NC0004979_Comments_20200207

Responses to SELC comments for Allen Major Modification
12/30/2019
1) The proposed modification lacks any rational justification and must not be finalized.
The ELG compliance date has been delayed due to the latest update to the 40 CFR 423. EPA
made changes to the earliest implementation date and the Allen permit is being updated
accordingly. The new earliest implementation date is 11/01/2020.
The anti -backsliding provision of the CWA does not apply in this case since the compliance date
in the permit has not been reached yet.
2) The DEQ Must Eliminate Any Ambiguity Over Internal Outfall 005.
This is a Major Modification of the permit, not the permit renewal. When the Major
Modification is processed, only a portion of the permit is being reopened. The rest of the permit
remains intact until the next renewal. Each permitted facility undergoes numerous changes
during the term of the permit and if the permit allows for this change to occur, there is no need to
make the permit change until the renewal. Otherwise the DEQ would be forced to constantly
update every permit.
The permit already allows the discharge of the FGD wastewater to the Retention Basin. In
addition, it is useful to preserve the option to discharge FGD wastewater to the Ash Basin in case
of the unforeseen circumstances.
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