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west virginia department of environmental protection

Divisionof Water andWaste Management

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.

100 PENNSYLVANIA 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 in the 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 a mixing 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 of the 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
PAULW.TOMICZEK1II,REM,PE

Page3

July28,2008

The determination 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 if the 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 by the 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 a mixing zone for this pollutant which has led to higher effluent limitations. These

higher limitations will eliminate the possibilities of the permittee's claims of potential "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.
PAULW.TOMICZEKIB, REM,PE

Page4

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 a Discharge 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.TOMICZEKIN,REM,PE

.'age 5

July 28, 2008

Department of Environmental 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 of your 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

Enclosures
Permit Number: WV0003336

Permittee: ARCELORMITTAL WEIRTON INC.

cc: Env. Insp. Supv.

Env. Insp.

ORSANCO

US EPA
STATE OF WEST VIRGINIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF WATER AND WASTE MANAGEMENT

601 57TH STREET SE

CHARLESTON, WV 25304-2345

NPDES PERMIT 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, a tributary 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.
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Page No.: 28 of 35

Permit No.: WVOO03336

B. SCHEDULE OF COMPLIANCE

t. The permitee shall achieve corn plia nce with the provisions for waste treatment and the monitoring

requirements specified in the permit in accordance with the following schedule •

Effective date of permit.

2. Reports of compliance or non-compliance with, and progress reports on interim and final requirements contained in

the above compliance schedule, if any, shall be postmarked no later than 14 days following each schedule date.
PageNo.:29of35

PermitNo.:WV0003336

Section C - Other Requirements

01. The permittee shall practicegood 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 of this 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 of hazardous 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 of Appendix

A of this permit.

03. Upon review of information 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 be returned to the waterway.

05.

06.

Without prior approval from the agency, the permittee shall not accept and treat wastewater from any other facility.

The permittee shall submit each month according to the enclosed format, a Discharge Monitoring Report (DMR)

indicating in terms of concentrati0n and/or quantities the values of the 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 of Appendix A.

07. The required DMRs should be received no later than 20 days following the end of the reporting period 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 to be submitted in writing by this permit, a copy shall also be forwarded to the EPA

at the location specified under Condition C.7 of this permit.

09. Any "not detected (ND)" results by the permittee must be "ND" at the method detection limit (MDL) for the test

method used for that parameter and must be reported as less than the MDL used. The permittee may not report the

result as zero, "ND", or report the result as less than a minimum level (ML), reporting limit (RL), or practical

quantitation limit (PQL).

10.

When averaging values of analytical results for DMR reporting purposes for monthly averages, the permittee should

use actual analytical results when these results are greater than or equal to the MDL and should use zero (0) when

these results are less than the MDL. If all analytical results are non-detect at the MDL (<MDL), then the permittee

should use the actual MDL in the calculation for averaging and report 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 confirm compliance 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" at the MDL of the most sensitive method available will be deemed compliant for

purposes of permit compliance, Results shall be reported on the Discharge Monitoring Reports as a numeric value

less than the MDL.

11. The permittee shall notuse alternate DMRs without prior approval 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 of Water and Waste Management personnel.
Page No.: 30 of 35

PermitNo.: WV0003336

Section C - Other Requirements

13. The permittee shall maintain and implement the storm water pollution prevention plan (SWPPP) for the site. The

SWPPP shall be prepared in accordance with good engineering practices. The SWPPP shall identify potential

sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated

with the industrial activity. In addition, the plan shall describe and ensure the implementation of practices which

are to be used to reduce the pollutants in storm water discharges associated with the industrial activity at the facility

and to assure compliance with the terms and conditions of this permit. A copy of this document shall be retained at

the site for review upon request.

14. Without prior approval from this agency, use of intermediates, by-products, spent solvents or any other materials

(except commercial grade materials) containing pollutants that cannot be removed by the wastewater treatment

system is prohibited.

15.If there is evidence indicating potential or realized impacts on water quality due to any storm water discharge

associated with industrial activity covered by this permit, the permit may be promptly modified and/or reissued to

include effluent limitations and/or other requirements to control such storm water discharges.

16. As this permit requires continuous monitoring of the pHs of the effluent from Outlets 002 and 003, the permittee

shall maintain the pHs of such effluents within the range of 6.0 - 9.0, except excursions from the range are

permitted subject to the following limitations, provided the discharges do not cause violations of the standards

established in 47 CSR 2, Section 8 of the West Virginia Legislative Rules:

a. The total time during which the pH values are outside of the required ranges shall not exceed 7 hours and 26

minutes in any calendar month, and;

b. No individual excursion from the range ofpH values shall exceed 60 minutes.

17, The temperature difference as required in Section A.004 shall be calculated by taking concurrent temperature

readings of Harmon Creek approximately 50 meters upstream and 50 meters downstream of the Outlet 004

discharge location.

18. The permittee shall perform chronic toxicity tests as described below, on the effluent from Outlets 002, 003, and

004:

a. Such testing will determine if an appropriate dilute effluent sample affects the survival or reproduction of the

test species. 24-hour flow weighted composite samples of the effluent, as prescribed in Section A, shall be

collected for testing. An appropriate statistical test shall be used to determine whether differences in control

and effluent data are significant.

i)

ii)

The permittee shall conduct a three 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 of reproduction

between Ceriodaphnia Dubia 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 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 larval survival and growth

toxicity test on the final effluent diluted by appropriate control water. Toxicity will be demonstrated if

there is a statistically significant difference at the 95 percent confidence level in survival or growth

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 of 35

PermitNo.: WV0003336

Section C - Other Requirements

18. b. Results shall be reported in terms of chronic toxic units (TUc) and shall be submitted with the corresponding

monthly Discharge Monitoring Report (DMR).

TUc= 100/NOEC orNOEL

Where NOEC (or NOEL) is No Observed Effect Concentration (or Level), which is expressed as percent

(volume) effluent in dilution water.

For Example, ifNOEC is 10%,TUc= 100/10=10

When the effluent demonstrates no 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 to the monitoring data reporting requirements of 40 CFR 136, the exact age of the test organisms at

the initiation of the test shall be reported. Values of less than or equal to 24 hours are acceptable for

Pimephales Promelas, fathead minnow. The range of the Ceriodaphnia Dubia used must be reported as a range

in hours. All Ceriodaphnia Dubia used in the test must be less than 24 hours of age at test commencement.

The age difference between the youngest and oldest Ceriodaphnia Dubia used in the test must not exceed eight

(8) hours,

The chronic toxicity testing shall be performed as prescribed in Section A of this permit. The first chronic

toxicity testing shall be carried out within 3 months from the effective date of this permit. There shall be a

minimum of three (3) months between 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 of the

initial demonstration of noncompliance with the whole effluent toxicity discharge limitations prescribed herein.

Copies of the retesting results shall be provided to the Director immediately upon completion of the test.

If the second test shows compliance, chronic effluent toxicity testing shall continue in accordance with the

requirements, as prescribed herein. However, if the second test shows noncompliance, the Director shall

impose further requirements, as may be necessary, in order to obtain compliance with the chronic effluent

toxicity discharge limitations.

g. The Director may impose further requirements should the chronic effluent toxicity testing results demonstrate

noncompliance.

19. This permit does not permit any process related discharges from Internal Outlets 102, 204, and 404 subject to a

federal effluent guideline. The permittee must modify this permit in the future prior to recommencing operations

that will cause a process related discharge subject to a federal effluent guideline from these outfalls.

20. The Permittee shall submit an Annual Production Report summarizing the actual production of each unit for each

month. This report shall include the actual production from the unit for each month and not the potential

production from the unit. For example, if a unit was in operation for only 2 shifts every day during a month, then

the production reported from the unit should reflect only 2 shifts of operation for each day of the month and shall

not include the potential third shift that was not worked. Please find the attached Annual Production Report that is

to be used by the Permittee. This report is due on or before the 20th of January each calendar year. The permittee

Shall request a modification of this permit to account for significant changes in production processes and/or product

mix covered by the Iron and Steel Manufacturing effluent guidelines. ........ '

21. The permittee shall utilize EPA Method No. 1664 A (gravimetric analysis using the hexane extractable method

[HEM]) for the analysis ofoil and grease.

22. The permittee may use Method OIA-1677 for the measurement of free cyanide so long as the laboratory performing

the analysis is currently certified by West Virginia's Laboratory Quality 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 or combination

acid pickling from Internal Outfalls 103 and 104.
Page No.: 32 of 35

Permit No.: WV0003336

Section C - Other Requirements

24. In lieu of monitoring requirement for total toxic organics, [TTO, as defined under 40 CFR 433.12 (a)] the Permittee

shall have the option of making the following certification on or in submission with the discharge monitoring

reports:

"Based upon my inquiry of the person or persons directly responsible for managing compliance with the permit

limitations for total toxic organics, I certify that, to the best of my knowledge and belief, no dumping of

concentrated toxic organics into the wastewaters has occurred since filing the last discharge monitoring report. I

further certify that this facility is implementing the toxic organic management plan submitted to the Division of

Water and Waste Management."

25. The permittee may collect intake samples for TSS after the intake structure and prior to treatment, mixing, and

distribution to anywhere in the facility. Compliance with net limits for TSS shall be based on the TSS

concentrations of the river water samples taken at the intake while taking samples at Outlets 002 and 003. Multiple

grab samples of the river water may be taken for this purpose.

26. The Permittee shall submit a Plan of Action, within 90 days of the issuance of this permit, which outlines the

measures the Permittee will take to achieve the final effluent limitations for Outlet 002 and 003. The permittee

shall submit Quarterly Progress Reports thereafter summarizing the actions taken and any additional actions to be

taken in the future to ensure compliance with the final effluent limitations.

27. The Division has started to analyze the impacts of nutrients upon water quality and whether there is a need to

establish nutrient water quality standards. •Therefore, the. Division shall impose effluent sampling for Total

Nitrogen and Total Phosphorus in order to assist in this analysis. The Division recognizes there is not an EPA

approved method to directly test for Total Nitrogen. The Total Nitrogen value to be reported on the permittee's

Discharge Monitoring Reports (DMRs) shall be the sum of the following parameters; Total Kjeldahl Nitrogen,

Nitrate and Nitrite.

28. If any portion of the Permittee's discharge that is identified as being subject to Federal Effluent Guideline(s) and the

new or revised requirements of the Federal Effluent Guideline(s) are not currently in this permit, the Director may

reopen or reissue this permit to incorporate additional, more stringent requirements or limitations.

29. In conformance with the requirements of Appendix A, Part II, Section 5, Removed Substances, the permittee shall

obtain approval for the disposal of any solids generated by the wastewater treatment plant. This approval shall be

afforded in accordance with the provisions of Title 33, Series 2, of the Legislative Rules, accordingly, and 40 CFR

Part 503, as applicable.

30. As specified in Section A, semi annual monitoring periods are Jan-Jun and Jul-Dec. Quarterly monitoring periods

are Jan-Mar, Apr-Jun, Jul-Sep, and Oct-Dec.

31. The permittee shall notify the operator of its drinking water facility in case of an oil spill, release era toxic or

noxious substance, or an irregularity or upset in the wastewater treatment process or effluent quality that could

adversely affect the quality of the water at the point of the intake of the downstream water supply in order to allow

the operator of the drinking water treatmentplant to take actions to address any intake water contaminiation

incidents.

32. Effluent monitoring for the following pollutants shall be conducted using the most sensitive methods and detection

levels commercially available and economically feasible. The following methods are to be used unless the

permittee desires to use an EPA Approved Test Method with a listed lower method detection level. Regardless, it is

recognized that detection levels can vary from analysis to analysis and that non-detect results at a different MDL for

the specified test method would not constitute a permit 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.22
PermitNo.: WV0003336

Section C - Other Requirements

33. The analytical test procedures, set forth in 40 CFR Part 136, prescribe colorimetric methods for certain parameters.

The digestion process for the performance of total recoverable is not sufficient for the utilization ofa colorimetric

procedure. Therefore, colorimetric procedures shall not be acceptable for the analysis of parameters prescribed as

total recoverable.

34. Inconformance with 40 CFR 122.44(a)(2), a monitoring waive_"may be granted for pollutants not present in the

discharge. Historical data has shown consistent non-detects for tetrachloroethylene at Internal Outfalls 103 and

104. As such, monitoring for these pollutants has been removed in accordance with 40 CFR 122.44 (a)(2).

However, this regulation does not waive the permit limitations for all applicable guideiine-listed pollutants.

Therefore, a monitoring 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's waiver request for naphthalene at these outfalls is denied, as

the historical data has revealed detectable amounts of the pollutant. Any testing conducted by the permittee for

these pollutants shall be in 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.Certain characteristics of sewage, industrial wastes, and other wastes cause pollution and are objectionable in all

waters of the State. Therefore, the Secretary has proclaimed that there are certain general conditions that are not to

be allowed in any of the waters of the State. Therefore, the effluent discharge fi'om the permittee's treatment facility

shall not cause violation of any of the following conditions not allowed in State waters as stated below.

a. Distinctly visible floating or settleable solids, suspended solids, scum, foam, or oily slicks;

b. Deposits or sludge banks on the bottom;

c. Odors in the vicinity of the waters;

d. Taste or odor that would adversely affect the designated uses of the affected waters;

e. Materials in Concentrations that are harmful, hazardous, or toxic to man, animal, or aquatic life;

£ Distinctly visible color;

g. Concentrations of bacteria that may impair or interfere with the designated uses of the affected waters;

h. Requiring an unreasonable degree of treatment for the production of potable water by modem water treatment

processes as commonly employed; and

i. Any other condition, including mdiological exposure, which adversely alters the integrity of the waters of the

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 attained through the following means:

a. If actual results are measured in the total chromium and hexavalent chromium samples, the trivalent chromium

level reported shall be reported as the difference between the total chromium result and the hexavalent

__chromiumresult.

b. If results 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. If a measurable result is obtained for total chromium and a non-detect result is obtained for hexavalent

chromium, the trivalent chromium level reported shall be reported as less than the difference between the total

chromium result and the method detection limit for hexavalent chromium.
Page No.: 34 of 35

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 from Outlet 002 within two years of the issuance date of this permit. The permittee shall be

required to collect samples for total recoverable copper, free cyanide, total recoverable iron, total recoverable lead,

benzene, total recoverable zinc, and total recoverable phenolics at zero (0) meters, 5 meters, 20 meters, 50 meters,

82 meters, 200 meters, and 400 meters downstream of Outlet 002 in the Ohio River. Samples shall be collected at

the surface, middle, and bottom of the river at 5, 10, 15, 30, 50, and 82 meter cross sections of the river. Each

specific result (surface, middle, and bottom) shall be analyzed and reported separately. Additionally, the permit-tee

shall collect a composite sample from its discharge for the above listed pollutants and a composite sample for the

above listed pollutants upstream and outside of the influence of the discharge from Outlet 002 (upstream samples

may be obtained by taking samples at Outlet 097). The permittee shall also record the receiving stream flow,

discharge flow, receiving stream temperature, discharge temperature, and measure the discharge and receiving

stream densities using a hydrometer using ASTM Test Method D1429. All sampling prescribed herein shall be

collected concurrently. Upon completion, the permittee shall submit the information to the WVDEP.

38. During the low flow conditions in the Ohio River (August - September), the permittee shall verify the boundaries of

the discharge plume from Outlet 003 within two years of the issuance date of this permit. The permittee shall be

required to collect samples for hexavalent chromium, total chromium, total recoverable copper, free cyanide, total

recoverable cadmium, total recoverable lead, total recoverable nickel, total recoverable silver, total recoverable

zinc, and bis(2-ethylhexyl) phthalate at zero (0) meters, 5 meters, 8.2 meters, 20 meters, 30 meters, 55 meters, and

82 meters downstream of Outlet 003 in the Ohio River. Samples shall be collected at the surface, iniddle, and

bottomofthe river at 5, 15, 30, 50, 60, and 82 meter cross sections of the 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 for the above listed pollutants and a composite sample for the above listed

pollutants upstream and outside of the influence of the discharge from Outlet 003 (upstream samples may be

obtained by taking samples at Outlet 097). The permittee shall also record the receiving stream flow, discharge

fl0w, receiving stream temperature, discharge temperature, and measure the discharge and receiving stream

densities using a hydrometer using ASTM Test Method D1429. All sampling prescribed herein shall be collected

concurrently. Upon completion, the permittee shall submit the information to the WVDEP.

39. Ninety days after the issuance date of this permit, the permittee shall be required to begin analyzing the specific

gravity of the discharge from Outlet 003 using a hydrometer using ASTM Test Method D1429 for a period of

twelve months. The permittee shall be required to obtain samples on seven days (consecutive or non-consecutive)

in each month. Specific gravity shall be measured instantaneously from the discharge andthe temperature of the

sample shall be recorded at the time a reading is taken from the hydrometer. Five separate samples shall be taken

and analyzed on the day of sampling approximately one hour apart. The permittee shall submit the results of a

particular month as an attachment to that month's corresponding Discharge Monitoring Report. Each month's

submittal shall include 35 different specific gravity readings along with their corresponding temperature results.

40. In conformance with 40 CFR 122.44(a)(2) a monitoring waiver may be granted for pollutants not present in the

discharge. Historical data has shown consistent non-detects for the following pollutant listed below. As such,

monitoring for this pollutant has been removed in accordance with 40 CFR 122.44 (a)(2). However, this regulation

does not waive the permit limitations for all applicable guideline-listed pollutants in 40 CFR 433. Therefore, a

monitoring waiver is granted for the pollutant listed 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 for the next permit renewal application. Any testing conducted by the permittee for these

pollutants shall be in accordance with Sections C.9. C. 10: and C.32 ..............

Concentration Limits

Avgerage Max

Pollutant Monthly Daily

Cadmium, Total Recoverable 8.4 ug/l 18.9 ug/l
Page No.: 35 of 35

Permit No.: 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 of operation 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 of Environmental Protection.

Failure to comply with the terms and conditions of this permit, with the plans and specifications submitted with

Permit Application No. WV0003336; and with the plan of maintenance 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 of West Virginia.

This permit is issued in accordance with the provisions of Chapter 22, Article 11 and 12 and/0r 15 of the Code of

West Virginia and is transferable under the terms of Section 11 of Article 11.
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