February 13, 2018 VIA First Class U.S. Mail and Electronic Mail Mr. Sergei Chernikov NCDEQ/Division of Water Resources Water Quality Permitting Section - NPDES 1617 Mail Service Center Raleigh, NC 27699-1617
[email protected] [email protected] Re: Draft NPDES Major Modification– Marshall Steam Station, #NC0004987 Dear Mr. Chernikov: On behalf of the Catawba Riverkeeper Foundation, Inc. (the “Foundation”), the Sierra Club, and the Waterkeeper Alliance (together the “conservation groups”), we are providing these comments on the draft major modification of the National Pollutant Discharge Elimination System (“NPDES”) permit noticed for public comment by the North Carolina Department of Environmental Quality (“DEQ”) Division of Water Resources for Duke Energy’s Marshall Steam Station (“Marshall”), located near Terrell, North Carolina. The conservation groups challenged the existing permit in the Office of Administrative Hearings (“OAH”) in October 2016 (16 EHR 09913); the challenge is stayed pending expected resolution through this modification. DEQ’s proposed modifications address major flaws in the existing Marshall permit that are subject to the pending challenge in OAH, and these are changes we support. Our comments will address these needed changes. Although this is a positive step, DEQ also proposes to grant a new set of changes for Duke Energy that, unfortunately, introduce new errors. Among the most problematic: DEQ caves to Duke Energy’s unjustified request to extend its date to comply with federal effluent limitation guidelines (“ELGs”), which means Duke Energy will dump heavy metals in Lake Norman for longer; DEQ attempts to bypass ordinary modification procedures for future, hypothetical law changes; and DEQ eliminates a condition requiring “physical/chemical treatment” of wastewater during decommissioning of the ash pond, supposedly for faster dewatering, but does not specify how water quality will be protected.