ML20080Q204

Forwards Latest Change to NPDES Permit Effective 830908,per Request

ML20080Q204
Person / Time
Site:	Pilgrim
Issue date:	10/05/1983
From:	Harrington W BOSTON EDISON CO.
To:	Vassallo D Office of Nuclear Reactor Regulation
References
83-245, NUDOCS 8310120307
Download: ML20080Q204 (45)

Text

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h BOSTON EDISON COMPANY 800 BOYLsTON STREET RosTON, M AssACHusETTs 02199 WILLIAM D. HARRINGTON eeween viss posasoswt October 5, 1983 BEco 83-245 Mr. Domenic B. Vassallo, Chief Operating Reactors Branch #2 Division of Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 License No. DPR-35 Docket No. 50-293 NPDES Permit of September, 1983

Dear Sir:

-Your letter of March 11, 1983 transmitted Amendment 67 to Pilgrim's operating license. This amendment deleted Appendix B, which dealt with water quality requirements. In place of Appendix B, it was decided to rely on the more restric-tive requirements of the National Pollutant Discharge Elimination System (NPDES) permit for Pilgrim.

In accordance with your request to be kept informed about changes in our NPDES Permit, attached is the latest change which was issued and effective as of Sep-tember 8, 1983. Should you wish any information on this, please contact us.

Very truly yours, PMK/ mat

Attachment:

NPDES Permit cc: Mr. Thomas E. Murley, Regional Administrator U.S. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, PA 19406 cco '

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AML 3 I UNITE] STATES ENVIRINMENTAL PRSTECTl3N AGENCY 4wt REGION,1 J. F. KENNEDY FEDERAL BUILDING, BbSTON, MASSACHUSETTS 02203 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Septemoer 9, 1983 Mr. Richard Machon Station Manager Pilgrim Nuclear Power Station Rocky Hill Road grrply{g -

Pylmouth, MA 02360 c a-NPDES Application No. MA0003557 3 99N3 Re: ,

Pil Ghl DN SiON l

Dear Mr. Machon:

Enclosed is your final National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to the Clean Water Act (the

" Federal Act"), as amended, and the Massachusetts Clean Waters Act (the " State Act"), 21 M.G.L. S S4 3-4 5, as amended. The Environnental Permit Regulations, at 40 C.F.R. S124.15, 4 8 Fed. Reg. 14271 (April 1, 1983), require this permit to become effective on the date specified in the permit. Under State law the permit shall become effective 30 days from receipt.

Also enclosed is a copy of the Agency's response to the comments received on the draft permit and information relative to hearing requests and stays of NPDES permits. Should you desire to request a formal hearing, your request should be submitted to the Agency as outlined in the enclosure and a similar request should also be filed with the Director of the Massachusetts Division of Water Pollution Control in accordance with the provisions of the Massachusetts Admin-istrative Procedures Act and the Division's Rules for the Conduct of Adjudicatory Proceedings. hearing requests should be filed with the State within 21 days of receipt of this letter.

he appreciate your cooperation throughout the development of this permit. Should you have any questions concerning the permit, feel free to contact Robert Leger, of my staff at 617/223-5061.

Sincerely, y

Wil Edward K. McSweeney, Chief Water Quality Branch Enclosures cc: State Water Pollution Control Agency All Interested Partie's L

If you wich to contest Any of the provisions of this parmit you any requant a formal hearing within 30 days of receipt of this lotter. The request should ba sub'mitted to the Regional Hearing

- Clerk at the following address:

Regional Hearing Clerk -

U.S. Environmental Protection Agency -

Office of Regional Counsel John F. Kennedy Federal Building Room 2103 Boston, MA 02203 Any request for a formal hearing must conform to the requirements of 40 C.F.R. 5124.74 (b) and (c). You should also be aware that no issues can be raised at a hearing that were not previously raised on the draft permit unless good cause is shown. See 40 C.F.R. $124.76.

' Copies of 40 C.F.R. 55124.74 and 124.76 are enclosed for your information.

i STAYS OF NPDES PERMITS NEW SOURCE, NEW DISCHARGER, RECOMNENCING DISCHARGER

-Should the Agency receive and grant a request for a formal hearing, you shall be without a permit pending final Agency action, unless an order authorizing operation is obtained from the Presiding Officer, in accordance with the provisions of 40 C.F.R. SS124.16 (a)(1) and 124.60 (a)(1) and (2).

EXISTING SOURCES

-Should the Agency receive and grant a request for a fornal hearing, the contested provisions of the permit will be stayed and will

' not become effective until the administrative review process is completed, in accordance with 40 C.F.R. 55124.16 and 124.60(c).

l All uncontested provisions of the permit will be effective and i

enforceable in accordance with the provisions of 40 C.F.R.

5124.60(c)(5).

Copies of 40 C.F.R. $5124.16 and 124.60 are enclosed for your information.

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I c %ese req:este sh:ll des cont:In: l

(;)%e Regisn:1 Administrator must 91304 fasepeats ter eveseneury heereis- -

• Ia dithin 30 dava following the "1 he name me ling address, andhme

. evidIntitry be: ringnumber of the en o particular pers n m: king ; pant adv) ice of notice of the Regional such request; permit. All requnts that are panted for Administrator's final permit decision o partici.!ar permit shall be ccmbinsd in ander 6124.15 any interested person (2) A clear and concise f:ctu .1 a single esidentiary hearing.

sistement of the nature and scope of the may submit a mquest to the Regional internt of the resquester. (f)ne Regions! Administrator (upon Administrator under paragraph (b) of notice to all persons who have already this section for an evidentiary hearing to (3)ne names and addresses of all submitted been'ng nquests) may extend Persons whon' the requester represents; the time aHowed for submitting hearing reconsider or contest that decision. u and such a request is submitted by a person (4) A statement by the requester that. r, quests under this section for good other than the permittee,the person ape motion of any party panted by the cause. .

abau simultaneously serve a copy of the Pruiding Men, w upon wdn of de -

request on the permittee. hui&ng Meer sw spate dout (b)(1)In accordance with l'124.7s* cost or expense to any other party, the such requests shall state each legal or requester shaU make available to appear factu:1 question alleged to be at issue, and testify, the following-and their relevance to the permit (t)ne requester, decisi:n. together with a designation of (ii) A I persons reprnented by the Ibe specific factual areas to be adjudicated and the hearing time  %,,) ster, andAll officers, directors, employees, estimat:d to be necessary for consultants, and agents of the requestee adjudic-tion.laformation supporting the and the persons represented by the request or other written documents requesta.

relied 'upon to support the request shall (5) Specific references to the be submitted as required by i124.73 contested permit conditions, as well as unless they are already part of the suggestad revised or alternative permit tdminIstrative record required by conditions (includirig permit denlau) which. In the judgment of the requester.

6 124.18. would be required to implement the Noes.--his paragraph allows the purposes and policies of the CWA.

embanuion of requests for evidentiary (6)In the case of challenges to the bearings even though both legal and factual issues may be relsed. or only legalissues application of control or treatment technologies identified in the statement may be reteed. In the latter case, because no Isetual ies es were reited. the Itesional of basis or fact sheet. identification of Adnunistrator would be required to deny the the basis for the objection. and the sequest. However, on review of the denial the alternative technol 'es or combination Administrator is authorised by i13tettel(11 *f I.e chm!gu whi &e nquoter 9 m.75 Otagstion to oute#t seessnes ta review policy or legal conclusions of the and reise leause before a finer pome is b'I".ves are necessary to meet the -

Regional Administrator. EPA is requinas an reqmrements of the CWA. dmoued.

appe:I to the Adrninistrator even of purely (7)Identifica*. ion of the permit No evidence shaU be submitted by lega! issues involved in a permit decision to obligations that are contested or are arty to a hearing under this ensure that the Administrator will beve an inseverable from contested conditions an[part that was not submitted tc th g,

e,portunity to review any permit before it and should be stayed if the request is administrative record required by will be anal and subject to judicial aview. a ar $124.18 as part of the preparation of and (2) Persons requesting an evidentiary gra[

, [t w g comment on a draft permit. unless good hearing on an NPDES permit under this cause is shown for the failure to subnut sectirn may also request an evidentiary 8'hiHuring mquuts also may ask est it. No issues shall be raised by any perg hearing on a RCRA or UIC permit.PSD a fwmal be ' be held under the that were not submitted to the permits may never be made part of an orth in Subpart F. An administrative record requind by evidentiary hearing under Subpsrt E. {rocedumspplicant may make such a5124.18 request even as part of the preparation of and his request is subject to all the if the proceeding does not constitute c mment a s draft pumn unius good requinments of paragraph (b)(t) of this "initiallicensing" as defined in cause is shown for the failun to subaut section and in addition will be granted g 33'ggg them. Good cause includes the case only if; (d)If theRes!onal Administrator when Ge party suking to raise the new (1) Processing of the RCRA or UIC yants an evidentiary hearing request. in issuu m introduce new informshon permit at issue was consolidated with whole or in part,the Regional shows that it could not reasonsbly how the processing of the NPDES permit as Administrator sheB identify the permit ascertained the inues er made the provided in $ 1344 conditions which have been contested inf rmati n available within the tune by the requester and for which the * 'I it old not (ii)De standards for granting a [9"y " ,DI,  ; ed hearing on the NPDES permit are met: evidentiary bearing has been grarrted.

permit conditions which are not relevance or materiality of the (lillne resolution of the NPDES contested or for which the Regional infor m m W r e ced permit issues is likely to make necessary Good caudsts fx h immdM er rppropriate esodification of the RCRA Administrator has denied the heanna request shall not be affected by.or Ma anuaWe e opnation uthonsed or UIC poemit; and .

considered at,the evidentiary hearing. sadn 5124 8MaM2).

(iv)1f a PBD perudt is lavolved, a ne Regional Administrator shaU permittee who is eligible for an specify these conditions in writing in evidentiary hearing under Subpart E on accordance with i 124.ao(c).

his or het NPDES permit requests that the formal bearing be conducted under the procedures of Subpart F and the Regional Admlaistrator flada that -9 eensolidation is unlikly to deley final permit issuance beyond the PSD one-year statutory deadlise.

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$ (H to lueuence an[ofesoeve este ased (2)When effluentlimitations are under i 124.75 ran an tpplication for o attya of IsPDES psenden.

ecotested, but the underlying contrcl renewd cf an existing permit, all In addition to the requirteents of technilop is 3:t. the notice shall identify sne instellation of the I?S4.15, the foDowing provisions apply technology in accordance with the  ! as provisions uncontest<tdof'.heprovisfonsexisting of the newpermit as weD to NPDES permita and to RCRA or UIC permit. shal' continue fuDy enforceable permit compliance schedules (if permits to the extent those permits may ancontested) as an uncontested, and effecti e until anal agency action save been consolidated with an NPDES enforceable obligation of the permit. under i12t91. (See i122.0) Upon permit b a formal hearing: written nquest frem the applican't. the

(:](1)lf a request for a formal haa'riag (3) When a co'nbinat33n of technologies is contested. but a portion Regional Administrator may delete is panted under i124.75 or i 124.114 of the combination is not contested, that mquirements from the existing permit regardmg the initial permit issued for a which tanecessarily duplicate new source, a new discharger, or a portion shaU be identified as uncontested if compatible with the uncontested provisions of the new recommencing discharper, or if a combination of technologies proposed permic petition for review of the denial of a (f) When issuing a finaUy effective request for a formal hearing with respect ' by the requester.

(4) Uncontested conditions,if NPOES permit b condition d which to such a permit is timely Bled with the inseverable from a contested conditaon, we,e the subject of a formal hearing Administrator under l 124.91, the shall be considered contested. mder Subparts E or F, the Regional cpplicant shaU be without a permit A.iministrator shall extend the permit

. mending f:nal Agency action undar (5) Uncontested conditions shall become enforceable 30 days after the compliance schedule to the extent I124.91. date of notice under paragraph (c)(1) of required by a stay under this seccon (2) Wh+rever a source subject to this this section punting the request. lf, provided that no such extension shaU be paragraph has aceived a Baal permit however, a aquest for a formal hearing panted which would:

ander i 124.15 which is the subject of a beiring nquest under i124.74 or a on a condition was denied and the (1) Result in the <iolation of an formd heartng under i124.75, the dental is appealed under $ 124.91, then applicable statutory deadline; or that condition shsU become enforceable (2) f'.ause the permit to expire more Presiding OfLcer, on motion by the than 5 years after issuance under source. may issue an order authorizing 11 spon the date of the notice of the Administrator's decision on the appealif I124.15(a).

O begin operation before Snel agency the denial is affirmed, or shall be stayed, acti:n ifit complies with all conditions h h sim a d - adas in accordance with this section.if the under i 124.cotf)p! wiU not automaticaUy be of th'.1 final permit during the period srented for e period equal to the period the until find agency action. The Presiding Administrator reverses the denial and Fants the evidentiary hearirig. stay is in effect for en effluent timf tation. For Officer may pant such a motion in any example. If both the Agency and the case where no party opposes it, or,if a (6) Uncontested conditions abril discharger agree that a certain treatment party (pposes the motion, where the include: 8'chnol Ey is required by the CWA where source demonstrates that (i)it is likel (i) Prelindnary design, and engineering nd s to previll on the merits; (ii) irreparabfe studies or other reguirements necessary c afkbk,aja _,

harm 13 the environment will not result to achieve the final permit conditions which the technology will achieve.

which do not entall substantial requiremente regardma install tion of the Pendmg final agency action if it is anderlying technology will not be stayed albwed to commence operations before expenditures; fini! agency a: tion; and (iii) the public (ii) Permit conditions which will have durins extends thethebeann6 beyond rmel comThus. unless hence date m the bearina interest requires that the source be to be met regardless of which party the pumit. it wiu not mim y be neceuary alhwid to commence operations. All prevails at the evidentiary hearing; "* e iance eu the conditions of an rmit covered by' (iii) When the dietharger proposed a ,b dptthe e m(g Cat crder shall be y effective and less stringent level of tnetment than to cheuenaed. the stay for instausoon enforceable. that contained in the final permit, any requirements relatma to that technology (b) The Regional Administrator, at permit conditions appropriate to meet weuld extend for the duration of the heartna any time prior to the rendering of an the levels proposed by the discharger,if purposu $&al dw initial decision in a formal hearing on a the measures te uired to attain that less ""p"

• b"*I'8'"*7 Permit, may withdraw the permit and stringent level o treatment are n a pumu"dou not occur unlus consistent with the measures required to *j " g Prepre a new '

draft permit under i 124.6 a e e r ans en fr ftpermit hall d a E and F and i 124.91. Any party which through the same process ofpublic 5[f Construction activities, such as 5"M' ukfNsh$".k %yk[!$a"k'n*Mi""'d porti:ns of the permit which are not conditions and could also be used to withdrawn and which are not stayed achieve the discharger's proposed and:r this section shat remain in effect, alternative conditions.

(c)(1)lf a re est for a formal hearing (d)If at any time after a hearingis la Fanted in w ole or in part under gianted and after the Regional i124.75 regarding a permit for an Administrator's notice under pararaph ex sung source,orif a petiuon for (c)(1) of this section it becomes clear

.avhw of the denial of a request for a I that a permit requirement is no lo7er o ntested, ar.y party may nquest e t a tim y d Presiding Officer to issue an order Administrator under 5124.91, the force idenufying ee nquimments as and effect of the contested conditions of ancontutedme nqhment iden&d the fin-! permit shall besha stabed.De in such order shall become enforceable Regfonal Administrator notifv,in 30 days after the issuance of the order.

accordsnce with 6124.75, the discharger and all partiu of the uncontested conditions of the final permit that are enfirceable obligations of the Meger. , , ,

Stato Parmit Co. 359 l

-o Faderal Parmit No.MA0003557

' e Pago 1 of 13 i"' State Application Mo. 302 Reissuance AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARCE ELIMINATION SYSTEM In compliance with the provisions of the Federal Clean Water Act, as amended,-(33 U.S.C. {1251 g seo.; the " CWA"), and the Massachusetts Clean Waters Act, as amended, (M.G.L. Chap. 21,

((26-53),

Boston Edison Company

- Pilgrim Station, Unit No. 1 1 is authorized to discharge from the facility located at j Rocky Hill Kvad ,

i Plymouth, Massachusetts to receiving waters named ,

Cape Cod Bay in accordance with effluent limitations, monitoring requirements and other conditions set forth herein.

This permit shall become effective on the date of signature.

This permit and the authorization to discharge expire at midnight, five years from the effective date. ,

This permit supersedes the permit issued on 15 May 1980.

This permit consists of 13 pages in Part I inc3 uding ef fluent limitations, monitoring requirements, etc. and 19 pages in Part II including General Conditions and Definitions.

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f nar, Signed thisP O day of SybmL,, /if3 s t ("h ,g . > . ,

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Director, Division of Water

' Acting Director, Water Management Division Pollution Control Environmental Protection Agency Department of Environmental

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Region I Quality Engineering Boston, MA Co:.monwealth of Massachusetts Boston, MA

" P2rt I Pormit No.MA0003557 Page 2 of 13 A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. Except as specified in this paragraph and in paragraphs 2 thru 6 below, the permittee is not authorized to discharge to Cape Cod Day a final effluent to which it has added any pollutants.

a. Chlorine may be used as a biocide. No other biocide shall be used without explicit approval from EPA and the Director.

(1) Total residual chlorine (total residual oxidants) may not be discharged from any single generating unit for more then two hours per day. The quantity of total residual chlorine (total residual oxidants) discharged in once through cooling water from each discharge point shall not exceed a maximum concentration of 0.10 mg/1. Simultaneous multi-unit chlorination is permitted.

(2) Continuous chlorination of the service water system may be used for macroinvertebrate control. The total residual chlorine (total residual oxidant) concentration shall not exceed a maximum daily concentration of 0.5 mg/l nor exceed an average daily concentration of 0.25 mg/l in the service water discharge prior to mixing with any other stream.

b. The discharges shall not jeopardize any Class SA use of the Cape Cod Bay and shall not violate applicable water quality standards. Pollutants which are not limited by this permit, but which have been specifically disclosed in the permit appli-cation, may be discharged at the frequency and level disclosed in the application, provided that such discharge does not violate Sections 307 or 311 of the Act or applicable water quality standards.

c. This permit shall be modified, or revoked and reissued to comply with any applicable effluent standard or limitation issued or approved ur. der Sections 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Act, if the effluent standard or limitation so issued or approved:

(1) contains different conditions or is otherwise more stringent than any effluent limitation in this permit; or (2) controls any pollutant not limited by this permit.

If the permit is modified or reissued, it shall be revised to reflect all currently applicable requirements of the Act.

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.- Page 3 of 13

d. The term " EPA" means the Regional Administrator (or designee) of Region I of the U.S. Environmental Protection Agency and the term" Director" means the Director of the Division of Water Pollution Control of the nepartmtat of Envir'enmentel Ouality Engineering.

e. There shall be no discharge of polychlorinated biphenyl compounds such as commonly used for transformer fluid.

f. There shall be no discharge of treated or untreated chemicals .l which result from the cleaning or warhing of condensers or I equipment wherein heavy metals may be discharged.

g. The permittee shall operate all facilities in such a manner as to prevent a rise or fall of more than 3*F above the normalVa ria tion steady state condenset T over any 60-minute period.

in inlet temperature shall not be considered a. an operational rise or fall of temperatures. During normal lo.d cycling, a temperature change of 10'F rise or fall over sny 60 minute period will be allowed. Normal startup temperature riseInshall the not exceed the maximum allowed in subsection I.A.2.b.

event of reactor scram or emergenney shutdown, the allowable decrease of 10*F per hour may be exceeded. If such an event occurs, the permittee shall report the occurrence in the next quarterly report to EPA and the Director.

h. The thermal plumes from the station:

(1) shall not deleteriously interfere with the natural movements, reproductive cycles, or migratory pathways of the indigenous populations within the water body segment; (2) shall have minimal contact with the surrounding shorelines.

i. It has been determined that the circulating water intake structure presently designed employs the best technology available for minimizing adverse environmental impact. No change in the location, design or capacity of the present l structure can be made without prior approval of EPA and the I

Director. The present design shall be reviewed for conformity to regulations persuant to Section 316(b) when such are promulgated.

j. All live fish, shellfish, and other aquatic organisms collected or trapped on the intake screens shall be returned to water of ambient temperature sufficiently distant from the intake structures to prevent reimpingement. All solid materials except leaves and twigs removed from the screens shall be disposed of on land.

I k. The permittee shall notify EPA and the Director as soon as it knows or has reason to believe:

.. Part I

' Parmit No.MA0003557 Page 4 of 13

- (1) that any activity has occurred or will occur which would result in the discharge of any toxic pollutant which is not limited in the permit, if that disharge will exceed the highest of the following " notification levels "

(a) one hundred micrograms per liter (100 ug/1) for all toxic pollutants except for (b) to (d) below.

(b) two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (c) five (5) times the maximum concentration value reported for that pollutant in the permit application; or (d) any other notification level established by the EPA in accordance with 40 C.F.R. S 12 2. 6 2 ( f ) .

(2) That it has begun or expects to begin to use or manu-facture as an intermediate or final product or by-product any pollutant which was not reported in the permit application.

1. Any discharge of radioactive vaste shall be in conformance with regulations promulgated by the Nuclear Regulatory Commission.

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2. During the period beginning effective date and lasting through expiration date, the permittee is authorized to discharge from outfall serial ntaber 001, Condenser cooling waters.

a. Such discharges shall be limited and nonitored by the permittee as specified below:

Monitoring Pequirements Discharge Limitations Effluent Characteristic Measurement Sanple Frequency _ 'lype Average Monthly Maximum Daily I

continuous

• Daily average 447.0 510.O and range Flo M D 2 represerstative 0.1

'Ibtal Ibsidual Oxidants, mg/l grab sanples when in use l

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b. %e tenperature of "a discharge shall at no time exceed a 32*F rise over the tenperature o'Ibnperature intake water but also shall at no time exced a maxinazn of 102*F. .

continuously to detemine the daily average and range.

f the intake

c. %e pH of the discharge shall not vary by more than 0.5 standard units fran that o water.

d. %ere shall be no discharge of a visible oil sheen, foam, or floating In such cases, solids in other than the use ,

trace anounts except in cases of condenser leak seeking and sealing. the extent of a reasonable quantity of biodegradable and non-toxic material may be used toEach quarter . , , , th necessary to find and/or seal the Icak. eao and anounts of such material used. h ll be taken S32~*

God Bay, m .,

c. Sanples taken in conpliance with the monitoring requirements specified o=

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• %e flow rate shall be estimated from ptsnp capacity curves and operational hours. M 3=

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• Parmit No.MA0003557 P293 6 of 13

f. The permitttee shall maintain a barrier net as nsar to the terminal end of the discharge canal as good engineering practice will allow. Except for changing nets or other barrier maintenance, it shall at all times prevent fish entry into the canal.

g. If EPA or the Director of the Massachusetts N vision of Water Pollution Control (MDWPC) determine that the physical barrier net required by subparagraph f above does not effectively prevent the mortality of menhaden or other finfish, the permittee shall, from the date of said determination, maintain an average dissolved nitrogen saturation level of less than 115%. The dissolved nitroaen saturation level is defined as the dissolved nitrogen saturation at the surface layer of the canal at the point of discharge into the bay during periods of time when a school of menhaden or other finfish susceptible to mortality from gas bubble disease is detected in or near the discharge canal by the program developed under paragragh 6(b) below.

After it has been determined by representatives of the permittee, EPA, or MDWPC that fish as mentioned above are within the prescribed area, the permittee shall as soon as possible take l

' the necessary steps to reduce the dissolved nitrogen saturation level to the permitted level.

3. During the period beginning effective date aM lasting through expiration date the pemittee is authorized to discharge from outfall serial number 002, thennal hrkwash for bio-fouling control.

a. Such discharges shall be limited and nonitored by the permittee as specified below:

Discharge Limitations Monitoring Requirments Effluent Characteristic Measurement Sanple Max. niily Prequency Type Avg. Monthly 255.0 men in use Dstimate*

Flow - MGD

b. We discharge shall not be more frequent than three hours aInfrequent, day twice each weekenvironmenntal abnormal for those periodsconditions when required for the plant to operate most efficiently.%ese conditions shall be specified in the subsequent quarterly may require this frequency to be doubled. .

report.

'Ibnperature

c. We tenperature of the discharge shall at no tine exceed a maximum tenperature of 120*F.

shall be monitored continuously when in use to determine the average and range.

d. %e pH shall not vary more than 0.5 standard units from that of the intake water. .

e. %ere shall be no discharge of oil, floating solids or visible foam in other than trace amoints.

f. Sanples taken in coupliance with the monitoring requirements specified above shall be taken yy at the point of discharge into the intake canal. ae

• Flow rate is to be estimated as if backflushing took place for 24 continuous hours. ${

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4. During the period beginning effective date and lasting through expiration date003 - Intake Screen the pemittee is authorized to discharge from outfall serial nunber below:

c. Such discharges shall be limited and monitored by the pemittee as specified Monitoring Requirements Discharge Limitations Effluent Characteristic Measurement Sanple Average Maximum Frequency Type Monthly _ Daily _

Daily Estimate 0.336 2.02 Flow - MGD f the intake water b, 'Ihe temerature of the discharge shall at no time exceed the torperature o used for this vischarge.

h intake screen should be

c. All live fish, shellfish, and other organisms collected or trapped on t eintake structures to prewnt .

returned to water of abient tenverature sufficiently distant frun the reir:pingement. unts.

d. '1here shall be no discharge of floating solids or visible foarn in other than trace amo i d above shall be taken .

e. Sanples taken in conpliance with the moniroeing requirements specif eat s W (D D M3 M M Q B st CD tt H mo.

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5. During the period beginning effective date and lasting tnrough expiration date the permittee is authorized to discharge fran outfall serial ntaber 010 service cooling water.

c. Such discharges shall be limited and monitored by the permittee as specified below:

Effluent Otaracteristic Discharge Limitations Monitoring Requirenents i;

' Measurement Sanple I Avg. Monthly Max. Daily Frequency Type ,

Flc 6 11.7 Continuous

• Daily Awerage '

and Range  :

'Ibtal residual Oxidants, ng/l 0.25 0.5 Continuous Daily Average  ;

and Range

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b. Continuous chlorination of the service water system may be used for macroinvertebrate control.

i j c. Sanples taken in conpliance with the monitoring requirements specified above shall be taken ,

ct the heat exchanger.  !

• 'Ihe flow rate shall be estimated frun ptmp capacity curves and onerational hours. t i

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6. During the period beginning effective date and lasting through expiration date

the permittee is authorized to dis &arge from outfall serial nunber 011*, make up water

' and demineralizer waste discharge,

a. Such discharges shall be limited and monitored by the permittee as specified below:

Discharge Limitations Monitoring Requirements Effluent Characteristic Measurement Sanple Avg. Monthly Max. Daily Frequency Type 0.015 0.06 Stimate htimate Daily Flow-MGD Average I, Bange 30 100 Bac& Grab j Suspeiided Solids mg/l l i l l i

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b. 'Ihe pH shall not be less than 6.1 standard units nor greater than 8.4 standard units.

c. Sanples taken in coupliance with the monitoring requirements specified above shall be taken

' at a point prior to mixing with any other stream.

• Ebrmerly designated Discharge 001B.

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, Parmit No.MA0003557 Page 11 of 13

- 7. Biological Monitoring

a. Any incidence of fish mortality associated with the thermal plume or of unusual numbers of fish impinged on the inteke traveling screens shall be reported to EPA and the Director immediately by telephone report as required in Part I1(1)(5) of this permit. A writtenThese confirmation report is to be provided within five (5) days.

iervtL6 should include thef.following:,

(1) The kinds, sizes, and approximate number of fish involved in the incident.

(2) The time and date of the occurrence.

(3) The operating mode of the plant at the time of the occurrence.

(4) The opinion of the company as to the reason the incident occured.

b. The permittee shall conduct such studies and monitoring as are determined by EPA and the Director to be necessary Unitto1, evaluate on the the effect of the operation of the Pilgrim Station, balanced, indigenous community of shellfish, fish, and wildlife in and on Cape Cod Bay.

c. The 1983 Environmental Monitoring, Thermal Discharge Fish Surveillance and Disssolved Nitrogen Saturation Reduction Program and Plan submitted on December 20, 1982 have been approved and are presently in effect (see Attachment I).

d. No later than December 31st of each year, the permitte shall submit to the Regional Administrator and the Director for approval any revisions of the existing biological monitoring program (subparagraph b above) which may be warrented by the availability of new information. Upon approval by the Regiona1 Administrator and the Director, the revised program submitted in accordance with this paragraph shall be incorporated as part of this permit.

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Permit P;g3 12 of 13 h

o C. MONITORING AND REPORTING the previous 3 months a

1. Reporting d reported on separate Monitoring results obtained l wing theduringshall be summarize completed_.reporting (s) po Discharge Monitoring Report Form

• the 28th day of the month fol oThe first report is due on _

period. ,

and all other reportsd to the Regional A Duplicate signed copies of these, required herein, shall be submitteat the following addresses:

and the State Environmental Protection Agency Region I Permits Processing Unit Room 2109, JFK Federal 02203 Building Boston, Massachusetts The state agency is: Pollution Control Massachusetts Division Lakeville of Water Hospital Lakeville, Massachusetts 02203 i

tions and reports required the state at:

Signed copies of all other notif caby this permit s Massachusetts Division of Water PoPermit Sec One Winter Street 02108 Boston, Massachusetts the quarterly cycle t e shall continue reporting onand October 1st.

• The permit e April 1st, July 1st, of January 1st, r

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Pago 13 of 13 {

D. STATE PERMIT CONDITIONS Environmental This Discharge Permit'is issued jointly by the U. S. d  ;,

Protection Agency and the Division of Water Pollution Control un er Federal and State law,'respectively. As such, all the terms and itute conditions of this permit are hereby incorporated into and const a discharge permit issued by the Director of the Massachusetts 21, Division of Water Pollution Control pursuant to M.G.L. Chap.

543. h terms Each Agency shall have the independent right to enforce t eAny modific and tion conditions of this Permit.of this Permit snall be effective tusonlyof this with respe taking such action, and shall not affect the validity or sta Agency has Permit as issued by the other Agency, unless and until each tion.

concurred in writing with such modification, is declared, invalid, suspension illegal or revoca ll remain In the event any portion of this Permit or otherwise issued in violation of State law Luch permit sha issued isby in full S.force and effect under Federal law as an NPDES Per the U.

declared invalid, Environmental Protection Agency. In the event law th law, this Permit shall remain in full force and ef fect under State as a Permit issued by the Commonwealth of Massachusetts.

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Attachment I Permit No: MA0003557 1

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- . MARINE ECOLOGY STUDIES RELATED TO OPERATION OF PILGRIM'TTATION UNIT 1 (NPDES PERMIT PROGRAMS)

In accordance with NPDES Pemit requirements for Pilgrim 1 (Permit fMA0003557) the

'following modified programs which commenced in January 1978, am presented for 1983.

The 19.78,1979,1980,1981 and 1982 programs were submitted to the Regional Adminis-trator, U. S. Environmental Protection Agency and Director. Mass. Division of Water Pollution Control, in December 1977,1978,1979,1980 and 1981,.nspectively. ,

I. ENVIRONMENTAL MONITORING ,

The Environmental Monitoring Program represents a continuation of previous studies. Pre-operational studies for Pilgrim Unit 1 comenced in 1969, almost four years befom initial operation in December 1972. In accordance with environmental monitoring and reporting requirements of the Unit 1 Operating License, DPR-35, issued by the U. S. Atomic Energy Comission (now the Nuclear Regulatory Commission) Boston Edison has carried out a post-operational Marine Ecology Program. This program was designed to investigate the Cape Cod Bay ecosystem, with emphasis on the Rocky Point area, in order to detemine whether the operation of Pilgrim Station resulted in measurable effects on the marine ecology and evaluate the significance of any such effects. The Marine Ecology Program for Unit 1 continued for five years frcm initial full power cperation - that is, through December 1977 and is now replaced by this NPDES Pemit Program. The post-operational studies for Pilgrim Unit 1 and the collected data are incorporated and analyzed in the Marine Ecology Semi-Annual Reports (f1-20), Marine Ecology Final Report (1978), and the 316 Demonstration Document (1975) and Supplement (1977).

The NPDES Program includes the following elements:

A. Pilgrim Administrative - Technical Comittee The Pilgrim Administrative - Technical Comittee (PATC) is an advisory comittee that was established to ensure tr.at the Pilgrim marine studies have the benefit of qualified scientific and technical advice and are The PATC recommends, helps nsponsive to regulatory agency concerns.

plan, and reviews marine studies and recomends improvement It has held.60 meetingstosince ongoing

( studies based on the latest results.

(

July 16,1969, and will continue to be involved in the Pilgrim future marine studies. The PATC concurs with the Envirorvnental Monitoring Program presented here for 1983. The PATC is composed of two repre-l sentatives (technical and administrative) from each interested federal and state regulatory agency and Boston Edison Company, and one member from the University of Passachusetts. The present membership is as

follows

Agency National Marine Fisheries Service f

i Mass. Division of Water Pollution Control U. S. Environmental Protection Agency (non-voting) se. . . mm.. .a.. . so. _a .. ra .s. . .a . .

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Attochment I Permit No: MA0003557 U. S. Fish and Wildlife Service ,

. University of Massachusetts

- Boston Edison Company i

Each meeting is chaired by a representative of the U. S. Environmental Protection Agency and all members have a voting right except as neted.

Minutes of PATC meetings appear in semi , annual Pilgrim Station marine ecology reports. -

B. Marine Fisheries Studies (Mass. Div'ision of Marine Fisheries)

Since 1969 the Division of Marine Fisheries (DMF), an agency of the Comonwealth of Massachusetts, has conducted a number of field studies pertinent to Pilgrim Station. Those studies listed bel,ow will be continued. .

Fish Since 1969 the DMF has studied the occurrence ar.d distribution of fish amund Rocky Point and at sites around the area of predicted temperature increase. Groundfish and pelagic species will continue to be sampled using a gill net (10 foot depth, 7 mesh sizes), and a 32-foot Shrimp trawl ( inch mesh liner) biweekly. One new sampling station will be Figures added for the Shrimp trawl in Plymouth-Kingston-Duxbury Bay.

1 & 2 show sagling station locations. The 35-foot Yankee trawl (1.5 inch) mesh liner) study, conducted since 1970, will be discontinued and a final report prepared for submittal to epa and DWPC.

A finfish observational dive survey (Figure 2) will continue in 1983 for the Pilgrim Station thennal plume area. This study will involve biweekly diving from March through October to document fish behavior and condition at selected stations. During mid-August to mid-September weekly diving will -

be done to document potential thennal plume-related mortalities. -

. In April-September 1993 a 150-foot beach seine (3/16 inch mesh bag) survey (Figure 2) will be perfonned weekly, including the Pi10 rim Station intake embayment. This study will record fishes which are most susceptible to impingement mortalities that have occurred in previous years. The 1982 White Horse Beach Station will be shifted to the mouth of Plymouth Harbor.

A sport fish creel census, similar to that conducted from 1973-1975,will be undertaken at the Pilgrim Station shorefront during the May-October period.

Lobster 1 Since early 1970, the DMF has collected lobster catch statistics biweekly through each fishing season (March to November) by sampling comercial lobstennen's pot hauls. This effort will continue as a measure of Pilgrim effect on the local lobster population (Figure 3). -

Irish Moss The DMF began recording the amount of Irish Moss harvested in the Pilgrim study area in 1971. To facilitate comparison of the moss harvest in the

~ ~ ~ ~

,. Attachment U immediate discharge area with that of esntrol areas, the coastline was

' ~

divided into eight monitoring zones (Figure 4). . The total weight of

- moss harvested and the effort expended in each monitoring zone by each

- raker was recorded daily both within and without the Station's influence.

In 1983 this study will be discontinued and a final report prepared for submittal to EPA and DWPC.

Gas Saturation In 1983 ana1[ses will be conducted during periods of potential discharge-related mortalities. A Weiss saturometer will be used in situ to measure total partial pressure of dissolved gases, and percent saturation of total gas, nitrogen, and oxygen will be determined. A study defining the 115%

dissolved gas discharge plume will be conducted in the Spring <

and Fall -

periods around slack tides.

C. Impingement Studies (Marine Research. Inc./BECo.)

The impingement of fishes and invertebrates on the intake screens at the Pilgrim Nuclear Power Station in Plymouth Massachusetts has been recorded since Unit 1 comenced operation in late 1972. The main objective of the continuing impingement study is to calculate impingement rates of marine organisms by gathering and analyzing data on numbers and species carried onto the. four travelling screens at Pilgrim Station. In 1983 the weekly collection time will be twenty-four hours (three 8-hour periods). In addition, impinged fish survival studies will be continued for the modified sluiceway and screen wash system completed in 1980. Emphasis in survival studies will be on rainbow smelt. Atlantic herring, alewife, cunner, Atlantic silverside and winter flounder.. In 1983 large numbers of fishes will be held and released in front of intake screens to help determine the reasons for the high screen mortality experienced.

D. Benthic Studies (Battelle New England Marine Research Lab)

The benthic flora and ' fauna are being monitored at three sampling stations at depths of approximately 10 feet (MLW) (Figure 1). The dominant flora and fauna in each plot are recorded, and quantitative samples are collect-ed from rtick surfaces. Sampling will continue two times a year to deter-

- mine power plant related changes, if any.

In addition, transect studies to map extent of stunted and denuded areas imediately off the discharge canal will be continued 4 times a year in 1983.

E. Entrainment Studies (Marine Research. Inc./BEco.)

~

Since August 1973 MRI has been studying entrainment in Pilgrim Station cooling water. Entrainment monitoring studies in 1982 emphasized con-sideration of ichthyoplankton, as will those in 1983.

The 1983 entrainment studies will consist of routine moriitoring of the Pilgrim discharge. This monitoring will be on a weekly basis during the period March-Septenber and twica monthly during the periods January-Feb-ruary and October-December. Samples will be collected in triplicate. If unusually high egg or larvae concentrations are found in the discharge when compared with previous years, steps will be taken to implement a special ichthyoplankton contingency sampling plan to assess the reason for the high concentrations. This plan will consist of single tows at each i

0.*eme w-GL.a- "M,.

Attachment I

• Parmit No: MA0003557

., 'of 13 bay stations off the. plant, and samples will be analyzed imediate-ly (Figum 5). BECo will analyze data and prepare the report.

F. Winter Flounder Larvae Studies (Marine Research. Inc.) .

The 1983 program is not firmly detemined at present. Various options am being explored to allow for the most cost effective determination M any plant effects on winter flounder and perhaps other species' popu-lations. (As soon as a program is finalized and approved by the PATC. it will be comunicated to the EPA). .The 1982 program which consisted of detemining the contribution of larvae from Green Harbor vs. that of Plymouth Harbor-Kingston-Duxbury Bay will not be repeated.

G. Reporting of Environmental Monitoring .

A semi-annual and an annual report cove' ring each of the above (Items A-F).

will be submitted to the EPA and MDWPC on October 31,1983 and April 30, 1984, covering the periods January-June and January-December, respectively.

II. THERMAL DISCHARGE FISH SURVEILLANCE The Themal Discharge Fish Surveillance Program for Pilgrim Station has the following four primary parts:

. A. 'Telecons This. involves close contact with various utilities. Massachusetts Division of Marine Fisheries, and National Marine Fisheries Service (its Beaufort.

North Caroline Menhaden Research Facility) in order to predict when large numbers of menhaden and other fishes may appear in the Cape Cod Bay area.

B. Overflights

~

Periodic aerial overflights of Cape Cod Bay and the Pilgrim vicinity also alert Boston Edison to the presence of large schools of fish in the area.

These overflights will be conducted weekly throughout the year and sunrrar-ized in each annual report. ,

C. Ovservations of the Discharge Canal Boston Edison personnel will make frequent visual observations of the Pilgrim discharge canal during periods of fish migration.

D. Dive Surveys

~, Diver inspections of the discharge canal and fish barrier net determine fish presence and condition, and barrier net perfomance. BECo will report dive survey findings in each annual report. Also, fish sampling and diver observation in the plume area will be conducted by-weekly from March through October by Massachusetts Division of Marine Fisheries personnel as part of the Environmental Honitoring Program. .

The dive survey and canal observation elements of the Surveillance Program will provide a continuing check on the adequacy of the barrier net in preventing the passage of fish into the canal. Stated differently, these elements'will monitor compliance with the barrier condition of the permit.

If these elements indicate that the barrier is not functioning adequately

_an,t. th n.mi t' = 1184 e m rar . n4 @ n a 1<34 @<nn 4 + .< a - o .- .4 6. . a na i i . . .

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- Attachmsnt I

• Permit No: MA0003557 1

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- the overflights, as well as the canal observations and dive surveys, will indicate when fish susceptible to gas bubble disease mortality are  !

sufficiently near Pilgrim Station to warrant action to reduce surface nitrogen saturation level to 115%. Boston Edison will notify the EPA  !

Regional Achinistrator and Massachusetts DWPC Director of t'he presence of a large school of fish within % mile of the discharge canal concurrent with water quality conditions potentially harmful to the fish. ,

III. p1550LVED NITROGEN SATURATION REDUCTION 1he plan for reducing dissolved nitrogen surface saturation levels to less than 115% in the discharge canal will involve a power reduction or outage, should a school of fish susceptible to gas bubble disease mortality be in the -

imediate vicinity of Pilgrim Station. The procedure for determining the need, feasibility and request for a power reduction or outage is as follows:

1. Responsible regulatory / agency personnel familiar with fishery statistics (e.g., Mass. Division of Marine Fisheries) estimate the

, magnitwe of the fish school and, based on' measured water quality and other pertinent environmental data, make an initial judgment as to the likelihood and effect of gas bubble disease mortality. They also determine the potential necessity for a nitrogen saturation reduction, and notify Boston Edison of this initial judgment. .

2.. Boston Edison notifies Rhode Island Eastern Massachusetts, and Vermont Energy Control (REMVEC) of the possibility of a power reduction and obtains projections through at least the upcoming weekend. Boston Edison transmits this information and load information to the agencies / persons taking the action identified in No.1 above.

3. On the basis of this information, agency personnel formulate a specific recommendation to the EPA Regional Administrator and/or the MDWPC Director on the timing and duration of the power reduction that is, in their judgment, appropriate and in the overall public interest.

4I Responsible regulatory personnel request power reductions through a telephone call to the Boston Edison Nuclear Operations Department Manager.

5. Boston Edison personnel record the results of periodic surveillance of the condition and location of the fish prior to and subsequent to any plant operational changes.

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PART II TABLE OF CONTENTS .

GENERAL REQUIREMENTS.

(a) Duty to Comply .

(b) Duty to Reapply (c) Need to Halt or Reduce Activity (d) Duty to Mitigate (e) Proper Operation and Maintenance (f) Permit Actions (g) Property Rights (h) Duty to Provide Information (i) Inspection and Entry (j) Monitoring and Records (k) Signatory Requirements (1) Reporting Requirements (m) Bypass (n) Upset (o) Change in Discharge (p) Removed Substances (q) Power Failure (r) Availability of Reports (s) Oil and Hazardous Substar.ce Liability

. (t) State Laws (u) Other Laws (v) Severability (w) Reopener Clause (x) Confidentiality of Information (y) Right of Appeal DEFINITIONS

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.d GENERAL REQUIREMENTS t (a) Duty to comply. The permittee must comply with all con-ditions of this permit. Any permit noncompliance consti-tutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit .

renewal application.  ;

(1) The permittee shall comply with ef fluent standards or prohibitions established under section 307(a) of

• the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement.

(2) The CWA provides that any person who violates a permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the CWA is subject to a civil i

penolty not to exceed S10,000 per day of such violation.

Any person who willfully or negligently violates permit conditions implementing Sections 301, 302, 306, 307, or 308 of the Act is Fubject to a fine of not less than 52,500 nor more t..an S25,000 per day of violation, or by imprisonment for not more than 1 year, or both.

(b) Duty to reapply. If the permittee wishes to continue an activity regulated by this permit af ter the expiration date of this permit, the permittee must apply for and obtain a new permit. The permittee shall submit a new application i

at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted l

by the Director. (The Director shall not grant permission

( for applications to be submitted later than the expiration date of the existing permit.)

It shall (c) Need to halt or reduce activities not a defense.

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. Upon reduction, loss, or failure of the treatment facility, the permittee shall,

, to the extent necessary to maintain compliance with its permit, control production or all discharges or both I

i until the facility is restoredThis or an alternative method requirement applies, for of treatment is provided.

example, when the primary source of power of the treatment facility fails or is reduced or lost.

(d) Duty to mitigate. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this. permit.

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, Page 3 of 19 (e) Proper operation and maintenance. The permittee shall at all times properly operate and naintain all facilities and systems of treatment and control (and related appur-tenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit.

Proper operation and uaintenance includes effective per-formance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve coupliance with the conditions of tne permit.

(f) Permit actions. This permit may be modified, revoked and reissued, or terminated for cause, including but not limited to: (1) Violation of any ttras or conditions of

- this peruit; (2) Obtaining this permit by nisrepresentation or failure to disclose all relevant facts; or (3) A change in any condition that requires either a temporary or pera-anent reduction or elimination of the authorized discharge.

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 noncon-pliance, does not stay any permit condition.

(g) Property rights. This. permit does not convey any property rights of any sort, or any exclusive privilege.

(h) Duty to provide information. The peruittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or teruin-ating this permit, or to determine compliance with this permit. The pernittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit.

(i) Inspection and entry. The permittee shall allow the Director, or an authorized representative, upon the pre-sentation of credentials and other documents as may be required by law, to:

(1) Enter upon the permittee's premises where a regulateil facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (2) Have access to and copy, at reasonable times, any records that must be kept under the coniitions of this permit;

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's Page 4 of 19 (3) Inspect at reasonable times any facilities, equipment (including nonitoring and control equipment), prac-tices, or operations regulated or required under this permit; and (4) Sample or monitor at reasonable times, for the pur-poses of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location.

(j) Monitoring and records.

(1) Samples and neasurements taken for the purpose of monitoring shall be representative of the volume and nature of the discharged over the sampling and reporting period.

(2) The permittee sh'all retain records of all monitoring infornation, including all calibration and maintenance records and all original strip chart recordlags from 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 3 years from the date of This the sample, measurement, report or application.

period may be extended by request of the Director at any time.

(3) Records of monitoring information shall include:

(i)

The date, exact place, and time of sampling or measurements; (ii) The individual (s) who performed the sampling or measurements; (iii) The date(s) analyses were performed; (iv) The individual (s) who performed the analyses; (v) The analytical techniques or methods used; and (vi) The results of such analyses.

(4) Monitoring must be conducted according to test pro-cedures approved under 40 C.F.R. Part 136, unless other test procedures have been specified in this permit.

(5) The ChA 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 S10,000 or by imprisonment for not more than 6 months or by both, s

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' Page 3 of 19 (6) Monitoring recult, i.,u s t be reported on a Discharge Monitoring Report (LMR).

(7) If the permittee monitors any pollutant nore frequently than required by the permit, using test procedares approved under 4 C.F.R. Part 136 or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data subnitted in the DMR.

(k) Signatory requirement. All applications, reports, or information submitted to the Director shall be signed and certified in accordance with 40 C.F.R.SS122.6 and 122.7.

The CWA 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 nonitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than S10,000, or by imprisonnent for not more than 6 months, or by both.

(1) Reporting requirements.

(1) Planned changes. The permittee shall give notice t>

the Director as soon as possible of any planned physical alterations or additions to the permitted facility.

(2) Anticipated noncompliance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may re-sult in noncompliance with permit requirements.

(3) Transfers. This permit is not transferable to any person except after written notice to the Director.

The Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the CWA.

(4) Monitoring reports. Monitoring results shall be

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reported at the intervals specified elsewhere in this permit.

Twenty-four hour reporting. The permittee shall report (5) any noncompliance which may endanger health or the environment. Any information shall be provided orally 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 becomes i,

aware of the circunstances or the next working day.

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, Page 6 of 19 A written submission shall also be provided within five (5) days of the time the permittee The becomes written submission aware of the circumstances.

shall contain a description of the noncompliance includingand its cause; the period of noncompliance, and if the noncompliance has exact dates not been corrected, and times,the anticipated time it is expected to continue; and and stepsreoccurrence prevent taken or planned of theto reduce, eliminate, noncompliance.

The following information must be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> (24-hour reporting) or tile next working day:

Any unanticipated bypass which causes a (i) violation of any effluent limitation in the permit; or Any upset which causes a violation of or any (ii) effluent limitation in the permit; Any violation of a maximum daily discharge (iii) limitation for any of the pollutants speci-fically listed by the Director in the permit.

the written report on a case-The Director nay waivtif the oral report has been received by-case basis within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> or the next working day.

(6) Other nonconpliance. The permittee chall report all instances of noncompliance not reported under para-graphs (1), (2), and (5), of this section, at the The reports time shall monitoring reports are submitted.

contain the infornation required in paragraph (1)(5) of this section.

Where the permittee becoues aware (7) Other information. failed to submit any relevant facts in a permit that it information in a application, or submitted incorrect to the Director, permit application or in any reportit shall promptly submi (m) Bypass (1) Definitions.

" Bypass" means the intentional diversion of (i) waste streams from any portion of a treatment facility.

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(ii) " Severe property damage" means obstantial physical damage o property, dauage to the treatr.ent f acili' ies which causes them to become inoperabli, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.

Severe property dauage does not mean economic loss caused by dtlays in production.

(2) Prohibition of bypass.

(i) Bypass is prohibited, and the Director may take enforces:ent action against a pernittee for byp. ss, unless all the following conditions occur:

loss of (A) Bypass was unavoidable to prevent lite, personal injury, or severe property danage; to the (B) There were suchnoasfeasibie the usealternativen of auxiliary trrat-bypass, ment facilities, retention of untre.ated wastes, or maintenance during normal pecioda This condi; ion is of equipment downtine.

not satisfied if the permittee couLd have. to installed adequate backup equipment prevent a bypass which occured during normal periods of equipnent downtime or preventive maintenance; and (C) The permittee submitted notices as required under paragraph (.7)(3) of this section.

The Director may approve an anticipat3d bypass, if the (ii) after considering its adverse effects, Director determines that it will meet the three conditions listed above in paragraph (m)(2)(i) of this section.

The permittee (iii) Bypass not exceeding limitations. cause may allow any bypass to occur which does noteff it also is for essential These maintenance bypassestoare assure not efficient operation.

subject to the provisions of paragraph (n)(3) of this section.

(3) Notice Anticipated bypass.

If the permittee Knows in (i) advance of the need for a bypass, it shall submit prior notice, if possible at least ten i

days before the date of the bypass.

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(ii) Unanticipated bypass. The pernittee shall submit notice: of an unanticip;ted bypass as required in paragraph (1)(5) LC this section (24-hour notice).

(n) Upset (1) Definit _ ton. "Gpset" means an except cual incident in which there is unintentioncil and .coporar; non-compliance with technology-baand perait effluent linitations b.cause ot factors beyond the reasonable control of the permittee. An upset does not inclode noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatnent facilities, lack of preventive naintenance, or careless or iuproper operation.

(2) Effect of an upset. An upset constitutes an atfirnative defcnse to an action brought for noncospliance with such technology-based permit effluent ' initations if the requirements of paragraph (n)(3) of this section s-are met. No determination made durinj administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judictal review.

Conditions necessary for a deaonstratian of utset. A (3) permittee who wishes to establish the aftirmative defense of upset shall demonstrate, through pr<.perly signed, contemporaneous operating logu, or other relevant evidence that.

(i) An upset occurred and t'iat the permittee can identify the specific cause(s) of the upset; (ii) The permitted facility was at tne time being properly operated; (iii) The permittee submitted notice of the upset as required in paragraph (1)(5) of this section (24-hour notice); and (iv) The pernittee complied with any remedial measures required under (d) above.

(4) Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

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Page 9 of 19 (o) Changc in Discharge All discharges authorized herein shall be consistent The withof discharge the terms and conditions of this permit.

any pollutant identified in this permit more frequently than or at a level in excess of that authocized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants nust be reported by submission of a new NPDES application or, at least 180 days prior to connencement of such discharges if such changes will not violate the effluent limitations specified in this permit, by notice, in writing, to the Director of such changes. Following such notice, the p rmit :aay be modified to specify and limit any pollutantn not previously limited.

Until such modification is effective, any ntw or increased discharge in excess of permit limits or not specifically authorized by the permit constitutes a violation.

(p) Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the cource of treatment or control of waste-waters shall be disposed of in a nanner consistent with applicable Federal and State laws and regulations including, but not limited to the CWA and the Federal Resource Conservation and Recovery Act, 42 U.S.C. $56901 et seg.,

and regulations promulgated thereunder.

(q) Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either:

(1) In accordance with the Schedule of Compliance contained provide an alternative power source sufficient in Part I, to operate the wastewater control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears ia Part I, (2) Halt, reduce or otherwise control production and/or all discharges upon the reduction, lose, or failure of the primary source of power to the wastewater control facilities.

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Page 10 of 19 (r) Availrbility of R(ports Excep': for data determined to be confidential under Para-graph X belou, all reports prepared in accordance with the ?.erms of this permit shall be available for public in-spec; ion at the of fices of the State water pollution control agency and the Regional Administrator. At required by the CWA, etfluent 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 tor in Section 309 of the CWA.

(s) Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perm;ttee from any responsibilities, liabilities, or penalties to which the permittee is or nay be subject under Section 311 of the CWA.

(t) State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or re t teve the per-mittee from any responsibilities, liabilities, or penal-ties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the CbA.

(u) Other Laws The issuance of_a permit does not authorize any injury to persons or property or invasion of other private rights, nor does it relieve the permittee of its obligation and to comply with any other applicable Federal, State, local laws and regulations.

(v) Severability The provisions of this permit are severable, and if any provision of this permit, to or any the circumstance, application of isanyheld provision of this permit invalid, the application of such provision to other circunstances, and the remainder of this permit, shall not be affected thereby.

(w) Reopener Clause The Regional Administrator reserves the right to make in order to esta-appropriate revisions to this permit limitations, schedules blish any appropriate effluent of compliance, or other provisions which nay be authorized under the CWA in order to bring all discharges into con-pliance with the CWA.

o Page 11 of 19 (x) Confidentiality of Informati,on.

Part 2, any information (1) In accordance with 40 C.F.R.

submitted to LPA pursuant to these regulations may Any be clained as confidential by the submitter.

such claim must be ass +eted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words " confidential business information" on each page containing such information. If no claim is uade at the time of submission, EPA may make the further information available to the public without notice. If a claim is asserted, the information will

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be treated in accordance with the procedures in 40 C.F.R. Part 2 (Public Information).

(2) Claims of confidentiality for the following information will be denied:

(i)

The nane and address of any permit applicant or permittee; Permit applications and permits; and (ii)

(iii) NPDES effluent data.

(3) Information required by NPDES application forms provided S5122.4 and 122.53 may by the Director under 40 C.F.R.This includes information not be claimed confidential.

submitted on the forms themselves and any attachments used to supply information required by the forms.

(y) Right of Appeal.

hithin thirty (30) days of receipt of notice of a final permit decision, the permittee may submit a request to the Regional or Administrator for an evidentiary hearing under Subpart E, a formal hearing under Subpart F, of 40 C.F.R. Part 124, to The request for a reconsider or contest that decision.

hearing nust conform to the requireuents of 40 C.F.R. S124.74.

DEFINITIONS

1. For purposes of this permit, the following definitions shall apply.

Administrator Environmentalmeans the Administrator Protection Agency, or anofauthorized the Unitedrepre-States sentative.

Applicable standards and limitations means all State, interstate, and Federal standards and limitations toincluding which a " discharge" or a related activity is subject to,

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s Page 12 of 19 watcr quality standards, standaris of performance, toxic eff'uent sta*(ards or prohibitions, "best a&nagement practices," and pretreatment standards under sections 301, 302, 303, 304, 306, 307, 303, 403, and 405 of CWA.

Application reans the EPA standard national forms for applying fer a permit, including any additions, revisions or modilications LO tte forns; or forms approved by EPA for use in " approved Stater." including any approved modifications or revisions.

Average - The arithnetic raoan of values t.4 ken at the frequency required for each parameter over the specitied period. For total and/or fecal coliforms, the average shall be the gec.ietric mean.

Average monthly cincharge limitation means the highest allowable average of " daily discharges" over a calendar month, calculated as the sura of all daily dischargec neasured during a calendar raonth divided by the nuaber of daily discharges measured during that month.

Average weekly discharge limitation means the highest allowable average of " daily discharges" over a calendar week, calculated an the sum of all daily discharges measured during a calendar week divided by the nunber of daily discharges measured during that week.

Best management practices ("BMPs") means schedules of activ-ities, prohibitions of practices, r,aintenance procedures, and other management practices to prevent or reduce the pollution of " waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from rau material storage.

Best Professional Judgement (B PJ ) raeans a case-by-case deter-mination of best practicable treatment (BPT), best available treotment (BAT) or other appropriate stan.iard based on an evaluation of the available technology to achieve a parti-cular pollutant reduction.

Coraposite Sample - A sample consisting of a minimun of eight grab samples collected at equal intervals during a 24-hour period (or lesser period as specified in the section on Monitoring and Reporting) and corabined proportional to flow, or a sample continuously collected proportionally to flow over that same time period.

CWA means the Clean Water Act (formerly reffered to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L.92-500, as amended by S51251 et seg.

Pub. L.95-217 and Pub. L.95-576; 33 U.S.C.

Page 13 of 13 Daily Discharge means the discharge of a pollutant measured during a calendar day or any 24-hours period that reasonably represents the calendar day for purposes of sampling. For pollutants with lititations expressed in units of mass, the daily discharge is calculated ..s the total mass of the pollutant discharged over the day. For pollutants with the limitations expressed in other units of mearurements, daily discharge is calculated as the average measurement of the pollutant over the day.

Director means Director, Enforcement Division, EPA, Region I.

Discharge of a pollutant means:

(a) Any addition of any " pollutant" or combination of pollutants to " waters of the United States" from any " point source," or (b) Any addition of any pollutant or combination of pollutants to the waters of the " contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation.

This definition includes additions of pollutants into waters of the United States from: surface runoff which is collected or channelled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances leading into privately owned treatment works.

This tern does not include an addition of pollutants by any " indirect discharger" as defined in 40 C.F.R.

5122.3 Discharge Monitoring Report Form ("DMR") means the EPA standard national form, including any subsequent additions, revisions, or modifications, for the reporting of self-monitoring results by permittees.

DMRs must be used by " approved States" as well as by EPA. EPA will supply DMRs to any approved State upon request.

The EPA national forms may be modified address, logo, and to substitute the State Agency name, other similar information, as appropriate, in place of EPA's.

. Effluent limitation means any restriction imposed by the Director on quantities, discharge rates, from and "concentrations point sources" of " pollutants" which are " discharged"the United States," the waters of the into " waters ot

" contiguous zone," or the ocean.

'o Page 14 of 19 Effluent limitations guidelines i..eans a regulation published by the Admir.istrator under Section 304(b) of CWA to adopt or revise " effluent limitations."

E13 means the United States " Environmental Protection Agency."

Grab Sample - An individual sample collected in a period of less than 15 minutes.

Hazardous Substance means any substance designated under 40 C.F.R. Part 116 pursuant to Section 311 of CWA.

Indirect Dischariier means a non-domestic discharger introdacing pollutants to a publicly owned treatment works.

Industrial User neans a non-domestic discharger introducing pollutants to a publicly owned treatment works.

Maximum daily discharge limitation (N PDES ) means the highest allowable " daily discharge."

Interference means an addition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal which is cause of or significantly contributes to either a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW i'n accordance with the following statutory provisions and regulations or permits issued thereunder (or mora stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act(SUDA) (including title II more commonly referred to as the nesnurce Conservation and Recovery Act(RCRA) and inclcding State regulations contained in any State sludge management plan prepared pursuant to Sub-title D of the St:DA), the Clean Air Act, and the Toxic Substance Control Act. An Industrial User significantly contributes to such a pernit violation or prevention of sludge use or disposal in accordance with above-cited authorities whenever such User:

(a) Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State, or local law; in (b) Discharges wastewater which substantially differs nature or constituents from the User's average Dis-charge; or (c) Knows or has reason to know that its Discharge, alone or in conjunction with Discharges from other sources, I

would result in a POTW permit violation or prevent sewage sludge use or disp > sal in accordance with the above-cited authorities as they apply to the POTK's selected method of sludge management.

• Page 15 of 19 o'

Municipality saeoan a city, town, borough, county, l arish, district, association, or other public body createn by of unde,. State law and having jurisdiction over disposal or sewage, industria' wastes, or other wastes, or an Indian tribe I or an authorized Indian tribe orgaiization, or a designated and approved management agency under section 208 of CWA.

National Poll.itant Discharge Elimination System meons nf the reissuing, national progran for issuing, modifying, revoking terminating, mon'ttoring and enforcing permits, and itposing  ;

and enforcing pretreatment requirements, under sec ions 307, 402, 310, and 405 o2 CWA. The term includes an " approved program."

New discharger meann any building, structure, facility, or installation:

(a)(1) From which there is or may be a new or additional

" discharge of pollutants" at a " site" at which on October la,1972 it had never disc %arged pollutant s; (2) Which has never received a finally effective NPDES

" permit" for discharges at that site; and (3) Which is not a "new source.

(b) This definition includes an " indirect discharger" which commences discharijing into " waters of the United States." such It also includes any existing mobile point source, as an offshore oil drilling rig, seafood processing that rig, seafood processing vessel, or aggregate plant, begins discharging at a location for which it does not have an existing permit.

New Source means any building, structure, facility, or instal-lation from which there'is or may be a " discharge of pollutants,"

the construction of which commenced:

(a) After pronulgation of standards of performance under Section 306 of CWA which are applicable to such source; or (b) After proposal of standards of performance in accordance with Section 306 of CWA which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal.

NPDES means " National Pollutant Discharge Elimination Systen."

Owner or operator means the owner or operator of any " facility or activity" subject to regulation under the NPDES prograns.

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. 4 Page 16 of 19 0

Pass Throuah means the Discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requireuent of the POTW's NPDES 'ermit (including anAn increase in the magnitude or duratica of a violation).

industrial User significantly contributes to such permit siolation where it:

(a) Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State, or local law:

(b) Discharges wastewater which substantially ditfers in nature and constituents from the User's average Discharge:

(c) Knous or has reason to know that its Discharge alone or in conjunction with Discharges fron other sources would result in a permit siolation; or (4) Knows or has reason to know that the POTW is, for any

' reason, violating its final effluent limitations in its permit and that such Industrial User's Discharge either alone or in conjuction aith Discharges f r:>a other sources, increases the magnitude or duration of the POTW's violations.

Permit means an authorization, license, or equivalent control document issued by EPA or an " approved State."

Point source means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, vessel, rolling stock, concentrated animal feeding operation, or other floating craft, from which pollutants are or nay be discharged. This term does not include return flows fron irrigated agriculture.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulatea under the Atomic Energy Act of 1954, as amended (42 U.S.C. S$2011 et seg.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, It municipal, and agricultural waste discharged into water.

does not mean:

(a) Sewage from vessels; or (b) . Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by

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Page 17 ot 19 authority of ti.; State in w:.ich the well is located, and if the State deteruines that the injection or disposal will not result in the degradation of ground or surfact water resources.

Primary industry category means any industry category list.d in the NRDC settlement agreement (Natural Resources Defens_(

Council et al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976), modi-fied 12 E.R.C. 1833 (D.D.C. 1979)); also listed in Appendi < A of 40 C.F.R. Part 122.

Process wastewater renns any water which, during manufacturing or processing, cone

• into direct contact with or results from the production or use of any raw material, intermediate prodtet, finished product, byproduct,or waste product.

Publicly owned treatraent works (" POW.") means any facility or sp teu used in the treatiient (inc.uding recycling and recloaation) of municipal sewage or .ndustrial wastes of a liquid nature which is owned by a " State" or " municipality."

This definition includes sewers, pipes, or other conveyancies only if they convey wastewater to a POTW providing treatment.

Regional Administrator means the Regional Adninistrator, EPA, Region I, Boston, Massachusetts.

State means any of the 50 States, the District of Columbia, Guam. the Commonwealth of Puerto Rico, the Virgin Islands, Aneri can Samoa, the Trust Territory of the Pacific Islands Secondary Industry Category neans any industry category which is not a " primary industry category."

Sewage Sludge means the solids, residues, and precipitate separated from or created in sewage by the unit processes of a " publicly owned treatment works." " Sewage" as used in this definition means any wastes, including wastes from humans, households, commercial establishments, industries, and storm water runoff, that are discharged to or otherwise enter a publicly owned treatment works.

Toxic Pollutant means any pollutant listed ac toxic in Appenaix -

D of 40 C.F.R. Part 122, under Section 307(a)(1) of CWA.

Waters of the United States means:

(a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters thich are subject to the ebb and flow of the tide; (b) All interstate waters, including interstate " wetlands."

i Page 13 of 19 (c) All othe- rst es such as intrastate lakes, rivers, streams (inc'.uaing intermittent streams), audflats, sandflats,

" wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or coald affect inter-state or foreign commerce including any such waters:

(1) iihich are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign conmerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundrents of waters otherwise defined as waters of the United States under this defini* ion; (e) Tributaries of waters identified in paragraphs (a) - (d) of this defini' ion; (f) The territorial sea; and (g) " Wetlands" adjacent to waters (otner than waters that are themselves wetlands) identified in paragraphs (a) - (f) of this definition.

Ketlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficien.

to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, hetlands generally include swamps, marshes, bogs, and similar areas.

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2. The following abbreviations, when used, are defined below.

cu. M/ day or M 3/ day cubic meters per day ag/l milligrams per liter ug/l micrograms per iiter lbs/ day pounds per day kg/ day kilograms per day Temp. *C temperatore in degrees Centigrade l

Temp. 'F temperature in degrees Fahrenheit j

Turb. turbidity measured by the Nephelometric hethod (NTU) l L

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.l Page 19 of 19 TNFR or TSS total nonfilterable residue or total suspended solids DO dissolved ox3p n BOD five-day bio-:hemical >xygen den.ano unless otherwise specifie<1 TKN total Kjeldahl nitrogen as nitrogen Total N total nitrogen NH 3 -N ammonia nitrogen as nitrogen Total P total phosphorus COD chemical oxygen demand TOC total organic carbon Surfactant surface-active agent pH a measure of the hydrogen ion concentratian PCB polychlorinated biphenyl CFS cubic feet pcr second MGD million gallons per day Oil & Grease Freon extractable material Total Coliform total coliform bacteria Fecal Coliform total fecal califorra bacteria ml/l milliliter (s) per liter NO 3 -N nitrate nitrogen as nitrogen NO2 -N nitrite nitrogen as nitrogen .

NO3 -DO2 combined nitrate and nitrite nitrogen as nitrogen C12 total residual chlorine