July 12, 2018

ATTN: Christine Aiello
Permits Section, Water Resources Division (WRD) Michigan Department of Environmental Quality (MDEQ) P.O. Box 30458
Lansing, MI 48909-7958

Re: DRAFT NPDES Permit No. MI0037028, DECO-Fermi-2 Plt Public Comment

Submitted by:
Alliance to Halt Fermi 3 (ATHF3.org)

INTRODUCTION

Alliance to Halt Fermi 3 (ATHF3) is a Southeast Michigan-based 501(c)(3) organization dedicated to opposing nuclear power in favor of safer and more affordable energy solutions. ATHF3 represents a coalition of more than twenty organizations advocating for a rapid transition to clean, renewable energy. ATHF3 is a member group of the Michigan Environmental Council (MEC).

The ATHF3 organization is committed to the shutdown and safe decommissioning of DTE Electric Company’s Fermi, Unit 2 Nuclear Power Plant as soon as possible, and we encourage and advocate for renewables, efficiency and conservation programs as alternatives to DTE’s nuclear power portfolio. In the meantime, ATHF3 supports the strongest possible laws and regulations to protect public health, safety and the environment.

Of particular concern to ATHF3 is the issue of regulated gaseous and liquid effluent discharges from Michigan’s nuclear power plants into Michigan’s air and public waters. By authorization and permit, nuclear power facilities release toxic, radioactive and thermal pollution into the environment, routinely by design, even under normal operating conditions. It is therefore a myth that nuclear power is clean and emissions-free.

BACKGROUND

Pursuant to the federal Clean Water Act (CWA), as amended, and pursuant to laws and regulations enacted by the State of Michigan, the MDEQ proposes to reissue a

wastewater discharge permit to DTE Electric Company (DTE) for the Fermi 2 Nuclear Power Plant located in Southeast Michigan on the Lake Erie shoreline. MDEQ grants such permits under the National Pollutant Discharge Elimination System (NPDES), which is authorized to state governments by the U.S. Environmental Protection Agency (U.S. EPA).

The Applicant (DTE) discharges cooling tower blowdown, processed radwaste wastewater, residual heat removal system service water, treated chemical and nonchemical metal cleaning wastewater, treated oily wastewater, low-volume wastewater, service water screen backwash, dredging dewatering water, and storm water to Lake Erie and Swan Creek.

On its effective date of August 1, 2018, this modified, reissued NPDES permit would/shall supersede the existing permit which technically expired on October 1, 2014. This reissued permit shall expire on October 1, 2022 unless DTE applies for and receives MDEQ authorization to discharge beyond that date.

DISCUSSION

The ATHF3 organization hereby officially registers our opposition to both the MDEQ’s DRAFT modified NPDES permit for Fermi 2 and DTE’s application to the MDEQ, and we request a public hearing to discuss this contestable matter on the record before a final decision is made to reissue the permit.

Contention #1

Inadequate mitigation of Fermi 2’s thermal discharge into Lake Erie ecosystem contributes to harmful algal blooms associated with cumulative stress impacts.

Contention #2

Environmental Justice (EJ) violations and treaty violations deny the rights and privileges of indigenous native tribes to fish, hunt wildlife, and gather safe and healthy natural foods near the Fermi 2 site for subsistence consumption.

Regarding Contention #1:

In 2015, the U.S. EPA reviewed the U.S. Nuclear Regulatory Commission (NRC)’s Environmental Impact Statement (EIS) for the proposed Fermi 2 License
Renewal. Concerned about the cumulative stress impacts to Lake Erie’s water

quality, the U.S. EPA submitted the following comment and recommendation to the NRC:

Cumulative Impacts – Aquatic Resources

EPA is generally concerned about increasing intensity of algal blooms in Lake Erie. We appreciate the discussion throughout the document about the linkages among and potential impacts to algal blooms, climate change, and water temperature as a result of continued discharge from Fermi 2. We acknowledge that the National Pollution Discharge Elimination System (NPDES) permit for Fermi 2’s primary outfall (Outfall 001) does not include numerical temperature or nutrient limits. NRC concludes the cumulative impact to aquatic resources from all stressors, including Fermi 2, is LARGE. While Fermi 2 is not solely responsible for algal bloom issues in the western Lake Erie basin, EPA believes that all contributors should continue to monitor and adaptively manage their discharges in order to reduce environmental impacts, particularly as water temperature continues to increase from climate change.

Recommendation: EPA recommends NRC and the applicant commit to ongoing monitoring of algal blooms in the vicinity of the Fermi NPDES outfalls. We recommend the applicant take reasonable steps to further reduce the temperature of discharge as a means of mitigating contributions to algal blooms in the western basin of Lake Erie. (emphasis added).

Based on the U.S. EPA’s testimony above, ATHF3 contends even the U.S. EPA itself would not be 100% supportive of the MDEQ’s proposed DRAFT modified NPDES permit for Fermi 2. Reasonable mitigation alternatives exist beyond the use of a closed-loop cooling system as the best available pollution control technology to minimize power plant thermal loading impacts to Lake Erie.

To be clear, ATHF3 commends the MDEQ for finally beginning to establish maximum limits for nutrient loading and concentration in this modified NPDES permit for Fermi 2. However, the MDEQ continues to effectively disregard the incremental adverse impact of Fermi 2’s discharged waste heat as a contributor to the overall stress on the impaired Lake Erie. Under the Clean Water Act, accountability for setting and regulating power plant thermal discharge limits rests squarely with the U.S. EPA and applicable state governments, not with the U.S. NRC, as acknowledged by the U.S. NRC itself. Therefore, in this matter, the MDEQ is the primary responsible agency charged with protecting the environment and public health.

In 2014, during the Fermi 2 operating license renewal proceedings, DTE argued that Fermi 2 is considered a closed-loop cooling system with respect to cooling water use, and, therefore, the typical power plant thermal impacts are significantly reduced and considered SMALL. Further, DTE concluded that continued power

plant operations will not increase the potential for algal blooms in the site’s vicinity or increase the potential for establishment or survival of nuisance/harmful algal species in Lake Erie.

Again, given the 2015 comment and recommendation of the U.S. EPA itself, ATHF3 disputes DTE’s conclusion. Without a doubt, Fermi 2 remains one significant contributor to the overall cumulative impact of thermal stress on Lake Erie, and, therefore, Fermi 2 is partially responsible for algal bloom issues in the basin. Period.

Regarding Contention #2:

ATHF3 contends NPDES-permitted wastewater discharges into Lake Erie from the Fermi 2 Nuclear Power Plant are Environmental Justice (EJ) violations and treaty violations which deny the rights and privileges of indigenous native tribes to fish, hunt wildlife, and gather safe and healthy natural foods near the Fermi 2 site for subsistence consumption.

As recently as 2014, during the Fermi 2 operating license renewal proceedings, DTE asserted that there is no “subsistence fishing in Lake Erie” and there are no “subsistence practices” near Fermi 2. DTE reached this finding by asking the Monroe County sheriff, the superintendent of the Monroe County Intermediate School District, two local church officials, and a local farmer whether anyone used “natural resources as food for consumption” in the nearby area. However, ATHF3 and others, including our ally Citizens’ Resistance at Fermi 2 (CRAFT), have found no evidence that DTE consulted on this particular issue with any federally- recognized Native American Indian tribe listed as having treaty rights and privileges to hunt, fish, and gather edible foods in the Lake Erie Western Basin.

As it turns out, there are individual First Nations members in the Great Lakes region who have documented to the U.S. NRC that they do still continue to use areas near Fermi 2 for subsistence practices including hunting, fishing, and gathering wild foods. Further, individuals from numerous federally-recognized Native American Indian tribes have formally asserted to the U.S. NRC their treaty rights and privileges to hunt, fish, and gather edible plants and animals in the areas near Fermi 2. Tribal members have stated their grave concern about Fermi 2’s potential risks and adverse impacts to their food resources and, by extension, to their health, safety and quality of life.

ATHF3 suspects that numerous species of plants, fish, wild game, and migratory birds are contaminated, and made inedible, by toxic releases from Fermi 2. One NPDES-regulated pollutant is mercury, which is known to bio-concentrate and bio- accumulate in the food chain, and many wild species are known to spend part or all of their lifecycles at or near the Fermi 2 site, perhaps near areas of higher mercury concentration. ATHF3 is concerned that both DTE and the MDEQ have failed to consider whether members of certain tribal communities are negatively affected by exposure to unsafe levels of toxic substances released by Fermi 2, especially with respect to the potential for the consumption of contaminated foods.

Despite weak Environmental Justice (EJ) practices under current Michigan state laws, the NPDES program is notably a National System under the auspices of the U.S. EPA in accordance with federal Clean Water Act (CWA) provisions. Hence, the current and more robust, federal EJ practices should apply in this matter, and, of course, “subsistence consumption” practices are considered a subset of Socioeconomic and Environmental Justice Analyses in federal agency project reviews and proceedings, such as in matters pertaining to operations at Fermi 2.

Sadly, in North America and across the world, the poisoning and ruining of native lands and vital, essential resources continues with impunity. The 1807 Treaty of Detroit between several Native American Indian nations and the U.S. government guarantees hunting and fishing privileges to recognized parties. Moreover, the United Nations Declaration on the Rights of Indigenous Peoples

states: “Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or
acquired.” Thus, international human rights violations and U.S. treaty violations are evident here in the state of Michigan in connection with the potential risks and adverse impacts from ongoing unabated operations at Fermi 2.

CONCLUSION

For the above reasons, the ATHF3 organization opposes both the MDEQ’s DRAFT modified NPDES permit for Fermi 2 and DTE’s application to the MDEQ, and we request a public hearing to discuss this contestable matter on the record before a final decision is made to reissue the permit.

Respectfully submitted,

Carol Izant
Chair, ATHF3 Board of Directors

David Schonberger
ATHF3 Legal/Legislative Advocacy _____