STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF WATER RESOURCES William R. Snodgrass - Tennessee Tower 312 Rosa L. Parks Avenue, 11th Floor Nashville, Tennessee 37243-1102 April 21, 2014 Mr. Regie Castellaw, P.E. General Manager e-copy: rcastellaw@budutil.com Brownsville Energy Authority PO Box 424 Brownsville, TN 38012 Subject: Draft of NPDES Permit No. TN0062367 Brownsville Energy Authority WWTP Brownsville, Haywood County, Tennessee Dear Mr. Castellaw: Enclosed please find a draft copy of the NPDES permit which the Division of Water Resources (the division) proposes to issue. This draft copy is furnished to you solely for your review of its provisions. This permit authorizes no wastewater discharges. The issuance of an official permit is contingent upon your meeting all of the requirements of the Tennessee Water Quality Control Act and the Rules and Regulations of the Water Quality, Oil and Gas Board. Also enclosed is a copy of the public notice that announces our intent to issue this permit. The notice affords the public an opportunity to review the draft permit and, if necessary, request a public hearing on this issuance process. If you disagree with the provisions and requirements contained in the draft permit, you have thirty-five days from the date of this correspondence to notify the division of your objections. If your objections cannot be resolved, you may appeal this permit upon issuance. This appeal should be filed in accordance with Section 693-110 of the Tennessee Code Annotated. If you have questions, please contact the Jackson Environmental Field Office at 1-888-891-TDEC; or, at this office, please contact Mr. Paul Higgins at (615) 532-1178 or by E-mail at Paul.Higgins@tn.gov. Sincerely, Vojin Janjić Manager, Water-Based Systems Enclosure cc: Permit File Jackson Environmental Field Office Mr. Scott Daniel, P. E., J. R. Wauford & Company, Consulting Engineers, Inc., scottd@jrwauford.com NPDES Section, NPDES Permit Section, EPA Region IV, r4npdespermits@epa.gov Mr. Jimmy West, Technical Specialist, TN Dept. of Economic & Community Development, Jimmy.West@tn.gov Mr. Gary Bullwinkel, , gbullwin@yahoo.com Ms. Jerilyn Thornton, , jpthorn10@aol.com Mr. J. Greg Davenport, P.E., Engineer, J.R. Wauford & Company Consulting Engineers, Inc., gregd@jrwauford.com Ms. Melissa Boner, Project Manager, J.R. Wauford & Company Consulting Engineers, Inc., melissab@jrwauford.com Ms. Mary D. Lonon, , 6761 Mercer Rd., Brownsville, TN 38012 No. TN0062367 Authorization to discharge under the National Pollutant Discharge Elimination System (NPDES) Issued By STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF WATER RESOURCES William R. Snodgrass - Tennessee Tower th 312 Rosa L. Parks Avenue, 11 Floor Nashville, Tennessee 37243-1102 Under authority of the Tennessee Water Quality Control Act of 1977 (T.C.A. 69-3-101 et seq.) and the delegation of authority from the United States Environmental Protection Agency under the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251, et seq.) Discharger: Brownsville Energy Authority WWTP is authorized to discharge: treated municipal wastewater discharged to a common Outfall 001 from dual trickling filter and lagoon treatment system with a proposed discharge to Outfall 001 from a future sequencing batch reactor replacing existing treatment and discharge systems (outfall location unchanged) from a facility located: in Brownsville, Haywood County, Tennessee to receiving waters named: Hatchie River at mile 76.3 in accordance with effluent limitations, monitoring requirements and other conditions set forth herein. This permit shall become effective on: This permit shall expire on: Issuance date: for Sandra K. Dudley, Ph.D., P.E. Director CN-0759 RDAs 2352 and 2366 TABLE OF CONTENTS ____________________________________________________________________________ Page 1.0. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS ................................ 1 1.1. NUMERIC AND NARRATIVE EFFLUENT LIMITATIONS APPLICABLE TO THE CURRENT TRICKLING FILTER PLANT CONFIGURATION (OUTFALL 001) ........................... 1 1.2. NUMERIC AND NARRATIVE EFFLUENT LIMITATIONS APPLICABLE TO THE FUTURE SEQUENCING BATCH REACTOR PROPOSED TO REPLACE THE DUAL TRICKLING FILTER AND SERVICE THE “MEMPHIS REGIONAL MEGASITE” (OUTFALL 001) 6 1.3. NUMERIC AND NARRATIVE EFFLUENT LIMITATIONS APPLICABLE TO ALL OUTFALLS AND DISCHARGES, AND ALSO UNDER EXISTING AND PROPOSED FUTURE CONFIGURATIONS ................................................................................................................... 9 1.4. MONITORING PROCEDURES ..................................................................................... 10 1.4.1. 1.4.2. 1.4.3. 1.4.4. 1.4.5. 1.5. Representative Sampling ....................................................................... 10 Sampling Frequency .............................................................................. 11 Test Procedures ..................................................................................... 11 Recording of Results .............................................................................. 12 Records Retention.................................................................................. 12 REPORTING ................................................................................................................. 12 1.5.1. 1.5.2. 1.5.3. 1.5.4. 1.5.5. Monitoring Results.................................................................................. 12 Additional Monitoring by Permittee ......................................................... 13 Falsifying Results and/or Reports ........................................................... 14 Monthly Report of Operation .................................................................. 14 Bypass and Overflow Reporting ............................................................. 14 1.5.5.1 Report Requirements .................................................................. 14 1.5.5.2 Anticipated Bypass Notification ................................................... 14 1.5.6. Reporting Less Than Detection .............................................................. 14 1.6. COMPLIANCE WITH SECTION 208 ............................................................................. 15 1.7. REOPENER CLAUSE ................................................................................................... 15 2.0. GENERAL PERMIT REQUIREMENTS ......................................................................... 16 2.1. GENERAL PROVISIONS .............................................................................................. 16 2.1.1. 2.1.2. 2.1.3. 2.1.4. Duty to Reapply ...................................................................................... 16 Right of Entry ......................................................................................... 16 Availability of Reports ............................................................................. 16 Proper Operation and Maintenance ........................................................ 16 i 2.1.5. 2.1.6. 2.1.7. 2.1.8. 2.2. CHANGES AFFECTING THE PERMIT ......................................................................... 17 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.3. Planned Changes ................................................................................... 17 Permit Modification, Revocation, or Termination .................................... 18 Change of Ownership............................................................................. 18 Change of Mailing Address .................................................................... 19 NONCOMPLIANCE ...................................................................................................... 19 2.3.1. 2.3.2. 2.3.3. 2.3.4. 2.3.5. 2.3.6. 2.3.7. 2.4. Treatment Facility Failure (Industrial Sources) ....................................... 17 Property Rights ...................................................................................... 17 Severability ............................................................................................. 17 Other Information ................................................................................... 17 Effect of Noncompliance ........................................................................ 19 Reporting of Noncompliance .................................................................. 19 Overflow ................................................................................................. 20 Upset...................................................................................................... 20 Adverse Impact ...................................................................................... 21 Bypass ................................................................................................... 21 Washout ................................................................................................. 22 LIABILITIES .................................................................................................................. 22 2.4.1. Civil and Criminal Liability ....................................................................... 22 2.4.2. Liability Under State Law ........................................................................ 22 3.0. PERMIT SPECIFIC REQUIREMENTS .......................................................................... 23 3.1. CERTIFIED OPERATOR .............................................................................................. 23 3.2. POTW PRETREATMENT PROGRAM GENERAL PROVISIONS ................................. 23 3.3. BIOSOLIDS MANAGEMENT PRACTICES ................................................................... 27 3.4. BIOMONITORING REQUIREMENTS, CHRONIC ......................................................... 28 3.5. PLACEMENT OF SIGNS .............................................................................................. 30 3.6. ANTIDEGRADATION .................................................................................................... 31 3.7. PRIORITY POLLUTANTS ............................................................................................. 31 4.0. DEFINITIONS AND ACRONYMS.................................................................................. 32 4.1. DEFINITIONS................................................................................................................ 32 4.2. ACRONYMNS AND ABBREVIATIONS ........................................................................ 35 ii RATIONALE INTRODUCTION ............................................................................................... R-1 RATIONALE ........................................................................................................................... R-1 1. FACILITY INFORMATION ............................................................................... R-1 2 RECEIVING STREAM INFORMATION............................................................ R-1 3 CURRENT PERMIT STATUS .......................................................................... R-2 4 NEW PERMIT LIMITATIONS AND COMPLIANCE SCHEDULE SUMMARY ... R-2 5 PREVIOUS PERMIT DISCHARGE MONITORING REPORT REVIEW ........... R-2 6 PROPOSED EFFLUENT LIMITS AND RATIONALE ....................................... R-3 6.1. 6.3. 6.4. 6.5. 6.6. 6.7. 6.8. 7 OTHER PERMIT REQUIREMENTS AND CONDITIONS ............................... R-12 7.1. 7.2. 7.3. 7.4. 7.5. 8 BOD5, Dissolved Oxygen, TSS and Percent Removals limits ............... R-5 Chlorination .......................................................................................... R-7 Total Nitrogen and Total Phosphorous Limitations ............................... R-8 E. coli Requirements ............................................................................ R-8 Biomonitoring ....................................................................................... R-9 Metals and Toxics, Pretreatment and Pass Through Limitations ........ R-10 Overflow and Bypass Reporting ......................................................... R-11 Certified Wastewater Treatment Operator .......................................... R-12 Collection System Certified Operator ................................................. R-12 Pretreatment Program ........................................................................ R-12 Biosolids/Sludge Management ........................................................... R-13 Permit Term ....................................................................................... R-13 ANTIDEGRADATION STATEMENT/WATER QUALITY STATUS ................. R-13 APPENDIX 1......................................................................................................................... R-15 APPENDIX 2......................................................................................................................... R-16 APPENDIX 3......................................................................................................................... R-19 APPENDIX 4......................................................................................................................... R-26 APPENDIX 5................................................................ R-ERROR! BOOKMARK NOT DEFINED. PJH TN0062367PMT.DOC iii Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 1 1.0. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS ____________________________________________________________________________ 1.1. NUMERIC AND NARRATIVE EFFLUENT LIMITATIONS APPLICABLE TO THE CURRENT TRICKLING FILTER PLANT CONFIGURATION (OUTFALL 001) The limits for the current trickling filter configuration under sub-part 1.1. shall apply until Brownsville Energy Authority (BEA) provides a formal written notice of the Initiation of Operation Date for the proposed Sequencing Batch Reactor Facility. The amount of time needed for startup of the new facility shall be at the discretion of the permittee. The limits in permit sub-part 1.2., applicable to the Sequencing Batch Reactor Facility, will become effective as of the first day of the month following the official Initiation of Operation Date. Written notice shall be submitted to the Division of Water Resources, Compliance and Enforcement Section, William R Snodgrass, Tennessee Tower, 312 Rosa L Parks Ave, Nashville, TN 37243 and copied to the Permitting Section and the Environmental Field Office – Jackson. The Brownsville Energy Authority is authorized to discharge treated municipal wastewater to a common outfall designated Outfall 001 from the combined discharge flows of a dual trickling filter wastewater treatment system (designated discharge 01B) and a lagoon wastewater treatment system (designated discharge 01A) to the Hatchie River at river mile 76.3. Discharge 01A consists of treated municipal wastewater from the lagoon treatment facility (also permitted under permit TN0075078) with a design capacity for this permit of 0.95 MGD and shall be limited and monitored by the permittee, prior to its mixing with discharges from the trickling filter system (01B), as specified below: Internal Outfall (Discharge) 01A (Lagoon) Monitoring: Effluent Gross, Season : All Year Parameter BOD, 5-day, 20 C Qualifier <= Value 515 Unit lb/d Sample Type Composite Frequency Weekly Statistical Base Daily Maximum BOD, 5-day, 20 C <= 357 lb/d Composite Weekly Monthly Average BOD, 5-day, 20 C <= 50 mg/L Composite Weekly Weekly Average BOD, 5-day, 20 C <= 396 lb/d Composite Weekly Weekly Average BOD, 5-day, 20 C <= 65 mg/L Composite Weekly Daily Maximum BOD, 5-day, 20 C <= 45 mg/L Composite Weekly Monthly Average Flow Report - Mgal/d Continuous Daily Monthly Average Flow Report - Mgal/d Continuous Daily Daily Maximum Total Suspended Solids (TSS) <= 792 lb/d Composite Weekly Monthly Average Total Suspended Solids (TSS) <= 100 mg/L Composite Weekly Monthly Average Total Suspended Solids (TSS) <= 110 mg/L Composite Weekly Weekly Average Total Suspended Solids (TSS) <= 872 lb/d Composite Weekly Weekly Average Total Suspended Solids (TSS) <= 951 lb/d Composite Weekly Daily Maximum Total Suspended Solids (TSS) <= 120 mg/L Composite Weekly Daily Maximum Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 2 Internal Outfall 01A (Discharge) (Lagoon) Monitoring: Raw Sew age Influent Season: All Year Parameter BOD, 5-day, 20 C Qualifier Report Value - Unit mg/L Sample Type Frequency Statistical Ba se Composite Weekly Monthly Average BOD, 5-day, 20 C Report - mg/L Composite Weekly Daily Maximum Flow Report - Mgal/d Continuous Daily Monthly Average Flow Report - Mgal/d Continuous Daily Daily Maximum Total Suspended Solids (TSS) Report - mg/L Composite Weekly Daily Maximum Total Suspended Solids (TSS) Report - mg/L Composite Weekly Monthly Average Internal Outfall 01A (Discharge) (Lagoon) Monitoring: Wet Weather Season: All Year Parameter Overflow use, occurrences Qualifier Value Unit Sample Type Report - occur/mo Occurrences Frequency Statistical Base Continuous Monthly Total Internal Outfall 01A (Discharge) (Lagoon) Monitoring: Dry Weather Season: All Year Parameter Overflow use, occurrences Qualifier Value Unit Sample Type Report - occur/mo Occurrences Frequency Statistical Base Continuous Monthly Total Internal Outfall 01A (Discharge) (Lagoon) Monitoring: All Weather Season: All Year Parameter Bypass of Treatment Qualifier Value Unit Sample Type Frequency Statistical Base Report - occur/mo Occurrences Continuous Monthly Total Internal Outfall 01A (Discharge) (Lagoon) Monitoring: Percent Removal Season: All Year Parameter BOD, 5-day, % removal Qualifier Value Unit Sample Type Frequency >= 65 % Calculated Weekly TSS, % removal >= 65 % Calculated Weekly Statistical Base Monthly Average Minimum Monthly Average Minimum Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 3 Discharge 01B consists of treated municipal wastewater from the dual trickling filter treatment facility with a design capacity for this permit of 1.08 MGD and shall be limited and monitored by the permittee, prior to its mixing with discharges from the lagoon system (01A), as specified below: Internal Outfall (Discharge) 01B (Trickling Filter) Monitoring: Effluent Gross Season: All Year Parameter Qualifier Value Unit Sample Type Frequency Three Per Week Statistical Base Monthly Average BOD, 5-day, 20 C <= 270 lb/d Composite BOD, 5-day, 20 C <= 360 lb/d Composite Three Per Week Weekly Average BOD, 5-day, 20 C <= 40 mg/L Composite Three Per Week Weekly Average BOD, 5-day, 20 C <= 45 mg/L Composite Three Per Week Daily Maximum BOD, 5-day, 20 C <= 30 mg/L Composite Three Per Week Monthly Average Flow Report - Mgal/d Continuous Daily Monthly Average Flow Report - Mgal/d Continuous Daily Daily Maximum Total Suspended Solids (TSS) <= 360 lb/d Composite Three Per Week Weekly Average Total Suspended Solids (TSS) <= 30 mg/L Composite Three Per Week Monthly Average Total Suspended Solids (TSS) <= 40 mg/L Composite Three Per Week Weekly Average Total Suspended Solids (TSS) <= 270 lb/d Composite Three Per Week Monthly Average Total Suspended Solids (TSS) <= 45 mg/L Composite Three Per Week Daily Maximum Parameter BOD, 5-day, 20 C Internal Outfall (Discharge) 01B (Trickling Filter) Monitoring: Raw Sew age Influent Season: All Year Qualifier Value Unit Sample Type Frequency Three Per Report mg/L Composite Week Statistical Base Monthly Average BOD, 5-day, 20 C Report - mg/L Composite Three Per Week Daily Maximum Flow Report - Mgal/d Continuous Daily Monthly Average Flow Report - Mgal/d Continuous Daily Daily Maximum Total Suspended Solids (TSS) Report - mg/L Composite Three Per Week Daily Maximum Total Suspended Solids (TSS) Report - mg/L Composite Three Per Week Monthly Average Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 4 Internal Outfall (Discharge) 01B (Trickling Filter) Monitoring: Wet Weather Season: All Year Parameter Overflow use, occurrences Qualifier Value Unit Sample Type Frequency Statistical Base Report - occur/mo Occurrences Continuous Monthly Total Internal Outfall (Discharge) 01B (Trickling Filter) Monitoring: Dry Weather Season: All Year Parameter Overflow use, occurrences Qualifier Value Unit Sample Type Frequency Statistical Base Report - occur/mo Occurrences Continuous Monthly Total Internal Outfall (Discharge) 01B (Trickling Filter) Monitoring: All Weather Season: All Year Parameter Bypass of Treatment Qualifier Value Unit Sample Type Frequency Statistical Base Report - occur/mo Occurrences Continuous Monthly Total Internal Outfall (Discharge) 01B (Trickling Filter) Monitoring: Percent Removal Season: All Year Parameter BOD, 5-day, % removal Qualifier Value Unit Sample Type Frequency Three Per Week Statistical Base Monthly Average Minimum >= 65 % Calculated BOD, 5-day, % removal >= 35 % Calculated Three Per Week Daily Minimum TSS, % removal >= 35 % Calculated Three Per Week Daily Minimum TSS, % removal >= 65 % Calculated Three Per Week Monthly Average Minimum Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 5 Discharge from Outfall 001 consists of the combined treated municipal wastewater discharges from the lagoon wastewater treatment facility (01A) and the dual trickling filter treatment facility (01B) with a combined design capacity for this permit of 2.03 MGD and shall be limited and monitored by the permittee as follows: External Outfall 001 Monitoring: Effluent Gross Season: All Year Parameter Chlorine, total residual (TRC) Qualifier Value Unit Sample Type Frequency Five Per Week Statistical Base Instantaneous Maximum <= 1.7 mg/L Grab E. coli <= 126 #/100mL Grab Three Per Week Monthly Geometric Mean E. coli <= 487 #/100mL Grab Three Per Week Daily Maximum Flow Report - Mgal/d Continuous Continuous Daily Maximum Flow Report - Mgal/d Continuous Continuous Monthly Average IC25 Static Renewal 7 Day Chronic Ceriodaphnia >= 1.0 % Composite Annual Minimum IC25 Static Renewal 7 Day Chronic Pimephales >= 1.0 % Composite Annual Minimum Nitrogen, total (as N) Report - lb/d Composite Quarterly Daily Maximum Nitrogen, total (as N) Report - mg/L Composite Quarterly Daily Maximum >= 1 mg/L Grab Five Per Week Instantaneous Minimum Phosphorus, total (as P) Report - lb/d Composite Quarterly Daily Maximum Phosphorus, total (as P) Report - mg/L Composite Quarterly Daily Maximum Settleable Solids <= 1 mL/L Grab Five Per Week Daily Maximum pH >= 6 SU Grab Five Per Week Minimum pH <= 9 SU Grab Five Per Week Maximum Oxygen, dissolved (DO) Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 6 1.2. NUMERIC AND NARRATIVE EFFLUENT LIMITATIONS APPLICABLE TO THE FUTURE SEQUENCING BATCH REACTOR PROPOSED TO REPLACE THE DUAL TRICKLING FILTER AND SERVICE THE “MEMPHIS REGIONAL MEGASITE” (OUTFALL 001) The limits for the current trickling filter configuration under sub-part 1.1. shall apply until Brownsville Energy Authority provides written notice of initiation of operation for the proposed Sequencing Batch Reactor Facility. The amount of time needed for start-up of the new facility shall be at the discretion of the permittee. The limits in permit sub-part 1.2., applicable to the Sequencing Batch Reactor Facility, will become effective as of the first day of the month following the official Initiation of Operation Date. Written notice of the Initiation of Operation Date shall be submitted to the Division of Water Resources, Compliance and Enforcement Section, William R Snodgrass, Tennessee Tower, 312 Rosa L Parks Ave, Nashville, TN 37243 and copied to the Permitting Section and the Environmental Field Office – Jackson. BEA is authorized to discharge treated municipal wastewater to Outfall 001. Outfall 001 consists of the discharge from a Sequencing Batch Reactor (SBR) with a design capacity of 4 MGD. The discharge consists of treated wastewater influent, approximately 1 MGD of which is domestic wastewater from the City of Brownsville and approximately 3 MGD of which is industrial wastewater from the Memphis Area Mega-site in Haywood County. Outfall 001 is at the same physical location at river mile 76.3 of the Hatchie River as the previous Outfall 001 for the combined Trickling Filter and Lagoon treatment systems discharge.. External Outfall : 001 Monitoring: Raw Sew age Influent Season: All Year Parameter CBOD, 5-day, 20 C Qualifier Report Value - Unit mg/L Sample Type Composite Frequency Statistical Base 3/Week Daily Maximum CBOD, 5-day, 20 C Report - mg/L Composite 3/Week Monthly Average Flow Report - Mgal/d Continuous Continuous Monthly Average Flow Report - Mgal/d Continuous Continuous Daily Maximum Total Suspended Solids (TSS) Report - mg/L Composite 3/Week Daily Maximum Total Suspended Solids (TSS) Report - mg/L Composite 3/Week Monthly Average External Outfall: 001 Monitoring: Percent Removal Season: All Year Parameter CBOD, 5-day, % removal Qualifier Value Unit Sample Type Frequency >= 85 % Calculated 3/Week TSS, % removal >= 85 % Calculated 3/Week Statistical Base Monthly Average Minimum Monthly Average Minimum Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 7 External Outfall: 001 Monitoring: Dry Weather Season: All Year Parameter Overflow use, occurrences Qualifier Value Unit Sample Type Frequency Statistical Base Report - occur/mo Occurrences Continuous Monthly Total External Outfall: 001 Monitoring: Wet Weather Season : All Year Parameter Overflow use, occurrences Qualifier Value Unit Sample Type Frequency Statistical Base Report - occur/mo Occurrences Continuous Monthly Total Additional limits on next page. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 8 External Outfall : 001 Monitoring: Effluent Gross Season: All Year Parameter CBOD, 5-day, 20 C Qualifier <= Value 24 Unit mg/L Sample Type Frequency Statistical Base Composite 3/Week Daily Maximum CBOD, 5-day, 20 C <= 16 mg/L Composite 3/Week Monthly Average CBOD, 5-day, 20 C <= 20 mg/L Composite 3/Week Weekly Average CBOD, 5-day, 20 C <= 542 lb/d Composite 3/Week Monthly Average CBOD, 5-day, 20 C <= 652 lb/d Composite 3/Week Weekly Average CBOD, 5-day, 20 C <= 795 lb/d Composite 3/Week Daily Maximum Cadmium, total (as Cd) <= .5 ug/L Grab Monthly Monthly Average Chlorine, total residual (TRC) <= .94 mg/L Grab Five Per Week Instantaneous Maximum Chromium, hexavalent (as Cr) <= 18.46 ug/L Grab Monthly Monthly Average Chromium, trivalent (as Cr) <= 124.77 ug/L Grab Monthly Monthly Average Copper, total (as Cu) <= 11.72 ug/L Grab Monthly Monthly Average E. coli <= 487 #/100mL Grab Three Per Week Daily Maximum E. coli <= 126 #/100mL Grab Three Per Week Monthly Geometric Mean Flow Report - Mgal/d Continuous Continuous Monthly Average Flow Report - Mgal/d Continuous Continuous Daily Maximum IC25 Static Renewal 7 Day Chronic Ceriodaphnia >= 2.0 % Composite Quarterly Minimum IC25 Static Renewal 7 Day Chronic Pimephales >= 2.0 % Composite Quarterly Minimum Lead, total (as Pb) <= 3.77 ug/L Grab Monthly Monthly Average Nickel, total (as Ni) <= 45.83 ug/L Grab Monthly Monthly Average Nitrogen, Ammonia total (as N) Report -- Mg/l Composite Three Per Week Daily Maximum Nitrogen, Ammonia total (as N) Report -- Mg/l Composite Three Per Week Weekly Average Nitrogen, Ammonia total (as N) Report -- Mg/l Composite Three Per Week Monthly Average Nitrogen, total (as N) Report - lb/d Composite Quarterly Daily Maximum Nitrogen, total (as N) Report - mg/L Composite Quarterly Daily Maximum Oxygen, dissolved (DO) >= 1 mg/L Grab Five Per Week Instantaneous Minimum Phosphorus, total (as P) Report - mg/L Composite Quarterly Daily Maximum Phosphorus, total (as P) Report - lb/d Composite Quarterly Daily Maximum Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 9 External Outfall : 001 Monitoring: Effluent Gross Season: All Year Qualifier Value Unit Sample Type Frequency Statistical Base Settleable Solids <= 1 mL/L Grab Five Per Week Daily Maximum Silver, total (as Ag) <= .39 ug/L Grab Monthly Monthly Average Total Suspended Solids (TSS) <= 45 mg/L Composite 3/Week Daily Maximum Total Suspended Solids (TSS) <= 30 mg/L Composite 3/Week Monthly Average Total Suspended Solids (TSS) <= 37 mg/L Composite 3/Week Weekly Average Total Suspended Solids (TSS) <= 1326 lb/d Composite 3/Week Daily Maximum Total Suspended Solids (TSS) <= 1232 lb/d Composite 3/Week Weekly Average Total Suspended Solids (TSS) <= 1062 lb/d Composite 3/Week Monthly Average Zinc, total (as Zn) <= 157.45 ug/L Composite Monthly Monthly Average pH >= 6 SU Grab Five Per Week Minimum pH <= 9 SU Grab Five Per Week Maximum Parameter 1.3. NUMERIC AND NARRATIVE EFFLUENT LIMITATIONS APPLICABLE TO ALL OUTFALLS AND DISCHARGES, AND ALSO UNDER EXISTING AND PROPOSED FUTURE CONFIGURATIONS General references for test methods may be found in permit Part 1.4.3. See Part 3.4 for biomonitoring test and reporting requirements. See next page for percent removal calculations. Total residual chlorine (TRC) monitoring shall be applicable when chlorine, bromine, or any other oxidants are added. The acceptable methods for analysis of TRC are any methods specified in Title 40 CFR, Part 136 as amended. The method detection level (MDL) for TRC shall not exceed 0.05 mg/l unless the permittee demonstrates that its MDL is higher. The permittee shall retain the documentation that justifies the higher MDL and have it available for review upon request. In cases where the permit limit is less that the MDL, the reporting of TRC at less than the MDL shall be interpreted to constitute compliance with the permit. The wastewater discharge must be disinfected to the extent that viable coliform organisms are effectively eliminated. The concentration of the E. coli group after disinfection shall not exceed 126 cfu per 100 ml as the geometric mean calculated on the actual number of samples collected and tested for E. coli within the required reporting period. The permittee may collect more samples than specified as the Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 10 monitoring frequency. Samples may not be collected at intervals of less than 12 hours. For the purpose of determining the geometric mean, individual samples having an E. coli group concentration of less than one (1) per 100 ml shall be considered as having a concentration of one (1) per 100 ml. In addition, the concentration of the E. coli group in any individual sample shall not exceed a specified maximum amount. A maximum daily limit of 487 colonies per 100 ml applies to lakes and exceptional Tennessee waters. There shall be no distinctly visible floating scum, oil or other matter contained in the wastewater discharge. The wastewater discharge must not cause an objectionable color contrast in the receiving stream. The wastewater discharge shall not contain pollutants in quantities that will be hazardous or otherwise detrimental to humans, livestock, wildlife, plant life, or fish and aquatic life in the receiving stream. Sludge or any other material removed by any treatment works must be disposed of in a manner that prevents its entrance into or pollution of any surface or subsurface waters. Additionally, the disposal of such sludge or other material must be in compliance with the Tennessee Solid Waste Disposal Act, TCA 68-31-101 et seq. and the Tennessee Hazardous Waste Management Act, TCA 68-46-101 et seq. For the purpose of evaluating compliance with the permit limits established herein, where certain limits are below the State of Tennessee published required detection levels (RDLs) for any given effluent characteristics, the results of analyses below the RDL shall be reported as Below Detection Level (BDL), unless in specific cases other detection limits are demonstrated to be the best achievable because of the particular nature of the wastewater being analyzed. For BOD5 or CBOD5 and TSS, removal efficiency is calculated on a monthly average basis. This is calculated by determining an average of all daily influent concentrations and comparing this to an average of all daily effluent concentrations. The formula for this calculation is as follows: 1- average of daily effluent concentration average of daily influent concentration 1.4. MONITORING PROCEDURES 1.4.1. Representative Sampling x 100% = % removal Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements is consistent with accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than plus or minus 10% from the true discharge rates throughout the range of expected discharge volumes. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 11 Samples and measurements taken in compliance with the monitoring requirements specified above shall be representative of the volume and nature of the monitored discharge, and shall be taken at the following location(s): Influent samples must be collected prior to mixing with any other wastewater being returned to the head of the plant, such as sludge return. Those systems with more than one influent line must collect samples from each and proportion the results by the flow from each line. Effluent samples must be representative of the wastewater being discharged and collected prior to mixing with any other discharge or the receiving stream. This can be a different point for different parameters, but must be after all treatment for that parameter or all expected change: a. The chlorine residual must be measured after the chlorine contact chamber and any dechlorination. It may be to the advantage of the permittee to measure at the end of any long outfall lines. b. Samples for E. coli can be collected at any point between disinfection and the actual discharge. c. The dissolved oxygen can drop in the outfall line; therefore, D.O. measurements are required at the discharge end of outfall lines greater than one mile long. Systems with outfall lines less than one mile may measure dissolved oxygen as the wastewater leaves the treatment facility. For systems with dechlorination, dissolved oxygen must be measured after this step and as close to the end of the outfall line as possible. d. Total suspended solids and settleable solids can be collected at any point after the final clarifier. e. Biomonitoring tests (if required) shall be conducted on final effluent. 1.4.2. Sampling Frequency Where the permit requires sampling and monitoring of a particular effluent characteristic(s) at a frequency of less than once per day or daily, the permittee is precluded from marking the “No Discharge” block on the Discharge Monitoring Report if there has been any discharge from that particular outfall during the period which coincides with the required monitoring frequency; i.e. if the required monitoring frequency is once per month or 1/month, the monitoring period is one month, and if the discharge occurs during only one day in that period then the permittee must sample on that day and report the results of analyses accordingly. 1.4.3. Test Procedures a. Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304 (h) of the Clean Water Act (the "Act"), as amended, under which such procedures may be required. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 12 b. Unless otherwise noted in the permit, all pollutant parameters shall be determined according to methods prescribed in Title 40, CFR, Part 136, as amended, promulgated pursuant to Section 304 (h) of the Act. c. Composite samples must be proportioned by flow at time of sampling. Aliquots may be collected manually or automatically. The sample aliquots must be maintained at ≤ 6 degrees Celsius during the compositing period. d. In instances where permit limits established through implementation of applicable water criteria are below analytical capabilities, compliance with those limits will be determined using the detection limits described in the TN Rules, Chapter 1200-4-3-.05(8). 1.4.4. Recording of Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date and time of sampling; b. The exact person(s) collecting samples; c. The dates and times the analyses were performed; d. The person(s) or laboratory who performed the analyses; e. The analytical techniques or methods used, and; f. 1.4.5. The results of all required analyses. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation shall be retained for a minimum of three (3) years, or longer, if requested by the Division of Water Resources. 1.5. REPORTING 1.5.1. Monitoring Results Monitoring results shall be recorded monthly and submitted monthly using Discharge Monitoring Report (DMR) forms supplied by the Division of Water Resources. Submittals shall be postmarked no later than 15 days after the completion of the reporting period. A completed DMR with an original signature shall be submitted to the following address: Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 13 STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF WATER RESOURCES COMPLIANCE & ENFORCEMENT SECTION William R. Snodgrass - Tennessee Tower 312 Rosa L. Parks Avenue, 11th Floor Nashville, Tennessee 37243-1102 A copy of the completed and signed DMR shall be mailed to the Jackson Environmental Field Office (EFO) at the following address: STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF WATER RESOURCES Jackson Environmental Field Office 1625 Hollywood Drive Jackson, Tennessee 38305 A copy should be retained for the permittee’s files. In addition, any communication regarding compliance with the conditions of this permit must be sent to the two offices listed above. The first DMR is due on the 15th of the month following permit effectiveness. The first DMR for the proposed new Sequencing Batch Reactor discharge is due on the th 15 of the month following the first operational month after the notice of Initiation of Operation. DMRs and any other information or report must be signed and certified by a responsible corporate officer as defined in 40 CFR 122.22, a general partner or proprietor, or a principal municipal executive officer or ranking elected official or his duly authorized representative. Such authorization must be submitted in writing and must explain the duties and responsibilities of the authorized representative. The electronic submission of DMR data will be accepted only if formally approved beforehand by the division. For purposes of determining compliance with this permit, data approved by the division to be submitted electronically is legally equivalent to data submitted on signed and certified DMR forms. 1.5.2. Additional Monitoring by Permittee If the permittee monitors any pollutant specifically limited by this permit more frequently than required at the location(s) designated, using approved analytical methods as specified herein, the results of such monitoring shall be included in the calculation and reporting of the values required in the DMR form. Such increased frequency shall also be indicated on the form. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 14 1.5.3. Falsifying Results and/or Reports Knowingly making any false statement on any report required by this permit or falsifying any result may result in the imposition of criminal penalties as provided for in Section 309 of the Federal Water Pollution Control Act, as amended, and in Section 69-3-115 of the Tennessee Water Quality Control Act. 1.5.4. Monthly Report of Operation Monthly operational reports shall be submitted on standard forms to the appropriate Division of Water Resources Environmental Field Office in Jackson, Nashville, Chattanooga, Columbia, Cookeville, Memphis, Johnson City, or Knoxville. Reports shall be submitted by the 15th day of the month following data collection. 1.5.5. Bypass and Overflow Reporting 1.5.5.1 Report Requirements A summary report of known or suspected instances of overflows in the collection system or bypass of wastewater treatment facilities shall accompany the Discharge Monitoring Report. The report must contain the date and duration of the instances of overflow and/or bypassing and the estimated quantity of wastewater released and/or bypassed. The report must also detail activities undertaken during the reporting period to (1) determine if overflow is occurring in the collection system, (2) correct those known or suspected overflow points and (3) prevent future or possible overflows and any resulting bypassing at the treatment facility. On the DMR, the permittee must report the number of sanitary sewer overflows, dryweather overflows and in-plant bypasses separately. Three lines must be used on the DMR form, one for sanitary sewer overflows, one for dry-weather overflows and one for in-plant bypasses. 1.5.5.2 Anticipated Bypass Notification If, because of unavoidable maintenance or construction, the permittee has need to create an in-plant bypass which would cause an effluent violation, the permittee must notify the division as soon as possible, but in any case, no later than 10 days prior to the date of the bypass. 1.5.6. Reporting Less Than Detection A permit limit may be less than the accepted detection level. If the samples are below the detection level, then report “BDL” or “NODI =B” on the DMRs. The permittee must use the correct detection levels in all analytical testing required in the permit. The required detection levels are listed in the Rules of the Department of Environment and Conservation, Division of Water Resources, Chapter 1200-4-3.05(8). For example, if the limit is 0.02 mg/l with a detection level of 0.05 mg/l and detection is shown; 0.05 mg/l must be reported. In contrast, if nothing is detected reporting “BDL” or “NODI =B” is acceptable. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 15 1.6. COMPLIANCE WITH SECTION 208 The limits and conditions in this permit shall require compliance with an area-wide waste treatment plan (208 Water Quality Management Plan) where such approved plan is applicable. 1.7. REOPENER CLAUSE This permit shall be modified, or alternatively revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 307(a)(2) and 405(d)(2)(D) of the Clean Water Act, as amended, if the effluent standard, limitation or sludge disposal requirement so issued or approved: a. Contains different conditions or is otherwise more stringent than any condition in the permit; or b. Controls any pollutant or disposal method not addressed in the permit. c. The terms and conditions of this permit are being made based on certain assumptions concerning the design and operation of the Memphis Area Megasite and South Sequencing Batch Reactor Plant. The Division reserves the right to reopen the permit if any of these design and operation assumptions prove to be inaccurate. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 16 2.0. GENERAL PERMIT REQUIREMENTS ____________________________________________________________________________ 2.1. GENERAL PROVISIONS 2.1.1. Duty to Reapply Permittee is not authorized to discharge after the expiration date of this permit. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information and forms as are required to the Director of the Division of Water Resources (the "director") no later than 180 days prior to the expiration date. Such forms shall be properly signed and certified. 2.1.2. Right of Entry The permittee shall allow the director, the Regional Administrator of the U.S. Environmental Protection Agency, or their authorized representatives, upon the presentation of credentials: a. To enter upon the permittee's premises where an effluent source is located or where records are required to be kept under the terms and conditions of this permit, and at reasonable times to copy these records; b. To inspect at reasonable times any monitoring equipment or method or any collection, treatment, pollution management, or discharge facilities required under this permit; and c. To sample at reasonable times any discharge of pollutants. 2.1.3. Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Water Pollution Control Act, as amended, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Resources. As required by the Federal Act, effluent data shall not be considered confidential. 2.1.4. Proper Operation and Maintenance a. The permittee shall at all times properly operate and maintain all facilities and systems (and related appurtenances) for collection and treatment which are installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance also includes adequate laboratory and process controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems, which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Backup continuous pH and flow monitoring equipment are not required. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 17 b. Dilution water shall not be added to comply with effluent requirements to achieve BCT, BPT, BAT and or other technology based effluent limitations such as those in State of Tennessee Rule 1200-4-5-.09. 2.1.5. Treatment Facility Failure (Industrial Sources) The permittee, in order to maintain compliance with this permit, shall control production, all discharges, or both, upon reduction, loss, or failure of the treatment facility, until the facility is restored or an alternative method of treatment is provided. This requirement applies in such situations as the reduction, loss, or failure of the primary source of power. 2.1.6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. 2.1.7. Severability The provisions of this permit are severable. If any provision of this permit due to any circumstance, is held invalid, then the application of such provision to other circumstances and to the remainder of this permit shall not be affected thereby. 2.1.8. Other Information If the permittee becomes aware of failure to submit any relevant facts in a permit application, or of submission of incorrect information in a permit application or in any report to the director, then the permittee shall promptly submit such facts or information. 2.2. CHANGES AFFECTING THE PERMIT 2.2.1. Planned Changes The permittee shall give notice to the director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants, which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1). Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 18 2.2.2. Permit Modification, Revocation, or Termination a. This permit may be modified, revoked and reissued, or terminated for cause as described in 40 CFR 122.62 and 122.64, Federal Register, Volume 49, No. 188 (Wednesday, September 26, 1984), as amended. b. The permittee shall furnish to the director, within a reasonable time, any information which the director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the director, upon request, copies of records required to be kept by this permit. c. If any applicable effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established for any toxic pollutant under Section 307(a) of the Federal Water Pollution Control Act, as amended, the director shall modify or revoke and reissue the permit to conform to the prohibition or to the effluent standard, providing that the effluent standard is more stringent than the limitation in the permit on the toxic pollutant. The permittee shall comply with these effluent standards or prohibitions within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified or revoked and reissued to incorporate the requirement. d. The filing of a request by the permittee for a modification, revocation, reissuance, termination, or notification of planned changes or anticipated noncompliance does not halt any permit condition. 2.2.3. Change of Ownership This permit may be transferred to another party (provided there are neither modifications to the facility or its operations, nor any other changes which might affect the permit limits and conditions contained in the permit) by the permittee if: a. The permittee notifies the director of the proposed transfer at least 30 days in advance of the proposed transfer date; b. The notice includes a written agreement between the existing and new permittees containing a specified date for transfer of permit responsibility, coverage, and liability between them; and c. The director, within 30 days, does not notify the current permittee and the new permittee of his intent to modify, revoke or reissue, or terminate the permit and to require that a new application be filed rather than agreeing to the transfer of the permit. Pursuant to the requirements of 40 CFR 122.61, concerning transfer of ownership, the permittee must provide the following information to the division in their formal notice of intent to transfer ownership: 1) the NPDES permit number of the subject permit; 2) the effective date of the proposed transfer; 3) the name and address of the transferor; 4) the name and address of the transferee; 5) the names of the responsible parties for both the transferor and transferee; 6) a statement that the Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 19 transferee assumes responsibility for the subject NPDES permit; 7) a statement that the transferor relinquishes responsibility for the subject NPDES permit; 8) the signatures of the responsible parties for both the transferor and transferee pursuant to the requirements of 40 CFR 122.22(a), “Signatories to permit applications”; and, 9) a statement regarding any proposed modifications to the facility, its operations, or any other changes which might affect the permit limits and conditions contained in the permit. 2.2.4. Change of Mailing Address The permittee shall promptly provide to the director written notice of any change of mailing address. In the absence of such notice the original address of the permittee will be assumed to be correct. 2.3. NONCOMPLIANCE 2.3.1. Effect of Noncompliance All discharges shall be consistent with the terms and conditions of this permit. Any permit noncompliance constitutes a violation of applicable state and federal laws and is grounds for enforcement action, permit termination, permit modification, or denial of permit reissuance. 2.3.2. Reporting of Noncompliance a. 24-Hour Reporting In the case of any noncompliance which could cause a threat to public drinking supplies, or any other discharge which could constitute a threat to human health or the environment, the required notice of non-compliance shall be provided to the Division of Water Resources in the appropriate Environmental Field Office within 24-hours from the time the permittee becomes aware of the circumstances. (The Environmental Field Office should be contacted for names and phone numbers of environmental response team). A written submission must be provided within five days of the time the permittee becomes aware of the circumstances unless the director on a case-by-case basis waives this requirement. The permittee shall provide the director with the following information: i. A description of the discharge and cause of noncompliance; ii. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and iii. The steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b. Scheduled Reporting Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 20 For instances of noncompliance which are not reported under subparagraph 2.3.2.a above, the permittee shall report the noncompliance on the Discharge Monitoring Report. The report shall contain all information concerning the steps taken, or planned, to reduce, eliminate, and prevent recurrence of the violation and the anticipated time the violation is expected to continue. 2.3.3. Overflow a. "Overflow" means any release of sewage from any portion of the collection, transmission, or treatment system other than through permitted outfalls. b. Overflows are prohibited. c. The permittee shall operate the collection system so as to avoid overflows. No new or additional flows shall be added upstream of any point in the collection system, which experiences chronic overflows (greater than 5 events per year) or would otherwise overload any portion of the system. d. Unless there is specific enforcement action to the contrary, the permittee is relieved of this requirement after: 1) an authorized representative of the Commissioner of the Department of Environment and Conservation has approved an engineering report and construction plans and specifications prepared in accordance with accepted engineering practices for correction of the problem; 2) the correction work is underway; and 3) the cumulative, peak-design, flows potentially added from new connections and line extensions upstream of any chronic overflow point are less than or proportional to the amount of inflow and infiltration removal documented upstream of that point. The inflow and infiltration reduction must be measured by the permittee using practices that are customary in the environmental engineering field and reported in an attachment to a Monthly Operating Report submitted to the local TDEC Environmental Field Office. The data measurement period shall be sufficient to account for seasonal rainfall patterns and seasonal groundwater table elevations. e. In the event that more than 5 overflows have occurred from a single point in the collection system for reasons that may not warrant the self-imposed moratorium or completion of the actions identified in this paragraph, the permittee may request a meeting with the Division of Water Resources EFO staff to petition for a waiver based on mitigating evidence. 2.3.4. Upset a. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. An upset shall constitute an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the permittee demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that: Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 21 i. An upset occurred and that the permittee can identify the cause(s) of the upset; ii. The permitted facility was at the time being operated in a prudent and workman-like manner and in compliance with proper operation and maintenance procedures; iii. The permittee submitted information required under "Reporting of Noncompliance" within 24-hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days); and iv. The permittee complied with any remedial measures required under "Adverse Impact." 2.3.5. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to the waters of Tennessee resulting from noncompliance with this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 2.3.6. Bypass a. "Bypass" is the intentional diversion of waste streams from any portion of a treatment facility. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypasses are prohibited unless all of the following 3 conditions are met: i. The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; ii. There are no feasible alternatives to bypass, such as the construction and use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass, which occurred during normal periods of equipment downtime or preventative maintenance; iii. The permittee submits notice of an unanticipated bypass to the Division of Water Resources in the appropriate Environmental Field Office within 24 hours of becoming aware of the bypass (if this information is provided orally, a written submission must be provided within five days). When the need for the bypass is foreseeable, prior notification shall be submitted to the director, if possible, at least 10 days before the date of the bypass. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 22 c. Bypasses not exceeding permit limitations are allowed only if the bypass is necessary for essential maintenance to assure efficient operation. All other bypasses are prohibited. Allowable bypasses not exceeding limitations are not subject to the reporting requirements of 2.3.6.b.iii, above. 2.3.7. Washout a. For domestic wastewater plants only, a "washout" shall be defined as loss of Mixed Liquor Suspended Solids (MLSS) of 30.00% or more. This refers to the MLSS in the aeration basin(s) only. This does not include MLSS decrease due to solids wasting to the sludge disposal system. A washout can be caused by improper operation or from peak flows due to infiltration and inflow. b. A washout is prohibited. If a washout occurs the permittee must report the incident to the Division of Water Resources in the appropriate Environmental Field Office within 24 hours by telephone. A written submission must be provided within five days. The washout must be noted on the discharge monitoring report. Each day of a washout is a separate violation. 2.4. LIABILITIES 2.4.1. Civil and Criminal Liability Except as provided in permit conditions for "Bypassing," “Overflow,” and "Upset," nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Notwithstanding this permit, the permittee shall remain liable for any damages sustained by the State of Tennessee, including but not limited to fish kills and losses of aquatic life and/or wildlife, as a result of the discharge of wastewater to any surface or subsurface waters. Additionally, notwithstanding this Permit, it shall be the responsibility of the permittee to conduct its wastewater treatment and/or discharge activities in a manner such that public or private nuisances or health hazards will not be created. 2.4.2. Liability Under State Law Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or the Federal Water Pollution Control Act, as amended. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 23 3.0. PERMIT SPECIFIC REQUIREMENTS ____________________________________________________________________________ 3.1. CERTIFIED OPERATOR The waste treatment facilities shall be operated under the supervision of a certified wastewater treatment operator and the collection system shall be operated under the supervision of a certified collection system operator in accordance with the Water Environmental Health Act of 1984. 3.2. POTW PRETREATMENT PROGRAM GENERAL PROVISIONS As an update of information previously submitted to the division, the permittee will undertake the following activity. a. The permittee has been delegated the primary responsibility and therefore becomes the "control authority" for enforcing the 40 CFR 403 General Pretreatment Regulations. Where multiple plants are concerned the permittee is responsible for the Pretreatment Program for all plants within its jurisdiction. The permittee shall implement and enforce the Industrial Pretreatment Program in accordance with Section 403(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR 403, Tennessee Water Quality Control Act Part 63-3-123 through 63-3-128, and the legal authorities, policies, procedures, and financial provisions contained in its approved Pretreatment Program, except to the extent this permit imposed stricter requirements. Such implementation shall require but not limit the permittee to do the following: i. Carry out inspection, surveillance, and monitoring procedures which will determine, independent of information supplied by the industrial user (IU), whether the IU is in compliance with the pretreatment standards; ii. Require development, as necessary, of compliance schedules for each IU for the installation of control technologies to meet applicable pretreatment standards; iii. Require all industrial users to comply with all applicable monitoring and reporting requirements outlined in the approved pretreatment program and IU permit; iv. Maintain and update, as necessary, records identifying the nature and character of industrial user discharges, and retain such records for a minimum of three (3) years; v. Obtain appropriate remedies for noncompliance by an IU with any pretreatment standard and/or requirement; Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 24 vi. Publish annually, pursuant to 40 CFR 403.8 (f)(2)(viii), a list of industrial users that have significantly violated pretreatment requirements and standards during the previous twelve-month period. vii. Maintain an adequate revenue structure for continued operation of the pretreatment program. viii. Update its Industrial Waste Survey at least once every five years. Results of this update shall be submitted to the Division of Water Resources, Pretreatment Section within 120 days of the effective date of this permit, unless such a survey has been submitted within 3 years of the effective date. ix. Submit a written technical evaluation of the need to revise local limits within 120 days of the effective date of this permit to the state pretreatment program coordinator. The evaluation shall include the most recent passthrough limits proposed by the division. The technical evaluation shall be based on practical and specialized knowledge of the local program and not be limited by a specified written format. x. Re-evaluate, and revise as needed, the local limits associated with the implementation of the ‘proposed configuration’ including the effluent from the automotive complex and the replacement of the trickling filter plant and lagoon facility discharges. The written evaluation and calculations must be submitted to the division’s pretreatment section for approval at least 60 days prior to the initiation of operation of the proposed system (Sequencing Batch Reactor). b. The permittee shall enforce 40 CFR 403.5, "prohibited discharges". Pollutants introduced into the POTW by a non-domestic source shall not cause pass through or interference as defined in 40 CFR Part 403.3. These general prohibitions and the specific prohibitions in this section apply to all non-domestic sources introducing pollutants into the POTW whether the source is subject to other National Pretreatment Standards or any state or local pretreatment requirements. Specific prohibitions. Under no circumstances shall the permittee allow introduction of the following wastes in the waste treatment system: i. Pollutants which create a fire or explosion hazard in the POTW; ii. Pollutants which will cause corrosive structural damage to the treatment works, but in no case discharges with pH less than 5.0 unless the system is specifically designed to accept such discharges. iii. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the treatment system resulting in interference. iv. Any pollutant, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the treatment works. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 25 v. Heat in amounts which will inhibit biological activity in the treatment works resulting in interference, but in no case heat in such quantities that the temperature at the treatment works exceeds 40°C (104°F) unless the works are designed to accommodate such heat. vi. Any priority pollutant in amounts that will contaminate the treatment works sludge. vii. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; viii. Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems; ix. Any trucked or hauled pollutants except at discharge points designated by the POTW. c. The permittee shall notify the Tennessee Division of Water Resources of any of the following changes in user discharge to the system no later than 30 days prior to change of discharge: i. New introductions into such works of pollutants from any source which would be a new source as defined in Section 306 of the Act if such source were discharging pollutants. ii. New introductions of pollutants into such works from a source which would be subject to Section 301 of the "Federal Water Quality Act as Amended" if it were discharging such pollutants. iii. A substantial change in volume or character of pollutants being introduced into such works by a source already discharging pollutants into such works at the time the permit is issued. This notice will include information on the quantity and quality of the wastewater introduced by the new source into the publicly owned treatment works, and on any anticipated impact on the effluent discharged from such works. If this discharge necessitates a revision of the current NPDES permit or pass-through guidelines, discharge by this source is prohibited until the Tennessee Division of Water Resources gives final authorization. d. Reporting Requirements The permittee shall provide a semiannual report briefly describing the permittee's pretreatment program activities over the previous six-month period. Reporting periods shall end on the last day of the months of March and September. The report shall be submitted to the Division of Water Resources, Central Office and a copy to the appropriate Environmental Field Office no later than the 28th day of the month following each reporting period. For control authorities with multiple STPs, one report should be submitted with a separate Form 1 for each STP. Each report shall conform to the format set forth in the State POTW Pretreatment Semiannual Report Package which contains information regarding: Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 26 i. An updated listing of the permittee's industrial users. ii. Results of sampling of the influent and effluent of the wastewater treatment plant. At least once each reporting period, the permittee shall analyze the wastewater treatment plant influent and effluent for the following pollutants, using the prescribed sampling procedures: Pollutant Sample Type chromium, trivalent chromium, hexavalent total chromium copper lead nickel zinc cadmium mercury silver total phenols cyanide 24-hour composite 24-hour composite 24-hour composite 24-hour composite 24-hour composite 24-hour composite 24-hour composite 24-hour composite 24-hour composite 24-hour composite grab grab If any particular pollutant is analyzed more frequently than is required, the permittee shall report the maximum and average values on the semiannual report. All upsets, interferences, and pass-through violations must also be reported on the semiannual report, the actions that were taken to determine the causes of the incidents and the steps that have been taken to prevent the incidents from recurring. At least once during the term of this permit, the permittee shall analyze the effluent from the STP (and report the results in the next regularly scheduled report) for the following pollutants: chromium III chromium VI copper lead nickel zinc cadmium mercury phenols, total chromium, total cyanide silver benzene carbon tetrachloride chloroform ethylbenzene methylene chloride naphthalene 1,1,1 trichloroethane phthalates, sum of the following: bis (2-ethylhexyl) phthalate butyl benzylphthalate di-n-butylphthalate diethyl phthalate 1,2 trans-dichloroethylene tetrachloroethylene toluene trichloroethylene iii. Compliance with categorical and local standards, and review of industrial compliance, which includes a summary of the compliance status for all permitted industries. Also included is information on the number and type of Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 27 major violations of pretreatment regulations, and the actions taken by the POTW to obtain compliance. The effluent from all significant industrial users must be analyzed for the appropriate pollutants at least once per reporting period. iv. A list of industries in significant non-compliance as published in local newspapers in accordance with the requirements set forth in 40 CFR 403.8(f)(2)(viii). v. A description of all substantive changes made to the permittee's pretreatment program. Any such changes shall receive prior approval. Substantive changes include, but are not limited to, any change in any ordinance, major modification in the program's administrative structure, local limits, or a change in the method of funding the program. vi. Summary of permittee's industrial user inspections, which includes information on the number and type of industry inspected. All significant industrial users must be inspected at least once per year. 3.3. BIOSOLIDS MANAGEMENT PRACTICES All sludge and/or biosolids use or disposal must comply with 40 CFR 503 et seq. Biosolids shall be sampled and analyzed at a frequency dependent on the amount used annually. Any facility that land applies non-exceptional quality biosolids must obtain an appropriate permit from the division in accordance with Chapter 0400-40-15. a. Reopener: If an applicable "acceptable management practice" or numerical limitation for pollutants in sewage sludge promulgated under Section 405(d)(2) of the Clean Water Act, as amended by the Water Quality Act of 1987, is more stringent than the sludge pollutant limit or acceptable management practice in this permit, or controls a pollutant not limited in this permit, this permit shall be promptly modified or revoked and reissued to conform to the requirements promulgated under Section 405(d)(2). The permittee shall comply with the limitations by no later than the compliance deadline specified in the applicable regulations as required by Section 405(d)(2) of the Clean Water Act. b. Notice of change in sludge disposal practice: The permittee shall give prior notice to the director of any change planned in the permittee's sludge disposal practice. If land application activities are suspended permanently and sludge disposal moves to a municipal solid waste landfill, the permittee shall contact the local Division of Solid Waste Management office address for other permitting and approvals (see table below): Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 28 3.4. Office Division of Solid Waste Management Location Zip Code Chattanooga Jackson Cookeville Columbia Johnson City Knoxville Memphis Nashville 540 McCallie Avenue, Suite 550 1625 Hollywood Drive 1221 South Willow Avenue 2484 Park Plus Drive 2305 Silverdale Road 3711 Middlebrook Pike 8383 Wolf Lake Drive, Bartlett 711 R.S. Gass Boulevard Phone No. 37402-2013 38305 38506 38401 37601 37921 38133-4119 37243-1550 (423) 634-5745 (731) 512-1300 (931) 432-4015 (931) 380-3371 (423) 854-5400 (865) 594-6035 (901) 371-3000 (615) 687-7000 BIOMONITORING REQUIREMENTS, CHRONIC The permittee shall conduct a 3-Brood Ceriodaphnia dubia Survival and Reproduction Test and a 7-Day Fathead Minnow (Pimephales promelas) Larval Survival and Growth Test on samples of final effluent from Outfall 001. The measured endpoint for toxicity will be the inhibition concentration causing 25% reduction in survival, reproduction and growth (IC25) of the test organisms. The IC25 shall be determined based on a 25% reduction as compared to the controls, and as derived from linear interpolation. The average reproduction and growth responses will be determined based on the number of Ceriodaphnia dubia or Pimephales promelas larvae used to initiate the test. Test shall be conducted and its results reported based on appropriate replicates of a total of five serial dilutions and a control, using the percent effluent dilutions as presented in the following table: Existing Trickling Filter Configuration (Outfall 001) Serial Dilutions for Whole Effluent Toxicity (WET) Testing 4 X PL 2 X PL Permit Limit (PL) 4 2 1.0 0.50 X PL 0.25 X PL Control 0.25 0 % effluent 0.5 Proposed Sequencing Batch Reactor Configuration (Outfall 001) Serial Dilutions for Whole Effluent Toxicity (WET) Testing 4 X PL 2 X PL Permit Limit (PL) 8 4 2.0 0.50 X PL 0.25 X PL Control 0.5 0 % effluent 1 The dilution/control water used will be moderately hard water as described in ShortTerm Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms, EPA-821-R-02-013 (or the most current edition). A chronic standard reference toxicant quality assurance test shall be conducted with Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 29 each species used in the toxicity tests and the results submitted with the discharge monitoring report. Additionally, the analysis of this multi-concentration test shall include review of the concentration-response relationship to ensure that calculated test results are interpreted appropriately. Toxicity will be demonstrated if the IC25 is less than or equal to the permit limit indicated for each outfall in the above table(s). Toxicity demonstrated by the tests specified herein constitutes a violation of this permit. All tests will be conducted using a minimum of three 24-hour flow-proportionate composite samples of final effluent collected on days 1, 3 and 5. If, in any control more than 20% of the test organisms die in 7 days, the test (control and effluent) is considered invalid and the test shall be repeated within two (2) weeks. Furthermore, if the results do not meet the acceptability criteria in Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms, EPA-821-R-02-013 (or the most current edition), or if the required concentration-response review fails to yield a valid relationship per guidance contained in Method Guidance and Recommendations for Whole Effluent Toxicity (WET) Testing, EPA-821-B-00-004 (or the most current edition), that test shall be repeated. Any test initiated but terminated before completion must also be reported along with a complete explanation for the termination. The toxicity tests specified herein for Outfall 001 shall be conducted yearly (1/yr) and begin no later than 90 days from the effective date of this permit. The toxicity tests specified herein for Outfall 001 after the initiation of the Sequencing Batch Reactor discharge shall be conducted quarterly and begin no later than 60 days from the submittal of the notice of Initiation of Operation. In the event of a test failure, the permittee must start a follow-up test within 2 weeks and submit results from a follow-up test within 30 days from obtaining initial WET testing results. The follow-up test must be conducted using the same serial dilutions as presented in the corresponding table(s) above. The follow-up test will not negate an initial failed test. In addition, the failure of a follow-up test will constitute a separate permit violation. In the event of 2 consecutive test failures or 3 test failures within a 12-month period for the same outfall, the permittee must initiate a Toxicity Identification Evaluation/Toxicity Reduction Evaluation (TIE/TRE) study within 30 days and so notify the division by letter. This notification shall include a schedule of activities for the initial investigation of that outfall. During the term of the TIE/TRE study, the frequency of biomonitoring shall be once every three months. Additionally, the permittee shall submit progress reports once every three months throughout the term of the TIE/TRE study. The toxicity must be reduced to allowable limits for that outfall within 2 years of initiation of the TIE/TRE study. Subsequent to the results obtained from the TIE/TRE studies, the permittee may request an extension of the TIE/TRE study period if necessary to conduct further analyses. The final determination of any extension period will be made at the discretion of the division. The TIE/TRE study may be terminated at any time upon the completion and submission of 2 consecutive tests (for the same outfall) demonstrating compliance. Following the completion of TIE/TRE study, the frequency of monitoring will return to a regular schedule, as defined previously in this section as well in Part I of the Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 30 permit. During the course of the TIE/TRE study, the permittee will continue to conduct toxicity testing of the outfall being investigated at the frequency of once every three months but will not be required to perform follow-up tests for that outfall during the period of TIE/TRE study. Test procedures, quality assurance practices, determinations of effluent survival/reproduction and survival/growth values, and report formats will be made in accordance with Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms, EPA-821-R-02-013, or the most current edition. Results of all tests, reference toxicant information, copies of raw data sheets, statistical analysis and chemical analyses shall be compiled in a report. The report will be written in accordance with Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms, EPA-821-R-02013, or the most current edition. Two copies of biomonitoring reports (including follow-up reports) shall be submitted to the division. One copy of the report shall be submitted along with the discharge monitoring report (DMR). The second copy shall be submitted to the local Division of Water Resources office address (see table below): Division of Water Resources Office Location Zip Code Chattanooga Jackson Cookeville Columbia Johnson City Knoxville Memphis Nashville 540 McCallie Avenue, Suite 550 1625 Hollywood Drive 1221 South Willow Avenue 2484 Park Plus Drive 2305 Silverdale Road 3711 Middlebrook Pike 8383 Wolf Lake Drive, Bartlett 711 R.S. Gass Boulevard 37402-2013 38305 38506 38401 37601 37921 38133-4119 37243-1550 3.5. Phone No. (423) 634-5745 (731) 512-1300 (931) 432-4015 (931) 380-3371 (423) 854-5400 (865) 594-6035 (901) 371-3000 (615) 687-7000 PLACEMENT OF SIGNS Within sixty (60) days of the effective date of this permit, the permittee shall place and maintain a sign(s) at each outfall and any bypass/overflow point in the collection system. For the purposes of this requirement, any bypass/overflow point that has discharged five (5) or more times in the last year must be so posted. The sign(s) should be clearly visible to the public from the bank and the receiving stream. The minimum sign size should be two feet by two feet (2' x 2') with one-inch (1") letters. The sign should be made of durable material and have a white background with black letters. The sign(s) are to provide notice to the public as to the nature of the discharge and, in the case of the permitted outfalls, that the discharge is regulated by the Tennessee Department of Environment and Conservation, Division of Water Resources. The following is given as an example of the minimal amount of information that must be included on the sign: Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 31 Permitted CSO or unpermitted bypass/overflow point: UNTREATED WASTEWATER DISCHARGE POINT Brownsville Energy Authority WWTP (731) 772-8845 NPDES Permit NO. TN0062367 TENNESSEE DIVISION OF WATER RESOURCES 1-888-891-8332 ENVIRONMENTAL FIELD OFFICE - Jackson NPDES Permitted Municipal/Sanitary Outfall: TREATED MUNICIPAL/SANITARY WASTEWATER Brownsville Energy Authority WWTP (731) 772-8845 NPDES Permit NO. TN0062367 TENNESSEE DIVISION OF WATER RESOURCES 1-888-891-8332 ENVIRONMENTAL FIELD OFFICE - Jackson No later than sixty (60) days from the effective date of this permit, the permittee shall have the above sign(s) on display in the location specified. 3.6. ANTIDEGRADATION Pursuant to the Rules of the Tennessee Department of Environment and Conservation, Chapter 1200-4-3-.06, titled “Tennessee Antidegradation Statement,” which prohibits the degradation of high quality surface waters and the increased discharges of substances that cause or contribute to impairment, the permittee shall further be required, pursuant to the terms and conditions of this permit, to comply with the effluent limitations and schedules of compliance required to implement applicable water quality standards, to comply with a State Water Quality Plan or other state or federal laws or regulations, or where practicable, to comply with a standard permitting no discharge of pollutants. 3.7. PRIORITY POLLUTANTS Within two (2) years of the date of the notice of initiation of operation of the Sequencing Batch Reactor, the permittee shall submit to the Division of Water Resources a completed Application Form 2C - Wastewater Discharge Information, Consolidated Permits Program (EPA Form 3510-2C). Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 32 4.0. DEFINITIONS AND ACRONYMS ____________________________________________________________________________ 4.1. DEFINITIONS “Biosolids” are treated sewage sludge that have contaminant concentrations less than or equal to the contaminant concentrations listed in Table 1 of subparagraph (3)(b) of Rule 0400-40-15-.02, meet any one of the ten vector attraction reduction options listed in part (4)(b)1, 2, 3, 4, 5, 6, 7, 8, 9, or 10 of Rule 0400-40-15-.04, and meet either one of the six pathogen reduction alternatives for Class A listed in part (3)(a)3, 4, 5, 6, 7, or 8, or one of the three pathogen reduction alternatives for Class B listed in part (3)(b)2, 3, or 4 of Rule 0400- 40-15-.04. A "bypass" is defined as the intentional diversion of waste streams from any portion of a treatment facility. A “calendar day” is defined as the 24-hour period from midnight to midnight or any other 24-hour period that reasonably approximates the midnight to midnight time period. A "composite sample" is a combination of not less than 8 influent or effluent portions, of at least 100 ml, collected over a 24-hour period. Under certain circumstances a lesser time period may be allowed, but in no case, less than 8 hours. The "daily maximum concentration" is a limitation on the average concentration in units of mass per volume (e.g. milligrams per liter), of the discharge during any calendar day. When a proportional-to-flow composite sampling device is used, the daily concentration is the concentration of that 24-hour composite; when other sampling means are used, the daily concentration is the arithmetic mean of the concentrations of equal volume samples collected during any calendar day or sampling period. “Discharge” or “discharge of a pollutant” refers to the addition of pollutants to waters from a source. A “dry weather overflow” is a type of sanitary sewer overflow and is defined as one day or any portion of a day in which unpermitted discharge of wastewater from the collection or treatment system other than through the permitted outfall occurs and is not directly related to a rainfall event. Discharges from more than one point within a 24-hour period shall be counted as separate overflows. “Degradation” means the alteration of the properties of waters by the addition of pollutants or removal of habitat. “De Minimis” - Alterations, other than those resulting in the condition of pollution or new domestic wastewater discharges, that represent either a small magnitude or a short duration shall be considered a de minimis impact and will not be considered degradation for purposes of implementing the antidegradation policy. Discharges Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 33 other than domestic wastewater will be considered de minimis if they are temporary or use less than five percent of the available assimilative capacity for the substance being discharged. Water withdrawals will be considered de minimis if less than five percent of the 7Q10 flow of the stream is removed (the calculations of the low flow shall take into account existing withdrawals). Habitat alterations authorized by an Aquatic Resource Alteration Permit (ARAP) are de minimis if the division finds that the impacts are offset by a combination of impact minimization and/or insystem mitigation. If more than one activity has been authorized in a segment and the total of the impacts uses no more than ten percent of the assimilative capacity, available habitat, or 7Q10 low flow, they are presumed to be de minimis. Where total impacts use more than ten percent of the assimilative capacity, available habitat, or 7Q10 low flow they may be treated as de minimis provided that the division finds on a scientific basis that the additional degradation has an insignificant effect on the resource and that no single activity is allowed to consume more than five percent of the assimilative capacity, available habitat or 7Q10 low flow. An “ecoregion” is a relatively homogeneous area defined by similarity of climate, landform, soil, potential natural vegetation, hydrology, or other ecologically relevant variables. The "geometric mean" of any set of values is the nth root of the product of the individual values where “n” is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For the purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). A "grab sample" is a single influent or effluent sample collected at a particular time. The "instantaneous maximum concentration" is a limitation on the concentration, in milligrams per liter, of any pollutant contained in the wastewater discharge determined from a grab sample taken from the discharge at any point in time. The "instantaneous minimum concentration" is the minimum allowable concentration, in milligrams per liter, of a pollutant parameter contained in the wastewater discharge determined from a grab sample taken from the discharge at any point in time. The "monthly average amount", shall be determined by the summation of all the measured daily discharges by weight divided by the number of days during the calendar month when the measurements were made. The "monthly average concentration", other than for E. coli bacteria, is the arithmetic mean of all the composite or grab samples collected in a one-calendar month period. A “one week period” (or “calendar-week”) is defined as the period from Sunday through Saturday. For reporting purposes, a calendar week that contains a change of month shall be considered part of the latter month. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 34 “Pollutant” means sewage, industrial wastes, or other wastes. A "quarter" is defined as any one of the following three-month periods: January 1 through March 31, April 1 through June 30, July 1 through September 30, and/or October 1 through December 31. A "rainfall event" is defined as any occurrence of rain, preceded by 10 hours without precipitation that results in an accumulation of 0.01 inches or more. Instances of rainfall occurring within 10 hours of each other will be considered a single rainfall event. A “rationale” (or “fact sheet”) is a document that is prepared when drafting an NPDES permit or permit action. It provides the technical, regulatory and administrative basis for an agency’s permit decision. A “reference site” means least impacted waters within an ecoregion that have been monitored to establish a baseline to which alterations of other waters can be compared. A “reference condition” is a parameter-specific set of data from regional reference sites that establish the statistical range of values for that particular substance at least-impacted streams. A “sanitary sewer overflow (SSO)” is defined as an unpermitted discharge of wastewater from the collection or treatment system other than through the permitted outfall. “Sewage” means water-carried waste or discharges from human beings or animals, from residences, public or private buildings, or industrial establishments, or boats, together with such other wastes and ground, surface, storm, or other water as may be present. “Severe property damage” when used to consider the allowance of a bypass or SSO means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass or SSO. Severe property damage does not mean economic loss caused by delays in production. “Sewerage system” means the conduits, sewers, and all devices and appurtenances by means of which sewage and other waste is collected, pumped, treated, or disposed. “Sludge” or “sewage sludge” is solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 35 A “subecoregion” is a smaller, more homogenous area that has been delineated within an ecoregion. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. The term, “washout” is applicable to activated sludge plants and is defined as loss of mixed liquor suspended solids (MLSS) of 30.00% or more from the aeration basin(s). “Waters” means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee or any portion thereof except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters. The "weekly average amount", shall be determined by the summation of all the measured daily discharges by weight divided by the number of days during the calendar week when the measurements were made. The "weekly average concentration", is the arithmetic mean of all the composite samples collected in a one-week period. The permittee must report the highest weekly average in the one-month period. 4.2. ACRONYMNS AND ABBREVIATIONS 1Q10 – 1-day minimum, 10-year recurrence interval 30Q5 – 30-day minimum, 5-year recurrence interval 7Q10 – 7-day minimum, 10-year recurrence interval BAT – best available technology economically achievable BCT – best conventional pollutant control technology BDL – below detection level BOD5 – five day biochemical oxygen demand BPT – best practicable control technology currently available CBOD5 – five day carbonaceous biochemical oxygen demand CEI – compliance evaluation inspection Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 36 CFR – code of federal regulations CFS – cubic feet per second CFU – colony forming units CIU – categorical industrial user CSO – combined sewer overflow DMR – discharge monitoring report D.O. – dissolved oxygen E. coli – Escherichia coli EFO – environmental field office LB(lb) - pound IC25 – inhibition concentration causing 25% reduction in survival, reproduction and growth of the test organisms IU – industrial user IWS – industrial waste survey LC50 – acute test causing 50% lethality MDL – method detection level MGD – million gallons per day MG/L(mg/l) – milligrams per liter ML – minimum level of quantification ml – milliliter MLSS – mixed liquor suspended solids MOR – monthly operating report NODI – no discharge NOEC – no observed effect concentration NPDES – national pollutant discharge elimination system PL – permit limit POTW – publicly owned treatment works Brownsville Energy Authority WWTP NPDES Permit TN0062367 Page 37 RDL – required detection limit SAR – semi-annual [pretreatment program] report SIU – significant industrial user SSO – sanitary sewer overflow STP – sewage treatment plant TCA – Tennessee code annotated TDEC – Tennessee Department of Environment and Conservation TIE/TRE – toxicity identification evaluation/toxicity reduction evaluation TMDL – total maximum daily load TRC – total residual chlorine TSS – total suspended solids WQBEL – water quality based effluent limit Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 1 RATIONALE INTRODUCTION ____________________________________________________________________________ Brownsville Energy Authority WWTP NPDES Permit No. TN0062367 Date: April 15, 2014 Permit Writer: Paul Higgins The division has received numerous comment letters and emails from the public, as well as from the permittee, The Nature Conservancy, Tennessee Wildlife Resources Agency and US Fish and Wildlife Service concerning the first draft permit for TN0062367. The concerns in these comments were primarily over the effects of the discharge of the proposed Sequencing Batch Reactor (SBR) on the Hatchie River. In addition, there appeared to be some confusion as to the location and nature of the outfall from the SBR, and concerns that the division had not followed proper procedure in writing the draft permit. The purpose of this RATIONALE INTRODUCTION is to address these comments in general so that everyone has a better understanding of the basis of permit requirements. There were also several requests for a Public Hearing concerning the permit and a hearing is being scheduled simultaneously with a hearing for draft permit TN0075078. The time and place for the hearing will be placed on Public Notice and all those who have commented will be notified in person. First of all, the outfall for permit number TN0062367 is currently called Outfall 001 and discharges to the Hatchie River at approximate river mile 76.3. This outfall (001) was in the past and is under the first draft permit current scenario authorized to discharge two comingled effluents, one from the South Trickling Filter Plant and the other from the North Lagoon. In the first draft permit, the designation of this outfall was changed to Outfall 002 for the new configuration with the SBR discharge. The designation was changed only because the source of the effluent discharged was changing. The effluent would come only from SBR, which would replace the Trickling Filter, and the Lagoon effluent. Even though the designation and the source of the effluent was to be changed to Outfall 002, the actual pipe and location were to be identical to the old Outfall 001. However, since this approach seems to have been confusing, the second draft permit retains the designation Outfall 001 for the SBR outfall. There were numerous concerns over the effects of the proposed (SBR) discharge on the receiving stream. In general, the division’s Water Quality Criteria, as promulgated in Rule 040040-03, were developed to be protective of all designated uses of all water-bodies in the state. Additionally, the division continually assesses the waters of the state to assure that water quality criteria are being met. The state has also adopted an Antidegradation Policy, also included in the water quality rule, for the purpose of fully protecting the current condition of all waters of the state and not allowing any degradation without complying with a prescribed justification process. In short, the Tennessee Division of Water Resources is dedicated to protecting the waters of the state and making sure that the waters are fit to serve the needs of all Tennesseans. Early on in the planning process for this project, the project representatives and division personnel came to the conclusion that the project should meet exemplary environmental Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 2 standards because of the location of the project. This concept was considered throughout the drafting of both of these BEA permits. The receiving stream for the discharge from the proposed SBR is the Hatchie River, at segment HUC code TN08010208001_2000. The State of Tennessee has designated the Hatchie a Scenic River, Class 1 Natural River Area – as a swamp river. Additionally, the outfall from BEA’s South plant does now and will continue to discharge into the Hatchie at the boundary of the Hatchie National Wildlife Refuge. According to state water quality Rule 0400-40-03, the Hatchie River is designated as a Tennessee Exceptional Water, and as such is afforded the protection provided by Rule 0400-40-03-.06(4)(c)1. In waters identified as Exceptional Tennessee Waters new or increased discharges that would cause degradation of any available parameter above the level of de minimis and discharges of domestic wastewater will only be authorized if the applicant has demonstrated to the Department that reasonable alternatives to degradation are not feasible and the degradation is necessary to accommodate important economic or social development in the area and will not violate the water quality criteria for uses existing in the receiving waters. At the time of permit renewal, previously authorized discharges, including upstream discharges, which presently degrade Exceptional Tennessee Waters above a de minimis level, will be subject to a review of updated alternatives analysis information provided by the applicant, but not to a determination of economic/social necessity. Public participation for these existing discharges will be provided in conjunction with permitting activities. Sources exempted from permit requirements under the Water Quality Control Act should utilize all cost effective and reasonable best management practices. The receiving segment of the Hatchie River was most recently assessed (4/23/2012) as fully supporting of all designated uses (available conditions). Therefore, paraphrasing the Rule, any new or increased discharge (of pollutants) that would cause degradation above a de minimis amount would have to be fully justified in terms of an alternatives analysis as well as with acceptable social and economic justifications. Also, any existing discharge of domestic wastewater would require the permittee to submit an analysis of alternatives to the current discharge. A new or increased discharge of a non-domestic wastewater pollutant that resulted in a less than de minimis degradation would not require a justification of any kind. De minimis degradation is defined in the rule as degradation of a small amount; 5% of the streams total assimilative capacity for one discharger, and 10% of the total capacity for more than one discharger. All NPDES permits limit the level of pollutants that are added to a receiving stream. In the proposed future SBR scenario in the draft permit, the characteristics of the wastestream from the Mega-site were derived from EPA publications that characterized effluents from the type of facility defined in the draft permit (automotive manufacturer). In terms of discharges of “new or increased” pollutants from the Mega-site, the only pollutants expected to be in the effluent in significant quantities are certain metals, and the draft permit contains de minimis based limits for those metals. The only effect on the receiving stream would be a de minimis effect and, therefore, not expected to affect the receiving stream in any significant manner. Additionally, the division uses EPA approved methods for measuring the toxicity of effluents containing a mixture of toxic substances, in this case the IC25. To ensure that the toxicity of the new effluent Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 3 has not changed, the frequency of toxicity monitoring has been increased to quarterly. Also, since these limits are based on “de minimis” calculations, no justification is required by rule. Concerning the domestic wastewater discharges under the SBR scenario of the draft permit, the loads in the draft permit are the sum of the loads that were previously permitted in the last permit cycle. Therefore, there is no increase in the loading of any domestic wastewater pollutant discharged to the Hatchie River. Since there is no increase in loading, there is no increase in pollutant and no significant effect on the receiving stream. As required by rule, BEA provided the division with an updated alternatives analysis for the discharge to the Hatchie. The analysis included non-discharging options and transferring the sewage to another facility. Both options were ruled out because of the unavailability of land, an increase in carbon footprint, and high upfront and increased operational cost. There was one additional concern expressed by several commenters concerning issuing a permit for a facility that does not exist. This draft permit was written with one type of industry in mind for the Mega-site, an automotive complex. The site effluent characteristics were formulated using EPA documents defining the characteristics of effluents from such sites. Additionally, the permit requires that the permittee submit an EPA Application Form 2C within 2 years after the SBR (and the Mega-site) comes online. This form requires the permittee to scan the SBR effluent for all priority pollutants. Additionally, there is an extra clause in the reopener language of the permit that states that the division has the right to reopen the permit (or withdraw the draft) if any of the assumptions or bases used in putting the draft together are not met. This draft permit should help to attract an automotive company to West Tennessee; but the division, certainly, does not intend to harm Tennessee’s waters. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 1 RATIONALE ____________________________________________________________________________ Brownsville Energy Authority WWTP NPDES Permit No. TN0062367 Date: April 15, 2014 Permit Writer: Paul Higgins 1. FACILITY INFORMATION Brownsville Energy Authority WWTP Mr. Regie Castellaw P.E.- General Manager Brownsville, Haywood County, Tennessee (731) 772-8845 Treatment Plant Average Design Flow: 2.03 MGD (1.03 MGD from the South Trickling Filter plant, 0.95 MGD from the North Lagoon) Percentage Industrial Flow: <1% from Trickling Filter Plant, 16% from Lagoon Treatment Description (current configuration): Lagoon with chlorination (Outfall 001A) and trickling filter with chlorination (Outfall 001B) Treatment Description (proposed future configuration): Sequencing Batch Reactor rated at 4 MGD 2 RECEIVING STREAM INFORMATION Hatchie River at mile 76.3 Watershed Group: Hatchie-Lower Hydrocode: 8010208 Low Flow: 7Q10 = 193.75 MGD Low Flow Reference: USGS Water-Resource Investigation Report 95-4293 Station #07029500 plus regression equation Tier Designation: Exceptional Tennessee Waters Stream Classification Categories: Domestic Wtr Supply X Livestock Wtr & Wlife X Industrial X Irrigation X Fish & Aquatic X Navigation Recreation X Water Quality Assessment: Fully supporting Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 2 3 CURRENT PERMIT STATUS Permit Type: Classification: Issuance Date: Expiration Date: Effective Date: 4 Municipal Major 31-MAR-09 31-MAR-14 01-MAY-09 NEW PERMIT LIMITATIONS AND COMPLIANCE SCHEDULE SUMMARY a. Current and Proposed Plant Configuration – Memphis Regional Mega-site The previous permit and the first two sections of the proposed new permit (Subparts 1.1 and 1.2) are equivalent and applicable to the existing facility configuration at the Brownsville Energy Authority (BEA) wastewater treatment plant (WWTP) located at 170 W. Cooper Street. However, the concept of a new facility that could handle the wastewater discharge from a conceptually proposed industrial complex located in Haywood County and could also replace the aging trickling filter facility for BEA has been under discussion since 2009. Though the industrial complex is still in the proposal phase, a conceptual WWTP has been designed based on theoretical discharges from a typical automotive production complex. Permit subpart 1.3 contains the permit limitations for this proposed new facility that will handle 3 MGD of wastewater from the industrial complex and 1 MGD of domestic wastewater from the City of Brownsville. A discussion of the derivation of these new limits is included in section 6. of the RATIONALE, below. b. Compliance Schedule Summary Description of Report to be Submitted Monthly Discharge Monitoring Reports Monthly Operational Reports Monthly Bypass and Overflow Summary Report Industrial Waste Survey Report within 120 days of the effective permit date Biomonitoring Report beginning within 90 days of the effective permit date Reference Section in Permit 1.5.1 1.5.4 1.5.5.1 3.2.a 3.4 c. For comparison, this rationale contains a table depicting the previous permit limits and effluent monitoring requirements in Appendix 1. 5 PREVIOUS PERMIT DISCHARGE MONITORING REPORT REVIEW A review of the DMR data from January 2011 through October 2013 indicates that the BEA has been well within permit limits for all parameters under permit TN0062367. A complete discharge monitoring report summary is located in Appendix 2. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 3 6 PROPOSED EFFLUENT LIMITS AND RATIONALE CURRENT CONFIGURATION OUTFALL 001 (Trickling Filter/Lagoon) PARAMETERS BOD5 Lagoon 01A BOD5 Trickling Filter 01B Total Suspended Solids, Lagoon 01A Total Suspended Solids. Trickling Filter 01B Dissolved Oxygen (mg/l) Total Chlorine Residual (mg/l) Total Nitrogen MONTHLY AVERAGE CONCENTRATION (MG/L) MONTHLY AVERAGE AMOUNT (LB/DAY) WEEKLY AVERAGE CONCENTRATION (MG/L) WEEKLY AVERAGE AMOUNT (LB/DAY) DAILY MAXIMUM CONCENTRATION (MG/L) APPLICABLE DAILY LIMIT 45 357 50 396 65 515 #/d T.C.A. 1200-4-5-.09 (for BOD5) 30 270 40 360 45 35% Removal T.C.A. 1200-4-5-.09 (for BOD5) 100 792 110 872 120 951 #/d T.C.A. 1200-4-5-.09 30 270 40 360 45 35% Removal T.C.A. 1200-4-5-.09 1.0 (daily minimum) instantaneous      D.O. protection, Refer to 6.1 below     1.7 (daily maximum)  Refer to 6.3 below     Report (qtr avg)    Report (qtr avg)    487/100 ml  T.C.A. 1200-4-3-.03, Refer to 6.5 below    1.0 (daily maximum)  T.C.A. 1200-4-5-.09      T.C.A. 1200-4-3-.03       Report Report   Used to quantify pollutant load Used to quantify pollutant load      Refer to 6.7 below Refer to 6.8 below Refer to 6.9 below Refer to 6.9 below Refer to 6.9 below Total  Phosphorous E. coli 126/100 ml (colonies/100ml) Settleable Solids (ml/l) pH (standard 6.0 - 9.0 units) Flow (MGD): Influent Report Effluent Report Whole Effluent Toxicity: IC25 1.0% effluent Metals & Toxics: Sanitary Sewer Overflows, Total Occurrences Dry Weather Overflows, Total Occurrences Bypass of Treatment, Total Occurrences Report Report Report Report (qtr load) Report (qtr load) RATIONALE Refer to 6.4 below Refer to 6.4 below Note: Weekly limitations on BOD5/CBOD5 and TSS concentrations are given as required per 40 CFR 133.105(a)(2) or 133.105(e)(1)(ii) & 133.105(b)(2) respectively; daily BOD5/CBOD5 and TSS limitations are authorized by T.C.A. 1200-4-5-.09; monthly, weekly, and daily mass loads are limited per 40 CFR 122.45(f) and based on the design flow as per 40 CFR 122.45(b); monthly average percent removal rates for BOD5/CBOD5 are required per 40 CFR 133.105(a)(3) and 133.105(e)(1)(iii). Monthly average percent removals for TSS are established per 40 CFR 133.105 (b)(3) and 133.103(c). Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 4 PROPOSED CONFIGURATION OUTFALL 001 (Sequencing Batch Reactor) PARAMETERS CBOD5 Total Suspended Solids Dissolved Oxygen (mg/l) Total Chlorine Residual (mg/l) 16 MONTHLY AVERAGE AMOUNT (LB/DAY) 542 WEEKLY AVERAGE CONCENTRATION (MG/L) 20 WEEKLY AVERAGE AMOUNT (LB/DAY) 652 30 1062 37 1232 1.0 (daily minimum) instantaneous   MONTHLY AVERAGE CONCENTRATION (MG/L)    24 DAILY Maximum Amount (LB/Day) 795 45 1326    D.O. protection, Refer to 6.1 below  0.94 (daily maximum)  Refer to 6.3 below DAILY MAXIMUM CONCENTRATION (MG/L) Report (qtr load) Report (qtr load) RATIONALE T.C.A. 1200-4-5-.09 (for BOD5) T.C.A. 1200-4-5-.09 Total Nitrogen     Report (qtr avg) Total Phosphorous E. coli (colonies/100ml) Settleable Solids (ml/l) pH (standard units) Flow (MGD): Influent Effluent Whole Effluent Toxicity: IC25     Report (qtr avg) 126/100 ml    487/100 ml  T.C.A. 1200-4-3-.03, Refer to 6.5 below    1.0 (daily maximum)  T.C.A. 1200-4-5-.09 6.0 - 9.0      T.C.A. 1200-4-3-.03 Report Report       Report Report   Used to quantify pollutant load Used to quantify pollutant load      Refer to 6.6 below 1% effluent For cadmium, chromium III, Metals & Toxics: chromium VI, copper, lead, nickel, silver and zinc Sanitary Sewer Overflows, Total Occurrences Dry Weather Overflows, Total Occurrences Bypass of Treatment, Total Occurrences various Refer to 6.4 below Refer to 6.4 below Refer to 6.8 below Report Report Report Refer to 6.9 below Refer to 6.9 below Refer to 6.9 below Note: Weekly limitations on BOD5/CBOD5 and TSS concentrations are given as required per 40 CFR 133.102(a)(2) or 133.102(a)(4)(2) & 133.102 (b)(2) respectively; daily BOD5/CBOD5 and TSS limitations are authorized by T.C.A. 1200-4-5-.09; monthly and weekly mass loads are limited per 40 CFR 122.45(f) and based on the design flow as per 40 CFR 122.45(b); monthly average percent removal rates for BOD5/CBOD5 and TSS are required per 40 CFR 133.102(a)(3) or 133.102(a)(4)(iii) and 133.102 (b)(3) respectively. A minimum 40% daily removal rate is required as equivalent to a daily mass load limitation. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 5 As indicated in Rationale section 4.a, APPENDIX 1, and in the two summary tables above, this permit covers two different scenarios for the same site. The first scenario consists of the current situation, which is unchanged over that covered in the previous permit. As indicated by comparison of the first table above (titled ‘Current Configuration Outfall 001’) to the table in APPENDIX 1, the permit limits and narrative requirements are unchanged from the previous permit. In this scenario, effluent flows from the North Lagoon Treatment Plant and the South Trickling Filter Treatment Plant are sampled separately for conventional pollutants; and then they are sampled jointly for common, concentration based water quality pollutants after the flows have been combined and prior to discharge to the Hatchie. This scenario will be referred to in the proposed permit and RATIONALE as, the ‘current configuration.’ The second scenario, with proposed limits shown in the second table titled ‘Proposed Configuration,’ covers a sequencing batch reactor that has been designed to treat 3 MGD of wastewater from a proposed automotive complex and 1 MGD of wastewater from the City of Brownsville. Throughout the permit these two scenarios will be referred to as the ‘current configuration’ and the ‘proposed configuration.’ Each scenario will be discussed separately under each section of the RATIONALE below APPENDIX 5 contains diagrams depicting the current configuration of the Trickling Filter and Lagoon treatment facilities and the proposed Sequencing Batch Reactor and Lagoon Facilities 6.1. BOD5, DISSOLVED OXYGEN, TSS AND PERCENT REMOVALS LIMITS a. Current Configuration - Biochemical oxygen demand, or BOD, is a measure of the oxygen used when biological processes break down organic pollutants in wastewater. The amount of oxygen used is more specifically referred to as the five-day biochemical oxygen demand, or BOD5. This parameter is used in the wastewater industry to measure both the strength of wastewater and the performance of wastewater treatment processes. Limits on the oxygen demand remaining in the treated wastewater is often necessary to prevent pollutants in the wastewater from driving oxygen in the receiving stream down below the levels necessary to support fish and aquatic life. Additionally, the breakdown of ammonia into other forms of nitrogen also requires oxygen and therefore exerts an oxygen demand on receiving wastewaters. The dissolved oxygen effluent limitation of 1.0 mg/l is a practical limit achievable by the facility rather than a water-quality based limit necessary to protect fish and aquatic life. A minimum oxygen level of 1.0 mg/l is necessary in treatment systems to prevent nuisance conditions associated with anaerobic conditions. As indicated in the table in section 6., the TSS limits have been established based on T.C.A. 1200-4-5-.09. The treatment facility is required to remove 65% of the BOD5 and TSS that enter the facility on a monthly basis. This is part of the minimum requirement for all municipal treatment facilities contained in Code of Federal Regulations 40 Part Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 6 133.102. The reasons stated by the U.S.E.P.A. for these requirements are to achieve these two basic objectives: (1) To encourage municipalities to correct excessive inflow and infiltration (I/I) problems in their sanitary sewer systems, and (2) To help prevent intentional dilution of the influent wastewater as a means of meeting permit limits. The BOD5, dissolved oxygen, and TSS limits in the previous have historically been protective of the receiving stream, and have been carried over from the previous permit. b. Proposed Configuration – The proposed configuration consists of the installation of a Sequencing Batch Reactor (SBR) that will replace the trickling filter and treat 3 MGD of industrial wastewater from an automotive complex and 1 MGD of domestic sewage from the City of Brownsville. The industrial wastewater was characterized using a publication from USEPA Enforcement and Compliance Assistance. Profile of the Motor Vehicle Industry; Washington: GPO, 1995; and other publications concerning automotive industry discharges. Permit limits for BOD5 and TSS were calculated by using the total of the load contributed by the lagoon discharge and the load contributed by the trickling filter discharge. The industrial site should not contribute significant loads of these pollutants. The concentration limits were then calculated using the total design flow for the new SBR system (4MGD). A table summarizing the old and new BOD5 and TSS load and concentration limits is included below. There is no increase in loading of BOD or TSS in the proposed limits for the SBR configuration. BEA has requested authorization to pump 0.25 MGD of treated wastewater from the proposed facility to the North Lagoon Plant outfall to the South Fork Forked Deer River (SFFD). The permit for this STP (TN0075078) limits CBOD5 and ammonia rather than BOD5. Additionally, extensive computer modeling has been done for this outfall as well as for two other municipalities that discharge into the same part of the SFFD. Therefore, in order to provide the data necessary to derive pollutant loadings to the SFFD, the BOD5 limits have been converted to CBOD5 and ammonia limits for this permit. This was accomplished using the regulatory technology-based effluent limitations ratio of CBOD5 to BOD5 that can be found in Tennessee Rule 1200-04-05-.09(1)(a). It is expected that the proposed sequencing batch reactor should successfully nitrify all but insignificant quantities of ammonia. Additionally, because of the relatively high flow rate of the Hatchie River, ammonia toxicity is not expected to be an issue, this pollutant is monitored on a report only basis. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 7 CALCULATION OF BROWNSVILLE STP FUTURE SBR LIMITS TN0062367 Facility Lagoon Exist #1 TF Exist #2 Flow Pollutant Mo Avg Mo Avg Weekly Weekly Daily Daily MGD mg/l Lb/D mg/l Lb/D mg/l Lb/D 0.95 BOD 45 357 50 396 65 515 TSS 100 792 110 872 120 951 1.08 BOD TSS 30 30 270 270 40 40 360 360 4 BOD TSS 19 30 627 1062 23 37 756 1232 SBR Future #3 45 45 45 890 45 1326 SBR loads are the total loads of the combined lagoon and trickling filter The treatment facility is required to remove 85% of the BOD5 and TSS that enter the facility on a monthly basis. This is part of the minimum requirement for all municipal treatment facilities contained in Code of Federal Regulations 40 Part 133.102. The reasons stated by the U.S.E.P.A. for these requirements are to achieve these two basic objectives: (1) To encourage municipalities to correct excessive inflow and infiltration (I/I) problems in their sanitary sewer systems, and (2) To help prevent intentional dilution of the influent wastewater as a means of meeting permit limits. The federal regulations contain some exceptions to permit requirements for discharges from POTWs that are dilute due to a high percentage of industrial flow and meet other conditions. Since the details of discharges from the site and the proposed plant are still in the proposal stage, it would be impossible to gather sufficient data to justify an exception. A general statement has been placed in the reopener clause that states that the permit may be reopened if any of the assumptions used in the preparation of this permit are not correct or are changed. 6.3. CHLORINATION Current Configuration (Outfall 001) The residual chlorine limit is derived using the mass balance formula and the EPA instream protection value of 0.019 mg/l for fish and aquatic life. Applying this formula yields the following calculation: Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 8 0.019 (Qd + Qs) Qd = Limit (mg/l) = 0.019(2.03 + 194) 2.03 = 1.83 mg/l  1.7 mg/l where: 0.019 4.0 194 = = = instream protection value (acute) Qd, design flow of STP (MGD) Qs, 7Q10 flow of receiving stream (MGD) The TRC limit in the previous permit was 1.7 mg/l and will be retained in consideration of the anti-backsliding policy. Proposed Configuration (Outfall 002) The residual chlorine limit is derived using the mass balance formula and the EPA instream protection value of 0.019 mg/l for fish and aquatic life. Applying this formula yields the following calculation: 0.019 (Qd + Qs) Qd = Limit (mg/l) = 0.019(4.0 + 194) 4.0 = 0.941 mg/l  0.94 mg/l where: 0.019 4.0 194 6.4. = = = instream protection value (acute) Qd, design flow of STP (MGD) Qs, 7Q10 flow of receiving stream (MGD) TOTAL NITROGEN AND TOTAL PHOSPHOROUS LIMITATIONS For major NPDES permits (design flows > 1.0 MGD) EPA recommends continued monitoring for total nitrogen (TN) and total phosphorus (TP) in order to have current nutrient data maintained in its Integrated Compliance Information System (ICIS) database to accurately forecast nutrient loading to the Mississippi River. This ICIS data is being used by the Mississippi Hypoxia Task Force which consists of the EPA and States along the Mississippi River. Tennessee is one of three states in Region 4 which has rivers that ultimately drain to the Mississippi River. The frequency and reporting requirements are carried over from the previous permit. 6.5. E. COLI REQUIREMENTS Disinfection of wastewater is required to protect the receiving stream from pathogenic microorganisms. Fecal coliform and E. coli are indicator organisms used as a measure of bacteriological health of a receiving stream and the effectiveness of disinfection. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 9 As of September 30, 2004, the criterion for fecal coliform has been removed from the State’s Water Quality Standards. Thus, the division imposes an E. coli limit on discharges of treated sewage for the protection of recreational use of the stream in lieu of the fecal coliform limit. The E. coli daily maximum limit of 487 colonies per 100 ml applies to lakes and exceptional Tennessee waters. A maximum daily limit of 941 colonies per 100 ml applies to all other recreational waters. The limits and monitoring requirements are carried over from the previous permit. 6.6. BIOMONITORING Current Configuration (Outfall 001) The division’s evaluation of the toxicity data generated by the biomonitoring analysis indicated that the lagoon’s effluent did not exhibit a reasonable potential to violate the division’s narrative water quality criterion, “no toxics in toxic amounts.” As indicated in the past, it is the division’s policy to require Publicly Owned Treatment Works with active pretreatment programs to conduct toxicity testing due to the nature of industrial wastewaters and as a means of monitoring for possible unreported discharges. Annual biomonitoring has been carried over into this permit. The following calculation is the required dilution at which chronic toxicity testing must meet permit requirements. IC25 % = Design Flow Low Flow+ Design Flow * 100  2.03 194+2.03 * 100  1.0% where: 194 2.03 IC25 = = = Low Flow - 7Q10 (MGD) Design Flow Capacity (MGD) Concentration causing 25% reduction in survival, reproduction and growth of test organisms Proposed Configuration (Outfall 002) If the new automotive production complex and SBR become a reality, the nature of the discharge to the Hatchie River will be completely changed. Not only will new industrial processes be discharging wastewater to BEA’s WWTP, but the treatment process itself will be completely different. Particularly since the receiving stream is Exceptional Tennessee Waters, the division’s narrative water quality criterion, “no toxics in toxic amounts” must be re-evaluated. For new facilities, the division typically requires quarterly biomonitoring, which has been included in the requirements for Outfall 002. The following calculation is the required dilution at which chronic toxicity testing must Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 10 meet permit requirements if effluent from the South SBR Plant are included in the discharge of Outfall 002. IC25 % = Design Flow Low Flow+ Design Flow * 100  4.0 194+4.0 * 100  2.0% where: 194 4.0 IC25 6.7. = = = Low Flow - 7Q10 (MGD) Design Flow Capacity (MGD) Concentration causing 25% reduction in survival, reproduction and growth of test organisms METALS AND TOXICS, PRETREATMENT AND PASS THROUGH LIMITATIONS Pretreatment Requirements & Pass Through Limitations, Both Configurations Pass-through limitations (PTLs) for heavy metals and other toxic substances have been recalculated as part of the permit issuance process. These PTLs were calculated using all the parameters for the current configuration and the new Water Quality Criteria rule promulgated in 2013. There was only one change in the new PTLs over those previous issued. During the calculation and verification process, we discovered that the PTL for lead (12.24 ug/l) that had been identified as applicable due to ‘anti-backsliding’ rules, was actually originally calculated and issued in error. The lead limit was recalculated using current data and the new value issued with the other applicable PTLs. A summary of the current semi-annual report data does not indicate that the potential exists for the water quality criteria for any parameter to be exceeded. APPENDIX 3 lists the metal and toxic parameters calculations and the procedure used to derive the results. These PTLs are applicable only to discharges from the current configuration, the combined discharge from the trickling filter plant and the lagoon. Pass through limitations must also be re-evaluated when there are changes in industrial waste contribution to the POTW. Since the proposed configuration involves significant changes in both the quantity and nature of the industrial discharges to the wastewater treatment plant, as well as changes to the design of the wastewater treatment plant itself, PTLs must be developed to reflect the proposed conditions. Under the proposed configuration, the permit will have ‘de minimis’ metals limits applicable as regular NPDES permit effluent discharge limits (discussed below). These permit limits will be applicable to the effluent on the whole, and should be used when calculating local limits for the automotive complex. However, since the ‘de minimis’ limits are applicable only to ‘new discharges,’ the existing industrial users should still qualify for conventional PTLs, as long as their discharges have not changed. Therefore, PTLs based on the ‘proposed configuration’ conditions are being developed and will be issued prior to the proposed automotive complex and the SBR coming online. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 11 Proposed Configuration Limits on New Discharge Since the proposed configuration constitutes a ‘new or increased’ discharge, the Tennessee Antidegradation Policy, Rule 0400-40-03-.06(4)(c)(1), imposes certain restrictions on the pollutant loadings that may be discharged to the Hatchie River, Exceptional Tennessee Waters. The rule states that any discharge of a pollutant over and above a ‘de minimis’ quantity must be justified by demonstrating that there are no reasonable alternatives to the degradation and that the resultant degradation above a de minimis level is necessary to promote important economic and social development in the area. De minimis discharges are defined in the Rule at 0400-4003-.04(4) as 5% of the assimilative capacity of the receiving stream for a particular pollutant from a single discharger or 10% of the assimilative capacity of the stream if multiple discharges are concerned. This project is a joint program promoted by various departments of the state to benefit the entire Memphis metropolitan and surrounding area. However, early on in the project, the decision was made to maintain the highest environmental standards for new installations under this project. For this reason, the permit writer was requested to apply de minimis limits to new pollutants of concern from the automotive complex. The industrial wastewater from the automotive complex was characterized using a publication from USEPA Enforcement and Compliance Assistance, Profile of the Motor Vehicle Industry; Washington: GPO, 1995; and other publications concerning automotive industry discharges. The wastewater might be expected to contain significant levels of metals such as cadmium, copper, lead, nickel, silver, chrome III & VI, and zinc. De minimis limits were calculated for these parameters and monthly monitoring for these pollutants will be required. If monitoring indicates elevated levels of these parameters, it may be necessary to increase monitoring frequency or add additional related parameters to assure water quality. The spreadsheet with these calculations is in the permit file and is available from the permit writer by request. The division used the EPA publication Profile of the: Motor Vehicle Assembly Industry; EPA 310-R-95-009 to identify and evaluate the potential discharges of organic pollutants from the automotive mega-site to the South SBR Plant. In Exhibits 20 and 21 of the publication, EPA listed the releases and transfers of hazardous pollutants from the auto assembly and auto parts industries. According to these tables, pollutants of concern with relatively low instream toxicity characteristics such as trichloroethylene, tetrachloroethylene, and benzene, are discharged only to POTWs and at a rate of about 10 to 20 pounds per year. This level would be insignificant in a discharge flow of approximately 4 MGD. 6.8. OVERFLOW AND BYPASS REPORTING For the purposes of demonstrating proper operation of the collection, transmission, and treatment system, the permit defines overflow as any release of sewage other than through permitted outfalls. This definition includes, but is not necessarily limited to, sanitary sewer overflows and dry weather overflows as defined. For example, a Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 12 collection system blockage or hydraulic overload that causes backup and release of sewage into a building during a wet weather event may not clearly fit either the definition of a sanitary sewer overflow or a dry weather overflow. Still, any unpermitted release potentially warrants permittee mitigation of human health and/or water quality impacts via direct or indirect contact and demonstrates a hydraulic problem in the system that warrants permittee consideration as part of proper operation and maintenance of the system. However, for the more typical, unpermitted, releases into the environment, this permit intends interchangeable use of the terms, “overflow” and “sanitary sewer overflow” for compliance reporting purposes. 7 7.1. OTHER PERMIT REQUIREMENTS AND CONDITIONS CERTIFIED WASTEWATER TREATMENT OPERATOR The waste treatment facilities shall be operated under the supervision of a certified wastewater treatment operator in accordance with the Water Environmental Health Act of 1984. 7.2. COLLECTION SYSTEM CERTIFIED OPERATOR The collection system shall be operated under the supervision of a certified collection system operator in accordance with the Water Environmental Health Act of 1984. 7.3. PRETREATMENT PROGRAM The Brownsville Energy Authority WWTP has an approved pretreatment program. An updated Industrial Waste Survey must be completed within 120 days of the effective date of the permit, unless such a survey has been submitted within 3 years of the effective date. At least once each reporting period, all permittees with approved pretreatment programs are required to analyze the STP influent and effluent for the following pollutant parameters: chromium (trivalent and hexavalent and total if drinking water use applies), copper, lead, nickel, zinc, silver, cadmium, mercury, total phenols, and cyanide. These pollutants were selected because, historically, they are the ones that tend to be predominant in industrial wastewaters. Other pollutants may be added to the list, as required. During preparation of this permit, data from ten previous semiannual reports were analyzed. If any particular value of a pollutant equals or exceeds 85% of the passthrough limit the pollutant was added to the list of those that are required to be sampled. Based on our review of the semiannual reports and other documents, sampling for additional pollutants is not required at this time. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 13 7.4. BIOSOLIDS/SLUDGE MANAGEMENT The Clean Water Act (CWA) requires that any NPDES permit issued to a publicly owned treatment works or any other treatment works treating domestic sewage shall comply with 40 CFR Part 503, the federal regulation governing the use and disposal of sewage sludge. It is important to note that “biosolids” are sewage sludge that has been treated to a level so that they can be land applied. The language in subpart 3.3 of the permit, relative to biosolids management, a CWA requirement, allows the “permitting authority” under 40 CFR Part 503.9(p) to be able to enforce the provisions of Part 503. The “permitting authority” relative to Part 503 is either a state that has been delegated biosolids management authority or the applicable EPA Region; in the case of Tennessee it is EPA-Region 4. Tennessee regulates the land application of biosolids under state rules, Chapter 0400-40-15. The state rules became effective on June 30, 2013. Under these state rules, all facilities that land apply biosolids must obtain a biosolids permit from the division. The land application of biosolids under state rules will be regulated through either a general permit or by an individual permit. It is anticipated that the permitting of biosolids land application will begin near the beginning of calendar year 2014. Questions about the division’s biosolids regulations and permitting program should be directed to the division’s Biosolids Coordinator at: State of Tennessee Department of Environment and Conservation Division of Water Resources William R. Snodgrass - Tennessee Tower 312 Rosa L. Parks Avenue, 11th Floor Nashville, Tennessee 37243-1102 (615) 532-0625 7.5. PERMIT TERM This permit is being reissued for 5 years in order to coordinate its reissuance with other permits located within the Hatchie-Lower Watershed. 8 ANTIDEGRADATION STATEMENT/WATER QUALITY STATUS Tennessee’s Antidegradation Statement is found in the Rules of the Tennessee Department of Environment and Conservation, Chapter 0400-40-03-.06. It is the purpose of Tennessee’s standards to fully protect existing uses of all surface waters as established under the Act. Stream determinations for this permit action are associated with the waterbody segment identified by the division as segment ID# TN08010208001_2000. The division has made a determination of the receiving waters associated with the subject discharge(s) and has found the Hatchie River to be Exceptional Tennessee Waters. No permanent degradation of water quality will be allowed unless the Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 14 applicant demonstrates to the Water Quality Control Board that the degradation is for necessary economic or social development and will not interfere with or become injurious to any existing uses. The specific requirements for this demonstration are described in the Rules of the Tennessee Department of Environment and Conservation, Chapter 0400-40-03-.06(4). Furthermore, the Hatchie River has been assessed as fully supporting of all designated uses. According to 0400-40-03-.06(4)(c)1., “new or increased discharges that would cause degradation of any available parameter above the level of de minimis and domestic wastewater will only be authorized if the applicant has demonstrated to the department that reasonable alternatives to degradation are not feasible....” On November 11, 2013, Brownsville Energy Authority submitted an alternatives analysis for their existing trickling filter wastewater treatment facility. The alternatives included constructing a new land application sewage treatment plant and transferring the wastewater to the City of Jackson’s Miller Avenue STP. Both alternatives were rejected due to capital costs and increased energy usage. BEA chose to maintain the status quo and continue a rigorous program to refurbish the trickling filter plant This permit contains requirements for a proposed sequencing batch reactor that would be constructed to service conceptually a proposed industrial complex located in Haywood County and could also replace the aging trickling filter facility for the Brownsville Energy Authority. Though the industrial complex is still in the proposal phase, a conceptual WWTP has been designed based on theoretical discharges from a typical automotive production complex. In order to meet the requirements of the state rule for exceptional waters and, furthermore to protect the Hatchie River, the loading of conventional pollutants (BOD5 and TSS) has not been increased over the previous permit. The only additional significant pollutants expected from the proposed automotive manufacturing site are metals. The division calculated deminimis limits for metals pollutants of concern and the permit requires monthly monitoring. The proposed monitoring meets the requirements of the state’s Antidegradation Policy, and will be protective of an important Tennessee resource. There are no TMDLs applicable to the Hatchie River. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 15 APPENDIX 1 PREVIOUS PERMIT LIMITS ________________________________________________________________________________________ PARAMETERS MONTHLY AVERAGE CONCENTRATION (MG/L) BOD5 45 001A Lagoon BOD5 30 001B Trickling Filter Total Suspended 100 Solids – 001A Total Suspended 30 Solids – 001B Dissolved Oxygen 1.0 (daily minimum) (mg/l) instantaneous Total Chlorine  Residual (mg/l) Total Nitrogen Report Total Phosphorous Report E. coli 126/100 ml (colonies/100ml) Settleable Solids (ml/l) pH (standard units) 6.0 - 9.0 Flow (MGD): Influent Report Effluent Report Whole Effluent Toxicity: IC25 1 % effluent Metals & Toxics: Sanitary Sewer Overflows, Total Occurrences Dry Weather Overflows, Total Occurrences Bypass of Treatment, Total Occurrences MONTHLY AVERAGE AMOUNT (LB/DAY) WEEKLY AVERAGE CONCENTRATION (MG/L) WEEKLY AVERAGE AMOUNT (LB/DAY) DAILY MAXIMUM CONCENTRATION (MG/L) APPLICABLE DAILY LIMIT 357 50 396 65 515 #/d Weekly 270 40 360 45 35% Removal 3/week 792 110 872 120 951 #/d Weekly 270 40 360 45 35% Removal 3/week      5/week    1.7 (daily maximum)  5/week       Report Report   Quarterly Quarterly    487/100 ml  3/week    1.0 (daily maximum)  5/week      5/week       Report Report   7/week 7/week      Annual Report Report Report MEASUREMENT FREQUENCY continuous continuous continuous Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 16 APPENDIX 2 Discharge Monitoring Report Summary ____________________________________________________________________________ Discharges from Trickling Filter 001B Monitoring BOD5 BOD5 BOD5 BOD5 BOD5 BOD5 BOD5 End Mo Avg Wk Avg D Max Mo Avg Wk Avg Removal Removal Date mg/l mg/l mg/l lb lb Daily Mo Avg Min % Min % Limit 30 40 45 270 360 35 65 01/31/2011 12 14 19 84 97 90 93 02/28/2011 18 23 24 154 221 87 91 03/31/2011 12 13 15 106 127 85 90 04/30/2011 9 11 13 81 92 85 92 05/31/2011 10 12 15 94 104 89 93 06/30/2011 8 10 11 56 59 93 95 07/31/2011 6 8 9 46 55 79 96 08/31/2011 5 5 7 34 42 93 97 09/30/2011 4 5 10 29 38 93 97 10/31/2011 4 4 5 27 33 94 97 11/30/2011 4 4 6 27 33 93 97 12/31/2011 4 5 6 29 38 93 96 01/31/2012 8 10 11 53 104 87 95 02/29/2012 8 9 12 47 60 91 94 03/31/2012 8 11 17 50 75 89 94 04/30/2012 9 10 14 37 44 87 94 05/31/2012 9 10 11 32 38 92 95 06/30/2012 8 12 12 28 46 87 94 07/31/2012 5 6 7 16 21 94 96 08/31/2012 3 3 4 10 12 96 98 09/30/2012 7 12 15 26 41 88 95 10/31/2012 6 7 8 28 32 88 95 11/30/2012 ND ND ND ND ND ND ND 12/31/2012 12 13 17 65 76 82 89 01/31/2013 10 13 16 59 79 81 90 02/28/2013 9 10 17 55 66 79 89 03/31/2013 12 13 16 62 70 71 86 04/30/2013 9 12 14 68 87 81 90 05/31/2013 5 6 8 35 41 87 94 06/30/2013 5 6 8 32 43 90 94 07/31/2013 7 9 10 36 53 91 93 08/31/2013 5 7 9 24 37 88 96 09/30/2013 5 6 10 26 31 93 96 10/31/2013 7 9 11 31 47 86 93 ND = No Discharge Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 17 Discharges from Trickling Filter 001B Monitoring TSS End Mo Avg Date mg/l Limit 30 TSS D Max mg/l TSS Mo Avg lb 40 45 270 10 9 9 9 8 8 7 6 5 5 6 4 6 9 6 6 7 6 5 4 5 4 01/31/2011 02/28/2011 03/31/2011 04/30/2011 05/31/2011 06/30/2011 07/31/2011 08/31/2011 09/30/2011 10/31/2011 11/30/2011 12/31/2011 01/31/2012 02/29/2012 03/31/2012 04/30/2012 05/31/2012 06/30/2012 07/31/2012 08/31/2012 09/30/2012 10/31/2012 11/30/2012 TSS Wk Avg mg/l ND 12/31/2012 01/31/2013 02/28/2013 03/31/2013 04/30/2013 05/31/2013 06/30/2013 07/31/2013 08/31/2013 09/30/2013 10/31/2013 ND = No Discharge 15 15 12 12 11 11 11 7 10 9 9 5 9 21 8 7 9 9 7 5 9 6 ND 9 10 6 8 8 5 7 5 5 5 7 24 18 20 16 18 18 14 12 12 12 12 10 14 40 10 10 12 16 12 8 10 8 ND 11 14 9 11 11 7 12 9 7 7 12 69 81 81 77 79 52 50 42 39 40 41 32 44 54 34 22 27 19 16 13 17 16 ND 16 16 16 18 20 12 26 16 10 16 16 50 59 40 42 61 35 45 25 23 26 33 TSS TSS TSS Wk Avg Removal Removal lb Daily Mo Avg Min % Min % 360 35 65 111 83 94 149 91 96 96 83 94 95 83 94 120 85 95 76 93 96 80 77 96 49 88 96 80 88 96 64 86 95 66 92 95 44 89 94 100 84 95 106 62 91 45 91 96 26 88 96 34 86 95 26 79 94 19 80 93 16 92 96 29 90 96 25 90 95 ND ND ND 63 76 91 79 71 92 63 73 90 58 72 85 83 75 93 58 88 95 100 74 94 40 85 93 35 78 95 38 93 96 65 82 94 Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 18 Discharges to Hatchie River Outfall 001 Monitoring Flow Flow TRC E. coli E. coli Settleable pH pH End Mo Avg D Max D Max D Max Geo Mean Solids Max Min Date MGD MGD mg/l #/100ml #/100ml D Max SU SU ml/l Limit 1.7 487 126 1 9 6 01/31/2011 0.865 1.239 0.79 44 6 BDL 7.3 7.0 02/28/2011 0.815 1.403 0.63 162 14 BDL 7.3 7.1 03/31/2011 1.115 1.578 0.59 84 8 BDL 7.4 7.0 04/30/2011 1.098 2.026 0.53 28 11 BDL 7.4 7.0 05/31/2011 1.165 1.918 0.56 64 11 BDL 7.5 6.8 06/30/2011 0.854 1.593 0.90 176 59 BDL 7.4 6.6 07/31/2011 0.870 1.296 0.55 100 47 BDL 7.1 6.7 08/31/2011 0.885 1.058 0.92 110 31 BDL 7.1 6.6 09/30/2011 0.903 1.403 1.26 84 10 BDL 7.3 6.8 10/31/2011 0.895 1.043 1.08 20 6 BDL 7.2 6.9 11/30/2011 0.899 1.703 0.92 28 7 BDL 7.4 7.0 12/31/2011 0.894 1.513 0.97 16 7 BDL 7.4 6.7 01/31/2012 0.680 1.485 1.30 16 5 BDL 7.3 6.9 02/29/2012 0.701 1.178 1.40 32 5 BDL 7.3 6.9 03/31/2012 0.639 1.149 0.90 72 8 BDL 7.3 6.7 04/30/2012 0.472 0.678 1.10 44 11 BDL 7.3 6.6 05/31/2012 0.471 0.864 0.42 44 16 BDL 7.1 6.6 06/30/2012 0.429 0.605 0.41 156 42 BDL 7.0 6.4 07/31/2012 0.402 0.540 1.30 152 32 BDL 7.1 6.6 08/31/2012 0.390 0.586 1.70 114 11 BDL 7.4 6.7 09/30/2012 0.483 0.796 1.60 172 24 BDL 7.3 6.8 10/31/2012 0.474 0.710 1.54 60 10 BDL 7.3 7.0 11/30/2012 ND ND ND ND ND ND ND ND 12/31/2012 0.661 0.330 1.60 178 9 BDL 7.5 7.1 01/31/2013 0.721 1.118 1.60 28 7 BDL 7.5 7.1 02/28/2013 0.738 1.089 0.99 94 12 BDL 7.5 7.0 03/31/2013 0.692 1.025 1.03 68 7 BDL 7.5 7.0 04/30/2013 0.883 1.250 0.52 102 8 BDL 7.3 6.9 05/31/2013 0.834 1.289 0.55 36 6 BDL 7.3 6.7 06/30/2013 0.764 1.391 0.63 109 18 BDL 7.2 6.8 07/31/2013 0.650 0.990 1.50 114 30 BDL 7.3 6.8 08/31/2013 0.618 0.920 1.20 144 10 BDL 7.2 6.7 09/30/2013 0.604 0.924 1.30 86 9 BDL 7.2 6.7 10/31/2013 0.556 0.921 1.20 106 10 BDL 7.3 6.8 ND = No Discharge DO Min mg/l 1 6.3 6.2 5.4 4.5 5.9 5.6 4.7 6.0 6.3 7.1 6.5 6.7 6.1 6.0 5.7 4.5 4.6 4.0 5.1 6.3 6.4 6.0 ND 6.5 7.4 6.6 6.2 4.6 4.7 4.5 4.6 5.6 5.8 5.5 Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 19 APPENDIX 3 Metal and Toxic Parameter Calculations ____________________________________________________________________________ The following procedure is used to calculate the allowable instream concentrations for pass-through guidelines and permit limitations. a. The most recent background conditions of the receiving stream segment are compiled. This information includes: * * * * * * 7Q10 of receiving stream ( 194 MGD, USGS) Calcium hardness (25.3 mg/l, default) Total suspended solids (38 mg/l, default) Background metals concentrations (monitoring or ½ water quality criteria) Other dischargers impacting this segment (none) Downstream water supplies, if applicable b. The chronic water quality criteria are converted from total recoverable metal at lab conditions to dissolved lab conditions for the following metals: cadmium, copper, trivalent chromium, lead, nickel and zinc. Then translators are used to convert the dissolved lab conditions to total recoverable metal at ambient conditions. c. The acute water quality criteria are converted from total recoverable metal at lab conditions to dissolved lab conditions for the following metals: cadmium, copper, trivalent chromium, lead, nickel, zinc and silver. Then translators are used to convert the dissolved lab conditions to total recoverable metal at ambient conditions for the following metals: cadmium, copper, lead, nickel and silver. d. The resulting allowable trivalent and hexavalent chromium concentrations are compared with the effluent values characterized as total chromium on permit applications. If reported total chromium exceeds an allowable trivalent or hexavalent chromium value, then the calculated value will be applied in the permit for that form of chromium unless additional effluent characterization is received to demonstrate reasonable potential does not exist to violate the applicable state water quality criteria for chromium. e. A standard mass balance equation determines the total allowable concentration (permit limit) for each pollutant. This equation also includes a percent stream allocation of no more than 90%. The following formulas are used to evaluate water quality protection: Cm = QsCs + QwCw Qs + Qw Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 20 where: Cm Cw Cs Qw Qs = = = = = resulting in-stream concentration after mixing concentration of pollutant in wastewater stream background concentration wastewater flow stream low flow to protect water quality: Cw  (SA) [Cm (Qs + Qw) - QsCs] Qw where (SA) is the percent “Stream Allocation”. Calculations for this permit have been done using a standardized spreadsheet, titled "Water Quality Based Effluent Calculations." Division policy dictates the following procedures in establishing these permit limits: 1. The critical low flow values are determined using USGS data: Fish and Aquatic Life Protection 7Q10 - Low flow under natural conditions 1Q10 - Regulated low flow conditions Other than Fish and Aquatic Life Protection 30Q2 - Low flow under natural conditions 2. Fish & Aquatic Life water quality criteria for certain Metals are developed through application of hardness dependent equations. These criteria are combined with dissolved fraction methodologies in order to formulate the final effluent concentrations. 3. For criteria that are hardness dependent, chronic and acute concentrations are based on a Hardness of 25 mg/L and Total Suspended Solids (TSS) of 10 mg/L unless STORET or Water Supply intake data substantiate a different value. Minimum and maximum limits on the hardness value used for water quality calculations are 25 mg/L and 400 mg/L respectively. The minimum limit on the TSS value used for water quality calculations is 10 mg/L. 4. Background concentrations are determined from the division database, results of sampling obtained from the permittee, and/or obtained from nearby stream sampling data. If this background data is not sufficient, one-half of the chronic “In-stream Allowable” water quality criteria for fish and aquatic life is used. If the measured background concentration is greater than the chronic “In-stream Allowable” water quality criteria, then the measured background concentration is used in lieu of the chronic “In-stream Allowable” water quality criteria for the purpose of calculating the appropriate effluent limitation (Cw). Under these circumstances, and in the event the “stream allocation” is less than 100%, the calculated chronic effluent limitation for fish and aquatic life should be equal to the chronic “In-stream Allowable” water quality criteria. These guidelines should be strictly followed where the industrial source water is not the receiving stream. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 21 Where the industrial source water is the receiving stream, and the measured background concentration is greater than the chronic “In-stream Allowable” water quality criteria, consideration may be given as to the degree to which the permittee should be required to meet the requirements of the water quality criteria in view of the nature and characteristics of the receiving stream. The spreadsheet has fifteen (15) data columns, all of which may not be applicable to any particular characteristic constituent of the discharge. A description of each column is as follows: Column 1: The "Stream characteristics. Background" concentrations of the effluent Column 2: The "Chronic" Fish and Aquatic Life Water Quality criteria. For cadmium, copper, trivalent chromium, lead, nickel, and zinc, this value represents the criteria for the dissolved form at laboratory conditions. The Criteria Continuous Concentration (CCC) is calculated using the equation: CCC = (exp { mC [ ln (stream hardness) ] + bC } ) (CCF) CCF = Chronic Conversion Factor This equation and the appropriate coefficients for each metal are from Tennessee Rule 1200-4-3-.03 and the EPA guidance contained in The Metals Translator: Guidance For Calculating A Total Recoverable Permit Limit From a Dissolved Criterion (EPA 823-B-96-007, June 1996). Values for other metals are in the total form and are not hardness dependent; no chronic criterion exists for silver. Published criteria are used for non-metal parameters. Column 3: The "Acute" Fish and Aquatic Life Water Quality criteria. For cadmium, copper, trivalent chromium, lead, nickel, silver, and zinc, this value represents the criteria for the dissolved form at laboratory conditions. The Criteria Maximum Concentration (CMC) is calculated using the equation: CMC = (exp { mA [ ln (stream hardness) ] + bA } ) (ACF) ACF = Acute Conversion Factor This equation and the appropriate coefficients for each metal are from Tennessee Rule 1200-4-3-.03 and the EPA guidance contained in The Metals Translator: Guidance For Calculating A Total Recoverable Permit Limit From a Dissolved Criterion (EPA 823-B-96-007, June 1996). Values for other metals are in the total form and are not hardness dependent. Published criteria are used for non-metal parameters. Column 4: The “Fraction Dissolved” converts the value for dissolved metal at laboratory conditions (columns 2 & 3) to total recoverable metal at instream ambient conditions (columns 5 & 6). This factor is calculated Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 22 using the linear partition coefficients found in The Metals Translator: Guidance For Calculating A Total Recoverable Permit Limit From a Dissolved Criterion (EPA 823-B-96-007, June 1996) and the equation: Cdiss  Ctotal = 1  1 + { [Kpo] [ss(1+a)] [10-6] } ss = in-stream suspended solids concentration [mg/l] Linear partition coefficients for streams are used for unregulated (7Q10) receiving waters, and linear partition coefficients for lakes are used for regulated (1Q10) receiving waters. For those parameters not in the dissolved form in columns 2 & 3 (and all non-metal parameters), a Translator of 1 is used. Column 5: The "Chronic" Fish and Aquatic Life Water Quality criteria at instream ambient conditions. This criteria is calculated by dividing the value in column 2 by the value in column 4. Column 6: The "Acute" Fish and Aquatic Life Water Quality criteria at in-stream ambient conditions. This criteria is calculated by dividing the value in column 3 by the value in column 4. Column 7: The "Chronic" Calculated Effluent Concentration for the protection of fish and aquatic life. This is the chronic limit. Column 8: The "Acute" Calculated Effluent Concentration for the protection of fish and aquatic life. This is the acute limit. Column 9: The In-Stream Water Quality criteria for the protection of Human Health associated with the stream use classification of Organism Consumption (Recreation). Column 10: The In-Stream Water Quality criteria for the protection of Human Health associated with the stream use classification of Water and Organism Consumption. These criteria are only to be applied when the stream use classification for the receiving stream includes both “Recreation” and “Domestic Water Supply.” Column 11: The In-Stream Water Quality criteria for the protection of Human Health associated with the stream use classification of Domestic Water Supply. Column 12: The Calculated Effluent Concentration associated with Organism Consumption. Column 13: The Calculated Effluent Concentration associated with Water and Organism Consumption. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 23 Column 14: The Calculated Effluent Concentration associated with Domestic Water Supply. Column 15: The Effluent Limited criteria. This upper level of allowable pollutant loading is established if (a) the calculated water quality value is greater than accepted removal efficiency values, (b) the treatment facility is properly operated, and (c) full compliance with the pretreatment program is demonstrated. This upper level limit is based upon EPA's 40 POTW Survey on levels of metals that should be discharged from a POTW with a properly enforced pretreatment program and considering normal coincidental removals. The most stringent water quality effluent concentration from Columns 7, 8, 12, 13, 14, and 15 is applied if the receiving stream is designated for domestic water supply. Otherwise, the most stringent effluent concentration is chosen from columns 7, 8, 12, and 15 only. Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 24 WQ Based Effluent Calculations Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 25 SAR Summary PTL TN0062367 0.08000 report CHROMIUM, VI report CHROMIUM 0.06000 NICKEL 0.18000 CADMIUM 0.00500 LEAD 0.01224 MERCURY 0.00040 SILVER 0.00500 ZINC 0.20000 CYANIDE 0.12668 TOLUENE 0.01500 BENZENE 0.00300 1,1,1 TRICHLOROETHANE 0.03000 ETHYLBENZENE 0.00400 CARBON TETRACHLORIDE 0.01500 CHLOROFORM 0.08500 TETRACHLOROETHYLENE 0.02500 TRICHLOROETHYLENE 0.01000 1,2 TRANSDICHLOROETHYLENE 0.00150 METHYLENE CHLORIDE 0.05000 TOTAL PHENOLS 0.05000 NAPHTHALENE 0.00100 TOTAL PHTHALATES 0.06450 COPPER CHROMIUM, III 85% PTL 2/11/2009 Proposed PTL Oct-13 Apr-13 Oct-12 Apr-12 Oct-11 Apr-11 Oct-10 Apr-10 Oct-09 Apr-09 0.01540 0.00065 0.02000 0.00065 0.00651 0.00012 0.00040 0.00020 0.00020 0.01400 0.00500 0.00953 0.00061 0.05000 0.00061 0.00133 0.00012 0.00065 0.00020 0.00020 0.01600 0.00500 0.01280 0.00070 0.05000 0.00070 0.00028 0.00012 0.00075 0.00020 0.00020 0.01330 0.00500 0.01740 0.00333 0.05000 0.00008 0.00028 0.00012 0.00080 0.00020 0.00020 0.01950 0.00500 0.01480 0.00333 0.05000 0.00333 0.00032 0.00012 0.00080 0.00020 0.00024 0.01680 0.00500 0.01800 0.00040 0.05000 0.00040 0.00032 0.00012 0.00080 0.00020 0.00024 0.01260 0.00500 0.01800 0.05000 0.05000 0.00278 0.00644 0.00012 0.00080 0.00020 0.00024 0.00387 0.00500 0.01870 0.05000 0.05000 0.00040 0.00644 0.00060 0.00226 0.00040 0.00040 0.03470 0.00500 0.02220 0.00200 0.00300 0.00200 0.00120 0.00080 0.00120 0.00020 0.00040 0.01750 0.00500 0.00968 0.01420 0.01030 0.01690 0.01310 0.00240 0.01170 0.01780 0.03180 0.02430 12/17/2013 0.06800 n/a n/a 0.05100 0.15300 0.00425 0.03825 0.00034 0.00425 0.17000 0.10781 0.01275 0.00255 0.02550 0.00340 0.01275 0.07225 0.02125 0.00850 0.00128 0.04250 0.04250 0.00085 0.05483 0.08000 report report 0.06000 0.18000 0.00500 0.04500 0.00040 0.00500 0.20000 0.12684 0.01500 0.00300 0.03000 0.00400 0.01500 0.08500 0.02500 0.01000 0.00150 0.05000 0.05000 0.00100 0.06450 Bolded in effluent data = potential to exceed 85% of proposed PTLs Shaded means detection level 0.00040 0.01280 0.00020 0.00120 0.00020 0.00032 0.01520 0.00500 Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 26 APPENDIX 4 WQ Based Effluent Calculations- Other Compounds ____________________________________________________________________________ Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 27 FACILITY: Brownsville Trickling Filter PE RMIT til: TNU DATE: 3. AL- Irstraarr allowable ?lm E"ILart ?raertlatior . Columns T-8. and 12-14 are the effluent concentrations allowableto prevent exceedence ofwaterquality criteria. . Potentjalto exceed criteria exists ifthe measured quantityin column 15 exceeds.orcould e:o:eed.the calculated allowable concentrations in columns T-8. and 12-14. . is required if the detection level used inthe scan is higherthanthe state RDL andforthe MDL ofthe approved EPA scan method and industryis known to have thatpollutar . All background concentrations forthese volatile organic. acid?extractable. and base-neutral compounds are assumed zero inthe absence of supporting monitoring data. e. Other metals for which data were provided on the application are evaluated on the Metals &Toxics spreadsheet. f. Reasonable potential does not exist forthe following reason(s}: Tlieleqlied used and resulted in non?detection orthe contributing industrial processes are NOT lil-celyto containthem. I10 Um Brownsville Energy Authority WWTP (Rationale) NPDES Permit TN0062367 Page 28 APPENDIX 5 CURRENT AND FUTURE PLANT CONFIGURATION DIAGRAMS Brownsville Energy Authority WWTP (Rationale) NPDES Permit TNOO62367 Page 29 Brownsville Energy Authority TN0075078 and TNOO62367 Current Con?guration NQTES Solid black lines denote effluent. Dashed black lines denote in?uent. Dotted black lines denote pointers. Average flows since Jan, 2011. TNOO62367 Outfall 001 Design Capacity 2.03 MGD Plant Lagoon TN007S078 Design Capacity Design Flow 2.28 MG I Average Flow 0.84 MG I 2.28 MGD City of Brownsville Plant Filter TNOO62367 TN0062367 Outfail 018 Design Capacity Design Capacity 1.08 GD 1.08 MGD Average Flow 0.73 MG I South Fork Forked Deer River BEA Optional Diversion To TNOO62367 outfall 01A Design Capacity 0.95 GD Average Flow 0 MG 0 Brownsville Energy Authority WWTP (Rationale) NPDES Permit TNOO62367 Page 30 Brownsville Energy Authority TNO075078 and TNOO62367 Proposed Future Con?guration TNO075078 Outfall 00 Always Plant Lagoon Design Flow 2.28 MGD South Fork. Forked Deer River . . TNO075078 Solid black lines denote ef?uent. Design Ca ad Dashed black lines denote ln?uent. 2 28 M20 Dotted black lines denote pointers. 1 Automotive Complex City of Brownsville TN75078 outfall O01 QB Including Pretreatment Facility 001 mi 0: 3 0 MGD named Depending on et . SBR ef?uent is included. Industrial Wastewater Combined Design How Maximum Design Flow s?\A [If TNOO62367 outfa" 002 Sequencing Batch Reactor Design Flow . 3.75 to 4.0 MGD Tom BEA Optional Diversion Capacity 4.0 MGD Total At ?east 1 MGD Effluent from SBR 'Design How? City Domestic Sewage 0.25 MGD