HomeMy WebLinkAboutDWQ-2023-200101
FACT SHEET AND STATEMENT OF BASIS
FOSSIL ROCK RESOURCES, LLC – FOSSIL ROCK MINE
UTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES)
DISCHARGE RENEWAL PERMIT
UPDES PERMIT NUMBER: UT0023728
MINOR INDUSTRIAL FACILITY
FACILITY CONTACTSPerson Name:Ryan WilsonPosition:Manager of Land and Regulatory AffairsPerson Name:Vicky MillerPosition:Environmental Engineer & Signatory AuthorityPhone Number:801-852-0110Permittee:Fossil
Rock Resources, LLCFacility Name:Fossil Rock MineMailing Address:9815 South Monroe StreetSandy,Utah 84070
Facility Location:~10 miles northwest of Orangeville, Utah
DESCRIPTION OF FACILITY
Fossil Rock Resources, LLC – Fossil RockMine (Mine) is an inactive underground coal mine,which ceased operations in 2001,and with standard industrial classification (SIC) code 1222 for
bituminous coal underground mining (NAICS 212112). The mine portals have been sealed and there has been no mining activity since that time. There are currently three permitted discharge
outfalls, none of which have reported any discharges in many years. This renewal permit will once again authorize any potential future discharges during the next five years as appropriate.
SUMMARY OF CHANGES FROM PREVIOUS PERMIT
There are three proposed changes with this permit renewal. The first change is regarding the Stormwater permit provisions, which have been removed as part of a Division of Water Quality
(DWQ) programmatic separation of the previously combined UPDES permits. The Mine may now be required to apply for and obtain separate UPDES Industrial Storm Water Permit coverage under
the UPDES MSGP No. UTR000000, or an applicable exemption, as described further in the STORMWATER section of this Fact Sheet.
The second permit change is the additional field monitoring for temperature to be conducted and reported monthly along with the existing monitoring requirements. Temperature monitoring
is now beingincluded to provide additional water quality data in support of any future Total Maximum Daily Load (TMDL)study to address the impairment for the receiving waters within
the watershed. See the TOTALMAXIMUM DAILY LOAD REQUIREMENTSsection of this Fact Sheet for more information.
The third permit change is the addition of total metals monitoringto be conducted and reported monthly along with the existing monitoring requirements. Metals monitoring is now being
included to provide additional water quality data upon future startup of the mine and mine water discharges so that a Reasonable Potential analysis can be conducted to confirm the absence
or presence of the metals parameters in the discharge as appropriate. See the Reasonable Potential section of this Fact Sheet for more information.
All other permit conditions remain unchanged. TSS 25/35 removed?
DISCHARGE INFORMATION
DESCRIPTION OF DISCHARGE
The mine site is inactive with no reported discharges in many years. The mine has been reporting self-monitoring results on Discharge Monitoring Reports through NetDMR on a monthly basis
as appropriate. There have been no permit violations during the previous 5-year permit cycle.
OutfallDescription of Discharge Points
001 Located at latitude 3919'00" and longitude 11111'20". Outfall from sedimentation pond for surface water runoff during storm eventsfrom the mine site into Cottonwood Canyon Creek
drainage.
002Located at latitude 3919'03" and longitude 11111'25". Outfall for mine water dischargesfrom mine portals into Cottonwood Canyon Creek drainage.
003Located at latitude 3917'43" and longitude 1117'18". Outfall from sedimentation pond for surface water runoff during storm events from nearby waste rock pile site into Grimes Wash
drainage.
RECEIVING WATERS AND STREAM CLASSIFICATION
Discharges through Outfalls 001 & 002 are to Cottonwood Canyon Creek Drainage, which then flows into Cottonwood Creek. Discharges through Outfall 003 are to Grimes Wash, which is an
intermittent tributary of Cottonwood Creek. Cottonwood Creek is classified as follows according to Utah Administrative Code (UAC) R317-2-13:
Class 1C -- Protected for domestic purposes with prior treatment by treatment processes as required by the Utah Division of Drinking Water
Class 2B -- Protected for infrequent primary contact recreation. Also protected for secondary contact recreation where there is a low likelihood of ingestion of water or a low degree
of bodily contact with the water. Examples include, but are not limited to, wading, hunting, and fishing.
Class 3A -- Protected for cold water species of game fish and other cold water aquatic life, including the necessary aquatic organisms in their food chain.
Class 4 -- Protected for agricultural uses including irrigation of crops and stock watering.
TOTAL MAXIMUM DAILY LOAD REQUIREMENTS
According to the DWQ 2022 Integrated Report and 303(d) Assessment, Cottonwood Creek Upper (Cottonwood Creek and tributaries from USFS boundary to headwaters and Joes Valley Reservoir,
UT14060009-007_00) is listed as impaired for pH (1C, 2B and 3A use classes), temperature (3A use class), and total dissolved solids (TDS) (4 use class). Since temperature monitoring
has not been included in previous permits, it has now been added to provideadditional water quality data in support of any future TMDLstudy to address the impairment. The parameters
of concern remain the same as the previous permit with the addition of the temperature monitoring.
A Total Maximum Daily Load (TMDL) addressing the TDS impairment for the San Rafael River and tributaries was completed as part of the West Colorado River Watershed TMDL in 2004. As part
of the TMDL, site specific standards were developed for several stream segments in the watershed. A site-specific standard of 3,500 mg/l TDS was developed for Cottonwood Creek (and
has since been incorporated into the Utah Water Quality Standards) from the confluence with Huntington Creek to Highway 57. The Fossil Rock Mine (formerly known as the Trail Mountain
Mine), as well as the adjacent Cottonwood-Wilberg reclaimed mine site, discharge to Cottonwood Canyon Creek approximately 8 miles above this stream segment. The TMDL indicated a TDS
permit limit of 1,136 mg/l for the Trail Mountain Mine in order to be protective of downstream uses. For more detailed information, the TMDL can be found in at https://documents.deq.utah.gov/water-quality/watershed-protection/total-maximum-daily-loads/DWQ-2015-006611.pdf.
BASIS FOR EFFLUENT LIMITATIONSIn accordance with regulations promulgated in Title 40 of Code of Federal Regulations (CFR) Part 122.44 and in Utah Administrative Code (UAC) R317-8-4.2,
effluent limitations are derived from technology-based effluent limitations guidelines, Utah Secondary Treatment Standards (UAC R317-1-3.2) or Utah Water Quality Standards (UAC R317-2-14)
as applicable. In cases where multiple limits have been developed, those that are more stringent apply. In cases where no limits or multiple limits have been developed, Best Professional
Judgment (BPJ) of the permitting authority may be used where applicable. Best Professional Judgment or BPJ, refers to a discretionary, best professional decision made by the permit writer
based upon precedent, prevailing regulatory standards or other relevant information.
Permit limits can also be derived from the Wasteload Analysis (WLA), which incorporates Secondary Treatment Standards, Water Quality Standards (WQS), including any applicable TMDL impairments
as appropriate, Antidegradation Reviews (ADR) and designated uses into a water quality model that projects the effects of discharge concentrations on receiving water quality. Effluent
limitations are those that the model demonstrates are sufficient to meet State water quality standards in the receiving waters. During this UPDES renewal permit development, a WLA and
ADR were completed as appropriate. An ADR Level I review was performed and concluded that an ADR Level II review was not required at this time since there are no proposed increases
in flow or concentrations from the existing discharge operations. The WLA indicates that the effluent limitations will be sufficiently protective of water quality, in order to meet State
water quality standards in the receiving waters. The WLA and ADR information are included as attachments to this Fact Sheet.The following list is the basis of the effluent limitations
for the permit parameters:
Effluent limitations for pH are based on current Utah WQS found in UAC R317-2-14.
Limitations on total suspended solids (TSS) at coal mines are typically derived fromtechnology-based effluent limitations found in 40 CFRPart 434.45for facilities defined with alkaline
mine drainage and/or Utah WQS, but in this case the TSS limitations are carried over from the previous permit requirements based upon a Level II ADR that was completed and approved by
DWQ on November 19, 2013, which included more protective TSS limitations than eitherthe applicable 40 CFR or Utah WQS effluent limitations. Therefore, the more stringent TSS limitations
as a result of the previous ADR will apply once again based upon BPJ of the permitting authority and to avoid any anti-backsliding as per U.S. EPA policy.
The total iron limitation is based upon the Utah WQS of 1.0 mg/L for dissolved iron (UAC R317-2 Table 2.14.2) and will once again be included in this renewal permit as 1.0 mg/L for total
iron. Total iron includes the dissolved iron component and is therefore considered a more protective permit provision and is consistent with other industrial permits in Utah.
The oil & grease limitation is based on BPJ of the permitting authority and is consistent with other industrial permitsin Utah.
TDS limitations are based upon the existing TMDL for effluent concentration values as mentioned previously, and are also based the Colorado River Basin Salinity Control Forum (CRBSCF)
for mass loading values as authorized in UAC R317-2-4 to further control salinity in the Utah portion of the Colorado River Basin. Regarding TDS loading, the CRBSCF Policy entitled
“NPDES Permit Program Policy for Implementation of Colorado River Salinity Standards” (Policy), with the most current version dated October 2023, requires the TDS loading limitation
of one-ton (or 2000 lbs) per day, or 366 tons per year as a sum from all discharge points, unless the average concentration of TDS is 500 mg/L or less. If the concentration of TDS at
any Outfall is less than or equal to 500 mg/L as a thirty-day average, then no loading limit applies for that Outfall. The one-ton per day (or 366 tons per year) loading limit applies
only to those Outfalls exceeding 500 mg/L as a thirty-day average. Those Outfalls exceeding 500 mg/L as a thirty-day average, collectively, need to meet the one-ton (2000 lbs) per day,
or 366 tons per year limit. If one-ton (2000 lbs) per day, or 366 tons per year TDS cannot be achieved, then the permittee will be required to remove salinity/TDS in excess of one-ton
(2000 lbs) per day, or 366 tons per year by developing a treatment process, participating in a salinity off-set program, or developing some type of mechanism to remove the salinity/TDS.
The selection of a salinity control program must be approved by the Director ofDWQ.
The effluent flow limitation remains unchanged and is based upon the design flow of the discharging outfalls as provided previously by the Mine.
There are other technology-based effluent limits included in the permit as well for Outfalls 001 & 003 as appropriate. For discharges composed of surface water or mine water commingled
with surface water, 40 CFR Part 434.63 allows alternate effluent limits to be applied when discharges result from specific runoff events, detailed below and in the permit. The mine
has the burden of proof that the described runoff events occurred.
For runoff events (rainfall or snowmelt) less than or equal to a 10-year 24-hour precipitation event, settleable solids shall be substituted for TSS and shall be limited to 0.5 milliliters
per liter (ml/L). All other effluent limitations must be achieved concurrently, as described in the permit.
Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period greater than the 10-year, 24-hour precipitation event (or snowmelt of equivalent
volume) may comply with the existing pH limitations instead of the otherwise applicable limitations.
Reasonable Potential Analysis
Since January 1, 2016, DWQ has conducted reasonable potential analysis (RP) on all new and renewal applications received after that date. RP for this Permit renewal was conducted following
DWQ’s September 10, 2015 Reasonable Potential Analysis Guidance (RP Guidance) with outcomes as defined in the RP Guidance that provide a frame work for what routine monitoring or effluent
limitations are required.
A formal RP analysis for this permit renewal was not conducted because there has been a lack of discharge data from the Mine, which currently remains inactive. Because the Mine has not
discharged in over 20 years, as well as not having additional metals monitoring requirements in the permit previously, there is insufficient data to perform RPfor this Permit renewal.As
a result, monitoring for the appropriate metals parameters will be included in thePermit renewal in addition to the existing monitoring requirements. Starting on the effective date of
this permit, the following total metals analyses shall be monitored monthly from all discharging outfalls; Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Nickel, Selenium, Silver
and Zinc. The additional metals monitoring will help establish a record of presence or absence of each parameter and will allow for RP to be conducted in the future once at least ten
data points are collected.If the Mine begins operating and discharging regularly, a qualitative RP analysis can then be performed on subsequent permit renewals as appropriate.
The Mine is once again expected to be able to meet the existing permit limitations as follows:
Parameter
Effluent Limitations *a
Maximum Monthly Avg
Maximum Weekly Avg
Yearly
Average
Daily Minimum
Daily Maximum
Total Flow, MGD
0.5
--
--
--
--
TSS, mg/L
20
30
--
--
70
Total Iron, mg/L
--
--
--
--
1.0
TDS, mg/L
1136
--
--
--
Report
TDS, lbs/day *b
--
--
--
--
2000
pH, Standard Units
--
--
--
6.5
9.0
Oil & Grease, mg/L *c
--
--
--
--
10.0
Total Metals, mg/L *d
--
--
--
--
ReportSELF-MONITORING AND REPORTING REQUIREMENTSThe following self-monitoring requirements are the same as in the previous permit for Outfall 001 with the addition of temperature monitoring
as mentioned previously. Sampling frequency is based on the Mine being a minor industrial permit with a maximum design effluent flow of <1 MGD and is consistent with other similar coal
mine UPDES permits. The permit will once again require reports to be submitted monthly on Discharge Monitoring Report (DMR) forms via NetDMR due 28 days after the end of the monitoring
period. Effective January 1, 2017, monitoring results must be submitted using NetDMR unless the permittee has successfully petitioned for an exception.
Self-Monitoring and Reporting Requirements *a
Parameter
Frequency
Sample Type
Units
Total Flow
Monthly
Measured
MGD
TSS
Monthly
Grab
mg/L
Total Iron
Monthly
Grab
mg/L
TDS
Monthly
Grab
mg/L
TDS *b
Monthly
Grab
lbs/day
pH
Monthly
Grab
SU
Oil & Grease *c
Monthly
Visual/Grab
mg/L
Total Metals *d
Monthly
Grab
mg/L*aSee Definitions, Part VI, for definition of terms.*bNo lbs/tons per day loading limit will be applied at a specific Outfall if the concentration of TDS in the discharge is equal
to or less than 500 mg/L as a thirty-day average. However, if the thirty-day average TDS concentration exceeds 500 mg/L at any Outfall, then the permittee cannot discharge more than
1 ton per day (or 366 tons per year) as a sum from all discharge points exceeding 500 mg/L as a thirty-day average. If the permittee cannot achieve one ton per day (or 366 tons per
year) as a sum from all applicable Outfalls, the permittee will be required to account for the excess salinity/TDS tonnage by developing a treatment process, participating in a salinity
off-set program, or other type of mechanism to remove or offset the excess salinity/TDS. The selection of a salinity control program, or other type of treatment process, must be approved
by the Director of the Division of Water Quality.*cOil & Grease shall be sampled when sheen is present or observed. If no sheen is present or visible, then report NA. In addition to
monthly monitoring for oil and grease, a visual inspection for floating solids, sanitary waste, and visible foam shall be performed monthly at all Outfalls. There shall be no sheen,
floating solids, sanitary waste, or visible foam in other than trace amounts. *dStarting on the effective date of this permit, the following total metals analyses shall be monitored
monthly from all discharging outfalls; Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Nickel, Selenium, Silver and Zinc. The permittee is required to utilize the lowest detection
limit possible using sufficiently sensitive standard test methods and certified laboratories.
STORMWATER
Previously, stormwater discharge requirements and coverage were combined in this individual permit. These have now been separated to provide consistency among permittees, electronic
reporting for storm water discharge monitoring reports, and increased flexibility to changing site conditions. Permit coverage under the Multi Sector General Permit (MSGP) for Storm
Water Discharges from Industrial Activities maystill be required based on the Standard Industrial Classification (SIC) code for the facility and the types of industrial activities occurring,
if any. If the facility has not already determined if separate MSGP coverage is required, it has 30 days from when this permit is issued to submit the appropriate Notice of Intent (NOI)
for the MSGP or exclusion documentation.
Permit coverage under the Construction General Storm Water Permit (CGP) is required for any construction at the facility which disturb an acre or more, or is part of a common plan of
development or sale that is an acre or greater. A Notice of Intent (NOI) is required to obtain a construction storm water permit prior to the period of construction. Information on storm
water permit requirements can be found at http://stormwater.utah.gov
PRETREATMENT REQUIREMENTS
The Mine does not discharge process wastewater to a Publicly Owned Treatment Works (POTW). Any process wastewater that the Mine may discharge to a POTW, either as a direct discharge
or as a hauled waste, is subject to federal, state, and local pretreatment regulations. Pursuant to section 307 of the Clean Water Act, the Mine shall comply with all applicable federal
general pretreatment regulations promulgated, found in 40 CFR 403, the pretreatment requirements found in UAC R317-8-8, and any specific local discharge limitations developed by the
POTW accepting the waste. In addition, in accordance with 40 CFR 403.12(p)(1), the Mine must notify the POTW, the EPA Regional Waste Management Director, the DWQ Director and the State
hazardous waste authorities in writing if the Mine discharges any substance into a POTW that if otherwise disposed of would be considered a hazardous waste under 40 CFR 261. This notification
must include the name of the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous or batch).BIOMONITORING REQUIREMENTS
A nationwide effort to control toxic discharges where effluent toxicity is an existing or potential concern is regulated in accordance with the Utah Pollutant Discharge Elimination System
Permit and Enforcement Guidance Document for Whole Effluent Toxicity Control (biomonitoring), dated February 2018 (WET Policy). Authority to require effluent biomonitoring is provided
in Permit Conditions, UAC R317-8-4.2, Permit Provisions, UAC R317-8-5.3 and Water Quality Standards, UAC R317-2-5 and R317 -2-7.2.
The permittee is categorized as a minor industrial facility that has not discharged in over 20 years. If discharges were to occur in the future, it would be to a typically dry streambed,
in which toxicity is neither an existing concern, nor likely to be present based on previous monitoring datathat includes WET testingfrom when the Mine was active. Based on these considerations
and following the WETPolicy, there is no reasonable potential for toxicity in the permittee’s discharge. As such, there will be no numerical WET limitations or WET monitoring requirements
in this permit. However, the permit will contain a toxicity limitation re-opener provision that allows for modification of the permit at any time in the future should additional information
indicate the presence of toxicity in the discharge. PERMIT DURATIONIt is recommended that this permit be effective for a duration of five (5) years.Drafted & Reviewed byJeff Studenka,
Discharge Permit Writer & Colorado River Basin Salinity ControlLonnie Shull, BiomonitoringJordan Bryant, StormwaterJen Robinson, PretreatmentAmy Dickey, Watershed Protection/TMDLSuzan
Tahir, Wasteload Analysis & ADR Utah Division of Water Quality (801) 536-4300December 12, 2023PUBLIC NOTICE INFORMATION (to be updated after)Began: Month Day, YearEnded: Month Day, YearComments
will be received at: 195 North 1950 West PO Box 144870 Salt Lake City, UT 84114-4870The Public Noticed of the draft permit will be published on the Division of Water quality website
for at least 30 days as required.During the public comment period provided under R317-8-6.5, any interested person may submit written comments on the draft permit and may request a public
hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All
comments will be considered in making the final decision and shall be answered as provided in R317-8-6.12.ADDENDUM TO FSSOBDuring finalization of the Permit certain dates, spelling edits
and minor language corrections were completed. Due to the nature of these changes they were not considered Major and the permit is not required to be re Public Noticed.Responsiveness
Summary(Explain any comments received and response sent if applicable)ATTACHMENTS (1):I.Wasteload Analysis and Antidegradation Review InformationDWQ-2023-
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ATTACHMENT 1
Wasteload Analysis and
Antidegradation Review Information
(DWQ-2023-123764 & DWQ-2023-123775)
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