ML19257D526

Forwards NPDES Permit Mod for facility,791108 Ltr Requesting State Certification Be Incorporated Into Modified Permit & 781221 Ltr Issuing State Certification

ML19257D526
Person / Time
Site:	Hartsville
Issue date:	01/18/1980
From:	Harvey S ENVIRONMENTAL PROTECTION AGENCY
To:	Elashry M TENNESSEE VALLEY AUTHORITY
Shared Package
ML19257D527	List: ML19257D526 ML19257D530
References
TN0027740, TN27740, NUDOCS 8002040538
Download: ML19257D526 (4)

Text

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N (QJ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY g

%%8 REGION IV 345 COURTLAND STREET ATLANTA. GEORG!A 30308 ,

4E-WE 3 ,

JAN 181980

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Dr. Mohamed T. El-Ashry Director Environmental Quality Tennessee Valley Authority Forestry Building Norris, Tennessee 37828 Re: Modification of NPDES Permit # TN0027740 (Hartsville Nuclear Plant)

Dear Sir:

Enclosed is the National Pollutant Discharge Elimination System (NPDES) permit modification for the above referenced facility. This action constitutes issuance of a final permit under Title 40, Code of Federal Regul'ations, Section 124.61 (44 FR 32936, June 7,1979) .

In accordance with ,40 CFR 124.61, this modification will become effective on the effective date noted in the modification provided that no request for an evidentiary or panel hearing is granted by the Agency. In the event that such a request is granted, the contested provisions of the modification will be stayed and will not become effective until the administrative review process is completed. All uncontested provisions of the modification will be effe-tive and enforceable in accordance with the provisions of 40 CFR 124.61(e) .

If you vish to request an evidentiary hearing or a panel hearing, you must submit such request (an original and two copies) to the Regional Hearing Clerk within thirty (30) days from the receipt of this letter. The request will be timely if mailed by certified mail within the thirty (30) day time period.

For the request to be valid, it must conform to the requirements of 40 CFR 124.74.

A summary of these requirements is enclosed.

Information on procedures and legal matters pertaining to an evidentiary or panel hearing request eay be obtained by contacting 'fr. James L. Zimmerman, Attorney, EPA Legal Branch, at 404/881-3506.

Sincerely yours, Sanford W. Harvey, Jr.

h I Director Enforcement Division 1866 250 Enclosures cc: See Attached 8002040 SW

cc: , Mr. Elmo Lunn

~ Tennessee Dept. of Public Health Asst. Director of Environmental Projects U. S. Nuclear Regulatory Commission Mr. Kenneth E. Black, Regional Director U. S. Fish and Wildlife Service

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1866 251

REQUIREMENTS FOR EVIDENTIARY / PANEL W ARING REQUEST Evidentiary Hearing (40 CFR 124.74)

1. Requests must be made within 30 days following date of issuance of final permit.

2. Regaests must contain:

(a) the name, mailing address, and t elephone number of the person mailing the request (b) a clrar and concise factual statement of the nature and scupe of the int erest of the requester (c) the names and addresses of all persons whom the requester represents (d) a stat ement by the requester that upon motion of any part y, or upon request of the Presiding Officer and without cost or expense to any other party, the requester shall make available to appear and testify the following:

(i) the requester (il) all persons represented by the requester, and (iii) all officers, directors, employees, consult ant s and agents of the requester and the persons represented by the requester.

(e) a statement of each legal or factual question alleged to be at issue and thier relevance to the permit decision together with a designa-tiun of the specific factual areas to be adjudical ed (f) an estimat e of the hearing time necessar y for the adjudicat ion (g) specific references to the contested permit terms and condi-tions as well as suggested revised or alternate permit terms and conditions, (not excluding permit denial) which, in the judgement of the request er, would be required to implement the purposes and policies of the Clean Wat er Act.

(h) in the case of challenges to the application of control or treatment technologies identified in the st atement of basis or the fact sheet ,

identification of the basis for the objection, and the alternative technologies which the requester believes are necessary to meet the requirements of the Clean Water Act.

1866 252

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• (i) specific identification of each of the discharger's oblications which should be stayed if tne request is grant ed. If the request cont est s mc e than one permit term or condition then each obligation which is proposed to be stayed must be referenced to the particular contested term warranting the stay.

Panel Hearing (40 CFR 124.111)

The form and content of a request for a panel hearing is the same as for an evidentiary nearing, except that the permittee may specifically include a request that the hearing be conducted under the non-adversary procedures of subpart I of the regulations.

' Note: for new source & new dischargers, if the request is granted, the applicant will be considered without a permit pending final agency action.

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