Loading...
HomeMy WebLinkAboutNC0003760_Permit (Issuance)_20100315NPDES DOCUMENT :SCANNING. COVER SHEET NPDES Permit: NC0003760 DuPont Kinston facility Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence Owner Name Change Technical Correction Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: March 15, 2010 This document on reuse paper - ignore any content on the re'rerse aide AIM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 15, 2010 James Proctor Environmental Specialist E. I. DuPont de Nemours and Company 4693 Highway 11 North Kinston, NC 28502 Subject: Issuance of Renewal NPDES Permit NPDES Permit NC0003760 DuPont Kinston Plant Class IV Lenoir County Dear Mr. Proctor: The Division held a public hearing, September 2009, to take comments on the draft permits for DuPont -Kinston (NC0003760), Clayton (NC0025453), and Johnston County (NC0030716). The central issue at the hearing was the upstream transfer of nitrogen allocations from UNIFI/ DuPont to Clayton and Johnston County. We heard other concerns about mercury. We also heard several comments relevant to our water quality programs but not directly related to the permits. The hearing officers have worked diligently to ensure that these issues are addressed appropriately, and we regret the delay in taking final action on these permits. The hearing officers recently submitted their findings and recommendations to the Director for final action, and the Director has concurred with their report. The following recommendations apply to the DuPont's permit and have been incorporated: o The Total Nitrogen limit in the permit is modified as proposed to implement nitrogen transfers among the dischargers. The new limit is effective for calendar year 2010, also as proposed. o Various technical corrections to the facility's OCPSF limits are required, which were not a matter of contention at the hearing. With the Director concurrence with the report and review by the Division, your application for renewal of the subject permit was approved. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Page 1 of 4 1617 Mail Service Center, Raleigh, North Carolina 27699-161 Z Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64951 Customer Service: 1-877-623-6748 Internet! http:l / h2o.state.nc.us l An Equal Opportunity t Affirmative Action Employer NorthCarolina Naturally Summary of Changes in Renewal Permit from Existing Permit Outfall 001: 1) Revised limits for effluent parameters. A comparison between calculated Water Quality Standards (WQS) and calculated EPA Effluent Standards from 40CFR 414 Subpart B and Subpart I (EPA-BPT) was made. The more stringent standard applied. All effluent limited parameters were impacted. Subsequent technical corrections were made prior to this final permit. 2) Removed metals (chromium, copper, lead, nickel, zinc) monitoring. Permittee petition Division that the processes meet non-metal EPA criteria, the Division concurred. Further evaluation yielded no potential to exceed WQS. 3) Removed cyanide monitoring. Permittee petition Division that the processes meet non -cyanide EPA criteria, the Division concurred. Further evaluation yielded no potential to exceed WQS. 4) Reduced TN Load Annual Limit and added Special Condition A. (7.) Total Nitrogen Allocation narrative. Per the Neuse Nutrient Trade rules TN Load was sold and the limit adjusted. The Special condition provided details. 5) Revised narrative to include updated influent description and reference to biocide changes. Treated cooling water is in the influent as well as the effluent. 6) Added acro/ein monitoring with limits. Evaluation yielded potential to exceed WQS. 7) Added a Special Condition A. (12.) PRODUCTION INCREASES. Increase production will require major modification of the permit. Details on short term requirements were defined. 8) Amended Special Condition A. (8.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY). Narrative corrected to match current version and requirements. 9) Added Special Condition A. (9.) TQTAL NITROGEN ALLOCATION. Narrative required ,to define allocation. Outfalls 002 and 003: 10) Removed limits and reduced monitoring to quarterly for metals. Based on comparison of DMR data to WQS the potential to exceed limits was determined. As a result the following effluent parameters had their limit removed and their monitoring frequency reduced to quarterly: Metals Total Cadmium Total Chromium Total Nickel Total Selenium 11) Revised total lead limit to comply with WQS. Total lead has both an acute (daily maximum) and chronic limit (monthly average maximum). 12) In Outfall 002 only, reduced total copper monitoring to quarterly. DMR data evaluation indicates no potential to exceed WQS. 13) Revised mercury limit to follow EPA guidelines. Mercury must have both a daily and monthly limit. In this case the limits are the same. 14) Revised TRC footnote. Text was revised in footnote to define compliance terms and conditions. 15) Added Total Kjeldahl Nitrogen and Nitrite/Nitrate Nitrogen monitoring and reporting. Values required to calculate Total Nitrogen, values need to be reported. Outfalls 004 and 005: 16) Added mercury monitoring with a reportable narrative. Mercury is a pollutant of concern. 17)Added Special Condition A. (16.) MONITORING SCHEDULE. Semi-annual was redefined in terms of a schedule and extended for future compliance. 18)Added Special Condition A. (19.) BENCHMARK COMPL/NACE AND TIERS. The requirements and permittee action steps were summarized. 19) Added Special Condition A. (20) MONITORING REQUIREMENTS FOR ON -SITE VEHICLE MAINTENANCE. Additional requirements for any outfall containing stormwater runoff from a vehicle maintenance area were defined. Page 2 of 4 (Continued - Outfalls 004 and 005) 20) Amended Special Conditions A. (17.) QUALITATIVE STORMWATER MONITORING and A. (18.) STORWATER POLLUTION PREVENTION PLAN (SPPP). Narratives corrected to match current versions and requirements. 21) Added definitions in footnotes for a representative stormwater event, semi-annual, and grab. For clarity definitions are listed in the footnotes. 22)Added footnotes for5O0 and total rainfall. Narratives define requirements. 23) Added conditional statement in footnotes for copper, lead, and silver to allow the permittee to discontinue monitoring. Five consecutive values less than the benchmark valu.e are required. 24) Added Total Kjeldahl Nitrogen and Nitrite/Nitrate Nitrogen monitoring with benchmark values. Values need to be reported and compared to benchmark for further action. 25)Adjusted total copper, total /ead, total silver, and total zinc benchmark values. Converted to mg/I units. Outfall 006: 26) Same items as listed under Outfalls 004 and 005. 27) Revised narrative to include updated effluent description. The coal pile stormwater runoff was identified as part of this discharge. 28) Reduced TSS benchmark. Applied new benchmark. 29) Added benckmark values for 1,1-biphenyl (180 pg/L); 2-methy/phenol (1 mg/L); 4-methylpheno/ (1 mg/L); dibenzofuran (760ug/L). Applied new benchmarks. 30)Added other compounds and benchmarks. Additional compounds and benchmark values are as follows: Compound Benchmark Aroclein Allyl alcohol 90 pg/L Carbon tetrachloride Chloroform 7 mg/L Cobalt Formaldehyde 0.5 mg/L Methylene chloride 110 mg/L Propylene glycol Tetrachloroethylene 1 mg/L 31) Added conditional statement for imposing TSS and pH limits. Based on collected data exceeding TSS and pH benchmark standards, the benchmark standards will automatically become daily limits. In order to remain aligned with the permitting schedule for Neuse River facilities, the expiration date for the DuPont permit has been changed to January 31, 2013. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 1506 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other federal or local governmental permits that may be required. Page 3of3 If you have any questions concerning this permit, please contact Ron Berry at telephone number (919) 807-6396. Si rely, Co een H. Sullins Attachments Cc: Washington Regional Office/Surface Water Protection Section (email permit and revised fact sheet) EPA Region IV/Marshall Hyatt (email permit and revised fact sheet) Stormwater Branch/Bethany Georgoulias (email) Environmental Sciences Section/Toxicology Unit/Susan Meadows (email) Mr. Haywood Phthisic Executive Officer Neuse River Compliance Association P. O. Box 1410 Clayton, NC 25425 Central Files NPDES Unit Page 4 of 4 A NC0003760 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions 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, E. I. DUPONT DE NEMOURS AND CO., INCOPORATED is hereby authorized to discharge wastewater and stormwater from a facility located at E. I. DUPONT - Kinston Facility 4693 Hwy 11 North Lenoir County to receiving waters designated as Neuse River in the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII, and VIII hereof. The permit shall become effective April 1, 2010. This permit and the authorization to discharge shall expire at midnight on January 31, 2013. Signed this day March 15, 2010. lbw ColeenH. Sullins, ire tor Division of Water Quality By Authority of the Environmental Management Commission NC0003760 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. E. I. DUPONT DE NEMOURS AND CO., INCOPORATED is hereby authorized to: 1. Continue to operate the existing 3.6 MGD wastewater treatment facility located on NC Highway 11, northeast of Kinston, in Lenoir County; and consisting of: 0 influent catch basin with "Muffin Monster" solids grinder, 0 two (2) - one million gallon retention ponds; 0 one (1) - 3.6 million gallon aeration basin with two (2) 45HP aerators and thirteen (13) 25HP floating aerators, 0 two (2) - 90 ft. diameter secondary clarifiers, 0 two (2) sludge return lift stations, 0 chlorine contact basin (no chlorination), 0 effluent flow measurement with recorder, 0 effluent composite sampler 0 six (6) sand drying beds. 2. Discharge from Outfall 001 said treatment facility treated wastewater, remediated ground water, non -contact cooling water, and stormwater runoff through an effluent diffuser into the Neuse River, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map. 3. Discharge from Outfall 002 non -contact cooling water, steam condensate, and stormwater runoff into an unnamed tributary to the Neuse River, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map. 4. Discharge from Outfall 003 non -contact cooling water, steam condensate, and stormwater runoff into Beaverdam Branch, Class C, NSW waters in the Neuse River Basin, at the location specified on the attached map. 5. Discharge from stormwater Outfall 004 stormwater runoff into an unnamed tributary to Beaverdam Branch, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map. 6. Discharge from stormwater Outfall 005 stormwater runoff into an unnamed tributary to the Neuse River, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map. 7. Discharge from stormwater Outfall 006 stormwater runoff, including coal pile stormwater runoff, into an unnamed tributary to the Neuse River, Class .C, NSW waters in the Neuse River Basin, at the location specified on the attached map. Discharge Point Outfall 003 Lat. 35° 20' 2.8" N Long. 77° 28' 51.2" W Treatment Facility Lat. 35° 19' 30" N Long. 77° 28' 13.7" W Discharge Point Outfall 002 Lat. 35° 19' 14.9" N Long. 77° 28' 49.3" W SW Outfall 006 1. DuPont Kinston NC0003760 Wastewater Treatment Plant Receiving Stream: Stream Classification: River Basin: ,Sub -Basin: /lc4 !-Utc #- 3 a 2.© 262. NC0003760 A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — OUTFALL 001 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge treated process wastewater, treated sanitary wastewater, treated cooling water, remediated groundwater, treated steam condensate, treated landfill leachate, stormwater, and non -contact cooling water from Outfall 001 subject to the effluent limitations and monitoring requirements below and in Condition A.(2.) of this permit: EFFLUENT CHARACTERISTICS ` EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily ' Maximum Measurement Frequericy Sample Type Sample Location ' Flow 3.6 MGD Continuous Recording Effluent Total Monthly Flow (TMF) 1 Monitor & Report, MG Monthly Calculated Effluent BOD, 5-day, 20°C 102.0 lb/day 271.4 lb/day Weekly Composite Effluent Total Suspended Solids (TSS) 169.6 lb/day 550.5 lb/day Weekly Composite Effluent Fecal coliform, #/ 100 ml (Geometric mean) Weekly Grab Effluent Fecal coliform, #/100 ml (Geometric mean) (June 1- September 30) 3/Week Grab Upstream & Downstream 2 Fecal coliform, #/100 ml (Geometric mean) (October 1- May 31) f Weekly • Grab Upstream & Downstream 2 pH Not more than 9.0 s.u. nor Tess than 6.0 s.u. Weekly Grab Effluent Dissolved Oxygen (DO) Not less than 2.5 mg/L at • approved sampling point Weekly Grab S1 2 Dissolved Oxygen, mg/L (DO) (June 1- September 30) 3/Week Grab Upstream & Downstream 2 Dissolved Oxygen, mg/L (DO) (October 1- May 31) WeeklyGrab Upstream & Downstream 2 Temperature, °C Weekly Grab Effluent. Temperature, °C (June 1- September 30) 3/Week Grab Upstream & Downstream 2 Temperature, °C (October 1- May 21) Weekly Grab Upstream & Downstream 2 Kjeldahl Nitrogen (TKN) 3 Monitor & Report, mg/L Weekly Composite Effluent Nitrite/Nitrate Nitrogen 3 (NO2-N + NO3-N) Monitor & Report, mg/L Weekly Composite Effluent Total Nitrogen, TN 1.3 TN = TKN + (NO2-N + NO3 N) Monitor & Report, mg/L Weekly Calculated Effluent TN Load 1 TN Load = TN x TMF x 8.34 Monitor & Report, Ibs/month Monthly Calculated Effluent 30,493 Ib/yr (effective 1/1/10) 4 Annually Calculated Effluent Total Phosphorus (TP) 2.0 mg/L (quarterly average) 5 Weekly Composite Effluent Ammonia Nitrogen, mg/L (NH3-N) Monthly Composite Effluent Chronic Toxicity 6 Quarterly Composite Effluent Part I, Page 1 of 19 NC0003760 (continued A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 001) Footnotes: 1) TN Load is the mass quantity of TN discharged in a given period of time. See Special Condition A.(5.), Calculation of Total Nitrogen Loads. 2) Sample locations: I - Influent, E - Effluent, S1 - Chlorine contact chamber or other approved location, U - Upstream, 100 yard above outfall, D - Downstream, 1 mile below outfall. 3) For a given wastewater sample, TN = TKN + (NO3-N + NO2-N), where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and (NO3-N + NO2-N) are Nitrate and Nitrite Nitrogen, respectively. 4) Compliance with this limit shall be determined in accordance with Special Condition A.(6.) of this permit, Annual Limits for Total Nitrogen. , 5) The quarterly average for total phosphorus shall be the average of composite samples collected weekly during the calendar quarter (January -March, April June, July -September, October -December). 6) Chronic Toxicity (Ceriodaphnia) P/F at 1.9%; January, April, July, and October; see Condition A.(8.), Chronic Toxicity Permit Limit. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no addition of chromium, zinc, or copper to the cooling water systems except as components of pre -approved biocidal compounds. See Condition A.(9.). Part 1, Page 2 of 19 1 NC0003760 A.(2.) ADDITIONAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 001 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge treated process wastewater, treated sanitary wastewater, treated cooling water, remediated groundwater, and non -contact cooling water from Outfall 001 subject to the effluent limitations and monitoring requirements below and in Condition A.(1.) of this permit: Parameter EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average (Ibs/day) Daily Maximum (Ibs/day) Daily Maximum (ug/L) Measurdment Frequency (2) Sample Type Sample ' Location (1) Bis(2-ethylhexyl) phthalate 0.44 1.18 Quarterly Grab E Methyl Chloride 0.36 0.80 Quarterly Grab E Acenaphthene 0.09 0.25 Annually Grab E Acenaphthylene 0.09 0.25 Annually Grab E Acrylonitrile 1.02 Annually Grab E Anthracene U0 0.08 0.25 Annually Grab E Benzene t716 0.58 Annually Grab E Carbon Tetrachloride 0.08 0.16 Annually Grab E Chlorobenzene 0.06 0.12 Annually Grab E Chloroethane 0.44 1.13 , Annually Grab E Chloroform 0.09 0.20 Annually Grab E 2-Chlorophenol 0.13 0.41 Annually Grab E Di-n-butyl phthalate 0.11 0.24 Annually Grab E 1,2-Dichlorobenzene 0.33 0.69 Annually Grab E 1,3-Dichlorobenzene 0.13 0.19 Annually Grab E 1,4-Dichlorobenzene 0.06 0.12 Annually Grab E 1,1-Dichloroethane 0.09 0.25 Annually Grab E 1,2-Dichloroethane 0.29 0.89 Annually Grab E 1,1-Dichloroethylene 0.07 0.11 Annually Grab E 1,2-trans-Dichloroethylene 0.09 0.23 Annually Grab E 2,4-Dichlorophenol 0.17 0.47 Annually Grab E 1,2-Dichloropropane 0.65 0.97 Annually Grab E 1,3-Dichloropropylene 0.12 0.19 Annually Grab E Diethyl phthalate 0.34 0.86 Annually Grab E 2,4-Dimethylphenol 0.08 0.15 Annually Grab E Dimethyl phthalate 0.08 0.20 Annually Grab E 4,6-Dinitro-o-cresol 0.33 1.17 Annually Grab E 2,4-Dinitrophenol 0.30 0.52 Annually Grab E 2,4-Dinitrotoluene 0.48 1.21 Annually Grab E 2,6-Dinitrotoluene 1.08 2.71 Annually Grab E Ethylbenzene 0.14 0.46 Annually Grab E Fluoranthene 0.11 0.29 Annually Grab E Fluorene �0.02 0.25 Annually Grab E Hexachlorobenzene 0.12 Annually Grab E Hexachlorobutadiene 10:09 0.21 V Annually Grab E Hexachloroethane 0.09 0.23 Annually Grab E Methylene Chloride 0.17 0.38 Annually Grab E Naphthalene 0.09 0.25 Annually Grab E Nitrobenzene 0.11 0.29 Annually Grab E 2-Nitrophenol 0.17 0.29 Annually Grab E •4-Nitrophenol 0.30 0.52 • Annually Grab E Part I, Page 3 of 19 NC0003760 Parameter EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average (Ibs/day) Daily Maximum (Ibs/day) Daily Maximum (ug/L) Measurement Frequency (2) Sample Type Sample Location (1) Phenanthrene 0.09 0.25 Annually Grab E Phenol 0.06 0.11 Annually Grab E Pyrene 0.11 0.28 Annually Grab E Tetrachloroethylene 0.09 0.24 Annually Grab E Toluene . 0.11 0.34 . Annually Grab • E '1,2,4-Trichlorobenzene 0.29 0.59 Annually Grab E 1,1,1-Trichloroethane 0.09 0.23 Annually Grab E 1,1,2-Trichloroethane 0.09 0.23 Annually Grab E Trichloroethylene 0.09 0.23 Annually Grab E Vinyl Chloride 0.44 1.13 Annually Grab E Total PAHs (2) 0.2513) 8.41 (3) Annually Calculated E Benzo(a)anthracene 0.09 0.25 Annually Grab E 3,4-Benzofluoranthene (4) 0.10 0.26 Annually Grab E Benzo(k)fluoranthene 0.09 0.25 Annually Grab E Benzo(a)pyrene 0.10 .0.26 Annually Grab E - Chrysene 0.09 0.25 Annually Grab E Dibenz(a,h)anthracene Annually Grab E Indeno(1,2,3-ed)pyrene Annually Grab E Acrolein 3.80 I 126.6 Quarterly Grab E Footnotes: 1) Sample location: E - Effluent. 2) In the event that the analysis for any of these parameters equals or exceeds its Practical Quantitation Limit, the monitoring frequency for that parameter shall immediately increase to once per quarter. When 12 consecutive quarterly samples using appropriate laboratory methods do not detect the parameter, the monitoring frequency for that parameter shall immediately return to once per year. Also see Footnote (3). 3) Total PAHs are comprised of Benzo(a)anthracene, Benzo(a)pyrene, 3,4-Benzofluoranthene, Benzo(k)fluoranthene, Chrysene, Dibenz(a,h)anthracene, and Indeno(1,2,3-ed)pyrene. The sum of concentrations of these parameters shall not exceed the stated Total PAH limit. In the event that the monitoring frequency for any of these parameters changes per Footnote (2), the change shall apply to all of the Total PAH parameters. 4) 3,4-Benzofluoranthene is also listed as Benzo(b)fluoranthene. Part I, Page 4 of 19 t NC0003760 A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — OUTFALL 002 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge non -contact cooling water, steam condensate, and stormwater runoff from Outfall 002 subject to the following effluent limitations and monitoring requirements: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location . Flow, MGD Monthly Instantaneous Effluent pH Not greater than 9.0 s.u. nor less than 6.0 s.u. Weekly Grab Effluent Temperature, °C See Footnote 1 Monthly Grab Effluent Total Residual Chlorine (TRC) 17 pg/L 2 Monthly Grab Effluent Total Lead 25 pg/L 33.8 pg/L Monthly Composite Effluent Total Mercury (Method 1631 E) 0.012 pg/L 0.012 pg/L Monthly Composite Effluent Total Silver, pg/L Monthly Composite Effluent Total Zinc, pg/L Monthly Composite Effluent Total Cadmium, µg/L Quarterly Composite Effluent Total Chromium, pg/L Quarterly Composite Effluent Total Copper, pg/L. Quarterly Composite Effluent Total Nickel, pg/L Quarterly Composite Effluent Total Selenium, pg/L Quarterly Composite Effluent Total Kjeldahl Nitrogen (TKN) Monitor & Report, mg/L Quarterly Composite Effluent Nitrite/Nitrate Nitrogen (NO2-N + NO3-N) Monitor & Report, mg/L Quarterly Composite Effluent Total Nitrogen (TN) TN = TKN + (NO2-N + NO3-N) Monitor & Report, mg/L Quarterly Calculated Effluent Total Phosphorus (TP) 2.0 mg/L (quarterly average) 3 Quarterly Composite Effluent Footnotes: 1) The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more than 2.8 °C nor at any time cause the ambient water temperature to exceed 32 °C. 2) Total Residual Chlorine compliance is required for chlorine or chlorine derivative used for disinfection. The Division shall consider all effluent TRC values reported below 50 ug/I to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/L. 3) The quarterly average for total phosphorus shall be the average of composite samples collected during the calendar quarter (January -March, April June, July -September, October -December). There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no addition of chromium, zinc, or copper to the cooling water systems except as components of pre -approved biocidal compounds. See Condition A.(9.). Part I, Page 5 of 19 NC0003760 A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 003 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge non -contact cooling water, steam condensate, and stormwater from Outfall 003 subject to the following effluent limitations and monitoring requirements: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow, MGD , Monthly Instantaneous.. Effluent pH Not greater than 9.0 S.U. nor less than 6.0 s.u. Weekly Grab Effluent Temperature, °C See Footnote 1 Monthly Grab Effluent Total Residual Chlorine (TRC) 17 pg/L 2 Monthly Grab Effluent Total Lead 25 pg/L 33.8 pg/L Monthly Composite Effluent Total Mercury (Method 1631 E) 0.012 pg/L 0.012 pg/L Monthly Composite Effluent Total Copper, pg/L Monthly Composite Effluent Total Silver, µg/L Monthly Composite Effluent Total Zinc, pg/L Monthly Composite Effluent Total Cadmium, pg/L Quarterly Composite Effluent Total Chromium, pg/L Quarterly Composite Effluent Total Nickel, pg/L Quarterly Composite Effluent Total Selenium, pg/L Quarterly Composite Effluent Total Kjeldahl Nitrogen (TKN) Monitor & Report, mg/L Quarterly Composite Effluent :Nitrite/Nitrate Nitrogen (NO2-N + NO3-N) Monitor & Report, mg/L Quarterly Composite Effluent Total Nitrogen (TN) TN = TKN + (NO2-N + NO3-N) Monitor & Report, mg/L ' Quarterly Calculated Effluent Total Phosphorus (TP) 2.0 mg/L (quarterly average) 3 Quarterly Composite Effluent Footnotes: 1) The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more than 2.8 °C nor at any time cause the ambient water temperature to exceed 32 °C. 2) Total Residual Chlorine compliance is required for chlorine or chlorine derivative used for disinfection. The Division shall consider all effluent TRC values reported below 50 ug/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/L. 3) The quarterly average for total phosphorus shall be the average of composite samples collected during the calendar quarter (January -March, April June, July -September, October -December). There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no addition of chromium, zinc, or copper to the cooling water systems except as components of pre -approved biocidal compounds. See Condition A.(9.). Part I, Page 6 of 19 NC0003760 A.(5.) CALCULATION OF TOTAL NITROGEN LOADS (a.) The Permittee shall calculate monthly and annual TN Loads as follows: (i.) Monthly TN Load (Ib/mo) = TN x TMF x 8.34 where: TN = the average Total Nitrogen concentration (mg/L) of the composite samples collected during the month TMF = the Total Monthly Flow of wastewater discharged during the month (MG/mo) 8.34 = conversion factor, from (mg/L x MG) to pounds (ii.) Annual TN Load (Ib/yr) = Sum of the 12 Monthly TN Loads for the calendar year (b.) The Permittee shall report monthly Total Nitrogen results (mg/L and Ib/mo) in the discharge monitoring report for that month and shall report each year's annual results (lb/yr) in the December report for that year. A.(6.) ANNUAL LIMITS FOR TOTAL NITROGEN (a.) Total Nitrogen (TN) allocations and TN Load limits for NPDES dischargers in the Neuse River basin are annual limits and are applied for the calendar year. (b.) For any given calendar year, the Permittee shall be in compliance with the annual TN Load limit in this Permit if: (i.) the Permittee's annual TN Load is less than or equal to said limit, or (ii.) the Permittee is a Co-Permittee Member of a compliance association. (c.) The TN Load limit in this Permit (if any) may be modified as the result of al4owable changes in the Permittee's TN allocation. (i.) Allowable changes include those resulting from purchase of TN allocation from the Wetlands Restoration Fund; purchase, sale, trade, or lease of allocation between the Permittee and other dischargers; regionalization; and other transactions approved by the Division. (ii.) The Permittee may request a modification of the TN Load limit in this Permit to reflect allowable changes in its TN allocation. Upon receipt of timely and proper application, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. (iii.) Changes in TN limits become effective on January 1 of the year following permit modification. The Division must receive application no later than August 31 for changes proposed for the following calendar year. (iv.) Application shall be sent to: NCDWQ / NPDES Unit Attn: Neuse River Basin Coordinator Mail Service Center Raleigh, NC . 27699-1617 (d.) If the Permittee is a member and co-permittee of an approved compliance association, its TN discharge during that year is governed by that association's group NPDES permit and the TN limits therein. (i.) The Permittee shall be considered a Co-Permittee Member for any given calendar year in which it is identified as such in Appendix A of the association's group NPDES permit. (ii.) Association roster(s) and members' TN allocations will be updated annually and in accordance with state and federal program requirements. (iii.) If the Permittee intends to join or leave a compliance association, the Division must be notified of the proposed action in accordance with the procedures defined in the association's NPDES permit. f Part I, Page 7 of 19 NC0003760 (Continued A. (6.) ANNUAL LIMITS FOR TOTAL NITROGEN) (A) Upon receipt of timely and proper notification, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. (B) Membership changes in a compliance association become effective on January 1 of the year following modification of the association's permit. (e.) The TN monitoring and reporting requirements in this Permit remain in effect until expiration of this Permit and are not affected by the Permittee's membership in a compliance association. A.(7.) TOTAL NITROGEN ALLOCATIONS a. The following table lists the Total Nitrogen (TN) allocation(s) assigned to, acquired by, or transferred to the Permittee in accordance with the Neuse River nutrient management rule (T15A NCAC 02B .0234) and the status of each as of permit issuance. For compliance purposes, this table does not supersede any TN limit(s) established elsewhere in this permit or in the NPDES permit of a compliance association of which the Permittee is a Co-Permittee Member. ALLOCATION TYPE SOURCE DATE ALLOCATION AMOUNT I1) STATUS Estuary (Ib/yr) Discharge (Ib/yr) Base Assigned by Rule (T15A NCAC 02B .0234) 12/7/97; 4/1/03 24,635 35,193 Active Decremental Sold to Town of Clayton, NC0025453 8/30/2007 -1,645 -2,350 Deducted Decremental Sold to Johnston County, NC0030716 12/21/2007 -1,645 -2,350 Deducted TOTAL 21,345 30,493 Active ootnote: (1) Transport Factor = 70% b. Any addition, deletion, or modification of the listed allocation(s) (other than to correct typographical errors) or any change in status of any of the listed allocations shall be considered a major modification of this permit and shall be subject to the public review process afforded such modifications under state and federal rules. Part I, Page 8 of 19 NC0003760 A.(8.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.9%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge,below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B, for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental 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, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. 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 Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR and all AT Forms submitted. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, 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. Part 1, Page 9 of 19 NC0003760 A.(9.) BIOCIDES The Permittee shall not use any biocides in its cooling systems except those approved by the Division of Water Quality in conjunction with the permit application. The Permittee shall notify the Director in writing not later than ninety (90) days prior to planned use of any additional biocide which may be toxic to aquatic life, other than those previously reported to the Division. Such notification shall include submittal of a completed Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. A.(10.) INSTREAM MONITORING Instream monitoring requirements in this NPDES permit shall be provisionally waived so long as the Permittee remains a member of the Lower Neuge Basin Association and the Association continues to function as approved by the Division and the Environmental Management Commission. If the Permittee does not participate in the Association or if the Association ceases to function, the instream monitoring requirements in this permit become effective immediately; and the Division may reopen this permit by administrative letter to establish additional instream monitoring requirements it deems necessary to adequately characterize the effects of the discharges on water quality in the receiving stream. A.(11.) NON -DETECTION REPORTING AND DETERMINATION OF COMPLIANCE When pursuant to this permit a pollutant analysis is conducted using an approved analytical protocol with the appropriate minimum detection level and a result of "non -detectable" or "below quantitation limit" is obtained, the Permittee shall record that result as reported. For the purpose of determining compliance with a permit limit for the pollutant, the numerical value of that individual analytical result shall be zero. A.(12.) PRODUCTION MODIFICATIONS Should the facility's idle production become active, or if new production is added, and/or is resold during the permit cycle, the permittee must submit to the Division: 1. proposed process description with impacts to each outfall 2. projected complete plant water balance schematic with impact to each outfall 3. projected production information. The required information must be provided 180 days prior to the production changes;: A permit modification application is required for any production changes to allow evaluation and calculation of.. modified permit limits. During the next scheduled permit renewal the permittee is to include actual., production data based on EPA guidelines. Part I, Page 10 of 19 NC0003760 A.(13.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 004 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge stormwater from Outfall 004 subject to the following monitoring requirements, and requirements in Special Condition A.(19.) Benchmark Compliance and Tiers, for each reported representative stormwater event 1 at stormwater discharge outfall (SDO). Discharge Characteristics Measurement Frequency 2 Sample Type Sample s Location Benchmark Value Total Suspended Solids (TSS) . Semi-annual , Grab SDO , 100 mg/L pH Semi-annual Grab SDO Not less than 6.0 s.u. nor greater than 9.0 s.u. Biological Oxygen Demand (BOD5) Semi-annual Grab SDO 30 mg/L Chemical Oxygen Demand (COD) Semi-annual Grab SDO 120 mg/L Oil & Grease Semi-annual Grab SDO 30 mg/L Total Copper 5 Semi-annual Grab SDO 0.007 mg/L Total Lead 5 Semi-annual Grab SDO 0.03 mg/L Total Silver 5 Semi-annual Grab SDO 0.001 mg/L Total Zinc Semi-annual Grab SDO 0.067 mg/L Mercury (Method 1631 E) Semi-annual Grab SDO See footnote 6 Total Kjeldahl Nitrogen (TKN) Semi-annual Grab SDO 20 mg/L , Nitrite and Nitrate Nitrigen (NO2-N + NO3-N) Semi-annual Grab SDO 10 mg/L Total Nitrogen (TN) TN = TKN + (NO2-N + NO3-N) Semi-annual Calculated 30 mg/L Total Phosphorus (TP) Semi-annual Grab SDO 2 mg/L Total Rainfall, inches' Semi-annual Rain gauge Footnotes: 1. A representative stormwater event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 2. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. 3. Grab samples shall be collected within the first 30 minutes of flow at the SDO. 4. Sample shall be collected at the SDO unless representative sample status has been granted. 5. Monitoring may be discontinued for the remainder of this permit if the first consecutive 5 sampling results are less than the benchmark value. 6. Any mercury values above 0.012 pg/L shall be reported on the Annual Summary Data Monitoring Report. 7. The Total Rainfall shall be recorded for the reported representative stormwater event and include the total precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge shall be used to provide the required reading. Part I, Page 11 of 19 NC0003760 A.(14.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 005 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge stormwater from Outfall 005 subject to the following monitoring requirements, and requirements in Special Condition A.(19.) Benchmark Compliance and Tiers, for each reported representative stormwater event I at stormwater discharge outfall (SDO). Discharge Characteristics Measurement Frequency Sample Type Sample 4 Location Benchmark Value Total Suspended Solids (TSS) Semi-annual Grab SDO 1U0 mg/L pH Semi-annual Grab SDO Not less than 6.0 s.u. nor greater than 9.0 s.u. Biological Oxygen Demand (BOD5) Semi-annual Grab SDO 30 mg/L Chemical Oxygen Demand (COD) Semi-annual Grab SDO 120 mg/L Oil & Grease Semi-annual Grab SDO 30 mg/L Total Copper 5 Semi-annual Grab SDO 0.007 mg/L Total Leads Semi-annual Grab SDO 0.03 mg/L Total Silver S Semi-annual Grab SDO 0.001 mg/L Total Zinc Semi-annual Grab SDO 0.067 mg/L Mercury (Method 1631 E) Semi-annual Grab SDO See footnote 6 Total Kjeldahl Nitrogen (TKN) Semi-annual, Grab SDO .20 mg/L Nitrite and Nitrate Nitrigen (NO2-N + NO3-N) Semi-annual Grab SDO 1 10 mg/L Total Nitrogen (TN) TN = TKN + (NO2-N + NO3-N) Semi-annual Calculated 30 mg/L Total Phosphorus (TP) Semi-annual Grab SDO 2 mg/L Total Rainfall, inches' Semi-annual Rain gauge Footnotes: 1. A representative stormwater event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 2. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. 3. Grab samples shall be collected within the first 30 minutes of flow at the SDO. 4. Sample shall be collected at the SDO unless representative sample status has been granted. 5. Monitoring may be discontinued for the remainder of this permit if the first consecutive 5 sampling results are less than the benchmark value. 6. Any mercury values above 0.012 pg/L shall be reported on the Annual Summary Data Monitoring Report. 7. The Total Rainfall shall be recorded for the reported representative stormwater event and include the total precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge shall be used to provide the required reading. Part I, Page 12 of 19 NC0003760 v A.(15.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 006 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge stormwater, which includes coal pile stormwater runoff, from Outfall 006 subject to the following monitoring requirements, and requirements in Special Condition A.(19.) Benchmark Compliance and Tiers, for each reported representative stormwater event 1 at stormwater discharge outfall (SDO). Dischar a Characteristics g / 'Dibenzofuran' Measurement Sample Type 3 Sample Location 4 Benchmark Value Effluent Limit Daily Max Total Suspended Solids (TSS) Semi-annual Grab SDO . 50 mg/L See footnote 5 pH Semi-annual Grab SDO Not less than 6.0 s.u. nor greater than 9.0 s.u. See footnote 6 Biological Oxygen Demand (BOD5) Semi-annual Grab SDO 30 mg/L Chemical Oxygen Demand (COD) Semi-annual Grab SDO 120 mg/L Oil & Grease Semi-annual Grab SDO 30 mg/L . Total Copper' Semi-annual Grab SDO 0.007 mg/L Total Lead' Semi-annual Grab SDO 0.03 mg/L Total Silver' Semi-annual Grab SDO 0.001 mg/L Total Zinc Semi-annual Grab SDO 0.067 mg/L Mercury (Method 1631 E) Semi-annual Grab SDO See footnote 8 Total Kjeldahl Nitrogen (TKN) Semi-annual Grab SDO 20 mg/L Nitrite and Nitrate Nitrigen (NO2-N + NO3-N) Semi-annual Grab SDO 10 mg/L Total Nitrogen (TN) TN = TKN + (NO2-N + NO3-N) Semi-annual Calculated 30 mg/L Total Phosphorus (TP) • Semi-annual Grab SDO 2 mg/L Aroclein Semi-annual Grab SDO Allvl Alcohol Semi-annual Grab SDO 90 pg/L 1,1-biphenyl Semi-annual Grab SDO 180 pg/L Carbon Tetrachloride Semi-annual Grab SDO Chloroform Semi-annual Grab SDO 7 mg/L Cobalt Semi-annual Grab SDO Semi-annual Grab SDO 760 pg/L Formaldehyde Semi-annual Grab SDO 0.5 mg/L Methylene Chloride Semi-annual Grab SDO 110 mg/L 2-methylphenol Semi-annual Grab SDO 1 mg/L 4-methylphenol Semi-annual Grab SDO 1 mg/L Propylene Glycol Semi-annual Grab SDO Tetrachloroethylene Semi-annual Grab SDO 1 mg/L Total Rainfall, inches 9 Semi-annual Rain gauge 7 !0 0 C0 0 J Footnotes: 1. A representative stormwater event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 2. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. 3. Grab samples shall be collected within the first 30 minutes of flow at the SDO. • 4. Sample shall be collected at the SDO unless representative sample status has been granted. Part I, Page 13 of 19 NC0003760 (Continued A.(15.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 006) 5. if two consecutive samples of Total Suspended Solids (TSS) exceed the benchmark value, the exceeded benchmark values immediately become effluent limits for the remainder of the permit (in addition to Tier 2 monthly sampling). However, if the facility is designed, constructed, and operated to treat the volume of coal pile runoff that is associated with a 10-year, 24-hour rainfall event, any untreated overflow of coal pile runoff from the treatment unit is notsubjectto the effluent limitation for TSS. 6. If two consecutive samples of pH exceed the maximum / minimum benchmark values, the exceeded benchmark values become effluent limits for the remainder of the permit (in addition to Tier 2 monthly sampling). 7. Monitoring may be discontinued for the remainder of this permit if the first con&ecutive 5 sampling result's are less than the benchmark value. 8. Any mercury values above 0.012 pg/L shall be reported on the Annual Summary Data Monitoring Report. 9. The Total Rainfall shall be recorded for the reported representative stormwater event and include the total precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge shall be used to provide the required reading. A.(16.) MONITORING SCHEDULE A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below: Monitoring period 1.2 Sample Number Start End t Year 1- Period 1 1 October 1, 2009 December 31, 2009 Year 2 - Period 1 2 January 1, 2010 June 30, 2010 Year 2 - Period 2 3 July 1, 2010 December 31, 2010 Year 3 - Period 1 4 January 1, 2010 June 30, 2011 Year 3 - Period 2 5 July 1, 2011 December 31, 2011 Year 4 - Period 1 6 January 1, 2011 June 30, 2012 Year 4 - Period 2 7 July 1, 2012 December 31, 2012 Continue to next scheduled permit renewal Year 5 - Period 1 8 January 1, 2012 June 30, 2013 Year 5 - Period 2 9 July 1, 2013 December 31, 2013 Year 6 - Period 1 10 January 1, 2013 July 31, 2014 Footnotes: 1. The permittee shall maintain semi-annual monitoring until directed otherwise through subsequent renewed permit or required by SPPP. 2. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Part I, Page 14 of 19 NC0003760 A.(17.) QUALITATIVE STORMWATER MONITORING Qualitative monitoring, a visual inspection of Outfalls 004, 005, 006 stormwater events, shall be performed as specified during any monitoring stormwater event at stormwater discharge outfall (SDO). Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation shall be maintained with the SPPP. Discharge Characteristics Frequency 1 Monitoring Location Color Semi-annually SDO Odor Semi-annually SDO Clarity Semi-annually SDO Floating Solids Semi-annually SDO Suspended Solids Semi-annually SDO Foam Semi-annually SDO Oil Sheen Semi-annually SDO Erosion in the outfall vicinity Semi-annually SDO Sedimentation in the outfall vicinity Semi-annually SDO Trash or other obvious indicators of stormwater pollution Semi -Annually SDO Footnotes: 1. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. A.(18.) STORMWATER POLLUTION PREVENTION PLAN (SPPP) The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part V, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. Part I, Page 15 of 19 NC0003760 (Continued A.(18.) STORMWATER POLLUTION PREVENTION PLAN (SPPP) 1. Site Plan) c. A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. • d. A list of significant spills •or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part V, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas_ of potential contamination. b. Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. c. BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. • A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of • Part I, Page 16 of 19 NC0003760 (Continued A.(18.) STORMWATER POLLUTION PREVENTION PLAN (SPPP) 3. Spill Prevention and Response Plan) materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge dutfalls, all on -site and d djacent surface waters and wttlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and. position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface. waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. 8. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 9. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part I of this permit. 10. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. Part I, Page 17 of 19 NC0003760 A.(19.) BENCHMARK COMPLIANCE AND TIERS The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values. Unless stated otherwise the benchmark values are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). When a benchmark value is exceeded it requires the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in the Tier One and Tier Two program. Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the sample results exceeding the benchmark value. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the sample date, the sample value that exceeds its benchmark, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall: . 1. Repeat alI the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters (except mercury) at every outfall where a sampling result exceeded the benchmark value for two consecutive, samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Tier Two (Special) If: During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, Then: The permittee shall: 1. Notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth results. 2. DWQ may but is not limited to require the permittee to: p revise, increase, or decrease the monitoring frequency for the remainder of the permit; 9 install structural stormwater controls; p implement other stormwater control measures; or p implement site modifications to qualify for the No Exposure Exclusion. If a Total Maximum Daily Load (TMDL) for mercury is approved for this segment of the Neuse River, the permittee may be required to monitor mercury more frequently. The Division will evaluate the monitoring results to determine whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If the Division determines additional BMPs are needed, the permittee will be notified and required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part I, Page 18 of 19 NC0003760 A.(20.) MONITORING REQUIREMENTS FOR ON -SITE VEHICLE MAINTENANCE Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month, averaged over the calendar year, shall monitoring as specified additional discharge characteristics in any stormwater outfall that contains a vehicle maintenance area stormwater runoff. All monitoring shall be performed during a representative storm event 1 at storm water outfall (SDO) and shall meet requirements in Special Condition A.(19.) Benchmark Compliance and Tiers, Discharge Characteristics Measurement . Frequency 2 Sample Type 3 Benchmark Value Sample Location 4 Total Petroleum Hydrocarbons (TPH) semi-annual Grab 15 mg/L SDO New Motor Oil Usage, gallons /month semi-annual Estimate Footenote: 1. A representative stormwater event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 2. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. 3. Grab samples shall be collected within the first 30 minutes of flow at the SDO. If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 4. Sample Location: Samples shall be collected at each stormwater discharge outfall.. (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. Part I, Page 19 of 19 NPDESrPermit Fact Sheet.- 03/05/10 Page 1of11 NC0003760 NCDENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT E.I. DuPont de Nemours (Formerly UNIFI) NC0003760 REVISED: 3/5/10 Facility Information Applicant/Facility Name: E.I. DuPont - Kinston I Applicant Address: P. O. Box 800; Kinston, NC 28502-0800 Facility Address: 4693 Highway 11 North; Kinston, NC 38501 Type of Waste: Industrial treated wastewater (See outfall description) Facility/Permit Status: Class IV - Biological/Active; Renewal County: Lenoir County Receiving Stream: Neuse River Stream Classification: C, NSW Subbasin: 03-04-05 Index No. 27-(75.7) Drainage Area (mi2): 2,552 303(d) Listed? Yes (TMDL completed) Summer 7Q10 (cfs) 283.1 Regional Office: Washington F29SW Grifton, NC Winter 7Q10 (cfs): 291.6 State Grid / USGS Quad: 30Q2 (cfs) - Permit Writers: Ron Berry/Bethany Georgoulias 8/13/09 Average Flow (cfs): 1,514 Date: Outfall 1: Treated process wastewater, treated sanitary wastewater, treated landfill leachate, treated steam condensate, remediation ground water, non -contact cooling water, treated coolin water, storm water* Receiving Stream: Neuse River Stream Classification: C, NSW Permitted Flow 3.6 MGD IWC (%): 1.9% Outfall 2: Non -contact cooling water, steam condensate, storm water* Receiving Stream: UT to Neuse River Stream Classification: C, NSW (no stream flow) Outfall 3: Non -contact cooling water, steam condensate, storm water* Receiving Stream: UT to Neuse River Stream Classification: C, NSW (no stream flow) i. Outfall 4, Outfall 5, Outfall 6: Storm water* Receiving Stream: UT to Neuse River Stream Classification: C, NSW (no stream flow) * Bethany Georgoulias reviewed and provided details to meet stormwater requirements Summary This facility was formerly owned by E. I. DuPont, then subleased by UNIFI, and then recently transferred back to E. I. DuPont for resale. The plant is currently up for sale, in the interim the polyester bulk resin pellet production lines are being operated by E. I. DuPont. The facility yarn and fiber production has been idle for several years. UNIFI submitted a permit application in December 2007, but the plant ownership has subsequently been transferred. The facility current owner, E. I. DuPont, has submitted an amended renewal application and other support data. A major permit modification was approved in September 2006 to accommodate storm water compliance, including relocating Outfall 2 and adding outfalls 004 and 006. Steam condensate was added to the waste stream description for Outfall 001. The leachate stream from the landfills (ash NPDES Permit Fact Sheet - 03/05/10 Page 2 of 12 NC0003760 and others) was permitted as an approved influent to the WWTP. Outfall 001 contains the treated effluent. The EPA issued a NOI letter August 14, 2008 for violations of: 1. September 2007 - Methyl, chloride monthly, average 2. September 2007 - Bis (2-ethlhexyl) Phthalate, monthly average 3. June 2006 - Total cadmium, daily max 4. April 2005; January, April, and October, 2006; June -September and December 2007 - 'rota) mercury, daily max 5. July 2005 and April June 2005 -Total lead, reporting. The EPA issued a NOI letter December 22, 2008 for violations of: 1. January, February, May, and June 2008 - Mercury, daily max. An Administrator Order was issued by EPA April 21, 2009. History The original plant began operation in 1952 and was equipped with 12 production lines. A new production line was added in 2006. Historically, process wastewaters have included those from polymerization, spinning, drawing, and finishing process, including wastewater from the on -site power facility and contact cooling water. These process wastewaters (Outfall 001) have been subject to federal effluent guidelines for the OCPSF category under 40 CFR Part 414: Subpart C, Other Fibers; Subpart D, Thermoplastic Resins; and Subpart I, Direct Discharge Point Sources That Use End -of -Pipe Biological Treatment; and 40 CFR 133.102. Outfalls 002 and 003 consist of non -contact cooling water, steam condensate, and storm water runoff. Outfalls 004, 005, and 006 consist of storm water runoff. Outfall 006 also contains the stormwater run off from the coal pile. The portion of the permit specifically covered by storm water standards was reviewed by the DWQ Storm Water Unit. Any changes or additional requirements as a result of storm water activities were implemented and approved by the Storm Water Unit. PERMITTING STRATEGY FOR PROCESS WASTEWATER Prepared by Ron Berry, DWQ NPDES Permitting Unit, July 31, 2009 REVISED 2/25/10 Since DWQ cannot develop a reasonable measure of actual production based on long-term data (as required by 40 CFR 122.45(b)(2), the Division will develop limits based on projected production for the bulk pellet operation which exceeds 5 million pounds annually. In this case only Subpart D, Thermoplastic Resins and Subpart 1, Direct Discharge Point Sources That Use End -Of -Pipe Biological Treatment will be applied. DMR data and PPA data was used for this permit evaluation. DuPont advised the Division that the processes at the Kinston facility met the Federal criteria in CFR 424 Appendix A and B for non-metal and non -cyanide. Per Division policy the available metal and cyanide data was evaluated in a reasonable potential analysis against WQS limits. The other Subpart I BPT-based limits were compared to the defined North Carolina WQS-based limits, and the more stringent limits applied. The POTW standard 133.102 was applied for the sanitary waste portion. The renewal application listed flow values of 1.33 MGD, 0.518 MGD, 0.173 MGD for Outfalls 001, 002, 003 respectively. A review of the flow data from 2004 to the present for Outfall 001 has shown a significant decrease in flow to a lower flow as expected with the reduction in production, averaging a consistent flow of 0.566 MGD for the last 28 months. Outfall 002 mean average flow is 0.023 MGD and Outfall 003 mean average flow is 0.0021 MGD. Based on information from the permittee 90% of Outfall 001 discharge is the effluent from the WWTP and will be used to calculate the process NPDES,Permit Fact Sheet - 03/05/10 Page 3 of 12 NC0003760 wastewater flow. The permittee provided a factor to calculate the sanitary waste flow to the WWTP, 20 gal/person/day with 75 people on site. Based on previous permit information a factor of 0.0003 MGD was assigned for the other sources of waste water in the WWTP influent. Outfall 001: (1) Treated wastewater flow: 0.566 MGD,( 2 production lines) x 90% = 0.509 MGD (2) Sanitary waste flow: 20 gal/person/day x 75 people = 0.002 MGD Sanitary waste flow dilution factor meets criteria for assigning fecal coliform monitoring without limits (3) Production wastewater flow: 0.509 MGD - 0.002 MGD - 0.0003 MGD = 0.507 MGD Table I: Waste Water Balance Outfall 001 Total discharged Bulk Pellet Production Non -contact cooling water Sanitary Other (Leachate. ground water Remediation, Other)) (4) 40 CFR 414.40 Subpart D calculation: Daily Maximum mq/I Lbs/day BOD 64- 270.6 TSS (")30� 549.7 0.566 MGD 0.507 MGD (treated) 0.057 MGD 0.002 MGD (treated) 0.0003 MGD (treated) Monthly Average mg/I Lbs/day 24 101.5 40 169.1 Calculation Example: 0.507 MGD x 8.34 Lbs-I/mg-MG x 64 mg/I = 270.6 Lbs/day (5) 40 CFR 133.102 (POTW Standards) calculation: BOD TSS Daily Maximum mq/I Lbs/day 45 0.8 45 0.8 Monthly Average mg/I Lbs/day 30 0.5 30 0.5 Calculation Example: 0.002 MGD x 8.34 Lbs-I/mg-MG x 45 mg/I = 0.8 Lbs/day (6) Outfall 001 WWTP Effluent Limits calculation: Daily Maximum Monthly Average Lbs/day Lbs/day BOD 271.4 102.0 TSS 550.5 169.6 Calculation example: 270.6 Lbs/day + 0.8 Lbs/day = 271.4 Lbs/day (7) 40 CFR 414.40 Subpart I calculation: All parameters limits were impacted as the result of the lower process water flow (See Table I). A comparison between Subpart / BPT limits and water quality standard (WQS) limits were made to determine the more stringent. See Appendix A. A reasonable potential analysis (RPA) was performed on the metals and cyanide using WQS limits. No potential was shown for metals and cyanide to exceed WQS limits so no limits or monitoring were required. In future renewals the Priority Pollutant Analysis will provide metal and cyanide data. NPDES Permit Fact Sheet - 03/05/10 Page 4 of 12 •{ NC0003760 The reported data for Bis(2-ethy/hexyl) phthalate and Methyl Chloride exceeded the Subpart / BPT limits so the quarterly monitoring frequency was continued. The reported data for Di-n buthyl phthalate did not exceed the Subpart I BPT limits so its monitoring frequency was reduced to annually. See Appendix A. The Total PAH limit was a WQS chronic limit and was applied as a mass -based monthly average limit. To meet EPA requirements a Total PAH concentration -based limit equivalent to the mass -based monthly averaged was also applied. In addition, five of the seven parameters that comprise the Total PAH list of parameters were listed in Subpart / and were also subject to BPT limits. See examples and attached spread sheet AppendixAfor more details: (a) Example: Anthracene Subpart I, daily factor = 59 pg/I Subpart I, monthly average factor = 22 pg/I NCWQS, aquatic life = 0.05 pg/I NCWQS, human health = 40,000 µg/I NCWQS = non -carcinogen, apply 70.10s IWC96 OCPSF wastewater = 0.507 MGD Permitted flow = 3.6 MGD IWC%, 7Q10s = 1.93% i) Calculate NCW'QS chronic limits, Ibs/day Aquatic life: 0.05 µg/I x 3.6 MGD x 0.00834 T 0.0193 = 0.08 Ibs/day Human health: 40,000 pg/I x 3.6 MGD x 0.00834 - 0.0193 = 62,225.9 Ibs/day Note: NCWQS chronic limits are applied as monthly average limits ii) Calculate federal BPT limits, Ibs/day Daily: 59 pg/I x 0.507 MGD x 0.00834 = 0.25 Ibs/day Monthly average: 22 µg/I x 0.507 x 0.00834 = 0.09 Ibs/day iii) Select limits Apply federal BPT for daily, no NCWQS limit Apply NCWQS limit for monthly average, more stringent, RPA shows no potential to exceed imposed limits so annual monitoring to remain (b) Example: Carbon tetrachloride Subpart I, daily factor = 38 pg/I Subpart I, monthly average factor = 18 pg/I NCWQS, human health = 1.6 pg/I NCWQS = carcinogen, apply QA /WC96 OCPSF wastewater = 0.507 MGD Permitted flow = 3.6 MGD IWC%, QA = 0.37% i) Calculate NCWQS chronic limit, Ibs/day Human health: 1.6 pg/I x 3.6 MGD x 0.00834 _ 0.0037 = 12.98 Ibs/day Note: NCWQS chronic limit is applied as a monthly average limit No data above PQL ii) Calculate federal BPT limits, Ibs/day Daily: 18 pg/I x 0.507 MGD x 0.00834 = 0.08 Ibs/day Monthly average: 38 pg/I x 0.507 x 0.00834 = 0.16 Ibs/day . , NPDES.Permit Fact Sheet - 03/05/10 Page 5 of 12 NC0003760 iii) Select limits Apply federal BPT limits, no NCWQS acute, federal BPT limits more stringent, RPA shows no potential to exceed imposed limits so annual monitoring to remain (c) Example: Total Nickel Subpart I, daily factor = not applicable non-metal process Subpart I, monthly average factor = not applicable non-metal process NCWQS, human health = 88 pg/I Division acute guidelines (1/2FAV) = 161 pg/I NCWQS = non -carcinogen, apply 7Q10 IWC96 & 1Q10sIWC96 OCPSF wastewater = 0.507 MGD Permitted flow = 3.6 MGD IWC%, 7Q10s = 1.93% IWC96, 1 Q10s = 2.3796 i) Calculate NCWQS chronic limit, Ibs/day Human health: 88 pg/I x 3.6 MGD x 0.00834 _ 0.0193 = 136.69 Ibs/day Note: NCWQS chronic limit is applied as a monthly average limit ii) Calculate NCWQS acute limit, Ibs/day Division: 261 pg/I x 3.6 MGD x 0.00834 -: 0.0237 = 330.64 Ibs/day Note: NCWQS acute limit is applied as a daily limit, compardd to monthly average limit iii) Select limits Check RPA of available data, no potential to exceed NCWQS limits, no limits or monitoring imposed (8) Acrolein calculation: The Division reviewed the new federal standard and determined the applicable concentration -based NCWQS. A RPA based on the NCWQS for Acrolein discharged from this facility, from July 2007 to July 2009 was conducted, and the potential to exceed the NCWQS was shown. A monthly average and daily maximum limit with quarterly monitoring was added to this permit. This criteria supersedes the permit section /I/ a. (2) Arco%in criteria. The following shows the calculations and review steps: NCWQS chronic, Aquatic Life = 3l1g/i NCWQS acute, Aquatic Life = 3 pg// NCWQS = non -carcinogen Permitted flow = 3.6 MGD IWC96, 7Q10s =1.9396 IWC96, 1Q10s = 2.3796 I) Calculate NCWQS chronic limit Aquatic life: 3 pg/I x 3.6 x 0.00834 = 0.0193 = 4.67 lbs/day Note: NCWQS chronic limit is applied as a monthly average limit II) Calculate NCWQS acute limit Aquatic Life: 3 pg/l x 3.6 MGD x 0.00834 +0. 0237 = 3.80 Ibs/day (mass -based) Aquatic Life: 3 pg// # 0.0237 =126. 6 pg// (concentration based) Note: NCWQS acute limit is applied as a daily limit (concentration based) kV Determine limits and monitoring frequency Compare monthly average and daily maximum limits, monthly average limit cannot be less stringent than daily maximum, monthly average limit reduced to match daily maximum mass -based limit NPDES Permit Fact Sheet - 03/05/10' Page 6 of 12 NC0003760 Check RPA, potential to exceed NCWQS limits, imposed quarterly monitoring (9) Mercury: One value was available from the PPA and it was below the detection limit using Method 1631E. No change to permit. Continue to review in future PPA. Outfall 002 & 003: Reasonable Potential Analysis (RPA) • • The Division conducted EPA -recommended analyses to determine the reasonable potential for toxicants to be discharged by this facility, based on DMR data from November 2006 to March 2009. Evaluations were conducted for cadmium, chromium, copper, lead, mercury, nickel, selenium, silver, and zinc. For both outfalls results either indicated the measured values exceeded water quality standards (WQS) or suggest reasonable potential for the facility to discharge lead, mercury, silver, and zinc in excess of water quality standards. No changes were made other than to add a monthly average limit for mercury in both outfalls to comply with EPA. Copper values in Outfall 003 exceed the WQS and so no changes were made. Copper values in Outfall 002 shows no reasonable potential to exceed WQS so its sampling frequency was reduced to quarterly. For both outfalls cadmium, chromium, nickel, and selenium show no reasonable potential to exceed water quality standards so where necessary the limits were removed and the sampling frequency reduced to quarterly. Special Condition The renewed permit will contain a special condition that would take effect should the facility's idle production becomes active, or new production is added, and/or is resold during the permit cycle. The special condition will require the owners to submit a proposed process description, a projected complete plant water balance schematic, and projected production information within 180 days, and a new permit application within two years to include actual production data (as recommended by EPA). Nitrogen The Environmental Management Commission adopted Nutrient Management Strategy rules in December 1997, classifying the entire Neuse River Basin as Nutrient Sensitive Waters. The point source rule (T15A NCAC 2B .0234) sets Total Nitrogen (TN) discharge limits for all point source dischargers larger than 0.5 MGD. The rule also allows dischargers to form a group compliance association and work together to reduce nitrogen; this option allows the association members added flexibility in controlling nitrogen discharges. At the same time, the association is subject to a group NPDES permit ensuring that the association and its individual members are accountable if they exceed the applicable nitrogen limits. Under the rule, there are three types of TN limit in the Neuse: 1. the individual limits in the dischargers' individual permits, 2. the aggregate limit in an association's group NPDES permit, and 3. the individual allocations/limits for each Association member, also in that association permit. A discharger may be subject to the first type of limit, or to the second and third, but never to all three at the same time. The discharger is first subject to the TN limit (if any) in its individual NPDES permit. If it becomes a co-permittee to a compliance association's group NPDES permit, it is then governed by the TN limits in that permit. If the association complies with its group TN limit in a given year, all members are deemed to be in compliance with their individual allocations/ limits in the • •NPDES,dPermit Fact Sheet - 03/05/10 Page 7 of 12 NC0003760 group permit. If the association exceeds its limit, the members then become subject to their individual allocations/ limits as well. Regardless of which permit governs a TN discharge, allocations/ limits will likely change over time as the dischargers purchase, sell, trade, lease, or otherwise transfer nitrogen allocations. The Division will modify the affected permits as necessary to ensure that the limits are kept up to date and reflect any such transactions. The Permittee ins a member of the Neuse River Compliance Associption at this time. So long as it remains a co-permittee member, it is deemed to be in compliance with the TN limit in this permit, and its TN discharge is governed instead by the Association's group NPDES permit, issued December 30, 2002. Transfer of Nitrogen Allocations DuPont -Kinston (formerly UNIFI-Kinston) is located within the Neuse River basin and was assigned Total Nitrogen (TN) allocation under the Neuse River Basin Nutrient Management Strategy rule for Wastewater Discharges (T15A NCAC 02B .0234), or "the Neuse rule." In recent years, the Kinston facility has sold two allocations to existing dischargers. With these sales, the total allocation assigned to the Kinston facility is 30,493 Ib/yr at the discharge, equivalent to 21,345 Ib/yr at the estuary. ALLOCATION TYPE SOURCE DATE ALLOCATION AMOUNT (1) STATUS Estuary (Ib/yr) Discharge (Ib/yr) Base Assigned by Rule (T15A NCAC 02B .0234) 12/7/97; 4/1/03 24,635 35,193 Active Decremental Sold to Town of Clayton, NC0025453 8/30/2007 -1,645 -2,350 Deducted Decremental Sold to Johnston County, NC0030716 12/21/2007 -1,645 -2,350 Deducted TOTAL 21,345 30,493 Active Footnote: Transport factor = 70% Effluent Limitations and Monitoring -Nitrogen and Phosphorus The permit includes nutrient limits consistent with the Nutrient Management Strategy rule (T15A NCAC 2B .0234). Under the prevailing rule, the Permittee receives a TN Load limit of 30,493 Ibs/yr, a calendar year limit effective 1/1/10. The TN Load limit is based on the discharge from Outfall 001. TN is monitored at the remainder of the other Outfalls. Outfalls 004, 005, 006 (stormwater) have benchmarks for TN which determine changes in monitoring frequency of stormwater events. Phosphorus DuPont's Total Phosphorus quarterly average limit is carried forward for Outfalls 001, 002, 003 in the new permit and conforms to. the prevailing rule, weekly monitoring. Outfalls . 004, 005, 006 (stormwater) have benchmarks for TP which determine changes in monitoring frequency. • NPDES Permit Fact Sheet - 03/05/10 Page 8 of 12 NC0003760 lnstream Monitoring ESS has requested that some flexibility be added to the downstream monitoring requirements that are listed in the permit. The current permit requires downstream monitoring one mile below the outfall, however the Lower Neuse Basin Association has noted that there are some difficulties gaining access to this area. Since the existing downstream monitoring location was not assigned based on a predicted DO" sag, NPDES staff has no objection to making the instream monitoring requirement more flexible. Therefore the "one mile" requirement will be removed. PERMITTING STARGEDY FOR STORMWATER Prepared by Bethany A. Georgoulias, DWQ Stormwater Permitting Unit, July 31, 2009 Stormwater-related Documents Reviewed: p NPDES Permit Files and application (rec'd December 2007) p Neuse Basinwide Plan (2009) p Final 2006 & DRAFT 2008 303(d) Lists; TMDL Documents p EPA Sector -Specific Permit (2008) p Natural Heritage Program's Threatened and Endangered Species Database p 40 CFR Subchapter N, Stormwater Effluent Guidelines Review Summary: Impairment This segmerit of the Neuse River is impaired (Category 5) because of elevated mercury concentrations and fish tissue monitoring in this segment (not just statewide advisory). Ambient monitoring data indicate potential other stressors include nutrient and turbidity impacts from non - point source runoff and MS4 discharges, as well as agriculture. Excerpt from Basin Plan: Table 15 Neuse River Basin Astestmeat Um: 2:umht Name Desmipton Class:Stana= DWQ Subbasin Milo Ares Subbasin (rrBD-S Nsuuber/ 03020201 psi Potential Stressen Caterorp Poteaaal Sources Use Stypoat Ca:e;oty Use Support Rung F.woa for Raang DTTQ Subbasin 03-04-05 A177 Patametet of lateen Collet:aa Lam;n'•. Year Y Watershed 01BD-10 Number) 0302020117 Moccasin Creek -Meuse River Subw•atersbed :7-06)b \ELSE RIVER 5 Mercury From s=bbbsi= 030-0543041 _ be mda.y to a point C.7 mire doaastteam o: *.e mouth of Coxes :reek Nutrient Impacts C:�'SLt 034.4-35 2:.5 Fit Malts NIS= NP: ES Row Cray Agtculmre Turbidity MS- 2.:7ZES Ron Croy Apic:dmre (R'BD-1: Number) 03020201170E Quaker Neck Lake-Neu:e Riser Aruatic - fe No: Rated Dan or Sus ve Iron 210E 3m ASua:ic Last Supporta; No Critena Esceed3ed Stater Qua:try Staaduds 200E Aqua:: Life Avant :tit Supporta; No Criteria Esceeded Ecologica: biological Iaeep ty 2003 Batas Fish Impaired StaadardVaolanan Meru.-3• oasumpu= 2004 2004 5 Recta:on Supporta; No Criteria Esceei ed Feral Caafo= ;re:reanoa; 200E The Neuse River NSW Management Strategy became effective as permanent rules on August 1, 1998. In 1999 and 2002, a Total Maximum Daily Load (TMDL) for nitrogen and phosphorus was developed based on the NSW Management Strategy and additional environmental modeling. Rules to support the management strategy and TMDL were fully implemented by 2003. However, so far the data do not indicate any significant decrease in actual nutrient loading to the estuary (from final draft of Neuse River Basinwide Plan, July 2009). This area of Lenoir County does not fall within the Neuse NSW Strategy area. The Neuse NSW rules address stormwater runoff from development (impervious surfaces). Historically, industrial point source discharges of stormwater have not been examined in detail nor played a key role in achieving reduction goals (instead being accounted for in the 'non -point source' Toad allocation of TMDLs).. However, the 2009 Basinwide plan does include the following relevant recommendations: p Evaluate the magnitude of nitrogen loading in runoff from existing development areas and develop recommendations on the need to address this source under the strategy. NPDBS$Permit Fact Sheet - 03/05/10 Page 9 of 12 NC0003760 p Better quantification of BMP effectiveness (agricultural and stormwater BMPs); improve accounting tools. Draft permit incorporates TMDL language in the analytical monitoring section and maintains nutrient monitoring. 1. Threatened and Endangered: None identified in NC Natural Heritage Program Virtual Workroom databases. 2. Stormwater Effluent Guidelines: None from 40 CFR §414 applicable to this activity.• 3. EPA MultiSector General Permit: EPA's 2008 MSGP requires zinc monitoring for these SICs. Zinc is already part of the parameters being monitored. Reconsider need for copper and lead monitoring at this facility, unless specific processes or materials warrant it. 4. Location: This site discharges stormwater (not commingled with wastewater) through three (3) stormwater discharge outfalls: SDO 004 to UT to Beaverdam Br; SDOs 005 & 006 to UTs to Neuse River. 5. Industrial Changes Since Previous Permit: Now exclusively Sorona® bio-based polymer line; Dacron fiber no longer produced at this facility, and other process lines run by Unifi discontinued since DuPont bought back the plant. 6. Analytical Monitoring Notes: See Table 2. Concentrations of zinc above the benchmark at outfalls 004 and 005 on one occasion; one sample of copper just over benchmark at outfall 004 in 2006. COD. and TP. concentrations above benchmarks at outfall 006 in 2006. 7. Qualitative Monitoring Notes: Summary provided by permittee indicated no data. Records may have been maintained on site. 8. Compliance Notes: Review of the permit file indicates several mercury limit exceedences in wastewater discharges since 2007 (at least 10). Several penalty assessments resulted. Under SOC for compliance. Permit Recommendations: Analytical Monitoring: Reviewer recommends discontinuing copper (Cu), silver (Ag), and lead (Pb) monitoring after five sampling events if concentrations are below the benchmark. Although one sample exceeded a Cu benchmark, the value was only 1 pg/I above, and there are no potential sources of these metals in the industrial activities there. Lead probably comes from the old piping, but concentrations do not suggest a problem. Retaining zinc through next permit term because of benchmark exceedences at two SW outfalls. Potential sources at the facility may be old pipes and roofing, so will need to re- examine if BMPs are feasible should results trigger Tier 2 (however, past data do not indicate consecutive zinc exceedences are likely). Retaining dibenzofuran at Outfall 006 and incorporating a benchmark of 760 pg/I. However, recommend discontinuing after five sampling events. There were no detects, but there were only five samples during the last cycle. If concentrations continue below the benchmark, reviewer does not see a need to monitor (facility contact indicated there were no sources in the industrial activities here). Retaining 1,1-biphenyl at Outfall 006 because it was detected in 2007 sampling. That concentration (7.3 µg/I) was well below the benchmark being incorporated at this renewal (180 µg/I, based on 1/2 final acute value, for 1/2 FAV); however, there were only five samples to evaluate (8-10 preferred). Because this compound remains a potential pollutant from the process and proximity to wastewater holding and treatment ponds (unlined aeration basin), 2-3 more years (at least 3-5 more data points) are needed before considering removal. Retaining 2- and 4-methylphenol at Outfall 006 because one of those compounds was detected in 2006 sampling. Water quality standards are based on narrative standards for phenolic compounds and probably do not pose a serious concern unless concentrations in the mg/I are detected; however, there were not enough data points during the last cycle of the permit to evaluate, and industrial process/wastewater treatment is a potential source. Consider removal at next renewal. NPDES Permit Fact Sheet - 03/05/10 Page 10 of 12 NC0003760 Retaining COD and TSS at all outfalls because appropriate indicators for stormwater pollution from the industrial activities and chemical storage here, and because one sampling event exceeded benchmark for COD at 006. Retaining Total Nitrogen (TN) at all outfalls because discharge is to nutrient sensitive waters in the Neuse Basin, and monitoring is aligned with DWQ recommendations in the 2009 Basinwide Plan. (Company adds ammonia to WWTP because processes are nutrient deficient, but enough naturally occurring phosphorus available.) Maintaining Total Phosphorus (TP) at all outfalls through next permit cycle; consider removal if concentrations continue to stay below benchmark. • • New monitoring recommended this renewal, based on information provided on EPA Application Form 2F, Page 3 and discussions with facility contact: 1. Mercury (Method 1631E) monitoring but without the 0.012 µg/I benchmark at stormwater Outfalls 004-006. The facility is already under an SOC with the DWQ and has been in discussions with both the Division and EPA about mercury compliance problems in wastewater effluent. Currently investigating sources of Hg. Recent groundwater testing indicated background levels are potentially very high already. Because the company is already focusing on finding sources and correcting problems under the SOC, we are not proposing the benchmark be included to trigger additional monitoring under tiers in response to detects; however, company should address potential mercury contamination sources and prevention/ response measures in the SPPP. 2. Acrolein at Outfall 006 (near'WW treatment) with no benchmark because there is'only limited data on aquatic toxicity. If monitoring results indicate values are above 3 µg/I, DWQ should evaluate more closely at next renewal. (Acute value based on draft EPA criteria document on acrolein that has not yet been finalized, per N. Remington, DWQ, 7/17/09.) This compound is a by-product of the production process and is still reported in company's annual Emission Inventory (El). 3. AIIyI alcohol with benchmark of 90 µg/I (1/2 FAV) at Outfall 006. 4. Carbon tetrachloride without a benchmark at Outfall 006. If monitoring results indicate values are above 6 mg/I (acute value based on limited data), DWQ should evaluate potential impact more closely at next renewal. 5. Chloroform with a benchmark of 7 mg/I (1/2 FAV, non -trout) at Outfall 006. 6. Cobalt without a benchmark at Outfall 006. If monitoring results indicate values are above 0.03 mg/I (acute value based on limited data), DWQ should evaluate potential impact more closely at next renewal. 7. Formaldehyde with a benchmark of 0.5 mg/I (1/2 FAV) at Outfall 006. 8. Methylene Chloride with a benchmark of 110 mg/I at Outfall 006. Note: very common lab contaminant, so should advise reviewers to check results for blanks on lab sheet if there are detectable concentrations (1/2 FAV and info. from N. Remington, DWQ, 2/09) 9. Propylene glycol without a benchmark at Outfall 006. If monitoring results indicate values are above 3600 mg/I (acute value based on limited data), DWQ should evaluate potential impact more closely at next renewal. 10. Tetrachloroethylene with a benchmark of 1 mg/I (1/2 FAV) at Outfall 006. 11. Xylene with a benchmark of 6.7 mg/I (1/z FAV) at Outfall 006. 12. Total Petroleum Hydrocarbons (TPH) for any vehicle maintenance areas (if ever applicable), with a benchmark of 15 mg/I (instead of O&G of 30 mg/I). The SPU has replaced O&G with TPH monitoring for vehicle maintenance areas because TPH exclues fatty matter from animal and vegetable sources. The benchmark is consistent with other states stormwater programs NPDES%Permit Fact Sheet - 03/08/10 Page 11 of 12 NC0003760 and set at a level we would only expect of stormwater with significant oil contamination. 13. TSS and pH effluent limitations "kick in" after two consecutive benchmark exceedences on stormwater discharges from Outfall 006 because untreated coal pile leachate drains to here. The TSS benchmark (and daily maximum limit if triggered) of 50 mg/I and pH range of 6-9 SU reflect BPT requirements for coal pile leachate at Steam Electric Generating Facilities (40 CFR Part 423). This approach is more stringent than a TSS benchmark of 100 mg/I. While limits in. the Effluent Limitation Guidelines (ELGs) are specific to the Steam Electric Generating industry, this facility stores a 30-day supply of coal (about 1100 tons), which it burns to produce steam for the plant (and may provide limited electric power generation capability). The coal storage area is over 202,000 sq. feet large. Like some other states, such as Virginia, Ohio, and Georgia, North Carolina is proposing to extend the same limits to pile runoff/leachate at a site with coal storage and handling activities, but where coal burning for steam electric generation is not necessarily the primary industrial activity. The rationale is based on (1) the potential size of the storage pile, (2) extreme similarity to the activities subject to the ELGs, and (3) growing concern about, as well as limited data from, stormwater discharges from sites where substantial quantities of coal are stored, handled, and burned. The alternate approach of imposing benchmarks that may become limits acknowledges the somewhat different scale of this site when compared to a steam electric plant but also the potential for the same pollution problems. Monitoring frequency to remain semi-annually through the permit term, and qualitative monitoring will coincide with analytical sampling events. Introducing tiered response structiure to benchmark exceedences to be consistent with other individual stormwater permits. Schedule for Permit Issuance Prior to the 2007 renewal cycle for Neuse River basin permits, the Neuse Riverkeepers expressed concerns about pending nitrogen trades and requested a public hearing for the DuPont -Kinston (NC0003760), Clayton (NC0025453), Johnston County (NC0030716) permits. The hearing was expected to be held in the Fall of 200Z Work on the permits was then delayed when UNIFI announced the sale of its /Gnston facility to DuPont. The sale would result in changes in operations at the facility, and it was necessary for DuPont to submit a revised permit application reflecting the anticipated changes in production. Permit writers resumed work on the permits once the application was received, and the Division published notice of the draft permits in the Raleigh News and Observer on August 15, 2009. The hearing was held on September 29, 2009, at the Wayne County Public Library in Goldsboro. The central issue was the sale of nitrogen allocation by UNIFI, LLC to the Town of Clayton and to Johnston County. Due to differences in the transport factors for UNIFI and for the upstream buyers, the transfer would result in an increase in discharge allowances even though the load delivered to the estuary would not increase. Due to uncertainties with the transport factors and with the overall effectiveness of the Neuse River nutrient reduction efforts, the Riverkeepers recommended against allowing the nitrogen transfers. The Riverkeepers also recommended that the mercury limit be restored in Johnston County's permit, based on apparent violations at the facility. The hearing officers made three permit -related recommendations, and the Director noted her concurrence on February 18, 2010: o Implement the nitrogen transfer as proposed. o Do not restore the mercury limit in Johnston County's permit. Further review showed that the apparent mercury violations were the result of data entry error (incorrect units of measure); thus, no violations occurred, and the limit is not warranted. o Incorporate technical corrections in DuPont's OCPSF limits, which were not a matter of contention at the hearing but were needed nonetheless. NPDES Permit Fact Sheet - 03/08/10 Page 12 of 12 NC0003760 The hearing officers also made several recommendations not directly related to the permits, to address other issues raised at the hearing. The Director will address those matters separately from the permits. The final permits incorporate the permitting recommendations. The nitrogen limits are effective in CY201O, as proposed. Expiration dates for the DuPont and Clayton permits remain as proposed in order to keep them aligned with the basin permitting schedule for the Neuse River basin; the expiration date for the Johnston County permit has been modified to bring it into line with the schedule. The EPA's Region 4 office reviewed the draft permits prior to the public hearing and discussed potential issues regarding the nitrogen transfers with DWQ staff Given that the Neuse River is free -flowing in the vicinity of the upstream discharge points, the EPA concluded that the likelihood of the trades resulting in 'hot spots' would be small and indicated that it had no further comments on the draft permits. Permit Effective: Permit Expires: April 1, 2010 January 31, 2013 State Contact Information If you have any questions on any of the above information or on the attached permit, please contact Ron Berry at (919) 807-6396. If you have any specific questions in regards to stormwater permitting and its implementation please call Bethany Georgoulias at (919) 807-6372. NPDES Recommendation by: Signature Date Regional Office Comments: Regional Recommendation bv: Signature Date Regional Supervisor: Signature Date NPDES Permit Fact Sheet - 3/2/2010 NPDES Permit No: NC0003760 Appendix A: OCPSF Subpart I Calculations • FACILITY => Du Pont Kinston NPDES Permit # => NC0003760 OCPSF Flow => 0.507 MGD 7Q10s => 283.1 cfs 1Q10 = 0.843 x (7Q10s) °993 Average flow => 1,514 cfs 1Q10s => 229.41 cfs Qp => 3.60 MGD IWC @ low flow => 0.019 1.9 % IWC @ 1Q10 flow => 0.024 2.4% IWC @ avg. flow => 0.004 0.4 % OCPSF OCPSF OCPSF OCPSF Federal Aquatic Human Allowable Allowable Selected Limit Permit 10105 Daily Monthly Daily Monthly Criteria or Life Health Acute Aquatic Human Monthly Monthly Daily Daily WQS Maximum Average Maximum Average State Standard Standard Standards Life Health Limit Maximum Maximum Maximum Limits Acute Parameter (µg/L) (µg/L) (lbs/day) (Ibslday) Standard (µg/L) (µg/L) (µg/L) (Ibslday) (Ibs/day) Based On Limit Units Limits Units (lbs/day) Acenaphthene 59 22 0.249 0.093 BPT/WQS 60 none none 93.34 none OCPSF 0.093 Ibs/day 0.249 Ibs/day none Acenaphthylene 59 22 0.249 0.093 BPT none none none none none OCPSF 0.093 lbs/day 0.249 lbs/day none Acrylonitrile 242 96 1.023 0.406 BPT/WQS none 0.25 none none 2.03 OCPSF 0.406 Ibslday 1.023 lbs/day none Anthracene 59 22 0.249 0.093 BPT/WQS 0.05 40,000 none 0.078 62225.91 CHRONIC 0.078 Ibslday 0.249 Ibslday none Benzene 136 37 0.575 0.156 BPT/WQS none 51 none none 413.84 OCPSF 0.156 Ibs/day 0.575 lbs/day none Benzo(a)anthracene (PAH)* • 59 22 0.249 0.093 BPT none none none none none OCPSF 0.093 lbs/day 0.249 Ibslday none 3.4-Benzofluoranthene (PAH)* 61 23 0.258 0.097 BPT none none none none none OCPSF 0.097 Ibslday 0.258 Ibs/day none Benzo(k)fluoranthene (PAH)* 59 22 0.249 0.093 BPT none none none none none OCPSF 0.093 lbs/day 0.249 lbs/day none Benzo(a)py►ene (PAH)* 61 23 0.258 0.097 BPT none none none none none OCPSF 0.097 Ibslday 0.258 Ibslday none Bis(2-ethylhexyl) phthalate 279 103 1.180 0.436 BPT/WQS none 2.2 none none 17.85 OCPSF 0.436 Ibslday 1.180 Ibslday none carbon Tetrachloride 38 18 0.161 0.076 BPT/WQS none 1.6 none none 12.98 OCPSF 0.076 Ibslday 0.161 Ibslday none Chlorobenzene 28 15 0.118 0.063 BPT/WQS 140 none none 217.79 none OCPSF 0.063 lbs/day 0.118 lbs/day none Chloroethane 268 104 1.133 0.440 BPT/WQS none 550 none none 4463.03 OCPSF 0.440 Ibslday 1.133 lbs/day none Chloroform 46 21 0.195 0.089 BPT/WQS none 170 none none 1379.48 OCPSF 0.089 Ibs/day 0.195 lbs/day none 2-Chlorophenol 98 31 0.414 0.131 BPT none none none none none OCPSF 0.131 lbs/day 0.414 lbs/day none Chrysene (PAH)* 59 22 0.249 0.093 BPT/WQS none 0.018 none none 0.15 OCPSF 0.093 Ibs/day 0.249 Ibs/day none Di-n-butyl phthalate 57 27 0.241 0.114 BPT/WQS 9.5 none none 14.78 none OCPSF 0.114 lbs/day 0.241 lbs/day none 1,2-Dichlorobenzene 163 77 0.689 0.326 BPT/WQS 470 none none 731.15 none OCPSF 0.326 Ibslday 0.689 lbs/day none 1,3-Dichlorobenzene 44 31 0.186 0.131 BPT/WQS 390 none none 606.70 none OCPSF 0.131 lbs/day 0.186 lbs/day none 1,4-Dichlorobenzene 28 15 0.118 0.063 BPT/WQS 100 190.00 none 155.56 295.57 OCPSF 0.063 Ibslday 0.118 Ibslday none 1,1-Dichloroethane 59 22 0.249 0.093 BPT/WQS 20000 170000 none 31112.95 264460.10 OCPSF 0.093 Ibslday 0.249 Ibslday none 1,2-Dichloroethane 211 68 0.892 0.288 BPT/WQS none 37 none none 300.24 OCPSF 0.288 Ibslday 0.892 Ibslday none 1,1-Dichloroethylene 25 16 0.106 0.068 BPT/WQS 5400 7100 none 8400.50 11045.10 OCPSF 0.068 lbs/day 0.106 Ibslday none 1,2-trans•Dichloroethylene 54 21 0.228 0.089 BPT/WQS none 10000 none none 15556.48 OCPSF 0.089 Ibslday 0.228 Ibs/day none 2,4-Dichlorophenol 112 39 0.474 0.165 BPT none none none none none OCPSF 0.165 Ibslday 0.474 Ibslday none 1,2-Dichloropropane 230 153 0.973 0.647 BPT/WQS none 15 none none 121.72 OCPSF 0.647 Ibslday 0.973 Ibs/day none 1.3-Dichloropropylene 44 29 0.186 0.123 BPT/WQS 12 21.000 none 97.38 170.41 OCPSF 0.123 lbs/day 0.186 Ibslday none Diethyl phthalate 203 81 0.858 0.342 BPT/WQS 1200 none none 1866.78 none OCPSF 0.342 Ibslday 0.858 Ibslday none 2,4-Dimethylphenol 36 18 0.152 0.076 BPT/WQS 320 none none 497.81 none OCPSF 0.076 Ibslday 0.152 Ibs/day none Dlmethyl,phthalate 47 19 0.199 0.080 BPT/WQS 3400 none none 5289.20 none OCPSF 0.080 Ibs/day 0.199 Ibslday none 4,6-Dinitro-o-cresol 277 78 1.171 0.330 BPT/WQS 12 280 none 18.67 435.58 OCPSF 0.330 Ibslday 1.171 lbs/day none 2,4-Dinitrophenol 123 71 0.520 0.300 BPT/WQS 26 none none 40.45 none OCPSF 0.300 Ibslday 0.520 lbs/day none 2,4-Dinitrotoluene 285 113 1.205 0.478 BPT/WQS none 3.4 none none 27.59 OCPSF 0.478 Ibslday 1.205 Ibslday none 2,6•Dlnitrotoluene 641 255 2.710 1.078 BPT/WQS none 0.71 none none 5.76 OCPSF 1.078 Ibs/day 2.710 Ibslday none Ethylbenzene 108 32 0.457 0.135 BPT/WQS 97 none none 150.90 none OCPSF 0.135 Ibslday 0.457 Ibslday none Fluoranthene 68 25 0.288 0.106 BPT/WQS 0.11 none none 0.17 none OCPSF 0.106 Ibslday 0.288 lbs/day none Fluorene 59 22 0.249 0.093 BPT/WQS 46 none none 71.S6 none OCPSF 0.093 lbs/day 0.249 Ibslday none Hexachlorobenzene 28 15 0.118 0.063 BPT/WQS none 0.0029 none none 0.024 CHRONIC 0.024 Ibslday 0.118 Ibslday none Hexachlorobutadiene 49 20 0.207 0.085 .BPT/WQS none 18 . none none 146.06 OCPSF 0.085 Ibslday 0.207 Ibslday none Hexachloroethane 54 21 0.228 0.089 BPT/WQS none 3.3 none none 26.78 OCPSF 0.089 Ibslday 0.228 Ibslday none Methyl Chloride 190 86 0.803 0.364 BPT/WQS none 96 none none 149.34 OCPSF 0.364 Ibslday 0.803 Ibslday none Methylene Chloride 89 40 0.376 0.169 BPT/WQS none 590.00 none none 4787.61 OCPSF 0.169 Ibslday 0.376 Ibslday none Naphthalene 59 22 0.249 0.093 BPT/WQS 330 none none 2677.82 none OCPSF 0.093 Ibs/day 0.249 Ibslday none Nitrobenzene 68 27 0.288 0.114 BPT/WQS none 30.00 none none 46.67 OCPSF 0.114 Ibs/day 0.288 Ibslday none 2-Nltrophenol 69 41 0.292 0.173 BPT/WQS 8000 none none 12445.18 none OCPSF 0.173 Ibs/day 0.292 lbs/day none 4-Nitrophenol 124 72 0.524 0.304 BPT/WQS 750 none none 1166.74 none OCPSF 0.304 Ibslday 0.524 Ibs/day none Phenanthrene 59 22 0.249 0.093 BPT/WQS none none none none none OCPSF 0.093 Ibslday 0.249 lbs/day none NPDES Permit Fact Sheet - 3/2/2010 NPDES Permit No: NC0003760 Appendix A: OCPSF Subpart I Calculations OCPSF OCPSF OCPSF OCPSF Federal Aquatic Human Allowable Allowable Selected Limit Permit 10105 Daffy Monthly Daily Monthly Criteria or Life Health Acute Aquatic Human Monthly Monthly Daily Daily WQS Maximum Average Maximum Average State Standard Standard Standards Ufe Health Limit Maximum Maximum Maximum Umits Acute Parameter (µg/L) (µglL) (lbs/day) (lbs/day) Standard (pg/L) (µg/L) (µg/L) (lbs/day) (lbs/day) Based On Limit Units Limits Units (lbs/day) Phenol 26 15 0.110 0.063 BPT/WQS none 300.0 none none 466.69 OCPSF 0.063 lbs/day 0.110 lbs/day none Pyrene 67 25 0.283 0.106 BPT/WQS none 4,000 none none 6222.59 OCPSF 0.106 lbs/day 0.283 Ibs/day none Tetrachloroethylene 56 22 0.237 0.093 BPT/WQ5 none 3.3 none none 26.78 OCPSF 0.093 lbs/day 0.237 Ibs/day none • Toluene 80 26 0.338 0.110 BPT/WQS 11 none none 17.11 none OCPSF 0.110 lbs/day 0.338 Ibs/day none Total Chromium 2770 1110 11.713 4.694 BPT/WQS 50 none 1022 77.78 none OCPSF 4.694 lbs/day 11.713 lbs/day 1294.706 Total Copper- AL 3380 1450 14.292 6.131 BPT/WQS -AL 7 none 7.3 10.89 none OCPSF 6.131 lbs/day 308.017 ug/L 9.248 Total Cyanide 1200 420 5.074 1.776 BPT/WQS 5 none 22.000 7.78 none OCPSF 1.776 lbs/day 5.074 lbs/day 27.870 Total Lead 690 320 2.918 1.353 BPT/WQS 25 none 33.8 38.89 none OCPSF 1.353 Ibslday 2.918 lbs/day 42.819 Total Nickel 3980 1690 16.829 7.146 BPT/WQS 88 none 261.000 136.90 none OCPSF 7.146 lbs/day 16.829 lbs/day 330.644 Total Zinc - AL 2610 1050 11.036 4.440 BPT/WQS-AL 50 none 67 77.78 none OCPSF 4.440 lbs/day 11.036 lbs/day 84.878 1.2,4-Trichlorobenzene 140 68 0.592 0.288 BPT/WQ5 61 none none 94.89 none OCPSF 0.288 lbs/day 0.592 lbs/day none 1.1,1-Trichloroethane 54 21 0.228 0.089 BPT/WQS 2500 none none 20286.49 none OCPSF 0.089 Ibs/day 0.228 Ibs/day none 1,1.2-Trichloroethane 54 21 0.228 0.089 BPT/WQS none 16 none none 129.83 OCPSF 0.089 lbs/day 0.228 lbs/day none Trichloroethylene 54 21 0.228 0.089 BPT/WQS none 30 none none 243.44 OCPSF 0.089 lbs/day 0.228 Ibs/day none Vinyl Chloride 268 104 1.133 0.440 BPT/WQS none 2.4 none none 19.48 OCPSF 0.440 lbs/day 1.133 lbs/day none Dibenz(a.h)anthracene (PAH)• WQS none none none none CHRONIC n/a lbs/day n/a ug/L Indeno(1,2.3-ed)pyrene (PAH). WQS none none none none CHRONIC n/a lbs/day n/a ug/L Total PAH• WQS none 0.0311 none 0.25 CHRONIC 0.252 lbs/day n/a ug/L Acrolein WQS 3 none 3 4.67 none CHRONIC 4.667 lbs/day 126.58 ug/L 3.801 REASONABLE POTENTIAL ANALYSIS DuPont -Kinston NC0003760 Time Period 0 Ow (MGD) 3.6 7010S (cfs) 283.1 7010W (cfs) 291.6 3002 (cis) 0 Avg. Stream Flow, OA (cfs) 1514 Rec'ving Stream Neuse River • WWTP Class IV IWC (%) @ 7Q10S 1.9329 @ 7Q10W 1.8776 ©3002 NIA @ QA 0.3672 Stream Class C, NSW Outfall 001 Qw = 3.6 MGD 1010s (cfs) = 229.4 IWC (%) @ 1010S = 2.37 Note: Chronic and Acute standards may in terms of concentration -based or mass -based PARAMETER TYPE I11 STANDARDS d CRITERIA (2) POL Units REASONABLE POTENTIAL RESULTS RECOMMENDED ACTION NC (NQSI Y, FAV / Chronk Aaih n II Dal Max Prod Cw Allawab/a Cw Arsenic C 50 uglL 1 0 Note: n<12 Limited data >5 set Acute: NIA _ _ _ _ _ Chronic: 13,616 _ _ _ _ Single rdg > 5 pgn --------------------- No further action Beryllium C 6.5 ug/L 1 0 Note: n<12 Limited data >1 set Acute: NIA _ _ - _ Chronic: 1.770 _ ___-_-_-_-_-_-_-_-_-_- Single rd_ >>_1 y-g/I No further action Cadmium NC 2 15 ug/L 1 0 Note: n<12 Limited data >1 set Acute: 633 _ _ _-_ _ _ Chronic: 103- Single rdg > 1 mil No further action_-___-_._-_-_-_-_-_ __ Single rdg > 1 ma No further action Chromium NC 50 1022 'DATA in Ibs/day bsIda; 6 6 Note: n<12 Limited data 0.031 set Acute: 1294.706 FG-Daily:. 11.713_ Chronic: 77.664 FG Mont: 4.694 Federal BPT but process non-metallic No potenlal to exceed WOS, remove from permit 1 Copper NC 7.0 AL 7.3 'DATA in Ibsldav bs/da+ 5 5 Note: n<12 Limited data 0.593 set Acute: 9.248 FG-Daily:. _14.292_ Chronic: 10.873 FG Mont: 6.131 Federal BPT but process non-metallic Action level. passing toxicity test. exceeds acute does not exceed chronic. remove from permit Cyanide NC 5 N 22 'DATA in Ibsldav bslda, 2 2 Note: n<12 Limited data 0.042 set Acute: 27.870 FG-Daily. _ _5.0_74 _ Chronic: 7.766 FG Mont: 1.776 Federal BPT but process non -cyanide No potenlal to exceed WOS, remove from permit Fluoride NC 1.800 ug/l 0 0 NIA Acute: WA _ _ ___ _ _ Chronic: 93,123 _ _ _-_-_-_-_-_-_-_--- _._-___ No data Lead NC 25 N 34 pg/L 6 6 Note: n<12 Limited data 0.030 set Acute: 33.800 FG-Daily:. _2.918_ Chronic: 93.369 12 FG Mont: 1.353 Federal BPT but process non-metallic No potenlal to exceed WOS, remove from permit Mercury NC 12 2.0000 ng/L 1 0 n<12 n<12 Limited data >1Note: set Acute: N/A Chronic: 621 Single rdg > 1 ngd No further action Molybdenum A 3.500 uglL 0 0 N/A Acute: N/A _-_ _ Chronic: N/A No data _._-_-_-_-_-_._-_-_-_-_____-_- Nickel NC 88 261 'DATA In Ibs/day bsldal 6 6 Note: n<12 Limited data 0.059 set Acute: 330.644 FG-Daily _16.829_ Chronic: - 136.689 FG Mont: 7.146 Federal BPT but process non-metallic . No potenial to exceed WOS, remove from permit Phenols A 1 N ugll 1 0 Note: n<12 Limited data >2 set Acute: NIA _ _ _ Chronic: __ NIA Single rdg > 2 pgll Nofurther action ____________-_-_-_-_- Selenium NC 5.0 56 ug/L 1 0 Note: n<12 Limited data >10 set Acute: 56 _ __ Chro_nic_:._ 259_ Single rdg > 10 p9/1 No further action ___-_-___._-_-_-_-_- Single rdg > 10 pg/1 No further action Silver NC 0.06 AL 1.23 ug/L 1 0 Note: n<12 Limited data >5 set Acute: 1 _ _ _ - - _ - _ Chronic: 3 Action level. passing toxicity test, no further action Zinc NC 50 AL 67 'DATA in Ibs/day bs/da, 6 6 Note: n<12 Limited data 0.545 set Acute: 84.878 FG-Daily:. 11.036 Chronic: 77.664 FG Mont: 4.440 Federal BPT but process non-metallic • Action level, passing toxicity test, does not exceed acute does not exceed chronic, remove from permit • Legend: C = Carcinogenic NC = Non -carcinogenic A = Aesthetic •• Freshwater Discharge • • nodes rpa 001, rpa 312/2b10 REASONABLE POTENTIAL ANALYSIS DuPont -Kinston NC0003760 Time Period 0 Ow (MGD) 3.6 7Q10S (cfs) 283.1 7Q 10 W (cfs) 291.6 3002 (cfs) 0 Avg. Stream Flow, OA (cfs) 1514 Rec'ving Stream Neese River • WWTP Class IV IWC (%) @ 7010S 1.9329 @ 7Q10W 1.8776 @ 3002 NIA @OA 0.3672 Stream Class C Outfall 001 Qw=3.6MGD Calculation of 1010 based on 7010 1010 = 0.843 (7010) 0.893 SUMMER 1010 = 229.4 (cfs) SUMMER 1010 IWC % = 2.37 WINTER 1010 = 236.2 (cfs) WINTER1Q10IWC %=2.31 PARAMETER TYPE (1) STANDARDS & CRITERIA (2) PQL Units REASONABLE POTENTIAL RESULTS RECOMMENDED ACTION NCWOS I I4FAVI Chronic Aiwa a ONE Mr PodCw AlowabeCw Acybnitre. C 0.25 WOS ug/L 5 0 Note: n<12 Limited data 213.0 set Acute: NO WOS _ _ _ Chronic:_ _ - 68.1 _ Federal BPT effieunt Limits more stringent Apply BPT limits Andiron.* NC 0.1 WOS uglL 5 0 Note: n<12 Limited data 5.0 set Acute: NO WOS _ _ - _ _ Chronic: 2.6_ _ Federal BPT effleunt Limited parameter No acute WOS, apply deity BPT limit_ _ _ _ .... . _ _ _ - WOS Chronic 1611 more stringent Apply WOS Chronic limit , all data below detection limit Ctryen. (PAH) C 0 ow PA uglL 5 0 Note: n<12 Limited data 5.0 set Acute: NO WOS _ _ - _ _ - Chronic: 4.9 Total PAH = 8.4 Federal BPT efftount limits more stringent Apply BPT limits and include in Total PAH Part of PAH emit calculation (monthly average tb/day) Acrol.M NC 3 WOS 3 ug/L 12 2 293.7 Acute: 126.6 _ _ _ _ _ Ch11ic:_ 155.2 WOS Acute emit only Exceeds acute emit, add limit, increase to q_ uarterly_ _ WOS Chronic Ilmlt only - Potential to exceed Chronic limit, add limit B.nro(a)andrae.rn C 0.0311 Dui PA ug/L 5 0 Note: n<12 Limited data 5.0 set Acute: NO WOS _ _ _ _ _ _ Chronic: 8.5- Federal BPT effieunt limits more stringent Apply BPT limits and include in Total PAH Part of PAH limit calculation (monthly average lb/day) 3.4.e.mlweranthen. C 0 otal P' ug1L 4 0 Note: n<12 Limited data 5.0 set Acute: NO WQS _ _ nic: _ _ _ _ - Chro_ 8.5 Federal BPT effleunt emits more stringent Apply BPT omits and include in Total PAH Part of PAH limit calculation (monthly average Ib/day) • B.nro(k)nuorendnn. C 0 otal PI uglL 5 0 Note: n<12 Limited data 5.0 set Acute: NO WOS _ _ _ _ _ - Chronic: 8.5- Federal BPT *Mount limits more stringent Apply BPT limits and include in Total PAH Part of PAH emit calculation (monthly average lb/day) B.nm(a)pyr.ne C 0 out PA ugIL 5 0 Note: n<12 Limited data 5.0 set Acute: NO WOS _ _ _ _ _ Chronic: 8.5 Federal BPT efflount limits more stringent Apply BPT limits and include in Total PAH Part of PAH limit calculation (monthly average lb/day) blb.ra(a,h)andwc.n. C 0 otal PP ug1L 0 0 NIA Acute: NO WOS _Ch-ronic_ __8___ _O_on_ p8A o_To_al WAFT __ __ ____ Pail of PAH limit calculation (monthly average lb/day) trd.rlo(1,2.3•.d)pyr.n. C 0 otal PI uglL 0 0 NIA Acute: NO WOS _ Ch_ _ _ronic: 8.5__ _ _ ---- ---'--_- WQS_ only. pa_101 Tot_ al FAIT Part of PAH limit calculation (monthly average lb/day) Methyl chloride NC 0.36 Fed GI 0.8 Ibsld 9 9 Note: n<12 Limited data 28.2 set Acute: 0.80 _ _ _ _ _ _ _ Monthly: 0.36 WOS: 149.12 Federal BPT effleunt limits more stringent Apply BPT emits Exceeds acute limit and chronic limits Malntlan quarterly monitoring Bb(2.thylexyt) phthalate C 0 Fad di 1.18 lbsld 8 8 Note: n<12 Limited data 64.3 set Acute: 1.18 _ _ _ _ Monthly: -_ 0.44 WOS: 17.99 Federal BPT eiileunt limits more stringent Apply BPT limits Exceeds acute limit and chronic limits Maintian quarterly monitoring 04ttbtlyl phthalate atate NC 9.5 WOS ItgIL 17 0 5.0 Acute: NO WOS _hro_ _ _ _ Cnic: 491.5_ Federal BPT effleunt limits more stringent Apply BPT tints Reduce monitoring to annually H.xachbrob.non. C 0.00 WOS uglL 5 0 Note: n<12 Limited data 5.0 set Acute: NO WOS _ _ _ _ _ _ Chronic: 0.79 Federal BPT effieunt limited parameter No acute WOS, apply daily B_PT limit _ _ _ _ _ _ WOS Chronic limit more stringent - Apply WOS Chronic limit 0 0 N/A Acute: NO WOS Chronic: � N1A _ ----_._._._._----�------------ 'Legend: C = Carcinogenic NC = Non -carcinogenic A = Aesthetic • Freshwater Discharge 4 • RPA 1010 001, rpa 3/2/2010 REASONABLE POTENTIAL ANALYSIS DuPont -Kinston NC0003760 Time Period Nov 2006-Mar 2009 Ow (MGD) 0.023 7010S (ds) 0 7010W (cfs) 0 3002 (cfs) 0 Avg. Stream Flow, QA (cfs) 0 Reeving Stream UT to Neuse River ♦ NO IWC% applies WWTP Class IV IWC (%6) @ 7Q10S N/A @ 701OW N/A @ 3002 N/A @ OA NIA Stream Class C, NSW Outfall 002 *QW=0.023MGD • average from DMR data (no permitted tow) ♦ PARAMETER TYPE tt) STANDARDS 3 CRITERIA (2) P0L Units REASONABLE POTENTIAL RESULTS RECOMMENDED ACTION Nc*VS/ cher* SFAVI Acute n •o.. MuPod cti Arawer.c>r Arsenic C 50 ugIL 0 0 N/A Acute: NIA Chronic: 50 No action required NoOow ----•-----------------• Beryllium C 6.5 ugll. 0 0 NIA Acute: NIA No action required -------•------------------ Cadmium NC 2 15 uglL 29 0 0.5 Acute: 15 _ _ --_-_ Chronlc: 2 Reduce to quarterly monitoring. no limits _ -------------•---•------- No flow Ail rdgs below POL Chromium NC 50 1.022 uglL 29 2 13.9 • Acute: 1,022 Chromic: 50 - Reduce to quarterly monitoring. no limits No Mary -------------------------- Highest rdg = 8 pgll Copper NC 7 AL 7.3 ug1L 29 0 5.7 Acute: 7.3 _ _-_ ___ Chronic: 7.0 Action level ow Reduce toquartertymonito• ring.—_—..........—.— --• No Il- - Alt rdgs below PQL Cyanide NC 5 N 22 10 uglL 0 0 N/A Acute: 22 _ _._ ___ Chronic: 5.0 No action required _ _.—.-----------------------• No low Ftuortde NC 1,800 uglL 0 0 N/A Acute: NIA _ _ ___ _ _ Chronic: 1,800.0 No action required __—.—.—.—.—.---_—__._.—.—_—. No flow Lead NC 25 N 33.8 uglL 29 2' 53.6 Acute: 33.8 ________-_____________--• Chronic: 25.0 Continue to use acute as daily max Exceeds chronlc (IWC 100%). highest Mg =13 pg/I Maintain compliance Mercury NC 12 2.0000 nglL 28 28 105.6480 Acute: NIA _ _ _ 12.0 Chronic: - Add EPA _2nd_limtl daily max average=chrontc limit--- - Exceeds titanic (IWC 100%). two rdg> 12 nVI Maintain compliance Molybdenum A 3.500 uglL 0 0 N/A Acute: NIA _ _ __ _ _ Chronic: 3,500.0 No action required __—_—_—.-----.—_—____•—•__—. No tow Nickel NC 88 261 ug/L 29 0 5.0 Acute: 261 Chronic: 88.0 Reduce to quarterly monitoring, no limits No ftow All rdgs below PQL Phenols A 1 N ugll. 0 0 NIA Acute: NIA _ _ __ _ _ Chronic: 1.0 - No action required _------------------•-------• No lbw Selenium NC 5.0 56 ugIL 29 0 1.5_--------------•----------- Acute: 56 Chronic: 5.0 Reduce to quarterly monitoring. no emits No fow All rdgs below P0L Silver NC 0.06 Al. 1.23 uglL 29 0 2.5 Acute: 1 _ _ _ Chronic:__ 0.06 Action level No change---------- ____ ------•—•—. No flow All rdgs below PQL Zinc NC 50 AL 67 uglL 29 29 430.7 Acute: 67 _ _ -_ _ _ chronlc: 50.0 Action Level NOch_ange_—_—.—•-------._•—_—___—• No flow Majority 0f rdgs above 50 pg/l • Legend: C = Carcinogenic NC = manic A = Aesthetic •• Freshwater Discharge nodes rpa 002, rpa 2/2612010 REASONABLE POTENTIAL ANALYSIS DuPont -Kinston NC0003760 Time Period Nov 2006-Mar 2009 Ow (MGD) 0.0021 7010S (cis) 0 7010W (dS) 0 3002 (cis) 0 Avg. Stream Flow, OA (cfs) 0 Reeving Stream Beaverdam Branch • • NO IWC% applies WWTP Class IV IWC (%) @ 7010S NIA @ 7010W NIA @ 3002 NIA @ OA NIA Stream Class C, NSW Outfall 003 * Qw = 0.0021 MGD ' average from DMR data (no permitted flow) PARAMETER TYPE (1) STANDARDS & CRITERIA (2) P0L Units REASONABLE POTENTIAL RESULTS RECOMMENDED ACTION novas, Monk %FAIN Acute a /pet Us Pnd L1v Alfanbb C. Arsenic C 50 ug/L 0 0 N/A Acute: N/A _ _ ___ ___ Chronic: 50 No action required _ _-.-----.-.-.-.---_-_-.-.-. No flow Berytttum C 6.5 ug/L 0 0 N/A Acute: N/A _ _ -_ __ Chronk: 6.5 No action required _--.-.-.-.-.-.-.-.-.-.-.-.-. No (low Cadmium NC 2 15 uglL 29 0 0.5 Acute: 15 •-__-_ Chronic: 2 Reduce to quarterly monitoring, no limits __-.-•-_-----_-_-•-•-•-•-_-- No flow All rdgs below POL Chromium NC 50 1 1.022 ug/L 29 3 21.6 Acute: 1.022 _ _ _ _ _ _ _ Chronk: 5 Reduce to quarterly monitoring, no timils _ _ -. No lbw -.-.-.-.-..... •-. .-.-.-.-.-. Highest rdg = 11 pg/1 Copper NC 7 AL 7.3 uglL 29 21 45.6 Acute: 7.3 _ _ _ _ _ _ _ Chronic: 7 1 Action level No change No 'now ---------------•-•-•------ Majority of rdgs above 7 pall Cyanide NC 5 N 22 10 ugIL 0 0 N/A Acute: 22 _ _ _ _ _ _ _ Chronic: 5.0 No action required _ _ ---------•-- No flow -----•-•------ Fluoride . NC 1.800 uglL 0 0 N/A Acute: N/A _ _ _ Chronic: • 1.800.0 No action required _ No Slow Lead NO 25 N 33.8 ug/L 29 25 45.0 Acute: 33.8 _______ Chronic: 25.0 Continue to use chronic as daily max ______ __ No flow. exceeds chronic (IWC 100%) hghesl rdg = 20 µ Maintain compliance Mercury NC 12 2.0000 ng1L 28 28 1974.6700 Acute: N/A _ _ _ _ _ _ Chronic: 12.0 Per E_PA 2nd Ifmit daily =chronic_ _ _ _ _ I. _ No flow , exceeds chronic (IWC 100%). 16 rigs, 12 ng11 Maintain compliance Molybdenum A 3.500 ug/L 0 0 NIA Acute: N/A _ _ _ Chronk: . 3.500.0_ No action required _ No flow •---------------•-------• Nickel NC 88 261 ug/L 29 0 5.0 Acute: 261 Chronic 88.0 Reduce to quarterly monitoring. no limits No flow -----------------•-•------ All rdgs below P0L Phenols A 1 N ug11. 0 0 N/A Acute: WA _ _ _ _ _ Chronic_: • 1.0 No action required _ No -flow -----------•-----.-•-----. Selenium NC 5.0 56 uglL 29 0 1.5 Acute: 56 _ _ ___ __ Chronk: 5.0 Reduce to quarterly monitoring. no limits _ No Slow -----------------•-•------ All rdgs below POL Silver NC 0.06 AL 1.23 ug/L 29 0 2.5 Acute: 1 _ _ _ _ _ Chronic: - 0.06 Action level No Change No lbw -----------•---•-•-•-•-• All rdgs below POL Zinc NC 50 AL 67 ug/L 29 29 1.127.8 Acute: 67 _ _ Chronk: 80.0 Actin level• No Change No flow---------------•------- Majority of rdgs above 50 µg/I • Legend: C = Carcinogenic NC a Non -carcinogenic A = Aesthetic '• Freshwater Discharge npdes rpa 003. rpa 2/26/2010 A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 26, 2010 Alex Torres Environmental and Safety Manager DuPont Kinston Plant P. O. Box 800 Kinston, NC 28502-0800 Dear Mr. Torres: Since your September 2009 letter, several issues and concerns you listed were corrected and will be implemented in the final permit. These are technical corrections and are not part of the public hearing process, the public hearing officers are aware of these corrections. The Fact Sheet will be amended accordingly. If requested we will email you a copy of the amended Fact Sheet. To address your letter the attached documents provide the corrected technical information including examples of the calculations. Where North Carolina water quality standards exists a comparison to the Federal BPT standard was made and the more stringent standard applied. We were able to use a new method to calculate the acute limit for Outfall 001 using the 1Q10 stream flow. The Division concurred with your process analysis that your processes are non-metal and non -cyanide, and met the requirement that removed compliance with Federal BPT standard for the metals and cyanide parameters in Subpart I. However, the Division evaluated the metals and cyanide data for potential compliance with North Carolina water quality standards. Your questions about Outfall 004, Outfall 005, and Outfall 006 were previously addressed in a September 2009 fetter from our Stormwater Group. r If you have any additional questions you can contact me at (919) 807-6396 or email ron.berrvc ncdenr.gov, Sincerely, Ron Berry NPDES East Group Attachments Cc Washington Regional Office/Surface Water Protection/AI Hodge (email cbpy) NPDES files 1617 Mail Service Center; Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6495 \ Customer Service: 1-877-623-6748 Internet: http: / / h2o.enr.state.nc.us / An Equal Opportunity \ Affirmative Action Employer Nne orthCarolina Naturally RESPONSE TO DUPONT SEPTEMBER 22, 2009 LETTER I. A re-evaluation of the WQS criteria applied in the draft permit resulted in corrections to the WQS factors. As a result permit limits for Subpart I parameters were recalculated applying the more stringent, Federal BPT-based standards or corrected WQS-based factors. Table I is a list of the Subpart I parameters whose limits changed from the recalculation and will be corrected in A. (2.) in the final permit: Table I: Corrected limits from recalculation • Parameter Monthly Average (lbs/day) Daily • Maximum (Ibs/day) Daily Maximum (µg/L) Acrylonitrile 0.41 1.02 Removed Anthracene No change 0.25 Removed Bis(2-ethylexyl) phthalate 0.44 1.18 Removed Carbon Tetrachloride 0.08 0.16 Removed 1,2-Dichloropropane 0.65 0.97 Removed 2,4-Dinitrotoluene 0.48 1.21 Removed 2,6-Dinitrotoluene 1.08 2.71 Removed Fluoranthene No change 0.29 Removed Hexachlorobenzene 0.02 0.12 Removed Hexachloroethane No change *0.23 Removed Tetrachloroethylene No change 0.24 Removed Vinyl Chloride 0.44 1.13 Removed Sample calculations (1) Stream data: 7Q10s = 283.1 cfs, 30Q10 = nd, QA = 1,514 cfs, 1Q10s = 229.4 cfs (2) Process wastewater = 0.507 MGD, permitted flow = 3.6 MGD (3) Calculate 7Q10s IWC% = (3.6 MGD x 1.55) + ((3.6 MGD x 1.55) + 283.1 cfs)) x 100% = 1.93% (4) Calculate QA IWC% = (3.6 MGD x 1.55) + ((3.6 MGD x 1.55) + 1514 cfs)) x 100% = 0.37% (5) Calculate 1Q10s IWC% = (3.6 MGD x 1.55) _ ((3.6 MGD x 1.55) + 229.4 cfs)) x 100% = 2.37% Carbon Tetrachloride (6) Federal BPT Subpart I, monthly factor = 18 µg/I, daily maximum factor = 38 µg/L (7) WQS Human Health, carcinogen, chronic = 1.6 µg/L, no acute (8) Calculate BPT monthly average = 18 µg/L x 0.507 MGD x 0.00834 = 0.08 lbs/day (9) Calculate BPT daily maximum = 38 µg/L x 0.507 MGD x 0.00834 = 0.16 lbs/day (10) Calculate WQS monthly average Human Health = 1.6 µg/L _ (0.37% + 100) x 3.6 MGD x 0.00834 = 12.98 lbs/day (11) BPT monthly more stringent, apply to permit (12) BPT daily maximum only parameter limit, apply to permit Antracene (13) Federal BPT Subpart I, monthly factor = 22 µg/I, daily maximum factor = 59 µg/L (14) WQS Human Health, non -carcinogen, chronic = 40 mg/L, no acute (15) WQS Aquatic Life, non -carcinogen, chronic = 0.05 µg/L , no acute (16) Calculate BPT monthly average = 22 µg/L x 0.507 MGD x 0.00834 = 0.09 lbs/day (17) Calculate BPT daily maximum = 59 µg/L x 0.507 MGD x 0.00834 = 0.25 Ibs/day (18) Calculate WQS monthly average Human Health = 40 mg/L + (1.93% _ 100) x 3.6 MGD x 8.34 = 62,225.9 Ibs/day (19) Calculate WQS monthly average Aquatic Life = 0.05 µg/L _ (1.93% + 100) x 3.6 MGD x 0.00834 = 0.08 Ibs/day (20) WQS monthly average Aquatic Life more stringent, apply in permit (21) BPT daily maximum only parameter, apply in permit Page 1 of 3 RESPONSE TO DUPONT SEPTEMBER 22, 2009 LETTER II. A re-evaluation of the WQS criteria applied in the draft permit resulted in corrections to the WQS factors. As a result the permit limits for Subpart I PAH-based parameters were recalculated applying the more stringent, Federal BPT-based standards or corrected WQS- based factor. The recalculated PAH-based parameters limits were then compared to the corrected WQS-based Total PAH limit for compatibility. Table II shows the limit changes from the recalculation for the PAH-based parameters limits and Total PAH limit and will be corrected in A. (2.) in the final permit: Table II: Corrected Total PAH and PAH-based parameters limits from recalculat'on Parameter Monthly Average (lbs/day) Daily Maximum (lbs/day) Daily Maximum (pg/L) Total PAH 0.25 8.41 Benzo(a)anthracene 0.09 0.25 3,4-Benzofluoranthene 0.10 0.26 Benzo(k)fluoranthene 0.09 0.25 Benzo(a)pyrene 0.10 0.26 Chrysene 0.09 0.25 Removed D i benz(a, h) a nth ra cene Indeno(1,2,3-ed)pyrene Sample calculation Total PAH (22) WQS Human Health, carcinogen, chronic = 0.0311 pg/L, no acute (23) Calculate WQS monthly average Human Health = 0.0311 pg/L _ (0.37% _ 100) x 3.6 MGD x 0.00834 = 0.25 lbs/day (24) WQS monthly average Human Health only criteria, apply in permit (25) EPA require WQS have dual limits, calculate WQS concentration -based daily maximum limit = 0.0311 pg/L _ (0.37% _ 100) = 8.41 pg/L, apply in permit III. The WQS requirements for acrolein have been corrected using both the North Carolina defined chronic and the acute standard. Since the receiving stream is not impaired for acrolein, the chronic limit was recalculated using the 7Q10s value and an acute limit was recalculated using the 1Q10s value. The recalculated limits were then compared for compatibility, and it was determined the recalculated acute limit would be the bases for both the monthly average and daily maximum limits. The EPA requires dual limits for WQS-based limits. Table III shows the acrolein limit changes from the recalculation and the change to monitoring frequency which will be corrected in A. (2.) in the final permit: Table III: Corrected acrolein limits and monitoring from recalculation Parameter Monthly Average (lbs/day) Daily Maximum (Ibs/day) Daily Maximum (pg/L) Measurement Frequency Acrolein 3.80 126.6 Quarterly Sample calculation Acrolein (26) WQS Aquatic Life, non -carcinogen, chronic = 3 pg/L, acute = 3 pg/L (27) Calculate WQS monthly average Aquatic Life = 3 pg/L + (1.93% _ 100) x 3.6 MGD x 0.00834 = 4.67 lbs/day (28) Calculate WQS daily maximum Aquatic Life = 3 µg/L _ (2.37% _ 100) x 3.6 MGD x 0.00834 = 3.80 Ibs/day (29) Monthly average value higher than daily maximum value, will apply daily maximum value to both monthly and daily limit Paget of 3 RESPONSE TO DUPONT SEPTEMBER 22, 2009 LETTER (continued from III) (30) Calculate daily maximum as concentration -based limit = 3 pg/L = (2.37% : 100) =126.6 µg/L (31) Monthly average limit, mass -based, defined by daily maximum limit, apply in permit (32) Daily maximum limit, concentration -based, apply in permit IV. Based on an inspection of the draft permit A. (2.) several additional technical corrections were warranted and will be made in the final permit as shown in Table IV: Table IV: Additional technical corrections for A. (2.) Parameter Monthly 1 Average (Ibs/day) Daily Maximum (Ibs/day) Daily Maximum (µg/L) Measurement Frequency DI-n-butyl phthalate No change 0.24 Annually 1,2-Dichlorobenxene 0.33 No Change No change V. All metals and cyanide monitoring was removed from A. (2.) as (1) processes meet non- metal/non-cyanide process federal criteria , (2) evaluation of data indicates no potential to exceed water quality standards, and (3) effluent is passing toxicity tests. Future metal and cyanide evaluations will be based on the Priority Pollutant Analysis (PPA) that will be required with subsequent permit renewals or based on division recommendations to address toxicity test failures. VI.The summary sheet for the EPA approved reasonable potential analysis (RPA) for Outfall 002 and Outfall 003 are attached. The RPA applies North Carolina defined water quality standards. No corrections were required. Page 3 of 3 s DuPont -Kinston NC0003760 Time Period Ow (MGD) 7010S (cfs) 7010W (cfs) 3002 (cfs) Avg. Stream Flow, QA (cfs) Rec'ving Stream REASONABLE POTENTIAL ANALYSIS Nov 2006-Mar 2009 0.023 0 0 0 0 UT to Neuse River f NO IWC% applies WWTP Class IV IWC (%) Q 7010S NIA 7010W NIA 3002 NIA @ QA NIA Stream Class C, NSW • Outfall 002 * Qw = 0.023 MGD ' average from DMR data (no permitted flow) PARAMETER TYPE Ill STANDARDS & CRITERIA (2) PQL Units REASONABLE POTENTIAL RESULTS RECOMMENDED ACTION NC IMQS I Chronk Y, FAV/ Acute n e set. Glee ProdCw Allowe6N Cw Acute: NIA No action required Arsenic C 50 ugIL 0 0 N/A _ _ ___ Chronic: ___ 50 _—-----.---_—_—.---___—. No flow _-- Acute: NIA No action required Beryllium C 6.5 ug/L 0 0 N/A _ _ ___ ___ _ _----.---------.---_—_---_—. Chronic: 6,5 No flow Acute: 15 Reduce to quarterly monitoring, no limits Cadmium NC 2 15 ug/L 29 0 0.5 _ _ _--____ .------------------------- Chronic: 2 No flow Alt rdgs below POL Acute: 1,022 Reduce to quarterly monitoring. no limits Chromium NC 50 1.022 ug/L 29 2 13.9 n Chronic: 50 No lbw 1 Highest rdg = 8 ug/I Acute: 7.3 Action level Copper NC 7 AL 7.3 ug/L 29 0 5.7 _ _ ___ Chronic: _ _ 7.0. Reduce toquaiertymonitortng. -_—_—.---_—_—.— No flow . -- Ail rdgs below POL Acute: 22 No action required Cyanide NC 5 N 22 10 ug/L 0 0 N/A Chronic: _ __ 5.0 No flaw —.—_—_—_—_—_—.—.—_—_—_ Acute: NIA No action required Fluoride NC 1,800 ug/L 0 0 NIA _ _ ___ _ _ _ ----.—.—.—.—.—.—_—_—_—.—_—. Chronic: 1.800.0 No flow Acute: 33.8 Continue to use acute as daily max Lead NC 25 N 33.8 ug/L 29 2 53.6 _____ _____________ __ _.—. Chronic: 25.0 Exceeds chronic (tWC 100%), highest rdg Ili Ngll Maintain compliance Acute: N/A Mercury NC 12 1 2.0000 ng/L 28 28 105.6480 _ . _ _ _ Add EPA_2nd limit, daily max average=chronic Ilmlt — _ —. Chro_nlc: 12.0 Exceeds chronic (IWC 100%), two rdg > 12 ng/I Maintain compliance Acute: WA No action required Molybdenum A 3.500 ug/L 0 0 N/A _ ___ _ _ _ _---_—_—_—_—_—_—_—.—.__—_—. Chronic: 3,500.0 No flow Acute: 261 Reduce to quarterly monitoring. no limits Nickel NC 88 261 ug/L 29 0 5.0 _ _ ___ _ _ _ _.—_—_—.—_—_—.—_—_—_—___—_—.. Chronic: 88.0 No flow Alt rdgs below POL Acute: N/A No action required Phenols A 1 N ug/L 0 0 NIA Chronic: 1.0 No flow Acute: 56 Reduce to quarterly monitoring, no limits Selenium NC 5.0 56 ug/L 29 0 1.5 ---------.—.--.......-------------------- Chronic: 5.0 No flow _ Alt rdgs below POL Acute: 1 Action Level . Silver NC 0.06 AL 1.23 ug/L 29 0 2.5 _ No change _ ___ Chronic: _ 0.06 No flow All rdgs below POL • Acute: 67 Action level Zinc NC 50 AL 67 ug/L 29 29 430.7 _ _ ._ _ _ Nochhangs.__—_—.—.—_—_—.—_—__.—.—, Chronic: 50.0 No flow Majority of rdgs above 50 lrgll Legend: C s Carcinogenic NC 2 Non -carcinogenic A Aesthetic " Freshwater Discharge • • • npdes rpa 002. rpa 2/26/2010 REASONABLE POTENTIAL ANALYSIS • • DuPont -Kinston NC0003760 Time Period Nov 2006-Mar 2009 Ow (MGD) 0.0021 7010S (cfs) 0 7010W (cfs) 0 3002 (cfs) 0 Avg. Stream Flow, QA (cfs) 0 Reeving Stream Bea serdam Branch NO IWC% applies WWTP Class IV lWC (%) ® 7010S NIA @ 7010W NIA @ 3002 NIA @ OA NIA . Stream Class C, NSW • Outfall 003 * Qw = 0.0021 MGD • average from DMR data (no permitted flow) PARAMETER TYPE f1) STANDARDS b CRITERIA (2) PQL Units REASONABLE POTENTIAL RESULTS RECOMMENDED ACTION NCMIS I Chronic 35FAY 1 Acute n 11 Out MsuProd Cyr A/o Cw Arsenic C 50 uglL 0 0 NIA Acute: NIA _ _ ___ ___ Chronic: 50 No action required _ _•—_—_—•—_—_—.—_---------_—. No flow Beryttium C 6.5 ug/L 0 0 NIA Acute: NIA _ _ _ _ No action required Cadmium NC 2 15 ug/L 29 0 0.5 Acute: 15 _ _ Chronic:.—.Z .— Reduce to quarterly monitoring. no limits No flow —.—.—.—.—.-------.—.—.—.—, All rdgs below POL Chromium NC 50 1,022 uglL " 29 3 21.6 Acute: 1.022 _ Chronic: -— 51 --N. Reduce to quarterly monitoring. no limits -------•---•-------•----- Highest rdg a 11 pgll Copper NC 7 AL 7.3 ug/L 29 21 45.6 Acute: 7.3 _ _ _ _ Chronic: • 71 Action level No change No flow ------------------•---•— Majority of rdgs above 7 pg/I Cyanide NC 5 N 22 10 ug/L 0 0 NIA Acute: 22 _ _ _ Chronic: 5.0 No action required Noflow---•---•---------------- Fluoride NC 1,800 ug1L 0 0 N/A _ Acute: NIA _C_ron__ 1_ _ hic: ,800.0 No action required -------------�—•—� No lbw— Lead NC 25 N 33.8 ugiL 29 25 45.0 Acute: 33.8 __ ___ __ Chronic: 25.0 Continue to use chronic as daily max _________ __ No lbw , exceeds chronic (IWC 100%), highest rdg a 20 p Maintain compliance Mercury NC 12 2.0000 ngfL 28 28 1974.6700 Acute: NIA _ _ __ _ _ Chronic: 12.0 Per EPA 2nd limit daily=chronic_ _ _ _ _ _ _ No flow , exceeds chronic (IWC 100%), 16 rdgs > 12 ngl� Maintain compliance Molybdenum A 3.500 uglL 0 0 N/A Acute: NIA _ _ _ _ _ Chronic: 3,500.0 No action required No flow----•-------•-------•---� Nickel NC 88 261 ug/L 29 0 5.0 Acute: 261 _C_ __ 88._ _ Reduce to quarterly monitoring. no Emits No flow -----------•------ ------ All rdgs below POL Phenols A 1 N ug/L 0 0 NIA Acute: N/A Chronic: 1.0 No action required No flaw-------•—•---------------� Selenium NC 5.0 . 56 uglL 29 0 1.5 Acute: 56 _ _ __ _ _ Chronic: a- Reduce to quarterly monitoring. no Emits No flow-------------------•--- AU rdgs below POL Silver NC 0.06 IL 1.23 ug/L 29 0 2.5, Acute: 1 _ •_ _ Chronic: 0.06 Action level NoCharge_—_—.—_—_—.—.,_----,—_—•— No flow All rdgs below POL Zinc NC 50 AL 67 ug/L 29 29 1,127.8 Acute: 67 _ -_ _—`NoChange_—_—.—_—_—_---•—.—,—.—.—. Chronic: 50.0 ,Majority Action level No flow of rdgs above 50 pgll • Legend: C s Carcinogenic NC = Non -carcinogenic A s Aesthetic " Freshwater Discharge • nodes rpa 003. rpa 2/26/2010 Permit NC0003760 response.non-metal bearing From: James R Proctor[James.R.Proctor@usa.dupont.com] Sent: Tuesday, December 01, 2009 4:04 PM To: Berry, Ron Cc: Bharat 0 Desai; Alex Torres subject: Permit NC0003760 response. Mr. Berry • This letter is to follow up the phone call on 12-1-2009. You and I talked on 11-30-2009 about the applicability of the facility process stream as being a metal bearing process. The rules covered under CFR 40 sec.414 subpart 1, and its appendices were reviewed. Mr. Desai , Mr.Torres , and myself agree that the process now at the facility does not meet the criteria under appendix A or B. The site thanks you for your help in this matter. Sincerely, James Proctor This communication is for use by the intended recipient and contains information that may be Privileged,confidential or copyrighted under in tended law. If you are not the recipient, you are hereby formally notified that any use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. unless explicitly and conspicuously designated as "E-Contract Intended", this e-mail does not constitute a contract offer,•a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. Francais Deutsch italiano Espanol Portugues Japanese Chinese Korean http://www.DuPont.com/corp/email_disclaimer.html Page 1 FW Acrolein From: Brower, Connie Sent: Monday, November 09, 2009 1:53 PM To: Berry, Ron Subject: FW: Acrolein From: Brower, Connie Sent: Monday, November 09, 2009 1:30 PM To: Matthews, Matt; Manning, Jeff; Bennett, Bradley; Gore, Deborah Cc: Clark, Alan; Moore, Sandra; Remington, Nikki Subject: Acrolein Matt, Jeff, Bradley and Deborah, On Sept 10, 2009, the US EPA published revised aquatic life protective National Recommended water Quality Criterion for Acrolein. This publication follows an update to the existing Human Health criterion for Acrolein published by Federal Register notice on June 10, 2009. Applicable values are noted here: Human Health (non -carcinogen, all Class C waters) = 9 ug/L Water Supply (non -carcinogen) = 6 ug/1 Aquatic Life, freshwaters only ='3 ug/l (acute and chronic)' Insufficient data exists for derivation of a saltwater criterion. where might this be encountered? Acrolein is as an intermediate in the manufacture of acrylic acid. Primarily, Acrolein is used as a herbicide/algicide in irrigation waters and drainage ditches; as a biocide in the control of algae, weeds, and mollusks in recirculating process water systems; as a slimicide in the paper industry; as a biocide in oil wells and liquid petrochemical fuels. It could be seen in industries providing leather tanning services, and at facilities producing methionine, which is a protein supplement used in animal feed. Ron Berry has a permit renewal in-house that will include these revised numbers, we appreciate his input and questions regarding the recent publications. By the end of this week, we will update the applicable tables on the website. They will be posted, along with revised information on the Triennial Review actions, to the Classifications and Standards website: http://h2o.enr.state.nc.us/csu/index.html Please notify your staff of the recent changes to the federal criterion for Acrolein. Additionally, please, let us know if you have questions or concerns. connie PLEASE NOTE: new e-mail address below! Connie Brower State Water Quality Standards Coordinator Division of water Quality NC Department of Environment and Natural Resources Archdale Building, Room 711J 512 N SALISBURY ST, RALEIGH NC 27604-1170 Page 1 Date: 9/25/09 `pip: rdb Descriptive narrative for DuPont Kinston NC0003760 E. I. DuPont de Nemou rs and Co, Inc. (formerly UNIFI-Kinston LLC) operates a majorissynthetic theti crafibers manufacturing facility at 4693 Highway l increasing sNC in Lenoir County. DuPont Y opting in the future from other on site unit ton, the bulk resin pellet line but anticipates it current NPDES permit was scheduled to expire by December 31, 2t007 and is operations. The facility outfalls permitted to discharges treated process water and stormwater thtroug n multiple compliance with requirements d tributaries and to the Neuse River in the Neuse River oBasin. the current permit to continue until a renewed for submitting a timely renewal application thus 9 permit is issued. consultant, Conestoga -Rovers & Associates, submitted a request for an extension I cation ano to UNIFI-KINSTON LLC application in July 2007, The renewalpP prepare the necessary documents and renewal the support documents wer e received in December 2007. During the initial permit renewalaprocess cat n was ownershiPchanged to DuPont and was finalized in June 2008. Because ndedoriginal resubmitted. Subsequent signed under UNIFI-Kinston LLC authority, the renewal andhad support documentation yielded a request for review by the Division of theurther ame dmmended lents. additional documentation and f any The Division determined that sufficient information was available to prepare a draft permit,it EPA requested ed information still pending will be obtained and evaluated before issuing 133.1021nal were followed to develop al standards 40 CFR Part 414, Subpart C, Subpart D►Permitted d stormwater I;art 40 discharges were developed using the industrial wastewater permitted discharges. EPA 2008 MSCP, EPA Federal standards 40 CFR Subchapter N, and the Neuse River TMDL. A joint industrial and stormwater draft permit was issued for public notice in August 13, 2009. In 2007 UNIFI-Kinston LLC sold a portion its nitrogen allocation to Johnston County Y and the differentown of Clayton. Because the nutrient sale involved the transfer of nitrogen poundage between transport zones, the exchange was based on the estuary value of the nitrogen. The DuPont -Kinston facility was added to the EPA watch list in April 2008 because of mercury violations in the previous quarter. In August 14, 2008 the EPA Region IV issued an NOI (309-2008-12) to UNIFI-Kinston LLC for nototal meliance in per mit limits for (1) methyl chloride, (2) bis-2-ethylhexyl-phthalate, (3) total cadmium, and (5) total lead. In December 22, 2008 the EPA Region IV issued an NOI to DuPont for non compliance in permit limits for total mercury. a In April 21, 2009 an administrative order was issued by the EPA Region IV to DuPont to P submit is CAP andy be in compliance with mercury limits for outfalls 001 and 002 by December 31, 2009.DuPont addressing the requirements in the administrative order. There were 31 compliance limit violations between 2004 and July 2009. The violations were: 3 violations for organic chemicals 8 violations for metals, excluding mercury 27 violations for mercury Since 200 4 there were 7 enforcement cases by the state. Fines were imposed, collected, and the cases closed. Datd: 9/29/09 Pb: rdb Information requested for DuPont Kinston NC0003760 and Benson WWTP NC0020389 1. Breakdown of 2004 - 2009 violations by outfall for DuPont Kinston NC0003760 Outfall 001: ➢ 3 events - organic chemicals exceeded compliance limit > 2 events - zinc exceeded compliance limit Outfall 002: > 1 event - cadmium exceeded compliance limit > 3 events - mercury exceeded compliance limit Outfall 003: > 5 events - lead exceeded compliance limit > 24 events - mercury exceeded compliance limit 2. SOC Application from DuPont Kinston NC0003760 received by DWQ March 13, 2009 for outfall 003 to eliminate groundwater infiltration. Application listed three phase construction and evaluation at the end of each phase. The SOC draft is currently being reviewed by Jeff and has a final construction completion date of January 2010 with mercury compliance by March 2010. There is a question of whether DWQ will issue the SOC since EPA has issued a consent order for the same mercury compliance issue. DuPont is moving forward with the construction. 3. Changes in Benson permit NC0020389: Summary of Changes in draft from current permit 1) Total Chromium Compliance Limits have been removed and Monitoring reduced to Monthly in this permit. Total Chromium is a pollutant parameter of interest. The RPA evaluation indicates no possible potential to exceed the water quality standard. Consequently, there is no justification to have compliance limits. But with the continued non -domestic contributor monitoring will remain at a reduced frequency. Terms and conditions exist to re -open this permit if the reported data warrants re-evaluation for compliance limits. 2) Total Nickel Compliance Limits have been removed and Monitoring reduced to Monthly in this permit. Total Nickel is a pollutant parameter of interest. The RPA evaluation indicates no possible potential to exceed the water quality standard. Consequently, there is no justification to have compliance limits. But with the continued non -domestic contributor monitoring will remain at a reduced frequency. Terms and conditions exist to re -open this permit if the reported data warrants re-evaluation for compliance limits. 3) A Total Mercury Compliance Limit has been corrected from a Daily Average to a Weekly Average and Monthly Average in this permit. Total Mercury is a chronic pollutant parameter and as such its compliance limit is subject to accumulative effects. Consequently, the compliance limit should be a weekly average. EPA guidelines require a monthly average. 4) A Special Condition, Total Nitrogen Allocations, has been added to this permit. This is an addition to further clarify the Total Nitrogen Allocation and its terms and conditions. 5) A Total Nitrogen Load Limit has been changed in this permit. As part of the approved trade the annual Total Nitrogen Load Limit will be reduced to 33,070 Ib/yr effective January 1, 2010. 6) A Total Residual Chlorine (TRC) footnote has been corrected in this permit. This is a correction to update the text to (1) clarify what compounds constitute TRC compliance and to (2) define reporting protocol in lieu of the recognized detection limit. 7) A Total Mercury test Method has been noted in this permit. This defines the Total Mercury measurement test requirement as Method 1631 E. Note Benson WWTP final permit NC0020389: The mercury weekly average compliance limits may go back to daily max limit as dictated by DWQ upper management. Except for clarification questions from the permittee no other comments to date. The thirty day public comment period ended September 22, 2009. Response to questions from James Proctor questions: 1. From where acrolein water quality standard comes from - EPA or State and what it is based on? Answer: Go to Web site: http://h2o.enrstate.nc.us/csu/index.html then under "Surface Water Standards Information", see tables and other information. 2. Explain how the computations in the Excel spreadsheet are made. Answer: The spreadsheet (1) calculates the Water Quality Standard (WQS) limits and the end of pipe Effluent Guidelines Standard (EGS) limits and then (2) compares the limits to determine which is more stringent. The more stringent limit is applied in the permit. In the permit WQS limits are listed as concentration limits (pg/l) while EGS limits are listed as mass limits (Ibs/day). To calculate the limits require: a. EGS for OCPSF, 40CFR 414, Subpart C, Subpart I b. NC published WQS standards c. process water MGD to be treated, 0.507 MGD d. permitted treatment MGD capacity, 3.6 MGD e. USGS data for the receiving stream, 7Q10s = 283.1 cfs, Flow average = 1.514 cfs, IWC = 0.019% f. Model data or TMDL data or River Basin Rules where applicable, NA in this spreadsheet Calculations: a. EGS limit = EGS ug/l/process water lbs/day x process water MGD x 0.00834 Ibs/µg/I- MGD EGS = 59 pg/l/process water lbs/day EGS limit = 59 x 0.507 x 0.0084 = 0.249 lbs/day b. WQS acute limit = WQS acute limit µg/I WQS acute limit = 51 µg/I c. WQS acute limit, lbs/day = WQS acute limit µg/I x permitted treatment MGD x 0.00834 Ibs/µg/I-MGD WQS acute limit, lbs/day = 51 x 3.6 x 0.00834 = 1.531 lbs/day d. WQS chronic limit = WQS chronic limit µg/I -: IWC%/100 (for non -carcinogen) pg/I WQS chronic limit = 60 µg/l _ 0.019/100 = 3104.1 µg/I e. WQS chronic limit, lbs/day = WQS chronic limit µg/I x permitted treatment MGD x 0.00834 lbs/µg/I-MGD WQS chronic limit, lbs/day = 3104.1 x 3.6 x 0.00834 = 93.197 Ibs/day 3. There are no human health water quality standards for metals listed on the North Carolina or EPA WQS tables. From where the human health water quality standards listed in the Excel spreadsheet come from? Answer: To comply with EPA requirements to imposed a second daily acute limit for metals that have chronic limits, NDCENR/DWQ developed a policy in 2002 that defined acute limits following EPA criteria. 4. Why dilution factor is not applied to compute limits based on human health water quality standards? Answer: Human health standards are considered acute standards by NCDENR/DWQ and therefore are applied as defined, no IWC dilution is allowed. 5. How are the water quality based effluent limitations calculated? - What river flow basis is used in the WQBEL calc for aquatic life (acute and chronic), human health ( fish consumption and fish consumption/water intake) Answer: Human Health is an acute standard. Aquatic life is a chronic standard and if discharging into a certified flowing stream then the appropriate USGS data is applied to calculate the permit chronic standard. 7Q10 summer is used to calculated the IWC% for non - carcinogen limits, 30Q2 is used to calculate the IWC% for aesthetic limits, and Q, average flow is used to calculate the IWC% for a carcinogen limit. See "Calculations" in Question 2 answer fro example. - How are the mixing zone determined for acute aquatic life, chronic aquatic life and human health Answer: See NC standards. 6. What is the basis for the acrolein aquatic life standard other aquatic life values for acute and chronic from EPA are higher Answer: See Question 1 answer. a Berry, Ron From: James R Proctor [James.R.Proctor@usa.dupont.com] Sent: Wednesday, September 09, 2009 5:04 PM To: ron.berry@ncdenr.govBETHANY.GEORGOULIAS Cc: Alex Torres; Bharat 0 Desai; J Bart Ruiter Subject: questions for NC0003760 permit draft Kinston DuPont Mr. Berry Here are some of the questions that you requested, before the meeting on Friday 10AM. We look forward to working with you on Friday. If you have any questions please call. 252-522-6443 1. From where acrolein water quality standard comes from - EPA or State and what it is based on? 2. Explain how the computations in the Excel speadsheet are made. 3. There are no human health water quality standards for metals listed on the North Carolina or EPA WQS tables. From where the human health water quality standards listed in the Excel spreadsheet come from? 4. Why dilution factor is not applied to compute limits based on human health water quality standards? 5. How are the water quality based effluent limitations calculated? - What river flow basis is used in the WQBEL calc for aquatic life (acute and chronic), human health ( fish consumption and fish consumption/water intake) - How are the mixing zone determined for acute aquatic life, chronic aquatic life and human health 6. What is the basis for the acrolein aquatic life standard other aquatic life values for acute and chronic from EPA are higher This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E-Contract Intended", this e-mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. Francais Deutsch Italiano Espanol Portugues Japanese Chinese Korean http://www.DuPont.com/corp/email disclaimer.html 1 4-1P010 CERTIFIED MAIL: 7008-3230-0003-3772-1259 RETURN RECEIPT REQUESTED Mr. Ron Berry NCDENR Division of Water Quality, Eastern NPDES DENR , WAI ER QUALITY 1617 Mail Service Center Raleigh, NC 27699-1617 DuPont Kinston Plant Hwy. 11 North PO Box 800 Kinston, NC 28502-0800 Sept 22, 2009 RECEIVED POINT SOURCE BRANCH Re: Draft Renewal Permit: NPDES Permit NC0003760 Dear Mr. Berry: The DuPont Kinston Manufacturing Site received a draft NPDES permit letter dated August 13, 2009 for the Dupont Kinston site. DuPont met with you, Bethany Georgoulias and Mike Templeton of NCDENR on September 11, 2009 to discuss the draft NPDES permit and fact sheet. DuPont could not determine in the NPDES permit and fact sheet how the non-OCPSF limitations and bench values were derived. The meeting was helpful but specifics on the reasonable potential calculations, derivation of water quality based effluent limitations and stormwater benchmark values were not discussed in sufficient detail. It is our understanding that the basis for the derivation of these values will be forthcoming. At the meeting we requested additional time to prepare our comments for which you provided until September 29, 2009. DuPont greatly appreciates this extension. Attached are DuPont comments on the draft NPDES permit and fact sheet. DuPont requests that NCDENR not finalize this permit to allow DuPont to have further discussion with department on how the limitations were derived, site specific criteria for acrolien and mercury, and implementation action levels of copper and zinc per NCDE R guidance "Implementation of Action Levels for Copper and Zinc in NPDES Permits October 25, 2000. If you have any questions or comments concerning this request, please feel free to contact me at 252-522-6538 or James Proctor @ 252-522-6443. I can also be reached by e-mail at Alex.Torresnusa.dupont.com Sincerely, Alex Torres Environmental and Safety Manager DuPont Kinston Plant CC: Bethany Georgoulias, DWQ Mike Templeton, DWQ E.I. du Pont de Nemours and Company DuPont Comments on NCDENR Draft NPDES Permit and Fact Sheet. September 22, 2009 General Comments: • CFR 124.56 Fact Sheet Regulations and 15A NCAC 02H.0108 Fact Sheets. In general the regulations require the permitting agency to document the basis of any proposed limitations such that the permittee will understand how the NPDES permit limitations are derived. Specifically 124.56 states ... fact sheets shall contain the following (a) Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions or standards for sewage sludge use or disposal, and reasons why they are applicable or an explanation of how the alternative limitations were developed. DuPont does not believe sufficient documentation exists in the NPDES permit and fact sheet on how the reasonable potential analysis was performed, how the water quality based limitations were derived and the basis for the using benchmark values. NCDENR provides good documentation on the derivation of the OCSF limitations such that an example calculation is provided. DuPont requests that the fact sheet be revised such that how each permit limitation is derived is transparent. • Compliance Schedule Requested for any proposed limitation that cannot be met. DuPont Kinston requests a compliance schedule of 36 months for options evaluation and implementation to assure consistent compliance with any limits or changes proposed for the first time. Specific Comments 1) Outfall 001 - Acrolein Daily Maximum Limit of 62 ug/l: fd113,J Yvxyo lgri i i" 12L,.(42 1L )(z.,1,)617,)10 DuPont request a site specific water quality criteria for acrolein using the recently EPA aquatic life value. Based on available past monitoring data, DuPont Kinston requests the State re- evaluate this limit based on the following information: • It is our understanding that the proposed daily maximum limit of 62.08 ug/1 is calculated based on a chronic aquatic life standard of 1.2 ug/l. The US EPA published national recommended final water quality criteria for acrolein as 3 ug/1 for protection of aquatic life on September 10, 2009 (Federal Register Vol. 74, No. 174, Thursday, September 10, 2009, Pages 46587-88). Based on this latest new information, an appropriate limit will be 155.2 ug/l. • DuPont Kinston treats acrolein containing wastewater by the best available technology known to it. There are three separate treatment technologies used for treatment — air stripping in packed column, followed by chemical treatment using sodium hypochlorite, followed by biological treatment using activated sludge process. 2) Outfall 001 - Copper Daily Maximum Limit of 7.3 ug/l (vs 362.1 ug/1 current permit): Zinc Daily Maximum Limit of 67 ug/1 . DuPont request that copper and zinc limitations be monitor and report only because DuPont Kinston has monitored Outfall 001 for chronic toxicity for the last 10 years on a quarterly monitoring frequency and has never observed any aquatic toxicity. The derivation and basis for these limitations were not provided in the fact sheet. The NCDENR's "Implementation of Action Levels for Copper and Zinc in NPDES Permits, October 25, 2000" proposed policy related to copper and zinc action level parameters outlines several alternatives to assess the action levels for copper and zinc in a permitee effluent. The proposed policy contains triggers for evaluation of the appropriateness of copper and zinc limits during the course of the standard permit renewal process. These triggers are based on 1) whole effluent toxicity monitoring data, and 2) a reasonable potential analysis incorporating total recoverable metals monitoring data and a prospective limit derived using a translator. The policy incorporates the use of accepted method for developing "site specific metals criteria" and/or TIES to determine if these two metals are potential sources of toxicity. DuPont has not had aquatic toxicity is present in the outfall. DuPont Kinston has monitored Outfall 001 for chronic toxicity for the last 10 years on a quarterly monitoring frequency and has never observed any aquatic toxicity. There has never been a failure observed on these quarterly tests. Data should be available in Central Files and Washington Regional office. Therefore, according to the proposed policy a limit should not be applied. 3) OutfalI 001 - Monthly Average Limit (lbs/day) for Chromium, Copper, Lead, Nickel, Zinc, and Cyanide: DuPont Kinston requests the State to delete the above limits based on the following information: The DuPont Kinston Sorona manufacturing operation is covered by the US EPA Organic Chemicals, Plastic, and Synthetic Fibers (OCPSF) effluent guidelines. Under these guidelines chromium, copper, lead, nickel, zinc, and cyanide discharges are regulated only for metal bearing streams identified by the guidelines. Sorona operation does not generate any metal bearing streams listed in the guidelines, so effluent guidelines listed for these parameters are not applicable. 4) Outfall 001 — Daily Maximum Limitations for Bis(2-ethylhexyl) phthalate, acrylonitrile, anthracene, carbon tetrachloride, 1,2-dichloropropane, 2,4-dinitrotoluene, 2,6-dinitrotoluene, fluoranthene, hexachlorobenzene, hexachloroehtane, tetrachloroethylene, total copper, total cyanide, total lead, total nickel, total zinc, vinyl chloride Total PAHs, chrysene and acrolein. DuPont requests the reasonable potential calculations and the basis and derivation of the permit limitations. It is unclear how the daily maximum limit and monthly average limits were derived. 5) Outfall 002 and 003 — Lead and Mercury Monthly Average and Daily Max Limitations. DuPont requests the reasonable potential calculations and the basis and derivation of the permit limitations for mercury and lead. The National Recommended Water Quality Criteria for mercury is 0.77 ug/1 chronic aquatic life and 1.4 ug/L acute aquatic life for freshwater. These values are an order of magnitude higher than the 0.012 ug/L limit imposed on outfalls 002 and 003. DuPont requests site specific criteria for these outfalls utilizing the National Recommended Water Quality Criteria as the basis for the mercury values. 6) Outfall 004, 005, and 006 — BOD, COD O&G, Total Copper, Total Lead Total Zinc mercury TKN, TN, TP, acrolein, allyl alchohol, carbon tetrachloride, chloroform, cobalt, formaldehyde, methylene chloride, propylene glycol, and tetrachloroethylene, DuPont requests the reasonable potential calculations and the basis and derivation of the bench mark values for these outfalls. It is unclear the origin and basis for some of the bench mark values. It appears that the water quality criteria and/or literature '/2 FAV aquatic life values are being applied for some of the parameters. What is the basis for using aquatic life (acute or chronic) '/2 FAV as the bench mark value? Templeton, Mike From: Hyatt.Marshall@epamail.epa.gov Sent: Wednesday, August 26, 2009 8:50 AM To: Templeton, Mike Subject: Re NC0030716 (Johnston Co. mod), NC0003760 (DuPont Kinston), and NC0025453 (Clayton Little Creek) draft NPDES permits After our review and discussion with you, EPA has concluded that the likelihood of hot spots resulting from these nitrogen trades is small because the Neuse River is free -flowing in the vicinity of the facility discharge points. Based on that determination, EPA has no comments on these draft permits. EPA does recommend that the fact sheet for each facility reflect this consideration. 1 AFFIDAVIT OF PUBLICATION NORTH CAROLiNA. Wake County. ) Ss. NOTICE OF PROPOSED NPDES PERMIT ISSUANCE AND RELATED PUBLIC HEARING TO BE HELD BY THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION SUBJECT: The North Carolina Environmental Management Commission proposes to issue the following NPDES wastewater discharge permits. The Commission is inviting public comment on the draft permits, and a public hearing has been scheduled 10 provide additional opportunity for comments: • Permit number NC0003760: E. I. DuPont de Nemours and Co., Inc. has applied for renewal of its permit for its Kinston Facility located near Kinston (Lenoir County) for the discharge of treated industrial wastewater into the Neuse River and the discharge of stormwoter and cooling water into Beaverdom Branch and unnamed tributaries. Currently, certain OCPSF parameters, mercury, total nitrogen, and total residual chlorine ore,water quality -limited parameters. • Permit number NC0030716: Johnston County has requested modification of its permit for the Central Johnston County Wastewater Treatment Facility located near Smith. field (Johnston County) for the discharge of treated municipal wastewater into the Neuse River. Currently, BOD, ammonia nitrogen, total nitrogen, and total residual chlorine are water quality -limited parameters. - Permit number N00025453: The Town of Clayton has applied for renewal of its permit for the Little Creek Wastewater Reclamation Facility located In Clayton (Johnston County) for the discharge of treated municipal wastewater into the Neuse River. Currently, BOD, ammonia nitrogen, total nitrogen, and total residual chlorine are water quality -limited parameters. All three permit actions include changes in nitrogen limits reflecting the transfer of nitrogen allocation among the permittees consistent with the Neuse River Basin Nutrient Management Strategy. • These discharges may affect discharge allowances in the watershed. PURPOSE: Each of these permittees has applied for renewal or modification of its NPDES permit far the discharge of treated Industrial (DuPont) or municipal wastewater into surface waters of the Neuse River basin. Significant changes in the permits include transfers of nitrogen allocation among the permittees. On the basis of preliminary staff review and application of Article21 of Chapter143, General Statutes of North Carolina, and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issuea NPDES permit for each facility subject to specific pollutant limitations and special conditions. The Director of the Division of Water Quality pursuant to NCGS 143.215.1(c) (3) and Regulation 15 NCAC 2H, Section .0100 has determined that it is in the public interest that a hearing be held to receive all pertinent public comment on whether to issue, modify, or deny the permit. PROCEDURE: Written comments regarding the proposed permit will be accepted until 30 days after the publish date of this notice. Please mail comments to the DWQ/ NPDES Unit, 1617 Moil Service Center Raleigh, NC 27699-1617. Additional comments may be submitted at the public hearing. The hearing will be conducted in the following manner: 1. An explanation of the North Carolina Environmental Management Commission's Permitting procedure will be presented by the Division of Water Quality. 2. An explanation of the action for which each permit is required may be mode by the applicant. 3. Public Comment • Comments, statements, data and other information may be submitted in writing prior to or during the hearing or may be presented orally at the hearing. Persons desiring to speak will Indicate this intent at the time of registration at the hearing. 5o that all persons desiring to speak may do so, lengthy statements may be limited at the discretion of the hearing officer. Oral presentations that exceed three minutes should be accompanied by three written copies, which will be f tied with Division stuff at the time of registration. 4. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. 5. The hearing record may be closed at the conclusion of the hearing, WHEN: September 29, 2009 at 7:00 p.m. WHERE: Wayne County Public Library Gertrude Weil Auditorium 1001 East Ash Street Goldsboro, North Carolina 27530 INFORMATION: A,copy of the draft NPDES permits and a map showing the locations of the discharges are available by writing or calling: Ms. Dina Sprinkle NC Division of Water Quality/ NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone number: (919) 807.6304 The applications and other. information are on file at the Division of Water Quality, 512 North Salisbury Street, Room 925 of the Archdale Building in Raleigh, North Carolina and at the Division's Raleigh Regional Office (3800 Barrett Drive in Raleigh) and Washington Regional Office (943 Washington Square Mall in Washington). They may be inspected during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments and requests regarding this matter Should make reference to the permit numbers) listed above. N&O: August 15, 2009 Before the undersigned, a Notary Public of Chatham County North Carolina, duly commissioned and authorized to administer oaths, affirmations, etc., personally appeared Debra Peebles, who, being duly sworn or affirmed, according to law, doth depose and say that she is Accounts Receivable Specialist of The News and Observer a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as The News and Observer, in the City of Raleigh , Wake County and State aforesaid, the said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina, and that as such she makes this affidavit; that she is familiar with the books, files and business of said corporation and by reference to the files of said publication the attached advertisement for NC DIVISION OF WATER QUALITY was inserted in the aforesaid newspaper on dates as follows: 08/15/09 Account Number: 73350833 he books and files of the aforesaid Corporation and publication. /1, Debra Peebles, Accounts Receivable Specialist Wake County, North Carolina Sworn or affirmed to, and subscribed before me, this 17 day of AUGUST , 2009 AD ,by Debra Peebles. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. frt, Janet Scroggs, Notary Public My commission expires 146' of March 2014. Date: 5/28/09 pb:rdb NC003760 Stormwater Outfalls Data Nov 2006 - Mar 2009 E. I. DuPont de Nemours - Kinston Facility Benchmark Monitoring Requirements - 2/year, once during April -June, once during September - November NC0003760 Outfall 004 Benchmark ► 7.3 67 1.1 33.8 30 30 30 120 2 Date Copper. ua/l Zinc. ua/I Silver. ua/1 Lead, uall BOD. ma/i TKN, mall NO2-N+NO3-N, mall TN. mall Oil & Grease. mall COD. mall TP, mall 11/16/2006 8000 16.500 0.000 0.000 1.000 7.490 0.028 7.518 0.050 34.000 0.074 6/16/2007 2.000 2.000 0.000 0.000 7.100 6.850 1.607 8.457 0.000 25.000 0.140 12/26/2007 0.007 0.090 0.003 0.005 1.000 2.420 0.242 2.662 2.500 25.000 0.319 5/20/2008 6.000 75:000 nd 10.000 10.000 1.730 2.154 3.884 6.000 10.500 0.382 9/26/2008 6.000 46.000 0.000 10.000 2.610 0.860 0.251 1.111 7.770 10.000 0.200 NC0003760 Outfall 005 Benchmark ► 7.3 67 1.1 33.8 30 30 30 120 2 Date Copper, pg/I Zinc, pg/l Silver, pg/l Lead, pg/I BOD, mg/I TKN, mg/I NO2-N+NO3-N, mg/I TN, mg/I Oil & Grease, mg/I COD, mg/I TP, mg/I 11/16/2006 7.000 26.000 0.000 0.000 1.000 3.920 0.172 4.092 0.050 111.000 0.579 6/16/2007 4.000 8.2.000' 0.000 0.000 12.800 11.900 1.635 13.535 6.700 25.000 1.170 12/26/2007 0.006 0.016 0.003 0.005 1.100 4.030 0.334 4.364 2.500 25.000 0.807 5/20/2008 5.000 11.000 nd 10.000 7.100 2.590 1.476 4.066 5.000 35.500 0.968 9/26/2008 4.000 10.000 0.000 10.000 4.000 0.500 0.440 0.940 5.680 41.500 0.988 NC0003760 Outfall 006 Benchmark ► 7.3 67 1.1 33.8 30 30 30 120 2 Date Copper. ua/I Zinc. ua/i Silver, mall Lead, ua/i BOD. mall TKN. ma/i NOS-N+NO,-N, ma/I TN. mall Oil & Grease. ma/i COD. mall TP. ma/i 11/16/2006 3.000 22.000 0.000 0.000 20.200 10.300 0.042 10.400 0.100 1 127 000 IA0 6/16/2007 0.000 11.000 0.000 0.000 23.500 24.200 0.075 24.275 0.000 25.000 1.600 12/26/2007 0.005 0.015 0.003 0.005 7.300 3.220 0.099 3.319 2.500 50.000 0.926 5/20/2008 2.000 16.000 nd 10.000 6.800 4.750 0.292 5.042 5.000 29.300 0.846 9/26/2008 6.000 15.000 0.000 10.000 9.570 4.320 0.093 4.413 5.000 47.800 1.820 Value exceeds benchmark, investigate for source Qualitative Monitoring Requirements - 2/year, once during April -June, once during September - November Color Odor Clarity, NC0003760 Outfall 004 no data/commentary NC0003760 Outfall 005 no data/commentary NC0003760 Outfall 006 no data/commentary Floating Suspended Solids Solids Foam Oil Sheen Trash/other Erosion in the Sedimentation in indicators of outfall vicinity the outfall vicinity stormwater pollution Page 1 of 2 Date: 5/28/09 pb:rdb 100 6-9 TSS. mall pH. s.u. Rainfall. in 3.000 7.200 0.300 19.000 7.630 0.850 5.000 7.300 0.500 20.000 7.180 0.650 7.000 7.540 1.900 Action SPPP Deferred Err Ck Ar not Ag, no action for Zinc NC003760 Stormwater Outfalls Data Nov 2006 - Mar 2009 E. I. DuPont de Nemours - Kinston Facility WQS = 0.050 mg/I Arsenic. ma/i 0.0018 100 6 - 9 Action TSS, mg/I pH, s.u. Rainfall, in SPPP Arsenic, mgll 10.000 6.600 0.300 48.000 6.860 0.850 Deferred 10.000 7.100 0.500 14.000 7.230 0.650 Err Ck As not Ag 0.0027. 4.000 6.810 1.900 100 6 - 9 Action TSS, ma/1 pH. s.u. Rainfall. in 1.1-biphenvl, IAA 2-methyiphenol, mall 4-methvlphenol. ua/I Dibenzofuran. up/1 SPPP Arsenic. mcq/l 14.000 7.320 0.300 0.000 14.000 0.000 0.000 Deferred 21.000 7.630 0.850 0.000 0.000 0.000 0.000 8.000 7.480 0.500 7.300 1.800 0.000 0.000 16.000 6.990 0.650 0.000 0.000 0.000 0.000 Err Ck Ar not Ag 0.0025 9.000 7.450 1.900 0.000 0.000 0.000 0.000 Page 2 of 2 NEUSE PERMITTING SUMMARY - NUTRIENTS NOV 2007 Penult Permits. Facility Su00Wn Tramped Fedor TNNRCA TN Aiken? TN Aileen Type Allocation Source t Dale Sauce PenNt TN Mo 1 Statue Tar *repo Taal Phosphate/ Hearings list (Tent.) Rewsatsd Estuary A2latn Discharge Alloc'n Effluent Limitation NonkoHnp Frequency Effluent Unit:don(.) Monitoring Frequency IWtr royr tM* 30,453 Cora Meek Man Ram , n* NA Arg P. NA 1Mak NC0003760 MN( helm LLC tkd Soldb Tom ofCleygt Said b Jdwbn Cm.* tk4SAhe/bn LLC 41955025451 b 400030715 30405 30402 30402 70% 50% 50% Y Y Y Y Y Y. Y. Base Decremernial Asdp4Oby Rule((1IM NCAC MB.0234) Scidto CYybn, N00025153 Scid b Jambn Coady, 1.30030116 12/7r97;a71103 6/30.5007 _ 12J2V2007 _ NA NC0025451P02 NO30030716.P0I Actin Active ACM 24.6$ .1,615 .1,645 35,103 .2,350 2,350 DecrenenY Tar Atxdons; Active 21.34 30..03 -23)5° 23 7v news NCNM pW 20060429.>M. summ2 1702000 .6, rL,t,),0,e - &-6 /0//o/or Ce 14,60 Jfc, 1uctu tr) n�N�> �+-Vie, uru Fi f� � �, fb clit if pet ( kviratuv g 0 ay . (AS .aLe) Mthe 6961,\Dx, ,eigiz c-(ryfi A /I6aigucce �. ONIP Ae odd bl/.1 ate-vv7(-7L- th- Ittc�. 681,e1+� a t )� wad he i4r at&A. h7 &kid c P\(),6 idd 7niih tyke 7L AtAor.1 irdL<J5 7L iLa2og-r-4-0' - No cvlo lout Ua-o 3fli t/c ou 11,-; j. /Lod A teud fre Acksi ti I./6d910 9# Ivtlin- c "a� Downstream Monitoring for DuPont -Kinston • Subject: Downstream Monitoring for DuPont -Kinston From: Jennie Atkins <jennie.atkins C ncmail.net> Date: Mon, 25 Aug 2008 12:02:31 -0400 To: Toya Fields <toya. fields C ncmail.net> Toya, This is'to follow up our recent discussion concerning the downstream monitoring requirement for the facility. Currently the permit requires occurs downstream monitoring occur one mile downstream of the discharge. A review of the permit folder does not provide any indications as to why one mile downstream was chosen. There appears to have been no modeling of the downstream DO sag due to the facility's discharge. For this reason and because of the difficulty in gaining access to the Neuse in this area, I ask that flexibility be added to the monitoring by removing the one mile requirement for downstream monitoring. Thank you, Jennie Jennie R. Atkins, Ph.D. Environmental Sciences Section NC Division of Water Quality 1621 Mail Service Center Raleigh, NC Phone: (919) Fax: (919) '512a10' 1�; s ws s s*1.4).7 27699-1621 743-8400 743-8517 4""--164-17 11 5*j.,JOLIA,5)k-cot41,1 rk-C 2- ). (L o.. cam, ses C.tt,�rC �� free • 1 of 1 8/29/2008 10:33 AM cF rr t 484- iNtre3J) 14 ‘e_kj wzrtss- (4trH, bsst--t4- 0-66G-1,.„,12.10 (LbHA_A- *t 1V..t,i*o G41COK, QL, ikek4-4:,-- LA-1 z. ix) cit, .07t_7"— (.13,4,),X c \KU e..k..Arws;X rOkt--4.4- r-rotoLtw-s. t4 \iv wrnd s Osz_ 53%11.1,Lzi,:=--- 1 6141 Xitrua-sik .513-1/4,3 cfiG.-1 1;ots ck-,,Att actek D4A3-1.61 °CPI f fz_sw6.-:X r vv.() aj,1/41 14,1- to-ur tv,k-t prvAijA 171\ &AN), Ptec Co0 Pry M MA NNW uIVIr1® UNIFI-KINSTON LLC. 4693 Hwy 11 North Kinston, NC 28502-0800 December 20, 2007 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Division of Water Quality NPDES Section 512 N. Salisbury Street Raleigh, North Carolina 27604 Attn: Mr. Mike Templeton Re: Renewal of Application for NPDES Permit No. NC0003760 Unifi Kinston LLC Post Office Box 800 Kinston, North Carolina 28502 Lenoir County Reference No. 45782 11 � ;.J I� DEC 2� o -vi;tnrFTL ff— SURFAC G `NfiER F �G7 � �: Unifi Kinston LLC (Unifi) is submitting this application for renewal NPDES Permit No. NC0003760 which originally became effective on March 10, 2003. Unifi recently prepared an Application for Permit Modification on November 9, 2005. The permit was subsequently reissued by the North Carolina Department of Environment and Natural Resources (NCDENR) on September 21, 2006 and became effective on November 1, 2006. EPA Forms 1, 2-C, and 2-F are attached pursuant to previous discussions with North Carolina Department of Environment and Natural Resources (NCDENR) staff. Form 3 is not required for this submittal as directed by NCDENR personnel pursuant to 15A NCAC 02H.0105(a). Based on our discussions, Unifi understands that the permit renewal does not involve major modifications. However, due to some potential future changes in operations and possible facility modifications, the Site may need to prepare a permit modification once these changes are in place. Unifi will continue to provide timely information regarding the status of the Facility as soon as these changes come into effect The request for renewal of the existing NPDES permit includes the following components: 1. Continue to operate the existing 3.6 MGD wastewater treatment facility consisting of: • influent catch basin with "Muffin Monster" solids grinder, • two (2) - one million gallon retention ponds; • one (1) - 3.6 million gallon aeration basin with two (2) 45HP aerators and thirteen g aerators, • two (2) - 90 ft. diameter secondary clarifiers, • two (2) sludge return lift stations, • chlorine contact basin (operation optional), • effluent flow measurement with recorder, • six (6) sand drying beds; 2. Continue to discharge treated process and sanitary wastewaters, remediated groundwater, treated steam condensate, treated landfill leachate, stormwater, and non -contact cooling water from Outfall 001; 3. Continue to discharge non -contact cooling water, steam condensate, and stormwater runoff from Outfall 002, and to continue to de -chlorinate at outfall002; 4. Continue to allow discharge of non -contact cooling water, steam condensate, and stormwater from Outfall 003, and to continue to de -chlorinate at outfall003; and 5. Continue to discharge stormwater to Outfalls 004, 005, and 006. 6. State that Unifi is permitted to employ the use of dechlorination tablets at Outfalls 002 and 003. NCDENR previously approved the use of dechlorination tablets at these locations on May 10, 2004. Unifi would also like to provide additional information regarding the projected trading or sales of its TN allocation for 2007. Based on the transport factor applied by the North Carolina Department of Water Quality (DWQ), 1645 pounds each are available for sale or trade to both the Town of Clayton and Johnson County at the Neuse River Estuary for a total of 3290 pounds. Similarly, the transport factor allows for the sale or trade of 2350 pounds each at the purchaser's discharge pipe for a total of 4700 pounds. Based on this information, the projected nitrogen sale or trade is either 3290 pounds at the Neuse River Estuary or 4700 pounds at the discharge pipe. To date, Unifi has sold or traded 1645 pounds at the Estuary to the Town of Clayton Little Creek WWTP, which was noted in our letter to you on July 10, 2007, and pending sale 1645 pounds at the Estuary to Johnston County, which has been discussed with you. Please direct any questions or information requests related to the NPDES renewal packet to the following: Conestoga -Rovers & Associates Attn: Mr. Jay Vincent 4215-I Stuart Andrew Boulevard Charlotte, NC 28217 (704) 676-0502 Best Regards, \iTh Vanish Green Plant Manager Unifi Kinston LLC (252) 522-6233 (e. V. Enclosed: Form 1; Form 2-F; Form 2-F Additional Information; Form 2-C; Table 1; and Figures 1, 2, 3, & 4 0 Michael F. Easley, Govemor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources t— y Coleen H. Sullins, Director Division of Water Quality December 19, 2007 Mr. Haywood Phthisic Johnston County Department of Public Utilities PO Box 2263 Smithfield, NC 27577 Mr. Vanish E. Green UNIFI Kinston, LLC PO Box 800 Kinston, NC 28501-0800 coPY Subject: Requests for Permit Modification and Renewal NPDES Permit NC0030716 Central Johnston County Regional WWTF Johnston County NPDES Permit NC0003760 • UNIFI Kinston WWTP Lenoir County Dear Mssrs. Phthisic and Green: The Division of Water Quality has reviewed the following documents regarding Johnston County's purchase of 1,645 lb/yr nitrogen estuary allocation from UNIFI Kinston, LLC: • The County's October 29, 2007, request for permit modification to increase its nitrogen discharge limit (active allocation) consistent with the purchase; • The County's check #42573 dated October 17, 2007 for the associated permit fee; • UNIFI's December 17, 2007 request for permit modification to reduce its nitrogen discharge limit consistent with its sale of allocation; and • A copy of the signed Agreement of Purchase and Sale. The Division finds the transfer of allocation to be consistent with the Neuse River Basin Nutrient Management Strategy for Wastewater Dischargers, T15A NCAC 02B .0234, and will prepare draft permits with the proposed modifications for public review. Action on UNIFI's permit (but not the Town's or County's permits) is contingent upon our receipt of UNIFI's application for permit renewal prior to the permit's December 29 expiration date. I have discussed with Mr. Ben Sirmons the implications of the permit expiring prior to re- application, and he assures me that UNIFI will submit its application prior to the expiration date. Division of Water Quality, Point Source Branch Telephone (919) 733-7015 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 FAX (919) 733-0719 512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http://h2o.enr.state.nc.us/ An Equal Opportunity/Affirmative Action Employer • NNorhCaro ina aturally Requests for Permit Modification and Renewal December 19, 2007 The Division intends to modify these permits and the Town of Clayton's permit in early 2008, to address both sales of allocation by UNIFI, and the permits will go to public review at the same time. Changes in the permits' nitrogen limits would become effective on January 1, 2009 at the earliest, that is, in the next full calendar year after permit issuance. If you have any additional questions concerning these permit actions, please contact me at (919) 733-5083, extension 541, or by email at mike.templeton@ncmail.net. Sincerely, Original signed by Michael E. Templeton Michael E. Templeton Copies: Mr. Ben Sirmons — UNIFI Kinston, LLC, PO Box 19109, Greensboro, NC 27419-9109 Mr. Steve Biggs — Town of Clayton, PO Box 879, Clayton, NC 27528 Mr. James C. Wrenn, Jr. — Hopper, Hicks & Wrenn, LLP, PO Box 247, Oxford, NC 27565 Mr. Dan Blaisdell, CG&L Section Raleigh Regional Office, Surface Water Protection Central Files NPDES Files 2 I NM MM a December 17, 2007 Mr. Mike Templeton N.C. Department of Environment and Natural Resources 1641 Mail Service Center Raleigh, NC 27699-1641 Mr. Templeton, DEC 2 1 2,i)07 OEMR • WATER QUAU1Y r'o'-lilts ra BRafL(CH UNIFI Kinston, LLC ("UK") has agreed to sell 1,645 Lbs/Yr of total nitrogen ("TN") allocation at the estuary to Johnston County, North Carolina ("the County") pursuant to the "Agreement of Purchase and Sale", a copy of which you should have received previously. Unifi Manufacturing, Inc., sole member and manager of UK, and the County's Board of Commissioners have both approved the transaction and the transaction will close upon receipt from the North Carolina Department of Environment and Natural Resources ("DENR") of a draft permit and/or other written communication indicating that DENR has determined to issue the modified NPDES Permit to the County including the above -described 1645 Lbs/Yr of TN allocation at the Estuary, either as reserved or available for immediate discharge. By this letter, UK verifies its contractual obligation to transfer the 1,645 Lbs/Yr of TN allocation at the estuary to the County and joins with the County's request that its NPDES permit be modified to reflect the transfer of 1,645 Lbs/Yr of estuary TN allocation to the NPDES Permit NC0030716 with 1,645 estuary Lbs/Yr of TN available for immediate use. Sincerely, Ben Sirmons, Assistant General Counsel Unifi Kinston, LLC 7201 W. Friendly Avenue. Greensboro, NC 27410- P.O. Box 19109 (27419-9109) Michael F. Easley, Governor State of North Carolina 0` rG William G. Ross, 3r., Secretary CO Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Mr. Steve Biggs Town of Clayton PO Box 879 Clayton, NC 27528 Mr. Vanish E. Green UNIFI-Kinston, LLC PO Box 800 Kinston, NC 28501-0800 August 23, 2007 Subject: Requests for Permit Modification and Renewal NPDES Permit NC0025453 Little Creek WWTP Johnston County NPDES Permit NC0003760 UNIFI-Kinston WWTP Lenoir County Dear Mssrs. Biggs and Green: The Division of Water Quality has reviewed the following documents regarding the Town of Clayton's purchase of 1,645 lb/yr nitrogen estuary allocation from UNIFI-Kinston, LLC: • Clayton's June 18, 2007 request for permit modification to increase both its nitrogen discharge limit (active allocation) and its reserve allocation consistent with the purchase; • Clayton's August 15, 2007 check #070599 for the associated permit fee; • UNIFI's July 10, 2007 request for permit modification to reduce its nitrogen discharge limit consistent with its sale of allocation; and • by letter of July 10, 2007, a copy of the signed Agreement of Purchase and Sale and the First Amendment. The Division finds the transfer of allocation to be consistent with the Neuse River Basin Nutrient Management Strategy for Wastewater Dischargers, T15A NCAC 02B .0234, and will prepare draft permit modifications for public review. Please note that the uncertainties surrounding UNIFI's decision to halt production later this year may delay action on both permits until early 2008. In that case, although the nitrogen transaction may be completed in the coming weeks, the change in the permits' nitrogen limits would not become effective until January 1, 2009 (that is, the next full calendar year). Division of Water Quality, Point Source Branch Telephone (919) 733-7015e Carolina 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 FAX (919) 733-0719 g ra��� 512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http://h2o.enr.statenc.us/ 7►7 An Equal Opportunity/Affirmative Action Employer Requests for Permit Modification and Renewal August 23, 2007 If you have any additional questions concerning these permit actions, please contact me at (919) 733-5083, extension 541, or by email at mike.templeton@ncmail.net. Sincerely, Mict'rael E. Templeto Copies: Mr. Ben Sirmons, UNIFI-Kinston Mr. James C. Wrenn, Jr. — Hopper, Hicks & Wrenn, LLP, PO Box 247, Oxford, NC 27565 Mr. Dan Blaisdell, CG&L Section Raleigh Regional Office, Surface Water Protection Central Files NPDES Files 2 I NM II/I vnrlrlo July 10, 2007 Mr. Mike Templeton N.C. Department of Environment and Natural Resources 1641 Mail Service Center Raleigh, NC 27699-1641 Mr. Templeton, _ a _ i kIl' t\O _�i�M aN3a LOOZ E 1 1(10 UNIFI Kinston, LLC ("UK") has agreed to sell 1,645 Lbs/Yr of total nitrogen ("TN") allocation at the estuary to the Town of Clayton ("Clayton") pursuant to the "Agreement of Purchase and Sale" and the "First Amendment to the Agreement of Purchase and Sale," copies of which you should have received previously from the Town. Unifi Manufacturing, Inc., sole member and manager of UK, and the Town of Clayton Board of Commissioners have both approved the transaction and the transaction will close upon receipt from the North Carolina Department of Environment and Natural Resources ("DENR") of a draft permit and/or other written communication indicating that DENR has tentatively determined to issue the modified NPDES Permit to the Town of Clayton including the above -described 1645 Lbs/Yr of TN allocation at the Estuary either as reserved or available for immediate discharge. By this letter, UK verifies its contractual obligation to transfer the 1,645 Lbs/Yr of TN allocation at the estuary to Clayton and joins with Clayton's request that Clayton's NPDES permit be modified to reflect the transfer of 1,645 Lbs/Yr of TN allocation to Clayton's NPDES Permit with 715.50 estuary Lbs/Yr of TN available for immediate use and the remaining 934.50 estuary Lbs/Yr of TN added to the permit in reserve. Sincerely, \CANAILO. YLLe,) Vanish E. Green, Site Manager Unifi Kinston, LLC 4693 Highway 11 North, Kinston, NC 28501- P.O. Box 800 (28501-0800) —"AGREEMENT OF PURCHASE AND SALE 6E;dR -WATER QUALM ;td; TOURCE B. NCH THIS AGREEMENT OF PURCHASE AND SALE ("Agreement") is made and entered into as of the Effective Date set forth on the signature page of this Agreement, by and between JOHNSTON COUNTY, a body politic and corporate organized under and virtue of the laws of the State of North Carolina ("Purchaser") and UNIFI KINSTON, LLC, a limited liability company organized under and by virtue of the laws of the State of North Carolina ("Seller"). RECITALS A. Seller is the owner of a certain annual mass loading limit for total nitrogen ("TN Allocation") according to the Neuse River Basin Nutrient Sensitive Waters Management Strategy: Wastewater Discharge Requirements adopted by the North Carolina Environmental Management Commission ("EMC") in 15A NCAC 2B.0234 which Seller acquired when it purchased its polyester spinning plant located on NC Highway 11 in Grifton, North Carolina from lnvista Sa'r.l. B. Seller desires to sell 1,645 pounds at the Estuary of said TN Allocation (Seller's "Offered TN Allocation") (which is 3,290 pounds per year at the end of Purchaser's discharge pipe based on the transport factor applied by the North Carolina Division of Water Quality ("DWQ")). C. Purchaser has determined that it is in the best interests of its rate payers to acquire the Offered TN Allocation offered for sale by Seller to facilitate the future expansion of its waste water flow. Seller has determined that it no longer has a need for that portion of the Offered TN Allocation it has offered to sell and that it is in its best interest to sell the same. NOW, THEREFORE, for and in consideration of the foregoing recitals, the mutual promises and covenants contained herein, and the earnest money referred to below, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I: PURCHASE OF PORTION OF SELLER'S TN ALLOCATION 1.1. Purchase of Portion of Seller's TN Allocation. Seller hereby agrees to sell and Purchaser agrees to purchase Seller's Offered TN Allocation, together with all Seller's rights to and uses for said Seller's Offered TN Allocation. ARTICLE II: PURCHASE PRICE 2.1 Purchase Price. The Purchase Price ("Purchase Price") of the Seller's Offered TN Allocation shall be EIGHT HUNDRED SEVEN THOUSAND THREE 1 HUNDRED SIXTY SIX AND NO/100 ($807,366.00) DOLLARS which shall be payable in cash at closing on the terms set forth hereinbelow. 2.2 Reduction in Seller's Allocation. The Purchase Price is based upon the Seller being able to transfer to Purchaser at closing an allocation amount of 1645 Lbs/Yr of TN at the Estuary in compliance with the requirements set out in this Agreement. In the event Seller is unable for any reason to transfer an allocation of 1645 Lbs/Yr of TN at the Estuary, Purchaser shall have the right, in its sole discretion, to terminate this agreement or proceed with the purchase of such lesser number of Lbs/Yr as Seller is then able to transfer at a Purchase Price to be calculated based on FOUR HUNDRED NINETY AND 80/100 ($490.80) DOLLARS per pound, which Purchase . Price shall be paid in cash at closing as set forth hereinbelow. ARTICLE III: EARNEST MONEY; ESCROW AGENT 3.1 Earnest Money. Purchaser shall pay to the Seller, the sum of TEN THOUSAND AND NO/100 ($10,000.00) DOLLARS by check, wire transfer or other legal tender as the initial earnest money ("Initial Earnest Money") in connection with the transaction contemplated hereby, payable within three (3) calendar days after the Effective Date. 3.2 Seller's Responsibilities. Seller is hereby authorized and directed to hold all Earnest Money in its general operating account, but designated on its records as restricted and subject to return to the Purchaser if this transaction is not completed. The Earnest Money shall be retained or refunded, as the case may be, in accordance with the terms of this Agreement and shall be applied as a credit to Purchaser against the Purchase Price at Closing. ARTICLE IV: CLOSING DATE; CLOSING DOCUMENTATION; PRORATIONS 4.1. Closing. The closing of the purchase shall occur at the offices of the Johnston County Manager (Purchaser's attorneys) in Smithfield, North Carolina (or at such other location in Johnston County, North Carolina as may be determined mutually by the Purchaser and Seller), at a date and time mutually agreed upon by the parties, but within seven (7) calendar days following receipt from DENR pursuant to 15A NCAC 2H.0107(c) of a draft permit and/or other written communication indicating that DENR has determined to issue the revised NPDES Permit to the Purchaser including the above -described 1645 Lbs/Yr of TN allocation at the Estuary (the "Regulatory Approval"). In no event shall the Seller be obligated to close if the Regulatory Approval is not obtained by Purchaser and the transaction completed on or before December 31, 2007. 2 4.2 Closing Documentation. 4.2.1 Evidence of Authority. At or prior to Closing, each party shall deliver to the other party appropriate evidence to establish the authority of such party to enter into and close the transaction contemplated hereby, including such documentation as reasonably required by Purchaser to satisfy Purchaser that Seller has the legal right to transfer said Offered TN Allocation to Purchaser (the "Legal Authorizations"). 4.2.2 Payment of Purchase Price. At Closing, Purchaser shall pay to Seller the Purchase Price minus the Earnest Money, which shall be credited by Seller to the Purchase Price and retained without further restriction. 4.2.3 Bill of Sale and Additional Documentation. Seller shall deliver to Purchaser at Closing a Bill of Sale and the parties shall also execute and deliver at Closing any other documents reasonably identified by Purchaser or Seller as necessary or appropriate to complete and evidence the transaction contemplated hereby. ARTICLE V: CONDITIONS PRECEDENT The obligations and liabilities of the Parties hereunder shall be in all respects conditioned upon satisfaction of each of the following conditions precedent, the failure of any of which, unless waived by such Party, shall entitle that Party, in addition to its other rights and remedies provided in this Agreement, if any, to terminate this Agreement by written notification given to the other Party on or before the Closing Date. Upon such termination due to failure of Seller to be able to complete the transaction, Purchaser shall be entitled to return of the Earnest Money then being held by Seller. Termination by Seller due to Purchaser's default (including, but not limited to failure to close on or before December 31, 2007 other than due to conditions or circumstances set forth in Section 5.1) shall entitle Seller to retain the Earnest Money as liquidated damages. 5.1 As To Purchaser. a. Authorizations and Approvals. The Purchaser shall have obtained. the Regulatory Approval and Purchaser shall have obtained assurances to its reasonable satisfaction that Seller has the requisite legal authority to complete the transaction contemplated herein. b. No Change in Seller's TN Allocation. Seller shall hold the entire Offered TN Allocation, provided, however, that in the event the Offered TN Allocation is at that time fewer than 1645 Lbs/Yr at the Estuary, Purchaser, in its sole discretion, may close the purchase as described in Paragraph 2.2 herein. c. Change in Laws. There shall have been no change in statutes or regulations and no administrative or legal decision or opinion by any court or any administrative agency materially affecting Purchaser's ability to acquire, hold, and use Seller's Offered TN 3 Allocation for the purposes described herein, or affecting Seller's ability to transfer Seller's Offered TN Allocation. d. Accuracy of Representations and Warranties. All representations and warranties made by Seller in this Agreement shall be true and accurate in all material respects. 5.2 As To Seller. a. Authorizations and Approvals. The Seller shall be satisfied as to the content and scope of Purchaser's Regulatory Approval and that Purchaser has the requisite legal authority to complete the transaction contemplated herein. b. No Change in Seller's TN Allocation. At the contemplated time for closing, if the Offered TN Allocation Seller is able to sell and convey is less than 1645 Lbs/Yr at the Estuary, or Seller is otherwise prevented from completing this transaction as contemplated, Seller, in its sole discretion, may terminate the transaction or if authorized by applicable governmental authority, close the purchase as described in Paragraph 2.2 herein. c. Change in Laws. There shall have been no change in statutes or regulations and no administrative or legal decision or opinion by any court or any administrative agency • materially affecting Seller's ability to sell the Offered TN Allocation for the purposes described herein, or affecting Seller's ability to transfer Seller's Offered TN Allocation. d. Accuracy of Representations and Warranties. All representations and warranties made by Purchaser in this Agreement shall be true and accurate in all material respects. e. Seller shall have received approvals satisfactory to it that its lenders have consented to and authorized the transaction and its completion as herein contemplated. ARTICLE VI: REPRESENTATIONS AND WARRANTIES OF SELLER To induce Purchaser to enter into this Agreement and to purchase the Offered TN Allocation, Seller hereby makes the representations, warranties and covenants set forth in this Section, upon each of which Seller acknowledges and agrees that Purchaser is entitled to rely and has relied. 6.1 Authority. Seller has corporate power and authority to execute, deliver and perform its obligations under this Agreement and this Agreement has been duly authorized, executed and delivered by Seller, constitutes the valid and binding agreement of Seller and is enforceable in accordance with its terms. 6.2 Organization. Seller is duly organized and validly existing under the laws of North Carolina and in good standing. 4 6.3 No Default — Laws or Other Agreements. The execution and delivery of and the performance by Seller of its obligations hereunder do not and will not contravene, or constitute a default under, any provisions of applicable law or regulation, or any agreement, judgment, injunction, order, decree or other instrument binding upon Seller or result in the creation of any lien or other encumbrance on any asset of Seller. 6.4 No Adverse Legal Proceedings. To Seller's knowledge, there is no action, suit or proceeding pending or known to be threatened against or affecting Seller in any court or before any arbitrator or before any governmental body which: (a) in any manner raises any questions affecting the validity or enforceability of this Agreement or any other agreement or instrument to which Seller is a party or by which it is bound and that is to be used in connection with, or is contemplated by, this Agreement; (b) could adversely affect the ability of Seller to perform its obligations hereunder, or under any document to be delivered pursuant hereto; or (c) could adversely affect the Offered TN Allocation or the use or purposes thereof. Seller has not filed a petition or an answer seeking reorganization or an arrangement with creditors or to take advantage of any insolvency or bankruptcy law. ARTICLE VII: REPRESENTATIONS AND WARRANTIES OF PURCHASER To induce Seller to enter into this Agreement and to sell the Property as herein provided, Purchaser hereby makes the representations and warranties set forth in this Section, upon each of which Purchaser acknowledges and agrees that Seller is entitled to rely and has relied. 7.1 Authority. This Agreement has been duly executed and delivered by Purchaser, constitutes the valid and binding agreement of Purchaser and is enforceable in accordance with its terms. 7.2 No Default — Laws or Other Agreements. The execution and delivery of and the performance by Purchaser of its obligations hereunder do not and will not contravene, or constitute a default under, any provisions of applicable law or regulation, or any agreement, judgment, injunction, order, decree or other instrument binding upon Purchaser or result in the creation of any lien or other encumbrance on any asset of Purchaser. ARTICLE VII1: SELLER'S COVENANTS 8.1 Cooperation With Purchaser. Seller shall cooperate with and assist, and shall take no action that might impede, Purchaser in obtaining the Legal Authorizations and Regulatory Approvals, provided that Seller shall not be obligated to incur any expense in doing so. 8.2 Maintenance of TN Allocation. Seller shall use commercially reasonable efforts to maintain and avoid loss of any of Seller's Offered TN Allocation, and shall take 5 no action that might reduce its value. In the event Seller becomes aware of any action or event that potentially may cause Toss, totally or partially, of Offered TN Allocation, Seller shall promptly notify Purchaser of such action or event. ARTICLE IX: PURCHASER'S COVENANTS 9.1 Governmental Approvals. Purchaser shall submit its request to modify its NPDES Permit to DENR as soon as possible after the Effective Date, but in no event later than November 15, 2007 in order to obtain the Regulatory Approval and shall use its best efforts to obtain its Legal Authorization on or before December 15, 2007. The failure of DENR to issue the Regulatory Approval described in Paragraph 4.1 on or before December 31, 2007 shall not constitute an event of default for either party, but shall afford either party the ability to elect to terminate this Agreement under Article V hereof as an unsatisfied Condition Precedent. ARTICLE X: REMEDIES ON DEFAULT 10.1 Default by Purchaser. In the event of a default or other failure to perform hereunder by Purchaser of any of the terms, conditions and provisions of this Agreement prior to closing, Seller, upon written notice to Purchaser, may terminate this Agreement and retain the Earnest Money paid by Purchaser hereunder plus obtain from Purchaser any attorney fees and related costs incurred by Seller in connection with this transaction as liquidated damages and in full and complete satisfaction of any and all claims of damages or causes of action that Seller may have against Purchaser. The parties hereby acknowledge that the actual damages of Seller would be difficult to ascertain. 10.2 Default by Seller. In the event of a default or other failure to perform hereunder by Seller of any of the terms, conditions and provisions of this Agreement prior to closing, Purchaser, upon written notice to Seller, may terminate this Agreement and receive from Seller the Earnest Money paid by Purchaser hereunder plus any additional costs of issuance including, but not limited to, bank fees, attorney fees and related costs, as liquidated damages and in full and complete satisfaction of any and all damages or causes of action that Purchaser may have against Seller. The parties hereby acknowledge that the actual damages of Purchaser, other than as set out hereinabove, would be difficult to ascertain; except that in the event Seller sells or otherwise transfers to a person other than Purchaser all or any part of the Offered TN Allocation during the term of this Agreement or after receiving from Purchaser notice of intention to close under Section 4.1 herein refuses to transfer the Offered TN Allocation to Purchaser according to the terms of Article V of this Agreement, Purchaser may seek through a proceeding in equity specific performance of Seller's obligations under this Agreement. ARTICLE XI: NOTICE Notices given pursuant to this Agreement shall be in writing, delivered in person, or by a nationally recognized overnight delivery service — next business day delivery (e.g. 6 6 Federal Express or like carrier) and shall be deemed effective upon the date received via personal delivery or overnight delivery service. Each party hereto may change the address to which Notices to it should be sent by notice given to the other party as provided herein. The addresses of the parties to which notice are to be sent shall be those set forth on the signature page of this Agreement. ARTICLE XII: MISCELLANEOUS 12.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and it is understood and agreed that all undertakings, negotiations, representations, promises, inducements and agreement heretofore entered into between these parties are superseded hereby. This Agreement may not be changed orally, but only by an agreement in writing signed by both Purchaser and Seller. 12.2 Waiver. No waiver of any of the provisions to this Agreement shall be valid unless in writing and signed by the party against whom it is sought to be enforced. 12.3 Assignment and Succession. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. Closing shall not terminate the obligations of the parties that are by their terms intended to survive closing. 12.4 Severability. If any article, section, phrase or portion of this Agreement is, for any reason, held or adjudged to be invalid, illegal or unenforceable by any court of competent jurisdiction, such article, section, phrase, or portion so adjudged will be deemed separate, severable and independent and the remainder of this Agreement will be and remain in full force and effect and will not be invalidated or rendered illegal or unenforceable or otherwise affected by such adjudication, provided the basic purpose of this Agreement and the benefits to the Parties are not substantially impaired. 12.5 Governing Law. The provisions of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of North Carolina. 12.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. 12.7 No Third Party Beneficiaries. The provisions of this Agreement pursuant hereto shall not impart rights enforceable by any person or entity not a Party or not a permitted successor or assignee of a Party bound to this Agreement and shall not create, or be interpreted as creating, any standard of care, duty or liability to any person not a Party hereto. 7 IN WITNESS WHEREOF, the parties have caused this Agreement to become effective as of the date of signing by the last party to execute this Agreement, as indicated by the dates appearing next to the signatures below, the Effective Date. PURCHASER Johnst of sty BY: Rick . H rrty Manager Date: October30, 2007 Address: SELLER: UNIFI KINSTON, LLC BY: Thomas H. Caudle, Vice President Date: .Q Leber T 2007 Address: 7201 West Friendly Avenue Greensboro, NC 27410 Witness: 8 1 - 11/I (Awn® wrn® June 20, 2007 Mr. Mike Templeton N.C. Department of Environment and Natural Resources 1641 Mail Service Center Raleigh, NC 27699-164 i Mr. Templeton, II fil ..JLJ JUN 2 5 2007 i ---- -- --1 - UNIFI Kinston, LLC ("UK") has agreed to sell 1,645 Lbs/Yr of total nitrogen ("TN") allocation at the estuary to the Town of Clayton ("Clayton") pursuant to the "Agreement of Purchase and Sale" and the "First Amendment to the Agreement of Purchase and Sale," copies of which you should have received previously from the Town. Unifi Manufacturing, Inc., sole member and manager of UK, and the Town of Clayton Board of Commissioners have both approved the transaction and the transaction will close upon receipt from the North Carolina Department of Environment and Natural Resources ("DENR") of a draft permit and/or other written communication indicating that DENR has tentatively determined to issue the modified NPDES Permit to the Town of Clayton including the above -described 1645 Lbs/Yr of TN allocation at the Estuary either as reserved or available for immediate discharge. By this letter, UK verifies its contractual obligation to transfer the 1,645 Lbs/Yr of TN allocation at the estuary to Clayton and joins with Clayton's request that Clayton's NPDES permit be modified to reflect the transfer of 1,645 Lbs/Yr of TN allocation to Clayton's NPDES Permit with 715.50 estuary Lbs/Yr of TN available for immediate use and the remaining 934.50 estuary I.I1s/Yr of 'IN added to the remit- in reserve. Sincerely, Ben Sinnons, Assistant General Counsel Unifi Kinston, LLC 7201 W. Friendly Avenue, Greensboro, NC 27410- P.O. Box 19109 (27419-9109)