Permit No. OK0043320 Page 2

ID No. I-60000470 Part I

AUTHORIZATION TO DISCHARGE UNDER

THE OKLAHOMA POLLUTANT DISCHARGE ELIMINATION SYSTEM

Permit Number:
ID Number: / OK0043320
I-60000470

In compliance with the Oklahoma Pollutant Discharge Elimination System Act (OPDES Act), 27A O.S., §2-6-201 et seq., and the rules of the Oklahoma Department of Environmental Quality promulgated thereunder,

Tronox LLC
1005 E. Deep Rock Road
Cushing, Oklahoma 74023

is authorized to discharge from their facility, located in the:

SW¼, SW¼, NE¼, Section 23 and 27, Township 18N, Range 5EIM,
Payne County, Oklahoma, or
At 1005 E. Deep Rock Road, Cushing, Oklahoma 74023

to receiving waters identified as: Skull Creek, Stream Segment No. 620900 (WBID: 620900010360) of the Upper Arkansas River Basin, from:

Outfall 001:

Latitude N 36o 00’ 45.490”, Longitude W 96o 45’ 14.726”

SW¼, NE¼, NE¼, Section 27, Township 18N, Range 5EIM,

Payne County, Oklahoma

Outfall 007:

Latitude N 36o 00’ 40.471”, Longitude W 96o 45’ 23.759”

SW¼, SW¼, NE¼, Section 27, Township 18N, Range 5EIM,

Payne County, Oklahoma

Outfall 008:

Latitude N 36o 00’ 37.674”, Longitude W 96o 45’ 26.280”

SE¼, SW¼, NE¼, Section 27, Township 18N, Range 5EIM,

Payne County, Oklahoma

in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts I, II, III, and IV, hereof.

The above-referenced facility is also authorized to retain wastewater in three flow-through surface impoundments (F01, F07, and F08) as described in the Appendix.

Surface impoundments shall be maintained in accordance with conditions set forth in Parts I, II, III, and IV, hereof.

Issuance of this permit in no way or in any respect affects the permittee's civil or criminal responsibility regarding disposal and/or discharges of wastewater, except with respect to the permittee's legal responsibility under the OPDES Act and Department Rules.

This permit replaces and/or supersedes NPDES Permit No.OK0043320 that became effective on July 28, 2005.

This permit shall become effective on .

This permit and the authorization to discharge shall expire at midnight, on .

This is to certify that the wastewater discharges set forth in this permit comply with the requirements of Oklahoma's Water Quality Standards, as amended, provided the permittee does not exceed the effluent limitations set forth in this permit.

Issued this day of .

For Oklahoma Department of Environmental Quality,

______
Carol Paden, P.E., Manager
Industrial Permits Section
Water Quality Division / ______
Shellie Chard-McClary, Director
Water Quality Division

Permit No. OK0043320 Page 2

ID No. I-60000470 Part I

Permit No. OK0043320 Page 6

ID No. I-60000470 Part I

PART I

EFFLUENT LIMITATIONS, MONITORING AND REPORTING REQUIREMENTS

SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

Outfalls 001, 007 & 008

During the period beginning the effective date and lasting through the expiration date, the permittee is authorized to discharge from Outfalls 001, 007, and 008. Discharges from all outfalls consist of recovered and treated contaminated groundwater, storm water runoff, and purge and development water from monitoring wells.

Such discharges shall be limited and monitored by the permittee as specified below:

Effluent Limitations – Outfall 001 and Outfall 007

PARAMETERS /
DISCHARGE LIMITATIONS
MASS LOADING LIMITS
(lbs/day unless otherwise specified) / CONCENTRATION LIMITS
(mg/l unless otherwise specified)
MONTHLY
AVERAGE / DAILY MAXIMUM / MONTHLY
AVERAGE / DAILY
MAXIMUM
Flow
STORET: 50050 / Report MGD / Report MGD / N/A / N/A
Total Residual Chlorine
STORET: 50060 / N/A / N/A / N/A / No measurablea
Oil and Grease
STORET: 00556 / 7.51 / 11.26 / 10 / 15
Total Suspended Solids
STORET: 00530 / 22.52 / 33.77 / 30 / 45
Chemical Oxygen Demand
STORET: 00340 / 135.11 / 270.22 / 180 / 360
Total Organic Carbon
STORET: 00680 / 56.30 / 71.31 / 75 / 95
Sulfate, total
STORET: 00945 / 1098.13 / 1192.70 / 1463 / 1589
Selenium, total
STORET: 01147 / 0.0144 / 0.0275 / 19.37 µg/l / 36.76 µg/l
Lead, total
STORET: 01051 / N/A / N/A / Reportb / Reportb
pH
STORET: 00400 / N/A / N/A / between 6.5 s.u. – 9.0 s.u.

a “No measurable” is defined by DEQ as <0.1 mg/l.

b Until at least ten(10) samples have been reported to the DEQ

Effluent Limitations –Outfall 008

PARAMETERS /
DISCHARGE LIMITATIONS
MASS LOADING LIMITS
(lbs/day unless otherwise specified) / CONCENTRATION LIMITS
(mg/l unless otherwise specified)
MONTHLY
AVERAGE / DAILY MAXIMUM / MONTHLY
AVERAGE / DAILY
MAXIMUM
Flow
STORET: 50050 / Report MGD / Report MGD / N/A / N/A
Total Residual Chlorine
STORET: 50060 / N/A / N/A / N/A / No measurablea
Oil and Grease
STORET: 00556 / 7.51 / 11.26 / 10 / 15
Total Suspended Solids
STORET: 00530 / 22.52 / 33.77 / 30 / 45
Chemical Oxygen Demand
STORET: 00340 / 135.11 / 270.22 / 180 / 360
Total Organic Carbon
STORET: 00680 / 56.30 / 71.31 / 75 / 95
Sulfate, total
STORET: 00945 / 1105.63 / 1195.70 / 1473 / 1593
Selenium, total
STORET: 01147 / 0.0144 / 0.0277 / 19.30 µg/l / 36.92 µg/l
Lead, total
STORET: 01051 / N/A / N/A / Reportb / Reportb
pH
STORET: 00400 / N/A / N/A / between 6.5 s.u. – 9.0 s.u.

a “No measurable” is defined by DEQ as <0.1 mg/l.

b Until at least ten (10) samples have been reported to the DEQ

Monitoring Requirements – Outfalls 001, 007, and 008

PARAMETERS / MEASUREMENT FREQUENCYa / SAMPLE TYPE
Flow / Continuous / Totalize
Oil and Grease / 1/month / Grab
Total Suspended Solids / 1/2 months / Grab
Chemical Oxygen Demand / 1/month / Grab
Total Organic Carbon / 1/2 months / Grab
Sulfate / 2/month / Grab
Selenium / 2/month / Grab
Lead / 1/monthb / Grab
pH / 1/week / Grab

aWhen discharging

bUntil at least ten(10) samples have been reported to the DEQ

NOTE: See Parts II, III and IV for Additional Requirements.

There shall be no discharge of floating materials and suspended substances that produce objectionable color and turbidity.

The discharges must also be free from noxious odors and tastes, from materials that settle to form objectionable deposits, and there shall be no discharges that produce undesirable effects or are a nuisance to aquatic life.

There shall be no discharge of visible sheen of oil or globules of oil or grease.

Oil and grease shall not be present in quantities that adhere to stream banks and coat bottoms of water courses or which cause deleterious effects to the biota.

Samples for Outfalls 001, 007, and 008 taken in compliance with the monitoring requirements specified above shall be taken at the following locations:

Outfall 001: At the end of the discharge pipe from F01 prior to discharge to Skull Creek at Latitude

N 36o 00’ 45.490”, Longitude W 96o 45’ 14.726” in the SW¼, NE¼ , NE¼ , Section 27, Township 18N, Range 5EIM, Payne County, Oklahoma,

Outfall 007: At the end of the discharge pipe from F07 prior to discharge to Skull Creek at Latitude

N 36o 00’ 40.471”, Longitude W 96o 45’ 23.759” in the SW¼, SW¼ , NE¼ , Section 27, Township 18N, Range 5EIM, Payne County, Oklahoma, and

Outfall 008: At the end of the discharge pipe from F08 prior to discharge to Skull Creek at Latitude

N 36o 00’ 37.674”, Longitude W 96o 45’ 26.280” in the SE¼, SW¼ , NE¼ , Section 27, Township 18N, Range 5EIM, Payne County, Oklahoma.

SECTION B. BACKGROUND MONITORING REQUIREMENTS- OUTFALL 999

During the period beginning the effective date of the permit and lasting through one year from the effective date of the permit, the permittee shall collect and analyze upstream background samples as specified below:

Parameters / Concentration (mg/l) / Monitoring Requirements1 /
Monthly Avg / Daily Max / Monitoring Frequency / Sample Type /
Hardness (as CaCO3) / NA / Report / 1/month2 / Grab
Lead, total / NA / Report / 1/month2 / Grab
Selenium, total / NA / Report / 1/month2 / Grab

1 For first year of permit only

2 Monthly background samples for hardness shall be collected under conditions representative of low stream flow insofar as possible given seasonal variations. In no case shall samples be collected under high stream flow conditions associated with storm events

Samples for Outfall 999 taken in compliance with the monitoring requirements specified above shall be taken at the following location:

Outfall 999: At a point in Skull Creek and far enough upstream of Outfall 008 so as to not be influenced by such discharge.

SECTION C. SCHEDULE OF COMPLIANCE

The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: None.

SECTION D. REPORTING OF MONITORING RESULTS

Monitoring results shall be reported in accordance with the provisions of Part III. E.4 of the permit. Monitoring results obtained during the previous month shall be summarized and reported on the Discharge Monitoring Report (DMR) forms postmarked no later than the 15th day of the following month. If no discharge occurs during the reporting period, DMR forms stating “No Discharge” shall be submitted according to the above schedule.

The first report is due on .

Permit No. OK0043320 Page 2

ID No. I-60000470 PART II

PART II

OTHER PERMIT REQUIREMENTS
  1. The permittee is hereby given notice that this permit is in all respects subject to compliance with and actions under any and all applicable and relevant terms, conditions, provisions and requirements and any and all amendments of the laws of the state of Oklahoma, the rules of the Oklahoma Department of Environmental Quality, and Oklahoma’s Water Quality Standards. The absence of any express reference within this permit of any particular statutory requirement, rule(s), regulation(s), or standard(s) shall in no respect be deemed or construed to exempt or preclude the application of such requirement, rule(s), regulation(s), or standard(s) to this permit or the permittee. By the Director’s approval, grant and issuance of this permit, permittee acknowledges receipt of true, correct and current copies of Oklahoma’s Water Quality Standards, and the rules of the Oklahoma Department of Environmental Quality, provided, however, that permittee further acknowledges that any and all amendments thereto shall become part of this permit.
  1. REOPENER CLAUSE

This permit may be reopened for modification or revocation and reissuance to require additional monitoring and/or effluent limitations where actual or potential exceedances of state water quality criteria are determined to be the result of the permittee’s discharge to the receiving water(s), or a Total Maximum Daily Load is established for the receiving stream(s), or when required as technology. Modification or revocation and reissuance of the permit shall follow regulations listed at 40 CFR 124.5.

Outfall 001 has not discharged during the last permit cycle, however, the facility has requested that it remain on the permit for future discharges, if necessary. Limits from Outfall 007 have been used in this permit for Outfall 001. In the event that Outfall 001 is used for discharge, after sufficient flow data from Outfall 001 has been reported to the DEQ, the permit will be re-opened and mass loading limits re-calculated based on available flow data.

  1. LABORATORY CERTIFICATION

All laboratory analyses for the parameters specified in this permit must be performed by a laboratory certified by the Oklahoma Department of Environmental Quality for those parameters.

  1. ANALYTICAL REQUIREMENTS

Unless otherwise specified in this permit, effluent and/or upstream monitoring shall be conducted according to analytical, apparatus and materials, sample collection, preservation, handling, etc., procedures listed at 40 CFR 136 in effect on the effective date of this permit. Appendices A, B, and C to 40 CFR 136 are specifically referenced as part of this requirement. Amendments to 40 CFR 136 promulgated after the effective date of this permit shall supersede these requirements as applicable. The following MQL shall be used for selenium and lead – 5 µg/l.

  1. SURFACE IMPOUNDMENT REQUIREMENTS

A minimum freeboard of three (3) feet for surface impoundments F01, F07, and F08 shall be maintained.

The permit may be reopened to implement and/or require impoundment modifications, additions, extensions, and/or operational changes; additional monitoring and reporting (including but not necessarily limited to soil sampling); reclassification of wastes; sludge management plans; best management practices; closure plans; remediation and/or remediation plans; monitoring wells and/or subsurface monitoring plans; and/or other appropriate actions.

At such time as surface impoundments F01, F07, and/or F08 are to be permanently taken out of service or at such time as the contents of F01, F07, and/or F08 pose a risk to the environment or waters of the state, the owner or operator of the facility shall follow all closure requirements contained in OAC 252:616-13.

In all other respects, F01, F07, and F08 shall be subject to standard conditions for surface impoundments contained in OAC 252:616, Subchapters 5, 7, 9, and 13, including but not limited to requirements for construction, operation, maintenance, monitoring and closure.

Maintenance and Operation Plan

For surface impoundments that contain Class I wastewater (F01, F07, and F08), there must be a written Maintenance and Operation Plan (MOP). The MOP must be followed, updated annually if necessary, kept on-site and be available to the DEQ. The MOP must contain the following items:

a. Maintenance

The MOP must discuss maintenance procedures including methods to protect impoundment and liner integrity, procedures for solid removal as well as other procedures (such as tank repair or control of soil erosion, removal of deep-root vegetation, and prevention of liner dessication).

b. Operation

The MOP must discuss operation procedures used to protect the surface impoundment and liner integrity, as well as other procedures (e.g. influent and effluent flow, sludge removal, sludge storage, changes in waste composition, and freeboard control). Describe procedures to notify the DEQ at the time of a spill or bypass.

c. Monitoring

The MOP must discuss the scope and frequency of monitoring activities (such as parameters sampled, sampling frequency, sampling methods, and reporting schedule).

d. Personnel

Include the name and phone number of all personnel responsible for maintenance, operation and monitoring activities.

  1. LAND APPLICATION

Not Applicable.