HomeMy WebLinkAboutNC0000396_Additional Information Received_20161201DUKE Garry A. Whtsnant
ENERGY. Plant General Manager
PROGRESS Asheville Steam Electric Plant
Duke Energy Progress
Certified Mail: 7014 1820 0001 7891 4531 Asvt. PQ�e � c2tL Di
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File: 12520B - 01 0. e28-687-5201
t. 828-687-5204
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December 1, 2016
Mr. Jeff Poupart, Environmental Program Manager
Water Quality Permitting Section
NCDEQ, Division of Water Resources RECEIVED/N MENK
1617 Mail Service Center
Raleigh, NC 27699-I617 DEC 0 6 2016
Water `duality
Subject: Duke Energy Progress, LLC
Permitting Section
Asheville Steam Electric Generating Plant
NPDES Permit No. NCO000396
Buncombe County
2016 Permit Renewal Supplemental Information Package
Dear Mr. Poupart:
Duke Energy Progress, LLC (Duke) is submitting supplemental information in support of the
Asheville Steam Electric Plant's NPDES permit renewal application of June 11, 2010. This
submittal, in addition to the previous renewal application addendums and permit modification
requests submitted since the June 11, 2010 renewal application, is requested that the information
provided be included during the permit renewal process.
This submittal is intended to provide an update of modifications that will be necessary to comply
with recently enacted laws and regulations including the Federal Steam Electric Effluent
Guidelines (ELG), Federal Coal Combustion Residual (CCR) rule, the North Carolina Coal Ash
Management Act (NC-CAMA) of 2014 and HB 630 of 2016.
Information is provided for a modified process flow path to Outfall 001, removal of the 1982 ash
basin, removal of sampling requirements for internal outfall 005, removal of the industrial
stormwater outfalls, updated seeps information, a request with justification for alternate
applicability dates for the Steam Electric Effluent Guidelines and an alternate schedule request
for section 316 (b) of the Clean Water Act. Revised site and flow diagrams are attached.
We appreciate your attention to these requests and look forward to finalizing the NPDES permit
for the Asheville plant in the near future. Should you have any questions regarding this letter or
require additional information, please contact Ms. Tina Woodward at (704) 382-4585 or at
Tina.WoodwardC Duke-Energy.com.
Duke Energy Progress, LLC.
Asheville Steam Electric Generating Plant
NPDES Permit No. NCO000396
Buncombe County
2016 Permit Renewal Supplemental Information Package
I certify, taider penalty of law, that this document and all attachments were prepared trader my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, trite, accurate,
and complete. I ant aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Sincerely,
Garry A. Whisnant
Plant Manager
Asheville Steam Electric Generating Plant
Enclosures:
Supplemental Information Package
Attachment A -- Site Plan
Attachment B -- NPDES Outfalls
Attachment C — Process Flow Diagram
Attachment D — Effluent Guidelines Rule Justification for Applicability Dates
Attachment E — Alternate Schedule Request §3 l6(b) of the Clean Water Act
Attachment F — NPDES Seeps
Attachment G NPDES Individual Stormwater Permit (NCS000575)
Attachment H — Updated Form 2C
cc: Sergei Chernikov
Complex NPDES Permit Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
Certified Mail: 7014 1820 0001 7891 4548
Landon Davidson
Asheville Regional Office Supervisor
2090 U.S. Highway 70
Swannanoa, NC 28778
Certified Mail: 7014 1820 0001 7891 4555
Duke Energy Progress, LLC.
Asheville Steam Electric Plant
NPDES Permit # NC0000396
Supplemental Information Package
Introduction and Background
Duke Energy Progress, I.I.C.
Asheville Steam Electric Plant
NPDES PERMIT # NC0000396
Supplemental Information Package
RECEIVEDINDDEWWR
DEC 06 2016
Water Quality
1ermitting Section
Duke Energy Progress, LLC. (Duke) is submitting this additional supplemental information in support of the
pending NPDES permit renewal for the Asheville Steam, Electric Plant. This submittal is intended to
provide an update of modifications that will be necessary to comply with recently enacted laws and
regulations including the Federal Steam Electric Effluent Limitations Guidelines (ELG), Federal Coal
Combustion Residual (CCR) rule, the North Carolina Coal Ash Management Act of 2014 and HB 630 of
2016.
Supplemental information is also provided for the following: (See attachment A entitled Site Plan)
1. A modified process flow path to Outfall 001.
2. A request to remove the 1982 ash basin from the permit.
3. A request to remove sampling requirements for internal Outfall 005.
4. A request to remove the industrial stormwater outfalls from the permit.
5. A request and justification for alternate applicability dates for the Steam Electric Effluent
Guidelines.
6. A request and justification for alternate schedule for compliance with CWA Section 316(b)
7. Updated seeps information.
8. A discussion regarding the extraction wells.
9. Updated Form 2C Potential Discharges Not Covered By Analysis.
In total, there will remain two final outfalls to waters of the State: outfalls 001 and 002. The process flows to
Outfall 001 have changed and these changes have been documented with the state NPDES regulatory
permitting agency as described below. There are no changes to Outfall 002; therefore, that outfall is not
discussed in this supplemental information packet. (See attachment B entitled NPDES Outfalls)
Revised site and flow diagrams are included as attachments.
Page 1 of 10
Duke Energy Progress, I.I.C.
Asheville Steam Electric Plant
NPDES PERMIT # NC0000396
Supplemental Information Package
Outfall 001
As of October 2016, the 1982 ash basin has been fully excavated of ash. This area will now become the
construction site for the future Natural Gas Combined Cycle station that is scheduled for completion at the
end of 2019. Upon completion of the Natural Gas fired combined cycle generation station, the coal fired
facility will be retired. All ash wastes are expected to be removed completely from the 1964 ash basin by
applicable regulatory deadlines. The Plant's remaining ash basin (hereinafter referred to as the 1964 ash
basin), is located east of the French Broad River, south of the plant and discharges into the French Broad
River. With the approval of the North Carolina Department of Environmental Quality (NC DEQ). Duke
relocated treated waters from the 1982 ash basin and lined rim ditch to a slightly downstream outfall
location on the French Broad River. This relocation was necessary to allow for enhancement to the dam of
the 1964 ash basin to bring it up to current engineering standards.
Additionally, Duke engineered and constructed a temporary lined rim ditch as approved by the North
Carolina Division of Water Resources (March 2014), to process wastewater generated while the remaining
ash in the 1982 ash basin was being excavated. The lined rim ditch is located within the footprint of the
1964 ash basin. To accommodate closure of the 1982 ash basin, several approved changes to wastewater
systems and routing have occurred since the July 2014 update.
The flue gas desulfurization (FGD) waste stream and wetland wastewater treatment system were removed
service in October 2015. Notice of this change was provided to DEQ in a letter dated July 22, 2015. The
wetland wastewater treatment system materials were excavated, characterized and disposed of in an
approved landfill. Currently, the FGD waste stream is pretreated onsite and then discharged from the
wastewater treatment building to the Metropolitan Sewerage District of Buncombe County as authorized by
industrial user permit # S-074-15. The FGD waste stream description will remain in this application
pending engineering research that may allow an ultra -filtration (UF) treatment system to allow FGD flows to
be combined back into Outfall 001. This OF system will have clean -in -place chemicals consisting of an acid
and caustic cleaning. There may be the need for an additional coagulant chemical before the OF to prevent
plugging. These exact chemicals will be defined with the selection of the technology at a later date.
Page 2 of 10
Duke Energy Progress, LLC.
Asheville Steam Electric Plant
NPDES PERMIT# NC0000396
Supplemental Information Package
Also to accommodate 1982 ash basin closure, low volume waste and stormwater flows have been re-
routed to enter the 1964 ash basin's remaining open water area. The final polishing treatment previously
provided by the 1964 ash basin's remaining treatment volume was replaced by a filter system. The 1964
ash basin open water area will now also act as the collection point for wastewater flows associated with
ash excavation of the 1964 ash basin and will discharge to the rim ditch system for treatment through a
floating suction intake and pump systems.
The ash basin and/or rim ditch receives ash sluice water, various low volume wastes, coal pile runoff,
limestone pile runoff, gypsum pile runoff, air pre -heater cleaning water, fire protection system drainage,
chemical metal cleaning wastes, reverse osmosis system reject water, storm water, collected basin
seepage and other waters from the Combustion Turbine Facility on the Plant's site. Wastewater from the
plant's truck wash and weigh stations also are directed to the plant's rim ditch.
The ash basin and/or rim ditch provides treatment by sedimentation and neutralization to the above -
referenced individual waste streams. Water leaves the rim ditch via weirs and curtains to the lined center
pond where a skimmer pulls water into 1 of 4 filter trains and flows by pipe via either the 1964 ash pond or
direct discharge by pipe to a lined stilling pond, where the discharge is treated by an automated pH system,
where it is then discharged by overflow to a pipe that coveys it to the French Broad River. Toe drains from
the former 1982 basin drain to the French Broad River. Toe drains from the 1964 basin are currently
collected and pumped to the rim ditch and flow through the treatment system to outfall 001 and the French
Broad River. Upon permit issuance, toe drains flows may be released to the French Broad River. Detailed
descriptions of the individual waste streams are below. Additionally, a detailed map with the location of
various seeps on the property is being provided as part of this permit application.
Ash Sluice Water
Fly ash and bottom ash from both units are hydraulically conveyed by an ash sluice pipeline to the ash
pond and/or lined rim ditch. As needed, alum and/or other chemical flocculants and coagulants may be
added to the ash sluice influent to aid settling. A Selective Catalytic Reduction system (SCR) is operated
on both Unit 1 and Unit 2 for NOx emissions control. Urea is injected to reduce NOx emissions. A
byproduct of this process is an "ammonia slip" which will be carried to the 1964 ash basin and/or lined rim
ditch via ash sluice water. As necessary, a system to mitigate S03 emissions may also inject additional
Page 3 of 10
Duke Energy Progress, I.I.C.
Asheville Steam Electric Plant
NPDES PERMIT # NC0000396
Supplemental Information Package
ammonia into the combustion process. This mitigation system has not been needed to date but may
become necessary as fuel sources change. Various wastewater boiler sediments and ash accumulations
from wastewater processes collected during maintenance activities may also be physically transported to
the 1964 ash basin and/or lined rim ditch. The ash basin and/or lined rim ditch discharge into the
secondary settling pond prior to discharging to the French Broad River. With the approval of the North
Carolina Division of Water Quality, Duke Energy Progress, Inc. relocated this secondary settling pond and
discharge point to facilitate modifications designed to enhance the 1964 ash pond dam's safety factor.
Coal Pile Runoff
Storm water runoff from the coal pile is collected in drainage ditches that surround the coal pile. The
drainage ditches are routed to the 1964 ash basin or lined rim ditch for treatment. During maintenance
activities, wastewater sludges removed from catch basins, sumps, etc. may be transported to either the
lined rim ditch or the 1964 ash basin for treatment and further handling.
Limestone and Gypsum Piles Runoff
Storm water runoff from the limestone and gypsum piles is collected in drainage ditches which are routed to
the lined rim ditch for treatment. During maintenance activities, sludge removed from catch basins, sumps,
etc. may be transported to the 1964 ash basin, and/or lined rim ditch for treatment and further handling.
Stormwater
Storm water runoff from the plant area, parking lots, combustion turbine area, oil storage and handling
facility and the plant's substations is routed to the ash ponds and/or lined rim ditch for treatment. During
maintenance activities, sludge removed from catch basins, sumps, etc. may be transported to the 1964 ash
basin, and/or lined rim ditch for treatment and further handling.
Low Volume Wastes
Boiler water make up is withdrawn from Lake Julian and purified utilizing vendor supplied equipment.
Boiler water is treated with ammonia, hydrazine, and sodium hydroxide. Boiler blowdown and drainage is
sent to the ash basin and/or lined rim ditch and may contain small quantities of the chemicals. A Reverse
Osmosis system or alum coagulation/filtration service is used in conjunction with the vendor supplied
Page 4 of 10
Duke Energy Progress, I.I.C.
Asheville Steam Electric Plant
NPDES PERMIT # NC0000396
Supplemental Information Package
equipment to provide water for various plant processes. The reject stream from the Reverse osmosis unit
is sent to the 1964 ash basin and/or lined rim ditch. Some molybdate waste from the closed cooling water
system is created through valve leakage and maintenance activities and is discharged to the 1964 ash
basin and/or lined rim ditch. A furnace ash hopper seal is maintained by using plant service water. A
standard operation water level is maintained in a seal trough for the ash hopper seal. Overflow from this
trough is discharged to the 1964 ash basin and/or lined rim ditch. A sodium hydroxide solution is fed into
this flow stream as necessary for ash basin /rim ditch pH adjustment. Sulfuric acid is fed to the ash sluice
water as necessary for 1964 ash basin and/or rim ditch pH adjustment to comply with NPDES permit
requirements. Coal dust suppression is achieved by spraying a proprietary chemical on coal at different
stages of coal use. Small amounts of excess dust suppression chemical have the potential to be
discharged to the 1964 ash basin and/or lined rim ditch via plant drains or coal pile runoff. Small amounts
of urea waste from bulk urea unloading operations are discharged to the 1964 ash basin and/or lined rim
ditch. All plant area floor drains are routed to the 1964 ash basin and/or lined rim ditch and include
equipment drainage and wash down along with rainfall runoff. During maintenance activities sludge
removed from catch basins, sumps, etc. may be transported to the 1964 ash basin, and/or the lined rim
ditch for treatment and further handling.
In many cases, added chemicals are consumed or chemically altered during the plant processes. Only
trace amounts might be recoverable in water entering the 1964 ash basin and/or lined rim ditch. Detectable
levels of these chemicals would not be expected to occur in ash basin or rim ditch discharges.
Flue Gas Desulfurization Blowdown (Low Volume Waste)
This system is currently discharging to the Metropolitan Sewerage District (MSD) from waste water
treatment building, The Flue Gas Desulfurization (FGD) system directs flue gas into an absorber where a
limestone (calcium carbonate) slurry is sprayed. Sulfur dioxide in the flue gas reacts with the limestone to
produce calcium sulfate (gypsum). This system reclaims any unreacted limestone slurry to be reused in
the absorber. A small blowdown stream is used to maintain the chloride concentration in the reaction tank.
The blowdown stream is passed through a clarifier to remove solids and the chloride concentration in the
waste stream. Chemicals are used to adjust pH and to aid solids removal in the clarifier. The waste
stream enters a weir box and is discharged into a connection to MSD.
Page 5 of 10
Duke Energy Progress, I.I.C.
Asheville Steam Electric Plant
NPDES PERMIT # NC0000396
Supplemental Information Package
Air Preheater Cleaning (Low Volume Waste)
The air preheater will be water washed approximately once per year or more frequently as needed. The
wastewater from this activity will be discharged to the 1964 ash basin or lined rim ditch.
Chemical Metal C/eanina Wastes
The boilers are chemically cleaned every five -to -eight years using tetraammonia ethylene diamine
tetraaccetic acid (EDTA) solution. This cleaning solution and its rinses are stored on site for disposal by
evaporation in an operating unit's furnace. Typical cleanings would result in a waste of approximately
80,000 gallons. Should evaporation not be used, the wastewater can be treated by neutralization and
precipitation prior to being conveyed to the 1964 ash basin, and/or lined rim ditch, or other means of
disposal. Cleaning of other heat exchanger surfaces may produce 5,000-10,000 gallons of wastewater
every three -to -five years,
Other Low volume Wastes
Operation of the combustion turbine (CT) generation facility may produce turbine blade wash water, inlet
filter cooling water, various condensate waters, and water from equipment and tank drains. These
wastewaters will be collected in the storm water collection system of the CT site and routed to the 1964 ash
basin and/or lined rim ditch. During maintenance activities, sludge removed from catch basins, sumps, etc.
may be transported to the 1964 ash basin, and/or the lined rim ditch for treatment and further handling.
Duke anticipates the 1982 ash basin will be decommissioned in April 2017. At that time Duke will
provide notification to the agency for removal of the 1982 ash basin as a treatment system from the
NPDES Permit #NC0000396.
Internal Outfall 005
Duke initially discussed treatment of the FGD system in a letter to NC DWQ dated February 25, 2015, this
change in the treatment system was necessary to facilitate the decommissioning of the 1964 ash basin.
In a letter dated July 22, 2015, Duke provided notice that the wetlands wastewater treatment system was
being removed from service when the FGD system was connected to the Metropolitan Sewage District
(MSD). Based on requirements found in the recently updated Federal Stream Electric Effluent Guidelines,
Page 6 of 10
Duke Energy Progress, LLC.
Asheville Steam Electric Plant
NPDES PERMIT # NC0000396
Supplemental Information Package
Duke will need to disconnect from the MSD on or before November 1, 2018. Once disconnected from the
MSD, Duke would need to add an alternate treatment for the FGD wastewater in lieu of the wetlands until
the Plant ceases operations in 2019. Internal outfall 005 was decommissioned when the wetlands were
removed from process flows. For these reasons, Duke requests for the designation of internal
outfall 005 and the FGD waste stream description to remain in the permit but to remove the
sampling requirements until waste from FGD operations is once again directed to the French Broad
River.
Steam Electric Effluent Guidelines
Duke requests an alternate applicability date for the Steam Electric ELGs in accordance with the request
found in Attachment E. The Asheville Steam Station currently consists of a two unit coal-fired generating
station with a capacity totaling 384 MW1378 MW (winter/summer). Treated bottom ash transport water
(BATW) and treated fly ash transport water (FATW) are currently discharged from the station. FGD
wastewater is currently permitted to discharge through internal outfall 005 and ultimately discharged
through outfall 001. As discussed in the above paragraph, the wetlands have been removed and the FGD
wastewater is temporarily being routed to the sanitary sewerage district for final treatment and discharge,
The ELG Rule sets a range of possible applicability dates for compliance with the new best available
technology (BAT) limits for bottom ash transport water (zero discharge) and FGD wastewater (numeric
limits for selenium, arsenic, mercury, and nitratelnitrite), as well for fly ash transport water (zero discharge),
The regulation provides that all permits issued after the effective date of the rule (January 4, 2016) should
contain applicability dates for compliance with the BAT limits, and that those dates should be "as soon as
possible" but not sooner than November 1, 2018 and not later than December 31, 2023. Per the Mountain
Energy Act of 2015, both coal-fired steam stations are scheduled to retire by January 31, 2020. The
generation will be replaced with a new combined -cycle station expected to be operational in late 2019. Due
to the retirement dates for these units, Duke Energy is requesting an ELG applicability date of January 31,
2020 for BATW, FATW and FGD wastewater.
Page 7 of 10
Duke Energy Progress, I.I.C.
Asheville Steam Electric Plant
NPDES PERMIT# NC0000396
Supplemental Information Package
CWA Section 316(b)
With the pending retirement of the Asheville Steam Station, Duke is contending the 316(b) Rule for Existing
Facilities is not applicable to the coal-fired station. Per 40 C.F.R. §122.21 (r)(1)(ii)(F), if the owner of an
existing facility plans to retire the facility before the current NPDES permit expires, then the 316(b)
submittal requirements listed in §122.21 (r)(1)(ii)(A), (B) and (C) do not apply. With the assumption the
renewed NPDES permit for Asheville Steam Station will expire after the scheduled retirement date, no
further action is required for the Asheville Steam Station to meet the 316(b) requirements for existing
facilities. The planned Asheville Combined -cycle station is expected to be classified as a new unit at an
existing facility per 40 C.F.R. §125.92(u). As required by 40 C.F.R. §125.95(b)(1), Duke will be submitting
information stated in 40 C.F.R. §122.21(r)(2) — (8) and (14) within 180 days before the planned
commencement of cooling water withdrawals for the operation of the new unit. A copy of the applicability
analysis can be found in Attachment E entitled Applicability of §316(b) of the Clean Water Act (CWA) to
the Asheville Steam Station.
Seeps Categorization and Disposition
Duke previously identified twenty-four (24) Areas of Wetness (AOWs) within the site property. A map of
AOW locations is provided in Attachment F. AOWs SD-01, N-01 and PO-1 are requested to be eliminated
from the NPDES permit since their analytical values indicate they are not influenced by CCR materials. It is
requested that AOWs B-01, E-01, F-02, and ponded water F be designated as effluent channels. A group
of AOWs 64-E01, 64E-02, 64E-03,C-02, C-03, C-05,and D-01 all discharge to AOW C-01, we request that
these AOWs are combined into a single effluent channel with the representative sampling location being at
C-01. Another group of AOWs 82E-01, 82E-02, K-01,K-02,F-03, and M-01 all discharge to AOW F01, we
request that this group of AOWs are combined into a single effluent channel with the representative
sampling location being at F-01. Duke requests that AOWs A-01 and A-02 be combined into a single
effluent channel with A-01 being designated as the sampling point. Duke requests removal of the
collection system located at the toe of the 64 ash basin, as these areas would be covered in the
effluent channel designations described above. Duke requests that DEQ provide concurrence or
acknowledgement of this request in the NPDES Fact Sheet for the permit.
Page 8 of 10
Duke Energy Progress, I.I.C.
Asheville Steam Electric Plant
NPDES PERMIT # NC0000396
Supplemental Information Package
Industrial Stormwater Outfalls
DEQ Division of Energy, Mineral, and Land Resources issued the Industrial Stormwater Permit
(NCS000575) May 24, 2016. The permit became effective on the date of issuance. Outfalls SW001,
SW002, and SWO03 are covered in the aforementioned permit. There are provisions in the permit for two
new outfalls upon completion of an new access road. The stormwater outfalls identified as SW004,
SW005, and SWO06 are not associated with industrial activities, therefore were not included in the
Industrial Stormwater Permit. Duke requests that outfalls SW004, SW005, SWO06 and the qualitative
monitoring requirements be removed from the NPDES permit.
Extraction Wells
A Settlement Agreement between the North Carolina Department of Environmental Quality (NCDEQ) and
Duke Energy signed on September 29, 2015 provided an additional requirement to implement accelerated
remediation at sites that demonstrated off -site groundwater impacts. Based on data collected for the
Comprehensive Site Assessment, potential off -site groundwater impacts were identified west of the 1964
ash basin, beneath a 12 acre parcel within the adjacent 1-26 right of way. An Interim Action Plan was
submitted in April 2016 that outlines the tasks to meet the accelerated remediation requirement. Initial
groundwater modeling has indicated removal of constituent mass from the area of highest constituent
concentrations will accelerate mitigation of groundwater impacts. Two extraction wells were installed in July
2016 (EXT-01 and EXT-02) and aquifer pumping tests were conducted during August and September
2016. Results of the pumping tests indicate one viable extraction well (EXT-01) has been installed with two
additional extraction wells recommended. Potential total discharge from a 3 well system extracting
groundwater from the transition zone and upper bedrock formation is estimated to range from 60 to 90
gallons per minute (86,000—130,000 gallons per day). The extracted groundwater will be treated prior to
discharge through outfall 001. Treatment of the discharge may be provided by a new treatment basin, new
direct groundwater treatment system or sent to the MSD as domestic waste.
Page 9 of 10
Duke Energy Progress, I.I.C.
Asheville Steam Electric Plant
NPDES PERMIT# NC0000396
Supplemental Information Package
List of Attachments:
Attachment A — Site Plan
Attachment B — NPDES Outfalls
Attachment C — Process Flow Diagram
Attachment D — Effluent Guidelines Rule Justification for Applicability Dates
Attachment E — Alternate Schedule Request §316(b) of the Clean Water Act
Attachment F — NPDES Seeps
Attachment G — NPDES Individual Stormwater Permit (NCS000575)
Page 10 of 10
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Asheville Steam Station: Effluent Guidelines Rule
Justification for Applicability Dates
A. Introduction
Duke submits the following information as a justification for appropriate applicability dates for
compliance with the new Effluent Guidelines Rule (ELG Rule) (80 Fed. Reg. 67,838 (Nov. 3, 2015))
at Asheville Steam Station (Asheville), located in Asheville, North Carolina.
The Asheville Steam Station currently consists of a two unit coal-fired generating station with a
capacity totaling 384 MW/378 MW (winter/summer). Treated bottom ash transport water (BATW)
and treated fly ash transport water (FATW) are currently discharged from the station. FGD
wastewater is permitted to discharge through internal outfall 005 and ultimately discharged through
outfall 001.
The ELG Rule sets a range of possible applicability dates for compliance with the new best available
technology (BAT) limits for bottom ash transport water (zero discharge) and FGD wastewater
(numeric limits for selenium, arsenic, mercury, and nitrate/nitrite), as well for fly ash transport water
(zero discharge). The regulation provides that all permits issued after the effective date of the rule
(January 4, 2016) should contain applicability dates for compliance with the BAT limits, and that
those dates should be "as soon as possible" but not sooner than November 1, 2018 and not later than
December 31, 2023.
For Asheville, since the plant's final NPDES permit will be issued after January 4, 2016, but before
November 1, 2018, EPA specifically instructs permit writers to "apply limitations based on the
previously promulgated BPT limitations or the plant's other applicable permit limitations until at
least November 1, 2018." 80 Fed. Reg. at 67,883, col. 1 (emphasis added). As the rule makes clear,
however, BAT limits may apply — depending on the individual circumstances of the facilities subject
to the rule — any time within the window of November 1, 2018 to December 31, 2023. In selecting an
appropriate applicability date for each waste stream subject to the new BAT limits, the permitting
authority is called upon to determine an "as soon as passible" date.
The ELG Rule provides a very specific definition for "as soon as possible." The permit writer — when
supplied with appropriate information by the permittee — must consider a range of factors that affect
the timing of compliance. Those factors are as follows:
(1) Time to expeditiously plan (including to raise capital), design, procure, and install
equipment to comply with the requirements of this part.
(2) Changes being made or planned at the plant in response to:
(i) New source performance standards for greenhouse gases from new fossil fuel -
fired electric generating units, under sections 111, 301, 302, and 307(d)(1)(C) of the
Clean Air Act, as amended, 42 U.S.C. 7411, 7601, 7602, 7607(d)(1)(C);
(ii) Emission guidelines for greenhouse gases from existing fossil fuel -fired electric
generating units, under sections 111, 301, 302, and 307(d) of the Clean Air Act, as
amended, 42 U.S.C. 7411, 7601, 7602, 7607(d); or
(iii) Regulations that address the disposal of coal combustion residuals as solid waste,
under sections 1006(b), 1008(a), 2002(a), 3001, 4004, and 4005(a) of the Solid Waste
Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act
of 1976, as amended by the Hazardous and Solid Waste Amendments of 1984, 42
U.S.C. 6906(b), 6907(a), 6912(a), 6944, and 6945(a).
(3) For FGD wastewater requirements only, an initial commissioning period for the
treatment system to optimize the installed equipment.
(4) Other factors as appropriate.
40 C.F.R. § 423.11(t).
Per the Mountain Energy Act of 2015, both coal-fired steam stations are scheduled to retire by
January 31, 2020. The generation will be replaced with a new combined -cycle station expected to be
operational in late 2019. Due to the retirement dates for these units, Duke Energy would like to
request an ELG applicability date of January 31, 2020 for BATW, FATW and FGD wastewater.
The steam electric industry is in the midst of major transitions driven by new environmental
regulatory requirements in the air, waste, and water arenas. In the ELG Rule, EPA explicitly
acknowledged the complications of planning and executing ELG retrofits while developing and
executing compliance strategies under other rules. EPA made it clear that the range of applicability
dates provided in the ELG Rule are supposed to be implemented in a manner that avoids stranded
costs and promotes orderly decision making. For instance, EPA states:
"From an environmental protection/coordination standpoint, with the increased use of
flue gas desulfurization scrubbers and flue gas mercury controls in response to air
pollution -related requirements, this rule makes sense from a holistic environmental
protection perspective and from the perspective of coordinating across rules affecting the
same sector. This final ELG controls the discharges associated with these particular
waste streams."
.. Response to Comments, p. 8-388.
The ELG Rule clearly allows consideration of stranded cost avoidance in setting the ELG
applicability date based on the need to account for any applicable obligations under the CPP.
However, in statements in the Response to Comments, EPA indicates stranded costs apply to any
rule, not just the CPP. EPA explains in the Response to Comments that it provided flexibility in
applicability dates so that facilities could consider all new regulatory requirements and then have an
adequate time to plan and implement accordingly, and thus avoid stranded costs:
"EPA is sensitive to the need to provide sufficient time for steam electric power plants to
understand, plan for, and implement any changes to their operation to meet their
environmental responsibilities, and agrees with the commenter that transparency of
requirements is important for minimizing "stranded investments." ...Furthermore, as
described in the preamble, the final rule provides time for plant owners or operators to
implement changes to plant operations in order to meet the final limitations and
standards, as well as flexibility to permitting authorities in implementing the final rule.
The Agency specifically considered the timing of requirements of other environmental
2
regulations in establishing implementation requirements for the ELGs, in order to provide
steam electric power plants time to consider and implement their strategy for
compliance."
Response to Comments, p. 8-388.
Furthermore, EPA also states that the permitting authority may "account for time the facility needs to
coordinate all the requirements of this rule, along with other regulatory requirements, to make the
correct planning and financing decisions, and to implement the new requirements in an orderly and
feasible way." Response to Comments, p. 8-129 (emphasis added).
In addition to stranded cost avoidance, EPA explicitly notes that the permitting authority should
consider grid reliability in setting applicability dates: "EPA's decision is also designed to allow,
more broadly, for the coordination of generating unit outages in.order to maintain grid reliability and
prevent any potential impacts on electricity availability, something that public commenters urged
EPA to consider." 80 Fed. Reg. at 67,854, col. 2. See also Response to Comments, p. 8-138. This
statement clearly applies to scheduling tie-ins with generating unit outages, but also implies the ELG
applicability date should consider grid reliability associated with unit retirements. In order to maintain
grid reliability in the area, the coal-fired units must remain operational until the new combined -cycle
is commercially available
To avoid stranded costs and maintain grid reliability, establishing an EGL applicability date of
January 31, 2020 is justified.
3
Applicability of §316(b) of the Clean Water Act (CWA) to the Asheville Steam Station
Final regulations to establish requirements for cooling water intake structures at existing facilities
were published in the Federal Register on August 15, 2014 (i.e. regulations implementing §316(b) of the
Clean Water Act) with an effective date of October 14, 2014. The Asheville Steam Station currently
consists of a two unit coal-fired generating station with a capacity totaling 384 MW/378 MW
(winter/summer). Per the Mountain Energy Act of 2015, both coal-fired steam stations are scheduled to
retire by January 31, 2020. The generation will be replaced with a new combined -cycle station expected
to be operational in late 2019. The following provides a discussion of the applicability of the 316(b)
regulations to the Asheville Steam Station and the new combined -cycle unit.
Asheville Steam Station
Per §125.91(a)(1)-(3) Applicability, the Asheville Steam Station is subject to the requirements at
§125.94 through §125.99 (316(b) requirements) based on the following:
— The facility is defined as an existing facility;
— The facility has a point source discharge;
— The facility uses a cooling water intake with a design intake flow (DIF) of greater than 2 million
gallons (MGD) to withdraw water from waters of the U.S.; and
Twenty-five percent or more of the water withdraws on an actual intake flow basis are
exclusively used for cooling purposes.
However, per §122.21 (r)(1)(ii)(F), if the owner of an existing facility plans to retire the facility before the
current NPDES permit expires, then the 316(b) submittal requirements listed in §122.21 (r)(1)(ii)(A), (B)
and (C) do not apply'. Therefore, with the assumption the renewed NPDES permit for Asheville Steam
Station will expire after the scheduled retirement date, no further action is required for the Asheville
Steam Station to meet the 316(b) requirements for existing facilities.
Asheville Combined -cycle Station
The planned Asheville Combined -cycle station is expected to be classified as a new unit at an
existing facility. The unit will be stand alone, will utilize the existing intake structure to obtain cooling
water, and the existing intake will not be modified to increase the design intake flow. Therefore,
§125.94(e) BTA standards for impingement mortality and entrainment for new units at existing facilities
is anticipated to be applicable to the planned Asheville Combined -cycle Station. As such, Duke Energy
plans to demonstrate compliance under §125.94(e)(1) by operating the cooling water system as a
closed -cycle recirculating system. Per §122.21 (r)(1)(ii)(D) New units at existing facilities, Duke Energy
will submit the following information:
1 §122.21 (r)(1J(ii)(A) requires all existing facilities to submit information listed in §122.21(r)(2) — (8).
§122.21 (r)(1)(h)(B) requires all existing facilities with an Actual Intake Flow (AIF) greater than 125 MGD to submit
information listed in §122.21 (r) (9), (10), (11), (12), and (13).
§122.21 (r)(1)(ii)(C) requires existing facility must also submit such additional information as the Director
determines is necessary.
§122.21(r)(2) Source Water Physical Data
— §122.21(r)(3) Cooling Water Intake Structure Data
— Applicable provisions of §122.21(r)(4) Source Water Baseline Biological Characterization Data
— §122.21(r)(5) Cooling Water System Data
— Applicable provisions of §122.21(r)(6) Chosen Method(s) of Compliance with Impingement
Mortality Standard
Applicable provisions of §122.21(r)(7) Entrainment Performance Studies
— §122.21(r)(8) Operational Status
— §122.21(r)(14) New Units
Furthermore, the actual intake flow (AIF) is expected to be well below 125 million gallons per day
(MGD). The additional information requested under §122.21(r)(9), (10), (11), (12) and (13), therefore,
are not applicable to the combined -cycle station. In accordance with §125.95(b) Permit application
submittal timeframe for new units, Duke Energy will submit information required in §122.21(r) within
180 days before the planned commencement of cooling water withdrawals for the operation of the new
unit.
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Permit No. NCS000575
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Duke Energy Progress, LLC
is hereby authorized to discharge stormwater from a facility located at
Asheville Steam Electric Plant
200 CP&L Drive
Arden, NC
Buncombe County
to receiving waters designated as Lake Julian, a class C and an unnamed tributary to
unnamed Class C tributary to the French Broad River Basin, in accordance with the
discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II,
III, and IV hereof.
This permit shall become effective May 24, 2016.
This permit and the authorization to discharge shall expire at midnight on April 30, 2021.
Signed this day May 24, 2016.
Or44�S4vi e by MOW40, F. RCE nd j fQr
Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS000575
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
S.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
11.
Onshore or Offshore Construction
12.
Duty to Reapply
Section B: General
Conditions
1.
Permit Expiration
2.
Transfers
3.
Signatory Requirements
4.
Permit Modification, Revocation and Reissuance, or Termination
8
Permit No. NCS000575
5. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
ii
Permit No. NCS000575
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NO[) form to
the Division; must receive approval by the Division; must maintain no exposure conditions
unless authorized to discharge under a valid NPDES stormwater permit; and must recertify
the No Exposure Exclusion annually.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that
has been adequately treated and managed in accordance with the terms and conditions of
this permit. All stormwater discharges shall be in accordance with the conditions of this
permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
Part I Page 1 of 2
SECTION C: LOCATION MAP
NCS000575
Map Scale 124,000
Duke Enemy Progress, LLC
Asheville Steam Electric Plant
Latitude: 3510 28` 1" N
Longitude: 82° 32` 13° W
fbunty: Bunmmbe
ReceMng Stream: Lake Julian and a UT to the French
Broad River
Stream (3ass: C
Part I Page 2 of 2
Permit No. NCS000575
Lit-ow
,w-
Facility Location
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site unless exempted from this requirement by
the Division. The SPPP is public information in accordance with Part III, Standard
Conditions, Section E, paragraph 3 of this permit. The SPPP should also specifically and
separately address deconstruction, demolition, coal, and/or coal ash hauling or disposal
activities. The SPPP shall include, at a minimum, the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility
and the potential pollutant sources that may be expected to contribute to
contamination of stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points of stormwater discharge associated with industrial
activity. The general location map (or alternatively the site map) shall identify
whether any receiving waters are impaired (on the state's 303(d) list of impaired
waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall. The
narrative should also reference deconstruction, demolition, coal, and/or coal ash
hauling or disposal activities where applicable.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary;
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map
must include a graphic scale indication and north arrow.
Part II Page 1 of 13
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall submit the first certification
no later than 90 days after the effective date of this permit to the Stormwater
Permitting Program Central Office and shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. For any non-stormwater discharge identified, the permittee shall
indicate how that discharge is permitted or otherwise authorized. The certification
statement will be signed in accordance with the requirements found in Part III,
Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. This strategy should also address
deconstruction, demolition, coal, and/or coal ash hauling or disposal activities where
applicable. The Stormwater Management Strategy, at a minimum, shall incorporate the
following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to rainfall and run-on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document the feasibility of diverting the stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of li uid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances, in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism). Any stormwater that accumulates in the containment area
shall be observed for color, foam, outfall staining, visible sheens and dry weather
flow, prior to release of the accumulated stormwater. Accumulated stormwater
shall be released if found to be uncontaminated by any material. Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five (5) years. For facilities subject to a federal oil Spill Prevention,
Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully
compliant with the requirements of this permit may be used to demonstrate
compliance with this permit.
Part II Page 2 of 13
In addition to secondary containment for tankage, the permittee shall provide drip
pans or other similar protection measures for truck or rail car liquid loading and
unloading stations.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary should also address deconstruction,
demolition, coal, and/or coal ash hauling or disposal activities where applicable.
The permittee shall refer to the BMPs described in EPA's Multi -Sector Permit
(MSGP) and Industrial Stormwater Fact Sheet for Steam Electric Power Generating
Facilities (EPA-833-F-06-030) for guidance on BMPs that may be appropriate for
this site. The BMP Summary shall be reviewed and updated annually.
Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility. Facility personnel responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A
responsible person shall be on -site at all times during facility operations that have
increased potential to contaminate stormwater runoff through spills or exposure of
materials associated with the facility operations. The SPRP must be site stormwater
specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC)
may be a component of the SPRP, but may not be sufficient to completely address the
stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may
be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented.
The program shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural BMPs.
The program shall establish schedules of inspections, maintenance, and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas,
and facility systems that present a potential for stormwater exposure or stormwater
pollution where not already addressed under another element of the SPPP. Inspection
of material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program. Compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded and maintained in the
SPPP. The program should also address deconstruction, demolition, coal, and/or coal
ash hauling or disposal activities where applicable. The Good Housekeeping Program
shall also include, but not be limited to, BMPs to accomplish the following:
PartII Page 3 of 13
(a) Minimize contamination of stormwater runoff from oil-bearing equipment in
switchyard areas;
(b) Minimize contamination of stormwater runoff from delivery vehicles and rail
cars arriving and departing the plant site;
(c) Inspect all residue -hauling vehicles for proper covering over the load,
adequate gate -sealing, and overall integrity of the container body. Repair
vehicles as necessary; and
(d) Reduce or control the tracking of ash and residue from ash loading and
storage areas;
5. Facility Inspections. Inspections of the facility (including tanks, pipes, and equipment)
and all stormwater systems shall occur as part of the Preventative Maintenance and
Good Housekeeping Program at a minimum on a semi-annual schedule, once during the
first half of the year (January to June), and once during the second half (July to
December), with at least 60 days separating inspection dates (unless performed more
frequently than semi-annually). These facility inspections are different from, and in
addition to, the stormwater discharge characteristic monitoring at the outfalls required
in Part II B, and C of this permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible
for the overall coordination, development, implementation, and revision of the SPPP.
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list of signiftcantspills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater
BMPs (BMP Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response
Part II Page 4 of 13
status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR) form, available from the Stormwater Permitting
Program's website (See'Monitoring Forms' here:
httj2://nortal.ncdenr.org./web/lrf npdes-stormwater).
If the Director notifies the permittee that the SPPP does not meet one or more of the
minimum requirements of the permit, the permittee shall have 30 days to respond.
Within 30 days of such notice, the permittee shall submit a time schedule to the
Director for modifying the SPPP to meet minimum requirements. The permittee shall
provide certification in writing (in accordance with Part III, Standard Conditions,
Section B, Paragraph 3) to the Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs consistent with the provisions of this permit,
in order to control contaminants entering surface waters via stormwater.
Implementation of the SPPP shall include documentation of all monitoring,
measurements, inspections, maintenance activities, and training provided to
employees, including the log of the sampling data and of actions taken to implement
BMPs associated with the industrial activities, including vehicle maintenance activities.
Such documentation shall be kept on -site for a period of five (5) years and made
available to the Director or the Director's authorized representative immediately upon
request.
Part II Page 5 of 13
SECTION 13: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Tables
1-3. All analytical monitoring shall be performed during a measureable storm event at
the specified-stormwater discharge outfalls (SDOs) that discharge stormwater associated
with industrial activity (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a
shorter interval is representative for local storm events during the sampling period, and the
permittee obtains approval from the local DEMLR Regional Engineer. See Definitions
The following parameters shall be monitored during a measurable storm event from the
back entrance access road area, designated as Outfall SW001, SW002, SW003, SW-7, and
SW-8 discharging to an unnamed tributary to the French Broad River.
Table 1. Analytical Monitoring Requirements for Outfall SW001, SW002, SW003,
SW-7 and SW-8
Discharge
Measurement
Sample
Sample
Characteristics
Units
Frequencyl
Type2
Location3
Total Suspended Solids (TSS)
semi-annual
(quarterly, during
Grab
SDO
mg/L
coal or ash
transport only)
Total Rainfall4
semi-annual
(quarterly, during
Rain
inches
coal or ash
Gauge
'
transport only)
40 CFR Part 423 Appendix A:
quarterly, during
Priority Pollutant Metals - Ag, As, Be,
mg/L
coal or ash
Grab
SDO
Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, Tl, Zn5
transport only
Boron5
quarterly, during
mg/L
coal or ash
Grab
SDO
trans ort only
pH5
semi-annual
(quarterly, during
standard
coal or ash
Grab
SDO
transport only)
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt quarterly or
monthly sampling) during a measureable storm event, until either another permit is issued for this
facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier
Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring
and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
Part II Page 6 of 13
J Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) specified above
unless representative outfall status (ROS) has been granted. The permittee may petition the Director for
ROS using DEMLR's ROS Request Form. DEMLR may grant ROS if stormwater discharges from a single
outfall are representative of discharges from multiple outfalls. Approved ROS will reduce the number of
outfalls where the analytical sampling requirements apply and will be documented in a letter to the
permittee. A copy of the Division's letter granting ROS shall be kept on site.
4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
5 These parameters shall be monitored only if coal or coal ash is transported through the drainage areas of
these outfalls during the quarterly monitoring period in Table 3. Mercury shall be measured by EPA
Method 1631E.
The stormwater outfall identified as SW004, SW005, and SWO06 (outfalls along the main
entrance) is not associated with industrial activities. Any modifications to these outfalls
that result in a potential stormwater discharge associated with past or present industrial
activities will require a modification to this permit.
Should the permittee identify or create any new stormwater outfalls; remove any
stormwater outfalls identified in this permit; or alter any drainage areas that change
the potential pollutants in runoff discharged through corresponding outfalls, the permittee
will submit a request to NC DEMLR to modify this permit. For any newly discovered pipes
or outfalls, the permittee must evaluate the structure and provide a report of the status and
planned actions to NC DENR within 14 days. The permittee must either (1) request
modification of this permit and modify the SPPP accordingly, or (2) eliminate potential
discharges by removal, plugging, or combination of both.
The permittee shall complete the analytical samplings in accordance with the schedule
specified in Table 2, unless adverse weather conditions prevent sample collection (see
Adverse Weather in Definitions). Similarly, sampling is not required outside of the facility's
normal operating hours. A minimum of 60 days must separate Period 1 and Period 2
sample dates, unless monthly monitoring has been instituted under a "Tier Two"
response. Inability to sample because of adverse weather conditions must be documented
in the SPPP and recorded on the DMR. The permittee must report the results from each
sample taken within the monitoring period (see Part III, Section E). However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid results within the monitoring period.
Table 2. Monitoring Schedule
Monitoring period1,2
Sample Number
Start
End
Year 1 - Period 1
1
May 24, 2016
December 31, 2016
Year 1 - Period 2
2
January 1, 2017
June 30, 2017
Year 2 - Period 1
3
July 1, 2017
December 31, 2017
Year 2 - Period 2
4
January 1, 2018
June 30, 2018
Year 3 - Period 1
5
July 1, 2018
December 31, 2018
Year 3 - Period 2
6 1
January 1, 2019
June 30, 2019
Year 4 - Period 1
7
July 1, 2019
December 31, 2019
Year 4 - Period 2
8
January 1, 2020
June 30, 2020
Part II Page 7 of 13
Year 5 - Period 1
9 July 1, 2020
December 31, 2020
Year 5 - Period 2
10 January 1, 2021
April 30, 2021
Footnotes:
1 Maintain monitoring until either another permit is issued for this facility or until this permit is
revoked or rescinded. The permittee must submit an application for renewal of coverage before the
submittal deadline (180 days before expiration) to be considered for renewed coverage under the
permit. The permittee must continue analytical monitoring throughout the permit renewal process,
even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
Failure to monitor per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period. "No discharge" from an outfall
during a monitoring period does not constitute failure to monitor, as long as it is properly
recorded and reported.
Proposed NPDES Wastewater Permit NC0000396 requires the facility to conduct fish
tissue monitoring once during that permit term for arsenic (As), selenium (Se), and
mercury (Hg) in accordance with a Sampling Plan approved by the Division of Water
Resources. The permittee shall submit annually a summary of the results of the fish tissue
monitoring results to the DEMLR Stormwater Permitting Program (Central Office) and
indicate the location of sampling in relation to stormwater discharge outfalls. This
reporting timeframe differs from the NPDES Wastewater Permit, which directs that fish
tissue analysis results be submitted with the wastewater discharge permit renewal
application.
The permittee shall compare monitoring results to the benchmark values in Table 3.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater Best Management
Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and
Tier Three response actions below. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's
release letter may remain in effect through subsequent reissuance of this permit, unless the
release letter provides for other conditions or duration.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Antimony (Sb), Total Recoverable
mg/L
0.09
Arsenic (As), Total Recoverable
mg/L
0.34
Beryllium (Be), Total Recoverable
mg/L
0.065
Cadmium (Cd), Total Recoverable'
mg/L
0.003
Chromium (Cr), Total Recoverable'
mg/L
0.9
Copper (Cu), Total Recoverable'
mg/L
0.010
Part II Page 8 of 13
Discharge Characteristics
Units
Benchmark
Lead (Pb), Total Recoverable'
mg/L
0.075
Mercury (Hg), Total Recoverablez
ng/L
N/A2
Nickel (Ni), Total Recoverable'
mg/L
0.335
Polychlorinated biphenyl compounds (PCBs)
µg/L
Detected
Selenium (Se), Total Recoverable
mg/L
0.056
Silver (Ag), Total Recoverable'
mg/L
0.0003
Zinc (Zn), Total Recoverable'
mg/L
0.126
Total Suspended Solids (TSS)
mg/L
100
Non -Polar Oil & Grease by
EPA Method 1664 (SGT-HEM)
mg/L
15
pH3
standard
6 - 93
Boron (B)
mg/L
N/A (monitor only)
Thallium (Tl), Total Recoverable'
mg/L
N/A (monitor only)
Footnotes:
1 Hardness- dependent. Benchmark based on translation of dissolved value into total recoverable with
an assumed hardness of 25 mg/1 and a total suspended solids (TSS) concentration of 10 mg/l.
2 Values above the North Carolina water quality standard for mercury (12 ng/1) should be noted on the
DMR but do not trigger Tier responses. Concentrations infield blanks or method blanks associated
with the sample maybe subtracted from the results for that sample, as long as all documentation of the
adjustment is provided with the DMR.
3 If pH values outside this range are recorded in sampled stormwater discharges, but ambient
precipitation pH levels are lower, then the lower threshold of this benchmark range is the pH of the
precipitation (within instrument accuracy) instead of 6 S.U. Readings from an on -site or local rain
gauge (or local precipitation data) must be documented to demonstrate background concentrations
were below the benchmark pH range of 6- 9.
The benchmark values in Table 3 are not permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value
is not a permit violation; however, failure to respond to the exceedance as outlined in this
permit is a violation of permit conditions.
Part II Page 9 of 13
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for
any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring
concentrations within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
S. Record each instance of a Tier One response in the SPPP. Include the date and value of the
benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected
actions, and the date the selected actions were implemented.
6. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall
conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark
value. Monthly (analytical and qualitative) monitoring shall continue until three consecutive
sample results are below the benchmark values or within benchmark range.
7. Note: Benchmark exceedances for a different parameter separately trie2er a tiered response.
Tier
If: The first valid sampling results from two consecutive monitoring periods are above the benchmark
values, or outside of the benchmark range, for any specific 2arameter at a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Continue monthly monitoring and reporting for all parameters. The permittee shall conduct
monthly monitoring at every outfall where a sampling result exceeded the benchmark value for twc,
consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three
consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow' to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances,
exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three.
The Regional Engineer may direct the response actions on the part of the permittee as provided in
Tier Three, including reduced or additional sampling parameters or frequency.
S. If pursuing the alternative above after two consecutive exceedances, the permittee may propose an
alternative monitoring plan for approval by the Regional Engineer.
6. Maintain a record of the Tier Two response in the SPPP.
7. Continue Tier Two response obligations throughout the permit renewal_process.
Tier Three
If: The valid sampling results required for the permit monitoring periods exceed the benchmark
value, or are outside the benchmark range, for any specific parameter at any specific outfall on four
occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of
the fourth analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
Part II Page 10 of 13
• require the permittee to perform upstream and downstream monitoring to characterize impacts
on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
If a Total Maximum Daily Load (TMDL) is developed and approved for Lake Julian, or if this
body of water becomes impaired, the permittee may be required to monitor for the
pollutant(s) of concern in the future and submit results to the Division. The Division will
consider the monitoring results in determining whether additional BMPs are needed to
control the pollutant(s) of concern to the maximum extent practicable.
If additional BMPs are needed to achieve the required level of control, the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a
timetable for incorporation of those BMPs into the Stormwater Pollution Prevention Plan.
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater
pollution. Qualitative monitoring of stormwater outfalls must be performed during a
measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed quarterly as
specified in Table 4, and during required analytical monitoring events (unless the permittee
is required to perform further qualitative monitoring per the Qualitative Monitoring
Response, below). Inability to monitor because of adverse weather conditions must be
documented in the SPPP and recorded on the Qualitative Monitoring Report form (see
Adverse Weather in Definitions). Only SDOs discharging stormwater associated with
industrial activity must be monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee
shall document the suspected cause of the condition and any actions taken in response to
the discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Re uirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
quarterly
SDO
Odor
quarterly
SDO
Clarity
quarterly
SDO
Floating Solids
quarterly
SDO
Suspended Solids
quarterly
SDO
Foam
quarterly
SDO
Oil Sheen
quarterly
SDO
PartII Page 11 of A
Discharge Characteristics
Frequency)
Monitoring
Location2
Erosion or deposition at the outfall
quarterly
SDO
Other obvious indicators
quarterly
SDO
of stormwater pollution
F t�q notes:
1 Monitoring Frequency: Four times per year during a measureable storm event unless other provisions
of this permit prompt monthly monitoring. See Table 5 for schedule of monitoring periods through the
end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit
renewal process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
Table 5. Monitoring Schedule
Monitoring period1,2
Sample Number
Start
End
Year 1 - Period 1
1
May 24, 2016
September 30, 2016
Year 1 - Period 2
2
October 1, 2016
December 31, 2016
Year 1 - Period 3
3
January 1, 2017
March 31, 2017
Year 1 - Period 4
4
April 1, 2017
June 30, 2017
Year 2 - Period 1
5
July 1, 2017
September 30, 2017
Year 2 - Period 2
6
October 1, 2017
December 31, 2017
Year 2 - Period 3
7
January 1, 2018
March 31, 2018
Year 2 - Period 4
8
April 1, 2018
June 30, 2018
Year 3 - Period 1
9
July 1, 2018
September 30, 2018
Year 3 - Period 2
10
October 1, 2018
December 31, 2018
Year 3 - Period 3
11
January 1, 2019
March 31, 2019
Year 3 - Period 4
12
April 1, 2019
June 30, 2019
Year 4 - Period 1
13
July 1, 2019
September 30, 2019
Year 4 - Period 2
14
October 1, 2019
December 31, 2019
Year 4 - Period 3
15
January 1, 2020
March 31, 2020
Year 4 - Period 4
16
April 1, 2020
June 30, 2020
Year 5 - Period 1
17
July 1, 2020
September 30, 2020
Year 5 - Period 2
18
October 1, 2020
December 31, 2020
Year 5 - Period 3
19
January 1, 2021
March 31, 2021
Year 5 - Period 4
20
April 1, 2021
April 30, 2021
Footnotes:
1 Maintain quarterly monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must continue qualitative monitoring throughout the
permit renewal process, even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must complete a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
Part II Page 12 of 13
Failure to monitor quarterly per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement
those corrective actions within 30 days, per the Qualitative Monitoring Response, below.
A written record of the permittee's investigation, evaluation, and response actions shall be
kept in the Stormwater Pollution Prevention Plan.
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential
sources of stormwater pollution, and prompting the permittee's response to pollution. If the
permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, the
Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
PartII Page A of 13
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 6 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
Stormwater discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements, conditions,
limitations, and controls contained in this permit (except new SPPP elements in this permit renewal)
shall become effective immediately upon issuance of this permit. New elements of the Stormwater
Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6
months of the effective date of this permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Paragraph 2(b) of this permit shall be accomplished prior to the
beginning of stormwater discharges from the operation of the industrial activity.
�. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes
a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41].
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the yegulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement [40 CFR 122.411.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per
day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)].
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. In the case of a second or subsequent conviction for a negligent violation, a person shall be
subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment
of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
Part III Page 1 of 10
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II
violations are not to exceed $16,000 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $177,500 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the
Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
5. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
Part III Page 2 of 10
Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act 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 $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41].
10. penalties for Falsification of Reports
The Clean Water Act 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 monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
PartIII Page 3 of 10
SECTION B: GENERAL CONDITIONS
Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as
are required by the agency authorized to issue permits no later than 180 days prior to the
expiration date, unless permission for a later date has been granted by the Director. (The Director
shall not grant permission for applications to be submitted later than the expiration date of the
existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days
prior to expiration, or any permittee that does not have a permit after the expiration and has not
requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures
as provided in NCGS §143-215.36 and 33 USC 1251 et. seq.
Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation
and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3),122.61] or state
statute. The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
Signatory Reguirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive
officer or ranking elected official [40 CFR 122.221.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person. A person is a duly authorized representative only if.
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
Part III Page 4 of 10
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22].
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.22].
d. Certification. Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person as described in paragraph b. A person, and not a position, must be
delegated signatory authority for eDMR or other electronic reporting purposes.
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North
Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose.
For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user
account and login credentials to access the eDMR system.
Permit Modification Revocation and Reissuance or Termination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et al.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition [40 CFR
122.41(f)].
Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit.
PartIII Page 5 of 10
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this permit [40
CFR 122.41(e)].
2. Need to Halt or Reduce Not a Defense
It shall 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 condition of this
permit [40 CFR 122.41(c)].
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater, or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
c. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may
approve an anticipated bypass after considering its adverse effects.
Part III Page 6 of 10
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a measureable
storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points as specified in this permit shall not be changed without
notification to and approval of the Permit Issuing Authority [40 CFR 122.410)].
2. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information [40 CFR 122.411:
a. The date, exact place, and time of sampling or measurements;
b. The individuals) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting
level) approved method must be used.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls.
Part III Page 7 of 10
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs)
and eDMR or other electronic DMR report submissions,
o copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of the Director
at any time [40 CFR 122.41].
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
Part III Page 8 of 10
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to
the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR
forms are available on the Division's website (http:fl12ortal.ncdenr.org/web/Ir/npdes-stormwater).
Regardless of the submission method (paper or electronic), submittals shall be delivered to the
Division or appropriate authority no later than 30 days from the date the facility receives the
sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506.
If the permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be
included in the data submitted on the DMR.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon the Division's
specific requirement to do so. Qualitative Monitoring Report forms are available at the website
above.
Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North Carolina's
eDMR internet application for that purpose. Until such time that the state's eDMR application is
compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be
required to complete the eDMR submission by printing, signing, and submitting one signed
original and a copy of the computer printed eDMR to the address above.
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division. As required by the Act, analytical 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 for in NCGS 143-215.613 or in Section 309 of
the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under all other
Part III Page 9 of 10
applicable discharge permits and provide this information with the stormwater discharge
monitoring report.
S. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(l)]. This notification requirement includes pollutants which are not specifically listed in
the permit or subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)].
7. Snips
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills
as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil
spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any
oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than
25 gallons that cannot be cleaned up within 24 hours.
8. Bypass
Notice [40 CFR 122.41(m)(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and effect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(1)(6)].
The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
Part III Page 10 of 10
PART IV DEFINITIONS
Act
See Clean Water Act.
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with your SPPP records. Adverse weather does not exempt the permittee
from having to file a monitoring report in accordance with the sampling schedule. Adverse events
and failures to monitor must also be explained and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
a. All other discharges that are authorized by a non-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye
wash as a result of use in the event of an emergency.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be found at:
httl2:j/cfpub.epa.gov/npdesIstormwater/menuofbmns/index.cfm.
S. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Materials
Liquid rqw materials, in -process liquids and reactants, intermediate products, manufactured
products, waste materials, or by-products in a single above ground container, tank, or vessel having a
capacity of greater than 660 gallons or contained in multiple above ground containers, tanks, or
vessels located in close proximity to each other having a total combined capacity of greater than
1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under any General Permit and is signed by the Director.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural
Resources.
Part IV Page 1 of 4
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
15. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on
site in the permittee's SPPP.
16. Municipal Separate Storm Sewer System (MS41
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR §122.26(g).
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a General Permit.
19. Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director' above).
20. Permittee
The owner or operator issued this permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
Part IV Page 2 of 4 Pages
22. Representative Outfall Sty
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year, 24-hour storm event.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
C. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
d. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
26. Significant erials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Discharge Outfall (SDO)
The point of departure of Stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
30. Stormwater Associated with Industrial Activity
Part IV Page 3 of 4 Pages
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
31. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Load (TMDL].
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at httl2: j [portal.ncdenr.org/web jwq/psimtu jtmdl.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-year. 24 hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Part IV Page 4 of 4 Pages
Duke Energy Progress, LLC
Asheville Steam Electric Plant
National Pollutant Discharge Elimination System Permit Number NC0000396
Attachment H
Form 2C - Item VI - Potential Discharges Not Covered By Analysis
Chemical
Estimated Quantity
Frequency
Purpose
Used ( er ear
Hydrazine (35%)
1840 lb./yr.
Continuous
Oxygen scavenger in
boiler
Ammonium hydroxide
2730 lb./yr.
Continuous
pH control of boiler
water
Sodium hydroxide 141,139 Ib./yr Continuous
pH control of ash pond
25
Sodium hydroxide
30 gallons
As required
pH control of boiler
50%
water
Sodium hypochlorite
91,072 lb./yr.
As required
Control of biological
(15%)
fouling on heat
exchangers
Sodium molybdate
100 pounds
As required
Corrosion control in
closed cooling water
system
Tetraammonia EDTA
35,000 pounds
Every 5 to 8 years
Boiler cleaning
(38%)
Urea (50%)
4165 tons/yr.
Continuous during
NOx control
high ozone months
Sulfuric acid (93%)
Variable
As needed
pH control of ash pond
Sulfuric acid 50%
Variable
As needed
pH control of ash pond
BetzDearborn Dustreat
11,400 pounds -
As required
Coal dust suppression -
DC9136
estimated
chemical
Fyrewash (detergent)
200 gallons
__proprietary
As needed
Combustion turbine
blade washing
Detergents/cleaning
Variable
As needed
Housekeeping
agents
Limestone (Calcium
40,000 tons/yr.
Continuous
Flue Gas
carbonate)
Desulfurization
Polymer (high weight,
3255 lb./yr.
Continuous
Solids removal — FGD
anionic, emulsion -type)
wastewater
Calcium Hydroxide
435 ton/yr
Continuous
Applied to flue gases
(Hydrated Lime
for treatment
Coagulant (Sodium
3060 lb./yr.
Continuous
Solids removal — FGD
Sulphide)
wastewater
Sodium Hydroxide
17600 lb./yr.
Continuous
pH adjustment — FGD
25%
wastewater
Hydrochloric Acid
400 gallons -
Continuous
pH adjustment — FGD
30%
estimated
wastewater
Lime Away
Variable
As needed
Remove scale on UV
light system
Trac 101
11,177 Ib/yr
Continuous
Algae growth inhibitor
for FGD service water
Magnesium Hydroxide
Variable
Continuous
Applied to coal for slag
Page 1
of 3 Rev.
November 2016
Duke Energy Progress, LLC
Asheville Steam Electric Plant
National Pollutant Discharge Elimination System Permit Number NC0000396
control
Calcium Carbonate
355 ton/yr
Continuous
Applied to coal for slag
control
Aluminum Chloride
variable
As required
Water treatment
Hydroxide 25%-50%
processes, TSS control
Alum
Sumachlor 50
As needed
Coagulant for water
treatment filter
PW74AS or
As needed
R.O. Anti-scalant
Hypersperse MCD772
(Organic Polymer)
50% Caustic
Variable for R.O. pH
As needed for pH
R.O. pH adjustment
adjustment
adjustment
and
1000 gallons for
Periodic Typically 4/yr
R.O. cleaning per
for R.O. cleaning
R.O. cleaning
event
Hydrochloric Acid
1000 gallons/event
Periodic Typically 4/yr
R.O. membrane
cleaning
Citric acid
1000 gallons/event
Periodic Typically 4/yr
R.O. membrane
cleaning
Verseen 100
- 12 gallons
Periodic Typically 4/ r
R.O. Cleaning
Hydrogen Peroxide
- 1 gallon
Periodic Typically 2/yr
R.O. Cleaning
35%
Biomate MBC781
- 1 gallon
Variable
2/yr for R.O. cleaning
and at each shut down
for la u .
Bisulfite (sodium
As needed
R.O. layup _
bisulfite
600 allons/event
Defoamer (Nalco
10 gallons
As needed
Used once for foaming
60103)
in absorber tower sum
Alkyl alcohol
Variable
As needed
Freeze conditioning
agent
Propylene Glycol
Variable
As needed
Freeze conditioning
agent
Calcium Chloride Variable As needed
Freeze conditioning
agent
Diethylene glycol Variable As needed Freeze conditioning
agent
Glycerin variable As needed Freeze conditioning
agent
Fertilizer Variable As needed Wetland treatment cell
plant management
Pelletized Lime Variable As needed Wetland treatment cell
plant management
Pol Floc 12 Variable Continuous TSS Control
Pol Clean 7 Variable As needed Organic growth inhibitor
Page 2 of 3 Rev. November 2016
Duke Energy Progress, LLC
Asheville Steam Electric Plant
National Pollutant Discharge Elimination System Permit Number NC0000396
for WWT polymer tank
EcoGreen
Variable
As needed
Dust suppression for
ash stockpile
Nalclear 7738
Variable
Continuous
TSS control in rim ditch
V CI-690
As needed
Corrosion inhibitor
Page 3 of 3 Rev. November 2016
P11N A LCO SAFETY DATA SHEET
An Ecotab Company I NALCLEARO 7768
Section: 1. PRODUCT AND COMPANY IDENTIFICATION
Product name : NALCLEARO 7768
Other means of identification : Not applicable.
Recommended use FLOCCULANT
Restrictions on use Refer to available product literature or ask your local Sales
Representative for restrictions on use and dose limits.
Company Nalco Company
1601 W. Diehl Road
Naperville, Illinois 60563-1198
USA
TEL: (630)305-1000
Emergency telephone (800) 424-9300 (24 Hours) CHEMTREC
number
Issuing date 01/16/2015
Section: 2. HAZARDS IDENTIFICATION
GHS Classification
Eye irritation Category 2B
GHS Label element
Signal Word Warning
Hazard Statements Causes eye irritation.
If swallowed a jelly mass may form which in digestion may cause
blockage.
Precautionary Statements Prevention:
Wash skin thoroughly after handling. Water in contact with the
product will cause slippery floor conditions.
Response:
IF IN EYES: Rinse cautiously with water for several minutes.
Remove contact lenses, if present and easy to do. Continue
rinsing. If eye irritation persists: Get medical advice/ attention. Do
NOT induce vomiting.
Storage:
Mix thoroughly before use. Protect product from freezing.
Other hazards : None known.
Section: 3. COMPOSITION/INFORMATION ON INGREDIENTS
Chemical Name CAS -No. Concentration: (%)
Hydrotreated Light Distillate 64742-47-8 10 - 30
Oxyalkylated alcohol Proprietary 1 - 5
1/10
SAFETY DATA SHEET
NALCLEARO 7768
Section: 4. FIRST AID MEASURES
In case of eye contact
Rinse with plenty of water. Get medical attention if symptoms occur
In case of skin contact
Wash off with soap and plenty of water. Get medical attention if
symptoms occur.
If swallowed
If swallowed, DO NOT induce vomiting. Get medical attention
immediately.
If inhaled
Get medical attention if symptoms occur.
Protection of first-aiders
In event of emergency assess the danger before taking action. Do
not put yourself at risk of injury. If in doubt, contact emergency
responders. Use personal protective equipment as required.
Notes to physician
If swallowed a jelly mass may form which in digestion may cause
blockage. Treat symptomatically.
Most important symptoms
See Section 11 for more detailed information on health effects and
and effects, both acute and
symptoms.
delayed
Section: 5. FIREFIGHTING MEASURES
Suitable extinguishing media
Unsuitable extinguishing
media
Specific hazards during
firefighting
Hazardous combustion
products
Special protective equipment
for firefighters
Use extinguishing measures that are appropriate to local
circumstances and the surrounding environment.
None known.
Not flammable or combustible.
Carbon oxides
Use personal protective equipment.
Specific extinguishing
Fire residues and contaminated fire extinguishing water must
methods
be disposed of in accordance with local regulations. In the
event of fire and/or explosion do not breathe fumes.
Section: 6. ACCIDENTAL RELEASE MEASURES
Personal precautions,
Spills of this product are very slippery. Refer to protective measures
protective equipment and
listed in sections 7 and 8.
emergency procedures
Environmental precautions
Do not allow contact with soil, surface or ground water.
Methods and materials for Stop leak if safe to do so. Contain spillage, and then collect with
containment and cleaning up non-combustible absorbent material, (e.g. sand, earth,
diatomaceous earth, vermiculite) and place in container for disposal
according to local / national regulations (see section 13). Flush away
traces with water. For large spills, dike spilled material or otherwise
contain material to ensure runoff does not reach a waterway.
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SAFETY DATA SHEET
NALCLEARO 7768
Section: 7. HANDLING AND STORAGE
Advice on safe handling
Wash hands thoroughly after handling. Use only with adequate
ventilation. Stir well prior to use.
Conditions for safe storage
Keep out of reach of children. Keep container tightly closed. Store in
suitable labeled containers. Store separately from oxidizers. Protect
product from freezing.
Suitable material
The following compatibility data is suggested based on similar
product data and/or industry experience: Hastelloy C-276, Stainless
Steel 316L, Stainless Steel 304, Plasite 7122, Inconel 625, Plasite
4300, CPVC (rigid), Polypropylene (rigid), Polyethylene (rigid),
PTFE, Fluoroelastomer
Unsuitable material
The following compatibility data is suggested based on similar
product data and/or industry experience: Brass, Neoprene, Buna-N,
Natural rubber, Polyurethane, EPDM, Mild steel, Galvanized metals,
Polyethylene tubing, Chlorosulfonated polyethylene rubber
Section: 8. EXPOSURE CONTROLS/PERSONAL PROTECTION
Components with workplace control parameters
Components
CAS -No.
Form of
Permissible
Basis
exposure
concentration
Hydrotreated Light Distillate
64742-47-8
TWA
500 ppm
OSHA Z1
2,000 m /m3
TWA
200 m /m3
ACGIH
Engineering measures Good general ventilation should be sufficient to control worker
exposure to airborne contaminants.
Personal protective equipment
Eye protection Safety glasses
Hand protection Wear protective gloves.
Gloves should be discarded and replaced if there is any indication of
degradation or chemical breakthrough.
Skin protection Wear suitable protective clothing.
Respiratory protection No personal respiratory protective equipment normally required.
Hygiene measures Handle in accordance with good industrial hygiene and safety
practice. Remove and wash contaminated clothing before re -use.
Wash face, hands and any exposed skin thoroughly after handling.
Section: 9. PHYSICAL AND CHEMICAL PROPERTIES
Appearance Emulsion
Colour off-white
Odour mild
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SAFETY DATA SHEET
NALCLEARO 7768
Flash point > 93.3 °C
Method: ASTM D 93, Pensky-Martens closed cup
pH 6.8, 1 %
Method: ASTM E 70
Odour Threshold
no data available
Melting point/freezing point
FREEZING POINT: -3 °C, ASTM D-97
Initial boiling point and boiling
102 °C Method: ASTM D 86
range
Evaporation rate
no data available
Flammability (solid, gas)
no data available
Upper explosion limit
no data available
Lower explosion limit
no data available
Vapour pressure
no data available
Relative vapour density
no data available
Relative density
1.04 (25 °C) ASTM D-1298
Density
8.55 - 9.05 lb/gal
Water solubility
emulsifiable
Solubility in other solvents
no data available
Partition coefficient: n-
no data available
octanol/water
Auto -ignition temperature
no data available
Thermal decomposition
no data available
temperature
Viscosity, dynamic
200 - 1,700 mPa.s (25 °C)
Method: ASTM D 2983
Viscosity, kinematic 194 mm2/s (25 °C)
VOC : 26.2 %
Section: 10. STABILITY AND REACTIVITY
Chemical stability : Stable under normal conditions
Possibility of hazardous No dangerous reaction known under conditions of normal use.
reactions
Conditions to avoid Freezing temperatures.
Incompatible materials Addition of water results in gelling.
Contact with strong oxidizers (e.g. chlorine, peroxides, chromates,
nitric acid, perchlorate, concentrated oxygen, permanganate) may
generate heat, fires, explosions and/or toxic vapors.
Hazardous decomposition Oxides of carbon
products Oxides of nitrogen
Section: 11. TOXICOLOGICAL INFORMATION
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SAFETY DATA SHEET
NALCLEAR® 7768
Information on likely routes of Inhalation, Eye contact, Skin contact
exposure
Potential Health Effects
Eyes Causes eye irritation.
Skin Health injuries are not known or expected under normal use.
Ingestion Health injuries are not known or expected under normal use.
Inhalation Health injuries are not known or expected under normal use.
Chronic Exposure Health injuries are not known or expected under normal use.
Experience with human exposure
Eye contact
Redness, Irritation
Skin contact
No symptoms known or expected
Ingestion
No symptoms known or expected.
Inhalation
No symptoms known or expected.
Toxicity
Product
Acute oral toxicity
Acute toxicity estimate > 5,000 mg/kg
Acute inhalation toxicity : no data available
Acute dermal toxicity . no data available
Skin corrosion/irritation I: no data available
Serious eye damage/eye Result: Mild eye irritation
irritation
Respiratory or skin no data available
sensitization
Carcinogenicity
IARC No component of this product present at levels greater than or
equal to 0.1 % is identified as probable, possible or confirmed
human carcinogen by [ARC.
OSHA No component of this product present at levels greater than or
equal to 0.1 % is identified as a carcinogen or potential
carcinogen by OSHA.
NTP No component of this product present at levels greater than or
equal to 0.1 % is identified as a known or anticipated carcinogen
by NTP.
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Reproductive effects
no data available
Germ cell mutagenicity
no data available
Teratogenicity
no data available
STOT - single exposure
no data available
STOT - repeated exposure
no data available
Aspiration toxicity
no data available
Components
Acute inhalation toxicity
Oxyalkylated alcohol
LC50 rat: > 50 mg/I
Exposure time: 4 h
Section: 12. ECOLOGICAL INFORMATION
Ecotoxicity
Environmental Effects
Harmful to aquatic life.
Product
Toxicity to fish
LC50 Cyprinodon variegatus (sheepshead minnow): > 1,000
m g/I
Exposure time: 96 hrs
Test substance: 1 % Aqueous Solution of a Similar Product
LC50 Oncorhynchus mykiss (rainbow trout): 8,500 mg/I
Exposure time: 96 hrs
Test substance: 1 % Aqueous Solution of Product
LC50 Inland Silverside: 90.7 mg/I
Exposure time: 96 hrs -
Test substance: Product
LC50 Oncorhynchus mykiss (rainbow trout): 157.5 mg/I
Exposure time: 96 hrs
Test substance: Product
NOEC Cyprinodon variegatus (sheepshead minnow): 1,000
m g/I
Exposure time: 96 hrs
NOEC Oncorhynchus mykiss (rainbow trout): 1,300 mg/I
Exposure time: 96 hrs
Test substance: 1 % Aqueous Solution of Product
NOEC Inland Silverside: 50 mg/I
Exposure time: 96 hrs
Test substance: Product
NOEC Oncorhynchus mykiss (rainbow trout): 62.5 mg/I
Exposure time: 96 hrs
Test substance: Product
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SAFETY DATA SHEET
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Toxicity to daphnia and other : LC50 Daphnia magna (Water flea): 200 mg/I
aquatic invertebrates Exposure time: 48 hrs
Test substance: 1 % Aqueous Solution of Product
LC50 Mysid Shrimp (M. litoralis): 188.9 mg/I
Exposure time: 96 hrs
Test substance: Product
LC50 Mysid Shrimp (Mysidopsis bahia): 67.4 mg/I
Exposure time: 96 hrs
Test substance: Product
LC50 Daphnia magna (Water flea): 400 mg/I
Exposure time: 96 hrs
Test substance: 1 % Aqueous Solution of a Similar Product
LC50 Daphnia magna (Water flea): 0.12 mg/I
Exposure time: 48 hrs
Test substance: Similar Product
LC50 Daphnia magna (Water flea): 0.694 mg/I
Exposure time: 48 hrs
Test substance: Product
NOEC Daphnia magna (Water flea): 130 mg/I
Exposure time: 48 hrs
Test substance: 1 % Aqueous Solution of Product
NOEC Mysid Shrimp (Mysidopsis bahia): 12.5 mg/I
Exposure time: 96 hrs
Test substance: Product
NOEC Daphnia magna (Water flea): 180 mg/I
Exposure time: 96 hrs
Test substance: 1 % Aqueous Solution of a Similar Product
NOEC Daphnia magna (Water flea): 0.065 mg/I
Exposure time: 48 hrs
Test substance: Similar Product
NOEC Daphnia magna (Water flea): 0.313 mg/I
Exposure time: 48 hrs
Test substance: Product
EC50 Daphnia magna (Water flea): 2.0 mg/I
Exposure time: 48 h
Test substance: Tested with 20 mg/L Humic Acid
NOEC Daphnia magna (Water flea): 0.81 mg/I
Exposure time: 48 h
Test substance: Tested with 20 mg/L Humic Acid
Toxicity to algae EC50 Marine Algae (Skeletonema costatum): 23 mg/I
Exposure time: 72 hrs
Test substance: Product
Components
Toxicity to bacteria Hydrotreated Light Distillate
> 1,000 mg/I
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SAFETY DATA SHEET
NALCLEAR® 7768
Persistence and degradability
The organic portion of this preparation is expected to be inherently biodegradable.
Chemical Oxygen Demand (COD): 429,000 mg/I
Biochemical Oxygen Demand (BOD):
Incubation Period Value Test Descriptor
5 d 200,000 mg/1 Product
Mobility
The environmental fate was estimated using a level III fugacity model embedded in the EPI (estimation
program interface) Suite TM, provided by the US EPA. The model assumes a steady state condition
between the total input and output. The level III model does not require equilibrium between the
defined media. The information provided is intended to give the user a general estimate of the
environmental fate of this product under the defined conditions of the models.
If released into the environment this material is expected to distribute to the air, water and
soil/sediment in the approximate respective percentages;
Air 5 - 10%
Water 30 - 50%
Soil 50 - 70%
The portion in water is expected to be soluble or dispersible.
Bioaccumulative potential
This preparation or material is not expected to bioaccumulate.
Other information
no data available
Section: 13. DISPOSAL CONSIDERATIONS
If this product becomes a waste, it is not a hazardous waste as defined by the Resource Conservation
and Recovery Act (RCRA) 40 CFR 261, since it does not have the characteristics of Subpart C, nor is
it listed under Subpart D.
Disposal methods The product should not be allowed to enter drains, water
courses or the soil. Where possible recycling is preferred to
disposal or incineration. If recycling is not practicable, dispose
of in compliance with local regulations. Dispose of wastes in
an approved waste disposal facility.
Disposal considerations Dispose of as unused product. Empty containers should be
taken to an approved waste handling site for recycling or
disposal. Do not re -use empty containers.
Section: 14. TRANSPORT INFORMATION
The shipper/consignor/sender is responsible to ensure that the packaging, labeling, and markings are
in compliance with the selected mode of transport.
Land transport (DOT)
Proper shipping name PRODUCT IS NOT REGULATED DURING
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SAFETY DATA SHEET
NALCLEARO 7768
TRANSPORTATION
Air transport (IATA)
Proper shipping name PRODUCT IS NOT REGULATED DURING
TRANSPORTATION
Sea transport (IMDG/IMO)
Proper shipping name PRODUCT IS NOT REGULATED DURING
TRANSPORTATION
Section: 15. REGULATORY INFORMATION
EPCRA - Emergency Planning and Community Right -to -Know Act
CERCLA Reportable Quantity
This material does not contain any components with a CERCLA RQ.
SARA 304 Extremely Hazardous Substances Reportable Quantity
This material does not contain any components with a section 304 EHS RQ
SARA 311/312 Hazards : Acute Health Hazard
SARA 302 No chemicals in this material are subject to the reporting requirements
of SARA Title III, Section 302.
SARA 313 This material does not contain any chemical components with known
CAS numbers that exceed the threshold (De Minimis) reporting levels
established by SARA Title III, Section 313.
California Prop 65
This product does not contain any chemicals known to State of California to cause cancer, birth
defects, or any other reproductive harm.
INTERNATIONAL CHEMICAL CONTROL LAWS
TOXIC SUBSTANCES CONTROL ACT (TSCA)
The substances in this preparation are included on or exempted from the TSCA 8(b) Inventory (40
CFR 710)
CANADIAN ENVIRONMENTAL PROTECTION ACT (CEPA)
The substance(s) in this preparation are included in or exempted from the Domestic Substance List
(DSL).
AUSTRALIA
All substances in this product comply with the National Industrial Chemicals Notification & Assessment
Scheme (NICNAS).
CHINA
All substances in this product comply with the Provisions on the Environmental Administration of New
Chemical Substances and are listed on or exempt from the Inventory of Existing Chemical Substances
China (IECSC).
EUROPE
The substances in this preparation have been reviewed for compliance with the EINECS or ELINCS
inventories.
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SAFETY DATA SHEET
NALCLEAR® 7768
JAPAN
All substances in this product comply with the Law Regulating the Manufacture and Importation Of
Chemical Substances and are listed on the Existing and New Chemical Substances list (ENCS).
KOREA
All substances in this product comply with the Toxic Chemical Control Law (TCCL) and are listed on
the Existing Chemicals List (ECL)
NEW ZEALAND
All substances in this product comply with the Hazardous Substances and New Organisms (HSNO)
Act 1996,and are listed on or are exempt from the New Zealand Inventory of Chemicals.
PHILIPPINES
All substances in this product comply with the Republic Act 6969 (RA 6969) and are listed on the
Philippines Inventory of Chemicals & Chemical Substances (PICCS).
I Section: 16. OTHER INFORMATION I
NFPA:
Flammability
r
Special hazard.
Revision Date
Version Number
Prepared By
HMIS III:
HEALTH
1
aFLAMMABILITY
1
PHYSICAL HAZARD 0
0 = not significant, 1 =Slight,
2 = Moderate, 3 = High
4 = Extreme, * = Chronic
01/16/2015
1.0
Regulatory Affairs
REVISED INFORMATION: Significant changes to regulatory or health information for this revision
is indicated by a bar in the left-hand margin of the SDS.
The information provided in this Safety Data Sheet is correct to the best of our knowledge,
information and belief at the date of its publication. The information given is designed only as a
guidance for safe handling, use, processing, storage, transportation, disposal and release and is
not to be considered a warranty or quality specification. The information relates only to the specific
material designated and may not be valid for such material used in combination with any other
materials or in any process, unless specified in the text.
For additional copies of an MSDS visit www.nalco.com and request access.
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