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HomeMy WebLinkAboutNC0001112_Draft Permit_20171031Water Resources ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director October 31, 2017 Mr. Richard Bayless, Site Manager INVISTA, S.a.r.l. P.O. Box 327 Wilmington, North Carolina 28402 Subject: Draft NPDES Permit Permit NC0001112 INVISTA, S.a.r.l. New Hanover County Facility Class II Dear Mr. Bayless: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from your current permit: • Limits for Total Copper were added to the permit based on the results of the Reasonable Potential Analysis (Outfall 002). • Limits for 1,4 -dioxane were removed from the permit based on the results of the Reasonable Potential Analysis (Outfall 002). • Limits for OCPSF parameters (including BOD and TSS) were reduced based on the decreases in production (Outfall 002). • The list of treatment system components and waste streams was updated due to the changes at the facility. • Monitoring frequencies for pH, temperature, BOD (Outfall 002 only), and TSS were reduced to weekly due to the re-classification of the facility to Class II (Outfall 001 and Outfall 002). The Division is unable to change the facility's status to Minor due to the nature of the production and existing issues in the receiving stream. Please provide any comments you have regarding the draft permit to this office by December 1, 2017. At this time, the Division is also publishing a notice in the newspapers of general circulation in New Hanover County, inviting public comment on the draft permit. Following the 30 -day comment period, we will review all pertinent comments received and take appropriate action on the permit renewal. The NPDES Standard Conditions (Parts II, III, and IV) Nothing Compares ---N., State of North Carolina I Environmental Quality I Water Resources 512 N Salisbury Street 1 1611 Mad Service Center I Raleigh, NC27699-1611 919 7079000 are not included with this draft. They can be found at the following link if you would like to review them in conjunction with this draft permit. http: / / ncdenr. s3. amazonaws. com / s 3fs- public/ Water%2 0 Quality / Surface%20Water%20Protection/ NPDES / MISC/ NPDES%2 0 Standar d%20Conditions-Boilerplate-DWR-S NP-NPDES-20150410.pdf If you have any questions abcut the NPDES permit process, please contact me at the following e-mail address. sergei chernikov(a-)ncdenr.gov, or telephone number: 919-807-6386. Sincerely, Sergei Chernikov, Ph.D Environmental Engineer II Complex NPDES Permitting Unit cc Central Files NPDES Files EPA Region N Wilmington Regional Office / Water Quality (e -copy) WSS/Aquatic Toxicology Unit (e -copy) WSS/Monitoring Coalition Coordinator (e -copy) Nothing Compares --,,,- State of North Carolina I Environmental Quality I Water Resources 512 N Salisbury Street 1161' Mad Service Center I Raleigh, NC 27699-1611 919 7079000 Permit No NC0001112 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES DRAFT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Invista, S.a r.I. is hereby authorized to discharge wastewater from a facility located at 4600 Highway 421 North Wilmington, North Carolina New Hanover County to receiving waters designated as the Northeast Cape Fear River (Outfall 001) and the Cape Fear River (Outfall 002) in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III, and IV hereof The permit shall become effective This permit and the authorization to discharge shall expire at midnight on Signed this day S. Jay Zimmerman P.G , Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 10 Permit No. NC0001112 SUPPLEMENT TO PERMIT COVER SHEET The exclusive authority to operate this facility arises under this NPDES permit. The conditions, requirements, terms and provisions of this NPDES permit govern surface water discharges from this facility All previous NPDES Permits issued to this facility bearing this permit number, whether for operation or discharge, are hereby revoked. Invista S.a r.l. is hereby authorized to: 1. Continue to operate an existing wastewater treatment plant located at 4600 U.S. Highway 421 North northwest of Wilmington in New Hanover County, and consisting of the following treatment components: ■ One 0 3 MG holding tank ■ Dual 0.25 MG holding tanks ■ Three 1.7 MG flow equalization tanks ■ 0.1 MG conditioning tank for nutrient addition and pH adjustment ■ Aeration Basin #2 ■ Dual clarifiers (#2 and #3) ■ Reactor Clarifier ■ Sludge centrifuge ■ Flow measuring and recording equipment ■ In addition, the following are optional units currently not in service: 1) Aeration Basins #1 and #3; and 2) Clarifiers #1A and #1 B 2 Discharge process wastewater, domestic wastewater, tank wash water, well purge water, stormwater from railcar loading, and groundwater purge water from said treatment works into the Cape Fear River via Outfall 002, at the location specified on the attached map The Cape Fear River is classified C -Swamp waters in the Cape Fear River Basin. 3. Discharge non -contact cooling water, cooling tower blowdown, unrecovered steam condensate, boiler water, reverse osmosis reject water, and stormwater into the Northeast Cape Fear River via an effluent channel from Outfall 001, at the location specified on the attached map. The Northeast Cape Fear River is classified C -Swamp waters in the Cape Fear River Basin. Part I Page 2 of 10 Permit No. NC0001112 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 001 [15A NCAC 02B 0400 et seq., 02B 0500 et seq ] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge non -contact cooling water, cooling tower blowdown, reverse osmosis water (backwash, softener waste, reject), and stormwater from Outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow Continuous Recorder I or E pH2 Weekly Grab E Temperature3 Weekly Grab E TSS 30.0 mg/L 45.0 mg/L Weekly Composite E Total Residual Chlonne4 28 ug/L Monthly Grab E Total Copper Quarterly Composite E Total Zinc Quarterly Composite E Total Nitrogen (NO2+NO3+TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Acute Toxicity5 Quarterly Composite E Footnotes: 1. Sample Locations: I = Influent, E = Effluent. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units 3 The temperature of the effluent shall not cause an increase in the receiving stream of more than 2.8°C, and in no case cause the receiving stream to exceed 32°C. 4 Total Residual Chlorine limit applies if chlorine or chlorine derivative is used for disinfection. The Division shall consider all effluent TRC values reported below 50 pg/L to be in compliance with this permit. The Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory, even if these values fall below 50 pg/L. 5 Acute Toxicity, Fathead Minnow, 24-hour, 90% Effluent; refer to Special Condition A. (4.). The quarterly sampling and analysis for toxicants (copper and zinc) should be conducted concurrently with the quarterly toxicity testing. There shall be no discharge of floating solids or foam in other than trace amounts. Page 3 of 10 Permit No. NC0001112 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 002 [15A NCAC 02B 0400 et seq , 02B .0500 et seq ] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated process wastewater, domestic wastewater, and purge water from groundwater observation wells from Outfall 002 Such discharges shall be limited and monitored by the permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow 0 5 MGD Continuous Recording I or E BOD, 5 -day, 20°C 39 4 lbs/day 100 6 lbs/day Weekly Composite E Total Suspended Solids 63.2 lbs/day 198 5 lbs/day Weekly Composite E pH2 Weekly Grab E Temperature Weekly Grab E Total Copper 9,261.0 pg/L 9,893.0 pg/L Monthly Composite E Total N itrogen(NO2+NO3+TKN ) Monthly Composite E Total Phosphorus Monthly Composite E Acute Toxicity3 Quarterly Composite E Temperature4 3/Week4 Grab U, D Dissolved Oxygen4 3/Week4 Grab U, D Salinity4 3/Week4 Grab U, D Conductivity4 3/Week4 Grab U, D 1,4 dioxane Quarterly Composite E Footnotes" 1. Sample Locations I- Influent, E- Effluent, and U- Upstream 0.25 miles above the outfall, D - Downstream at the confluence of the Cape Fear River and Indian Creek. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Acute Toxicity, Fathead Minnow, 24-hour, 90% Effluent; Refer to Special Condition A. (4.). 4 Instream monitoring requirements are waived as long as permittee retains membership in the Lower Cape Fear River Program If membership is cancelled, the permittee shall begin sampling immediately at 3/week (June -September) or weekly (October -May). There shall be no discharge of floating solids or foam in other than trace amounts. Page 4of10 Permit No NC0001112 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS- Outfall 002 (continued) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge OCPSF-related process wastewater from Outfall 002 Such discharges shall be limited and monitored by the Permittee as specified below. Effluent Parameters Monthly Average lbs/day Daily max lbs/day Measurement Frequency Sample Type Sample Location Acenaphthene 0 033 0 088 Annually Grab Effluent Acenaphthylene 0 033 0 088 Annually Grab Effluent Acrylonitrile 0 143 0 359 Annually Grab Effluent Anthracene 0 033 0 088 Annually Grab Effluent Benzene 0 055 0202 Annually Grab Effluent Benzo(a)anthracene 0 033 0 088 Annually Grab Effluent 3,4-Benzofl uora nthene 0 034 0 091 Annually Grab Effluent Benzo(k)fluoranthene 0 033 0 088 Annually Grab Effluent Benzo(a)pyrene 1 368 ug/L 0 091 Annually Grab Effluent Bis(2-ethylhexyl) phthalate 0 153 0 414 Annually Grab Effluent Carbon Tetrachloride 0 027 0 056 Annually Grab Effluent Chlorobenzene 0 022 0 042 Annually Grab Effluent Chloroethane 0 154 0 398 Annually Grab Effluent Chloroform 0 031 0 068 Annually Grab Effluent 2 -Chlorophenol 0 046 0 145 Annually Grab Effluent Chrysene 0 033 0 088 Annually Grab Effluent Di -n -butyl phthalate 0 040 0 085 Annually Grab Effluent 1,2 -Dichlorobenzene 0 114 0 242 Annually Grab Effluent 1.3 -Dichlorobenzene 0 046 0 065 Annually Grab Effluent 1,4 -Dichlorobenzene 0 022 0 042 Annually Grab Effluent 1,1-Dichloroethane 0 033 0 088 Annually Grab Effluent 1,2-Dichloroethane 0 101 0 313 Annually Grab Effluent 1.1-Dichloroethvlene 0 024 0 037 Annually Grab Effluent 1,2-trans-Dichloroethylene 0 031 0 080 Annually Grab Effluent 2,4-Dichlorophenol 0 058 0 166 Annually Grab Effluent 1,2-Dichloropropane 0 227 0 341 Annually Grab Effluent 1,3-Dichloropropene 0 043 0 065 Annually Grab Effluent Diethyl phthalate 0 120 0 301 Annually Grab Effluent 2,4 -Dimethylphenol 0 027 0 053 Annually Grab Effluent Dimethyl phthalate 0 028 0 070 Annually Grab Effluent 4.6-Dinitro-o-cresol 0 116 0 411 Annually Grab Effluent 2,4-Dinitrophenol 0105 0183 Annually Grab Effluent Page 5 of 10 Permit No. NC0001112 2,4-Dinitrotoluene 0 168 0 423 Annually Grab Effluent 2,13-Dinitrotoluene 0 X79 0 952 Annually Grab Effluent Ethylbenzene 00-48 0 160 Annually Grab Effluent Fluoranthene 0 037 0 101 Annually Grab Effluent Fluorene 0 033 0 088 Annually Grab Effluent Hexachlorobenzene 0 832 ugiL 0 042 Annually Grab Effluent Hexachlorobutadiene 0 030 0 073 Annually Grab Effluent Hexachloroethane 0 031 0 080 Annually Grab Effluent Methyl Chloride 0 1 /28 0 282 Annually Grab Effluent Methylene Chloride 0 059 0 132 Annually Grab Effluent Naphthalene 0 033 0 088 Annually Grab Effluent Nitrobenzene 0 040 0 101 Annually Grab Effluent 2-Nitrophenol 0 061 0 102 Annually Grab Effluent 4-Nitrophenol 0.107 0184 Annually Grab Effluent Phenanthrene 0.033 0 088 Annually Grab Effluent Phenol 0 022 0 039 Annually Grab Effluent Pyrene 0 037 0 099 Annually Grab Effluent Tetrachloroethylene 0 032 0 083 Annually Grab Effluent Toluene 0 039 0 119 Annually Grab Effluent 1,2,4-Trichlorobenzene 0.101 0208 Annually Grab Effluent 1,1,1 -Trichloroethane 0.031 0 080 Annually Grab Effluent 1,1,2 -trichloroethane 0 031 0 080 Annually Grab Effluent Trichlororethylene 0 031 0 080 Annually Grab Effluent Vinvl Chloride 0 154 0 398 Annuallv Grab Effluent A. (3.) DISINFECTION [G S 143-215 1(b)] In the event that violations of the fecal coliform water quality standard of North Carolina occur as a result of this discharge, disinfection will immediately be required and the permit amended to establish a fecal coliform effluent limitation. Page 6of10 Permit No. NC0001112 A. (4.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) - Outfalls 001 & 002 [15A NCAC 02B .0200 et seq ] The permittee shall conduct acute toxicity tests on a auarfer/y basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration" (Revised December 2010 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Pimepha/es prome/as) 24-hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The tests will be performed during the months of February, May, August, and November. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR -1) for the month in which it was performed, using the parameter code TGE6C. Additionally, DWR Form AT -2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed Upon passing, this monthly test requirement will revert to quarterly in the months specified above Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three-month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. Page 7of10 Permit No NC0001112 NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (5.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B (11.) Signatory Requirements • Section D. (2.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports 1. Reporting Requirements (Supersedes Section D. (2.) and Section E. (5.) (a)1 Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION- Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge Page 8of10 Permit No. NC0001112 Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports, • Pretreatment Program Annual Reports, and • Clean Water Act (CWA) Section 316(b) Annual Reports The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)] EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at https //www federal register.gov/documents/2015/10/22/2015- 24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http //deg nc.gov/about/divisions/water-resources/edmr Page 9 of 10 Permit No NC0001112 4. Signatory Requirements (Supplements Section B. (11.) (b) and Supersedes Section B. (11.) Lm All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deg.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122 22] NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED - 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 5. Records Retention (Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41] Page 10 of 10 INVISTA S.a r.l. Wilmington, NC Facility 4600 Highway 421 North Outfall 001 Latitude 34° 19'25" Longitude 77° 58' 10" to NE Cape Fear River, subbasm 30617 Outfall 002 Latitude 34° 18'36" Longitude 78° 00'47" to Cape Fear River, subbasm 30623 USGS Quad No J27SW Stream Classifications C -Swamp NOT TO SCALE