October 23, 2009
Russell A. Kelly, Chief
Permits and Services Division
ADEM
PO Box 301463
Montgomery, Alabama 36130-1463
Re: Alabama Power Company-Barry Steam Plant, NPDES Permit Number AL0002879, Modification
Dear Mr. Kelly:
We are Mobile Baykeeper, a twelve year old nonprofit organization with the mission of providing citizens a means to protect the beauty, health and heritage of the Mobile Bay watershed. We submit the following comments on the application for a NPDES permit modification made by Alabama Power Company on behalf of our board, officers, staff, and more than 3500 members.
1. ADEM Administrative Code 335-6-10-.04(5), Antidegradation Policy, lists that “developments constituting a new or increased source of thermal pollution shall assure that such release will not impair the propagation of a balanced indigenous population of fish and aquatic life.” Part IV, Section C. 316(A) Thermal Variance Study Requirements states that the permittee shall present the Department with a study plan to outline the study process of water quality and biology assessments at the facility, as well as at downstream stations, to judge the facility’s discharge impacts to organisms living within the Mobile River, in accordance with Clean Water Act Section 316a. The draft permit further requires that initial monitoring shall take place prior to year 3 of the permit, with a second monitoring to take place prior to year 5 of the permit effective date. In the permit rationale, it is stated that the additional thermal discharges to DSN002C are not expected to be a matter of concern. We assert that any additional thermal discharge increases have potential to alter the overall thermal pollution imprint and as such the Thermal Variance Study Requirements should be increased to require yearly monitoring for the life of the permit. We also assert that the study should be ensured to have a clear definition of a balanced, indigenous community, to include elements of a population typically characterized by diversity at all trophic levels, the capacity to sustain itself through cyclic seasonal changes, the presence of necessary food chain species, non-domination of pollution-tolerant species, and that all species are indigenous. A thorough approach to study and monitoring is absolutely necessary to meet the requirements of both ADEM Administrative code as well Clean Water Act Requirements.
2. Another point of concern is the provision to conduct a one-time only sampling of metals at outfall DSN002 within 6 months of the start of operational life of the scrubber and carbon capture systems. There is no clear indication of what process will occur if additional metal discharge is found coming from the scrubbers. As the Mobile River is a §303(d) listed waterway as impaired for metals, we are glad to see that sampling for additional metal pollutants is required by the permit, but we must insist that the permit include language that shall address potential additional discharges and the approach that the Department shall take with such findings, such as additional sampling requirements and/or permit modification.
3. The permit rationale also notes that as the Barry Steam Plant already is performing mercury analysis, that a provision for a complete Mercury Study Plan will be removed from the permit. The Mobile River is listed as impaired for metals, specifically mercury, on the 2008 Alabama §303(d) list, with a draft TMDL date of 2013. As such, these discharges should be carefully monitored on a regular basis and studied to gauge the facilities impact on in-stream water quality degradation over time during the term of the permit.
Overall, we would discourage granting this permit as it has been submitted. We would recommend that the Department require the permittee to enact thorough study of thermal effects on indigenous populations of organisms in the Mobile River at DSN002C, potential metals discharge from the scrubber and carbon capture systems at DSN002, and mercury discharges from DSN002. We find that these recommendation are necessary and will help the applicant avoid issues with water quality degredation as well as protect public safety.
Thank you in advance for the consideration of our comments. Please feel free to contact us at (251) 433-4BAY(4229).
Sincerely,
Casi Callaway
Executive Director & Baykeeper
Donna Jordan Program Director