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HomeMy WebLinkAboutCape Fear Steam Station (5)h4?p Progress Energy May 15, 2012 Mr Matt Matthews Surface Water Protection Section Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject- Progress Energy Carolinas, Inc Storm Water Permitting Proposal Example — Cape Fear Steam Electric Plant Working Draft Permit No NCS000550 Dear Mr Matthews As a follow up to our recent discussions and meetings regarding the Division of Water Quality's (DWQ) draft NPDES individual storm water permitting approach, Progress Energy (PE) is providing the following summary comments Specific comments are included on the enclosed marked -up copy of the working draft permit. a As the NPDES storm water program has evolved since the institution of section 402(p) of the Clean Water Act, the permitting of regulated storm water discharges has evolved as well The first activities involved the compilation of permit applications that enabled dischargers of storm water associated with industrial activity to be covered by the NPDES program From that activity various aspects of permit requirements were developed with emphasis appropriately directed towards pollution prevention and reliance on BMPs to cost effectively control or prevent pollutant interaction with storm water discharges The initial permitting efforts required the development of a Storm Water Pollution Prevention Plan (SWPPP) which emphasizes BMPs The next permitting phase added qualitative monitoring of the outfalls These qualitative monitoring requirements were generally visual observations of the storm water discharges to determine the effectiveness of the BMPs Given the success of the SWPPPs and the qualitative monitoring, the next logical step in the permitting process is to initiate limited quantitative monitoring, where needed, while still relying on the fundamental storm water control concepts of BMPs and qualitative monitoring This next logical step is also influenced by the understanding that the most contaminated storm water streams at steam electric power plants are collected, often intermingled with wastewater streams, and permitted and treated as per regulations in categorical low volume treatment systems, and/or ash ponds or coal pile runoff treatment units Generally, PE endorses this next logical phase of requirements in storm water permitting b As a general indicator of pollution in storm water discharges from coal-fired power plants, PE supports semi-annual quantitative monitoring -for TSS and pH from representative outfalls Progress E mgy Ser ice Company, LLC Matthews Page 2 May 15, 2012 C. Also PE supports permit requirements for semi-annual quantitative monitoring at representative outfalls for any parameter associated with our storm water discharges if there is an indication of in -stream impairment for that parameter Monitoring should be discontinued following hkio consecutive results be!o:;' an appropriate benchmark d PE cannot support monitoring for mercury at our storm water outfalls based on a 303(d) listing that has been imposed without fish tissue data or water column data directly supporting the listing In fact, PE has twice submitted extensive comments and data demonstrating the fish tissue and water column values at certain of our sites are below all thresholds of concern The DWQ/DAQ joint effort to establish a TMDL for mercury has shown that the mercury in fish tissue is not a result of continuous wastewater discharges, much less the result of storm water discharges at power plants_ It has been stated by DWQ that air emissions from NC utilities are responsible for much less than half (16%) of the mercury in NC surface waters This joint effort has also shown that, with the scheduled retirements and upgrades to our facilities, utility air emissions in NC are appropriately controlled Additionally, staff from the DWQ has indicated in presentations to the EMC and in their recent TMDL efforts that storm water is not a factor in the mercury TMDL process e PE supports semi-annual qualitative monitoring at representative outfalls for all of our coal-fired power plants that are active This monitoring will involve assessing the storm water discharges for color, odor, clarity, floating solids, foam, oil sheen, indications of erosion or other indications of storm water pollution f PE supports implementation of SWPPPs that reflect reasonable efforts and EPA guidance There are certain aspects of the proposed SWPPPs that PE questions Comments on the proposed SWPPPS are presented on the attached marked up document PE believes that NPDES storm water permits with the conditions outlined above are consistent with permitting approaches for steam electric facilities in other states, and are appropriate and reasonable given the substantial data available on the health of receiving waters where our facilities have operated for decades Such conditions are also sufficient to meet regulatory requirements PE would also support the development of a NPDES General Permit for steam electric facilities provided that it adheres to the conditions expressed above PE believes that this approach could be efficient and cost effective for both DWQ and permittees, especially during the permit renewal process. We certainly appreciate the opportunity to work with you and your staff. Please contact me at 919-546-5286 or fred holt@pgnmail com if you have any questions or need any additional information yre,nereHolt Supervisor, Environmental Services FH/jp Enclosure Permit No. NCS000550 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122 26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or'operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES;stormwater permit; and must recertify the No Exposure Exclusion annually. Y l SECTION B: PERMITTED ACTIVITIES _ Until this permit expires or is modifiecl;.or revoked, the permittee is authorized to discharge stormwater to the surface water:s'"of%"North"Carolina or separate storm sewer system that has been adequately treated -and managed in accordance with the terms and conditions of this permit. All stormwatendischarges sMall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part 1 Page 1 of 2 Summary of Comments on Microsoft Word - NCS000550_d raftperm it_rev2012. docx Paye: 4 it,Number: 1 Author Sub;ect: Inserted Text Date- 5/15/2012 12.12:05 PM associated with industrial activity fTlNumber: 2 Author, Subbed, Inserted Text Date: 4/24/2012 3.00:53 PM LJ storm water not associated with industrial activity, Permit No. NCS000550 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The 1PnP is public infvrmatlon in accordance with Part iil, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide -a description of the physical facility and the potential pollutant sources that may be;expected to contribute to contamination of stormwater discharges. The Site'Overview'shall contain the following: a (a) A general location map (USGS quadrangle_inap or appropriately drafted equivalent map), showing the facility's locatiQglin 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 locatiorirnap (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 islocated in a watershed for which a TMDL has been established, and what fhe 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. (c) A site map drawn ....fr.,. -s'e ten to clearly depict: , e site-property�oundary; the stormwater discharge outfalls; wetlands, igiustrial activity areas (including storage of mat als, disposal areas, process areas, loading and unloading areas, and haul roads), 5IKI-e topography and hntsheel all drainage features and structures, drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. Part II Page 1 of 11 Page: 6 UNumber• 1 Author: Subject: Cross -Out Date: 5/15/2012 1:30:03 PM Number, 2 Author: Subject: Highlight Date 4/24/2012 3 03 12 PM This is a new requirement and an example of increased burden without commensurate benefit. Jill Number. 3 Author: Subject: Highlight Date, 5/15/2012 130.18 PM Number- 4 Author, Subject: Inserted Text Date. 4/27/2012 9 41 23 AM Mi all receiving waters for the applicable storm water discharges Number: 5 Author: Subject: Cross -Out Date. 4/27/2012 9.45.37 AM drainage area requirements found in this section should suffice Total site topography and finished grade is burdensome and is not supported by EPA MSGP or guidance Permit No. NCS000550 (d) A list of significant spills or leaks of pis -firing the previous three (3) years and any corrective actions taken to mitigate spill :rnpacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. >f flows.@Ffnatenals and preeesse.- an laherever practical, the permittee shall prevent exposure of,3 14 , material handling (@erations, 4>k: and manufacturing or fueling operations. In areas where elimination of exposure is not practical, " ` @e feasibility of diverting the stormwater run-on away from areas'-df-poteritalrcontamination. (b) Secondary Containment Requirements and Records. secondary containment bulk sto`r'a eg of liquid materials; storage in any amount of Section 313 of Title III of the SuperfundFAinendments and Reauthorization Act (SARA) water priority chemicals; and'sfo'rage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. 9 table or suFnffi9f=y areas shall be maintained. if the seeendayy eentainfnent deviees are eenneeted to W3__ M--- (c) BMP Summary. A listing of site striXtural and non-structural Best Management Practices (BMPs) shall be provided.113;eimstallstion and implementation of BN4PS shall be -a__, an the assessment of he potential for __u- __- to __...__-___e Part II Page 2 of 11 Page: 7 Rd Number, 1 Author: Subject: Inserted Text Date: 4/27/2012 11:53:24 AM oii or toxic or hazardous pO11utants that actually O1c,.-rred at eXpCsed areea5, Or that drained to .1 Stor mV.atBr cunveyanct It Number, 2 Author, Subject Inserted Text Date. 4/25/2012 8.33 49 AM u� This requirement is not found in EPA MSGP or SWPPP guidance f'TiNumber: 3 Author- Subject: Cross -Out Date: 5/15/2012 1:34:14 PM I -. Number: 4 Author: Subject: Cross -Out Date. 5/15/2012 1:34.53 PM U Number: 5 Author. Subject: Inserted Text Date. 4/27/2012 12:35.05 PM and storage a Number: 6 Author- Subject: Inserted Text Date, 4/25/2012 8.36:40 AM "The permittee should consider" Number. 7 Author: Subject: Underline Date: 5/15/2012 1.31.08 PM �1lNumber 8 Author Subject Inserted Text Date 4/27/2012 1 52.31 PM LJ should be considered" There are no regulatory basis for requiring secondary containment , it is not found in MSGP or SWPPP guidance Number, 9 Author* Subject Cross -Out Date- 4/25/2012 8.46.57 AM These aspects are not required by NPDES and are found where applicable elsewhere in regulation such as SPCC � Number. 10 Author: Subject. HighlightDate• 4/24/2012 3:05:40 PM How does one observe accumulated storm water for dry weather flow? I know what is meant but it could be worded better Number: 11 Author- Subject: Highlight Date 5/15/2012 130 52 PM uNumber. 12 Author Subject- Highlight Date: 5/15/2012 1:33.56 PM uNumber• 13 Author. Subject, Cross -Out Date- 5/2/2012 11.49 29 AM There is no requirement for this in MSGP or EPA SWPPP guidance If this requirement remains, any changes to the BMPs would be recorded in the SPPP and the need to review and update annually is not necessary—duplicative effort. Permit No NCS000550 - -- .. .,.. 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 Mned and dated by each individual acknowledging their responsibilities for the z -- - 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 elemenmof the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping.Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shallAddress all sto water control systems (if applicable), stormwater discharge outfalls,1941 5_ ' �"s` r' , industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unload'in'g areas, and haul roads , drainage features and P g u - g;n,ti.,, ) � g structures, and existing structural BMP's'.' The program shall establish schedules of inspections, maintenance, -,,and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and fa�ity systerthat present a potential for stormwater exposuresor stormwater pollutio .9 '``�'' � `'-0 4' `'``"Pq ection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part II B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for impleme12 g t 11 ning shall be identified, and their annual training shall be document, «- �e eaemprvyee mitred Partit Page 3 of 11 Page: 8 1 T1 Number: 1 Author. Subject. Cross -Out Date: 5/15/2012 1:34:38 PM =Number. 2 Author Subject. Cross -Out Date 5/15/2012 1.35.13 PM r:;; - Number: 3 Author, Subject: Highlight Date: 5/2/2012 11:51:20 AM LL Not sure what this means especially for decommissioned sites What if it rains at 2.30 AM on Sunday morning and only a minimum operational crew is on site? This requirement is vague, burdensome and unreasonable Especially for unmanned CT sites, spills and leaks could occur at any time and there would be no one there F1Number, 4 Author. Subject Cross -Out Date. 5/15/2012 1.35:24 PM -Number: 5 Author: Subject Highlight Date: 4/24/2012 3:23:47 PM What does this mean? LL Number' 6 Author: Subject: Highlight Date, 5/15/2012 1:35.33 PM F—C Number: 7 Author: Sub)ect: Inserted Text Date: 5/15/20121.37:30 PM applicable 1T1 Number: 8 Author. Subject Cross -Out Date. 5/15/2012 1:37:58 PM I Number: 9 Author: Subject: HighlightDate• 4/24/2012 3.27.28 PM L� What does this mean? If the SPPP doesn't address these areas and systems then they are not associated with industrial activity and are not regulated Number. 10 Author Subject: Highlight Date: 5/15/2012 1:38:20 PM ,Number 11 Author- Sub)ect. Sticky Note Date. 5/15/2012 1:28.25 PM plant training is captured in the site's tracking and tickler system which is printed out and inserted into the SWPPP notebook. is there an advantage to require a separate, additional document with signatures Maybe have option. -Number: 12 Author: Subject. Cross -Out Date: 5/15/2012 1:28:36 PM Permit No. NCS000550 7. Responsible Farty. 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 tOsurface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include; ;,11 2 (a) an updated list ofsrgnrficantspills orleaks of polluta or 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 rgn-stormwayter dis`ch'arges (element of the Site Overview); (c) a documented re-evaluation',of the effectiveness of the on-site stormwater MPs (BMP Summary eleriient of the Stormwater Management Strategy). (d) 4 review and coinsp4,h&on��sd� ple,analytical.'data,to"benchmark'vafues (if applrcable)'overtpe$ astwyear, incIudmg a"discussion al%out 4Tiered' Response Tr„ v j,_ status: ,The pe`r'inittee s 10- , usex,the,Oivisioa's_Annual,Summary Data Monitoring Report (D R)` for`m;`available from the°Stormwater`Permitting r r - Uni't's w'eb'sit (Se Monitoring,Forms' liege: The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs to pre -vent eantaminants freffi entering Enplementation 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 made available to the Director or the Director's authorized representative F%mediately upon request. Part11 Page 4 of 11 I E ;Number. 1 Author: Subject. Inserted Text Date. 4/25/2012 9:20.46 AM in storm water associated with Industrial activity (Number. 2 Author Subject. Sticky Note Date. 5/15/2012 1.29.25 PM within the drainage area of an industrial storm water outfall Number. 3 Author: Subject: Inserted Text Date: 4/25/2012 9:24:24 AM I— non authorized t Number 4 Author. Subject: Highlight Date 5/2/2012 12.46:34 PM UThis is a new burden. The form requires a submittal by March 1. How does this match up with the reporting requirements In Section E Reporting RPquirements? This form should only be retained at this site for inspection like the other documents Plus an annual summary of an annual event seems.. FZNumber: 5 _Author: Subject- Inserted Text Date: 5/15/2012 138:34 PM Lc Number: 6 Author: Subject: Cross -Out Date: 5/15/2012 1.37:44 PM Permit No NCS000550 �.w�( 1�a.e�:R�ri..•�ai-r:R.au-�./�•a as ��R�u a���-a./'. ��n�.o�a a.� • \ • •• _ • , • ;, fJ1 J•L-��•a:Iiia.:ls R:<�r:.��-J i'� ia 1�17��9- yi �f:•�l:lw 4Aaw1.\T � •\�L.f l�.f• - •I :iyRli \'•S: �1R/R\:w1�t-1 1 � iIL 0 .. M rise &11 Page 5 of 11 Page: 10 ;ilNumber: 1 Author, Subject: Cross -Out Date: 5/15/2012 1:39:22 PM Number: 2 Author. Subject- Cross -Out Date, 5/15/2012 139 10 PM iINumber• 3 Author- Subject: Cross -Out Date: 5/15/2012 1:39:32 PM T Number. 4 Author: Subject. Highlight Date: 4/25/2012 946.37 AM As a note. recent presentation to the EMC by staff indicated that NPDES storm water will not play a part in the mercury TMDL —_ Number: 5 Author: Subject: Sticky Note Date. 5/15/2012 1:28:52 PM If the rational to include aluminum because a value wasn't included in form 2F, why not submit one sample, as would have been done on form, and if below 0.75 stop requirement �fNumber: 6 Author: Subject: Highlight Date: 4/25/2012 9.47.37 AM A Note the fact sheet states that ammonia, nitrate -nitrite, and TKN were reported but not likely attributable to industrial activities. It should be noted that these components make up the determination of TN So if the components of TN are not an issue, why do we have to monitor for TN? I,iNumber: 7 Author Subject. Cross -Out Date- 5/15/2012 1:39:42 PM ±Number• 8 Author. Subject. Cross -Out Date. 5/15/2012 1:39:51 PM It:Number. 9 Author- Subject HighlightDate• 5/15/2012 1.40:02 PM Why 12 ng/L? this is not an acute value. The EPA acute value for mercury is 1400 ng/L. IM Number, 10 Author: Subject: Cross -Out Date: 5/15/2012 1:40:11 PM Permit No. NCS000550 1 r-mittee fnay request approval are above 42 ng�l by the Division to discontinue !4g fnenitaring at but field blank date ar other infarmattan suggest athef autfitils where 11eaneentrattans na leealtIzed stermwater jure ? � �' , �� _ _ _ � ^fir � 2' eansectitwe Rfimpleg Are below the 6 Boren (B3 monitoring ts optional. ifthe per-mtt+ee proposes a benehmarle - The perrntttee may eieet to maniter baron f;br eaneentr-I fer bereft with suffietent data the purpose afestablishing and suppefun rattenale, DWQ wtil eansider relieving permittee must also demartstTate pnef_,.. on stte are _, '7 For eaeh sampled measureable 9tarm or leeal rain reading must menttartng for ane or niare afthe ether metals eantfibuttans &am other (not eeal related) patential evettt the total preetpttatten mugE be feeerded be reearded.- in the permit; The seurees of these An aft site rain gouge gauge ♦, Monk- 442 tber 48A End Year 1 1 ��y-# r � •� ` jure ? � �' , �� _ _ _ � ^fir � 2' ear-- 3 rtµ, �,.� , I` Year-• fune , 2916 Y�1 Year- - a 4 f.}}� une 79, 01.6 1"' , 94-5 IMay 1. 141 J & c 1, 1... V 1V 291 J 1Rtl1ST ------------------- . . - - -. _ ♦ - - WN W."1111m AWN - _ - - - Part11 Page 6 of 11 Page: 11 :Number• 1 Author: Subject, Cross -Out Date: 5/15/2012 1.40.55 PM i- Number- 2 Author- Subject Cross -Out Date: 5/15/2012 140.21 PM U Number: 3 Author. Subject: Cross -Out Date: 5/15/2012 1:4031 PM uNumber: 4 Author: Subject Cross -Out Date. 5/15/2012 140 45 PM uNumber: 5 Author: Subject- Cross -Out Date: 5/15/2012 1.41,26 PM Permit No NCS000550 All aw ME WN -- --- - - units $eflehmai'If Total Suspended Soliels 6 4$$ Oil anA 3�� 3$ 6— 4 ]1 4 fft97. "tel Alurninuffi (M) y` %� ,. Ai /2 101�`�'A`^lC f. ...�1 "Ni -A2 Aird .144414" ,..,a..v._ 040 Part 10Page � of 11 Page: 12 1T] Number, 1 Author. Subject: Cross -Out Date: 5/15/2012 1.41.38 PM uNumber 2 Author, Subject Cross -Out Date 5/15/2012 1.41.48 PM Number 3 Author* Subject, Cross -Out Date, 5/15/2012 1.44:22 PM fs,Number. 4 Author. Subject. Cross -Out Date 5/15/2012 144,15 PM uNumber: 5 Author. Subject. Highlight Date. 5/15/2012 1:44:09 PM this value should be 0.75 mg/L to reflect the acute value (EPA CMC) and the value reflected in the fact sheet Lf�Number. o Author Subject mgntLgntuate• 5/15/2012 1 44.03 PM TNumber. 7 Author. Subject- Highlight Date: 5/15/2012 143-55 PM �—I Why monitor for nutrients in a non -nutrient sensitive waterbody? Also see previous comments on TN CL Number 8 Author Subject HighlightDate. 5/15/2012 1.43 48 PM IE Number: Author Subject. Cross -Out Date- 5/15/2012 1.43:38 PM Number 10 Author- Subject: Cross -Out Date. 5/15/2012 1:43.32 PM Tier One Cil __ _1_a 1 l._ ittig Then,The pefmittee shall- -9M.-Mr.m. . Permit No. NCS000550 -r swiree _ __, _ _ ___-__ , __ _. -_ ealwithin the beftehmar-k r-Ftmg,— s of the . 4 --------------- \ ��J. T}'/f1\7\\:lH\ I1{21!•%11\9. Partll Page 8 of 11 Page: 13 Number, 1 Author: Subject: Cross -Out Date: 5/15/2012 1:4327 PM DNumber, 2 Author: Subject: Inserted Text Date. 5/15/2012 1.4320 PM applicable drainage area Ll Number: 3 Author: Subject: Highlight Date: 5/15/2012 1:43:14 PM two months may be difficult to achieve especially if the action involves a need for budgeting, and design and installation of engineering controls. How about six months if physical improvements is the decided action F-INumber 4 Author: Subject: Cross -Out Date: 5/15/2012 1:43 07 PM Number: 5 Author: Subject: Sticky Note Date: 5/15/2012 1.29:37 PM Cape Fear Plant is in the Raleigh Regional Office Number. 6 Author: Subject: Underline Date. 5/15/2012 143 00 PM u Wrong region for the Cape Fear plant fs,Number, 7 Author: Subject, Cross -Out Date, 5/15/2012 1:42.53 PM Number 8 Author Subject. Sticky Note Date 5/15/2012 1 2948 PM but in in the reach where our outfalls are therefore, nutrient sampling is not required Permit No NCS000550 SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the stormwater Pollution Prevention Plan (SPPP) and assess new sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall..status. Oualitative monitoring shall be performed annually as specified in Table 4,16aan•-`TgTiTara anal "an' i.rvring events t�srern, permiftee is required to perferm fur4ter qualitative sampling per- the Qualitativ-e Monitofing Response, . Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DM`Rj(see Adverse Weather in Definitions). Only SDOs discharging stormwater associatedr,with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition,and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitori �Re uirements D'i_scharge'Characteristics Frequency,l Monitoring Lo,cation2 Color annual SDO Odor annual SDO Clarity annual SDO Floating Solids annual SDO Suspended Solids annual SDO Foam annual SDO Oil Sheen annual SDO Erosion or deposition at the outfall annual SDO Other obvious indicators of stormwater pollution annual SDO Footnotes. 1 Measurement Frequency Once per year during a measureable storm event. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status, unless ROS isgranted specifically for qualitative monitoring. A copy of any letter granting ROS shall be kept on site Remaining outfalls must be observed at least once during the permit term during a measureable storm event, except where the DWQ Regional Office (1) agrees outfalls are truly inaccessible or cannot be made safe without excessive burden on the permittee, or (2) determines some outfalls warrant more periodic observation. Part It Page 9 of 11 Page: 14 Number: 1 Author: Subject. Cross -Out Date: 5/15/2012 1:42 46 PM Permit No. NCSOOOSSO A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evuate the feasibility of corrective actions, and implement those corrective actions withi 1 _ ' .r '3 , t' ' e Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation. and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new sources of stormwater pollution, and prompting the permittee's,response-fo pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may but is not limited to: • require that the permittee revise, incre: (analytical or qualitative),for the,remaii • require the permittee to • require the permittee to • require the permittee to impacts on receiving,wa • require the permitteein M or,decrease the monitonng frequency ider,of the permit; L' -4f,, al "stormwater controls; er stormwater control measures; yam and downstream monitoring to characterize site modifications to qualify for a No Exposure Exclusion, Part11 Page 10 of 11 Page: 15 1TiNumber: 1 Author, Subject: Highlight Date: 4/25/20129:52.26AM �J Budgeting. design, and constrLiCtion of ctnurtures, if needed, could ke a !ons time This needs to he more FioviF+lc tt oNumber. 2 Author Subject. Inserted Text Date- 5/15/2012 1.42 41 PM a reasonable amount of time necessary to complete the action. Number. 3 Author: Subject. Cross -Out Date: 4/25/2012 10 03 56 AM Over reaching, already have overall BMP requirements and O&G qualitative monitoring Permit No NCSOOOSSO �•r�R:cru •u:�r�ar�:�y ���: I iTil; A-6 Lb_C"T.�ha u�.~��.s a"TniN 'a lZ"iagureme-at I sample SA'mpie V44 stffltdefda annual Gfab SRO - - - - aftiqual a''••TF�u��4 ?!74 Total Suspended So fftyq:; ftftfttta4 � II 2 New Meter 9449� n genual r' e ie$ e$ 11 a1 tq issued for this faetlity ar uFAR this permit is revolted or Oe t. 0 r'•' t, - - - - Grab samples sheR be ealleetedi.I the first 30 mi nates e F (ii��arge. • • ' 3 2 . ............. ...... 10 RM 100.41117M Mrim. r-% - - - - • ' • _ _ • • • n PartII Page 11 of 11 • _ _ • 9311 • , - - - - - • • ' PartII Page 11 of 11 Page: 16 IYINumber: 1 Author: - Subject, Cross -Out Date: 5/15/2012 1:42:35 PM 1:1 Number- 2 Author. Subject- Cross -Out Date- 5/15/2012 1.42 29 PM IT, Number: 3 Author, Subject. Cross -Out Date: 5/15/2012 1:4220 PM F; Number 4 Author Subject- Cross -Out Date. 5/15/2012 1.42 11 PM j+II Number Author: Subject: Cross -Out Date: 5/15/2012 1:42:05 PM UNumber• 6 Author. Subject, Cross -Out Date- 5/15/2012 1.41.56 PM 01 Number. 7 Author: Subject: Cross -Out Date- 5/15/2012 1.39.01 PM Permit No NCS000550 SECTION E• B A ND ATABV BEST MANAGEMENT A N A GEMENT nn A CTICES (BTUBS) Enn COAL-FIRED POWER PLANTS SCHEDULED TO SHUT DOWN WITHIN THE TERM OF THE PERMIT 4 PartII Page 13 of 11 Page: 18 i ]Number: 1 Author: Subject: Cross -Out Date: 5/15/2012 1:38:50 PM IK Number: 2 Author, Subject Inserted Text Date: 4/27/2012 2.1537 PM If the permittee plans to shut down the permitted site and will request this permit be modified, revoked and reissued or terminated, the following information shall be submitted within 90 days of the requested permit action date: Decommissioning Plan with approximate Schedule Certification that categorical industrial activities have ceased and there no longer exists any significant materials or activities that are exposed to storm water. DWQ will review the request and information and implement the permit action upon approval of the request and information Permit No NCS000550 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule. Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished within 12 months of the effective date of the initial permit issuance. '3y New Facilities applying for coverage for the first tune: Tlie 5tormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an -annual basis`. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this.perinrt shall be accomplished prior to the beginning of discharges from the operation of the industriah'activity. S20 -.+i _� Existing facilities previously permitted and applying'for renewal: All requirements, conditions, limitations, and controls contained in this'permit (except new SPEP elements in this permit renewal) shall become effective immediately uponlssuance,of this permit 1 ew elements of the�8tormwater Pollution Prevention Plan forthis permit renewal shall be developed and implementeliwithin 6 months of the effective date ofth(s permit,f3ld updated thereafter on an annual basis. 2 DAY to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application (40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation (33 USC 1319(d) and 40 CFR 122 41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be Part III Page 1 of 9 Page: 19 i T'INumber. 1 Author: Subject: Comment on Text Date: 4/27/2012 2.16:49 PM L` Ngte that this is concession of additional i,equiren1ents `I a burdens) [- iNumber. 2 Author. Subject Cross -Out Date. 5/15/2012 1.38.42 PM T I Number: 3 Author Subject: Inserted Text Date, 4/27/2012 2:18.11 PM LTJ unless otherwise allowed I v-, Number 4 Author- Subject. Cross -Out Date, 5/15/2012 1.31.50 PM Permit No NCS000550 personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. DuIZI to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any inforinatioa which the Pei wit Issuing Authority ii,d� request la dctti minti e WfI'[iei cause exists for modifying, revoking and reissuing, or terminating 1 this permit or to determine compliance with this permit The permittee shall also furnish to the Permit issuing Authority upon request, copies of records required to be kept bythispermit [40 CFR 122.41(h)]. ti 9 Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers.with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both If a•conviction of a person is for a violation committed after a first conviction of such person under this"paragraph, punishment is a fine of not more than $20,000 per day of violation, or by impr'is6hiiient of not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Falsification of The Clean Water Act providd§,,that,any person who knowingly makes any false statement, representation, or certification.in4any,record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction; be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122 41] 11. Onshore or Offshore Constn ction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq Part ill Page 3 of 9 Page: 21 IT' Number: 1 Author• Subject• Cross -Out Date, 5/15/2012 1:31.42 PM Permit No. NCS000550 in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c The permittee submitted notices as required under. Part iII Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects SECTION D: MONITORING AND RECORDS i. Repr esentauye S'anlpiirig Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a mea-Weable storm event Samples shall be taken on a day and time that is characteristic of the discharge & samples shall be talten befere the diseharge joins ar is dtluted 6-4 any other waste streani, be4y-ef ubstanee Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122 410)] 2. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 422:41] a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the'sampling or measurements, c. The date(s) analyses we re,perforined; d The individuals) who per`formed'the analyses, e The analytical techniques, 6r,methods,6sed, and f. The results of such analyses.ap'� 3. Flow Measurements Where required, appropriatelflow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4 Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure if no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used S. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. PartIll Page 6 of 9 Page: 24 F+IU Number, 1 Author: Subject: Cross -Out Date: 4/27/2012 2:21.22 PM this should be Irrelevant for storm these storm water d-scharges 4. Permit No. NCS000550 Submitting Reports Two signed copies of Discharge Monitoring Reports (riMRs) Shall be submitted to Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data detei mined to be confidential under NCuS 143-215.3(a)(2) or Section 306 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143=215.6B or in Section 309 of the Federal Act '^ . . " 5 Planned Changes The permittee shall give notice to the Directonas soon as possible of any planned changes at the permitted facility which co4signlficaritly alter the nature or c❑3 antity of pollutants discharged [40 CFR 122 41(1)]. This notification<requiremen t includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncom haiice R>` 44 The permittee shall grve�advan6e otice to the Director of any planned changes at the permitted facility which may result m noncompliance with the permit [40 CFR 122.41(1)(2)]. 7. 5Q& The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours 8. Bypass Notice [40 CFR 122.41(m)(3)]. a Anticipated bypass if the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass b. Unanticipated bypass The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass.® 9. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. PartIII Page 8 of 9 uNumber: 1 Author* Subject: Cross -Out Date* 5/15/2012 1:31.35 PM Lt Number. 2 Author Subject: Comment on Text Date 5/15/2012 131-27 PM This is a significant provision and needs to be discussed so that we all understand what it means. i --,Number: 3 Author, Subject: Inserted Text Date: 5/15/2012 1:31.18 PM I JkJincrease the TQ Number: 4 Author. Subject- Inserted Text Date 5/15/2012 1.3103 PM in accordance with 9. a. PART IV DEFINITIONS AU See Clean Water Act. NCS000550 2 Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date; to a and written narrative) and the rationale must be included with your SPPP records. Adverse°weather does not exempt the permittee from having to file a monitoring report in accordance wjth'th`e sampling schedule Adverse events and failures to monitor must also be explained and"reported on t}ie relevant DMR. ,, 3. Allowable Non-Stormwater Discharges ,�r, This permit regulates stormwater discharges. Non stormwater discharges which shall be allowed in the stormwater conveyance system are. = a. All other discharges that are authorized by a non-stormwater NPDES permit b Uncontaminated groundwater, foundationArains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from foot�i►g-drains; flows from riparian habitats and wetlands. c. Discharges resulting from 'firlb-fighting or fire -fighting training, or emergency shower or eye wash as a result of use1n the event of an emergency 4. Best Management Practices (BMPs) Measures or practices d4&,mreduce the amount of pollution entering surface waters. BMPs may take the form of a process; activity, or physical structure. More information on BMPs can be found at httn //c ub.ea,gov/npdes/stormwaterlmenuofbmi2slindex.cfm, S. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility 7 Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director 8 Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9 Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. Part IV Page 1 of 4 Page: 28 fT Number: 1 Author: Subject: Comment on Text Date- 5/15/2012 1:30.31 PM i l Where is tha rlafipition found) in the rens or statute?