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2 page 2 out of 111 UNITED STATES STEEL CORPORATION MINNESOTA ORE OPERATIONS KEETAC MINING AREA NPDES/SDS PERMIT APPLICATION PERMIT #MN December 2009 Prepared by: Liesch Associates, Inc. for United States Steel Corporation This application was prepared by me or under my direct supervision: Michael Johnson, P.E. Project Manager Chemical Engineer Mat Knutson Environmental Engineer

3 page 3 out of 111 TABLE OF CONTENTS 1.0 Introduction Summary of Significant Modifications / Requested Changes Regulatory Review MN Rules Written Application MN Rules Contents of NPDES Permit Applications MN Rules Nondegradation for All Waters MN Rules Nondegradation for Outstanding Resource Value Waters Facility Description Existing Conditions Changes Associated with Proposed Expansion Water Quality Standards Review Wild Rice Non-Degradation Review Welcome Lake Outfall (SD001) Welcome Creek Outfall (SD002) Mesabi Chief Outfall (SD003) & Perry Pit Outfall (SD00x) Impaired Waters Review Mercury Dissolved Oxygen Turbidity Fish Bioassessments PCBs Fecal Coliform Perfluorooctane Sulfonate MPCA NPDES/SDS Application Forms... 30

4 page 4 out of 111 Appendix A - Figures Figure 1. Site Location Figure 2. Predicted Pre-Expansion Water Flow Rates Prior to Reservoir 5 Removal Figure 3. Predicted Post-Expansion Water Flow Rates Following Reservoir 5 Removal Figure 4. USGS Topographic Map Facility Overview Figure 5. USGS Topographic Map Regional Overview Appendix B Water Quality Sampling Results Table 1. SD002 Welcome Creek Weir Outfall 050 DMR Data Table 2. SD003 Mesabi Chief Pipe Outfall 080 DMR Data Table 3. NPDES/SDS Permit Application Sampling Results Metals Table 4. NPDES/SDS Permit Application Sampling Results Non Metals Appendix C Material Safety Data Sheets (MSDS) Sodium Hydroxide, 25% (Hawkins) Potassium Permanganate (Cairox) Sodium Hypochlorite (Hawkins) Aluminum Chlorhydrate (Megafloc 891, Chemtreat P891L, Chemtreat S891L) Magnesium Chloride Solution (Univar)

5 page 5 out of INTRODUCTION Liesch Associates, Inc. (Liesch) was retained by United States Steel Corporation (U. S. Steel) to assist the Minnesota Ore Operations - Keetac (Keetac) in preparation of this application to modify their existing National Pollution Discharge Elimination System/State Disposal System Permit (NPDES/SDS Permit #MN ). This NPDES/SDS Permit was issued on June 15, 2006 by the Minnesota Pollution Control Agency (MPCA) and is associated with discharges from Keetac s mining and plant operations. Keetac is located just north of the town of Keewatin, Minnesota (see Figure 1 in Appendix A for a site overview). The application to modify the permit is being submitted to request construction associated with, and discharge authorization from the mine and plant areas, following a proposed expansion at Keetac that will increase pellet production from 6.0 million tons per year (MTY) to 9.6 MTY. The expansion is planned for An Environmental Impact Statement (EIS) for the proposed expansion is currently being developed. There are two primary changes the expansion will have on discharge waters from the mine and plant operations. The first is simply the increased water usage and discharges associated with the increased production and additional mining associated with the increased production. The second significant change is that Reservoir 5 is scheduled to be eliminated within the next five years. This will reduce facility discharges to Welcome Creek as the periodic overflow from Reservoir 5 into the ten settling basins that ultimately discharge to Welcome Creek will no longer occur. The proposed expansion is not anticipated to significantly alter discharge water quality covered under this NPDES/SDS permit. Information provided for this NPDES/SDS permit application is associated primarily with the proposed Keetac expansion project with a focus on constituents of concern as indicated by the MPCA. However, modeling of facility discharge rates, sulfate concentrations, and mercury concentrations were conducted for studies required during the EIS process for the next 25 years (2012 through 2036). Information on anticipated flow rates, sulfate concentrations/loadings, and mercury concentrations/loadings throughout the 25 year timeframe were included within this permit application where relevant. It should be noted that Keetac is in the final phases of a compliance schedule to address turbidity issues from SD002 into Welcome Creek (weir outfall 050). Keetac is currently LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 1

6 page 6 out of 111 constructing a pre-treatment basin equipped with a chemical coagulant feed system and a large settling basin immediately upstream of the outfall 050 weir. This system will resolve past concerns that Keetac has faced regarding compliance with the SD002 turbidity limit. Keetac is on schedule to meet the requirements of the compliance schedule, which requires that the turbidity treatment system will be completed and in operation prior to May 31, Keetac maintains a separate NPDES/SDS Permit (#MN ) for discharges associated with the tailings basin system. An application for permit modification to this permit has also been submitted to the MPCA to address the changes associated with the proposed facility expansion on those discharges. U. S. Steel conducted various projects in support of the environmental review and permitting process in preparation for the proposed expansion. Many of the projects/studies have been conducted to support the EIS being developed cooperatively by the Minnesota Department of Natural Resources (MNDNR) and the United States Army Corps of Engineers (USACE) with the Bois Forte Band of Chippewa acting as a cooperating agency. Through the EIS process, a significant amount of work was been conducted to better understand and predict the potential impacts of the proposed plant expansion on surface water discharges and receiving water bodies. Results from this work that are directly related to the NPDES/SDS permit application process are included in this application. However, there is a significant amount of data available for review from the EIS process that can provide more detail on specific aspects of the proposed expansion if required to evaluate this permit application. This information can be made available by a request for public documents from the MNDNR. Documents that provide additional information regarding water use, discharge, and predicted downstream impacts include: Water Balance/Mine Yield Study Keetac Expansion Project (Liesch, February 2009) Keetac Expansion Project Predicted Water Quantity and Quality Cumulative Impacts Evaluation (Liesch, April 2009) No Action Alternative Analysis for the Keetac Expansion EIS Memorandum (Liesch, August 2009) 2009 Water Quality, Hydrology, and Wild Rice Monitoring - Swan Lake, Hay Lake, Moose Lake, Hay Creek, and Hart Creek (Barr, September 2009) LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 2

7 page 7 out of 111 This application is being submitted for modifications that will occur due to the Keetac Expansion Project. A permit modification for Perry Pit dewatering was submitted on October 1, 2009 and is not connected to nor a phase of the Keetac Expansion Project. This application is contingent upon the Perry Pit Dewatering NPDES/SDS permit modification approval and discharge authorization provided by the MPCA. For instance, the nondegradation analysis conducted under the Perry Pit NPDES/SDS application is referenced in this application. This application is organized as follows: Section 1: Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Appendices: Summarizes significant modifications / requested changes Provides a regulatory review of applicable MN Rules. Provides a description of the process being permitted, details regarding activities impacting the discharges, discharge locations, and other pertinent information required by the NPDES/SDS Permit Application. Provides information regarding water quality standards review. Provides information regarding non-degradation review. Provides information regarding discharges to impaired waters. Includes the required MPCA NPDES/SDS Permit Application forms. Provide figures, tables, and other supporting information. 1.1 SUMMARY OF SIGNIFICANT MODIFICATIONS / REQUESTED CHANGES U. S. Steel is requesting to modify their current NPDES/SDS Permit authorization to discharge process wastewater and associated stormwater from the Keetac plant and mining areas following the proposed expansion to the Keetac facility. Changes in discharge flow rates and water quality characteristics are expected due to the expansion of the plant. However, the existing limits in the NPDES/SDS permit for the plant/mine for both water quantity and quality do not require modification based on predicted discharge rates and water quality characteristics throughout the 25-year timeframe of the project. U. S. Steel is proposing to make the following significant changes to current LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 3

8 page 8 out of 111 operations that may impact discharges from the plant and/or mining areas due to the proposed Keetac expansion project: A second taconite processing line will be started and expand plant production capabilities from 6 million tons per year to 9.6 million tons per year. The expansion will increase water discharge rates, although the predicted rates are expected to stay within existing permit limits. Increased mining depth and extent will require higher dewatering rates in the future which will result in higher discharge rates from the tailings basin system. Chemical usage associated with taconite processing will increase due to the increased production. Reservoir 5 will be removed. The mine dewatering and other waters previously discharged to Reservoir 5 will be routed directly to the plant as make-up water. In the event of a plant shut-down or required bypass, the water will be routed directly to the ten settling basins and ultimately discharged through SD002 (Welcome Creek Weir). A new biomass processing facility will be constructed. No direct discharge is associated with the process, however, stormwater run-off will flow to Welcome Lake via SD001. New haul roads and stockpiles will be developed as needed to support the future mining activities. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 4

9 page 9 out of REGULATORY REVIEW The following subsections provide a detailed review of applicable Minnesota Administrative Rules in regards to this NPDES/SDS permit application. Specific citation of the applicable rule is provided along with a brief discussion regarding the applicability or further information regarding each requirement. The applicable Minnesota Rules included within this section are: MN Rules Chapter (Permits and Certifications Written Applications) MN Rules Chapter (Permits and Certifications NPDES/SDS Permits) MN Rules Chapter (Waters of the State Nondegradation for All Waters) MN Rules Chapter (Waters of the State Nondegradation for Outstanding Resource Value Waters) Please note that a water quality standards review is provided in Section 3.0 of this application (MN Rules ) and an impaired waters review is provided in Section 4.0 of this application (40 CFR, Chapter 122). 2.1 MN RULES WRITTEN APPLICATION A person who requests the issuance, modification, revocation and reissuance, or reissuance of a permit shall complete, sign, and submit to the commissioner a written application. The person shall submit the written application in a form prescribed by the commissioner. The application shall contain the items listed in items A to I unless the commissioner has issued a written exemption from one or more of the data requirements. After receiving a written request for an exemption from a data requirement, the commissioner shall issue the exemption if the commissioner finds that the data is unnecessary to determine whether the permit should be issued or denied. The application must contain: A. the name, address, and telephone number of the owner of the facility for which the application is submitted and identification of the status of the owner as a federal, state, public, private, or other entity; B. if the operator of the facility for which the application is submitted is different from the owner, the name, address, and telephone number of the operator and identification of the status of the operator as a federal, state, public, private, or other entity; C. the name, address, and telephone number of the person who prepared the application; This information is included in the MPCA Water Quality Transmittal Form included in Section 7.0. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 5

10 page 10 out of 111 D. a description including the location of the business, plant, system, facility, or activity for which a permit is sought; This information can be found in the MPCA forms included in Section 7.0 as well as within the facility description in Section 3.0. E. a general description of the materials handled, processed, stored, or disposed of by the applicant that are pertinent to the application; and a statement of the nature and quantity of the materials proposed to be stored, processed, discharged, emitted, or disposed of during the period of the required permit, and proposed methods for control of these materials; This information can be found on the MPCA forms included in Section 7.0 as well as within the facility description in Section 3.0. In addition, material safety data sheets for products discussed in the facility description are included within Appendix C. F. a topographic map, or other map if a topographic map is unavailable, that shows the facility and the area surrounding the facility for a distance of at least one mile in all directions of the facility; and all structures that relate to the proposed discharge, emission, storage, processing, or disposal activity; This information is included on Figure 4 and Figure 5 in Appendix A. G. a copy of a draft or final environmental impact statement that has been prepared under the National Environmental Policy Act, United States Code, title 42, sections 4331 et seq. as amended through December 31, 1982, or a copy of an environmental assessment or environmental impact statement prepared under the rules of the Minnesota Environmental Quality Board, chapter 4410; As mentioned in Section 1.0, the MNDNR (in cooperation with the USACE and the Bois Forte Band of Chippewa) is currently drafting an EIS for the proposed Keetac expansion project. The Draft EIS is being prepared concurrently with this NPDES/SDS Permit application. Due to the size of the Draft EIS, it is not included with this application, but is available upon request. H. additional information determined by the commissioner to be relevant to a decision as to permit issuance, including but not limited to plans, specifications, or other technical information that is necessary to determine whether the facility will meet all applicable Minnesota and federal statutes and rules; and Information regarding compliance with water quality standards is included in Section 4.0. A non-degradation review is included in Section 5.0. A review of potential impacts to downstream impaired waters is included in Section 6.0. I. other information relevant to the application as required by parts to , , , to , , or MN Rules to apply to hazardous waste storage, treatment, or disposal facility permit applications and are therefore not applicable to this permit application. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 6

11 page 11 out of 111 MN Rule is discussed below within this section. MN Rule (renumbered ) has been repealed. MN Rules to apply to land treatment and disposal and to solid waste management facility permit applications and therefore are not applicable to this permit application. MN Rule applies to above ground storage tank permit applications and is therefore not applicable to this permit application. MN Rule applies to sewage sludge land application permit applications and is therefore not applicable to this permit application. 2.2 MN RULES CONTENTS OF NPDES PERMIT APPLICATIONS Subpart 1. Publicly owned treatment works. If the applicant is requesting the issuance, modification, revocation and reissuance, or reissuance of a national pollutant discharge elimination system permit for a publicly owned treatment works, the applicant shall submit the following information to the commissioner: [further Subpart 1 omitted] Not applicable. This application is not for a publicly owned treatment works. Subp. 2. Manufacturing, commercial, mining, and silvicultural discharges. If the applicant is requesting the issuance, modification, revocation and reissuance, or reissuance of a national pollutant discharge elimination system permit for a manufacturing, commercial, mining, or silvicultural discharge, the applicant shall submit the following information to the commissioner: A. The information required by part The required information from is previously discussed within this section. B. The name of the receiving water of the discharge. The permit application requests discharge authorization to Welcome Lake, Welcome Creek, and O Brien Creek. Further information is included in the MPCA Attachment for Industrial Surface Water Discharge Wastewater Treatment Facilities NPDES Permit Form included in Section 7.0 and within the facility description in Section 3.0. C. The exact location of the outfall, including the latitude and longitude of the location to the nearest 15 seconds. This information is included on Figure 4 in Appendix A. D. A line drawing of the water flow through the facility with a water balance, showing process and treatment operations contributing to the effluent. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 7

12 page 12 out of 111 cannot be determined, the applicant shall provide a pictorial description of the nature and amount of the sources of water and the collection and treatment measures. This information is included on Figure 2 and Figure 3 in Appendix A. E. A narrative identification of each type of process, operation, or production area which contributes or will contribute wastewater to the effluent for each outfall. This identification must include process wastewater, cooling water, and storm water runoff contributions to each outfall; the average flow that each process contributes; a description of the treatment the wastewater receives; a discussion of any disposal, other than by discharge, of solid or fluid wastes generated in the process; and the discharge frequency. This information is included within the facility description in Section 3.0 and in the MPCA Attachment for Industrial Surface Water Discharge Wastewater Treatment Facilities NPDES Permit Form included in Section 7.0. A brief discussion of other disposal/re-use option other than discharge is provided in the MPCA NPDES Permit Application Appendix A Form included in Section 7.0. F. A statement as to the product that is or will be manufactured, processed, or produced at the facility and a statement as to the quantity of the product actually manufactured, processed, or produced at the facility. If a technology based effluent guideline is applicable to the discharge, the applicant shall express the quantity of product in the same measure as that used in the applicable effluent limitation guideline. This information is included in the MPCA Attachment for Industrial Surface Water Discharge Wastewater Treatment Facilities NPDES Permit Form included in Section 7.0. G. If the applicant is subject to a requirement or compliance schedule for construction, upgrading, or operation of waste treatment equipment, an identification of the requirement, a description of the project, and a listing of the required and projected final compliance dates. U. S. Steel is currently in the process of constructing a turbidity treatment system on the facility discharge to Welcome Creek, under the terms of the Compliance Schedule contained Permit No. MN The project consists of constructing a pre-treatment basin downstream of the ten settling basins. The pre-treatment basin will be equipped with an active aeration system and a chemical coagulant will be added to the flow to enhance settling of iron particles. An eleventh settling basin is being constructed downstream from the pre-treatment basin and immediately prior to the Welcome Creek Weir (SD002). This basin will provide adequate residence time to settle solids and maintain turbidity limits within compliance. The compliance schedule requires the system to be installed and operational prior to May 31, LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 8

13 page 13 out of 111 H. The results of analyses and other information required by part MN rule establishes the required parameters for permit applicants to sample for inclusion within the permit application. The MPCA was consulted during the development of the permit modification application and specific parameters were identified by the MPCA that were required for review of this application. The MPCA indicated that a minimum of three samples from the Mesabi Chief Outfall and the Welcome Creek Outfall for each of the identified parameters was required for this permit application. The results from this sampling are included in Table 3 and Table 4 in Appendix B. I. If the analyses required by part were performed by a contract laboratory or consulting firm, the name and address of the laboratory or firm, and an identification as to which analyses were performed by the laboratory or firm. All analyses provided in Table 3 and Table 4 in Appendix B of this application were performed by Northeast Technical Services, Inc., 315 Chestnut Street, Virginia, MN (MDH Lab Certification # ). J. A list of any toxic pollutants that the applicant uses or manufactures or expects that it will use or manufacture during the next five years, including manufacturing as an intermediate or final product or byproduct. Information regarding chemical products used during taconite processing that have the potential to impact wastewater flowing to the Welcome Creek Weir is included in the facility description in Section 3.0 and within the material safety data sheets included in Appendix C. K. A description of the expected levels of and the reasons for any discharge of pollutants that the applicant knows or has reason to believe will in the next five years exceed two times the values reported under part No current discharge pollutants are anticipated to increase two times the values reported in this application. L. An identification of biological toxicity tests that the applicant knows or has reason to believe have been made within the last three years on any of the applicant's discharges or on a receiving water related to the applicant's discharge. There are no known toxicity tests within the past the three years. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 9

14 page 14 out of 111 M. If the applicant proposes to construct or operate a new or existing concentrated animal feeding operation or aquatic animal production facility, the information required in Code of Federal Regulations, title 40, section (h). Not applicable. This application is not for any of these listed activities. N. If the applicant wishes to request that the commissioner, in establishing a technology based effluent limitation to be included in the conditions of the permit, establish an effluent limitation which is different than the effluent limitation which would result from the normal application of the relevant effluent limitation guideline, then the applicant shall submit, either in the application or in a supplement to the application filed no later than the last day of the comment period established in part , subpart 4, the following information: [remainder omitted] Not applicable. The applicant is not requesting a variance from applicable effluent limitation guidelines. O. If the applicant desires to request an extension from the statutory deadline established in section 301(b)(2)(A) of the Clean Water Act, United States Code, title 33, section 1311(b)(2)(A), on the grounds that the applicant proposes to replace existing production capacity with an innovative production process which will meet the standards in section 301(k) of the Clean Water Act, United States Code, title 33, section 1311(k), the applicant shall submit an explanation and documentation supporting this claim. Not applicable. The applicant is not requesting a variance. 2.3 MN RULES NONDEGRADATION FOR ALL WATERS The intent of Minnesota nondegradation rules is to protect all waters from significant degradation from point and nonpoint sources and wetland alterations and to maintain existing water uses and aquatic and wetland habitats. It is the policy of the MPCA that water quality conditions must be maintained and protected when possible, even when those conditions are better than applicable water quality standards or better than levels necessary to support the beneficial uses. Subp. 3. Minimum treatment. Any person authorized to maintain a new or expanded discharge of sewage, industrial waste, or other waste, whether or not the discharge is significant, shall comply with applicable water quality standards of this chapter and effluent limits in chapter 7053 and other applicable federal and state point source treatment requirements. Nonpoint sources of pollution shall be controlled as required by this chapter, chapters 7020 and 7080, and any other applicable federal or state requirements. All existing beneficial uses shall be maintained in the receiving waters. A water quality standards review is included in Section 4.0. An impaired waters review is included in Section 6.0. Discharges from the Keetac facility must comply with federal effluent limitation guidelines (ELGs) established under 40 CFR 440 (Ore Mining and Dressing Point Source Category, Subpart A Iron Ore). Three parameters have ELGs established for this category, which are: Iron, dissolved 2.0 mg/l daily maximum/1.0 mg/l 30-day average LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 10

15 page 15 out of 111 Total Suspended Solids (TSS) 30 mg/l daily maximum/20 mg/l 30-day average ph Between 6.0 and 9.0 As can be seen in Table 1 and Table 2 in Appendix B, monitoring of these parameters from January 2001 through August 2009 indicates that discharges from the Keetac facility have been in compliance with the federal ELGs, with a few exceptions at SD002 (Welcome Creek Outfall). One of the 108 sampling months had sampling results that exceeded the dissolved iron limit. Five of the 108 sampling months had sampling results that exceeded the TSS limit. As discussed in this application (i.e. Section 1.0 and Section 3.0), Keetac is in the process of constructing a turbidity treatment system upstream of the Welcome Creek weir as part of a compliance schedule in their current NPDES/SDS Permit to address issues with turbidity compliance. This turbidity treatment system will reduce the potential for dissolved iron and TSS compliance issues as the new treatment system will oxidize dissolved iron in the water column and increase settling through coagulant addition and greater settling times. The compliance schedule requires the system to be installed and operational prior to May 31, The proposed expansion is not anticipated to affect compliance with discharge limits at the Mesabi Chief Outfall. Given the anticipated performance of the turbidity treatment system upstream of Welcome Creek and the lack of changes to the Mesabi Chief discharge water quality, it is expected that Keetac will continue to comply with applicable federal effluent limitations. Additional detailed information regarding the proposed Keetac expansion project and the potential effects on waters of the state is included with the draft EIS and available to the MPCA upon request. Subp. 4. Additional requirements for significant discharges. If a person proposes a new or expanded significant discharge from either a point or nonpoint source, the agency shall determine whether additional control measures beyond those required by subpart 3 can reasonably be taken to minimize the impact of the discharge on the receiving water. In making the decision, the agency shall consider the importance of economic and social development impacts of the project, the impact of the discharge on the quality of the receiving water, the characteristics of the receiving water, the cumulative impacts of all new or expanded discharges on the receiving water, the costs of additional treatment beyond what is required in subpart 3, and other matters as shall be brought to the agency's attention. Subp. 5. Determination of significance. A person proposing a new or expanded discharge of sewage, industrial waste, or other wastes shall submit to the commissioner the information required to determine whether the discharge is significant under subpart 2. If the discharge is sewage, the flow rate used to determine significance under this part is the design average wet weather flow for the wettest 30 day LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 11

16 page 16 out of 111 period. For discharges of industrial and other wastes, the flow rate to be used is the design maximum daily flow rate. In determining the significance of a discharge to a lake or other nonflowing receiving water, a mixing zone may be established under the guidelines of part , subpart 5. Discharges from the facility to Welcome Lake (SD001) and Welcome Creek (SD002) are not anticipated to increase due to the proposed expansion project (through 2036). SD002 will have decreased discharge rates following the removal of Reservoir 5, scheduled to occur within the next five years. Water quality characteristics will remain the same or improve (in the case of sulfate and turbidity) within these discharges, therefore these discharge points are not defined as new or expanded significant discharges. In October 2009, U. S. Steel applied for a modification of NPDES/SDS Permit No MN for the Perry Pit dewatering operation. A non-degradation analysis for the Mesabi Chief and Perry Pit outfalls was conducted in that application. The Keetac expansion project will not significantly affect the conclusions of the non-degradation analysis conducted for the October 2009 permit modification application. Future discharge water quality characteristics are not anticipated to change within these outfalls due to the proposed expansion and discharge volumes are expected to be lower than the initial pumping volumes addressed within the October 2009 permit modification application review. See Section 5.0 for more discussion on non-degradation applicability. Subp. 6. Baseline quality. If an existing discharge to a water of the state is eliminated or significantly reduced, baseline quality for purposes of this part shall be adjusted to account for the water quality impact associated with that particular discharge. If no data are available to determine baseline quality or the data collected after January 1, 1988, are of better quality, then the commissioner shall authorize the use of data collected after January 1, If no data are available, the person proposing the discharge may collect new data in accordance with agency protocols. Not applicable. No existing discharges to waters of the state are anticipated to be eliminated or significantly reduced due to the Keetac Expansion Project. Subp. 7. Incremental expansions. If a new or expanded discharge is proposed in increments, the increments must be added together to determine whether the discharge is a significant discharge. Once the criteria for a significant discharge are satisfied by adding together the increments, the requirements of this part shall apply to the discharge. As mentioned in Subp. 4 and Subp. 5 above, the Welcome Lake and Welcome Creek discharges are not defined as new or expanded significant discharges throughout the timeframe of the expansion project ( ). As mentioned in Subp. 4 and Subp. 5 above, the Mesabi Chief Outfall and Perry Pit Outfall underwent a nondegradation analysis as a part of the Perry Pit NPDES/SDS LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 12

17 page 17 out of 111 Permit modification application. The Keetac expansion project will not significantly affect the conclusions of the non-degradation analysis conducted in that application. Future discharge water quality characteristics are not anticipated to change within these outfalls due to the proposed expansion and discharge volumes are expected to be lower than the initial pumping volumes addressed within the October 2009 permit modification application review. Subp. 8. Determination of reasonable control measures for significant discharges. The person proposing a new or expanded significant discharge of sewage, industrial waste, or other wastes shall submit to the commissioner information pertinent to those factors specified in subpart 4 for determining whether and what additional control measures are reasonable. The commissioner shall provide notice and an opportunity for a public hearing in accordance with the permit requirements in chapter 7001 before establishing reasonable control requirements for a new or expanded significant discharge. As mentioned under Subp. 4 and Subp. 5 above, the Welcome Lake and Welcome Creek discharges are not defined as new or expanded significant discharges throughout the timeframe of the expansion project ( ). As mentioned under Subp. 4 and Subp. 5 above, the Mesabi Chief Outfall and Perry Pit Outfall underwent a nondegradation analysis as a part of the Perry Pit NPDES/SDS Permit modification application. The Keetac expansion project will not significantly affect the conclusions of the non-degradation analysis conducted in that application. Future discharge water quality characteristics are not anticipated to change within these outfalls due to the proposed expansion and discharge volumes are expected to be lower than the initial pumping volumes addressed within the October 2009 permit modification application review. Subp. 9. Physical alterations of wetlands. The permit or certification applicant shall comply with part if there is a proposed physical alteration that has the potential for a significant adverse impact to a designated use of a wetland and that is associated with a project that requires a National Pollutant Discharge Elimination System (NPDES) permit, a 401 certification under parts to , or a state disposal system permit. Future mining activities planned with the Keetac Expansion Project will require physical alterations of wetlands. Keetac will comply with MN Rule when mining activities progress to the extent that wetland impacts are required. Additional information regarding wetland impacts due to the proposed expansion can be found in the Draft EIS document previously referenced. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 13

18 page 18 out of MN RULES NONDEGRADATION FOR OUTSTANDING RESOURCE VALUE WATERS Subp. 3. Prohibited discharges. No person may cause or allow a new or expanded discharge of any sewage, industrial waste, or other waste to waters within the Boundary Waters Canoe Area Wilderness; those portions of Lake Superior north of latitude 47 degrees, 57 minutes, 13 seconds, east of Hat Point, south of the Minnesota Ontario boundary, and west of the Minnesota Michigan boundary; Voyageur's National Park; or Department of Natural Resources designated scientific and natural areas; or to federal or state wild river segments. Subp. 6. Restricted discharges. No person may cause or allow a new or expanded discharge of any sewage, industrial waste, or other waste to any of the following waters unless there is not a prudent and feasible alternative to the discharge: A. Lake Superior, except those portions identified in subpart 3 as a prohibited discharges zone; B. those portions of the Mississippi River from Lake Itasca to the southerly boundary of Morrison County that are included in the Mississippi Headwaters Board comprehensive plan dated February 12, 1981; C. lake trout lakes, both existing and potential, as determined by the agency in conjunction with the Minnesota Department of Natural Resources, outside the boundaries of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park and identified in parts to ; D. federal or state designated scenic or recreational river segments; and E. calcareous fens identified in subpart 6b. Subp. 6a. Federal or state designated scenic or recreational river segments. Subp. 6b. Calcareous fens. Subp. 7. Unlisted outstanding resource value waters. Subp. 8. Public hearing. No sewage, industrial waste, or other waste from the Keetac facility discharges directly to an outstanding resource value water (ORVW). Therefore, the limitations under Subpart 3 (prohibited discharges) and Subpart 6 (restricted discharges) do not apply. The subparts not listed or not listed in their entirety include definitions, ORVW designated waters, and information on requesting a public hearing for ORVW nondegradation concerns. Subp. 9. Impact from upstream discharges. The agency shall require new or expanded discharges to waters that flow into outstanding resource value waters be controlled so as to assure no deterioration in the quality of the downstream outstanding resource value water. All discharges from Keetac flow into the O Brien Diversion, then Hay Creek (which passes through Hay Lake), then Swan Lake, then Swan River, and ultimately to the Mississippi River. This portion of the Mississippi is identified as an ORVW. The discharges from Keetac are not expected to adversely impact this downstream ORVW. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 14

19 page 19 out of 111 Additional information regarding the impact of Keetac discharges on downstream impaired waters is included in Section 6.0 of this application. Subp. 10. Thermal discharges. If a thermal discharge causes potential water quality impairment, the agency shall implement the nondegradation policy consistent with section 316 of the Clean Water Act, United States Code, title 33, section Keetac discharges will not cause potential water quality impairment for thermal conditions. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 15

20 page 20 out of FACILITY DESCRIPTION 3.1 EXISTING CONDITIONS The Keetac mine and plant facility consists of mining excavation, mining waste rock disposal, processing plant, materials and equipment storage areas, water treatment plant, and wastewater disposal facilities. The principal activities at the facility are the open-pit mining of taconite (Biwabik Iron Formation) and the associated processing of mined taconite to produce taconite pellets. See Figure 1 in Appendix A for a site overview. The maximum rate of open-pit taconite mining as of 2009 is approximately 19 million long tons per year, which equates to 6.0 million tons per year (MTY) of taconite pellets following on-site plant processing. Water discharges from multiple points at the facility but, with the exception of the water treatment plant, ultimately discharges either west to O Brien Creek (Class 2C, 3C, 4A, 4B, 5, and 6) and into O Brien Reservoir (2B, 3C, 4A, 4B, 5, and 6), or east to Welcome Creek (2C, 3C, 4A, 4B, 5 and 6) that ultimately discharges into Reservoir 2 (2B, 3C, 4A, 4B, 5, and 6). Both of these waters discharge into the O Brien Diversion Channel (Class 2B, 3C, 4A, 4B, 5, and 6), which flows into Hay Creek (Class 2B, 3C, 4A, 4B, 5, and 6) and then to Swan Lake (Class 2B, 3C, 4A, 4B, 5, and 6). Intermittent filter back wash from the potable water treatment plant is discharged to Welcome Lake (2B, 3C, 4A, 4B, 5, and 6). Water discharged to the west is comprised of mine dewatering from Mesabi Chief Pit, Perry Pit, and potentially the Sargent Pit (discussed further below). The Mesabi Chief Pit discharges to O Brien Creek via the Mesabi Chief Outfall (SD003). The Perry Pit discharges to O Brien Creek upstream of the flow from the Mesabi Chief Outfall. O Brien Creek flows into the O Brien Reservoir, which then discharges into the O Brien Diversion Channel. The Sargent Pit currently has the potential to be conveyed into the Mesabi Chief Pit and then discharged to O Brien Creek or conveyed into the Russell Pit and then discharged into Reservoir 5. Most of the mine dewatering from the eastern pits is collected in Reservoir 5 and utilized for plant make-up. East mine pit dewatering and plant processing discharges authorized under this NPDES/SDS permit are conveyed through a series of ten settling basins, a LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 16

21 page 21 out of 111 turbidity treatment system (to be completed by May 31, 2011), and discharge through Outfall 050 weir to Welcome Creek (SD002). This includes mine pit dewatering during periods of high inflow to Reservoir 5 when water overflows Reservoir 5 into the ten settling basins. A few additional plant discharges also enter the ten settling basins, including pellet dust control discharges and other minor flows. The ten settling basins flow in series into a turbidity treatment system to be completed by May 31, The turbidity treatment system will consist of a pre-treatment basin and a larger downstream settling basin. Aluminum chlorhydrate will be added to the water to enhance settling rates as required. Effluent from the turbidity settling basin will flow to the Outfall 050 weir and discharge into Welcome Creek. Figure 2 in Appendix A provides a detailed water flow schematic for the Keetac facility in its current configuration (includes Reservoir 5). The following provides greater detail regarding the discharges that flow into Reservoir 5, as of These flows have the potential to discharge into Welcome Creek via the ten settling basins during overflow conditions in Reservoir 5. Most surface drainage and groundwater dewatering from mining waste disposal and excavation areas in the facility are collected in mine pit sumps and then pumped to Reservoir 5. These mine pits include Bennett, Russell, Section 18, and Stevenson. Additionally, dewatering from Sargent Pit has the capability of discharging to Russell Pit. Process wastewater is produced and collected in the bottom of two coarse crushers located in the Section 18 Pit. Crusher #1 and Crusher #2 process wastewater is pumped to Sump #1 and then to Reservoir 5. A septic holding tank handles the sanitary wastewater generated at the coarse crushers and Pit Dry. This sanitary wastewater is hauled offsite to a local POTW. No sanitary wastewater from the coarse crushers is discharged to Reservoir 5. An activated sludge package plant for the treatment of domestic wastewater discharges treated effluent through weir station WS005 to Reservoir 5. The treatment system consists of a bar screen, comminutor, diffused aeration tank, sludge holding tank, and chlorination contact tank. The sewage plant is designed to treat 40,000 GPD of sanitary wastewater with a five-day carbonaceous biological oxygen demand (CBOD5) strength of 140 milligrams per liter (mg/l). LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 17

22 page 22 out of 111 Bio-solids from this treatment process are transferred offsite to a permitted wastewater treatment facility. The combined floor drain overflow from the concentrator and the pellet plant is routed to Bennett pit (inactive), which flows to Russell pit, and is then pumped to Reservoir 5. The floor drain overflow may include emergency overflow process wastewater from the concentrator if a power failure occurs. All steam cleaning and floor drain wastewater from the truck shops and the plant/machine/welding shops is treated by an oil/water separator and sedimentation tank prior to overflowing to a drainage pipe to Bennett pit. Sludge from the shop areas is taken offsite for treatment or disposal. Oils removed from the oil/water separator are transported offsite for disposal or reuse. The following provides greater detail regarding the discharges that flow into the ten settling basins, through the turbidity treatment (to be completed by May 31, 2011), and then discharge into Welcome Creek via the Outfall 050 weir (SD002): Reservoir 5 overflows as discussed above Runoff from the plant area, as well as some active and inactive waste rock stockpile areas is discharged directly to the ten settling basins. Miscellaneous process flows which include discharge from the pellet dust control operations Ancillary tailings pipeline discharges. Two parallel tailings pipelines exit the north side of the concentrator and approximately follow the ten settling basins prior to crossing Highway 169 toward the Keetac Tailings Basin. Segments of these pipelines do not have spill containment berms, and some leaks from pipelines north of Highway 169 may flow toward the ten settling basins. The tailings are pumped through the pipelines, which include three dump valve drainage points north of Highway 169. These dump-valve points include detention basins and ponds used to contain tailings and process wastewater that is drained during line change-over, normal maintenance, and emergency shutdown situations. Dump points 1 and 2 overflow to the ten settling basins, while dump point 3 drains into a non-discharging infiltration basin. The tailings that do accumulate in these detention basins and ponds are typically removed every two years and hauled by truck for disposal in the Tailings Basin. Discharges from the LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 18

23 page 23 out of 111 tailings line drainage and the tailings basin system are regulated under NPDES/SDS Permit MN With the exception of the minor plant flows discharged to the ten settling basins discussed above, the vast majority of plant wastewater is combined with waste tailings and discharged to the tailings basin system as tailings slurry. Waters discharged in the slurry include treated blow-down water from two re-circulating wet scrubbers. The two re-circulating wet scrubbers treat waste gas from the existing indurating grate-kiln. Blowdown water from these wet scrubbers is sent to a wastewater treatment system. The wastewater treatment system includes lime addition to promote calcium sulfate (gypsum) precipitation and solids settling in an existing thickener (old indurating thickener). Solids from the thickener are dewatered using two filter presses and disposed offsite. Overflow from the thickener and filtrate from the filter presses are sent to the tailings basin within the slurry. Waste station WS011 is an internal stream and represents the influent water to the scrubber system. Waste station WS012 is located on the overflow from the indurating thickener prior to being sent to the tailings basin and represents the scrubber blow-down after treatment. The discharges from the tailings basin system are regulated under NPDES/SDS Permit MN The surface water discharges associated with the tailings basin system flow into Reservoir 2. The potable water treatment plant is located just north of Welcome Lake. The water treatment plant backwash wastewater from the sand filters is periodically discharged through culvert outfall SD001 to Welcome Lake. The plant uses potassium permanganate for iron removal and sodium hydroxide for ph balancing. The proposed expansion is not anticipated to affect the discharges from the water treatment plant into Welcome Lake. Some additional discharge from mining waste rock stockpile drainage flows to unnamed wetlands and creeks. Chemical dust suppressants are occasionally applied on roads in the plant and mine area. As of 2009, magnesium chloride and lignosulfonate are used. Water trucks are also used for dust control on roads and the plant area. These trucks are typically filled at water fill stations that utilize mine dewatering as a source of water. This does not restrict the use of other acceptable dust suppressants at the facility. Dry storage buildings are located north of Reservoir 5, south of the coarse crushers, and east of the mine plant area. A shovel repair area is located on the northwest side of the Russell Pit. Neither of these areas generate process or sanitary wastewaters. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 19

24 page 24 out of CHANGES ASSOCIATED WITH PROPOSED EXPANSION U. S. Steel is proposing to expand the Keetac processing plant beginning in Following the planned 2012 expansion, the taconite pellet production will increase to a total output of 9.6 MTY. Aside from increasing the overall processing capacity of the plant, the Keetac Expansion Project will increase the mining footprints of existing mining areas and also add two additional mine pits (Aromac and Carmi) throughout the course of the 25-year mining plan. The future Aromac Pit will have the potential to flow into the Mesabi Chief Pit, the Perry Pit, or be pumped directly to the Mesabi Chief Outfall. Discharges from the Aromac will therefore be monitored with the Perry Pit discharges or at the Mesabi Chief Outfall. The future Carmi Pit will be discharged into Reservoir 5 or directly to the plant as make-up water if Reservoir 5 has been removed by the time Carmi Pit dewatering commences. The flow of water at Keetac will be modified due to the proposed removal of Reservoir 5. As a result of this future removal, all water currently flowing to Reservoir 5 will be routed to the plant as make-up water. This will remove the periodic overflows of Reservoir 5 from SD002 discharges. At times it may become necessary to temporarily route plant make up flows through the ten settling basins and ultimately through SD002 during upsets, plant shutdowns, and or necessary bypasses at the plant. This may include scheduled maintenance on the production lines or emergency maintenance as required. Figure 3 in Appendix A provides a detailed water flow schematic for the Keetac facility following the removal of Reservoir 5. As indicated above, dewatering from Sargent pit has the capability of discharging to the Mesabi Chief Outfall or the Russell pit (and into Reservoir 5). The planned expansion will include adding the capability of Sargent to discharge to Reservoir 2 with potential for pumping into Reservoir 6 for plant make-up (via Reservoir 2). It is anticipated that the majority of the Sargent dewatering will be discharged to Reservoir 2 in the future. These discharges are also discussed within the permit modification application for the tailings basin system as the flows would ultimately be discharged through the tailings basin system and therefore covered under NPDES/SDS Permit MN Keetac intends to add an additional tailings discharge line with the proposed expansion. The existing scrubber wastewater treatment system will be upgraded as a part of the planned expansion. This will reduce the sulfate loadings discharging from the current treatment system. This upgrade is discussed in greater detail in the modification LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 20

25 page 25 out of 111 application for NPDES/SDS Permit MN The proposed expansion includes the installation of dry-scrubber technology. Therefore, the additional production related to the expansion will not increase scrubber blow-down discharges. A new biomass facility is being constructed within the Welcome Lake drainage area as a part of the proposed expansion. There will be no process discharge from the facility; however, stormwater run-off from the biomass area will flow to Welcome Lake via SD001. A summary table of estimated usages for all approved chemicals is included in Appendix C along with each individual MSDS. Predicted average and maximum flow rates for the discharge points discussed above are provided within Section 7.0 (MPCA NPDES/SDS Application Forms). LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 21

26 page 26 out of WATER QUALITY STANDARDS REVIEW Water quality standards are determined for each of the receiving waters based on appropriate water use classifications, as defined in MN Rules Table 1 (SD002 Weir Outfall 050 to Welcome Creek) and Table 2 (SD003 Pipe Outfall 080 to O Brien Creek) in Appendix B provide Discharge Monitoring Report results from 2001 through 2009 for the discharge monitoring locations covered under the Plant/Mine NPDES/SDS Permit. Table 3 (metals) and Table 4 (non-metals) in Appendix B provide sampling results regarding parameters of concern, as identified by MPCA personnel for the purposes of this permit application. The MPCA provided U. S. Steel with a list of parameters that were required for the NPDES/SDS Permit application and indicated that three sampling data points would be sufficient to document the concentrations of the identified parameters, unless sampling results indicated a specific concern. The MPCA has reviewed the results from the sampling and agreed that the three sampling events adequately characterized the discharge water quality. Tables 3 and 4 also list the applicable water quality standards for the most stringent water use classification in the downstream receiving waters for each parameter. The concentration for each parameter sampled is below the applicable water quality standards based on the water use classification of the receiving streams, with the exception of the sulfate standard for wild rice. The applicability of the wild rice standard is discussed further below. 4.1 WILD RICE There are no downstream receiving bodies that are designated as wild rice in MN Rule However, stands of wild rice have been identified in Hay Lake and Swan Lake. These lakes are downstream of Keetac discharges. Minnesota rules state that the sulfate water quality standard of 10 mg/l is to be used as a guide and applies to waters that are used for irrigation of wild rice. The standard is applicable to periods when the wild rice may be susceptible to damage by high sulfate levels. A compilation of scientific studies available from the literature (Walker, ) and the existing wild rice stands in Swan and Hay Lakes indicate that wild rice grows in sulfate concentrations considerably higher than the 10 mg/l standard. U. S. Steel is proposing to upgrade the existing sulfate wastewater treatment system to significantly reduce sulfate discharge loadings on 1 Walker, 2009, Wild Rice and Sulfate References, Barr Engineering, November 11, 2009 LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 22

27 page 27 out of 111 downstream receiving waters. Dry scrubbers are planned to be installed on the expanded line and will not increase sulfate discharge loadings. U. S. Steel requests that the MPCA consider these factors when evaluating the applicability of the sulfate standard on Keetac s discharge. An EIS is being prepared by the MNDNR for the Keetac Expansion Project. Barr Engineering, on behalf of U. S. Steel, has prepared a wild rice study to support the EIS process (2009 Water Quality, Hydrology, and Wild Rice Monitoring, Barr Engineering, September 2009). This study includes greater detail and discussion on the wild rice issue and should be reviewed to better understand the current and future predicted conditions due to the proposed expansion. Information regarding this study has been submitted previously to the MPCA as part of the Perry Pit NPDES/SDS permit application. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 23

28 page 28 out of NON-DEGRADATION REVIEW There are four surface water discharge locations that are authorized under the Mining Area NPDES/SDS permit: Welcome Lake Outfall (SD001) Welcome Creek Outfall (SD002) Mesabi Chief Outfall (SD003) discharge to O Brien Creek Perry Pit Outfall (SD00x discharge number not assigned) discharge to O Brien Creek 5.1 WELCOME LAKE OUTFALL (SD001) The Welcome Lake discharge is associated with the sand filter back-wash from the potable water supply treatment plant. The Keetac expansion project is not expected to change the volume, frequency, or water quality characteristics of these discharges. 5.2 WELCOME CREEK OUTFALL (SD002) The Welcome Creek outfall was originally permitted in the September 1984 NPDES/SDS permit. Minor process effluents, east mine dewatering (via Reservoir 5 overflow or temporary plant bypass), groundwater, and stormwater runoff are discharged over a weir to Welcome Creek through Outfall 050 (SD002). The planned elimination of Reservoir 5 is the only significant change being made due to the proposed Keetac expansion that would affect the water flow rate or quality being discharged out the Welcome Creek weir. Reservoir 5 is planned to be removed as part of the expansion. Water discharged from the east mine pits into Reservoir 5 are used as a source of plant make-up water. Water occasionally overflows from Reservoir 5 into the ten settling basins prior to being discharged out the Outfall 050 weir (SD002). During plant shut-downs, the majority of the water discharged from the east mines into Reservoir 5 overflow into the ten settling basins and ultimately SD002. Following removal of Reservoir 5, east mine pit dewatering will be directed into the plant as make-up water. East mine pit dewatering would still be discharged into the ten settling basins during plant shut-downs or emergencies. There are no process related changes that would increase loadings of contaminants into Welcome Creek. Furthermore, eliminating the periodic overflow from Reservoir 5 during LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 24

29 page 29 out of 111 normal operations to the ten settling basins will decrease discharge loadings at SD002 from current levels. 5.3 MESABI CHIEF OUTFALL (SD003) & PERRY PIT OUTFALL (SD00X) The Mesabi Chief Outfall was originally permitted in However, a non-degradation analysis was not conducted at that time. In October 2009, U. S. Steel applied for an NPDES/SDS permit modification for the Perry Pit dewatering operation. A nondegradation analysis for the combined outfall was conducted in that application. The Keetac expansion project will not significantly affect the conclusions of the nondegradation analysis conducted for the October 2009 permit modification application. Future discharge water quality characteristics are not anticipated to change within these outfalls due to the proposed expansion and discharge volumes are expected to be lower than the initial pumping volumes addressed within the October 2009 permit modification application review. Mine pit dewatering from the Mesabi Chief and Aromac Pits are discharged to Pipe Outfall 080 (SD003). Perry Pit discharges through a separate outfall immediately upstream of SD003. There are no planned increases in flow rates for these two outfalls and industrial activities associated with the plant expansion are not expected to impact the concentration of water quality parameters in any of these the outfalls. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 25

30 page 30 out of IMPAIRED WATERS REVIEW There are currently eight impairments identified by the MPCA in various downstream receiving waters from the Keetac facility. None of the impaired waters receive direct discharge from the plant or mine operations. The water body and associated impairment are as follows: O Brien Reservoir (Reservoir #4) - Mercury in Tissue Swan Lake (Main Basin) - Mercury in Tissue Swan River (to Mississippi) - Mercury in Tissue - Dissolved Oxygen Mississippi River - Mercury in Tissue - Mercury in Water Column - Turbidity - Dissolved Oxygen - PCB in Fish Tissue - Fecal Coliform - Fish Bioassessments - Perfluorooctane Sulfonate (PFOS) in Fish Tissue The Perry Pit discharge has been evaluated for impacts to impaired waters in the October 1, 2009 NPDES/SDS permit modification application. The proposed plant expansion is not anticipated to significantly alter this discharge from the information utilized in the evaluation included in the October 1 permit application. The impacts to impaired waters for the Mesabi Chief Outfall are evaluated below. The future Aromac discharge is expected to have a similar water quality as the discharge from the Mesabi Chief due to its proximity to the Mesabi Chief pit and will discharge through the same outfall point. Therefore the evaluation of potential effects of the future Aromac discharge on impaired waters is assumed to be similar to the evaluation for the Mesabi Chief in this application. The discharge from the Mesabi Chief will meet water quality LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 26

31 page 31 out of 111 standards of the receiving waters for the impairments and will not cause or contribute to further impairments. The proposed expansion project is not anticipated to change the discharge characteristics from the potable water treatment plant to Welcome Lake (sand filter back-wash system). The only other discharge point that the proposed project will significantly alter is the reduced flows at the Welcome Creek weir (SD002) following the removal of Reservoir 5. The removal of Reservoir 5 is expected to occur during this permit term. Dewatering discharges that currently flow into Reservoir 5 will be directed into the plant as make-up water. It should be noted that a pretreatment basin, large settling basin, and coagulant feed system will be installed upstream of the Welcome Creek weir to address turbidity compliance issues (to be completed prior to May 31, 2011). The installation of the turbidity treatment system is the result of a compliance schedule included with the 2006 re-issuance of the NPDES/SDS permit. The discharge from the Welcome Creek weir will meet water quality standards of the receiving waters for the impairments at the point of discharge and will not cause or contribute to further impairments. Further discussion regarding each of the impairments listed above as it relates to the Mesabi Chief and Welcome Creek discharge is provided below. 6.1 MERCURY All three water bodies listed above are impaired for mercury in fish tissue. The Mississippi River is also impaired for mercury in the water column. A total maximum daily load (TMDL) has been approved for these impairments. The mercury concentration in the samples from the Mesabi Chief and the effluent of the Welcome Creek weir averaged 1.87 and 1.03 nanograms/liter, respectively (see Table 3 in Appendix B). This is a fraction of the concentration observed in rainwater in this area. The water quality standard for mercury for this area of Minnesota is 6.9 ng/l. The EPA has approved a mercury TMDL for all mercury impaired waters in this region. Due to the low levels of mercury in the Mesabi Chief and Welcome Creek discharges and since there are no anticipated changes in the mercury levels, this discharge will not cause or contribute to the downstream impairment. Effluent monitoring for mercury at the Mesabi Chief Outfall and Welcome Creek weir is already required and is expected to be continued under the next permit. The effluent mercury concentrations from these discharge locations are anticipated to continue to be LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 27

32 page 32 out of 111 consistently below the water quality standard for the area of 6.9 ng/l. The discharge of water from the Mesabi Chief Outfall and Welcome Creek weir is not expected to cause or contribute to mercury impairment in downstream receiving waters. 6.2 DISSOLVED OXYGEN A TMDL has not been approved for this impairment. Dissolved oxygen is typically depleted in rivers and streams due to elevated phosphorous (which can lead to excessive eutrophication) and/or biological oxygen demand (BOD) levels. Phosphorous concentrations in the Mesabi Chief and Welcome Creek weir discharges averaged less than 4 and 14 micrograms/liter, respectively. The phosphorus water quality standards for the receiving waters are all at or above 30 micrograms/liter. BOD levels were below detection limits for all three samples taken from the Mesabi Chief Outfall and Welcome Creek weir discharge. The low-phosphorus and low-bod discharges from the proposed expansion project into upstream receiving waters will not cause or contribute to further impairments. 6.3 TURBIDITY A TMDL has not been approved for this impairment. The Mesabi Chief Outfall and Welcome Creek weir discharge had an average turbidity value of 2.7 and 13.6 NTU, respectively for samples collected in the summer 2008 (see Table 4 in Appendix D). The historic turbidity compliance issues at the Welcome Creek weir have occurred during winter discharges. To alleviate those issues, U. S. Steel is installing a settling basin and coagulant feed system (construction beginning in the fall of 2009 with completion by May 31, 2011). It is expected that the turbidity levels following treatment will be well below the 25 NTU limit. Welcome Creek flows into Reservoir 2 North, which flows to Reservoir 2 prior discharge into the O Brien Diversion Channel, which is well upstream of the turbidity impaired waters. Those reservoirs would be expected to significantly lower turbidity levels prior to discharge from Reservoir 2 through settling. The impaired receiving waters have a water quality standard of 25 NTU. The new treatment system prior to the Welcome Creek weir is expected to lower concentrations below that level. Reservoir 2 North and Reservoir 2, which are considerably upstream of turbidity impaired waters, will further decrease residual turbidity levels. The Mesabi Chief Outfall has consistently had turbidity levels below 25 NTU. Therefore, the Mesabi Chief Outfall and Welcome Creek discharge are LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 28

33 page 33 out of 111 not expected to cause or contribute to the impairments of the downstream impaired waters. In addition, the extremely low phosphorous and non-detectable levels of BOD are good indicators that the discharges from the Mesabi Chief Outfall and Welcome Creek weir will not contribute or cause turbidity impairments downstream. It is likely that the increased flows overall from the proposed expansion project will help decrease turbidity in the downstream receiving waters. 6.4 FISH BIOASSESSMENTS A TMDL has not been approved for this impairment. Turbidity would be a likely candidate as a surrogate parameter for fish bioassessments. The impaired water for fish bio-assessments is on the Mississippi water just north of Minneapolis which is several hundred miles away. As is explained in the turbidity section, Keetac discharge water is not expected to contribute to turbidity impairments. Therefore, it is not expected to cause or contribute to fish bioassessment impairments downstream. 6.5 PCBS A TMDL has not been approved for this impairment. PCBs are not reasonably expected to be present in the effluent from the Mesabi Chief Outfall or Welcome Creek weir. 6.6 FECAL COLIFORM A TMDL has not been approved for this impairment. Fecal coliform is not reasonably expected to be present in the effluent from the Mesabi Chief Outfall or Welcome Creek weir. 6.7 PERFLUOROOCTANE SULFONATE A TMDL has not been approved for this impairment. Perfluorooctane sulfonate is not reasonably expected to be present in the effluent from the Mesabi Chief Outfall or Welcome Creek weir. LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 29

34 page 34 out of MPCA NPDES/SDS APPLICATION FORMS Included with this section are the MPCA NPDES/SDS Permit Modification Application Forms required. The forms included are: MPCA Water Quality Transmittal Form MPCA NPDES/SDS Permit Application Appendix A MPCA Attachment for Industrial Surface Water Discharge Wastewater Treatment Facilities National Pollutant Discharge Elimination System (NPDES/SDS) Permit W:\ww\94213\NPDES Permit Applications\Plant-Mine\FINAL APPLICATION\Application Plant doc LIESCH ASSOCIATES, INC. Dec 2009 Hydrogeologists Engineers Environmental Scientists Page 30

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40 page 40 out of 111 On-site waste water treatment plant and small septic holding tank for coarse crusher and Pit Dry (holding tank contents hauled off-site to local POTW).

41 page 41 out of 111 Overland flow to Welcome Lake

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44 APPENDIX A FIGURES WaterLegacy Exhibit 1 page 44 out of 111

45 WaterLegacy Exhibit 1 page 45 out of 111 Stevenson Section 18 Reservoir Five Proposed Mining Extent Russell Bennett Plant Sargent Aromac Mesabi Chief Perry Keewatin w:\ww\94213\gis\feb 09\Fig1.mxd w:\ww\94213\feb 2009\Fig1.pdf Reservoir Two North Reservoir Six Inner Tailings Pond Tailings Basin Reservoir Two 2nd Stage Pond Source: 2003 NAIP Orthophoto, MnDOT Projection: NAD83 UTM Zone 15N 0 Hy d ro ge o l o gi s t s Minneapolis Chicago Los Angeles Engineers Madison E nv i r o nm e nt a l S c i e nt i s t s Milwaukee Phoenix 5,000 10,000 Feet º 1:60,000 1 Inch = 5,000 Feet U.S. Steel - Keetac Feb 09 Site Location Figure 1

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48 page 48 out of 111 Plant Perry Pit Discharge Point N W SD N W SD N W SD N W Res 2N W:\ww\94213\NPDES Permit Applications\Tailings Basin\USGS Map.doc Res 2 O Brien Diversion Ditch Inner Tailings Basin Source:USGS 7.5 minute topographic Composite of Keewatin, MN and Silica, MN quadrangle Res 6 U. S. Steel - Keetac Oct 09 USGS Topographic Map Facility Overview Figure 4

49 page 49 out of 111 Keewatin Plant tu 169 e k e Tailings Basin C r Swan Lake y H a W:\ww\94213\GIS\Nov_09 W:\ww\94213\NPDES Permit Applications\Tailings Basin\Regional Overview.pdf M i s s i s s i p p i R i v e r S Itasca St. Louis w Aitkin Source: Microsoft Virtual Earth Topos Miles Projection: NAD83 UTM Zone 15N 1:250,000 º ww w.liesc h.com a n R i v e r tu 2 U.S. Steel - Keetac Nov 09 Hydrogeologists Engineers Environmental Scientists Minneapolis Chicago Los Angeles Madison Milwaukee Phoenix USGS Topographic Map Regional Overview Figure 5

50 APPENDIX B WATER QUALITY SAMPLING RESULTS WaterLegacy Exhibit 1 page 50 out of 111

51 Table 1: SD002 Welcome Creek Weir Outfall 050 DMR Data Nitrogen, Ammonia, Un-ionized (as N) Nitrogen, Ammonia, Un-ionized (as N) WaterLegacy Exhibit 1 page 51 out of 111 Max Daily Iron, Dissolved (as Fe) Iron, Dissolved (as Fe) Mercury, Total Oil & Grease Oil & Grease TSS TSS Specific Temperature, Water Temperature, Turbidity Turbidity Zinc, Total (as Zn) Zinc, Total (as Zn) ph ph Total Flow Flow CalMoAvg Max (as Hg) CalMoAvg Max CalQtrAvg* Max CalMoAvg Max Cond. CalMoAvg Water Max CalMoAvg Max CalMoAvg Max Minimum Maximum MG mgd mg/l mg/l ng/l mg/l mg/l mg/l mg/l mg/l mg/l umh/cm Deg F Deg F NTU NTU mg/l mg/l s.u. s.u. DEC NOV OCT SEP AUG <0.05 <0.05 <0.01 < JUL <0.01 < JUN <0.01 <0.01 <0.4 < MAY APR <0.05 <0.05 <0.01 < MAR <0.05 < <0.01 <0.01 <0.4 < FEB JAN DEC NOV OCT SEP AUG JUL JUN MAY APR MAR FEB JAN <0.05 < DEC <0.4 < NOV <0.05 < OCT <0.05 <0.05 <0.01 < SEP <0.05 <0.05 <0.5 <0.01 <0.01 <0.5 < AUG <0.05 <0.05 <0.01 < JUL <0.05 <0.05 <0.01 < JUN <0.01 <0.01 <0.5 < MAY <0.01 < APR <0.01 < MAR <0.5 <0.01 <0.01 <0.5 < FEB <0.05 < JAN DEC <0.05 < <0.5 < NOV OCT <0.01 < SEP <0.01 <0.01 <0.5 < AUG <0.01 < JUL <0.01 < JUN <0.01 <0.01 <0.5 < <25 < MAY <0.01 <0.01 <0.5 < APR <0.01 <0.01 <0.5 < MAR <0.01 <0.01 <0.5 < <25 < FEB <0.5 < JAN <0.5 < DEC <0.5 < <25 < NOV <0.5 < OCT <0.01 <0.01 <0.5 < SEP <0.01 <0.01 <0.5 < <20 < AUG <0.01 <0.01 <0.5 < JUL <0.5 < JUN MAY <0.03 <0.03 <0.01 <0.01 <0.5 < APR <0.01 <0.01 <0.5 < MAR <0.01 <0.01 <0.5 < <10 < FEB <0.5 < JAN <0.5 < DEC <0.5 < <10 < NOV <0.5 < OCT <0.03 <0.03 <0.01 <0.01 <0.5 < SEP <0.01 <0.01 <0.05 < <10 < AUG <0.01 <0.01 <0.5 < JUL <0.01 <0.01 <0.5 < JUN <0.01 <0.01 <0.5 < <10 < MAY <0.01 <0.01 <0.5 < APR <0.01 <0.01 <0.5 < MAR <0.02 <0.02 <0.5 < FEB JAN <0.03 <0.03 <0.5 < DEC <0.5 < NOV <0.5 < OCT <0.03 <0.03 <0.01 <0.01 <0.5 < SEP <0.03 <0.03 <0.01 <0.01 <0.5 < <10 < AUG <0.03 <0.03 <0.01 <0.01 <0.5 < JUL <0.01 <0.01 <0.5 < JUN <0.03 <0.03 <0.01 <0.01 <0.5 < <10 < MAY <0.01 <0.01 <0.5 < APR <0.03 <0.03 <0.01 <0.01 <0.5 < MAR <0.01 <0.01 <0.5 < <10 < FEB JAN <0.5 < DEC <0.03 <0.03 <0.5 < <10.0 < NOV <0.03 <0.03 <0.5 < OCT <0.03 <0.03 <0.01 <0.01 <0.5 < SEP <0.03 <0.03 <0.01 <0.01 <0.5 < <10 < AUG <0.03 <0.03 <0.01 <0.01 <0.5 < JUL <0.03 <0.03 <0.01 <0.01 <0.5 < JUN <0.03 <0.03 <0.01 <0.01 <0.5 < MAY <0.01 <0.01 <0.5 < APR <0.01 <0.01 <0.5 < MAR <0.01 <0.01 <0.5 < <10.0 < FEB <0.5 < JAN <0.5 < DEC <0.5 < <10.0 < NOV <0.5 < OCT <0.01 <0.01 <0.5 < SEP <0.01 <0.01 <0.5 < <10.0 < AUG <0.01 <0.01 <0.5 < JUL <0.01 <0.01 <0.5 < JUN <0.01 <0.01 <0.5 < <10.0 < MAY <0.01 <0.01 <0.5 < APR <0.01 <0.01 <0.5 < MAR <0.01 <0.01 <0.5 < <10.0 < FEB <0.5 < JAN <0.5 < * Prior to June 2006, measurements were calcuated by calander month average.

52 Table 2: SD003 Mesabi Chief Pipe Outfall 080 DMR Data WaterLegacy Exhibit 1 page 52 out of 111 Iron, Iron, Dissolved (as Dissolved (as Mercury, Zinc, Total Total Flow Max Daily Flow Fe) CalMoAvg Fe) Max Total (as Hg) Oil & Grease CalQtrAvg* Oil & Grease Max TSS CalQtrAvg* TSS Max Specific Cond. Turbidity CalMoAvg (as Zn) Max ph Minimum ph Maximum MG mgd mg/l mg/l ng/l mg/l mg/l mg/l mg/l umh/cm NTU mg/l s.u. s.u. DEC NOV OCT SEP AUG <0.05 < JUL <0.05 < JUN <0.05 < <0.4 < MAY APR <0.05 < MAR <0.05 < <0.4 < FEB JAN DEC NOV OCT SEP AUG JUL JUN MAY APR MAR FEB <0.05 < JAN <0.05 < DEC <0.05 < <0.4 < NOV <0.05 < OCT <0.05 < SEP <0.05 < <0.5 < AUG <0.05 < JUL <0.05 < JUN <0.05 < <0.5 < MAY <0.05 < APR <0.05 < MAR <0.05 < <0.5 < FEB <0.05 < JAN DEC <0.05 < <0.5 < NOV <0.05 < OCT SEP <0.05 < <0.5 < AUG <0.05 < JUL JUN <0.5 <0.5 <1 < < MAY <0.05 <0.05 <0.5 < APR <0.05 <0.05 <0.5 < MAR <0.05 <0.05 <0.5 <0.5 <1 <1 439 <0.05 < FEB <0.05 <0.05 <0.5 < JAN <0.05 <0.05 <0.5 < DEC <0.05 <0.05 <0.5 < < NOV <0.05 <0.05 <0.5 < OCT <0.05 <0.05 <0.5 < SEP <0.05 <0.05 <0.5 < < AUG <0.05 <0.05 <0.5 < JUL <0.05 <0.05 <0.5 < JUN MAY <0.03 <0.03 <0.5 < APR <0.03 <0.03 <0.5 < MAR <0.05 <0.05 <0.05 <0.05 <1.0 < < FEB <0.03 <0.03 <0.5 < JAN <0.03 <0.03 <0.5 < DEC <0.03 <0.03 <0.5 <0.5 <1 < < NOV <0.03 <0.03 <0.5 < OCT <0.03 <0.03 <0.5 < SEP <0.03 <0.03 <0.5 <0.5 <1 < < AUG 2004 JUL <0.03 <0.03 <0.5 < JUN <10 MAY <0.03 <0.03 <0.5 < APR <0.03 <0.03 <0.5 < MAR <0.03 <0.03 <0.5 <0.5 <1.0 < < FEB <0.03 <0.03 <0.5 < JAN <0.03 <0.03 <0.5 < DEC <0.03 <0.03 <0.5 < NOV <0.03 <0.03 <0.5 < OCT <0.03 <0.03 <0.5 < SEP <0.03 <0.03 <0.5 <0.5 <1.0 < < AUG <0.03 <0.03 <0.5 < JUL <0.03 <0.03 <0.5 < JUN <0.03 <0.03 <0.5 <0.5 <1 < < MAY <0.03 <0.03 <0.5 < APR <0.03 <0.03 <0.5 < MAR <0.03 <0.03 <0.5 <0.5 <1 < < FEB <0.03 <0.03 <0.5 < JAN <0.03 <0.03 <0.5 < DEC <0.03 <0.03 <0.5 <0.5 <1.0 < < NOV <0.03 <0.03 <0.5 < OCT <0.03 <0.03 <0.5 < SEP <0.03 <0.03 <0.5 <0.5 <1.0 < < AUG <0.03 <0.03 <0.5 < JUL <0.03 <0.03 <0.5 < JUN <0.03 <0.03 <0.5 <0.5 <1.0 < MAY <0.03 <0.03 <0.5 < APR <0.03 <0.03 <0.5 < MAR <0.03 <0.03 <0.5 <0.5 <1.0 < < FEB <0.03 <0.03 <0.5 < JAN <0.03 <0.03 <0.5 < DEC <0.03 <0.03 <0.5 < < NOV <0.03 <0.03 <0.5 < OCT <0.03 <0.03 <0.5 < SEP <0.03 <0.03 <0.5 < < AUG <0.03 <0.03 <0.5 < JUL <0.03 <0.03 <0.5 < JUN <0.03 <0.03 <0.5 < < MAY <0.03 <0.03 <0.5 < APR <0.03 <0.03 <0.50 < MAR <0.5 <0.5 <1.0 < < FEB <0.5 < JAN <0.03 <0.03 <0.5 < * Prior to June 2006, measurements were calcuated by calander month average.

53 Table 3. NPDES Permit Application Sampling Results - Metals WaterLegacy Exhibit 1 page 53 out of 111 Metals Sample Date Aluminum Antimony Arsenic Barium Boron Cadmium Calcium Chromium Cobalt Copper Iron ug/l ug/l ug/l ug/l ug/l ug/l mg/l ug/l ug/l ug/l mg/l ug/l mg/l ug/l ng/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l Applicable Water Quality Standard * * - 13* * * SD-002 Welcome Creek Dec 2005 <25 Mar 2006 <25 Jun 2006 <25 Dec Jan Feb /13/ <10 < < <2 <2 <2 < <2 <2 <25 <10 <10 6/30/ <10 < < <2 <2 <2 < <2 2.1 <25 <10 <10 8/1/2008 <25 <10 < < <2 <2 <2 < <2 <2 <100 <10 <10 AVERAGE < 34 < 10 < < < 2.0 < 2.0 < < < 14 < 2.0 < 2.03 < 50 < 10 < 10 < 25 SD-003 Mesabi Chief Mar 2006 <25 Jun 2006 <25 Jan 2008 <0.05 Feb 2008 <0.05 6/13/ <10 < <50 < <2 <2 <5 < <5 <2 2.1 <50 <10 <10 8/1/2008 <25 <10 <2 18 <50 < <2 <2 <2 < <5 <2 <2 <100 <10 <10 8/18/ <10 < <50 < <2 <2 < < <5 <2 <2 <25 <10 <10 <25 AVERAGE < 26 < 10 < < 50 < < 2.0 < 2.0 < 3.0 < 0.05 < < 5.0 < 2.0 < 2.03 < 58 < 10 < 10 < 25 Sargent Pit 8/18/2008 <25 < <50 < <2 <2 <2 <0.05 < <5 <2 2.9 <25 <10 <10 <25 *Water quality standard variable depending on hardness. A hardness value of 300 mg/l was used to determine applicable standard. For results from Perry Pit sampling, please refer to September 30, 2009 Perry Pit NPDES Modification Application. Lead Magnesium Manganese Mercury Molybdenum Nickel Selenium Tin Titanium Vanadium Zinc W:\ww\94213\NPDES Permit Applications\Plant-Mine\Permit App Sampling - Plant_Mine wout Perry.xls Page 1 of 2

54 Table 4. NPDES Permit Application Sampling Results - Non Metals WaterLegacy Exhibit 1 page 54 out of 111 Non-Metals Sample Date Oil & Grease BOD Bromide Chloride COD Fluoride Nitrogen, Ammonia mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l umhos mg/l NTU Low-Level Phosphorus, Total Solids, Filterable (TDS) Solids, Nonfilterable (TSS) Specific Conductance Sulfate Turbidity Applicable Water Quality Standard * 25 SD-002 Welcome Creek 6/13/2008 <2 <3 < < /30/2008 <2 <4 < /1/2008 <2 <2.4 < < /26/ /17/ /1/ Average < 2.0 < 3.1 < < SD-003 Mesabi Chief 6/13/2008 <2 < /1/2008 <2 <2.4 < <10 <0.1 < /18/2008 <2 <2.4 < <0.1 <0.1 < < /26/ /17/ Average < 2.0 < 2.6 < < 20 < 0.28 < 0.10 < < Sargent 8/18/2008 <2 <2.4 < < < < /26/ /17/ Average < 2.0 < 2.4 < < 0.10 < 0.19 < < * Class 4A waters include a 10 mg/l sulfate standard applicable to water used for production of wild rice. This limit is discussed in more detail in Section 6.0. For results from Perry Pit sampling, please refer to September 30, 2009 Perry Pit NPDES Modification Application. W:\ww\94213\NPDES Permit Applications\Plant-Mine\Permit App Sampling - Plant_Mine wout Perry.xls Page 2 of 2

55 page 55 out of 111 APPENDIX C MATERIAL SAFETY DATA SHEETS (MSDS) A summary table of estimated usages and MSDSs are included within this appendix for products utilized at Keetac that have the potential to impact discharges for which Keetac is requesting authorization under this NPDES Permit Application. The individual MSDSs follow the summary table. Two compounds are listed which are used within the potable water treatment system, and therefore have the potential to impact the discharge water quality of the back-flush discharges to Welcome Lake. Sodium hypochlorite is used as a disinfectant in the sanitary wastewater treatment system. Aluminum chlorhydrate will be used within the turbidity treatment system discussed in Section 1.0 and Section 3.0, and thus has the potential to impact discharges through SD002 to Welcome Creek. Magnesium chloride solution is potentially used as a dust suppressant compound on roads and areas around the plant and can therefore impact discharge water quality both in the mine dewatering discharges (to O Brien Creek or Welcome Creek) and discharges to the ten settling basins.

56 page 56 out of 111 U. S. Steel Keetac: Mining Area NPDES Permit MSDS Review Chemical List Usage Estimate Max Usage Estimate Comment Sodium Hydroxide* 2,100 gal/yr 2,500 gal/yr ph control in potable water system Potassium Permanganate 32 gal/yr 38 gal/yr corrosion inhibitor in potable water system Sodium Hypochlorite 40 gal/mo 50 gal/mo disinfectant in sanitary wastewater treatment system Aluminum Chlorhydrate 100 lbs/day 2,500 lbs/day flocculent added to ten settling basins effluent for turbidity treatment Magnesium Chloride Solution 13,000 gal/yr 16,000 gal/yr dust suppression used on roads near plant area * New chemical requesting authorization for discharge through this permit modification application.

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73 SODIUM HYPOCHLORITE (HAWKINS) WaterLegacy Exhibit 1 page 73 out of 111

74 Material Safety Data Sheet Azone 15, EPA No Hour Emergency Phone: CHEMTREC Date of Preparation: 01/21/99 Revision: 3/10/08 Section 1 - Chemical Product and Company Identification Synonyms: Sodium Hypochlorite; Bleach; hypochlorous acid, sodium salt CAS No: Molecular Weight: Chemical Formula: NaOCl Distributed by Hawkins, Inc., 3100 E. Hennepin Avenue, Minneapolis, MN ( ) Section 2 - Composition / Information on Ingredients Ingredient CAS No Percent Hazardous Sodium Hypochlorite (as NaOCl) % Yes Sodium Hydroxide % Yes Section 3 - Hazards Identification Emergency Overview DANGER! CORROSIVE. CAUSES BURNS TO ANY AREA OF CONTACT. MAY BE FATAL IF SWALLOWED. HARMFUL IF INHALED. Potential Health Effects Inhalation: Excessive inhalation of vapors, mists, or fumes may cause bronchial irritation, coughing, labored breathing, nausea, and pulmonary edema. Additional effects have included circulatory collapse and confusion, delirium, coma. Ingestion: May cause erosion of the mucous membranes. Symptoms include vomiting, circulatory collapse, confusion, coma, and death. May cause edema of pharynx, glottis, and larynx and perforation of the esophagus or stomach. Effects are less damaging at lower concentrations. Skin Contact: Contact may cause severe irritation with blistering and eczema, especially at higher concentrations. Eye Contact: Contact may cause severe irritation and damage, especially at higher concentration. Chronic Exposure: A constant irritant to the eyes and throat. WaterLegacy Exhibit 1 page 74 out of 111 IHS Number: Aggravation of Pre-existing Conditions: Persons with impaired respiratory function may be more susceptible to the effects of the substance. Page 1 of 5

75 page 75 out of 111 Azone 15, EPA No revised: 3/10/08 24 Hour Emergency Phone: CHEMTREC IHS Number: Section 4 - First Aid Measures Inhalation: Remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Get medical attention immediately. Ingestion: If swallowed, DO NOT INDUCE VOMITING. Give large quantities of water. Never give anything by mouth to an unconscious person. Get medical attention immediately. Skin Contact: Immediately flush skin with plenty of water for at least 15 minutes while removing contaminated clothing and shoes. Get medical attention immediately. Wash clothing before reuse. Thoroughly clean shoes before reuse. Eye Contact: Immediately flush eyes with plenty of water for at least 15 minutes, lifting lower and upper eyelids occasionally. Get medical attention immediately. Note to Physician: Consider oral administration of sodium thiosulfate solutions if sodium hypochlorite is ingested. Do not administer neutralizing substances since the resultant exothermic reaction could further damage tissue. Endotracheal intubation could be needed if glottic edema compromises the airway. For individuals with significant inhalation exposure, monitor arterial blood gases and chest x-ray. NFPA Ratings: Health: 3 Flammability: 0 Reactivity: 1 Section 5 - Fire-Fighting Measures Fire: Not considered to be a fire hazard. Substance releases oxygen when heated, which may increase the severity of an existing fire. Containers may rupture from pressure buildup. Explosion: This solution is not considered to be an explosion hazard. Fire Extinguishing Media: Use any means suitable for extinguishing surrounding fire. Use water spray to cool fireexposed containers, to dilute liquid, and control vapor. Special Information: In the event of a fire, wear full protective clothing and NIOSH-approved self-contained breathing apparatus with full facepiece operated in the pressure demand or other positive pressure mode. Section 6 - Accidental Release Measures Ventilate area of leak or spill. Wear appropriate personal protective equipment as specified in Section 8. Isolate hazard area. Keep unnecessary and unprotected personnel from entering. Contain and recover liquid when possible. Collect liquid in an appropriate container or absorb with an inert material (e. g., vermiculite, dry sand, earth), and place in a chemical waste container. Do not use combustible materials, such as saw dust. Do not flush to sewer! US Regulations (CERCLA) require reporting spills and releases to soil, water and air in excess of reportable quantities. The toll free number for the US Coast Guard National Response Center is (800) Page 2 of 5

76 page 76 out of 111 Azone 15, EPA No revised: 3/10/08 24 Hour Emergency Phone: CHEMTREC IHS Number: Section 7 - Handling and Storage Keep in a tightly closed container, stored in a cool, dry, ventilated area. Protect against physical damage. Isolate from incompatible substances. Containers of this material may be hazardous when empty since they retain product residues (vapors, liquid); observe all warnings and precautions listed for the product. Section 8 - Exposure Controls / Personal Protection Airborne Exposure Limits: Sodium Hypochlorite: AIHA (WEEL) - STEL - 2 mg/m3 Sodium Hydroxide: No information available -OSHA Permissible Exposure Limit Sodium Hypochlorite: (PEL): 0.5 ppm (TWA), 1 ppm (STEL) as Chlorine Sodium Hydroxide: 2 mg/m3 Ceiling -ACGIH Threshold Limit Value (TLV): Sodium Hypochlorite: 1 ppm (TWA), 3 ppm (STEL) as Chlorine Sodium Hydroxide: 2 mg/m3 Ceiling Ventilation System: A system of local and/or general exhaust is recommended to keep employee exposures below the Airborne Exposure Limits. Local exhaust ventilation is generally preferred because it can control the emissions of the contaminant at its source, preventing dispersion of it into the general work area. Please refer to the ACGIH document, "Industrial Ventilation, A Manual of Recommended Practices", most recent edition, for details. Personal Respirators (NIOSH Approved): If the exposure limit is exceeded, a full facepiece respirator with an acid gas cartridge may be worn up to 50 times the exposure limit or the maximum use concentration specified by the appropriate regulatory agency or respirator supplier, whichever is lowest. For emergencies or instances where the exposure levels are not known, use a full-facepiece positive-pressure, air-supplied respirator. WARNING: Air purifying respirators do not protect workers in oxygen-deficient atmospheres. Skin Protection: Wear impervious protective clothing, including boots, gloves, lab coat, apron or coveralls, as appropriate, to prevent skin contact. Eye Protection: Use chemical safety goggles and/or a full face shield where splashing is possible. Maintain eye wash fountain and quick-drench facilities in work area. Appearance: Colorless to yellowish liquid. Section 9 - Physical and Chemical Properties Odor: Melting Point: Chlorine-like odor. 15F (12.5%) Boiling Point: 40C (104F) Decomposes slightly Solubility: Vapor Density (Air=1): 100% in water. No information found. Specific Gravity: Vapor Pressure (mm Hg): 1.2 (12.5%) Dependent on concentration ph: > 10 Page 3 of 5

77 page 77 out of 111 Azone 15, EPA No revised: 3/10/08 24 Hour Emergency Phone: CHEMTREC IHS Number: Section 10 - Stability and Reactivity Stability: Slowly decomposes on contact with air. Rate increases with the concentration and temperature. Exposure to sunlight accelerates decomposition. Sodium hypochlorite becomes less toxic with age. Hazardous Decomposition Products: Emits toxic fumes of chlorine when heated to decomposition. Sodium oxide at high temperatures. Hazardous Polymerization: Will not occur. Incompatibilities: Ammonia (chloramine gas may evolve), amines, ammonium salts, aziridine, methanol, phenyl acetonitrile, cellulose, ethyleneimine, oxidizable metals, acids, soaps, and bisulfates. Conditions to Avoid: Light, heat, incompatibles. Section 11- Toxicological Information Sodium Hypochlorite: No LD50/LC50 information found relating to normal routes of occupational exposure. Investigated as a tumorigen and mutagen. Irritation data: eye, rabbit, 10 mg - Moderate Sodium Hydroxide: Irritation data: skin, rabbit: 500 mg/24h severe; eye rabbit: 50 ug/24h severe; investigated as a mutagen \Cancer Lists\ NTP Carcinogen--- Ingredient Known Anticipated IARC Category Sodium Hypochlorite (as NaOCl) No No 3 ( ) Sodium Hydroxide ( ) No No None Environmental Fate: No information found. Section 12 - Ecological Information Environmental Toxicity: No information found. Section 13 - Disposal Considerations Dilute with water and flush to sewer if local ordinances allow, otherwise, whatever cannot be saved for recovery or recycling should be managed in an appropriate and approved waste disposal facility. Processing, use or contamination of this product may change the waste management options. State and local disposal regulations may differ from federal disposal regulations. Dispose of container and unused contents in accordance with federal, state and local requirements. Page 4 of 5

78 page 78 out of 111 Azone 15, EPA No revised: 3/10/08 24 Hour Emergency Phone: CHEMTREC IHS Number: Section 14 - Transport Information U.S. DOT UN1791, HYPOCHLORITE SOLUTIONS, 8, III (Less than RQ in package) RQ, UN1791, HYPOCHLORITE SOLUTIONS (SODIUM HYPOCHLORITE), 8, III (Greater than RQ in package) Section 15 - Regulatory Information \Chemical Inventory Status\ Ingredient TSCA EC Japan Australia Sodium Hypochlorite (as NaOCl) ( ) Yes Yes Yes Yes Sodium Hydroxide ( ) Yes Yes Yes Yes \Federal, State & International Regulations - Part 1\ SARA SARA Ingredient RQ TPQ List Chemical Catg Sodium Hypochlorite (as NaOCl) No No No No ( ) Sodium Hydroxide ( ) No No No No \Federal, State & International Regulations - Part 2\ RCRA- -TSCA- Ingredient CERCLA (d) Sodium Hypochlorite (as NaOCl) 100 No No ( ) Sodium Hydroxide ( ) 1000 No No Chemical Weapons Convention: No TSCA 12(b): No CDTA: No SARA 311/312: Acute: Yes Chronic: No Fire: No Pressure: No Reactivity: No (Mixture / Liquid) Section 16 - Other Information Prepared By: EHS&R Department Revision Notes: Updated Section 1 & 14. Disclaimer: Please be advised that it is your responsibility to inform your employees of the hazards of this substance, to advise them of what these properties mean and be sure they understand exposure information. The information presented herein, while not guaranteed, was prepared by competent technical personnel and is true and accurate to the best of our knowledge. No warranty or guaranty, express or implied, is made regarding performance, stability, or otherwise. This information is not intended to be all-inclusive as to the manner and conditions of use, handling, and storage. Other factors may require additional safety or performance considerations. While our technical personnel will be happy to respond to questions regarding safe handling and use procedures, the handling and use remains the responsibility of the customer. No suggestions are intended as, and should not be construed as, a recommendation to infringe on any existing patents or to violate any Federal, State, or local laws. Page 5 of 5

79 page 79 out of 111 IHS Number: AZONE 15 ACTIVE INGREDIENT: Sodium Hypochlorite % INERT INGREDIENTS: % TOTAL % Available Chlorine: 12% KEEP OUT OF REACH OF CHILDREN DANGER FIRST AID IF IN EYES IF ON SKIN OR CLOTHING IF SWALLOWED IF INHALED Hold eye open and rinse slowly and gently with water for minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for treatment advice. Take off contaminated clothing. Rinse skin immediately with plenty of water for minutes. Call a poison control center or doctor for treatment advice. Call poison control center or doctor immediately for treatment advice. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by the poison control center or doctor. Do not give anything by mouth to an unconscious person. Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible. Call a poison control center or doctor for further treatment advice. Have the product container or label with you when calling a poison control center or doctor, or going for treatment. NOTE TO PHYSICIAN Probable mucosal damage may contraindicate the use of gastric lavage. SEE ADDITIONAL PRECAUTIONS ON SIDE PANEL. Net Contents: Hawkins, Inc East Hennepin Avenue Minneapolis, MN EPA Reg. No EPA Est MN-001 EPA Est MN-003.

80 page 80 out of 111 IHS Number: PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS DANGER: Corrosive, may cause severe skin and eye irritation or chemical burns to broken skin. Causes eye damage. Wear safety glasses or goggles and rubber gloves when handling this product. Wash after handling. Avoid breathing vapors. Vacate poorly ventilated areas as soon as possible. Do not return until strong odors have dissipated. ENVIRONMENTAL HAZARDS This product is toxic to fish and aquatic organisms. Do not discharge effluent containing this product into lakes, streams, ponds, estuaries, oceans, or public waters unless in accordance with the requirements of a National Pollutant Discharge Elimination System (NPDES) permit and the permitting authority has been notified in writing prior to discharge. Do not discharge effluent containing this product to sewer systems without previously notifying the local sewage treatment plant authority. For guidance, contact your State Water Board or Regional Office of the U.S. Environmental Protection Agency. PHYSICAL OR CHEMICAL HAZARDS STRONG OXIDIZING AGENT: Mix only with water according to label directions. Mixing this product with chemicals (e.g. ammonia, acids, detergents, etc.) or organic matter (e.g. urine, feces, etc.) will release chlorine gas which is irritating to eyes, lungs and mucous membranes. DIRECTIONS FOR USE It is a violation of federal law to use this product in a manner inconsistent with its labeling. This product can be used in Federally Inspected Meat and Poultry Facilities as a sanitizer. This product is not to be used as a terminal sterilant/high-level disinfectant on any surface or instrument that (1) is introduced directly into human body, either into or in contact with the bloodstream or normally sterile areas of the body, or (2) contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body. This product may be used to preclean or decontaminate critical or semi-critical medical devices prior to sterilization or high-level disinfection. STORAGE AND DISPOSAL Store this product in a cool dry area, away from direct sunlight and heat to avoid deterioration. In case of spill, flood areas with large quantities of water. Product or rinsates that cannot be used should be diluted with water before disposal in a sanitary sewer. Triple rinse (or equivalent). Then offer for recycling or reconditioning, or puncture and dispose of in a sanitary landfill or by incineration or, if allowed by state and local authorities, by burning. If burned stay out of smoke. Do not contaminate food or feed by storage, disposal or cleaning of equipment. NOTE: This product degrades with age. Use a chlorine test kit and increase dosage, as necessary, to obtain the required level of available chlorine. SWIMMING POOL WATER DISINFECTION For a new pool or spring start-up, superchlorinate with oz. of product for each 10,000 gallons of water to yield 5 to 10 ppm available chlorine by weight. Check the level of available chlorine with a test kit. Re-entry into treated pools is prohibited above levels of 4 ppm due to risk of bodily harm. Adjust and maintain pool water ph to between 7.2 to 7.6. Adjust and maintain the alkalinity of the pool to between 50 to 100 ppm. To maintain the pool, add manually or by a feeder device 11 oz. of this product for each 10,000 gallons of water to yield an available chlorine residual between 0.6 to 1.0 ppm by weight. Stabilized pools should maintain a residual of 1.0 to 1.5 ppm available chlorine. Test the ph, available chlorine residual and alkalinity of the water frequently with appropriate test kits. Frequency of water treatment will depend upon temperature and number of swimmers. Every 7 days, or as necessary, superchlorinate the pool with oz. of product for each 10,000 gallons of water to yield 5 to 10 ppm available chlorine by weight. Check the level of available chlorine with a test kit. Do not reenter pool until the chlorine residual is between 1.0 and 3.0 ppm. Page 2 of 10

81 At the end of the swimming pool season or when water is to be drained from the pool, chlorine must be allowed to dissipate from treated pool water before discharge. Do not chlorinate the pool within 24 hours prior to discharge. WINTERIZING POOLS - While water is still clear and clean, apply 3 oz. of product per 1000 gallons, while filter is running, to obtain a 3 ppm available chlorine residual, as determined by a suitable test kit. Cover pool, prepare heater, filter and heater components for winter by following manufacturer s instructions. SPAS, HOT-TUBS, IMMERSION TANKS, ETC. SPAS/HOT-TUBS - Apply 5 oz of product per 1000 gallons of water to obtain a free available chlorine concentration of 5 ppm, as determined by a suitable chlorine test kit. Re-entry into treated pools is prohibited above levels of 4 ppm due to risk of bodily harm. Adjust and maintain pool water ph to between 7.2 and 7.8. Some oils, lotions, fragrances, cleaners, etc. may cause foaming or cloudy water as well as reduce the efficiency of the product. To maintain the water, apply 5 oz. of this product per 1000 gallons of water over the surface to maintain a chlorine concentration of 5 ppm. After each use, shock treat with 8 oz. of this product per 500 gallons of water to control odor and algae. WaterLegacy Exhibit 1 page 81 out of 111 IHS Number: During extended periods of disuse, add 3 oz. of product daily per 1000 gallons of water to maintain a 3 ppm chlorine concentration. HUBBARD AND IMMERSION TANKS - Add 5 oz. of this product per 200 gallons of water before patient use to obtain a chlorine residual of 25 ppm, as determined by a suitable test kit. Adjust and maintain the water ph to between 7.2 and 7.6. After each use drain the tank. Add 5 oz. to a bucket of water and circulate this solution through the agitator of the tank for 15 minutes and then rinse out the solution. Clean tank thoroughly and dry with clean cloths. HYDROTHERAPY TANKS - Add 1 oz. of this product per 1000 gallons of water to obtain a chlorine residual of 1 ppm, as determined by a suitable chlorine test kit. Pool should not be entered until the chlorine residual is below 3 ppm. Adjust and maintain the water ph to between 7.2 and 7.6. Operate pool filter continuously. Drain pool weekly and clean before refilling. SANITIZATION OF NONPOROUS FOOD CONTACT SURFACES RINSE METHOD - A solution of 100 ppm available chlorine may be used in the sanitizing solution if a chlorine test kit is available. Solutions containing an initial concentration of 100 ppm available chlorine must be tested and adjusted periodically to insure that the available chlorine does not drop below 50 ppm. Prepare a 100 ppm sanitizing solution by thoroughly mixing 1 oz. of this product with 10 gallons of water. If no test kit is available, prepare a sanitizing solution by thoroughly mixing 2 oz. of this product with 10 gallons of water to provide approximately 200 ppm available chlorine by weight. Clean equipment surfaces in the normal manner. Prior to use, rinse all surfaces thoroughly with the sanitizing solution, maintaining contact with the sanitizer for at least 2 minutes. If solution contains less than 50 ppm available chlorine, as determined by a suitable test kit, either discard the solution or add sufficient product to reestablish a 200 ppm residual. Do not rinse equipment with water after treatment and do not soak equipment overnight. Sanitizers used in automated systems may be used for general cleaning but may not be reused for sanitizing purposes. IMMERSION METHOD - A solution of 100 ppm available chlorine may be used in the sanitizing solution if a chlorine test kit is available. Solutions containing an initial concentration of 100 ppm available chlorine must be tested and adjusted periodically to insure that the available chlorine does not drop below 50 ppm. Prepare a 100 ppm sanitizing solution by thoroughly mixing 1 oz. of this product with 10 gallons of water. If no test kit is available, prepare a sanitizing solution by thoroughly mixing 2 oz. of this product with 10 gallons of water to provide approximately 200 ppm available chlorine by weight. Clean equipment surfaces in the normal manner. Prior to use, immerse equipment in the sanitizing solution for at least 2 minutes and allow the sanitizer to drain. If solution contains less than 50 ppm available chlorine, as determined by a suitable test kit, either discard the solution or add sufficient product to reestablish a 200 ppm residual. Do not rinse equipment with water after treatment. Sanitizers used in automated systems may be used for general cleaning but may not be reused for sanitizing purposes. FLOW/PRESSURE METHOD - Disassemble equipment and thoroughly clean after use. Assemble equipment in operating position prior to use. Prepare a volume of 200 ppm available chlorine sanitizing solution equal to 110% of volume capacity of the equipment by mixing the product in a ratio of 2 oz. product with 10 gallons of water. Pump solution through the system until full flow is obtained at all extremities, the system is completely filled with the sanitizer and all air is removed from the system. Close drain valves and hold under pressure for a least 2 minutes to insure contact with all internal surfaces. Remove some cleaning solution from drain valve and test with a chlorine test kit. Repeat entire cleaning/sanitizing process if effluent contains less than 50 ppm available chlorine. CLEAN-IN-PLACE METHOD - Thoroughly clean equipment after use. Prepare a volume of 200 ppm available chlorine sanitizing solution equal to 110% of volume capacity of the equipment by mixing the product in a ratio of 2 oz. product with 10 gallons of water. Pump solution Page 3 of 10

82 through the system until full flow is obtained at all extremities, the system is completely filled with the sanitizer and all air is removed from the system. Close drain valves and hold under pressure for a least 10 minutes to insure contact with all internal surfaces. Remove some cleaning solution from drain valve and test with a chlorine test kit. Repeat entire cleaning/sanitizing process if effluent contains less than 50 ppm available chlorine. SPRAY/FOG METHOD - Preclean all surfaces after use. Use a 200 ppm available chlorine solution to control bacteria, mold or fungi and a 600 ppm solution to control bacteriophage. Prepare a 200 ppm sanitizing solution of sufficient size by thoroughly mixing the product in a ratio of 2 oz. product with 10 gallons of water. Prepare a 600 ppm solution by thoroughly mixing the product in a ratio of 6 oz. product with 10 gallons of water. Use spray or fogging equipment which can resist hypochlorite solutions. Always empty and rinse spray/fog equipment with potable water after use. Thoroughly spray or fog all surfaces until wet, allowing excess sanitizer to drain. Vacate area for a least 2 hours. Prior to using equipment, rinse all surfaces treated with a 600 ppm solution with a 200 ppm solution. SANITIZATION OF POROUS FOOD CONTACT SURFACES RINSE METHOD - Prepare a 600 ppm solution by thoroughly mixing 6 oz. of this product with 10 gallons of water. Clean equipment surfaces in the normal manner. Rinse all surfaces thoroughly with the 600 ppm solution, maintaining contact with the sanitizer for at least 2 minutes. Prepare a 200 ppm sanitizing solution by thoroughly mixing 2 oz. of this product with 10 gallons of water. Prior to using equipment, rinse all surfaces thoroughly with a 200 ppm available chlorine solution. Do not rinse equipment with water after treatment and do not soak equipment overnight. IMMERSION METHOD - Prepare a 600 ppm solution by thoroughly mixing, in an immersion tank, 6 oz. of this product with 10 gallons of water. Clean equipment in the normal manner. Immerse equipment in the 600 ppm solution for at least 2 minutes. Prepare a 200 ppm sanitizing solution by thoroughly mixing 2 oz. of this product with 10 gallons of water. Prior to using equipment, immerse rinse all surfaces in a 200 ppm available chlorine solution. Do not rinse equipment with water after treatment and do not soak equipment overnight. SPRAY/FOG METHOD - Preclean all surfaces after use. Prepare a 600 ppm available chlorine sanitizing solution of sufficient size by thoroughly mixing the product in a ratio of 6 oz. product with 10 gallons of water. Use spray or fogging equipment which can resist hypochlorite solutions. Always empty and rinse spray/fog equipment with potable water after use. Thoroughly spray or fog all surfaces until wet, allowing excess sanitizer to drain. Vacate area for at least 2 hours. Prior to using equipment, rinse all surfaces treated with a 200 ppm solution. Prepare a 200 ppm solution by thoroughly mixing the product in a ratio of 2 oz. of this product with 10 gallons of water. SANITIZATION OF NONPOROUS NON-FOOD CONTACT SURFACES RINSE METHOD - Prepare a sanitizing solution by thoroughly mixing 2 oz. of this product with 10 gallons of water to provide approximately 200 ppm available chlorine by weight. Clean equipment surfaces in the normal manner. Prior to use, rinse all surfaces thoroughly with the sanitizing solution, maintaining contact for at least 2 minutes. Do not rinse equipment with water after treatment and do not soak equipment overnight. IMMERSION METHOD - Prepare a sanitizing solution by thoroughly mixing, in an immersion tank, 2 oz. of this product with 10 gallons of water to provide approximately 200 ppm available chlorine by weight. Clean equipment in the normal manner. Prior to use, immerse equipment in the sanitizing solution for at least 2 minutes and allow the sanitizer to drain. Do not rinse equipment with water after treatment. SPRAY/FOG METHOD - Preclean all surfaces after use. Prepare a 200 ppm available chlorine sanitizing solution of sufficient size by thoroughly mixing the product in a ratio of 2 oz. product with 10 gallons of water. Use spray or fogging equipment which can resist hypochlorite solutions. Prior to using equipment, thoroughly spray or fog all surfaces until wet, allowing excess sanitizer to drain. Vacate for at least 2 hours. DISINFECTION OF NONPOROUS NON-FOOD CONTACT SURFACES RINSE METHOD - Prepare a disinfecting solution by thoroughly mixing 6 oz. of this product with 10 gallons of water to provide approximately 600 ppm available chlorine by weight. Clean equipment surfaces in the normal manner. Prior to use, rinse all surfaces thoroughly with the disinfecting solution, maintaining contact with the solution for at least 10 minutes. Do not rinse equipment with water after treatment and do not soak equipment overnight. IMMERSION METHOD - Prepare a disinfecting solution by thoroughly mixing, in an immersion tank, 6 oz. of this product with 10 gallons of water to provide approximately 600 ppm available chlorine by weight. Clean equipment in the normal manner. Prior to use, immerse equipment in the disinfecting solution for at least 10 minutes and allow the sanitizer to drain. Do not rinse equipment with water after treatment. SANITIZATION OF POROUS NON-FOOD CONTACT SURFACES Page 4 of 10 WaterLegacy Exhibit 1 page 82 out of 111 IHS Number: 56717

83 RINSE METHOD - Prepare a sanitizing solution by thoroughly mixing 6 oz. of this product with 10 gallons of water to provide approximately 600 ppm available chlorine by weight. Clean surfaces in the normal manner. Prior to use, rinse all surfaces thoroughly with the sanitizing solution, maintaining contact with the sanitizer for at least 2 minutes. Do not rinse equipment with water after treatment and do not soak equipment overnight. IMMERSION METHOD - Prepare a sanitizing solution by thoroughly mixing, in an immersion tank, 6 oz. of this product with 10 gallons of water to provide approximately 600 ppm available chlorine by weight. Clean equipment in the normal manner. Prior to use, immerse equipment in the sanitizing solution for at least 2 minutes and allow the sanitizer to drain. Do not rinse equipment with water after treatment. SPRAY/FOG METHOD - After cleaning, sanitize non-food contact surfaces with 600 ppm available chlorine by thoroughly mixing the product in a ratio of 6 oz. of this product with 10 gallons of water. Use spray or fogging equipment which can resist hypochlorite solutions. Always empty and rinse spray/fog equipment with potable water after use. Prior to using equipment, thoroughly spray or fog all surfaces until wet, allowing excess sanitizer to drain. Vacate for at least 2 hours. SEWAGE & WASTEWATER EFFLUENT TREATMENT The disinfection of sewage effluent must be evaluated by determining the total number of coliform bacteria and/or fecal coliform bacteria, as determined by the Most Probable Number (MPN) procedure, of the chlorinated effluent that has been reduced to or below the maximum permitted by the controlling regulatory jurisdiction. On the average, satisfactory disinfection of secondary wastewater effluent can be obtained when the chlorine residual is 0.5 ppm after 15 minutes contact. Although the chlorine residual is the critical factor in disinfection, the importance of correlation chlorine residual with bacterial kill must be emphasized. The MPN of the effluent, which is directly related to the water quality standards requirements, should be the final and primary standard and the chlorine residual should be considered an operating standard valid only to the extent verified by the coliform quality of the effluent. The following are critical factors affecting wastewater disinfection. 1. Mixing: It is imperative that the product and the wastewater be instantaneously and completely flash mixed to assure reaction with every chemically active soluble and particulate component of the wastewater. 2. Contacting: Upon flash mixing, the flow through the system must be maintained. 3. Dosage/Residual Control: Successful disinfection is extremely dependent on response to fluctuating chlorine demand to maintain a predetermined desirable chlorine level. Secondary effluent should contain 0.2 to 1.0 ppm chlorine residual after a 15 to 30 minute contact time. A reasonable average of residual chlorine is 0.5 ppm after 15 minutes contact time. SEWAGE & WASTEWATER TREATMENT EFFLUENT SLIME CONTROL - Apply a 100 to 1000 ppm available chlorine solution at a location which will allow complete mixing. Prepare this solution by mixing 10 to 100 oz. of this product with 100 gallons of water. Once control is evident, apply a 15 ppm available chlorine solution. Prepare this solution by mixing 3 oz. of this product with 100 gallons of water. FILTER BEDS SLIME CONTROL - Remove filter from service, drain to a depth of 1 foot above filter, and add 80 oz. of product per 20 sq. ft. evenly over the surface. Wait 30 minutes before draining water to a level that is even with the top of the filter. Wait for 4 to 6 hours before completely draining and backwashing filter. DISINFECTION OF DRINKING WATER (EMERGENCY/PUBLIC/INDIVIDUAL SYSTEMS) PUBLIC SYSTEMS - Mix a ratio of 1 oz. of this product to 100 gallons of water. Begin feeding this solution with a hypochlorinator until a free available chlorine residual of at least 0.2 ppm and no more than 0.6 ppm is attained throughout the distribution system. Check water frequently with a chlorine test kit. Bacteriological sampling must be conducted at a frequency no less than that prescribed by the National Primary Drinking Water Regulations. Contact your local Health Department for further details. INDIVIDUAL SYSTEMS: DUG WELLS - Upon completion of the casing (lining), wash the interior of the casing (lining) with a 100 ppm available chlorine solution using a stiff brush. This solution can be made by thoroughly mixing 1 oz. of this product into 10 gallons of water. After covering the well, pour the sanitizing solution into the well through both the pipesleeve opening and the pipeline. Wash the exterior of the pump cylinder also with the sanitizing solution. Start pump and pump water until strong odor of chlorine in water is noted. Stop pump and wait at least 24 hours. After 24 hours flush well until all traces of chlorine have been removed from the water. Consult your local Health Department for further details. Page 5 of 10 WaterLegacy Exhibit 1 page 83 out of 111 IHS Number: 56717

84 page 84 out of 111 IHS Number: INDIVIDUAL SYSTEMS: DRILLED, DRIVEN & BORED WELLS - Run pump until water is as free from turbidity as possible. Pour a 100 ppm available chlorine sanitizing solution into the well. This solution can be made by thoroughly mixing 1 oz. of this product into 10 gallons of water. Add 5 to 10 gallons of clean, chlorinated water to the well in order to force the sanitizer into the rock formation. Wash the exterior of the pump cylinder with the sanitizer. Drop pipeline into well, start pump and pump water until strong odor of chlorine in water is noted. Stop pump and wait at least 24 hours. After 24 hours flush well until all traces of chlorine have been removed from the water. Deep wells with high water levels may necessitate the use of special methods for introduction of the sanitizer into the well. Consult your local Health Department for further details. INDIVIDUAL SYSTEMS: FLOWING ARTESIAN WELLS - Artesian wells generally do not require disinfection. If analyses indicate persistent contamination, the well should be disinfected. Consult your local Health Department for further details. EMERGENCY DISINFECTION - When boiling of water for 1 minute is not practical, water can be made potable by using this product. Prior to addition of the sanitizer, remove all suspended material by filtration or by allowing it to settle to the bottom. Decant the clarified, contaminated water to a clean container and add 1 drop of this product to 20 gallons of water. Allow the treated water to stand for 30 minutes. Properly treated water should have a slight chlorine odor, if not, repeat dosage and allow the water to stand an additional 15 minutes. The treated water can then be made palatable by pouring it between clean containers for several times. PUBLIC WATER SYSTEMS RESERVOIRS: ALGAE CONTROL - Hypochlorinate streams feeding the reservoir. Suitable feeding points should be selected on each stream at least 50 yards upstream from the points of entry into the reservoir. MAINS - Thoroughly flush section to be sanitized by discharging from hydrants. Permit a water flow of at least 2.5 feet per minute to continue under pressure while injecting this product by means of a hypochlorinator. Stop water flow when a chlorine residual test of 50 ppm is obtained at the low pressure end of the main section after a 24 hour retention time. When chlorination is completed, the system must be flushed free of all heavily chlorinated water. NEW TANKS, BASINS, ETC. - Remove all physical soil from surfaces. Place 20 oz. of this product for each 5 cubic feet of working capacity (500 ppm available chlorine). Fill to working capacity and allow to stand for at least 4 hours. Drain and flush with potable water and return to surface. NEW FILTER SAND - Apply 80 oz. of this product for each 150 to 200 cubic feet of sand. The action of the product dissolving as the water passes through the bed will aid in sanitizing the new sand. NEW WELLS - Flush the casing with a 50 ppm available chlorine solution of water containing 5 oz. of this product for each 100 gallons of water. The solution should be pumped or fed by gravity into the well after thorough mixing with agitation. The well should stand for several hours or overnight under chlorination. It may then be pumped until a representative raw water sample is obtained. Bacterial examination of the water will indicate whether further treatment is necessary. EXISTING EQUIPMENT - Remove equipment from service and thoroughly clean surfaces of all physical soil. Sanitize by placing 21 oz. of this product for each 5 cubic feet capacity (approximately 500 ppm available chlorine). Fill to working capacity and let stand at least 4 hours. Drain and place in service. If the previous treatment is not practical, surfaces may be sprayed with a solution containing 5 oz. of this product for each 5 gallons of water (approximately 1000 ppm available chlorine). After drying, flush with water and return to service. EMERGENCY DISINFECTION AFTER FLOODS WELLS - Thoroughly flush contaminated casing with a 500 ppm available chlorine solution. Prepare this solution by mixing 5 oz. of this product with 10 gallons of water. Backwash the well to increase yield and reduce turbidity, adding sufficient chlorinating solution to the backwash to produce a 10 ppm available chlorine residual, as determined by a chlorine test kit. After the turbidity has been reduced and the casing has been treated, add sufficient chlorinating solution to produce a 50 ppm available chlorine residual. Agitate the well water for several hours and take representative water sample. Retreat well if water samples are biologically unacceptable. RESERVOIRS - In case of contamination by overflowing streams, establish hypchlorinating stations upstream of the reservoir. Chlorinate the inlet water until the entire reservoir obtains a 0.2 ppm available chlorine residual, as determined by a suitable chlorine test kit. In case of contamination from surface drainage, apply sufficient product directly to the reservoir to obtain a 0.2 ppm available chlorine residual in all parts of the reservoir. Page 6 of 10

85 page 85 out of 111 IHS Number: BASINS, TANKS, FLUMES, ETC. - Thoroughly clean all equipment, then apply 20 oz. of product per 5 cu. ft. of water to obtain 500 ppm available chlorine, as determined by a suitable test kit. After 24 hours drain, flush, and return to service. If the previous method is not suitable, spray or flush the equipment with a solution containing 5 oz. of this product for each 5 gallons of water (1000 ppm available chlorine). Allow to stand for 2 to 4 hours, flush, and return to service. FILTERS - When the sand filter needs replacement, apply 80 oz. of this product for each 150 to 200 cubic feet of sand. When the filter is severely contaminated, additional product should be distributed over the surface at the rate of 80 oz. per 20 sq. ft. Water should stand at a depth of 1 foot above the surface of the filter bed for 4 to 24 hours. When filter beds can be backwashed of mud and silt, apply 80 oz. of this product per each 50 sq. ft. allowing the water to stand at a depth of 1 foot above the filter sand. After 30 minutes, drain water to the level of the filter. After 4 to 6 hours, drain and proceed with normal backwashing. DISTRIBUTION SYSTEM - Flush repaired or replaced section with water. Establish a hypochlorinating station and apply sufficient product until a consistent available chlorine residual of at least 100 ppm remains after a 24 retention time. Use a chlorine test kit. EMERGENCY DISINFECTION AFTER FIRES CROSS CONNECTIONS OR EMERGENCY CONNECTIONS - Hypochlorination or gravity feed equipment should be set up near the intake of the untreated water supply. Apply sufficient product to give a chlorine residual of at least 0.1 to 0.2 ppm at the point where the untreated supply enters the regular distribution system. Use a chlorine test kit. EMERGENCY DISINFECTION AFTER DROUGHTS SUPPLEMENTARY WATER SUPPLIES - Gravity or mechanical hypochlorite feeders should be set up on a supplementary line to dose the water to a minimum chlorine residual of 0.2 ppm after a 20 minute contact time. Use a chlorine test kit. WATER SHIPPED IN BY TANKS, TANK CARS, TRUCKS, ETC. - Thoroughly clean all containers and equipment. Spray with a 500 ppm available chlorine solution and rinse with potable water after 5 minutes. This solution is made by mixing 5 oz. of this product for each 10 gallons of water. During the filling of the containers, dose with sufficient amounts of this product to provide at least a 0.2 ppm chlorine residual. Use a chlorine test kit. EMERGENCY DISINFECTION AFTER MAIN BREAKS MAINS - Before assembly of the repaired section, flush out mud and soil. Permit a water flow of at least 2.5 feet per minute to continue under pressure while injecting this product by means of a hypochlorinator. Stop water flow when a chlorine residual test of 50 ppm is obtained at the low pressure end of the new main section after a 24 hour retention time. When chlorination is completed, the system must be flushed free of all heavily chlorinated water. COOLING TOWER/EVAPORATIVE CONDENSER WATER SLUG FEED METHOD - Initial Dose: When system is noticeably fouled, apply oz. of this product per 10,000 gallons of water in the system to obtain from 5 to 10 ppm available chlorine. Repeat until control is achieved. Subsequent Dose: When microbial control is evident, add 11 oz. of this product per 10,000 gallons of water in the system daily, or as needed to maintain control and keep the chlorine residual at 1 ppm. Badly fouled systems must be cleaned before treatment is begun. INTERMITTENT FEED METHOD - Initial Dose: When system is noticeably fouled, apply oz. of this product per 10,000 gallons of water in the system to obtain from 5 to 10 ppm available chlorine. Apply half (or 1/3, 1/4, or 1/5) of this initial dose when half (or 1/3, 1/4, or 1/5) of the water in the system has been lost by blowdown. Subsequent Dose: When microbial control is evident, add 11 oz. of this product per 10,000 gallons of water in the system daily to obtain a 1 ppm residual. Apply half (or 1/3, 1/4, or 1/5) of this initial dose when half (or 1/3, 1/4, or 1/5) of the water in the system has been lost by blowdown. Badly fouled systems must be cleaned before treatment is begun. CONTINUOUS FEED METHOD - Initial Dose: When system is noticeably fouled, apply oz. of this product per 10,000 gallons of water in the system to obtain from 5 to 10 ppm available chlorine. Subsequent Dose: Maintain this treatment level by starting a continuous feed of 1 oz. of this product per 1,000 gallons of water lost by blowdown to maintain a 1 ppm residual. Badly fouled systems must be cleaned before treatment is begun. Page 7 of 10

86 LAUNDRY SANITIZERS Household Laundry Sanitizers IN SOAKING SUDS - Thoroughly mix 2 oz. of this product to 10 gallons of wash water to provide 200 ppm available chlorine. Wait 5 minutes, then add soap or detergent. Immerse laundry for at least 11 minutes prior to starting the wash/rinse cycle. IN WASHING SUDS - Thoroughly mix 2 oz. of this product to 10 gallons of wash water containing clothes to provide 200 ppm available chlorine. Wait 5 minutes, then add soap or detergent and start the wash/rinse cycle. Commercial Laundry Sanitizers Wet fabrics or clothes should be spun dry prior to sanitization. Thoroughly mix 2 oz. of this product with 10 gallons of water to provide 200 ppm available chlorine. Promptly after mixing the sanitizer, add the solution to the prewash prior to washing fabrics/clothes in the regular wash cycle with a good detergent. Test the level of available chlorine if solution has been allowed to stand. Add more of this product if the available chlorine level has dropped below 200 ppm. FARM PREMISES Remove all animals, poultry and feed from premises, vehicles and enclosures. Remove all litter and manure from floors, walls, and surfaces of barns, pens, stalls, chutes, and other facilities occupied or traversed by animals or poultry. Empty all troughs, racks and other feeding and watering appliances. Thoroughly clean all surfaces with soap or detergent and rinse with water. To disinfect, saturate all surfaces with a solution of at least 1000 ppm available chlorine for a period of 10 minutes. A 1000 ppm solution can be made by thoroughly mixing 11 oz. of this product with 10 gallons of water. Immerse all halters, ropes and other types of equipment used in handling and restraining animals or poultry, as well as the cleaned forks, shovels, and scrapers used for removing litter and manure. Ventilate buildings, cars, boats and other closed spaces. Do not house livestock or poultry or employ equipment until chlorine has been dissipated. All treated feed racks, mangers, troughs, automatic feeders, fountains and waterers must be rinsed with potable water before reuse. PULP AND PAPER MILL PROCESS WATER SYSTEMS SLUG FEED METHOD - Initial Dose: When system is noticeably fouled, apply oz. of this product per 10,000 gallons of water in the system to obtain from 5 to 10 ppm available chlorine. Repeat until control is achieved. Subsequent Dose: When microbial control is evident, add 11 oz. of this product per 10,000 gallons of water in the system daily, or as needed to maintain control and keep the chlorine residual at 1 ppm. Badly fouled systems must be cleaned before treatment is begun. INTERMITTENT FEED METHOD - Initial Dose: When system is noticeably fouled, apply oz. of this product per 10,000 gallons of water in the system to obtain from 5 to 10 ppm available chlorine. Apply half (or 1/3, 1/4, or 1/5) of this initial dose when half (or 1/3, 1/4, or 1/5) of the water in the system has been lost by blowdown. Subsequent Dose: When microbial control is evident, add 11 oz. of this product per 10,000 gallons of water in the system daily to obtain a 1 ppm residual. Apply half (or 1/3, 1/4, or 1/5) of this initial dose when half (or 1/3, 1/4, or 1/5) of the water in the system has been lost by blowdown. Badly fouled systems must be cleaned before treatment is begun. CONTINUOUS FEED METHOD - Initial Dose: When system is noticeably fouled, apply oz. of this product per 10,000 gallons of water in the system to obtain from 5 to 10 ppm available chlorine. Subsequent Dose: Maintain this treatment level by starting a continuous feed of 1 oz. of this product per 1,000 gallons of water lost by blowdown to maintain a 1 ppm residual. Badly fouled systems must be cleaned before treatment is begun. AGRICULTURAL USES POST-HARVEST PROTECTION - Potatoes can be sanitized after cleaning and prior to storage by spraying with a sanitizing solution at a level of 1 gallon of sanitizing solution per ton of potatoes. Thoroughly mix 1 oz. of this product to 2 gallons of water to obtain 500 ppm available chlorine. BEE DOMICILES - Disinfect leafcutting bee cells and bee boards by immersion in a solution containing 1 ppm available chlorine for 3 minutes. Allow cells to drain for 2 minutes and dry for 4 to 5 hours or until no chlorine odor can be detected. This solution is made by thoroughly mixing 1 tsp. of this product to 100 gallons of water. The bee domicile is disinfected by spraying with a 0.1 ppm solution until all surfaces are thoroughly wet. Allow the domicile to dry until all chlorine odor has dissipated. FOOD EGG SANITIZATION - To sanitize clean shell eggs intended for food or food products, spray with a solution of 2 ounces of product in 10 gallons of water (providing 200 ppm active). The solution must be equal to or warmer than the eggs, but not to exceed 130F. Wet eggs thoroughly and allow to drain. Eggs that have been sanitized with this chlorine compound may be broken for use in the manufacture of egg products without a prior potable water rinse. Eggs must be reasonably dry before casing or breaking. The solution must not be reused for sanitizing eggs. Page 8 of 10 WaterLegacy Exhibit 1 page 86 out of 111 IHS Number: 56717

87 page 87 out of 111 IHS Number: FRUIT & VEGETABLE WASHING - Thoroughly clean all fruits and vegetables in a wash tank. Thoroughly mix 5 oz. of this product in 200 gallons of water to make a sanitizing solution of 25 ppm available chlorine. After draining the tank, submerge fruit or vegetables for 2 minutes in a second wash tank containing the recirculating sanitizing solution. Spray rinse vegetables with the sanitizing solution prior to packaging. Rinse fruit with potable water only prior to packaging. DISINFECTION OF POULTRY DRINKING WATER: For founts, use up to 25 ppm. For open vessels, use up to 25 ppm. Change water daily. Place founts where they will not be contaminated with droppings. TREATMENT OF POTABLE WATER IN MEAT PROCESSING PLANTS: For processing water in meat plants, use chlorine level up to 5 ppm available chlorine and for processing water in poultry plants, use chlorine level up to 20 ppm available chlorine. MEAT AND POULTRY PLANTS: Chlorine may be present in processing water of meat and poultry plants at concentrations up to 5 parts per million (ppm) calculated as available chlorine. Also, chlorine my be present in poultry chiller intake water, and in carcass wash water at concentrations up to 50 ppm available chlorine. Chlorine must be dispensed at a constant and uniform level and the method or system must be such that a controlled rate is maintained. Thoroughly mix 1.15 oz. of this product in 200 gallons of water to make a sanitizing solution of 5 ppm available chlorine, or 11.5 oz in 200 gallons of water for 50 ppm available chlorine. AQUACULTURAL USES FISH PONDS - Remove fish from ponds prior to treatment. Thoroughly mix 103 oz. of this product to 10,000 gallons of water to obtain 10 ppm available chlorine. Add more product to the water if the available chlorine level is below 1 ppm after 5 minutes. Return fish to pond after the available chlorine level reaches zero. FISH POND EQUIPMENT - Thoroughly clean all equipment prior to treatment. Thoroughly mix 2 oz. of this product to 10 gallons of water to obtain 200 ppm available chlorine. Porous equipment should soak for one hour. MAINE LOBSTER PONDS - Remove lobsters, seaweed, etc. from ponds prior to treatment. Drain the pond. Thoroughly mix 6,200 oz. of this product to 10,000 gallons of water to obtain at least 600 ppm available chlorine. Apply so that all barrows, gates, rocks and dams are treated with product. Permit high tide to fill the pond and then close gates. Allow water to stand for 2 to 3 days until the available chlorine level reaches zero. Open gates and allow 2 tidal cycles to flush the pond before returning lobsters to pond. CONDITIONING LIVE OYSTERS - Thoroughly mix 5 oz. of this product to 10,000 gallons of water at 50º to 70ºF to obtain 0.5 ppm available chlorine. Expose oysters to this solution for at least 15 minutes, monitoring the available chlorine level so that it does not fall below 0.05 ppm. Repeat entire process if the available chlorine level drops below 0.05 ppm or the temperature falls below 50ºF. CONTROL OF SCAVENGERS IN FISH HATCHERY PONDS - Prepare a solution containing 200 ppm of available chlorine by mixing 2 oz. of product with 10 gallons of water. Pour into drained pond potholes. Repeat if necessary. Do not put desirable fish back into refilled ponds until chlorine residual has dropped to zero, as determined by a test kit. SANITIZATION OF DIALYSIS MACHINES Flush equipment thoroughly with water prior to using this product. Thoroughly mix 6 oz. of this product to 10 gallons of water to obtain at least 600 ppm available chlorine. Immediately use this product in the hemodialysate system allowing for a minimum contact time of 15 minutes at 20ºC. Drain system of sanitizing solution and thoroughly rinse with water. Discard and DO NOT reuse the spent sanitizer. Rinsate must be monitored with a suitable test kit to insure that no available chlorine remains in the system. This product is recommended for decontaminating single and multipatient hemodialysate systems. This product has been shown to be an effective disinfectant (virucide, fungicide, bactericide, pseudomonicide) when tested by AOAC and EPA test methods. This product may not totally eliminate all vegetative microorganisms in hemodialysate delivery systems due to their construction and/or assembly, but can be relied upon to reduce the number of microorganisms to acceptable levels when used as directed. This product should be used in a disinfectant program which includes bacteriological monitoring of the hemodialysate delivery system. This product is NOT recommended for use in hemodialysate or reverse osmosis (RO) membranes. Page 9 of 10

88 page 88 out of 111 IHS Number: This product is not to be used as a terminal sterilant/high level disinfectant on any surface or instrument that (1) is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body, or (2) contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body. This product may be used to preclean or decontaminate critical or semi-critical medical devices prior to sterilization or high level disinfection. Consult the guidelines for hemodialysate systems which are available from Hepatitis Laboratories, CDC, Phoenix, AZ ASPHALT OR WOOD ROOFS AND SIDINGS To control fungus and mildew, first remove all physical soil by brushing and hosing with clean water, and apply a 5,000 ppm available chlorine solution. Mix 5 oz. of this product per gallon of water and brush or spray roof or siding. After 30 minutes, rinse by hosing with clean water. BOAT BOTTOMS To control slime on boat bottoms, sling a plastic tarp under boat, retaining enough water to cover the fouled bottom but not allowing water to enter enclosed area. This envelope should contain approximately 500 gallons of water for a 14 foot boat. Add 18 oz. of this product to this water to obtain a 35 ppm available chlorine concentration. Leave immersed for 8 to 12 hours. Repeat if necessary. Do not discharge the solution until the free chlorine level has dropped to zero, as determined by a swimming pool test kit. ARTIFICIAL SAND BEACHES To sanitize the sand, spray a 500 ppm available chlorine solution containing 5 oz. of this product per 10 gallons of water at frequent intervals. Small areas can be sprinkled with a watering can. Page 10 of 10

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94 page 94 out of 111 CHEMTREAT P891L (ALUMINUM CHLORHYDRATE)

95 IHS Number: WaterLegacy Exhibit 1 page 95 out of 111 MATERIAL SAFETY DATA SHEET Section 1. Chemical Product and Company Identification Product Name: Product Use: Manufacturer s Name: Emergency Telephone Number: Address (Corporate Headquarters): Telephone Number for Information: ChemTreat P891L Water Clarification Agent ChemTreat, Inc. (800) Cox Road Glen Allen, VA (800) Date of MSDS: February 2, 2009 Section 2. Hazard(s) Identification Signal Word: Hazard Statement(s): Precautionary Statement(s): WARNING! May be harmful in contact with skin. May be harmful if inhaled. May be harmful if swallowed. No significant health risks are expected from exposures under normal conditions of use. Section 3. Composition/Hazardous Ingredients Component CAS Registry # Wt.% Aluminum chlorohydrate Section 4. First Aid Measures Inhalation: Eyes: Skin: Ingestion: Notes to Physician: Remove to fresh air and keep at rest in a position comfortable for breathing. Call a poison center or doctor/physician if you feel unwell. Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If eye irritation persists, get medical advice/attention. Wash with plenty of soap and water. Call a poison center or doctor/physician if you feel unwell. DO NOT INDUCE VOMITING. Rinse mouth. Call a POISON CENTER or doctor/physician if you feel unwell. N/A ChemTreat P891L Page 1

96 IHS Number: WaterLegacy Exhibit 1 page 96 out of 111 Additional First Aid Remarks: N/A Section 5. Fire Fighting Measures Flammability of the Product: Suitable Extinguishing Media: Specific Hazards Arising from the Chemical: Protective Equipment: Not flammable. Use extinguishing media suitable to surrounding fire. None known. If product is involved in a fire, wear full protective clothing including a positive pressure, NIOSH approved, self contained breathing apparatus. Section 6. Accidental Release Measures Personal Precautions: Environmental Precautions: Methods for Cleaning up: Other Statements: Use appropriate Personal Protective Equipment (PPE). Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains, and sewers. Contain and recover liquid when possible. Flush spill area with water spray. None. Section 7. Handling and Storage Handling: Storage: Wear appropriate Personal Protection Equipment (PPE) when handling this product. Do not get in eyes, or on skin and clothing. Wash thoroughly after handling. Do not ingest. Avoid breathing vapors, mist or dust. Store away from incompatible materials (see Section 10). Store at ambient temperatures. Keep container securely closed when not in use. Label precautions also apply to empty container. Recondition or dispose of empty containers in accordance with government regulations. For Industrial use only. Protect from heat and sources of ignition. Store in corrosive resistant container with a resistant inliner. ChemTreat P891L Page 2

97 IHS Number: WaterLegacy Exhibit 1 page 97 out of 111 Section 8. Exposure Controls/Personal Protection Exposure Limits Component Source Exposure Limits Aluminum chlorohydrate N/E Carcinogenicity Category Component Source Code Brief Description Aluminum chlorohydrate N/E Engineering Controls: Use only with adequate ventilation. The use of local ventilation is recommended to control emission near the source. Personal Protection Eyes: Skin: Respiratory: Wear chemical splash goggles or safety glasses with full face shield. Maintain eyewash fountain in work area. Maintain quick drench facilities in work area. Wear butyl rubber or neoprene gloves. Wash them after each use and replace as necessary. If conditions warrant, wear protective clothing such as boots, aprons, and coveralls to prevent skin contact. If misting occurs, use NIOSH approved organic vapor/acid gas dual cartridge respirator with a dust/mist prefilter in accordance with 29 CFR Section 9. Physical and Chemical Properties Physical State and Appearance: Liquid, Colorless, Clear Specific Gravity: ph: 3.7 Freezing Point: 27 F Flash Point: N/D Odor: Mild Melting Point: N/A Boiling Point: 212 F Solubility in Water: Complete Evaporation Rate: N/D Vapor Density: N/D Molecular Weight: N/D Viscosity: N/A Flammable Limits: N/A Autoignition Temperature: N/A Density: lb/ga Vapor Pressure: N/D % VOC 0 ChemTreat P891L Page 3

98 IHS Number: WaterLegacy Exhibit 1 page 98 out of 111 Section 10. Stability and Reactivity Chemical Stability: Incompatibility with Various Substances: Hazardous Decomposition Products: Possibility of Hazardous Reactions: Stable at normal temperatures and pressures. Strong oxidizers, Strong bases Hydrochloric acid None known. Section 11. Toxicological Information Chemical Name Exposure Type of Effect Concentration Species N/D Comments: None. Section 12. Ecological Information Species Duration Type of Effect Test Results Ceriodaphnia dubia 48h LC50 >2000 mg/l Daphnia pulex 48h LC mg/l Fathead Minnow 96h LC50 >1000 mg/l 48h LC mg/l Comments: None. Section 13. Disposal Considerations Dispose of in accordance with local, state and federal regulations. ChemTreat P891L Page 4

99 IHS Number: WaterLegacy Exhibit 1 page 99 out of 111 Section 14. Transport Information DOT Classification DOT Name: COMPOUND, INDUSTRIAL WATER TREATMENT, LIQUID Technical Name: N/A Hazard Class: Not D.O.T. Regulated. UN/NA#: N/A Packing Group: N/A Section 15. Regulatory Information Inventory Status United States (TSCA): Canada (DSL/NDSL): All ingredients listed. All ingredients listed. Federal Regulations SARA Title III Rules Sections 311/312 Hazard Classes Fire Hazard: Reactive Hazard: Release of Pressure: Acute Health Hazard: Chronic Health Hazard: No No No Yes No State Regulations Other Sections Section 313 Section 302 EHS Component Toxic Chemical TPQ CERCLA RQ Aluminum chlorohydrate N/A N/A N/A California Proposition 65: None known. Special Regulations Component States Aluminum chlorohydrate None ChemTreat P891L Page 5

100 IHS Number: WaterLegacy Exhibit 1 page 100 out of 111 International Regulations Canada WHMIS Classification: Controlled Product Regulations (CPR): N/A N/A Section 16. Other Information HMIS Hazard Rating Health: 1 Flammability: 0 Physical Hazard: 0 PPE: X Notes: The PPE rating depends on circumstances of use. See Section 8 for recommended PPE. The Hazardous Material Information System (HMIS) is a voluntary, subjective alpha numeric symbolic system for recommending hazard risk and personal protection equipment information. It is a subjective rating system based on the evaluator s understanding of the chemical associated risks. The end user must determine if the code is appropriate for their use. NSF: Certified to NSF/ANSI Standard 60 Maximum use rate for potable water 250 mg/l This product ships as NSF from: Ashland, VA Eldridge, IA Nederland, TX Orangeburg, SC Canada Baltimore, MD Bastrop, LA FDA: GRAS Using the Eligibility for Classification outlined in 21 CFR , ChemTreat has determined that this product is considered Generally Recognized as Safe (GRAS) and complies with 21 CFR , "Substance migrating to food from paper and paperboard products." KOSHER: FIFRA: Other: This product has not been evaluated for Kosher approval. N/A None ChemTreat P891L Page 6

101 IHS Number: WaterLegacy Exhibit 1 page 101 out of 111 Abbreviations Abbreviation Definition < Less Than > Greater Than ACGIH American Conference of Governmental Industrial Hygienists EHS Environmental Health and Safety Dept N/A Not Applicable N/D Not Determined N/E Not Established OSHA Occupational Health and Safety Dept PEL Personal Exposure Limit STEL Short Term Exposure Limit TLV Threshold Limit Value TWA Time Weight Average UNK Unknown Prepared by: Regulatory Affairs Department Disclaimer Although the information and recommendations set forth herein (hereinafter "information") are presented in good faith and believed to be correct as of the date hereof, ChemTreat, Inc. makes no representations as to the completeness or accuracy thereof. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will ChemTreat, Inc. be responsible for damages of any nature whatsoever resulting from the use or reliance upon information. No representation or warranties, either expressed or implied, of merchantability, fitness for a particular purpose, or of any other nature are made hereunder with respect to information or the product to which information refers. ChemTreat P891L Page 7

102 page 102 out of 111 CHEMTREAT S-891L (ALUMINUM CHLORHYDRATE)

103 page 103 out of 111 IHS Number: MATERIAL SAFETY DATA SHEET Section 1. Chemical Product and Company Identification Product Name: ChemTreat S-891L Manufacturer s Name: ChemTreat, Inc. Emergency Telephone Number: (800) Address (Corporate Headquarters) 4461 Cox Road, Glen Allen, VA Telephone Number for Information: (800) Date of MSDS: March 8, 2007 Section 2. Composition/Hazardous Ingredients Component CAS Registry # Wt. % Aluminum chlorhydrate Section 3. Hazards Identification Emergency Overview: Colorless to yellow liquid; mild odor. May cause eye, skin, and respiratory irritation. Not flammable. Potential Health Effects: Eyes: May cause irritation and redness. Skin: May cause irritation. Inhalation: May cause respiratory irritation. Ingestion: May irritate gastrointestinal tract. Chronic Effects/Carcinogenicity: No specific information available. Repeated skin exposure may result in sensitization dermatitis. Prolonged or repeated contact with eyes may result in conjunctivitis. Section 4. First Aid Measures Inhalation: Move to fresh air. If not breathing, give artificial respiration, preferably mouth-to-mouth. If breathing is difficult, give oxygen. Call a physician. Eyes: Immediately flush eyes for 15 minutes with plenty of water. Call a physician. Skin: Flush skin with water. Remove contaminated clothing; wash before reuse. Call a physician. Ingestion: Dilute by giving several glasses of water or milk and remove by gastric lavage unless patient is already vomiting. Gastric lavage must be performed by qualified medical personnel. Get medical attention immediately. Section 5. Fire Fighting Measures Flammable Properties: Not flammable. ChemTreat, Inc. S-891L Page 1

104 Suitable Extinguishing Media: Use extinguishing media appropriate to surrounding fire. Fire & Explosion Hazards: Remain upwind. Avoid breathing vapors or dust. Protective Equipment: If product is involved in a fire, wear full protective clothing including a positivepressure, NIOSH-approved, self-contained breathing apparatus. Section 6. Accidental Release Measures Small Spill: Construct temporary dikes of dirt, sand, or any readily available inert material to prevent spreading of the material. Wearing appropriate personal protective equipment, move the leaking container to a containment area or plug the leak. Absorb on inert material, then shovel up and dispose of according to local, state, federal regulations. Large Spill: Construct temporary dikes of dirt, sand, or any readily available inert material to prevent spreading of the product. Wearing appropriate personal protective equipment, close or cap valves and/or block or plug hole in leaking container and transfer to another container for proper disposal. Section 7. Handling and Storage Do not get in eyes, or on skin and clothing. Wash thoroughly after handling. Avoid breathing mists. Do not ingest. Keep away from heat and open flame. Store at ambient temperatures. Keep container securely closed when not in use. Label precautions also apply to empty container. Recondition or dispose of empty containers in accordance with government regulations. Section 8. Exposure Controls/Personal Protection Use protective equipment in accordance with 29 CFR 1910 Subpart I. Good general ventilation should be sufficient to control airborne levels. Wear chemical splash goggles or safety glasses with full-face shield. Wear rubber gloves. Wash them after each use and replace as necessary. If conditions warrant, wear protective clothing such as boots, aprons, and coveralls to prevent skin contact. Maintain eyewash fountain and quick-drench facilities in work area. Section 9. Physical and Chemical Properties Appearance: Clear, colorless Physical state: Liquid Boiling Point: ~212ºF Solubility in Water: Complete Evaporation Rate: N/A Specific Gravity: ~ Freezing Point: 27ºF Vapor Density: N/A Melting Point: N/D Vapor Pressure: N/A Molecular Weight: N/A Viscosity: N/A Odor: Mild % VOC: 0 ph: ~ 3.7 Flash Point: Not flammable Section 10. Stability and Reactivity Chemical Stability: Stable at normal temperatures and pressures Incompatibility: High heat Hazardous Decomposition Products: Hydrochloric acid Hazardous Polymerization: Will not occur WaterLegacy Exhibit 1 page 104 out of 111 IHS Number: ChemTreat, Inc. S-891L Page 2

105 Section 11. Toxicological Information No information available Section 12. Ecological Information Fathead Minnow: 96h LC50 = > 1000 mg/l Ceriodaphnia dubia: 48h LC50 = >2000 mg/l Section 13. Disposal Considerations Dispose of water material in municipal or industrial landfill as allowed by regulatory authorities. Flush contaminated area with soap and water and drain in industrial wastewater treatment plant. Triple rinse drums with water. Remove or obliterate all markings and label and discard drum with industrial trash or send to drum reclaimer. Discard rinse water to a biochemical wastewater treatment system. Section 14. Transport Information (not meant to be all inclusive) D.O.T. Shipping Name: Not D.O.T. Regulated WaterLegacy Exhibit 1 page 105 out of 111 IHS Number: Section 15. Regulatory Information (Not meant to be all inclusive selected regulation represented) TSCA Status: All ingredients listed CERCLA Reportable Quantity: None SARA Title III: Section 302 Extremely Hazardous Substances: None Section 313 Toxic Chemicals: None CALIFORNIA PROPOSITION 65: None known. NSF Certified to ANSI/NSF 60. Maximum use rate for potable water 180 mg/l. GRAS - Using the Eligibility for Classification outlined in 21 CFR , ChemTreat has determined that this product is considered Generally Recognized as Safe (GRAS) and complies with 21 CFR , Substance migrating to food from paper and paperboard products. Section 16. Other Information HMIS Hazard Rating: Health: 1 Flammability: 0 Physical Hazard: 0 PPE: X (see note) Note: PPE rating depends on circumstances of use. See Section 8 for recommended PPE. SARA Hazard Categories Section 311/312 Acute Yes Chronic No Fire No Reactive No Sudden Release No Prepared by Regulatory Affairs Although the information and recommendations set forth herein (hereinafter Information ) are presented in good faith and believed to be correct as of the date hereof, ChemTreat, Inc. makes no representations as to the completeness or accuracy thereof. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will ChemTreat, Inc. be responsible for damages of any nature whatsoever resulting from the use or reliance upon information. NO REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION REFERS. ChemTreat, Inc. S-891L Page 3

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