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HomeMy WebLinkAboutNC0000396_Draft Permit_20240709 a;STATE' ROY COOPER g _ -` , GovernorSt e ELIZABETH S.BISER „ ;,.its;stl , ' Secretary a*Iawe . RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality July 9,2024 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 Subject: Draft NPDES Permit Permit NC0000396 Asheville Combined Cycle Plant Buncombe 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: • Outfall OOIA and Outfall 001C have been removed from the permit due to the rerouting of the waste streams. • Outfall 004A and Outfall 005 have been removed from the permit due to the demolition of the old coal-fired plant. • Outfall 101 has been removed from the permit due to the decommissioning of ash ponds. • Applicable State Law special condition has been removed from the permit since all coal ash has been excavated from ash ponds. • Structural Integrity Inspections of Ash Pond Dam special condition was removed from the permit since all coal ash has been excavated from ash ponds and dams were breached. • Fish Tissue Monitoring special condition has been removed from the permit since all coal ash has been excavated from ash ponds and based on the data review. • Instream Monitoring special condition has been removed from the permit since all coal ash has been excavated from ash ponds and based on the data review. • Thermal Variance special condition has been removed from the permit since it is no longer applicable. • Monitoring for Arsenic, Beryllium, Chromium, Copper, Lead, Ni, Selenium, Silver, Zinc, and Cadmium has been removed from the permit (Outfall 001) based on the results of the Reasonable Potential Analysis. 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 oN.Z 919.707.9000 • Limits and Monitoring for Mercury have been removed from the permit(Outfall 001) based on the results of the Reasonable Potential Analysis. • Monitoring for Bromide, Fluoride, and TDS has been removed from the permit (Outfall 001) since the facility has been converted to natural gas and coal ash has been excavated from ash ponds. • Monitoring Frequency for Turbidity, Hardness,TN,TP, and Whole Effluent Toxicity (Outfall 001) has been reduced to Quarterly based on the data review. • Instream Waste Concentration for the Whole Effluent Toxicity Test was reduced to 0.4%based on the updated flow volume. • Monitoring for Chromium and Copper has been removed from the permit (Outfall 002) based on the data review. Please provide any comments you have regarding the draft permit to this office by August 16,2024. At this time, the Division is also publishing a notice in the newspapers of general circulation in Buncombe County,inviting public comment on the draft permit. Following the 30- day comment period,we will review all pertinent comments received and take appropriate action on the permit renewal. 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/2BZ4x2oc If you have any questions about the NPDES permit process,please contact me at the following e- mail address: sergei.chernikov@deq.nc.gov.gov,or telephone number: 919-707-3606. Sincerely, Sergei Chernikov,Ph.D. Environmental Engineer III Complex NPDES Permitting Unit cc: NPDES Files EPA Region IV (e-copy) Asheville Regional Office /Surface Water Protection (e-copy) Aquatic Toxicology Unit(e-copy) TACU (e-copy) Carolina rt of im Quality Divis D E �� 512North North SalisburyDepa Stmentreet 11611Envron Mail Service CenterI I Raleigionh of NorthWater CarolinaResources 699-1611 27 �\ 919.707.9000 Permit NC0000396 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 Environmental Management 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 Asheville Combined Cycle Plant 46 Duke Energy Lane Arden, North Carolina Buncombe County to receiving waters designated as the French Broad River, UT to French Broad River and Lake Julian in the French Broad River Basin in accordance with effluent limitations,monitoring requirements, and other applicable conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on Signed this day Douglass Dowden Environmental Program Supervisor II Industrial Permitting Unit By Authority of the Environmental Management Commission Page 1 of 9 Permit NC0000396 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 operate the following systems located at Asheville Combined Cycle Plant, 46 Duke Energy Lane, Arden, Buncombe County: • Cooling tower blowdown (Outfall 001). Outfall 001 discharges directly to the French Broad River. It consists of cooling tower blowdown(50-75%of the flow), with remaining volumes coming from 1964 ash pond underdrains, reverse osmosis discharge, and stormwater coming from fuel unloading containments processed through an oil water separator. • Evaporative system discharge (Outfall 002). This seasonal waste stream combined with stormwater is discharged to a settling pond and then directly to Lake Julian via Outfall 002, and 2. Discharge from said treatment works and/or outfalls at the locations specified on the attached map into the French Broad River(via Outfall 001) and Lake Julian(via Outfall 002) classified as B waters (French Broad River) and C waters (Lake Julian) in the French Broad River Basin. Page 2 of 9 Permit NC0000396 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 from Outfall 001 (Cooling tower blowdown). Such discharges shall be limited and monitored2 by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location' Flow,MGD No limit No limit Weekly Pump logs Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 50.0 mg/L Weekly Grab Effluent pH 6.0<'3H<9.0 Weekly Grab Effluent Hardness—Total as[CaCO3],mg/L Quarterly Grab Effluent Total Nitrogen(NO2+NO3+TKN), Quarterly Effluent Grab mg/L Total Phosphorus,mg/L Quarterly Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent Turbidity',NTU Quarterly Grab Effluent Temperature,°C Monthly Grab Instream5 Notes: 1. Sample locations: Effluent. 2. Please see Special Condition A. (6.). 3. Chronic Toxicity Limit(Ceriodaphnia dubia) at 0.4%; See Special Condition A. (3.). 4. 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. Therefore, if the effluent measurement exceeds 50 NTU, the Permittee shall sample upstream and downstream turbidity in the receiving waterbody, within 24 hours,to demonstrate the existing turbidity level in the receiving waterbody was not increased. All data shall be reported on the DMRs. (See 15A NCAC 2B .0211 (21)). 5. The facility shall not exceed the instream water temperature of 29°C at the location approximately 41 meters downstream of Outfall 001 and at the location approximately 8 meters from Outfall on the transect across the river. The facility shall not exceed 2.8 °C rise above the background temperature, the difference will be determined between a location upstream of Outfall 001 and the downstream location 41 meters downstream of Outfall 001. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid. Page 3 of 9 Permit NC0000396 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002) [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 from Outfall 002 (Evaporative System Discharge). Such discharges shall be limited and monitored2 by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Maximum Measurement Sample Sample Average Frequency Type Location' Flow,MGD No limit No limit Monthly Pump Logs Effluent Temperature 44.4°C Quarterly Recorder Effluent pH 6.0<pH<9.0 Weekly Grab Effluent Notes: 1. Sample locations: Effluent. 2. Please see Special Condition A. (6.). There shall be no chromium, zinc, or copper added to the discharge except as pre-approved additives to biocidal compounds. There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (3.) CHRONIC TOXICITY PERMIT LIMIT (Outfall 001) [1 5A 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 0.4 %. 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 March, June, September, December. 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 Page 4 of 9 Permit NC0000396 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.ATBAdeq.nc.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, 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 quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third 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. (4.) 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 Asheville represents BTA (Best Technology Available) for meeting the impingement and entrainment requirements of the Rule. The permittee shall submit the Page 5 of 9 Permit NC0000396 appropriate study reports with the renewal application for this permit. 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. (5.) TOXICITY RE-OPENER CONDITION [NCGS 143-215.1(b)] This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. A. (6.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 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.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)I 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 DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Page 6 of 9 Permit NC0000396 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: • 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: http://www2.epa.gov/compliance/final- national-pollutant-di scharge-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 Page 7 of 9 Permit NC0000396 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/edn1 r 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 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: "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 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.)1 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]. Page 8 of 9 Permit NC0000396 A. (7.) ADDITIONAL CONDITIONS AND DEFINITIONS [NCGS 143-215.3 (a) (2) and NCGS 143-215.66] 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(EPA Method 1631 E). 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 mean 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 means 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 means 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. Nothing contained in this permit shall be construed as a waiver by the permittee of any right to a hearing it may have pursuant to State or Federal laws and regulations. A. (8.) 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 of Water Resources. 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 containing toxicity testing. Division approval is not necessary for the introduction of new biocides into outfalls currently tested for whole effluent toxicity. A. (9.) 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. The compliance boundary map for this facility is incorporated herein and attached hereto as Attachment A. Page 9 of 9 .. 1 t L/ `..-/i I •' --i • L.•f_.. n Z ii \ \6---.--- .------ 2 .-11. ------'7.--7-\)\__?), -- .. . \\ C -,1,?.. ,.. \--:, 1 c )) , ‘,\\\ ..J./N.1...ft ,i ,,‘ if?„. , (____„, iii , , ,,,--- , ____ • I. , , .. :-. ' d \ ) ',rk 141 ._ „ ,�. �\ /f- f `/�%, -^�_ !" HIV: ii r; . I I �ers• F�i:'rw• • Ly p \ �' t•. :--,.-------_ 1 _ �`` 00 5,ice- _ 1---:-..._____ ' h VW, P.,‘V i . I. /, �'�� 1•-� i(4),---. ,.. •,.. , ;r_ __________ 3 . ,..... .._ , ) 00 \.. ,.. " .., , ,• , 1 _0_4 ; ....... f * ��� .,..i. r , ,,,,_,, iiiir.,,,,. 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''''°0 . ti • ) / ,/-, cr ,, 0 ...) ,...... ,,,, \ ,,.,, ,_, ...._ ,.. ‘.., t. 0 , , , , ,_,, , 3527 ----\, eek �, ,c —' E8 i• s • - t ',\ .\':S---\,'6. r d ' \ ---- -\ -' ‘`--- •••• / % 1 t r-y-_,--;--,-- ---\( .''j\ ._ ,,,N 141'4); Outfall 001, Subbasin: 04-03-02 Latitude:35°28'03" Facility y -____..* Receiving Stream: French Broad River, Class B Location Outfall 002, Subbasin: 04-03-02 Latitude: 35°28'10" Longitude:82°32'20" Receiving Stream:Lake Julian, Class C NC0000396 -Asheville Steam Electric Gen. Plant Buncombe County