ML25233A107

Transmittal of the Kansas Water Pollution Control Permit and Authorization to Discharge Under the National Pollution Discharge Elimination System

ML25233A107
Person / Time
Site:	Wolf Creek
Issue date:	08/21/2025
From:	Hamman D Wolf Creek
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
001116
Download: ML25233A107 (1)

Text

P.O. Box 411 l Burlington, KS 66839 l 620-364-8831 Dustin T. Hamman Director Nuclear and Regulatory Affairs August 21, 2025 001116 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001

Subject:

Docket No. 50-482: Transmittal of the Kansas Water Pollution Control Permit and Authorization to Discharge under the National Pollution Discharge Elimination System for Wolf Creek Generating Station Commissioners and Staff:

In accordance with Wolf Creek Generating Station (WCGS) Renewed Facility License No.

NPF-42, Appendix B Section 3.2, the enclosure to this letter provides a copy of the National Pollution Discharge Elimination System (NPDES) permit for WCGS. This permit is effective August 1, 2025, through July 31, 2030.

There are no commitments contained in this correspondence. If you have any questions concerning this matter, please contact me at (620) 364-4204.

Sincerely, Dustin T. Hamman DTH/jkt

Enclosure:

Kansas Permit No. I-NE07-PO02 (21 pages) cc:

A. N. Agrawal (NRC), w/e S. S. Lee (NRC), w/e J. D. Monninger (NRC), w/e Senior Resident Inspector (NRC), w/e WC Licensing Correspondence - RA 25-001116, w/e 01D.104 W o If Cree k~T~

(;}~

Nuclear Operating Corporation

Enclosure to 001116 Kansas Permit No.: I-NE07-PO02 Federal Permit No.: KS0079057 Kansas Water Pollution Control Permit and Authorization to Discharge Under the National Pollution Discharge Elimination System for Wolf Creek Generating Station (21 pages)

Kansas Permit No.: I-NE07-PO02 Federal Permit No.: KS0079057 KANSAS WATER POLLUTION CONTROL PERMIT AND AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Pursuant to the Provisions of Kansas Statutes Annotated 65-164 and 65-165, the Federal Water Pollution Control Act as amended, (33 U.S.C. 1251 et seq.; the "Act"),

Owner:

Owner's Address:

Facility Name:

Facility Location:

Receiving Stream:

Wolf Creek Nuclear Operating Corporation*

• Refer to Supplemental Condition No. 15.

P.O. Box 411 Burlington, Kansas 66839 Wolf Creek Generating Station 1550 Oxen Lane, NE Burlington, Kansas 66839 Neosho River via Wolf Creek via Wolf Creek Cooling lmpoundment (aka - Coffey County Lake), Neosho River Basin is authorized to discharge from the wastewater treatment facility described herein, in accordance with effluent limitations and monitoring requirements as set forth herein.

This permit is effective August 1, 2025, supersedes the previously issued Water Pollution Control Permit No. I-NE07-PO02 and expires July 31, 2030.

FACILITY DESCRIPTION: The station consists of a pressurized nuclear reactor steam supply system and an electric turbine-generator. The nuclear steam supply system is comprised of a reactor vessel and four primary coolant loops, each with a reactor coolant pump and steam generator. The net turbine generator output is a nominal 1,250 MWe. Wastewater discharge consists of circulating water, radwaste system, service and essential service water discharge via the essential service water discharge. The Wolf Creek cooling impoundment was created to provide source water storage for routine operations to serve as a heat sink for cooling purposes (cooling lake) and was designed to provide an emergency water source to enable a safe emergency shutdown of the nuclear reactor in the event the Wolf Creek Cooling lmpoundment dam were to fail.

Continued on next page Secretary, Kansas Department of Health and Environment July 24, 2025 Date

FACILITY DESCRIPTION: (Continued)

Kansas Permit No.: I-NE07-PO02 Page 2 of 21 001 X SE1/4 Section 6, Township 21 S, Range 16E: Two cell domestic waste stabilization pond is intermittently discharged on as needed basis into a slough of the Wolf Creek Cooling lmpoundment (WCCI); 1.25 mgd discharge rate when discharging. Latitude: 38.25033; Longitude: -95.68078 002X NE1/4 Section 7, Township 21S, Range 16E: Stormwater runoff through oil water separator and outfall 002A constituents into WCCI ; 0.070 mgd. Latitude: 38.23584; Longitude: -95.69205 002A During equipment repair or inspection and/or plant outage, oily waste and other power block sumps; miscellaneous leaks and drain down from various systems routed to the power block sumps and/or storm drains; auxiliary boiler and steam generator drain downs; and groundwater, circulating, service, essential service water, are rerouted through an oil/water separator.

003X NE1/4 Section 7, Township 21S, Range 16E: Receives circulating water, service water and discharge from 003A and 003B; oxidation; oil interceptor; sampling occurs at locations representative of the discharge, subject to operational and security controls; 715 mgd.

Latitude: 38.24145; Longitude: -95.69279 003A Radioactive wastewater processed through filters, demineralizers at a location representative of the discharge, and RO to the secondary liquid waste monitoring tanks A & Band/or A & B waste monitoring tanks as batch releases to WCCI; continuous steam generator (S/G) blowdown to WCCI; 0.300 mgd.

003B Water treatment plant and wastewater treatment system discharge including: oily waste and other power block sumps; demineralizer regenerate; miscellaneous leaks and drain down from various system routed to power block sumps; auxiliary boiler and SIG drain down; groundwater; circulating, service, essential service and (biocide) treated fire protection water reroutes; and pre-sedimentation sludge and neutralized chemical cleaning back washes from RO and electro-deionization (EDI) units; treatment-oil interceptor, neutralization, settling; 0.195 mgd = intermittent.

004A NW1/4 Section 29, Township 21S, Range 16E: Intermittent discharge from the Wolf Creek Cooling lmpoundment at the main dam; 2.9 mgd. Latitude: 38.19324; Longitude: -95.67654 005A SE 1/4 Section 6, Township 21 S, Range 16E: Lime sludge pond discharge of rerouted wastewater from outfall 003B when needed, to WCCI - 5.8 mgd.

006A SE1/4 Section 8, Township 21S, Range 16E: Essential service water system discharge to WCCI during routine operations; disinfection, oxidation; 32.4 mgd. Latitude: 38.23369; Longitude: -95.67456 007X Monitoring Location at the Circulating Water Intake Structure (CWIS).

Latitude: 38.235628, Longitude: -95.684113 008X SE 1/4 Section 8, Township 21S, Range 16E: Overflow of earthen settling basins when sediment accumulations are dredged from the Auxiliary Cooling Water Intake Structure area and from the Ultimate Heat Sink area to maintain hydraulic capacity for emergency facility operations.

Eisenhower Learning Center, NE 1/4 Section 35, Township 20S, Range 15E: Three-cell non-overflowing domestic wastewater stabilization lagoon. Latitude: 38.27239; Longitude: -95.71760 Cooling Water: Wolf Creek Generating Station (WCGS) obtains its water supply from two sources. WCGS obtains potable water from the Rural Water District No. 3 and uses it for potable water supply purposes. In addition, river water is taken in from the Neosho River/John Redmond Reservoir and provides makeup water to the Wolf Creek cooling impoundment (WCCI), a.k.a. Coffey County Lake. KDHE has determined the water intake structure located on the Neosho River is a water supply intake for the WCCI and not a cooling water intake structure subject to 3I6(b) technology-based regulations. The WCCI supplies process and cooling water to the WCGS. Approximately 765 mgd of river water from the WCCI is used in the WCGS cooling water and process unit systems.

Based on the EPA Cooling Water Intake Structure regulations, the WCCI cooling water intake structure (CWIS) that provides water supply to the WCGS is subject to the provisions of Federal Clean Water Act Section 316(b) regulations and 40 CFR Part 125 Subpart J - for Existing Facilities. WCGS utilizes a single CWIS that withdraws water from the WCCI, a Water of the United States; the CWIS has a design intake flow (DIF) of greater than 800 MGD; with an actual intake flow (AIF) of 765 MGD; and greater than 25 percent (approximately 100 percent) of the CWIS water is used for cooling water purposes for the WCGS. As such, WCGS is subject to the Clean Water Act 316(b) provisions.

A.

EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Kansas Permit No.: I-NE07-PO02 Page 3 of 21 The permittee is authorized to discharge from outfall(s) with serial number(s) as specified in this permit. The effluent limitations shall become effective on the dates specified herein. Such discharges shall be controlled, limited, and monitored by the permittee as specified. There shall be no discharge of floating solids or visible foam in other than trace amounts.

Discharge Monitoring Reports (DMRs) shall be submitted monthly on or before the 28th day of the following month. In the event no discharge occurs, written notification is still required.

002X - Discharge of Oil Water Separator into Wolf Creek Cooling lmpoundment The permittee is authorized to discharge from the above named outfall in accordance with the conditions as specified herein. The discharge shall not cause a violation of Kansas Surface Water Quality Standards, K.A.R. 28-16-28b through 28-16-28e. The permittee shall not discharge the following:

a.

oil or grease in concentrations which cause any visible film or sheen to form upon the surface of the receiving water;

b.

oil or grease which causes a sludge or emulsion to be deposited beneath the surface of the receiving water, upon submerged substrate, or upon adjoining shorelines;

c.

turbidity or color producing substances causing any change in the natural appearance of the stream or water body;

d.

substances in the wastewater which cause objectionable odors in the vicinity of the receiving water;

e.

floating debris, scum, foam, froth, or other floating material in other than trace amounts; or

f.

materials which create deposits of sludge or fine solids causing aesthetic or environmental concerns downstream of the outfall.

The permittee shall, at a minimum, inspect the outfall and receiving stream(s) quarterly to ensure compliance with the above Water Quality Standards. The permittee shall maintain a log documenting the results of any monitoring or inspections performed and shall provide the log to KDHE staff for review upon request.

Any violation of the above general Water Quality Standards shall be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery, to either the Kansas Department of Health and Environment, Division of Environment at (785) 296-5517 or the appropriate KDHE District Office followed by a letter, within 5 days of discovery, explaining the cause of the water quality violation, the actions taken to correct the violation, and actions taken to prevent recurrence.

MONITORING Effective Date EFFLUENT LIMITATIONS Final Upon Issuance REQUIREMENTS Outfall Number and Effluent Parameter(s) Units Monthly Daily Measurement Sample Average Maximum Frequency lY.12.§.

001X - Two Cell Domestic Wastewater Stabilization Pond Discharge to the Slough(1)

Flow - MGD Monitor Month1y(2)

Total Suspended Solids-mg/I 80 120 Monthly(2)

BODs - mg/I 30 45 Monthly(Z)

E-Coli Bacteria - cfu/100 ml Monitor(G)

Monitor(G) 2x/Month(2) pH - Standard Units Monitor Monthly(2)

Estimate grab grab grab grab

Kansas Permit No.: I-NE07-PO02 Page 4 of 21 A.

EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued)

MONITORING Effective Date EFFLUENT LIMITATIONS Final Upon Issuance REQUIREMENTS Outfall Number and Effluent Parameter(s) Units Monthly Daily Measurement Sample Average Maximum Frequency lY..P.§.

002A - Oil Water Separator Discharge Over Weir into Culvert (3) and 0038 - Water and Wastewater Treatment Plant Discharge into Circ. Water System Discharge and 005A - Lime Sludge Pond Discharge to Wolf Creek Cooling lmpoundment Flow-mgd Monitor Daily Weir Total Suspended Solids - mg/I 30 100 2x/Month(2) grab Oil and Grease - mg/I 10 15 2x/Month(2),(3) grab pH - standard units Between 6.0 and 9.0*

2x/Month(2) grab

• The pH limits do not apply to Outfall 005A 002Y - Oil Water Separator Discharge Over Weir into Culvert and 003Y - Water and Wastewater Treatment Plant Discharge into Circ. Water System Discharge Priority Pollutant Scan - once See Supplemental Condition No. 27.

003X - Circulating Water System Discharge into Wolf Creek Cooling lmpoundment (4)

Flow-MGD Monitor 2x/Month(2)

Estimate Temperature -

0c Monitor Monitor 2x/Month(2) sensor Total Residual Oxidant(5) - mg/I 0.2 2x/Month(2) grab pH - Standard Units Between 6.0 and 9.0 2x/Month(2) grab 003A - Discharge of Radiation Waste and Steam Generator Slowdown into Circulating Water Flow - MGD Monitor Monthly Estimate Total Suspended Solids-mg/I 30 100 Monthly grab 003P - Discharge of Radiation Waste and Steam Generator Slowdown into Circulating Water Priority Pollutant Scan - once See Supplemental Condition No. 27 004A - Cooling lmpoundment Discharge to Wolf Creek (7) or 004D - Dipped Sample, Cooling lmpoundment Discharge to Wolf Creek (7)

Flow - MGD Monitor 2x/Month(2)

Temperature -

0c pH - Standard Units Whole Effluent Toxicity Metals (Attachment B)

Monitor between 6.0 and 9.0 See Supplemental Condition # 1 Monitor 2x/Month(2) 2x/Month(2)

Annua11y{2),(7)

Estimate grab grab grab

Kansas Permit No.: I-NE07-PO02 Page 5 of 21 A.

EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued)

MONITORING Effective Date EFFLUENT LIMITATIONS Final Upon Issuance REQUIREMENTS Outfall Number and Effluent Parameter(s) Units Monthly Daily Average Maximum Measurement Sample Frequency IY.lliz 006A - Service and Essential Service Water System Discharge through Essential Service Water System Piping into the Ultimate Heat Sink Area of WCCI (8) (4)

Flow - MGD Monitor 2x/Month(2)

Estimate Total Residual Oxidant - mg/I pH - Standard Units 1.0 between 6.0 and 9.0 2x/Month(2) 2x/Month(2) grab grab 007X - Monitoring Location at the Circulating Water Intake Structure.

Temperature - °C Monitor Monitor 2x/Month(2) sensor 008X - Settling Basins Discharge During Dredging of Sediment from Ultimate Heat Sink Visual Monitoring only - See Supplemental Condition No. 19 Footnotes:

(1)

The two cells of the lagoon system shall be operated in series and the discharge shall be from the final cell only. Sampling for this outfall could also be done approximately 100 feet downstream of the Outfall.

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Discharge monitoring shall be twice per month when discharging. If No Discharge occurs for the entire month mark the "No Discharge" checkbox in the discharge monitoring report. If discharging for less than 10 days, the second sample is not required.

Outfall 002A monitoring required only when discharges from power block area are rerouted into the PAB storm drains or into site oil/water separator. Daily monitoring of oil and grease is required when the discharges from power block sumps are rerouted from outfall 003B to this outfall.

Use of any chemical additives including any oxidizing and/or non-oxidizing biocides for invasive mussel control shall be subject to compliance with the Supplemental Condition No. 5.c and 14.

Total Residual Oxidant (TRO) shall also be monitored in the Service Water System (SWS) when the Circulating Water System (CWS) is not in service and SWS is brominated /chlorinated. During this operational mode the sampling location for TRO shall be moved upstream of the Radwaste System discharge confluence.

TRO monitoring is not required if CWS and SWS are not brominated/chlorinated. Supplemental Condition No. 5 is applicable to the CWS discharge alone and only to the CWS when combined with the SWS. Supplemental Conditions 5(a) does not apply to the SWS discharge regardless of the operating mode of the cooling systems; however, Supplemental Condition 5.b. is still applicable. All requested information is to be reported in the DMRs.

Permittee shall notify KDHE - Bureau of Water in writing within 5 days of a lab sample with higher than 2358 cfu /100 ml of E-Coli bacteria.

A dipped sample is only required if by September 30 of each year the impoundment has not discharged since January 1 of that year. A sample shall be taken from the impoundment near the dam and analyzed for the indicated parameters. Permittee shall indicate the samples were "dipped" on the monitoring reports. Reporting for Outfall 004A and Outfall 004D are to be reported quarterly.

The sampling location for 006A shall be at the discharge side of the heat exchanger prior to mixing with ultimate heat sink waters.

Kansas Permit No.: I-NE07-PO02 Page 6 of 21 B.

STANDARD CONDITIONS In addition to the specified conditions stated herein, the permittee shall comply with the attached Standard Conditions dated December 1, 2021.

C.

SCHEDULE OF COMPLIANCE None.

D.

SUPPLEMENTAL CONDITIONS

1.

Chronic Whole Effluent Toxicity (WET) testing shall be conducted on the effluent from Outfall 004A once in the third quarter of calendar year 2025. If by August 31, 2025, the impoundment has not discharged since July 1, 2025, a sample shall be taken from the impoundment near the dam for analysis. Permittee shall indicate the sample was "dipped" on the monitoring reports.

a.

The test procedures shall be in accordance with the EPA document, Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, fourth edition, October 2002, using test organisms Pimepha/es prome/as (fathead minnow) and Ceriodaphnia dubia (water flea) within a dilution series of 0, 50, 75, 82, 90, and 100% effluent. KDHE reserves the right to increase or decrease testing frequency based upon compliance history and toxicity testing results.

b.

If the WET test results indicate the IC2s is equal to or greater than 82% effluent, the effluent has passed the toxicity test. The test results shall be recorded on the Discharge Monitoring Report and a copy of the test report shall be provided to KDHE within 10 days of receipt of the information.

c.

If the WET test results indicate the IC2s is less than 82% effluent the effluent has failed the toxicity test and the permittee shall immediately notify KDHE by telephone at (785) 296-5517. The test results shall be recorded on the Discharge Monitoring Report and uploaded into KEIMS within 10 days of receipt of the information. KDHE reserves the right to require the permittee to take such actions as are reasonable to identify and remedy any identified or predicted toxic conditions in the receiving stream outside of the mixing zone which is caused by the permittee's effluent.

d.

Permittee shall also test a portion of one of same sample used for the WET test for the following parameters tested and reported as total recoverable heavy metals (required minimum reportable detection levels are in parenthesis):

Antimony (1 O µg/L)

Nickel (10 µg/L)

Arsenic (1 O µg/L)

• Selenium (5 µg/L)

Beryllium (5 µg/L)

Silver (2 µg/L)

Cadmium (2 µg/L)

Thallium (10 µg/L)

Chromium (10 µg/L)

Zinc (20 µg/L)

Copper (10 µg/L)

Total Hardness as CaCO3 - mg/I Lead (5 µg/L)

Electroconductivity - µmhos/cm Mercury (0.2 µg/L-Cold Vapor Method) Ammonia - mg/I

e.

Permittee shall coordinate sampling for this test with other monitoring requirements of this permit and may use the test results to satisfy this and other corresponding testing requirements. The permittee shall use a laboratory approved by KDHE for Whole Effluent Toxicity testing.

2.

There shall be no discharge of polychlorinated biphenyl compounds.

SUPPLEMENTAL CONDITIONS (Continued)

Kansas Permit No.: I-NE07-PO02 Page 7 of 21

3.

All samples and flow measurements required for permit monitoring shall be taken on the same day except for miscellaneous discharges related to storm water runoff, oil storage area runoff, etc.

4.

Miscellaneous discharges related to runoff are regulated by Water Quality Criteria. Runoff contained in the oil storage dike area(s) shall be visually inspected to determine if removal of oil and grease is necessary prior to discharge.

5.

Except as provided in the subparagraphs "b" and "c" below:

a Total residual oxidant may not be discharged from any single generating unit for more than two hours per day unless the discharger demonstrates to KDHE that discharge for more than two hours is required for macroinvertebrate control. Simultaneous multi-unit oxidation is permitted. Multi-unit oxidation must be designated in the monitoring reports.

b A waiver of the total residual oxidant discharge time limit and an increase in the categorical concentration is provided for the service water and essential service water systems.

c Periodic oxidizing or non-oxidizing biocides treatment for invasive mussel control is permitted in accordance with a KDHE approved invasive mussel control program.

6.

All radioactive components of the discharge are regulated solely by the U.S. Nuclear Regulatory Commission (NRC) under the requirements of the Atomic Energy Act and not by either the Environmental Protection Agency (EPA) under the Clean Water Act or the Kansas Department of Health and Environment under Kansas Water Pollution Control Regulations and Statutes.

7.

The permittee shall implement and maintain an oxidation schedule indicating the time, dosage and duration of applications for each unit. The records shall be maintained and made available for review upon KDHE or EPA request.

8.

This permit shall be modified, or alternatively, revoked and reissued, 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 Clean Water Act, if the effluent standard or limitation so issued or approved:

a.

Contains different conditions or is otherwise more stringent than any effluent limitation in the permit, or

b.

Controls any pollutant not limited in the permit.

The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable.

9.

In the event the Environmental Protection Agency amends or promulgates the BPT, BAT and/or BCT effluent guideline limitations for a specific Point Source Category or any of the subcategories covering your industry, this permit will be revoked and reissued to incorporate the new limitation(s).

SUPPLEMENTAL CONDITIONS (Continued)

Kansas Permit No.: I-NE07-PO02 Page 8 of 21

10.

There shall be no discharge from the Eisenhower Learning Center waste stabilization lagoon system. Only domestic waste shall be directed to this lagoon system. The following requirements are applicable to all earthen lagoons:

a.

All wastewater lagoons shall maintain a minimum of two feet of freeboard. The permittee shall measure and record weekly the depth of water in each wastewater treatment lagoon from the lowest point of overflow. A written log of all such measurements shall be maintained on site and be made available to KDHE personnel in accordance with Standard Condition No. 16 of this permit.

b.

Permittee shall not change operations so as to introduce into the lagoons chemicals, cleaners, or any hazardous waste, not specifically identified in the permit application or specifically approved by KDHE.

c.

Any solid waste and sludge generated from the lagoon, if disposed of in a landfill shall be in accordance with the requirements of the KDHE, Bureau of Waste Management. Land application of lagoon sludges shall be in accordance with a plan approved by KDHE Bureau of Water.

d.

All vegetation on the dikes and at the water's edge shall be properly maintained by regular mowing of grass and removal of cattails and woody vegetation.

e.

The permittee shall maintain an alternate plan for emergency disposal of lagoon wastewater which shall be implemented whenever the required freeboard is not maintained.

f The wastewater treatment plant shall be under the supervision of an operator who has been certified or is in the process of obtaining certification under K.S.A. 65-4501 et seq.

11.

A report addressing the disposal of metal cleaning wastes is to be submitted to KDHE for approval at least 10 days or as soon as reasonably practicable before implementing metal chemical cleaning activities. Approval from the Department is required before chemical cleaning waste and wastewater can be disposed. Metal cleaning wastes are defined to be wastes derived from chemical cleaning of any metal process equipment, including boiler fireside cleaning and air preheater cleaning.

12.

Changes in Discharges of Pollutant Substances The permittee shall notify the Department as soon as it knows 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 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 ug/I);

(2)

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

SUPPLEMENTAL CONDITIONS (Continued)

Kansas Permit No.: I-NE07-PO02 Page 9 of 21 (3)

Five (5) times the maximum concentration value reported for that pollutant in the permit application.

b.

That any activity has occurred or will occur which result in any discharge, on a non-routine or infrequent basis, of a 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 ug/I);

(2)

One milligram per liter (1 mg/I) for antimony; (3)

Ten (10) times the maximum concentration value reported for that pollutant in the permit application.

13.

Toxic Substances - Water Treatment Additives. If the permittee utilizes or changes water treatment additives:

a.

After the mixing zone provided by Kansas Water Quality Standards, the discharge of water treatment additives shall not be harmful to human, animal or plant life uses in the receiving water.

b.

The permittee shall keep an ongoing log of the water treatment chemicals used, their potential concentration in the facility discharge, and the associated toxicity data for each chemical. A sample chemical additives evaluation log can be obtained from KDHE.

c.

The permittee shall provide KDHE, upon request, toxicity tests and/or a chemical additives evaluation log the permittee uses to determine if the requirements in the paragraphs above are being achieved. In the event the data indicate the requirements in the paragraphs above are not achieved, KDHE reserves the right to amend the facility's NPDES permit to specify additional terms and conditions for toxic substances.

14.

Kansas Surface Water Quality Standards will be enforced in Wolf Creek at the point of discharge from the Wolf Creek Cooling lmpoundment to Wolf Creek. Discharges to waters of the State shall be guided by the current state surface water quality standards, K.A.R. 28-16-28b et seq.

15.

Wolf Creek Nuclear Operation Corporation (WCNOC), a Delaware corporation, owned and operated by its' three owner companies, Evergy Kansas South, Inc., a Kansas Corporation (f/k/a Kansas Gas and Electric Company ("Evergy Kansas South")), Evergy Metro, Inc., a Missouri Corporation (f/k/a/ Kansas City Power and Light Company ("Evergy Metro")), and Kansas Electric Power Cooperative, Inc., Kansas Electric cooperative ("KEPCo", and together with Evergy Kansas South and Evergy Metro, collectively the "Owners"). The Owners shall, in accordance with their Wolf Creek Generating Station Operating Agreement, dated April 15, 1986, as amended, be severally liable (in proportion with their ownership shares of the plant) for compliance with the terms and conditions stated in the permit and applicable laws.

16.

When the flow through Outfall 006 consists solely of service water from the Service Water System diverted to the Essential Service Water System (other than flows recirculated directly from the Wolf Creek Cooling lmpoundment), a sample collected from the Service Water System shall be considered representative of Outfall 006 for purposes of monitoring required by this permit.

SUPPLEMENTAL CONDITIONS (Continued)

Kansas Permit No.: I-NE07-PO02 Page 10 of 21

17.

The permittee shall maintain, modify, and implement the existing storm water pollution prevention plan (Plan) in accordance with Attachment A A copy of the SWP3 shall be kept on site and be available for KDHE or EPA inspection upon request.

18.

Discharge of industrial stormwater (as defined in 40 CFR part 122.26 (b)(14)) from the facility, except for stormwater associated with construction activity disturbing 1 acre or more of soil, is authorized under this permit. Such discharges shall be in compliance with the Kansas Surface Water Quality Standards (KAR 28-16-28) and in conformance with the facility stormwater pollution prevention plan developed in accordance with ATTACHMENT A.

19.

Permittee periodically dredges sediment accumulations from the lake bottom leading to the auxiliary intake structure and from the ultimate heat sink into a series of settling basins to maintain detention capacity for emergency cooling water use. After settling of dredged sediment, overflow from the settling basins flows back into the lake via outfall 008X. Prior to dredging, permittee shall provide a report on the status of the settling basins and evaluate if adequate capacity exists to allow settling of the expected amounts of dredged solids. If adequate capacity is not available, the plan shall include removal of sediment from the settling basins or construction of additional basins. The removal of the sediment from the settling basins and the location where utilized or disposed shall be included in the settling basin status report. Plans and specifications need KDHE approval prior to construction of additional basins.

20.

Nothing in this permit authorizes the take, as defined at 16 U.S.C. 1532(19), of threatened or endangered species of fish or wildlife. Such take is prohibited under the Endangered Species Act unless it is exempted pursuant to 16 U.S.C. 1536(0) or permitted pursuant to 16 U.S.C.

1539(a). Absent such exemption or permit, any facility operating under the authority of this regulation must not take threatened or endangered species.

21.

The facility's Cooling Water Intake Structure (CWIS) complies with EPA's 316(b) impingement mortality requirement under all conditions based on operating a closed-cycle recirculation system as defined at 40 CFR 125.92(c).

In addition, the operator must monitor and record the actual intake flows at a minimum frequency of daily. The monitoring must be representative of normal operation conditions, and must include measuring cooling water withdrawals, make-up water, and blowdown volume. In lieu of daily intake flow monitoring, the operator may monitor and record the cycles of concentration (COC) at a minimum frequency of weekly. 40 CFR 125.92(c) defines closed cycle recirculation system to mean a system designed and properly operated using minimized make-up and blowdown flows withdrawn from a water of the United States to support contact or non-contact cooling uses within a facility, or a system designed to include certain impoundments. 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.

22. The Kansas Department of Health and Environment has determined that a closed-cycle recirculating cooling water system is being employed by WCGS

• and represents a site-specific Best Technology Available (BTA) regarding 316(b) Entrainment Mortality Compliance (40 CFR 125.94(c)(6)) and therefore the facility complies with EPA's 316(b) entrainment mortality requirements.

SUPPLEMENTAL CONDITIONS (Continued)

Kansas Permit No.: I-NE07-PO02 Page 11 of 21

23.

Beginning in year 2027, permittee shall submit by March 1 of each year an annual certification statement and report for the Cooling Water Intake Structure (CWIS) which includes the following:

a) A report on the results of all monitoring and other information related to the operation of the CWIS for the previous calendar year sufficient to determine compliance with the permit conditions and requirements established under 40 CFR part 125.94. At a minimum, the annual report needs to include the following:

i.

The average daily volume of water intake from the CWIS.

ii.

The calculated actual intake flow (AIF) of the CWIS. The AIF means the average volume of water withdrawn on an annual basis by the CWIS over the previous 5 calendar years.

iii.

The annual average cycles of concentration of the cooling tower system for the facility if monitored in lieu of intake flow.

iv.

A listing by species and number, the "take" of any Threatened and Endangered (T&E) species and Species in Need of Conservation (SINC) as may have occurred by the use of the intake structure.

v.

A log and summary of weekly CWIS inspections, when CWIS is in operation during any part of the calendar week, Sunday through Saturday, in accordance with 40 CFR Part 125.96(e).

b) An annual certification statement needs to be signed by the responsible Corporate Officer as defined by 40 CFR 122.22. The first certification statement due March 1, 2027 needs to either confirm information submitted with the permit renewal application is still pertinent or provide additional or amended information. The certification statement and report shall also include an evaluation and a summary of any changes made to the facility that has substantially modified operation of any unit that impacts cooling water withdrawals or operation of the facility's cooling water intake structure. For the annual certifications after the first certification, if the information contained in the previous annual certification(s) is still pertinent, the annual certification letter, along with any applicable data submission, only needs to state that the cooling water system and the CWIS operation has not changed and information submitted in previous annual certification(s) is still pertinent.

24.

Permit renewal applications:

a) Any revisions to the information required at 40 CFR 122.21 (r) must be submitted with the next permit renewal application.

b) If the conditions at the facility and in the WCCI in the intake vicinity remain substantially unchanged since submittal of the permit application for this permit renewal and these conditions have not changed and are not expected to change until the next permit application is required to be submitted, and as long as the relevant previously submitted information remains representative of current source water, intake structure, cooling water system and operating conditions, the permittee, by two years and six months prior to the expiration of this permit, may request reduced submission on cooling water intake structure and water body application information. The request must identify each element required by 40 CFR Part 125.95 that it determines has not substantially changed since the previous permit application and the basis for the CWIS impingement and entrainment determinations.

SUPPLEMENTAL CONDITIONS (Continued)

Kansas Permit No.: I-NE07-PO02 Page 12 of 21 c) Any habitat designated as critical or species listed as threatened, endangered, or species in need of conservation after issuance of the current permit whose range of habitat or designated critical habit now includes waters where a facility intake is located constitutes potential for a substantial change that must be addressed by the permittee in subsequent permit applications, unless the facility received an exemption pursuant to 16 U.S.C.

1536(0) or a permit pursuant to 16 U.S.C. 1539(a) or there is no reasonable expectation of take.

25.

Records retention:

a) Records of all submissions that are part of the permit reporting requirements within paragraph 19 above, must be retained for 5 years after the subsequent permit is issued.

b) All records supporting KDHE's Determination of Best Technology Available (BTA) for Entrainment under §125.97(d) or (e) must be retained until KDHE revises the Determination of BTA for Entrainment in the permit.

c) KDHE's September 18, 2018 BTA Determination letter and all permit application materials submitted in accordance with 40 CFR Part 122.21 (r), "Application Requirements for Facilities with Cooling Water Intake Structures", must be retained for the life of the facility.

26 Permittee is authorized to control Asiatic Clams and Zebra Mussels in accordance with the most recent KDHE approved Asiatic Clam and Zebra Mussel Control Plan (Control Plan). By January 28th of each year, for the previous calendar year, the permittee shall submit an annual report to KDHE indicating the date of the most recent KDHE approved Control Plan and summarizing the results of analytical testing associated with the Control Plan and effectiveness of the control measures on eradicating the targeted invasive species.

27 Priority Pollutant Scan - Outfall 002A, Outfall 003A, and Outfall 003B:

The permittee shall conduct a Priority Pollutant Scan, less pesticides, on Outfalls 002A, 003A, and 003B during a time period when stormwater runoff has not occurred for three consecutive days for the parameters listed in the Attachment C, Priority Pollutant Scan between January and June 2026. Sample results shall be reported with the next Discharge Monitoring Report following receipt of the results but not later than July 28, 2026.

28. Permittee shall provide to KDHE an engineering study to evaluate the Wolf Creek Reservoirs water quality in retention to the waste stream flow by December 31st, 2028. Analytical parameters of concern shall include at a minimum TSS, Oil & Grease, TRO, total recoverable metals and temperature.

E.

ADDITIONAL INFORMATION EPA's National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule ("NPDES eRule") requires regulated entities to report data electronically. KDHE has developed electronic reporting tools to assist permittees in complying with the EPA electronic reporting rule. Unless a waiver has been approved by KDHE, permittees are required to submit information electronically.

The electronic reporting system is called the Kansas Environmental Information Management System (KEIMS) and can be accessed at https://keims.kdhe.ks.gov. Upon KDHE request, associated lab reports can also be submitted in KEIMS.

ATTACHMENT A STORMWATER POLLUTION PREVENTION PLAN REQUIREMENTS AND GUIDELINES The Stormwater Pollution Prevention (SWP2) plan shall be specific to the industrial activities and site characteristics occurring at the location described in this permit. The permittee shall fully implement the provisions of the SWP2 plan required under this permit as a condition of this permit.

The purpose of the SWP2 plan is to ensure the design, implementation, management, and maintenance of Best Management Practices (BMPs) in order to reduce the amount of pollutants in stormwater discharges associated with the industrial activities at the facility.

The SWP2 plan shall evaluate BMPs from each of three major classes:

managerial/administrative; structural controls and non-structural controls.

As guidance, the permittee shall evaluate, select, install, utilize, operate and maintain the BMPs in accordance with best professional judgment, generally accepted and scientifically defensible guidance, and the concepts and methods described in Environmental Protection Agency (EPA) document number EPA 833-8-09-002, entitled Developing Your Stormwater Pollution Prevention Plan, a Guide for Industrial Operators, published in June, 2015 1 and the U.S. EPA National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activities (MSGP); as modified effective March 1, 2021, and subsequent modifications.

The SWP2 plan and any amendments shall be developed by an individual knowledgeable in stormwater management and control and familiar with the site characteristics of the facility. Due to technical and site specific requirements in developing a SWP2 plan, KDHE highly encourages and recommends that the SWP2 plan and any amendments be prepared by, or under the supervision of a Kansas licensed professional engineer. The SWP2 plan shall be reviewed and re-certified for compliance with accepted standards for stormwater pollution prevention at least once every five years. If KDHE determines the SWP2 plan to be inadequate KDHE, reserves the right to require the permittee to obtain the services of a qualified consultant to correct any deficiencies in the SWP2 plan. The SWP2 plan shall contain, at a minimum, the following items:

1.

Pollution Prevention Team - Specific individuals or positions shall be identified within the facility organization as members of a Stormwater Pollution Prevention Team who are responsible for developing, implementing, maintaining and revising the SWP2 plan. Each member's responsibilities shall be clearly identified in the SWP2 plan. The activities and responsibilities of the team _shall address all aspects of the facility's SWP2 plan.

2.

Description of Potential Pollutant Sources - pollutant sources which may reasonably be expected to add significant amounts of pollutants to the stormwater discharge shall be described. The description shall include, at a minimum:

a.

Site Map - a site map identifying the following: the outline of drainage area(s) for each stormwater outfall; the location of significant materials exposed to precipitation; storage tanks; scrap yards and general refuse areas; fuel storage and distribution areas; vehicle and equipment maintenance and storage areas; loading/unloading areas; waste treatment, storage or disposal areas; short and long term material storage areas (including but not limited to: supplies, construction materials, plant equipment, oils, fuels, used and unused solvents, cleaning materials, paint, water treatment chemicals, fertilizers, and pesticides); landfills; construction sites; stock piles; major spills or leaks; surface water bodies and existing structural control measures to reduce pollutants in stormwater runoff (such as bermed areas, grassy swales, etc.).

b.

Inventory of Exposed Materials - a narrative description of significant materials handled, treated, stored, leaked, spilled or disposed of in a manner to allow exposure to stormwater within the period starting three years prior to the date of this permit; existing structural and nonstructural control measures to reduce pollutants in stormwater runoff; and any treatment the stormwater receives.

A list of significant spills and leaks of toxic/hazardous materials in exposed areas shall be maintained and kept updated.

c.

Sampling Data - a summary of existing sampling data, if available.

d.

Risk Identification and Summary of Potential Pollutant Sources -A narrative description of the potential pollutant sources and pollutant parameter of concern shall be identified.

3.

Measures and Controls - A description of stormwater management controls appropriate for the facility which addresses the following minimum components, including a schedule for implementing such controls to the extent practical:

a.

Good housekeeping requiring the maintenance of areas in a clean, orderly manner including handling and storage areas (exposed to precipitation) for raw metals, scrap metals, fuels, paints and other process areas.

1 The EPA Manual entitled Developing Your Stormwater Pollution Prevention Plan, a Guide for Industrial Operators, published in June, 2015; and the U.S. EPA National Pollutant Discharge Elimination System (NP DES) Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activities (MSGP); as modified effective June 4, 2015 are available online at: https://www.epa.gov/npdes/industrial-stormwater-guidance or the KDHE website:_http://kdheks.gov/stormwater.

SWP2 Plan Requirements and Guidelines November 1, 2021

b.

Preventive Maintenance - Including timely inspection and maintenance of stormwater management devices, like oil water separators, catch basins, etc.

c.

Spill Prevention and Response Procedures - Appropriate material handling procedure, storage requirements, use of equipment such as diversion valves, and procedures for cleaning up spills should be identified.

Availability of the necessary equipment to implement a clean-up should be addressed. The following areas should be addressed:

(1) Metal fabrication and finishing areas - include measures for maintaining clean, dry, orderly conditions and use of dry clean-up techniques; (2) Receiving, Unloading and Storage Areas and Raw Material Storage Areas - include measures to prevent spills & leaks; easy access for spill clean-up; quick and correct identification of materials; and train employees on clean-up techniques.

(3) Storage of Equipment - include procedures for proper clean-up and/or covering of equipment before storing outdoors.

(4) Storage of Metal Working Fluids - measures to identify proper controls.

(5) Cleaners and Rinse Water - include measures to control spills, build-up and disbursement of sand from sand blasting, and use of less toxic cleaners.

(6) Lubricating Oils and Hydraulic Fluids - include procedures for using detecting and control devices to reduce, prevent, and contain leaks and overflows.

(7) Chemical Storage Areas - include a program to inspect containers and identify proper disposal and spill controls to prevent stormwater contamination.

d.

Inspections: Identification of qualified facility personnel to inspect, at appropriate intervals, designated storage areas for raw metal, finished product, materials and chemicals, recycling, equipment, paint, fueling and maintenance; and loading, unloading, and waste management areas. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections.

Records of inspections shall be maintained on-site for at least three years after the date of the inspection.

e.

Employee Training: Employee training programs to inform personnel responsible for implementing activities identified in the SWP2 plan or otherwise responsible for stormwater management, at all levels of responsibility, of the components and goals of the SWP2 plan. The SWP2 plan shall provide for training existing and new staff.

f.

Record keeping and Internal Reporting Procedures: A log, along with other information, needs to be developed and maintained to document a description of incidents (i.e., spills or other discharges) that may impact the quality and quantity of stormwater discharges. Reporting procedures, inspections and maintenance activities shall be developed and included in the SWP2 plan.

g.

Non-stormwater Discharges - The SWP2 plan must identify all unauthorized, non-stormwater (dry weather) discharges directed to surface or groundwater. KDHE shall be notified of all unauthorized discharge(s) within 5 days, and identify and ensure the implementation of appropriate pollution prevention measures for the dry weather flow component(s) of the discharge. A list of authorized non-stormwater discharges is contained in the Kansas Water Pollution Control (KWPC) General Permit for Stormwater Runoff from Industrial Activities2.

h.

Sediment and Erosion Control: Measures to minimize erosion in areas which, due to topography, activities, or other factors, have a high potential for significant soil erosion. At a minimum consider structural, vegetative, and/or stabilization measures to limit erosion. Must include measures to minimize erosion related to the high volume of traffic from heavy equipment for delivery to and from the facility and for equipment operating at the facility on a daily basis such as forklifts, cranes etc.

i.

Management of Runoff: Describe existing and/or proposed stormwater management practices (practices other than those which control the generation or source(s) of pollutants) to divert, infiltrate, reuse or otherwise manage stormwater runoff in a manner that reduces pollutants in stormwater discharges from the site. The pollutant sources at the facility identified in Item 2 above, Description of Potential Pollutant Sources, with potential to contribute pollutants to stormwater discharges associated with industrial activity shall be considered when determining reasonable and appropriate measures to implement.

4.

Comprehensive Site Compliance Evaluation - Qualified personnel shall conduct site compliance evaluations at least once a year. Such evaluations shall provide for:

a.

Visual inspection of areas contributing to a stormwater discharge associated with industrial activity for evidence of, or the potential for, pollutants entering the drainage system. Evaluation of measures to reduce pollutant loadings to determine whether they are adequate and properly implemented in accordance with the terms of 2 The KWPC General Permit for Stormwater Runoff ji*om Industrial Activities issued November 1, 2016 is available online at:

http://www.kdheks.gov/stormwater/download/2 _Industrial_ Stomwater_ General_Fermit_ S-ISWA-2111-l_Effective _November_ I _2021.pdf SWP2 Plan Requirements and Guidelines November 1, 2021

the permit or whether additional control measures are needed. A visual evaluation of equipment needed to implement the plan, such as spill response equipment and containment drums, shall be made to determine it is functioning properly and drums are not corroded.

b.

A report summarizing the scope of the evaluation, personnel making the evaluation, the date(s) of the evaluation, major observations relating to the implementation of the SWP2 plan, and any actions taken shall be made and retained as part of the SWP2 plan.

c.

The report shall include resolution to any incident of non-compliance determined from the comprehensive site evaluation within 90 days.

If the comprehensive site evaluation does not identify any incidents of non-compliance, the report shall include a statement that the facility is in compliance with the SWP2 plan and the conditions of this permit.

5.

Monitoring and Record Keeping Requirements.

a.

Visual Examination of Stormwater Quality: The permittee shall periodically perform and document a visual examination of a stormwater discharge associated with industrial activity from each identified stormwater outfall.

Visual examination reports shall be maintained on-site and be made available for KDHE & EPA inspection upon request. Each report shall include the date and time, name of the person performing examination, nature of discharge (runoff or snow melt), visual quality of the discharge (i.e., color, odor, clarity, floating solids, suspended solids, foam, oil sheen, and other indicators of stormwater pollution) and probable sources of any observed contamination.

b.

Records of all stormwater monitoring data3, unless otherwise indicated in this permit, shall be kept on file for three (3) years.

6.

The SWP2 plan shall be re-evaluated and modified in a timely manner, but in no case more than 90 days after:

a.

A change in design, construction, operation or maintenance that has a significant effect on the potential for the discharge of pollutants to the waters of the State, or

b.

the permittee's inspections (including the regular comprehensive site compliance evaluation required herein) indicate deficiencies in the SWP2 plan or any BMP; or

c.

a visual inspection of contributing areas or a visual inspection of the stormwater discharges or monitoring of the stormwater discharges indicate the plan appears to be ineffective in eliminating or significantly minimizing pollutants from sources identified in the plan.

d.

Written notification from KDHE or EPA determining the site best management practices are or will not be effective in eliminating or minimizing pollutants in the stormwater discharges.

3 For sampling methods and procedures please refer to Industrial Stormwater Monitoring and Sampling Guide, EPA 832-B-09-003, March 2009 Final Draft available online at: https://www.epa.gov/sites/production/files/2015-11/documents/msgp _ monitoring_guide.pdf SWP2 Plan Requirements and Guidelines November 1, 2021

ATTACHMENT B Kansas Permit No.: I-NE07-PO02 Page 16 of 21 Total recoverable metals analysis shall utilize EPA's analytical method 200.7 Rev. 4.4 as prescribed by 40 CFR 136. In lieu of EPA 200.7 Rev. 4.4, an alternate method may be utilized. However, the alternate method shall, at minimurri, test for the metals listed below where the method detection limit is less than or equal to the quantitative values indicated.

ANALYTICAL PARAMETER antimony, total arsenic, total beryllium, total cadmium, total chromium, total copper, total lead, total mercury, total nickel, total selenium, total silver, total thallium, total zinc, total CASNUMBER 7440-36-0 7440-38-2 7440-41-7 7440-43-9 7440-47-3 7440-50-8 7439-92-1 7439-97-6 7440-02-0 7782-49-2 7440-22-4 7440-28-0 7440-66-6 Quantitative Values

(µg/l or ppb) 6.0 10.0 4.0 3.0 10.0 10.0 5.0 0.5 10.0 5.0 10.0 2.0 20.0

Metals Total Arsenic (µg/I)

Total Beryllium (µg/I)

Total Cadmium (µg/I)

Total Chromium (µg/1)

Total Copper (µg/I)

Total Lead (µg/I)

Total Mercury (µg/I)

Total Molybdenum (µg/I)

Total Potassium (µg/I)

Total Nickel (µg/I)

Total Selenium (µg/1)

Total Silver (µg/I)

Total Thallium (µg/I)

Total Zinc (µg/I)

Pesticides Aldrin (mg/I)

Alpha BHC (mg/I)

Beta BHC (mg/I)

Gamma BHC (mg/I)

Delta BHC (mg/I)

Chlordane (mg/I) 4,4 DDT (mg/I) 4,4 DOD (mg/I) 4,4 DOE (mg/I)

Dieldrin (mg/I)

Alpha endosulfan (mg/I)

Beta endosulfan (mg/I)

Endosulfan sulfate (mg/I)

Endrin (mg/I)

Endrin aldehyde (mg/I)

Heptachlor (mg/I)

Heptachlor epoxide (mg/I)

Toxaphene (mg/I)

Malathion (mg/I)

Diazinon (mg/I)

Polychlorinated Biphenyls PCB 1242 (mg/I)

PCB 1254 (mg/I)

PCB 1221 (mg/I)

PCB 1232 (mg/I)

PCB 1248 (mg/I)

PCB 1260 (mg/I)

PCB 1016 (mg/I)

ATTACHMENT C Priority Pollutant Scan Base/Neutral (mg/I)

Acenaphthene Acenaphtylene Anthracene Benzidine Benzo(a) anthracene Benzo(a)pyrene 3,4 benzofluoranthene Benzo (ghi) perylene Benzo (b) fluoranthene Bis(2 chloroethoxy)methane Bis(2 chloroethyl)ether Bis(2 ethylhexyl)phthalate Bis(2 chloroisopropyl) ether 1,2 diphenylhydrazine Fluoranthene Fluorene Nitrobenzene N nitrosodimethylamine N nitrosodi n propylamine N nitrosodiphenylamine Phenanthrene Pyrene 1,2,4 trichlorobenzene 4 bromophenyl phenyl ether Butyl benzyl phthalate 2 chloronaphthalene 4 chlorophenyl phenyl ether Chrysene Dibenzo(a,h) anthracene 1,2 dichlorobenzene 1,3 dichlorobenzene 1,4 dichlorobenzene 3,3 dichlorobenzidine Dimethyl phthalate Diethyl phthalate Di n butyl phthalate 2,4 dinitrotoluene 2,6 dinitrotoluene Di n octyl phthalate Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane lndeno (1,2,3 cd) pyrene Naphthalene lsophorone Kansas Permit No.: I-NE07-PO02 Page 17 of 21 Acid Compounds (mg/I}

2-chlorophenol 2,4-dichlorophenol 2,4-dimethylphenol 2,4-dinitrophenol 2-nitrophenol 4-nitrophenol Parachlorometa cresol Pentachlorophenol Phenol 4, 6-d in itro-o-creso I 2,4,6-trichlorophenol Volatiles (mg/I)

Acrolein Acrylonitrile Benzene Bromoform Carbon Tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2-chloroethylvinyl ether Chloroform Dichlorobromomethane 1, 1-dichloroethane 1,2-dichloroethane 1, 1-dichloroethylene 1,2-dichloropropane 1,3-dichloropropylene Ethylbenzene Methyl bromide Methyl chloride Methylene chloride 1, 1,2,2-tetrachloroethane Tetrachloroethylene Toluene 1,2 trans-dichloroethylene 1, 1, 1-trichloroethane 1, 1,2-trichloroethane Trichloroethylene Vinyl chloride Miscellaneous Total Cyanide (mg/I)*

Total Phenols (mg/I)

The total cyanide analysis must include preliminary treatment of the sample to avoid NO2-interference. Addition of sulfamic acid to the sample before distillation can prevent such interference, see Standard Methods for the Examination of Water and Wastewater, 18th Edition, 4500-CN-B. Preliminary Treatment of Samples.

STANDARD CONDITIONS FOR KANSAS WATER POLLUTION CONTROL AND Kansas Permit No.: I-NE07-PO02 Page 18 of 21 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS

1.

Representative Sampling and Discharge Monitoring Report Submittals:

A.

Samples and measurements taken as required herein shall be representative of the quality and quantity of the monitored discharge. Test results shall be recorded for the day the samples were taken. If sampling for a parameter was conducted across more than one calendar day, the test results may be recorded for the day sampling was staited or ended.

All samples shall be taken at the locations designated in this permit, and unless specified, at the outfall/monitoring location(s) before the wastewater joins or is diluted by any other water or substance.

B.

EPA's National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule ("NPDES eRule")

requires regulated entities to report data electronically. KDHE has developed electronic reporting tools to assist peimittees in complying with the EPA electronic reporting rule. Unless a waiver has been approved by KDHE, permittees are required to submit infonnation electronically. The electronic reporting system is called the Kansas Environmental Information Management System (KEIMS) and can be accessed at https://keims.kdhe.ks.gov Monitoring results shall be submitted no later than the 28th day of the month following the completed reporting period.

If granted a waiver, signed and ce1tified copies of data, information and reports, required herein, prepared in accordance with KAR 28-16-59, may be e-mailed as scanned attachments to kdhe.bowkeims@ks.gov, faxed to 785.559.4257, or sent by U.S. mail to:

2.

Definitions:

Kansas Depaitment of Health & Environment Bureau of Water-Technical Services Unit 1000 SW Jackson Street, Suite 420 Topeka, KS 66612-1367 A.

Unless otherwise specifically defined in this permit, the following definitions apply:

1.

The "Daily Maximum" is the total discharge by weight or average concentration, measurement taken, or value calculated during a 24-hour period. The parameter, pH, is limited as a range between and including the values shown.

2.

The "Weekly Average" is the arithmetic mean of the value oftest results from samples collected, measurements taken, or values calculated during four monitoring periods in each month consisting of calendar days 1-7, 8-14, 15-21 and 22 through the end of the month.

3.

The "Monthly Average", other than for E. coli bacteria, is the arithmetic mean of the value of test results from samples collected, measurements taken, or values calculated during a calendar month.

The monthly average is determined by the summation of all calculated values or measured test results divided by the number of calculated values or test results reported for that parameter during the calendar month. The monthly average for E. coli bacteria is the geometric average of the value of the test results from samples collected in a calendar month. The geometric average can be calculated by using a scientific calculator to multiply all the E. coli test results together and then taking the nth root of the product where n is the number of test results.

Non-detect values shall be reported using the less than symbol (<) and the minimum detection or reportable value. To calculate average values, non-detects shall be defaulted to zero (or one for geometric averages).

Greater than values shall be reported using the greater than symbol(>) and the reported value. To calculate average values, the greater than repmted value shall be used in the averaging calculation.

B.

A "grab sample" is an individual sample collected in less than 15 minutes. A "composite sample" is a combination of individual samples in which the volume of each individual sample is propmtional to the flow, or the sample frequency is proportioned to.the flow rate over the sample period, or the sample frequency is proportional to time.

C.

The terms "Director", "Division", and "Department" refer to the Director, Division of Environment, Kansas Department of Health, and Environment, respectively.

D.

"Severe prope1ty damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be Standard Conditions - Effective December 1, 2021 Page 18 of21

Kansas Permit No.: I-NE07-PO02 Page 19 of 21 expected to occur in the absence of an in-plant diversion. Severe property damage does not mean economic loss caused by delays in production.

E.

"Bypass" means the intentional diversion of waste streams from any portion of the treatment facility.

3.

Schedule of Compliance: No later than 14 calendar days following each date identified in the "Schedule of Compliance," the permittee shall submit via KEIMS at https://keims.kdhe.ks.gov as notified in your KEIMS Dashboard, either a report of progress or, in the case of specific action 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 probability of meeting the next scheduled requirements, or, ifthere are no more scheduled requirements, when such noncompliance will be conected.

4.

Test Procedures: All analyses required by this pennit shall conform to the requirements of 40 CFR Part 136, unless otherwise specified, and shall be conducted in a laboratory accredited by the Department. For each measurement or sample, the pe1mittee shall record the exact place, date, and time of measuring/sampling; the date and time of the analyses, the analytical techniques or methods used, minimum detection or rep01table level, and the individual(s) who performed the measuring/sampling and analysis and, the results. If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved procedures, the results shall be included in the Discharge Monitoring Report form required in l.B. above. Such increased frequencies shall also be indicated.

5.

Change in Discharge: All discharges authorized herein shall be consistent with the permit requirements. The discharge of any pollutant not authorized by this pe1mit or of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of this permit. Any anticipated facility expansions, production or flow increases, or production or wastewater treatment system modifications which result in a new, different, or increased discharge of pollutants shall be reported to the Division at least one hundred eighty (180) days before such change.

6.

Facilities Operation: The permittee shall always 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 requirements of this permit and Kansas and Federal law. Proper operation and maintenance also include 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 a permittee only when the operation is necessary to achieve compliance with the requirements of this permit. The permittee shall take all necessary steps to minimize or prevent any adverse impact to human health or the environment resulting from noncompliance with any effluent limits specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. When necessary to maintain compliance with the permit requirements, the permittee shall halt or reduce those activities under its control which generate wastewater routed to this facility.

7.

Incidents:

"Collection System Diversion" means the diversion of wastewater from any portion of the collection system.

"In-Plant Diversion" means routing the wastewater around any treatment unit in the treatment facility through which it would normally flow.

"In-Plant Flow Through" means an incident in which the wastewater continues to be routed through the equipment even though full treatment is not being accomplished because of equipment failure for any reason.

"Spill" means any discharge of wastewater, sludge or other materials from the treatment facility other than effluent or as more specifically described by other "Incidents" te1ms.

"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance or anticipated noncompliance with permit effluent limits because of factors beyond the reasonable control of the permittee, as described by 40 C.F.R. 122.41(n).

8.

Diversions not Exceeding Limits: The permittee may allow any diversion to occur which does not cause effluent limits to be exceeded, but only if it also is for essential maintenance to assure efficient operation. Such diversions are not subject to the Incident Reporting requirements shown below.

Standard Conditions - Effective December 1, 2021 Page 19 of21

Kansas Permit No.: I-NE07-PO02 Page 20 of 21

9.

Prohibition of an In-Plant Diversion: Any in-plant diversion from facilities necessary to maintain compliance with this permit is prohibited, except: (a) where the in-plant diversion was unavoidable to prevent loss oflife, personal injury, or severe property damage; (b) where there were no feasible alternatives to the in-plant diversion, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime and ( c) the permittee submitted a notice as required in the Incident Reporting paragraph below. The Director may approve an anticipated in-plant diversion, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above.

I 0.

Incident Reporting: The pe1mittee shall report any unanticipated collection system diversion, in-plant diversion, in-plant flow through occurrences, spill, upset, or any violation of a permitted daily maximum limit within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> from the time the permittee became aware of the incident. An Incident Report shall be provided within 5 days of the time the pennittee became aware of the incident. The Report shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and 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 recurrence of the noncompliance. An Incident Report may be submitted in KE IMS, see I B above.

For an anticipated incident or any planned changes or activities in the permitted facility that may result in noncompliance with the permit requirements, the permittee shall submit written notice, if possible, at least ten days before the date of the event.

For other noncompliance, the above information shall be provided with the next Discharge Monitoring Report.

11.

Removed Substances: Solids, sludges, filter backwash, or other pollutants removed in the course of treatment of water shall be utilized or disposed of in a manner acceptable to the Division.

12.

Power Failures: The permittee shall provide an alternative power source sufficient to operate the wastewater control facilities or otherwise control pollution and all discharges upon the loss of the primary source of power to the wastewater control facilities.

13.

Right of Entry: The permittee shall allow authorized representatives of the Division of Environment or the Environmental Protection Agency upon the presentation of credentials, to enter upon the pe1mittee's premises where an effluent source is located, or in which are located any records required by this permit, and at reasonable times, to have access to and copy any records required by this permit, to inspect any facilities, monitoring equipment or monitoring method required in this permit, and to sample any influents to, discharges from or materials in the wastewater facilities.

14.

Transfer of Ownership: The permittee shall notify the succeeding owner or controlling person of the existence of this permit by certified letter, a copy of which shall be forwarded to the Division. The succeeding owner shall secure a new permit. This permit is not transferable to any person except after notice and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name of the pe1mittee and incorporate such other requirements as may be necessary.

15.

Records Retention: Unless otherwise specified, all records and information resulting from the monitoring activities required by this permit, including all records of analyses and calibration and maintenance of instruments and recordings from continuous monitoring instruments, shall be retained for a minimum of 3 years, or longer if requested by the Division. Biosolids/sludge records and information are required to be kept for a minimum of 5 years, or longer ifrequested by the Division. Groundwater monitoring data, including background samples results, shall be kept for the life of the facility regardless of ownership.

16.

Availability of Records: Except for data determined to be confidential under 33 USC Section 1318, all reports prepared in accordance with the terms of this pe1mit shall be available for public inspection at the offices of the Department. Effluent data shall not be considered confidential. Knowingly making any false statement on any such report or tampering with equipment to falsify data may result in the imposition of criminal penalties as provided for in 33 USC Section 1319 and KSA 65-I 70c.

17.

Permit Modifications and Terminations: As provided by KAR 28-16-62, after notice and oppmtunity for a hearing, this pe1mit may be modified, suspended or revoked or terminated in whole or in part during its term for cause as provided, but not limited to those set forth in KAR 28-16-62 and KAR 28-I 6-28b through g. The permittee shall furnish to the Director, within a reasonable amount of time, any information which the Director 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 upon request, copies of all records required to be kept by this permit. The filing of a request by the permittee for a permit Standard Conditions - Effective December I, 2021 Page 20 of21

Kansas Permit No.: I-NE07-PO02 Page 21 of 21 modification, revocation and reissuance, or tennination, or a notification of planned changes or anticipated noncompliance does not stay any pennit condition.

18.

Toxic Pollutants: Notwithstanding paragraph 17 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified at such effluent standards) is established under 33 USC Section 1317(a) for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this pennit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition. Nothing in this permit relieves the pennittee from complying with federal toxic effluent standards as promulgated pursuant to 33 USC Section 1317.

19.

Administrative, Civil and Criminal Liability: The permittee shall comply with all requirements of this permit. Except as authorized in paragraph 9 above, nothing in this permit shall be construed to relieve the pennittee from administrative, civil or criminal penalties for noncompliance as provided for in KSA 65-161 et seq., and 33 USC Section 1319.

20.

Oil and Hazardous Substance Liability: Nothing in this pennit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the pennittee is or may be subject to under 33 USC Section 1321 or KSA 65-164 fil filill. A municipal permittee shall promptly notify the Division by telephone upon discovering crude oil or any petroleum derivative in its sewer system or wastewater treatment facilities.

21.

Industrial Users: A municipal permittee shall require any industrial user of the treatment works to comply with 33 USC Section 1317, 1318 and any industrial user of stonn sewers to comply with 3 3 USC Section 13 08.

22.

Property Rights: The issuance of this pennit 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 or any invasion of personal rights nor any infringements of or violation of federal, state, or local laws or regulations.

23.

Operator Certification: The pennittee shall, ifrequired, ensure the wastewater facilities are under the supervision of an operator certified by the Department. If the pennittee does not have a certified operator or loses its ce1tified operator, appropriate steps shall be taken to obtain a ce1tified operator as required by KAR 28-16-30 fil filill.

24.

Severability: The provisions of this pennit are severable. If any provision of this pe1mit or any circumstance is held invalid, the application of such provision to other circumstances and the remainder of the pennit shall not be affected thereby.

25.

Removal from Service: The permittee shall infonn the Division at least three months before a pumping station, treatment unit, or any other part of the treatment facility permitted by this permit is to be removed from service and shall make arrangements acceptable to the Division to decommission the facility or part of the facility being removed from service such that the public health and waters of the state are protected.

26.

Duty to Reapply: A permit holder wishing to continue any activity regulated by this permit after the expiration date, must apply for a new permit at least 180 days prior to expiration of the permit, see 1B above.

27.

Publicly owned treatment works (POTWs): All POTWs shall provide adequate notice to the Director of the following per 40 CFR 122.42(b ):

A. Any new introduction of pollutants into the POTW from a non-domestic source which would be subject to section 301 or 306 ofthe CWA; and B. Any substantial change in the volume or character of pollutants being introduced into a POTW by a non-domestic source.

C.

For purposes of this paragraph, adequate notice shall mean within 30 days of the POTW being aware of the introduction of pollutants and shall include information on the quality and quantity of influent introduced into the POTW, and any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW.

28.

POTW regulated pretreatment program requirements: For POTWs with an approved pretreatment program, the POTW shall:

A. Identify, in tenns of character and volume of pollutants, any Significant Industrial Users discharging into the POTW subject to Pretreatment Standards under section 307(b) of CWA and 40 CFR part 403.

B. Provide to KDHE and EPA a written technical evaluation of the need to develop new local limits or revise existing local limits under 40 CFR 403.5(c)(l).

29.

This permit may be reopened and modified if KDHE and/or EPA determines the permittee shall develop and approved pretreatment program that complies with 40 CFR, Part 403.

Standard Conditions - Effective December 1, 2021 Page 21 of21