the administrator at any time. Data collected on site, copies of Discharge Monitoring Reports and a copy of this WYPDES permit must be maintained on site during the duration of activity at the permitted location.
8.
Penalties for Tampering The Act provides that any person who falsifies, tampers with or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two (2) years per violation, or both.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 9 9.
Compliance Schedules Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of this permit shall be submitted no later than 14 days following each schedule date.
10.
Location of Discharge Points Table 1: WY0020311 Naughton Plant Out-fall Qtr/Qtr SEC-TION TWP (N)
RNG (W)
LATITUDE LONGITUDE Drainage /
Description 003*
SWNE 33 21 116 41.75560
-110.58743 North Fork Little Muddy Creek via an unnamed drainage (3B), Green River Basin
- Outfall location provided by permittee, 1/30/2018 TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 10 PART II A.
MANAGEMENT REQUIREMENTS 1.
Changes The permittee shall give notice to the administrator of the Water Quality Division as soon as possible of any physical alterations or additions to the permitted facility. Notice is required when:
a.
The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source as determined in 40 CFR 122.29 (b); or b.
The alteration or addition could change the nature or increase the quantity of pollutants discharged.
2.
Noncompliance Notification a.
The permittee shall give advance notice of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
b.
The permittee shall report any noncompliance which may endanger health or the environment as soon as possible, but no later than 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 first became aware of the circumstances. The report shall be made to the Water Quality Division, Wyoming Department of Environmental Quality at (307) 777-7781.
c.
For any incidence of noncompliance, including noncompliance related to non-toxic pollutants or non-hazardous substances, a written submission shall be provided within five (5) days of the time that the permittee becomes aware of the noncompliance circumstance.
The written submission shall contain:
(1)
A description of the noncompliance and its cause; (2)
The period of noncompliance, including exact dates and times; (3)
The estimated time noncompliance is expected to continue if it has not been corrected; and (4)
Steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.
d.
The following occurrences of unanticipated noncompliance shall be reported by telephone to the Water Quality Division, Watershed Management Section, WYPDES Program (307) 777-7781 as soon as possible, but no later than 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 first became aware of the circumstances.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 11 (1)
Any unanticipated bypass which exceeds any effluent limitation in the permit; (2)
Any upset which exceeds any effluent limitation in the permit; or (3)
Violation of a maximum daily discharge limitation for any toxic pollutants or hazardous substances, or any pollutants specifically identified as the method to control a toxic pollutant or hazardous substance listed in the permit.
e.
The administrator of the Water Quality Division may waive the written report on a case-by-case basis if 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 /> by the Water Quality Division, WYPDES Program (307) 777-7781.
f.
Reports shall be submitted to the Wyoming Department of Environmental Quality at the address in Part I under Reporting and to the Planning and Targeting Program, 8ENF-PT, Office of Enforcement, Compliance, and Environmental Justice, U.S. EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.
g.
The permittee shall report all instances of noncompliance that have not been specifically addressed in any part of this permit at the time the monitoring reports are due.
3.
Facilities Operation 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 permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of the permit. However, the permittee shall operate, as a minimum, one complete set of each main line unit treatment process whether or not this process is needed to achieve permit effluent compliance.
4.
Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the state resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge.
5.
Bypass of Treatment Facilities a.
Bypass means the intentional diversion of waste streams from any portion of a treatment facility.
b.
The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 12 paragraphs c. and d. of this section. Return of removed substances to the discharge stream shall not be considered a bypass under the provisions of this paragraph.
c.
Notice:
(1)
Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice at least 60 days before the date of the bypass.
(2)
Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required under Part II.A.2.
d.
Prohibition of bypass.
(1)
Bypass is prohibited and the administrator of the Water Quality Division may take enforcement action against a permittee for a bypass, unless:
(a)
The bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (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 equipment downtime.
This condition is not satisfied if adequate back-up equipment should have been installed 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 c.
of this section.
e.
The administrator of the Water Quality Division may approve an anticipated bypass, after considering its adverse effects, if the administrator determines that it will meet the three conditions listed above in paragraph d. (l) of this section.
6.
Upset Conditions a.
Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improper designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
b.
An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this section are met.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 13 c.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
(1)
An upset occurred and that the permittee can identify the cause(s) of the upset; (2)
The permitted facility was at the time being properly operated; (3)
The permittee submitted notice of the upset as required under Part II.A.2; and (4)
The permittee complied with any remedial measures required under Part II.A.4.
d.
Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
7.
Removed Substances Solids, sludges, filter backwash or other pollutants removed in the course of treatment or control of wastewaters or intake waters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the state.
8.
Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either:
a.
In accordance with a schedule of compliance contained in Part I, provide an alternative power source sufficient to operate the wastewater control facilities; or b.
If such alternative power source as described in paragraph a. above is not in existence and no date for its implementation appears in Part I, take such precautions as are necessary to maintain and operate the facility under its control in a manner that will minimize upsets and insure stable operation until power is restored.
9.
Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the federal act and the Wyoming Environmental Quality Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. The permittee shall give the administrator of the Water Quality Division advance notice of any planned changes at the permitted facility or of any activity which may result in permit noncompliance.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 14 10.
Duty to Mitigate The permittee shall take all reasonable 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.
11.
Signatory Requirements All applications, reports or information submitted to the administrator of the Water Quality Division shall be signed and certified.
a.
All permit applications shall be signed as follows:
(1)
For a corporation: by a responsible corporate officer; (2)
For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; (3)
For a municipality, state, federal or other public agency: by either a principal executive officer or ranking elected official.
b.
All reports required by the permit and other information requested by the administrator of the Water Quality Division shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1)
The authorization is made in writing by a person described above and submitted to the administrator of the Water Quality Division; and (2)
The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position.
c.
If an authorization under paragraph II.A.11.b. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph II.A.11.b must be submitted to the administrator of the Water Quality Division prior to or together with any reports, information or applications to be signed by an authorized representative.
d.
Any person signing a document under this section shall make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 15 system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
B.
RESPONSIBILITIES 1.
A.
Providing Access The permittee shall allow Department of Environmental Quality personnel and their invitees to enter the premises where the facility is located, or where records are kept under the conditions of this permit, and collect resource data as defined by Wyoming Statute § 6-3-414, inspect and photograph the facility, collect samples for analysis, review records, and perform any other function authorized by law or regulation. The permittee shall secure and maintain such access for the duration of the permit.
If the facility is located on property not owned by the permittee, the permittee shall also secure and maintain from the landowner upon whose property the facility is located permission for Department of Environmental Quality personnel and their invitees to enter the premises where a regulated facility is located, or where records are kept under the conditions of this permit, and collect resource data as defined by Wyoming Statute § 6 414, inspect and photograph the facility, collect samples for analysis, review records, and perform any other function authorized by law. The permittee shall secure and maintain such access for the duration of the permit.
If the facility cannot be directly accessed using public roads, the permittee shall also secure and maintain permission for Department of Environmental Quality personnel and their invitees to enter and cross all properties necessary to access the facility. The permittee shall secure and maintain such access for the duration of the permit.
B.
Access Records The permittee shall maintain in its records documentation that demonstrates that the permittee has secured permission for Department of Environmental Quality personnel and their invitees to access the permitted facility, including (i) permission to access the land where the facility is located, (ii) permission to collect resource data as defined by Wyoming Statute § 6-3-414, and (iii) permission to enter and cross all properties necessary to access the facility if the facility cannot be directly accessed from a public road. The permittee shall also maintain in its records a current map of the access route(s) to the facility and contact information for the owners or agents of all properties that must be crossed to access the facility. The permittee shall ensure that the documentation, map, and contact information are current at all times. The permittee shall provide the documentation, map, and contact information to Department of Environmental Quality personnel upon request. Upon termination of the permit, the permittee shall maintain such records for a period of three (3) years.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 16 2.
Transfer of Ownership or Control In the event of any change in control or ownership of facilities from which the authorized discharges emanate, the permittee shall notify the succeeding owner or controller of the existence of this permit by letter, a copy of which shall be forwarded to the regional administrator of the Environmental Protection Agency and the administrator of the Water Quality Division. The administrator of the Water Quality Division shall then provide written notification to the new owner or controller of the date in which they assume legal responsibility of the permit. The permit may be modified or revoked and reissued to change the name of the permittee and incorporate such other requirements as described in the federal act.
3.
Availability of Reports Except for data determined to be confidential under Section 308 of the federal act, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Wyoming Department of Environmental Quality and the regional administrator of the Environmental Protection Agency. As required by the federal act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the federal act.
4.
Toxic Pollutants The permittee shall comply with effluent standards or prohibitions established under Section 307 (a) of the federal act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement.
5.
Changes in Discharge of Toxic Substances Notification shall be provided to the administrator of the Water Quality Division as soon as the permittee knows of, or has reason to believe:
a.
That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels":
(1)
One hundred micrograms per liter (100 g/l);
(2)
Two hundred micrograms per liter (200 g/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 g/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3)
Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21 (g)
(7); or TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 17 (4)
The level established by the director of the Environmental Protection Agency in accordance with 40 CFR 122.44 (f).
b.
That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels":
(1)
Five hundred micrograms per liter (500 g/l);
(2)
One milligram per liter (1 mg/1) for antimony; (3)
Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21 (g)
(7); or (4)
The level established by the director of the Environmental Protection Agency in accordance with 40 CFR 122.44 (f).
6.
Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. As long as the conditions related to the provisions of "Bypass of Treatment Facilities" (Part II.A.5), "Upset Conditions" (Part II.A.6), and "Power Failures" (Part II.A.8) are satisfied then they shall not be considered as noncompliance.
7.
Need to Halt or Reduce Activity 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 permitted activity in order to maintain compliance with the conditions of this permit.
8.
Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the permittee is or may be subject under Section 311 of the federal act.
9.
State Laws Nothing in this permit 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 or federal law or regulation. In addition, issuance of this permit does not substitute for any other permits required under the Clean Water Act or any other federal, state, or local law.
10.
Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 18 or any invasion of personal rights nor any infringement of federal, state or local laws or regulations.
11.
Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The application should be submitted at least 180 days before the expiration date of this permit.
12.
Duty to Provide Information The permittee shall furnish to the administrator of the Water Quality Division, within a reasonable time, any information which the administrator may request to determine 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 administrator, upon request, copies of records required by this permit to be kept.
13.
Other Information When the permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or any report to the administrator of the Water Quality Division, it shall promptly submit such facts or information.
14.
Permit Action This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 19 PART III A.
OTHER REQUIREMENTS 1.
Flow Measurement At the request of the administrator of the Water Quality Division, the permittee must be able to show proof of the accuracy of any flow measuring device used in obtaining data submitted in the monitoring report. The flow measuring device must indicate values of within plus or minus ten (10) percent of the actual flow being measured.
2.
208(b) Plans This permit may be modified, suspended or revoked to comply with the provisions of any 208(b) plan certified by the Governor of the State of Wyoming.
3.
Reopener Provision This permit may be reopened and modified (following proper administrative procedures) to include the appropriate effluent limitations (and compliance schedule, if necessary) or other appropriate requirements if one or more of the following events occurs:
a.
The state water quality standards of the receiving water(s) to which the permittee discharges are modified in such a manner as to require different effluent limits than contained in this permit; b.
A total maximum daily load (TMDL) and/or watershed management plan is developed and approved by the state and/or the Environmental Protection Agency which specifies a wasteload allocation for incorporation in this permit; c.
A revision to the current water quality management plan is approved and adopted which calls for different effluent limitations than contained in this permit; d.
Downstream impairment is observed and the permitted facility is contributing to the impairment; e.
The limits established by the permit no longer attain and/or maintain applicable water quality standards; f.
The permit does not control or limit a pollutant that has the potential to cause or contribute to a violation of a state water quality standard.
g.
If new applicable effluent guidelines and/or standards have been promulgated and the standards are more stringent than the effluent limits established by the permit.
h.
In order to protect water quality standards in neighboring states, effluent limits may be incorporated into this permit or existing limits may be modified to ensure that the appropriate criteria, water quality standards and assimilative capacity are attained.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 20 4.
Permit Modification After notice and opportunity for a hearing, this permit may be modified, suspended or revoked in whole or in part during its term for cause including, but not limited to, the following:
a.
Violation of any terms or conditions of this permit; b.
Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; c.
A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d.
If necessary to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b) (2) (C) and (D), 304 (b) (2) and 307 (a) (2) of the federal act, if the effluent standard or limitation so issued or approved:
(1)
Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or (2)
Controls any pollutant not limited in the permit.
5.
Toxicity Limitation - Reopener Provision This permit may be reopened and modified (following proper administrative procedures) to include a new compliance date, additional or modified numerical limitations, a new or different compliance schedule, a change in the whole effluent protocol or any other conditions related to the control of toxicants if one or more of the following events occur:
a.
Toxicity was detected late in the life of the permit near or past the deadline for compliance; b.
The toxicity reduction evaluation (TRE) results indicate that compliance with the toxic limits will require an implementation schedule past the date for compliance and the permit issuing authority agrees with the conclusion; c.
The TRE results indicate that the toxicant(s) represent pollutant(s) that may be controlled with specific numerical limits and the permit issuing authority agrees that numerical controls are the most appropriate course of action; d.
Following the implementation of numerical controls on toxicants, the permit issuing authority agrees that a modified whole effluent protocol is necessary to compensate for those toxicants that are controlled numerically; e.
The TRE reveals other unique conditions or characteristics which, in the opinion of the permit issuing authority, justify the incorporation of unanticipated special conditions in the permit.
TP-LIC-LET-0362
WY0020311 RENEWAL-1-30-18 INDI Page 21 6.
Severability The provisions of this permit are severable and if any provision of this permit, or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit, shall not be affected thereby.
7.
Penalties for Falsification of Reports The federal act provides that any person who knowingly makes any false statement, representation or certification 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 than $10,000 per violation or by imprisonment for not more than two years per violation or both.
TP-LIC-LET-0362