1809_Duke_Marshall_DoC_DIN26267_20160617

PAT MCCRORY
Governor

DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Director
State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, North Carolina 27699-1646
919 707 8200 T

June 17, 2016

Ms. Tyler Hardin, Environmental Services
Duke Energy Corporation
526 Church Street, Mail Code EC13K
Charlotte, North Carolina 28202

Subject: Permit to Permit Operate Renewal Application
Determination of Completeness and Technical Review
Permit No. 1809-INDUS-, Duke Power/Marshall Steam Plt FGD
Catawba County, DIN 26267

Dear Ms. Hardin:
The Division of Waste Management, Solid Waste Section (Section) has determined Permit No.
1809-INDUS-, for the Duke Energy Marshall Steam Station may be subject to the provisions of
the Coal Ash Management Act of 2014 (Act), North Carolina General Statute (NCGS) 130A-
309.203(b), because the landfill has accepted coal combustion residuals from impoundments
subject to the cleanup provisions of the Act.
On May 20, 2016 the Section received Duke Energy’s Permit to Operate Renewal Application
for Permit No. 1809-INDUS-, located in Catawba County. The application is entitled:
FGD Landfill Permit Renewal, Permit No.:1809-INDUS-, Marshall Steam Station, Catawba
County, Terrell, North Carolina 28682. Prepared for Duke Energy Carolinas. Prepared by Amec
Foster Wheeler. May 2016. DIN 26120.
The Section has performed a review of the application for a determination of completeness and
determined the application has met the requirements of NCGS 130A-309.203(b), however
additional tasks have been placed upon the Section since passage of the Act. The additional tasks
include;
 The Department of Environmental Quality has determined that an environmental justice
review may be required prior to issuance of permits at the Marshall Steam Station, therefore
the Section has requested this process proceed and awaits results.
 Recent legislation NCGS 130A-294(a2) requires a Life-of-Site permit be issued for all
sanitary landfills and by definition Permit No. 1809-INDUS is considered a sanitary landfill.
The rule making process is nearing completion and the required rules are currently being
finalized.
Because both of these issues must be resolved prior to issuance of the permit the Section has
determined the application is not complete. Once the Section has received the required
information and an evaluation of the information is completed, Duke Energy will be notified, in
Duke Energy
June 17, 2016
DIN 26267
Page 2 of 2
accordance with the Act, as to whether the application will be determined to be incomplete or
complete, and whether additional information will be required.
The Section has completed a technical review of the submitted application and requests the
following revision;
 Water Quality Monitoring Plan – The following constituents need to be added to Table 2-
Sample Parameters and Analytical Methods: Antimony, Beryllium, Thallium and
Vanadium. The revised Water Quality Monitoring Plan references rule 15A NCAC 13B
.1617(b)(5), which in turn references .1623(b). Rule 15A NCAC 13B .1623(b)(3)(A) states a
Water Quality Monitoring Plan shall fulfill the requirements of Rules .1630 through
.1637. Rule 15A NCAC 13B .1633(a) states that the detection monitoring program shall
include monitoring for constituents listed in Appendix I of 40 CFR Part 258.
Should you have any questions regarding this matter contact Larry Frost at [phone],
[e-mail] or Elizabeth Werner [phone], [e-mail].

Sincerely,

Edward F. Mussler, III, P.E., Supervisor
Permitting Branch, Solid Waste Section
Division of Waste Management, NCDEQ

ec: Michael Scott – DWM/RCO
Ellen Lorscheider – SWS/RCO
Larry Frost – SWS/ARO
Elizabeth Werner – SWS/RCO
Shawn McKee – SWS/RCO
Shannon Aufman – SWS/RCO