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HomeMy WebLinkAboutNC0038377_Withdrawal of letter 2014_20140930(� DUKE ENERGY September 30, 2014 Mr. Jeff Poupart Water Quality Permitting Section Chief N.C. Department of Environment and Natural Resources 1611 Mail Service Center Raleigh, NC 27699 -1611 RECEIVEDIDENRiDIAIC OCT t; ? 71114 Water Quality Permittinq Sect; Via email and UPS Re: Withdrawal of August 28, 2014 Operating Condition Clarification Letter Dear Mr. Poupart: This is to acknowledge receipt of your letter of September 19, 2014, withdrawing the previous letter of clarification of August 28, 2014. The letter of August 28, 2014, arose out of several shared concerns between Duke Energy and DENR. These included the efficient and safe operation of ash basins, particularly those that were inactive, and an understanding of how Duke Energy will move towards the closure of ash basins at former coal -fired plants currently undergoing decommissioning. In order to excavate ash from the ash basins (which Duke Energy has now been directed to do by an act of the North Carolina General Assembly), and to expedite necessary inspections and repairs, Duke Energy must first remove free - standing water. Given that this water had already undergone treatment, DENR clarified that the Company's NPDES permits authorized the decanting of free - standing water above the ash level so long as the removal did not cause exceedances of permit limits. Duke Energy notes that the amount of free - standing water that would be removed from these inactive basins would be well within the amount of treated water that the NPDES permits allow to be discharged on a daily basis. Before issuing the letter of August 28, 2014, DENR indicated on a number of occasions that the movement of free - standing water from inactive basins was permissible under the NPDES permits (so long as effluent limits were met), an interpretation with which Duke Energy agreed. The letter of August 28, 2014, thus did not constitute a departure from prior DENR practice nor was it a "new" interpretation, and we understood that it was simply a written confirmation of what DENR believed its permits allowed. Your letter of September 19, 2014, alters this position. Based upon the letter that we received from Mr. Mark J. Nuhfer, the Chief of Municipal and Industrial NPDES Section of Region IV of the Environmental Protection Agency, we understand that this RECEIVEDIDENRVAIR Mr. Jeff Poupart September 30, 2014 OCT 0 3 2014 Page 2 water Quality Permittinq Sectinr departure comes at the request and direction of EPA for the purpose of addressing its concerns. Duke Energy will, of course, abide by this change. However, for the reasons set forth below, we believe that it is imperative for DENR, EPA and Duke Energy to meet to discuss and resolve the decanting of inactive basins as soon as possible so that closure and other essential maintenance, inspection and repair work may proceed expeditiously. Duke Energy appreciates the acknowledgement in Mr. Nuhfer's letter that expediting closure of inactive ash basins is a "worthy goal." Removing free - standing water from inactive basins will expedite Duke Energy's ability to perform any maintenance work needed to ensure basins continue to perform safely and reliably until closure, such as slip - sleeving or permanently closing pipes. Finally, Duke Energy has been directed by the General Assembly of North Carolina to remove ash from the basins at Riverbend, Asheville, Sutton and Dan River within sixty months. Requiring free - standing water to remain in these basins will not only delay the process for drying out the ash that is necessary before any excavation may occur, but as a practical matter could make meeting this deadline impossible. Unfortunately, withdrawal of DENR's letter has caused uncertainty surrounding regulatory requirements for moving forward with essential steps related to both closure and continued safe operations. Duke Energy is concerned that imposing a formal permitting process on the movement of free - standing water will substantially delay taking action on these matters. As such we suggest discussions take place between EPA, DENR and Duke Energy as soon as possible with a goal of identifying the regulatory framework that will allow this work to move forward. Duke Energy knows that DENR understands and appreciates the issues noted above. Duke Energy is committed to working with DENR and EPA to take the necessary engineering, scientific and environmentally sound steps to address ash basins and comply with the mandates of the elected officials of North Carolina. Sincerely, i arry K. Sideris Senior Vice President Environmental, Health & Safety cc: Donald R. van der Vaart, DENR Thomas A. Reeder, DENR John Evans, Esp. General Counsel Mr. Jeff Poupart September 30, 2014 Page 3