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HomeMy WebLinkAboutNC0001422_Draft Permit_20221206ROY COOPER Governor ELIZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality Ms. Jessica Bednarcik, Senior Vice President Environmental, Health and Safety Duke Energy Carolinas, LLC Mail Code EC13K P.O. Box 1006 Charlotte, North Carolina 28201-1006 December 06, 2022 Subject: Draft NPDES Permit Permit NC0001422 L.V. Sutton Energy Complex New Hanover County Facility Class I Dear Ms. Bednarcik: Enclosed with this letter is a copy of the draft Permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft Permit contains the following significant changes from your current permit: • Limits for Total Arsenic, Total Selenium, and Total Nickel have been removed from the permit based on the results of the Reasonable Potential Analysis (Outfall 001). • The monitoring frequency for the Total Mercury, Total Arsenic, Total Lead, Total Selenium, Total Cadmium, Total Aluminum, Total Copper, Total Nickel, Total Zinc, Turbidity, and Hardness was reduced from Weekly to Monthly based on the results of the Reasonable Potential Analysis (Outfall 001). • Monitoring for Total Iron has been removed from the permit since the water quality standard for Iron has been eliminated in 2015. • Limits for Total Arsenic and Total Nickel have been removed from the permit based on the results of the Reasonable Potential Analysis (Outfall 008). • The Section A. (19.) entitled Ash Settling Basin was removed from the permit since wastewater is no longer discharged to the Ash Basin. • The Special Condition A. (13) entitled Clean Water Act Section 316(b) was updated based on the approval of the 316(b) report. • Fish tissue monitoring frequency has been reduced to twice per permit cycle (5 years) from annually based on the review of the fish tissue data. N('FTH C4ROt MAD Q 0OfoolfooaA a Onotr0000sWailaia North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 Please provide any comments you have regarding the draft permit to this office by January 23, 2023. At this time, the Division is also publishing a notice in the newspapers of general circulation in New Hanover County, inviting public comment on the draft major modification. Following the 30-day comment period, we will review all pertinent comments received and take appropriate action on the permit modification. The NPDES Standard Conditions (Parts II, III, and IV) are not included with this draft. They can be found at the following link if you would like to review them in conjunction with this draft permit. https: / /bit.ly/2BZ4xxx If you have any questions about the NPDES permit process, please contact me at the following e- mail address: sergei.chernikov(a%ncdenr.gov, or telephone number: 919-707-3606. Sergei Chernikov, Ph.D. Environmental Engineer III Complex NPDES Permitting Unit cc: NPDES Files EPA Region IV (e-copy) Wilmington Regional Office / Surface Water Protection (e-copy) Aquatic Toxicology Unit (e-copy) TACU (e-copy) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707,9000 Permit NC0001422 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES Draft PERMIT TO DISCHARGE WASTEWATER 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 Water Quality Commission, and the Federal Water Pollution Control Act, as amended, Duke Energy Progress, LLC is hereby authorized to discharge wastewater from a facility located at the L. V. Sutton Energy Complex 801 Sutton Steam Plant Road, Wilmington New Hanover County to receiving waters designated as the Cape Fear River and Sutton Lake in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, compliance boundary map, and other applicable conditions set forth in Parts I, II, and III. This permit modification shall become effective This permit and the authorization to discharge shall expire at midnight on Signed this day Richard E. Rogers Jr., Director Division of Water Resources By the Authority of the Environmental Management Commission Page 1 of 19 Permit NC0001422 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Duke Energy Progress, LLC is hereby authorized to: 1. Continue to discharge cooling water, low volume wastes, and stormwater to the Effluent Channel, wastewater flows associated from the excavation of the lay of land area (LOLA), and internal stormwater outfalls SW001, SW002, SW003, SW004, SW005, SW006, and SW007 to the Effluent Channel (the Effluent Channel discharges via external Outfall 008 to the Sutton Lake); ash pond discharge, groundwater, treated wastewater, landfill leachate, and stormwater runoff (Outfall 001); Outfall 001 may also include cooling water from Outfall 008; at a facility located at Sutton Steam Electric Plant, 801 Sutton Steam Plant Road, Wilmington, New Hanover County, and 2. Discharge wastewater (via Outfall 008) at the locations specified on the attached map into the Sutton Lake which is classified C-Swamp waters in the Cape Fear River Basin. 3. Discharge non -contact stormwater (via Outfall 010 - North Pond Emergency Spillway and Outfall 011 - South Pond Emergency Spillway) from landfill (after landfill is capped) at the locations specified on the attached map into the Sutton Lake which is classified C-Swamp waters in the Cape Fear River Basin. Discharge is only allowed for storm events that exceeds 25-year 24-hour storm events. 4. Discharge treated wastewater, ash pond discharge, stormwater, landfill leachate, and groundwater (via Outfall 001) at the location specified on the attached map into the Cape Fear River, classified C-Swamp waters in the Cape Fear River Basin. Page 2 of 19 Permit NC0001422 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated industrial wastewater to the Cape Fear River from Outfall 001 (recirculation cooling water and non -contact cooling water). Such discharges shall be limited and monitored6 by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow, MGD Daily Estimate or pump logs Effluent Temperature", °C Quarterly Grab U, D Temperature2, 0C Daily Grab Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Weekly Grab Effluent Total Suspended Solids, mg/ L 30.0 mg/L 100.0 mg/L Weekly Grab Effluent Total Nitrogen (NO2 + NO3 + TKN), mg/L Weekly Grab Effluent Total Phosphorus, mg/L Monthly Grab Effluent Dissolved Oxygen, mg/L Weekly Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent Total Mercury-, ng/L1 Monthly Grab Effluent Total Arsenic, µg/ L Monthly Grab Effluent Total Selenium, µg/ L Monthly Grab Effluent Total Lead, µg /L Monthly Grab Effluent Total Cadmium, µg/L Monthly Grab Effluent Total Aluminum, mg/L Monthly Grab Effluent Total Copper Monthly Grab Effluent Total Nickel, µg/L Monthly Grab Effluent Total Zinc, pg/L Monthly Grab Effluent Turbidity, NTU5 Monthly Grab Effluent Total Hardness, mg/L Monthly Grab Effluent Notes: 1. U: Upstream, 2700 feet above outfall (intake structure on the Cape Fear River). D: Downstream, 1.25 miles below outfall. Instream monitoring is provisionally waived in light of the permittee's participation in the Lower Cape Fear River Basin Association. Instream monitoring shall be conducted as stated in this permit should the permittee end its participation in the Association. 2. The receiving water's temperature shall not be increased by more than 2.8°C above ambient water temperature and in no case exceed 32°C, except in the mixing zone described as follows: Extending from the eastern shore to the centerline of the river and extending not more than 1.25 miles downstream nor more than 2700 feet from the point of discharge. The cross -sectional area of the mixing zone shall not exceed 9% of the total cross sectional area of the river at the point of discharge nor 2.5% at the mouth of Toomer's Creek. 3. Chronic Toxicity Limit (Ceriodaphnia at 22%); see A. (15.). 4. The facility shall use EPA method 1631E. 5. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. Page 3 of 19 Permit NC0001422 6. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See A. (17.). Page 4 of 19 Permit NC0001422 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 008) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated industrial wastewater to Sutton Lake from Outfall 008 (wastewater from combined cycle unit, simple cycle unit, and internal stormwater outfalls SW001 through SW007). Such discharges shall be limited and monitored5 by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow, MGD Daily Estimate or pump logs Effluent Temperature OC Daily Instantaneous Effluent Temperature2 43°C Daily Grab Downstream Oil and Grease 15.0 mg/L 20.0 mg/L Monthly Grab Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L Monthly Grab Effluent Total Nitrogen (NO2 + NO3 + TKN), mg/L Monthly Grab Effluent Dissolved Oxygen, mg/L Monthly Grab Effluent pH > 6.0 and < 9.0 standard units Daily Grab Effluent Total Phosphorus, mg/L Monthly Grab Effluent Acute Toxicity3 Quarterly Grab Effluent Total Mercury', ng/L Quarterly Grab Effluent Total Arsenic 10.0 ug/L 50.0 ug/L Quarterly Grab Effluent Total Selenium, µg/ L Quarterly Grab Effluent Total Copper, µg/L Quarterly Grab Effluent Total Zinc, µg/ L Quarterly Grab Effluent Notes: 1. Downstream: 1000 feet from outfall. 2. The downstream temperature limit has been established in accordance with the biological study. 3. Acute Toxicity Limit (Fathead Minnow, 24-hour at 90%); see A. (5.). 4. The facility shall use EPA method 1631E. 5. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See A. (17.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Based upon studies conducted by the permittee and submitted to the Division, it has been determined pursuant to Section 316(a) of the Clean Water Act that the thermal component of the discharge assures the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife in the receiving water. Page 5 of 19 Permit NC0001422 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 010) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge non -contact stormwater from Outfall 010 - the North Pond Emergency Spillway of the capped landfill. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow, MGD Per discharge event Estimate Effluent pH > 6.0 and < 9.0 standard units Per discharge event Grab Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Per discharge event Grab Effluent TSS 30.0 mg/L 100.0 mg/L Per discharge event Grab Effluent Notes: 1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See A. (17.). Discharge is only allowed for storm events that exceeds 25-year 24-hour storm events. A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 011) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge non -contact stormwater from Outfall 011 - the South Pond Emergency Spillway of the capped landfill. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow, MGD Per discharge event Estimate Effluent pH > 6.0 and < 9.0 standard units Per discharge event Grab Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Per discharge event Grab Effluent TSS 30.0 mg/L 100.0 mg/L Per discharge event Grab Effluent Notes: 1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See A. (17.). Discharge is only allowed for storm events that exceeds 25-year 24-hour storm events. Page 6 of 19 Permit NC0001422 A. (5.) ACUTE TOXICITY LIMIT (QUARTERLY): OUTFALL 008 [15A NCAC 02B .0200 et seq.] The Permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration" (Revised -December 2010 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The tests will be performed during the months of February, May, August, and November. These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. The parameter code for Pimephales promelas is TGE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWR Form AT-2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Or, results can be sent to the email: ATForms.ATB(i)ncdenr.gov. Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during any month, the Permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the Permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving Page 7 of 19 Permit NC0001422 stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (6.) STRUCTURAL INTEGRITY INSPECTIONS OF ASH POND DAMS [15A NCAC 02K.0208] The facility shall meet the dam design and dam safety requirements per 15A NCAC 2K. A. (7.) BEST MANAGEMENT PRACTICES PLAN [NCGS 143-215.3 (a) (2) and NCGS 143-215.66] The Permittee shall continue to implement a Best Management Practices (BMP) Plan to control the discharge of oils and the hazardous and toxic substances listed in 40 CFR, Part 117 and Tables II and III of Appendix D to 40 CFR, Part 122, and shall maintain the Plan at the plant site and shall be available for inspection by EPA and DWR personnel. A. (8.) INTAKE SCREEN BACKWASH [15A NCAC 02H.0106] Continued intake screen backwash discharge is permitted without limitations or monitoring requirements. A. (9.) NO DISCHARGE OF PCBs [40 CFR 423.13 (a)] As specified by 40 CFR 423.13 (a), there shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid. A. (10.) BIOCIDE CONDITION [NCGS 143-215.1] The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those outfalls with toxicity testing requirements. Division approval is not necessary for the introduction of new biocides into outfalls currently tested for whole effluent toxicity. A. (11.)FISH TISSUE MONITORING OUTFALL 001 [NCGS 143-215.3 (a) (2)] The facility shall conduct fish tissue monitoring at two locations (Sutton Lake and Cape Fear River) twice during the permit cycle (5 years) and submit the results with the NPDES permit Page 8 of 19 Permit NC0001422 renewal application. The objective of this monitoring is to evaluate potential uptake of pollutants by fish tissue near the ash pond discharge. The parameters analyzed in fish tissue shall be arsenic, selenium, and mercury. The monitoring shall be conducted in accordance with the sampling plan approved by the Division. The plan should be submitted to the Division within 180 days from the effective date of the permit. Upon approval, the plan becomes an enforceable part of the permit. Copies of all the study plans, study results, and any other applicable materials should be submitted to: 1) Electronic Version Only (pdf and CD) NC Division of Water Resources / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 2) Electronic Version (pdf and CD) and Hard Copy NC Division of Water Resources / Water Sciences Section 1621 Mail Service Center Raleigh, NC 27699-1621 A. (12.)CLEAN WATER ACT SECTION 316 (a) THERMAL VARIANCE [40 CFR 125, Subpart H] Unless this permit administratively continued, the thermal variance granted under Section 316(a) terminates on expiration of this NPDES permit. Should the permittee wish a continuation of its 316(a) thermal variance beyond the term of this permit, reapplication for such continuation shall be submitted in accordance with 40 CFR Part 125, Subpart H and Section 122.21(m) (6) not later than 180 days prior to permit expiration. Reapplication shall include a basis for continuation such as a) plant operating conditions and load factors are unchanged and are expected to remain so for the term of the reissued permit; b) there are no changes to plant discharges or other discharges in the plant site area which could interact with the thermal discharges; and c) there are no changes to the biotic community of the receiving water body which would impact the previous variance determination. The next 316(a) studies shall be performed in accordance with the Division of Water Resources approved plan. The temperature analysis and the balanced and indigenous study plan shall conform to the specifications outlined in 40 CFR 125 Subpart H, the EPA's Draft 316(a) Guidance Manual, dated 1977, and the Region 4 letter to NCDENR, dated June 3, 2010. EPA shall be provided an opportunity to review the plan prior to the commencement of the study. Copies of all the study plans, study results, and any other applicable materials should be submitted to: 1) Electronic Version Only (pdf and thumb drive) Division of Water Resources WQ Permitting Section - NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 2) Electronic Version (pdf and thumb drive) and Hard Copy Division of Water Resources Water Sciences Section 1621 Mail Service Center Raleigh, NC 27699-1621 Page 9 of 19 Permit NC0001422 A. (13.)CLEAN WATER ACT SECTION 316(b) [40 CFR 125.95] Based on evaluation of the 316(b) study reports, the Department concludes that the existing configuration at Sutton represents BTA (Best Technology Available) for meeting the impingement requirements of the Rule. The permittee shall continue to comply with the Cooling Water Intake Structure Rule per 40 CFR 125.95. Nothing in this permit authorizes take for the purposes of a facility's compliance with the Endangered Species Act. A. (14.)LOWER CAPE FEAR MODELING NCGS 143-215.1 (a) (2) The permittee may elect to conduct a water quality model of the dilution factor for Outfall 001. Contingent upon EPA approval of the Lower Cape Fear Modeling and its results, the Reasonable Potential Analysis will be conducted again and the permit limits will be based on the new flow numbers established by the model. A. (15.) CHRONIC TOXICITY LIMIT (QUARTERLY) — OUTFALL 001 [15A NCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 9.0 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. The tests will be performed during the months of February, May, August, and November. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any month results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Or, results can be sent to the email: ATForms.ATB a,ncdenr.gov. Page 10 of 19 Permit NC0001422 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (16.)INSTREAM MONITORING [15A NCAC 02B.0500 ET SEQ.] The facility shall conduct semi-annual instream monitoring at three locations: ➢ intake structure on the Cape Fear River (approximately 3 miles upstream) ➢ 2.6 miles downstream of Outfall 001 ➢ At Bay 8 of Sutton Lake Sampling will be conducted for the following parameters: Total Arsenic [µg/L] Total Selenium [pg/L] Dissolved Cadmium [ig/L] Total Chromium [µg/L] Chlorides [mg/L] Dissolved Lead [µg/L] Total Mercury (method 1631E) [ng/L] Dissolved Copper [µg/L] Dissolved Zinc [µg/L] Total Hardness (as CaCO3) [mg/L] For the purpose of this requirement, semi-annual means that samples are collected twice per year with at least 120 calendar days between sampling events. The monitoring results shall be reported on the facility's Discharge Monitoring Reports and included with the NPDES permit renewal application. Instream monitoring is provisionally waived considering the permittee's participation in the Lower Cape Fear River Basin Association, provided the Association agrees to Page 11 of 19 Permit NC0001422 sample for all the parameters listed in this condition and at the specified locations. Instream monitoring shall be conducted as stated in this permit should the permittee end its participation in the Association. A. (17.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements (Supersedes Section D. (2.) and Section E. (5.) (a)l The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. 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 following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2025, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Page 12 of 19 Permit NC0001422 • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: https:/ /www.federalregister.gov/documents/2015/ 10/22/2015-24954/national- pollutant-discharge-elimination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http: / / deq.nc.gov/about/divisions /water-resources/edmr Page 13 of 19 Permit NC0001422 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) Id)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: //deq.nc.gov/ about/ divisions /water -resources / edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 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 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 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." 5. Records Retention [Supplements Section D. (6.)l The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. A. (18.)APPLICABLE STATE LAW (STATE ENFORCEABLE ONLY) [NCGS 143-215.1(b)] This facility shall meet the requirements of Senate Bill 729 (Coal Ash Management Act). This permit may be reopened to include new requirements imposed by Senate Bill 729. A. (19.) STORMWATER POLLUTION PREVENTION PLAN [40 CFR 122.26 (a) (ii)] 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. 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: Page 14 of 19 Permit NC0001422 (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. (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 II, Standard Conditions, Section B, Paragraph 11. 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, Page 15 of 19 Permit NC0001422 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 liquid 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. 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 General 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. 3. 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. Page 16 of 19 Permit NC0001422 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: (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) . 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: Page 17 of 19 Permit NC0001422 (a) an updated list of significant spills 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 stormwater sample analytical data to any applicable limits or benchmark values (if applicable) over the past year. 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 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. A. (20.) ADDITIONAL CONDITIONS AND DEFINITIONS [NCGS 143-215.1(b)] 1. EPA methods 200.7 or 200.8 (or the most current versions) shall be used for analyses of all metals except for total mercury [40 CFR 136; NCGS 143-215.63]. 2. All effluent samples for all external outfalls shall be taken at the most accessible location after the final treatment but prior to discharge to waters of the U.S. (40 CFR 122.41(j)). 3. The term low volume waste sources refers to wastewater from all sources except those for which specific limitations are otherwise established in this part (40 CFR 423.11 (b)). 4. The term chemical metal cleaning waste refers to any wastewater resulting from cleaning any metal process equipment with chemical compounds, including, but not limited to, boiler tube cleaning (40 CFR 423.11 (c)). 5. The term metal cleaning waste refers to any wastewater resulting from cleaning [with or without chemical cleaning compounds] any metal process equipment including, but not limited to, boiler tube cleaning, boiler fireside cleaning, and air preheater cleaning (40 CFR 423.11 (d)). 6. For all outfalls where the flow measurement is to be "estimated" the estimate can be done by using calibrated V-notch weir, stop -watch and graduated cylinder, or other method approved by the Division [40 CFR 122.43]. 7. During normal operations removing of the free water above the settled wet ash layer shall not involve mechanical disturbance of the ash [40 CFR 122.43]. Page 18 of 19 Permit NC0001422 A. (21.) COMPLIANCE BOUNDARY [15A NCAC 02L.0107] The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC 02L.0107(a) or (b) dependent upon the date permitted. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L.0106 (c), (d), or (e) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Page 19 of 19 Duke Energy Progress, LLC. L.V. Sutton Energy Complex o NPDES Outfalls 0 Stormwater release NPDES Permit NC00001422 2022 Permit Application 1000 0 1000 2000 3000 Outfall 010 Sutton ash Landfill Effluent —Channel to Cooling Pond Swo07 k/(approx.) SW005 South Wet Detention Basin (comingled with Condenser Cooling Water Release) Attachment 2- Site Map L. V. Sutton Energy Complex New Hanover County