WQ0010690_Final Permit_20061129

0� 1N A r, �q Michael F. Easley, Governor
William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
is � Alan W. Klimek, P.E., Director
Division of Water Quality
November 29, 2006
MR. TONY LEOPARD, REGIONAL PLANT MANAGER
SUEZ ENERGY BioPOWER, INC.
302 DUKE STREET.
FOREST CITY, NORTH CAROLINA 28043
Subject: Permit No. WQ0010690
Name Change of Trigen-BioPower,
Inc, to SUEZ Energy BioPower, Inc.
Forest City, NC Stearn Generation Plant
Ash Distribution Program
Distribution of Residual Solids (503 Exempt)
Rutherford County
Dear Mr. Leopard:
In accordance with your letter of October 23, 2006 informing us of the name change of Trigen-
BioPower, Inc. to SUEZ Energy BioPower, Inc., we are forwarding herewith a renewed and modified
Permit No. WQ0010690, dated November 29, 2006, to SUEZ Energy BioPower, Inc. for the continued
operation of the subject ash distribution program.
This permit shall be effective from the date of issuance until November 30, 2010; shall void
Permit No. WQ0010690, issued on December 30, 2005; and shall be subject to the conditions and
limitations as specified therein. You will note that the expiration date of this permit is the same as that of
the permit it is replacing. There are no other changes to the permit.
If you need any additional information concerning this matter, please contact Mr. David Goodrich
by telephone at [phone], or via e-mail at [e-mail].
Sincerely,
Lor Alan W. Klimek,, E.
cc: Ms. Lauren Billheimer, SUEZ Energy BioPower, Inc.
Mr. Ted Lyon, NC Division of Waste Management - Composting and Land Application Branch
McDowell County Health Department
Mr. Bradley Bennett, Surface Water Protection Section - Stormwater Permitting Unit
Mr. James E. Meyer, Laboratory Section - Laboratory Certification Unit
Asheville Regional Office - Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
APS Files
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet; WWW.nCWaterquality.org 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer - 50% Recyciedll0% Post Consumer Paper
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
DISTRIBUTION OF RESIDUAL SOLIDS (503 EXEMPT) PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
SUEZ Energy BioPower, Inc.
Rutherford County
FOR THE
continued operation of an on-site ash storage bin as well as a program for the distribution of ash (i.e.,
ponded and dry ashes including front or bottom ash, fly ash, scrubber ash, wood/sawdust, and/or any
mixture thereof) generated from the facility listed in Condition II. 3a. for the uses listed in Condition II. 3.
b. with no discharge of waste to surface waters occurs, pursuant to the permit renewal and modification
application package received on March 26, 2004 as well as all additional information subsequently
received and in conformity with the project plan, specifications, and other supporting data subsequently
filed and approved by the Department of Environment and Natural Resources and considered a part of
this permit.
This permit shall be effective from the date of issuance until November 30, 2010; shall void
Permit No. WQ0010690, issued on December 30, 2005; and shall be subject to the following specified
conditions and limitations:
I. PERFORMANCE STANDARDS
1. The ash distribution program shall be effectively maintained and operated as a non -discharge
system to prevent the discharge of any wastes to waters of the state resulting from the
operation of this facility or program.
2. This permit shall become voidable in the event of failure of the ash distribution program to
adequately protect the assigned water quality standards of the surface waters and
groundwater.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface water or groundwater resulting from the operation of this ash distribution program.

4. In the event that the ash distribution program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall take any immediate corrective actions as
may be required by the Division of Water Quality (Division).
Diversion or bypassing of ash or leachate from the on-site ash storage bin shall be prohibited.
All leachate shall be reused as a wetting agent or disposed of through a Division -approved
method.
6. No ash that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall be
sold or given away under the conditions of this permit.
H.OPERATION AND -MAINTENANCE REQUIREMENTS
The ash distribution program shall be properly operated and maintained at all times,
I Upon classification of the ash distribution program by the Water Pollution Control System
Operators Certification Commission (WPCSOCC), the Permittee shall employ a certified
operator to be in responsible charge (ORC) of the program. The operator shall hold a
certificate of the type classification assigned to the program by the WPCSOCC. The
Permittee shall also employ a certified back-up operator of the appropriate type to comply
with the conditions of 15A NCAC 8G .0202.
3. a. No ash other than that generated by the following residuals source -generating facility
shall be approved for distribution under the ash distribution program in accordance
with this permit:
As of the date of this permit's issuance, the standard operating procedures (SOPs) for this
facility consist of scrubber pond ash to be pumped out of the facility permitted under
WQ0003449 as a slurry for land application. Dry bottom ash, dry fly ash and dry
wood/sawdust are combined and stored in an on-site bin until it is distributed for use. It
shall be permissible for the described SOPs to be modified with no prior approval from
the Division, and the 3,200 -dry ton per year maximum distribution volume permitted may
include the various ashes either distributed as individual products or as mixtures in
varying permutations. The Permittee shall take care to adjust the ash sampling program
such that it is reflective of the SOPs currently being employed (i.e., see Condition III. 5.
for information regarding representative sampling).
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Residuals
Permit
Maximum
Permittee
Source -Generating
County
Dry Tons
Facility -
Number
per Year
SUEZ Energy
Forest City, NC
BioPower, Inc.
Steam Generation
Rutherford
WQ0003449
3,200.00'
Plant
TOTAL
3,200.00
As of the date of this permit's issuance, the standard operating procedures (SOPs) for this
facility consist of scrubber pond ash to be pumped out of the facility permitted under
WQ0003449 as a slurry for land application. Dry bottom ash, dry fly ash and dry
wood/sawdust are combined and stored in an on-site bin until it is distributed for use. It
shall be permissible for the described SOPs to be modified with no prior approval from
the Division, and the 3,200 -dry ton per year maximum distribution volume permitted may
include the various ashes either distributed as individual products or as mixtures in
varying permutations. The Permittee shall take care to adjust the ash sampling program
such that it is reflective of the SOPs currently being employed (i.e., see Condition III. 5.
for information regarding representative sampling).
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b. The following uses shall be approved for the distributed ash under the ash distribution
program in accordance with this permit;
Type of Ash
Approved Uses
♦ Structural/engineered fill (i.e., engineered fill that is
properly placed and compacted) for embankments and for
bases/ sub -bases under a structure or a footprint of a paved
road, parking lot, sidewalk, walkway, or similar structure.
♦ Flowable fill for backfill of potable water mains as
approved by the NC Division of Environmental Health,
sanitary sewers, and storm drainage structures.
♦ Overlay for secondary roads, residential driveways, farm
roads, and high -traffic farm areas as approved by the NC
Department of Transportation.
♦ Material for traction control during snow and ice events as
Bottom Ash /
approved by the NC Department of Transportation.
Fly Ash /
♦ Material for manufacturing of concrete products, brick
Scrubber Ash /
products, lightweight aggregate, roofing materials,
Wood or Sawdust l
insulation products, plastics, and paints.
Mixtures
* Substitute for blasting grit, roofing granules, filter cloth
precoat for sludge dewatering, as well as bedding for pipes,
railroad beds, and underground storage tanks,
♦ Soil nutrient additive, amendment, or other agricultural
purpose as approved by the NC Department of Agriculture
and Consumer Services.
♦ Raw product for the stabilization of wastewater residuals.
♦ Daily, intermediate, and final cover at a landfill as
approved by the NC Division of Waste Management.
♦ Fuel for combustion in boilers, furnaces, etc. for energy
recovery.
4. No other ash other than that from the residuals source -generating facilities specified in
Condition IL 3a. shall be distributed under this permit. No other uses of the distributed ash
other than those specified in Condition II. 3b. shall be allowed. The Permittee shall request
and obtain a permit amendment from the Division for each additional residual source -
generating facility and use prior to distribution through the approved ash distribution
program.
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5. The Ceiling Concentrations (i.e., dry weight basis) and the Pollutant Monthly Average
Concentrations (i.e., dry weight basis) listed in the table below shall be maintained for ash
to be distributed through the approved ash distribution program.
Parameter
Ceiling Concentration
(milligrams per kilogram)
Monthly Average
Concentration
(milligrams per kilogram)
Arsenic
75
41
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
17
Molybdenum
75
n/a
Nickel
420
420
Selenium.
100
100
Zinc
7,500
2,800
All ash shall be adequately stored to prevent runoff prior to distribution and use. The
Permittee shall provide to the recipient of the ash guidance so that the recipient of the ash is
aware of guidance regarding how to store the ash adequately to prevent runoff of the ash
following distribution and prior to use.
7. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying ash from stockpile/storage areas onto adjacent property or into any surface waters
prior to distribution and use. The Permittee shall provide to the recipient of the ash guidance
so that the recipient of the ash is aware of guidance regarding how to take adequate
provisions to prevent wind erosion and surface runoff from conveying ash from the location
of use onto adjacent property or into any surface waters.
Adequate provisions shall be taken to ensure that the transportation of ash does not cause
nuisances and hazards to public health and safety or otherwise cause an adverse impact (e.g.,
transport wet ash in leak -proof trucks or cover dry ash).
9. When using ash, the following shall apply:
a. Ash shall not be placed within 50 feet of any surface water without prior approval from
the Aquifer Protection Section of the Division's Asheville Regional Office.
b. Ash shall not be placed within one foot of the seasonal high water table.
c. Ash shall not be placed within 100 feet of any water supply well or spring unless
underlain and overlain by a liner with a maximum hydraulic conductivity of 10-6
centimeters per second. If such a liner/cover is provided, ash shall not be placed within
25 feet of any water supply well or spring.
M

10. When ash is distributed for use as a soil nutrient additive, amendment, or other agricultural
purpose as approved by the NC Department of Agriculture and Consumer Services, a label
shall be affixed to the bag or other container in which the ash is distributed, or an information
sheet shall be provided to the person who receives the ash. The label or information sheet
shall contain the following minimum information:
a. The name and address of the person who prepared the ash that is sold or given away in a
bag or other container for application to the land.
b. A statement that application of the ash to the land is prohibited except in accordance with
the instructions on the label or information sheet.
c. A statement regarding all buffers from the area to which the ash product is applied, as
specified in Condition II. 9.
d. A statement that the ash shall not be applied to any land that is flooded, frozen, or snow-
covered.
e. A statement that adequate procedures shall be provided to prevent surface runoff from
carrying any disposed or stored ash into any surface waters, including the guidance
stipulated in Condition H. 6. and Condition 11. 7.
f. A statement that the application rates of the ash shall be limited to those that can be
agronomically -justified (i.e., limited to that needed to meet the liming requirements of the
crops being grown on the land).
III. MONITORING AND REPORTING REQUIREMENTS
Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to ensure protection of the environment shall be
established and an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee to track all ash distribution activities.
These records shall include, but are not necessarily limited to, the following information:
a. Source and type of ash distributed.
b. Information regarding the standard operating procedures (SOPs) of the residuals source -
generating facility during the year, and justification for points where ash samples were
taken to ensure that conducted sampling is representative of the ash distributed as a result
of varying SOPs.
c. Date of ash distribution.
d. Name of the initial recipient of the ash, the amount distributed, and the intended use.

3. The ash from each of the residuals source -generating facilities listed in Condition Il. 3a. shall
be analyzed to demonstrate that they are non -hazardous under the Resource Conservation and
Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a
Toxicity Characteristics Leaching Procedure (TCLP) analysis for heavy metal parameters
only (i.e., see italicized parameters) shall be conducted by the Permittee annually on ash from
each residuals source -generating facility distributed or expected to be distributed during the
calendar year. Once a permit cycle, a corrosivity, ignitability, and reactivity analysis as well
as a TCLP analysis for all parameters shall be conducted on ash from each residuals source -
generating facility. The results of all analyses shall be maintained on file by the Permittee for
a minimum of five years.
The TCLP analysis shall include the following parameters (i.e., note the regulatory level in
milligrams per liter in parentheses):
Arsenic (5.0)
1,4 -Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1, 1 -Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0,03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide) (0.008)
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5 -Trichlorophenol (400.0)
m -Cresol (200.0)
Lead (5.0)
2,4,6 -Trichlorophenol (2.0)
o -Cresol (200.0)
Lindane (0.4)
2,4,5 -TP (Silvex) (1.0)
p -Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
4. An analysis shall be conducted by the Permittee on the ash from each residuals source -
generating facilities listed in Condition II. 3a. at a frequency that is dependent on the dry tons
of ash distributed or expected to be distributed during the calendar year. The monitoring
frequency schedule shall be as stipulated in the following table:
Amount of Ash
Amount of Ash
Distributed
(metric tons per
Distributed
(short tons per
Monitoring Frequency
365 -day period)
365 -day period)
MDT/yr = 0
DT/yr = 0
No Monitoring Required
0 < mDT/yr < 290
0 < DT/yr < 319
Once per Year
Once per Quarter
290:S mDT/yr < 1,500
319:5 DT/yr < 1,650
or
Four Times per Year
Once per 60 Days
1,500 < mDT/yr < 15,000
1,650:S DT/yr < 16,500
or
Six Times per Year
15,000 S mDT/yr
16,500 < DT/yr
Once per Month
12 Times per Year
C.1

The results of all analyses shall be maintained on file by the Permittee for a minimum of five
years. The analysis shall include the following minimum parameters:
Arsenic
Lead
Phosphorus
Barium
Magnesium
Potassium
Cadmium
Manganese
Selenium
Calcium
Mercury
Silver
Chromium
Molybdenum
Sodium
Copper
Nickel
Zinc
Iron
pH
After the residuals generated by a particular residuals source -generating facility have been
monitored for two years at the frequency specified in the table above, the Permittee may
submit a request to the Division for a permit modification to reduce the frequency of this
monitoring requirement. In no case, however, shall the frequency of this monitoring be less
than once per calendar year when ash generated by a residuals source -generating facility is
distributed for use during that calendar year.
5. Laboratory analyses and/or operational data, as required by Condition III. 3. and Condition
III. 4. shall be performed/gathered on the ash as it is to be distributed. Furthermore,
analytical determinations made pursuant to the monitoring and reporting requirements of this
permit shall be made by a laboratory certified by the Division for the required parameter(s)
under 15A NCAC 2H 0800 or 15A NCAC 2H .1100.
6. Three copies of all required monitoring and reporting requirements as specified in Condition
111. 1., Condition III. 2., Condition 111. 3., and Condition ill. 4. shall be submitted annually on
or before March I" of the year following any distribution event to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Noncompliance Notification:
The Permittee shall report by telephone to the Aquifer Protection Section of Division's
Asheville Regional Office at [phone], as soon as possible, but in no case more than 24
hours or on the next working day following the occurrence or first knowledge of the
occurrence of any of the following:
a. Any occurrence with the ash distribution program that results in the distribution of
significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the ash distribution program resulting in a release of material to receiving
waters.
c. Any time that self-monitoring information indicates that the ash distribution program has
gone out of compliance with the conditions and limitations of this pen -nit or the
parameters on which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the ash
distribution program incapable of adequate operation.
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e. Any spillage or discharge from a vehicle or piping system (i.e., greater than incidental)
during transportation of ash.
Occurrences outside of normal business hours (i.e., from 8;00 a.m. until 5:00 p.m. on
Mondays through Fridays, except State Holidays) may also be reported to the Division's
Emergency Response personnel at one of the following telephone numbers [phone],
[phone], or [phone].
Persons reporting such occurrences by telephone shall also file a written report in letterform
within five days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed to be taken to ensure that the problem does not recur.
IV. GROUNDWATER REQUIREMENTS
Applicable Boundaries:
a. The COMPLLkNCE BOUNDARY for the ash storage bin shall be as specified by
regulations in 15A NCAC 2L (i.e., Groundwater Classifications and Standards). The
Compliance Boundary for sites individually permitted after December 31, 1983, shall be
established at either (1) 250 feet from the site or (2) 50 feet within the properly boundary,
whichever is closest to the site. An exceedance of Groundwater Quality Standards at or
beyond the Compliance Boundary is subject to immediate remediation action according
to 15A NCAC 2L .0106 (d)(2).
b. The REVIEW BOUNDARY shall be established around the ash storage bin midway
between the Compliance Boundary and the perimeter of the bin. Any exceedance of
Groundwater Quality Standards at the Review Boundary shall require action in
accordance with 15A NCAC 2L .0106 (d)(1).
2. Other Reouirements:
a. Any additional groundwater quality monitoring, as deemed necessary by the Division,
shall be provided.
V. INSPECTIONS
1, The Permittee or his designee shall inspect the facilities related to the ash distribution
program (i.e., including the ash storage and transport facilities) to prevent malfunctions and
deterioration, operator errors and discharges which may cause or lead to the release of wastes
to the environment, a threat to human health, or a nuisance. Under the conditions of this
permit, the Permittee shall be exempt from inspecting facilities and sites where distributed
ash is utilized, as long as the Permittee complies the requirements of Condition II. 6.,
Condition II, 7., and Condition II. 10. The Permittee shall maintain an inspection log or
summary including at least the date and time of inspection, observations made, and any
maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections
shall be maintained by the Permittee for a period of five years from the date of the inspection
and shall be made available to the Division or other permitting authority, upon request.

2. Any duly authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises, or place on or related to
the ash distribution program at any reasonable time for the purpose of determining
compliance with this permit; may inspect or copy any records that must be kept under the
terms and conditions of this permit; and may obtain samples of groundwater, surface water,
or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the ash distribution program are operated in
accordance with the conditions of this permit, the supporting materials, and in the manner
approved by the Division.
2. This permit shall be effective only with respect to the nature of ash described in the
application and other supporting data.
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statutes §143-215.6A through §143-215.6C.
4. The annual administering and compliance fee shall be paid by the Permittee within 30
calendar days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit, as specified by 15 NCAC 2H ,0205
(c)(4).
The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable
river buffer rules in 15A NCAC 2B ,0200, soil erosion and sedimentation control
requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000,
and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC
.0500.
6. This permit may be modified, revoked, and/or reissued to incorporate any conditions,
limitations and monitoring requirements the Division deems necessary in order to protect the
environment and public health adequately.
7. The Permittee, at least six months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Division shall review the adequacy of the ash
distribution program described therein, and if warranted, shall extend the permit for such
period of time and under such conditions and limitations as it may deem appropriate.

This permit shall not be automatically transferable. In the event that there is a desire for the
ash distribution program to change ownership or to change the name of the Permittee, a
formal permit request shall be submitted to the Division documentation from the parties
involved and other supporting materials as may be appropriate. The approval of this request
shall be considered on its merits and may or may not be approved.
Permit issued this the twerp ninth day of November, 2005.
AL MANAGEMENT COMMISSION
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQOOI0690
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