/ / / west virginia department of environmental protection

Division ofWater andWasteManagement 60157thStreetSE Charleston,

WestVirginia 25304-2345 Phone: 304-926-0495 Fax: 304-926-0496 Joe Manchin III, Governor Randy C. Huffinan, Cabinet Secretary

www.wvdep.org July 28, 2008 PAUL W. TOMICZEK IR, REM,PE ARCELORMITTAL WEIRTON INC. 100PENNSYLVANIA AVE. WEI_TON, WV 26062
CERTIFIED RETURN RECEIPT REQUESTED Dear Permittee: Enclosed please find WV/NPDES Permit Number WV0003336 dated July 28, 2008. ArcelorMittal Weirton's comments were received by letter on April 25, 2008 and July 7, 2008 and the following is our response to these comments regarding the draft permit that went to public notice on February 26, 2008 and June 3, 2008. Comment No. 1 : Comment Letter 1 - Outlet 002 A compliance schedule was granted for phenolics, benzene, and lead at this outfall. HistoricalDMR data indicates the permittee can achieve the cyanide, copper, and zinc limits and a compliance schedule cannot be granted. See Section C.26. A compliance schedule could not be granted for fecal coliform because the agency has had water quality criteria for this pollutant since 1974 which is prior to 1978. Due to the StarKist ruling, eomp!iance schedules earmot be granted for pollutants which had criteria presreibed prior to 1978. Compliance issues with feca! coliform are being addressed through an administrative order. Comment No. 2 •Comment Letter I - Outlet 003 A compliance schedule could not be granted for fecal coliform because the agency has had water quality criteria for this pollutant since 1974 which is prior to 1978. Due to the StarKist ruling, compliance schedules cannot be granted for pollutants which had criteria presrcibed prior to 1978. Compliance issues with fecal coliform are being addressed through an administrative order. A monitoring waiver may be requested by the permittee in accordance with 40 CFR. !9_-i_fit modification request once appropriate information has been collected. While the agency understands the permittee's plight with potential false positives for bis(2-ethylhexyl) phthalate, regulations do not account for this, A mixing zone was granted for this pollutant which should resolve any potential compliance issues as a result of false positives. See Section C.26. Comment No. 3 : Comment Letter 1 - Outlet 004 A compliance schedule could not be granted for fecal coliform because the agency has had water quality criteria for this pollutantsinee 1974 which is prior to 1978. Due to the StarKist ruling, compliance schedules cannot be granted for pollutants which had criteria presrcibed prior to 1978. Compliance issues with fecal Promoting a healthy environment.//

/ PAUL W. TOMICZEK 111,REM,PE

Page 2 July 28, 2008
coliform are being addressed through an administrative order. Effluent limitations for lead and zinc have been revised at Outlet 004 as a result of revised instream hardnesss values due to the reduction of the discharge and its impact on Harmon Creek. See Section C.26. Comment No. 4 : Comment Letter 1 - Internal Outlets 102, 204, 404, and 504 These ouffalls have been eliminated from the permit. 

### Comment No. 5 : Comment Letter 1- Internal Outlet 203 Monitoring at this outfall shall remain inthe permit due to the compliance schedule imposed at the main discharge for chromium poUuants. Comment No. 6 : Comment Letter 1 - Outlet 004 pH Limits The pH limits are being imposed on a continuous basis to ensure that the discharge does not impact the water quality of Harmon Creek due to the discharge accounting for a large percentage of the flow in Harmon Creek. Comment No. 7 :Comment Letter 1
- Section C.23 Section C.23 has been revised to prohibit the discharge of such wastewaters. Comment No. 8 : Comment Letter 1
- Sections C.37 and C.38 Mixing zones are required to be verfied. Specific gravity evaluations are necessary to evaluate the density of the discharge for appropriate modeling of the mixing zone. Comment No. 9 : Comment Letter 2
- Outlet 002, Flow and WQBELs The only impact that discharge flow has on effluent limits is the amount of dilution granted in amixing zone. The mixing zone granted at Outlet 002 was based off of the available information provided by the permittee. Obviously, the discharge conditions have changed from the initial discharge conditions at the time of the study. However, this study is the only information the agency has to grant any mixing zone. The model used by the permittee in this study appears to be obsolete, as WVDEP and the USEPA were unable to locate it. As such, the agency could not make any adjustments to the model to check the impact on the predicted results from the study as a result of the reduced discharge flow. The agency recommends a more updated study using more current models and discharge information through a permit modification. Comment No. 10 : Comment Letter 2
- Outlet 002, Temperature See response to the previous comment. Also

_ resen any compliance issues • ri e _mltatlon. Comment No. 11 : Comment Letter 2
- Outlet 002, TSS As indicated, these limitations are technology-based and the agency believes the imposition ofthe limitations are necessary to ensure proper operation and maintenance of the treatment facilities. These limitations were also imposed in the previous permit. Comment No. 12 :Comment Letter 2 - Outlet 002, Iron

## PAUL

W.TOMICZEK

1II,REM,PE Page 3 July 28,2008
Thedetermination for the imposition of effluent limitations must be made on existing rules and regulation s. The agency cannot implement revisions and/or variances to water quality standards until they have been approved by EPA; The agency also cannot simply delay implementation of existing rules and regulations until they are formally revised. It should be noted that the Ohio River is now on the 303(d) list of impaired waters for iron. Therefore, no mixing zone will be able to be granted for iron even ifthe half-mile rule variance is approved by EPA. Comment No. 13 : Comment Letter 2
- Outlet 002, WQBELs and Phenolics See response to Comment No. 9 regarding mixing zones. ORSANCO has human health water quality criteria for total recoverable phenolies. The limitations in the permit are for total recoverable phenolics and not phenol. Comment No. 14 : Comment Letter 2 - Outlet 002, Fecal Coliform Data submitted by the permittee indicates reasonable potential, therefore, limits must be imposed. Comment No. 15 : Comment Letter 2
- Outlet 003, Fecal Coliform 

### Data submitted bythe permittee indicates reasonable potential, therefore, limits must be imposed. Comment No. 16 : Comment Letter 2
- Outlet 003, Bis (2-ethylhexyl) Phthalate The agency has granted amixing zone for this pollutant which has led to higher effluent limitations. These higher limitations will eliminate the possibilities of the permittee's claims ofpotential "false positives" and will eliminate any compliance issues due to this. There is still reasonable potential with the benefit of the mixing zone, therefore, the limits were imposed. Comment No. 17 : Comment Letter 2 - Outlet 003, WQBELs Compliance schedules were granted where necessary and appropriate. Comment No. 18 : Comment Letter 2- Outlet 003, Waivers Monitoring waivers may be granted where appropriate. There were deteeable levels of lead, silver, and nickel; therefore, the waiver was not granted. However, historical data has indicated non-detects for cadmium. Therefore the monitoring requirements for cadmium have been removed from the permit. However, the limits still apply and are prescribed in Section C.40 of the permit in accordance with the waiver procedures. Comment No. 19 : Comment Letter 2 - Outlet 003 Tr" Effluent limits must be prescribed to ensure compliance with technology based requirements as well water quality standards. Total chromium has technology based requirements while the trivalent and hexavalent forms of chromium have water quality criteria. Comment No. 20 : Comment Letter 2
- Outlet 004, Flow No mixing zone has been granted at Outlet 004. Therefore, water quality standards must be achieved at the discharge pipe. As such, the quantity of discharge flow has no impact on the reasonable potential assessment or effluent limitations derived.

## PAUL

W.TOMICZEK

IB, REM,PE Page 4 July 28, 2008
Comment No. 21 : Comment Letter 2 - Outlet 004, Temperature Administrative Order No. 6436 has been issued with the final permit which grants the permittee time to achieve the final requirements. Comment No. 22 : Comment Letter 2
- Outlet 004, Fecal Coliform Data submitted by the permittee indicates reasonable potential, therefore, limits must be imposed. Comment No. 23 : Comment Letter 2
- Outlet 004, Iron Effluent limitations were derived using the methodology in EPA's Technical Support Document. Effluent variability is accounted for in the development of WQBELs and can lead to lower average monthly limits and higher max daily limits. Comment No. 24 : Comment Letter 2
- Outlet 004, Fluoride Effluent data still exhibits reasonable potential and the limits must be imposed. Comment No. 25 : Comment Letter 2
- Outlet 004, Lead and Zinc See response to Comment No. 20. Comment No. 26 : Comment Letter 2
- Section C.16 The special monitoring conditions are not being granted atOutlet 004 because the discharge makes up a significant portion of Harmon Creek. This will ensure no degradation to Harmon Creek. Comment No. 27 : Comment Letter 2
- Section C.23 See response to Comment No. 7. Comment No. 28 : Comment Letter 2
- Section C.26 Effluent limits remain, therefore, this is still required. Comment No. 29 : Comment Letter 2 - Section C.36 Necessary due to imposition of limitations. Comment No. 30 : Comment " . ....... See response to Comment No. 8. Please note that aDischarge Monitoring Report (DMR) is to be completed and submitted to this Division each month. It is suggested that several copies of the enclosed DMR forms be made for your future use, as this Division does not supply permittees with DMR forms. Finally note that copies of all future correspondence regarding the permit including copies of DMRs must be forwarded to the Field Inspector and Field Supervisor at the following address:

## .ULW.TOMICZEK IN,REM,PE .'age 5 July 28, 2008 Department ofEnvironmental Protection

Environmental Enforcement • 131 A Peninsula Street Wheeling, WV 26003 

### Also,please note the attachment to this permit which describes the annual permit fee requirement. Reissuance ofyour permit does not change the annual fee billing cycle. Also, enclosed find Administrative Order No. 6436 for Permit No. WV0003336 requiring you to upgrade your treatment to meet the requirements of this Permit. If you have any questions, please contact Matt Sweeney; P.E. of this Division at (304) 926-0495.



### LAM:ms EnclosuresPermit Number: WV0003336

Permittee: ARCELORMITTAL WEIRTON INC.
cc: Env. Insp. Supv. Env. Insp. ORSANCO US EPASTATE OFWEST VIRGINIA DEPARTMENTOF ENVIRONMENTAL PROTECTION DIVISIONOFWATER ANDWASTE MANAGEMENT

601 57TH STREETSE CHARLESTON, WV25304-2345
NPDESPERMIT NO.: VVV0003336 SUBJECT: IndustrialWaste

LOCATION: WEIRTON - HANCOCK



### (city) See the next page for a list of Outlets. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WATER POLLUTION CONTROL PERMIT ISSUE DATE: July 28, 2008 EFFECTIVE• DATE :August 27, 2008 EXPIRATION DATE: July 27, 2013 SUPERSEDES: Permit No. WV0003336 dated February 28, 2003 Hancock Upper Ohio River 1 (County) (Drainage Basin)
TO WHOM IT MAY CONCERN: This is to certify that: ARCELORMITTAL WEIRTON INC. 100 PENNSYLVANIA AVE. WEIRTON, WV 26062 is hereby granted aWest Virginia NPDES Water Pollution Control Permit to: Operate and maintain disposal systems for the direct discharge of treated industrial wastes, non-contact and contact cooling water, and storm water through Outlets 002 and 003 into the Ohio River at Mile Points 62.0 and 62.9 respectively and through Outlet 004 into Harmon Creek, atributary of the Ohio River approximately 2.25 miles from its mouth. Also to operate and maintain an intake system (Outlet 097) for the withdrawal of water from the Ohio River. This permit is subject to the following terms and conditions : The information submitted on and with Permit Application No. WV0003336 dated the 5th day of March 2006 and additional•information dated the 30th day of May 2007 are hereby made terms and conditions of this Permit with like effect as if all such permit application information were set forth herein and with other conditions set forth in Sections A, B, C, and Appendix A. The validity of this permit is contingent upon the payment of the applicable annual permit fee, as required by Chapter 22, Article 11, Section 10 of the Code of West Virginia.0
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0.Page No.: 28 of 35 PermitNo.:WVOO03336 B. SCHEDULE OF COMPLIANCE t. The permitee shall achieve cornpliance with the provisions for waste treatment and the monitoring requirements specified in the permit in accordance with the following schedule • Effectivedate of permit. 2. Reports of compliance or non-compliance with, and progress reports on interim and final requirements contained in the above compliance schedule, ifany, shall be postmarked no later than 14 days following each schedule date.

## Page No.: 29 of35 Permit No.: WV0003336 Section C -Other Requirements 01. The permittee shall practice good housekeeping including maintaining the facility grounds. There shall be no scattered parts, equipment, debris, etc. Any and all drums shall be either stored in a covered area or kept upon pallets and properly sealed. 02. The issuance ofthis permit shall not relieve the permittee of the obligation to comply with any other federal, state or local laws. Compliance with this permit does not relieve the permittee from the obligation of Section 311 of the Clean Water Act. This permit does not authorize spills ofhazardous substances/wastes from any permitted outlet into waters of the State. Such incidents are to be reported in accordance with Sections IV. 1 and IV.2 ofAppendix A of this permit. 03. Upon review ofinformation submitted under terms and conditions of this permit, the permit may be modified to require additional effluent limitations/monitoring requirements and/or improved best management practices. 04. Debris collected on the intake trash racks shall not bereturned to the waterway. 05. 

### 06. Without prior approval from the agency, the permittee shall notaccept and treat wastewater from any other facility. The permittee shall submit each month according to the enclosed format, aDischarge Monitoring Report (DMR) indicating in terms of concentrati0n and/or quantities the values ofthe constituents listed in Section A analytically determined to be in the plant effluent(s). Additional information pertaining to effluent monitoring and reporting can be found in Section III ofAppendix A. 07. The required DMRs should bereceived no later than 20 daysfollowing the end ofthe reportingperiod and be addressed to: Director U.S. Environmental Protection Agency Division of Water and Waste Management Region III, Water Protection Division Permitting and Engineering Branch NPDES Enforcement Branch (3WP42) • 601 57th Street SE 1650 Arch Street Charleston, West Virginia 25304 Philadelphia, PA 19103 08. For any noncompliance reports tobe submitted inwriting by this permit, a copy shall also be forwarded to the EPA at the location specified under Condition C.7 ofthis permit. 09. Any "not detected (ND)" results by the permittee mustbe "ND" atthe method detection limit (MDL) for the test method used for that parameter and must be reported as lessthan the MDL used. The permittee may not report the result as zero, "ND", orreport the result as less than aminimum level (ML), reporting limit (RL), or practical quantitation limit (PQL).

10. When averaging values ofanalytical results forDMR reporting purposes formonthly averages, the permittee should use actual analytical results when theseresults are greater than or equal to the MDL and should use zero (0) when these results are less than the MDL. Ifall analytical results are non-detect atthe MDL (<MDL), then the permittee should use the actual MDL in the calculation for averaging andreport the result as less than the average calculation. In incidences where a specific test method is not defined, the permittee shall utilize an EPA approved method with a method detection limit (MDL) sensitive enough to confirmcompliance with the permit effluent limit for that parameter. Ira MDL is not sensitive enough to confirm compliance, the most sensitive approved method must be used. Ifa more sensitive EPA approved methodbecomes available, that method shall be used. Should the current and/or new method not be sensitive enough to confirm compliance with the permitted effluent limit, analytical results reported as "not detected" atthe MDL of the most sensitive method available will be deemed compliant for purposes ofpermit compliance, Results shall be reported on the Discharge Monitoring Reports as anumeric value less than the MDL. 11. The permittee shall notuse alternate DMRs without priorapproval from this Agency. 12. The Groundwater Protection Plan (GPP) shall be maintained at the plant site and shall be available for inspection by the Division ofWater and Waste Management personnel.Page No.: 30 of35 PermitNo.: WV0003336 

### Section C - Other Requirements 13. Thepermittee shall maintain andimplement the stormwaterpollution prevention plan (SWPPP) forthe site. The SWPPP shall be preparedin accordance with good engineering practices. The SWPPP shall identify potential sources ofpollution which may reasonably be expected toaffect the quality of stormwater discharges associated with the industrial activity. Inaddition, the plan shall describe and ensure the implementation of practices which are to be used to reduce the pollutants in stormwater dischargesassociated with the industrialactivity atthe facility and to assurecompliance with the terms and conditions ofthis permit. A copy of this document shall be retained at the site forreview uponrequest. 14. Without prior approvalfrom this agency, use ofintermediates, by-products, spent solvents orany othermaterials (except commercial gradematerials) containing pollutants that cannot be removed bythe wastewater treatment system is prohibited. 15.If there is evidence indicating potential orrealized impacts onwater quality due to any stormwater discharge associated with industrial activity covered bythis permit,the permitmay be promptly modified and/or reissued to include effluent limitations and/or otherrequirements tocontrol such stormwater discharges. 16.As this permit requires continuous monitoring ofthe pHsofthe effluent from Outlets 002 and 003, the permittee shall maintain the pHs of such effluents withinthe rangeof 6.0 - 9.0, except excursions fromthe range are permitted subject tothe following limitations, provided the discharges do notcause violations ofthe standards established in47 CSR 2, Section 8 ofthe West Virginia Legislative Rules: a. The total time during which the pH values are outside ofthe required ranges shall not exceed 7hours and 26 minutes in any calendarmonth, and; b. No individual excursion fromthe range ofpH values shall exceed 60 minutes. 17,The temperature difference as requiredin Section A.004 shall be calculated bytaking concurrent temperature readings of HarmonCreek approximately 50 meters upstreamand 50 meters downstream ofthe Outlet004 discharge location. 18. The permittee shallperform chronic toxicity tests as described below, onthe effluent fromOutlets 002, 003, and 004:

a. Such testing will determine ifan appropriatedilute effluent sample affects the survival orreproduction ofthe test species. 24-hour flow weighted composite samples ofthe effluent, as prescribed in Section A, shall be collected fortesting. An appropriate statistical testshall be used to determine whether differences in control and effluent dataare significant. 

### i)

ii) The permittee shall conduct athree brood (6-8 days) Ceriodaphnia Dubia survival and reproduction toxicity test on the f'mal effluent diluted by appropriate control water. Toxicity will be demonstrated if there is a Statistically significant difference at the 95 percent confident level in survival ofreproduction between Ceriodaphnia Dubia exposed to an appropriate control water and the final effluent. All test solutions shall be renewed using anapproved renewal schedule. If, in any control, more than 20% ofthe test organisms die, or less than 60% of surviving females in controls produced their third brood, that test shall be repeated. The permit-teeshall conduct a 7-day Pimephales Promelas fathead minnow larvalsurvival and growth toxicity teston the final effluent diluted by appropriatecontrol water. Toxicity will be demonstrated if there is a statistically significant difference atthe 95 percent confidence level in survival orgrowth between fathead minnows exposed to an appropriate control water and the final effluent. All test solutions shall be renewed using an approved renewal schedule. If, in any control, more than 20% of the test organisms die, or average dry weight of surviving controls was less than 0.25 mg/l that test shall be repeated.Page No.: 31 of35 PermitNo.: WV0003336 Section C -Other Requirements 18. b. Results shall be reportedinterms of chronic toxic units (TUc) andshall be submitted with the corresponding monthly Discharge Monitoring Report (DMR). 

### TUc = 100/NOECorNOEL WhereNOEC (orNOEL) isNoObservedEffectConcentration(orLevel),which isexpressed aspercent (volume)effluentindilutionwater. ForExample, ifNOEC is 10%,TUc= 100/10=10 When the effluent demonstratesno toxicity at 100% effluent (no observed effect), the permittee may report zero TUc.
C. d:

e° The monitoring required, herein, shall be conducted in accordance with the sample collection, preservation, and analytical procedures specified in 40 CFR 136. In addition tothe monitoring datareportingrequirements of40 CFR 136, the exact age of the testorganisms at the initiation ofthe test shall be reported. Values ofless than orequal to24 hours are acceptable for Pimephales Promelas, fathead minnow. The range ofthe Ceriodaphnia Dubia used mustbe reported as arange in hours. All Ceriodaphnia Dubia used inthe testmustbe less than 24 hours of age attest commencement. The age difference between the youngest andoldest Ceriodaphnia Dubia used in the testmust not exceed eight (8) hours, The chronic toxicity testing shall be performed as prescribed in Section A of thispermit. The firstchronic toxicity testing shall be carriedoutwithin 3 months fromthe effective dateofthis permit. There shall be a minimum of three (3) monthsbetween semi-annual sampling events. If chronic effluent toxicity testing shows noncompliance with the specified limitations prescribed in Section A, the permittee shall immediately resample and test the effluent. This shall be performed within 30 days ofthe initial demonstration ofnoncompliance with the whole effluent toxicity discharge limitations prescribed herein. Copies ofthe retesting results shall be provided tothe Director immediately upon completion of the test. Ifthe second test shows compliance, chronic effluent toxicity testing shall continue in accordance with the requirements, asprescribed herein. However, ifthe second test shows noncompliance, the Director shall impose furtherrequirements, asmay be necessary, in orderto obtain compliance with the chronic effluent toxicity discharge limitations. g. The Director may impose furtherrequirements shouldthe chronic effluent toxicity testing results demonstrate noncompliance. 19. This permit does notpermit any process related discharges from Internal Outlets 102, 204, and 404 subject to a federal effluent guideline. The permittee mustmodify this permitinthe futurepriorto recommencing operations that will cause aprocess related discharge subjectto afederal effluent guideline from these outfalls. 20. The Permittee shall submit an Annual Production Report summarizing the actualproduction of each unit for each month. This reportshall include the actualproduction fromthe unit foreach month and notthe potential production from the unit. Forexample, ifaunitwas in operation for only 2 shifts every day during amonth, then the production reported from the unit shouldreflect only2 shifts of operation foreach day ofthe month andshall not include the potential third shiftthat was not worked. Please findthe attached Annual Production Report that is to be used bythe Permittee. This reportis due onorbefore the 20th ofJanuaryeach calendar year. The permittee Shallrequest amodification ofthis permitto account forsignificant changes in production processes and/orproduct mix covered by the Iron andSteel Manufacturing effluent guidelines. ........ ' 21. The permittee shall utilize EPA Method No. 1664 A (gravimetric analysis using the hexane extractable method [HEM]) forthe analysis ofoil and grease. 22. The permittee may use Method OIA-1677 for the measurement offree cyanide so long as the laboratoryperforming the analysis is currently certified by West Virginia's LaboratoryQuality Assurance Program and as long as the method detection level 0VIDL)is low enough to demonstrate compliance with the effluent limitations prescribed within this permit. 23. There shall be no process wastewater discharged associated with cold rolling treated with descaling orcombination acid pickling from InternalOutfalls 103 and 104.Page No.: 32 of35 Permit No.: WV0003336 

### Section C -Other Requirements 24. Inlieu ofmonitoring requirement fortotal toxic organics, [TTO, as defined under40 CFR 433.12 (a)] the Permittee shall have the option ofmaking the following certification on orin submission with the discharge monitoring reports: "Based upon myinquiry ofthe person orpersons directly responsible formanaging compliance with the permit limitations fortotaltoxic organics, Icertify that, tothe best ofmy knowledge andbelief, no dumping of concentrated toxic organics into the wastewaters has occurred since filing the last discharge monitoring report. I furthercertify that this facility is implementing the toxic organic management plan submitted tothe Division of Waterand Waste Management." 25. The permittee may collect intake samples forTSS afterthe intake structureandprior totreatment, mixing, and distributionto anywhere in the facility. Compliance with net limits forTSS shall be based onthe TSS concentrations ofthe river water samplestaken atthe intake while taking samples atOutlets 002 and 003. Multiple grabsamples ofthe river water may be takenforthis purpose. 26. The Permittee shall submit aPlanofAction, within 90 days ofthe issuance ofthis permit, which outlines the measures the Permittee will take to achieve the final effluent limitations forOutlet 002 and003. The permittee shall submitQuarterlyProgress Reports thereafter summarizing the actions taken andany additional actions tobe taken in the futureto ensure compliance with the final effluent limitations. 27. The Division has startedto analyze the impacts ofnutrients upon water quality andwhether there is aneed to establish nutrientwater quality standards. •Therefore, the.Division shall impose effluent sampling for Total Nitrogen and Total Phosphorus in orderto assist inthis analysis. The Division recognizes there is not an EPA approved method to directly test forTotalNitrogen. The TotalNitrogen value tobe reported onthe permittee's Discharge Monitoring Reports (DMRs) shall be the sum ofthe following parameters; Total Kjeldahl Nitrogen, Nitrate and Nitrite. 28. Ifany portionofthe Permittee's discharge that is identified as being subject to Federal Effluent Guideline(s) andthe new orrevised requirements ofthe FederalEffluent Guideline(s) are notcurrently in this permit, the Director may reopen orreissue this permit to incorporate additional,more stringent requirements orlimitations. 29. In conformance with therequirements ofAppendix A, PartII, Section 5, Removed Substances, the permittee shall obtain approvalforthe disposal of any solids generated bythe wastewater treatmentplant. This approval shall be afforded in accordance with the provisions of Title 33, Series 2, ofthe Legislative Rules, accordingly, and 40 CFR Part503, as applicable. 30. As specified in Section A, semi annualmonitoring periods are Jan-JunandJul-Dec. Quarterlymonitoring periods areJan-Mar, Apr-Jun,Jul-Sep, andOct-Dec. 31. The permittee shall notify the operatorofits drinkingwater facility in case of an oil spill, release era toxic or noxious substance, oran irregularity orupset in the wastewater treatment process or effluent quality that could adversely affect the quality ofthe water atthe point ofthe intake ofthe downstream water supply in orderto allow the operatorofthe drinking water treatmentplant totake actions to address any intake water contaminiation incidents. 32. Effluent monitoring forthe following pollutants shall be conducted using the most sensitive methods and detection levels commercially available andeconomically feasible. The following methods are to be used unless the permittee desires touse anEPA Approved Test Method with a listed lower method detection level. Regardless, itis recognized that detection levels can varyfrom analysis toanalysis and that non-detect results atadifferent MDL for the specified testmethod would not constitute apermit violation. P'al"a_T_f o o.

_ Detection Level (ugh' ....

............................................................................... Copper, Total Recoverable 200.8 0.5 Lead, Total Recoverable 200.8 0.6 Zinc, Total Recoverable 200.8 1.8 Chromium, Dissolved Hexavalent 218.6 0.6 Chromium, Total 200.8 0.9 Nickel, Total Recoverable 200.8 0.5 Phenolics, Total Recoverable 420.1 5 Benzene 602 0.2 Bis (2-ethylhexyl) phthalate 606 2 Naphthalene 610 i. 8 Cyanide, Free Refer to Section C.22PermitNo.: WV0003336

Section C - Other Requirements 33. The analytical test procedures, setforth in 40 CFR Part 136, prescribe colorimetric methods for certain parameters. The digestion process for the performance of total recoverable isnot sufficient for the utilization ofa colorimetric procedure. Therefore, colorimetric procedures shall not be acceptable for the analysis ofparameters prescribed as totalrecoverable. 34. Inconformance with 40 CFR 122.44(a)(2), amonitoring waive_"may be grantedforpollutants not present in the discharge. Historical data has shown consistent non-detects for tetrachloroethylene atInternal Outfalls 103 and 104. As such, monitoring forthese pollutants hasbeen removed in accordance with 40 CFR 122.44 (a)(2). However, this regulation does not waive the permit limitations for allapplicable guideiine-listed pollutants. Therefore, amonitoring waiver is granted for the pollutants listed below; however, the limitations shall remain in effect as listed below. The permittee must Stillsample the pollutants listed below as part of the required testing for the next permit renewal application. The permittee'swaiver request for naphthalene atthese outfalls is denied, as thehistorical data has revealed detectable amounts ofthe pollutant. Any testing conducted by the permittee for these pollutants shall bein accordance with Sections C.9 and C. 10. Internal Outlet Pollutant Max Daily Limit 103 Tetrachlo=oethylene 0.577 Ibs/day 104 Tetrachlo=oethylene 0.062 ibs/day 35.Certaincharacteristics of sewage, industrial wastes, and other wastes cause pollution and are objectionable in all waters ofthe State. Therefore, the Secretary hasproclaimed that there are certain general conditions that arenot to be allowed in any of the waters ofthe State. Therefore, the effluent discharge fi'om the permittee's treatment facility shall not cause violation of anyofthe following conditions not allowed in State waters as stated below. a. Distinctly visible floating or settleable solids, suspended solids, scum, foam, oroily slicks; b. Deposits or sludge banks on the bottom; c. Odors in the vicinity ofthe waters; d. Taste or odor that would adversely affect the designated uses ofthe affected waters; e. Materials inConcentrationsthat areharmful, hazardous, ortoxic toman, animal, oraquatic life; £ Distinctly visible color; g. Concentrations ofbacteriathat mayimpair orinterferewith the designated uses ofthe affected waters; h. Requiring an unreasonable degree oftreatment forthe production ofpotable waterby modem water treatment processes as commonly employed; and i. Any other condition, including mdiological exposure, which adversely alters the integrity ofthe waters ofthe State including wetlands; no significant adverse impact to the chemical, physical, hydrologic, or biological components of aquatic ecosystems shall be allowed. 36. Currently, there is no EPA Test Method available for analyzing trivalent chromium. Compliance with the trivalent chromium effluent limitations prescribed in Section A shall be attainedthrough the following means: a. Ifactual results aremeasured in the total chromium and hexavalent chromium samples, the trivalent chromium level reported shall be reportedasthe difference between the total chromium result and the hexavalent __chromium

result. b. Ifresults for the total chromium and hexava en s ivalent chromium level reported shall be reported as less than the total chromium method detection.limit. c. Ifameasurable resultis obtained fortotalchromium and anon-detect resultis obtained forhexavalent chromium, the trivalent chromium level reportedshall be reported as less thanthe difference between the total chromium result andthe method detection limitforhexavalent chromium.Page No.: 34 of35 Permit No.: WV0003336 Section C - Other Requirements 37. During the low flow conditions in the Ohio River (August - September), the permittee shall verify the boundaries of the discharge plume fromOutlet002 within two years ofthe issuance dateof this permit. The permittee shall be requiredtocollect samples fortotalrecoverable copper, free cyanide, total recoverable iron,total recoverable lead, benzene, total recoverable zinc, andtotalrecoverable phenolics atzero (0) meters, 5 meters, 20 meters, 50 meters, 82 meters,200 meters, and 400 meters downstream ofOutlet 002 in the Ohio River. Samples shall be collected at the surface, middle, and bottomof theriver at5, 10, 15, 30, 50, and 82 metercross sections of the river. Each specific result (surface, middle, and bottom) shall be analyzed andreported separately. Additionally, the permit-tee shall collect acomposite sample from itsdischarge forthe above listed pollutants and acomposite sample forthe above listed pollutants upstreamand outside ofthe influence ofthe discharge from Outlet002 (upstream samples may be obtained bytakingsamples atOutlet 097). The permittee shall also record the receiving stream flow, discharge flow, receiving streamtemperature, discharge temperature, and measure the discharge and receiving streamdensities using ahydrometerusing ASTM Test Method D1429. All sampling prescribed herein shall be collected concurrently. Upon completion, the permittee shall submit the information to the WVDEP. 38. Duringthe low flow conditions in the Ohio River (August - September), the permittee shall verify the boundaries of the discharge plume from Outlet003 within two years ofthe issuance dateof this permit. The permittee shall be requiredtocollect samples forhexavalent chromium, total chromium, total recoverable copper, free cyanide, total recoverable cadmium, totalrecoverable lead, total recoverable nickel, total recoverable silver, total recoverable zinc, and bis(2-ethylhexyl) phthalateatzero (0) meters, 5 meters, 8.2 meters, 20 meters, 30 meters, 55 meters, and 82 meters downstream ofOutlet 003 in the Ohio River. Samples shall be collected atthe surface, iniddle, and bottomofthe river at5, 15, 30, 50, 60, and 82 meter cross sections ofthe river. Each specific result (surface, middle, and bottom) shall be analyzed and reported separately. Additionally, the permittee shall collect a composite sample from its discharge forthe above listed pollutants and acomposite sample forthe above listed pollutants upstream and outside ofthe influence ofthe discharge from Outlet 003 (upstream samples may be obtainedby taking samples atOutlet097). The permittee shall also recordthe receiving streamflow, discharge fl0w, receiving streamtemperature, discharge temperature, andmeasure the discharge andreceiving stream densities using ahydrometer usingASTM Test Method D1429. All sampling prescribed herein shall be collected concurrently. Upon completion, the permittee shall submitthe information tothe WVDEP. 39. Ninety daysafterthe issuance dateof this permit,the permittee shall be requiredto begin analyzing the specific gravity ofthe discharge from Outlet003 using ahydrometer using ASTM Test Method D1429 foraperiod of twelve months. The permittee shall be requiredto obtain samples on seven days (consecutive ornon-consecutive) in each month. Specific gravity shall be measured instantaneously from the discharge andthe temperature ofthe sample shall be recorded atthe time areading istaken from the hydrometer. Five separate samples shall be taken andanalyzed onthe day of sampling approximately one hour apart. The permittee shall submitthe results of a particularmonth as anattachmentto that month's corresponding Discharge Monitoring Report. Eachmonth's submittalshall include 35 different specific gravity readings along with their corresponding temperature results. 40. Inconformance with 40 CFR 122.44(a)(2) amonitoring waiver may be granted forpollutants notpresent in the discharge. Historical datahas shown consistent non-detects forthe following pollutant listed below. As such, monitoring forthis pollutanthas been removed in accordance with 40 CFR 122.44 (a)(2). However, this regulation does notwaive the permitlimitations forall applicable guideline-listed pollutants in 40 CFR433. Therefore, a monitoring waiver is granted forthe pollutantlisted below; however, the limitations shall remain in effect as listed below. Since the waiver requires that the limitation still be imposed and the water quality-based limitations are more stringent, those are the limits imposed. The permittee must still sample the pollutant listed below as part of the required testing forthe nextpermit renewal application. Any testing conducted by the permittee forthese pollutants shall be inaccordance with Sections C.9. C. 10:andC.32 .............. Concentration Limits Avgerage Max Pollutant Monthly Daily Cadmium, Total Recoverable 8.4 ug/l 18.9 ug/lPage No.: 35 of 35 PermitNo.: WV0003336

The herein-described activity is to be extended, modified, added to, made, enlarged, acquired, constructed or installed, and operated, used and maintained strictly in accordance with the terms and conditions of this permit, with the plans andspecifications submitted with Permit Application No. WV0003336; with the plan of maintenance and method ofoperation thereof submitted with such application(s); and with any applicable rules and regulations promulgated by the Environmental Quality Board and the Secretary of the Department ofEnvironmental Protection. Failure tocomply with the terms and conditions ofthis permit, with the plans and specifications submitted with Permit Application No. WV0003336; and with the plan ofmaintenance and method of operation thereof submitted with such application(s) shall constitute grounds for the revocation or suspension of this permit and the invocation of all the enforcement procedures set forth in Chapter 22, Article 11, or 15 of the Code ofWest Virginia. This permitis issued in accordance with the provisions of Chapter22, Article 11 and 12 and/0r 15 ofthe Code of West Virginia and is transferable under the terms of Section 11 of Article 11.0

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