PUBLIC HEARING September 15, 2011

2011 Draft NPDES Permits for ArcelorMittal Facilities

Indiana Harbor West, Central Wastewater Treatment Plant,

Indiana Harbor East, and Indiana Harbor Long Carbon

Purpose of the Hearing

• Background on NPDES permits• Brief history of the permit process• Why four permits• Issues associated with the permits• Provide attendees with citizens summaries and information

on how to obtain copies of the draft permits• Receive comments from the public• Outline next steps for permits

NPDES Permits

NPDES Permit Components

NPDES Permit Components

ArcelorMittal East and WestPermit History

• ArcelorMittal West renewal permit was issued in 1986 (LTV Steel at the time).

• ArcelorMittal East renewal permit was issued in 1996 (as Inland Steel Company).

• Modifications were issued for West in 1990 & 1991 and East in 2001.

• Both draft permits were public noticed on 8/15/2011.

From Two to Four Permits

• ArcelorMittal East is now:– ArcelorMittal Indiana Harbor Long Carbon (IN0063355) – ArcelorMittal East (IN0000094)

• ArcelorMittal West is now:– ArcelorMittal West (IN0000205) – ArcelorMittal Indiana Harbor Central Wastewater

Treatment Plant (IN0063711)

Why Four Permits?

• Permits better reflect the business operations at these steel mills.

• Allows for easier transfer of permit requirements should portions of the facilities be sold to other entities.

• There are no new discharges at any of these facilities.

Why Public Notice these permits together?

• All facilities discharge to the same waterbodies:– Indiana Harbor Ship Canal– Indiana Harbor– Lake Michigan

• Provides the public with an opportunity to consider the impact of these facilities’ discharges holistically on receiving waters.

Discharges to Waters by PermitArcelorMittal East and Long Carbon

– ArcelorMittal Indiana Harbor Long Carbon (IN0063355) discharges to the Indiana Harbor Ship Canal.

– ArcelorMittal East (IN0000094) discharges to the Indiana Harbor Ship Canal, Indiana Harbor Turning Basin, and Grand Calumet River.

Discharges to Waters by PermitArcelorMittal West & Central Wastewater Treatment Plant

– ArcelorMittal West (IN0000205) discharges to the Indiana Harbor Ship Canal, Indiana Harbor, and Lake Michigan.

– ArcelorMittal Indiana Harbor Central Wastewater Treatment Plant (IN0063711) discharges to the Indiana Harbor Ship Canal.

Issues Common to these Permits

• Specific Pollutants• 301(g) Variances• Storm Water Requirements• Temperature Requirements• Water Intake Structure Requirements• Antidegradation

Specific PollutantsChromium–6

• Known to be present at process operations that discharge through the Central WWTP and ArcelorMittal East Outfall 014.

• The small amount of excess chromate solution used is collected and is disposed of off-site when a sufficient quantity is collected.

• Therefore, Chromium-6 is not limited at any ArcelorMittal outfalls.

• Chromium-6 prohibition language will be included at these specific outfalls.

Specific PollutantsLead and Zinc

• Different requirements in the different permits, depending on the outfall.

• Some limits are production based technology limits at internal outfalls as required by categorical standards.

• Where water quality based limits are more stringent than technology-based limits, water quality based limits placed at final outfall.

Specific PollutantsMercury

• Limits established for Mercury in all four permits.– Indiana Harbor Long Carbon (Outfall 001)

– Indiana Harbor East (Outfalls 011, 014, 018)

– Indiana Harbor West (Outfalls 002, 009, 010, 011)

– Indiana Harbor Central Wastewater Treatment Plant (Outfall 001)

Specific PollutantsAmmonia and Phenol

• ArcelorMittal East:– Ammonia regulated through 301(g) variance at Internal

Outfall 613 (Final Outfall 014).– Ammonia variance continued at previously approved level.

Phenols variance not continued. • ArcelorMittal West:– Ammonia and Phenols regulated through 301(g) variance

at Outfalls 009, 010, and 011 at previously approved levels.

301(g) VariancesDefined

• Section 301(g) of the Clean Water Act and 327 IAC 5-3-4(b)(2) allow for a variance from the applicable BAT requirements through the development of proposed modified effluent limitations (PMELs) for the non-conventional pollutants of ammonia, chlorine, color, iron, and total phenols (4AAP) provided that specific conditions are met.

301(g) Variances Application

• 301(g) Variances affect the following permits– ArcelorMittal West permit– ArcelorMittal East permit

• 301(g) Variances are most relevant for the following pollutants:– Ammonia– Phenols

301(g) VarianceConditions for Approval

– Modified limits will meet technology based BPT limits or Water Quality Based limits, whichever are more stringent.

– Modified limits will not result in any additional requirements on other point or nonpoint sources.

– Modified limits will not interfere with the attainment or maintenance of water quality.

– Modified limits will not result in release of pollutants in amounts that would bioaccumulate, persist, cause acute or chronic toxicity, etc.

301(g) VarianceArcelorMittal West

• U.S. EPA granted a 301(g) variance in 1986 for ammonia and phenols on a net basis over Outfalls 009, 010, and 011.

• ArcelorMittal submitted a sufficient application to renew the 301(g) variance.

• However, the sinter plant and blast furnace systems were removed from Outfall 011 and redirected to Outfall 009. Therefore, the allocations have been rearranged but the total net limits will still apply across the three outfalls as before.

• The PMELs will result in compliance with Indiana water quality standards and satisfy all Section 301(g) conditions.

301(g) Variance ArcelorMittal East

• IDEM reviewed effluent data from Internal Outfall 613 for phenols from May 2008 through June 2010.

• ArcelorMittal has been reporting results that would meet the proposed phenol BAT limits.

• The treatment system removes phenols.• IDEM recommended the variance request for phenol (4AAP) not

be renewed. • IDEM does recommend that the 301(g) variance for ammonia

be continued and at the level previously approved.

Storm Water Requirements

• All four NPDES permits contain new storm water requirements.

• New requirements include:– Industry specific storm water conditions– Non-numeric storm water limits– Requirements were developed using the 2008 U.S.

EPA Storm Water Multi-sector Permit Language

Thermal Requirements• Temperature is limited on discharges under the Clean Water

Act and IDEM rules.

• Based on the results of instream sampling and a multi-discharger thermal model, IDEM has determined that the discharges from ArcelorMittal facilities do not have a reasonable potential to exceed a water quality criterion for temperature.

• Under 5-2-11.5(e), the commissioner may require monitoring for a pollutant of concern even if it is determined that a WQBEL is not required based on a reasonable potential determination.

Thermal Requirements

• Apply to all four permits.

• Monitoring for temperature (Intake and Effluent). • New Thermal Discharge reporting included in

ArcelorMittal Central WWTP and West permits.

Cooling Water Intake Structures316(b)

• Affects the following Permits:– ArcelorMittal East– ArcelorMittal West– Indiana Harbor Long Carbon– Indiana Harbor Central Wastewater Treatment Plant

• IDEM conducted a Best Technology Available (BTA) of each permit to determine whether the facility was employing the most effective technology.

• IDEM’s review included document review, information provided by the facilities, as well as site visits.

Cooling Water Intake Structures316(b)

• IDEM determined that the existing intake structures are the Best Technology Available based on the following:– Substantial reduction in water intake demand.– A reduction in the number of pumps running simultaneously.

• Permits require:– Facilities to conduct both impingement and entrainment studies

during term of permit. – fact sheet has a complete written basis for this determination.

Toxic Release Inventory (TRI)

• A comparison of the Toxic Release Inventory with the NPDES permit at first blush seems to show problems with IDEM’s RPE analysis (related to chromium).

Toxic Release Inventory (TRI)• TRI data can provide useful information • However, TRI data is NOT suitable for NPDES permit development:

– Data are annual summaries of expected emissions of parameters and provide no indication of expected effluent quality.

– Data are summarized by parameters that are defined differently from how water quality criteria are expressed, and

– Data are gathered differently than data used for effluent quality and receiving stream quality.

– For example, some parameters are reported in TRI as mixtures of specific chemicals for which water quality criteria are not derived.

Antidegradation

• No increases in discharges of any pollutant.• New limits on pollutants added to this permit. This

draft permit is more stringent.• New limits are not a result of changes in pollutant

loading.• Permit does NOT allow an increase in pollutant

loading.

Antidegradation• An Antidegradation Review was performed for the discharges

from all four permits at the facilities.

• The Department determined the proposed discharges will not result in a significant lowering of water quality in accordance with the Antidegradation rules found in 327 IAC 2-1.5-4, 327 IAC 5-2-11.3 and 327 IAC 5-2-11.7.

Changes in the Permits• New Mercury Limits.• More Stringent limits for several pollutants including Oil & Grease, TRC,

Zinc, Lead, Copper, Silver, Naphthalene, TCE, Cadmium, Total Chromium, Nickel, Total Cyanide at specific outfalls.

• New technology based limits at several internal outfalls.• New reporting requirements for a variety of pollutants such as TSS, Free

Cyanide, Selenium, and Fluoride at specific outfalls.• New chronic and acute Biomonitoring at specific outfalls (Whole Effluent

Toxicity Testing).• 316(b) impingement & entrainment studies and fish return evaluation.• More stringent storm water requirements.• New reporting requirements for Temperature.

Next Steps

• Comment Period ends September 30, 2011.• 45 Day Comment Period.• Draft permit documents for the four permits can be found at

www.in.gov/idem/5338.htm• IDEM and U.S. EPA review public comments, and IDEM makes

necessary permit changes to ensure the final permit meets federal and state requirements.

• Permit Issuance.

Questions

Stan Rigney, Section ChiefIndustrial NPDES PermitsOffice of Water Quality

Indiana Department of Environmental Management

srigney@idem.IN.gov(317) 232-8709