NC0003425_Sumplemental Information_20171204

(� DUKE
�T ENERGY
December 4, 2017
Paul Draovitch
Senor Vice President
Environmental, Health & Safety
526 S Church Street
Mail Code EC3XP
Charlotte, NC 28202
[phone]
Ms Teresa Rodriquez
REC8VE()/®ENWL)W0
North Carolina Division of Water Resources
1617 Mail Service Center
DEC
Raleigh, NC 27699-1617
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Water Resource,
RE: NPDES Permit No. NC0003425
PefMitting SectiC)n
Roxboro Steam Electric Plant
Supplemental NPDES application Information — ELG Applicability Dates
Dear Ms Rodriquez,
On August 15, 2016, Duke Energy Progress, LLC (Duke) submitted a justification for the appropriate
applicability dates for compliance with the 2015 revisions to the Steam Electric Effluent Limitation
Guidelines (2015 ELG Rule) for the Roxboro Steam Electric Plant (Roxboro). The justification
demonstrated that the appropriate applicability date to comply with the more stringent best available
technology (BAT) limits for flue gas desulfurization (FGD) wastewater was December 31, 2023 and
bottom ash transport water (BATW) was April 30, 2021. This applicability date was used in the DRAFT
NPDES Permit for Roxboro issued on January 22, 2017.
On September 18, 2017, U.S. EPA issued a final rule postponing the compliance dates for the more
stringent BAT limits for BATW and FGD wastewater. As a result of that final rule, Duke is subnuttmg
this supplemental information and requesting that North Carolina Department of Environmental Quality
(NCDEQ) postpone the applicability date for the no discharge limit for BATW imposed in the
DRAFT permit and the limits for arsenic, mercury, nitrate/nitrite and selenium imposed on
internal Outfalls 010 and 011 until December 31, 2023 and include a permit reopener clause that
allows the permit to be modified to implement the revised ELGs in the event the U.S. EPA adopts
new compliance deadlines and/or further revisions to the rule.
BACKGROUND
On August 15, 2016, Duke submitted a written justification to NCDEQ regarding appropriate compliance
dates for the new best available technology (BAT) limits for bottom and fly ash transport water and flue
FGD wastewater discharged pursuant to Roxboro's NPDES permit Since that time, on August 11, 2017,
the EPA Administrator signed a letter announcing his decision to conduct a rulemaking to potentially
revise the new, more stringent BAT effluent limitations and pretreatment standards for existing sources
(PSES) in the 2015 ELG rule that apply to BATW and FGD wastewater. In a follow-up action, EPA filed
a motion on August 14`x' with the Fifth Circuit Court of Appeals to put portions of the ELG appeal on
hold, while EPA reconsiders certain ELG limits Within the motion, EPA stated its intent to conduct a
rulemaking to potentially revise the more stringent BAT effluent limitations and PSES for BATW and
FGD wastewater. This motion was granted by the Fifth Circuit Court of Appeals on August 22°a Based
on these actions by the EPA Administrator, Duke requested the removal of the no discharge limit for
BATW imposed in the DRAFT NPDES permit and the permit limits for arsenic, mercury, nitrate/mtnte
and selenium imposed on internal Outfalls 010 and 011 and associated applicability dates. However, in a
subsequent rulemaking (Postponement Rule), the earliest compliance date for the more stringent limits for
BATW and FGD wastewater were postponed for a period of two years (i.e. until November 1, 2020),
while EPA conducts a rulemaking potentially revising the limits (82 Fed Reg. 43,494 (Sept. 18, 2017)).

Ms. Teresa Rodriquez
NPDES Permit No. NC0003425
Page 2
Within the preamble of the Postponement Rule, EPA projects it will take approximately three years to
propose and finalize a new rule (Fall 2020) and anticipates that the next rulemaking will address the
compliance dates for the revised BAT limits for BATW and FGD wastewater in some fashion.
Furthermore, the intent of the Postponement Rule is to preserve the status quo and to avoid any
unnecessary expenditure for compliance with limitations and standards for FGD wastewater and BATW,
because those BAT determinations and associated limits may change as a result of further rulemaking (82
Fed. Reg. at 43,496 (Sept 18, 2017).
REQUESTED ACTION
Based on the Final Postponement Rule, Duke now respectfully requests that NCDEQ set the applicability
date for new FGD wastewater and BATW effluent limits as December 31, 2023. In addition, Duke
requests the inclusion of a reopener clause to allow the permit to be modified in the event U.S. EPA
revises the compliance deadlines and/or the limits for BATW and FGD wastewater Duke believes a
revised applicability date and reopener clause is appropriate because NCDEQ will need sufficient time to
modify the Roxboro NPDES permit to incorporate U S EPA's revised effluent limits after its new
rulemaking, and Duke will need sufficient time to develop and implement a compliance plan for those
new effluent limits. Even though capital projects are underway to meet the compliance obligations under
the North Carolina Coal Ash Management Act (LAMA) and Coal Combustion Residual (CCR) Rule,
additional planning and operational and maintenance (O&M) expense is required to comply with the no
discharge limit of BATW and to meet the more stringent BAT limits for FGD wastewater. Without a
revised applicability date, Duke would bear the planning and O&M costs to comply with limits that may
be determined inappropriate and unjustified.
If there are any questions, please feel free to contact Mr. Shannon Langley at [phone] or
[e-mail].
Sincere y,
\Pa1 Draov e mor Vice President
Environmental Health & Safety
cc• Lori Tollie/Filenet — via email
Shannon Langley — via email
Jason Haynes — Roxboro Plant Manager
Robert Howard — Roxboro Plant