HomeMy WebLinkAboutNC0065099_Owner (Name Change)_20100113NPDES DOCUMENT 1;CANNINO COVER !;I1EET
NPDES Permit:
NC0065099
CPI Southport
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
.04411
,
Owner Name Change,..
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
January 13, 2010
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2010
ELTON E GIBBS
GENERAL MANAGER
CPI USA NORTH CAROLINA LLC
PO BOX 10836
SOUTHPORT NC 28461
Subject: NPDES Permit Modification- Name and/or
Ownership Change
Permit Number NC0065099
CPI USA North Carolina - Southport Plant
Brunswick County
Dear Mr. Gibbs:
Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received
on December 29, 2009. This permit modification documents the change of ownership.
Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain
unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General
Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency.
If you have any questions concerning this permit modification, please contact the Point Source Branch at (919)
807-6304.
Sincerely,
//ti
Coleen H. Sullins
cc: Central Files
Wilmington Regional Office, Surface Water Protection
NPDES Unit File NC0065099
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807.64921 Customer Service: 1-877-623-6748
Internet www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Naturally
S
Permit NC0065099
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
(NPDES)
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,
CPI USA North Carolina, LLC
is hereby authorized to discharge wastewater from a facility located at
CPI USA North Carolina LLC —Southport Plant
1281 Powerhouse Drive S.E., Southport
Brunswick County
to receiving waters designated as the Atlantic Ocean below the Cape Fear River Basin via
Progress Energy's Brunswick Stearn Electric Plant's (BSEP) discharge canal, in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and
IV hereof.
This permit shall become effective January 13, 2010.
This permit and authorization to discharge shall expire at midnight on November 30, 2011.
Signed this day January 13, 2010.
-Cyr- Coleen H. Sullins, Directo
Division of Water Quality
By Authority of the Environmental Management Commission
•
Permit NC00650$9
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
(NPDES)
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,
CPI USA North Carolina, LLC
is hereby authorized to discharge wastewater from a facility located at
CPI USA North Carolina LLC —Southport Plant
1281 Powerhouse Drive S.E., Southport
Brunswick County
to receiving waters designated as the Atlantic Ocean below the Cape Fear River Basin via
Progress Energy's Brunswick Steam Electric Plant's (BSEP) discharge canal, in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and
IV hereof.
This permit shall become effective January 13, 2010.
This permit and authorization to discharge shall expire at midnight on November 30, 2011.
Signed this day January 13, 2010.
Xvr-. Coleen H. Sullins, Directo
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0065099
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are
hereby revoked, and as of this 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 described herein.
CPI USA North Carolina, LLC
is hereby authorized to:
1. Continue to operate a wastewater treatment system for coal -pile runoff, sump -water
discharge, and low -volume wastewater (internal Outfall 001); cooling tower blowdown
(internal Outfall 002); and reverse -osmosis wastewater discharge (internal Outfall 004)
located at CPI USA North Carolina - Southport Plant, 1281 Powerhouse Drive, S.E.,
Southport, Brunswick County; and
2. Discharge from said treatment works through Outfall 003, via the Brunswick Steam Electric
Plant's discharge canal (at a location specified on the attached map) into the Atlantic Ocean,
a Class SB waterbody below the mouth of the Cape Fear River Basin.
Permit NC0065099
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge coal pile runoff and low -volume wastewater from internal .
Outfall 001. Such discharges shall -be limited and monitored by the Permittee as specified below:
DISCHARGE
LIMITATIONS
MONITORING
REQUIREMENTS
Measurement
Frequency
Sample
Type
Sample
Location
EFFLUENT
CHARACTERISTICS'
Monthly
Average
Daily
Maximum
Flow
Continuous
Recorder
Effluent
Total Suspended Solids
30.0 mg/1
100.0 mg/1
2 / Month
Composite
Effluent
Oil and Grease
15.0 mg/1
20.0 mg/1
2 / Month
Grab
Effluent
Notes:
1. The Permittee shall prevent plant site oils, hazardous substances, or toxic substances from
combining with site runoff.
A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge cooling tower blowdown from internal Outfall 002. Such
discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
DISCHARGE
LIMITATIONS
MONITORING
REQUIREMENTS
Measurement
Frequency
Sample
Type
Sample
Location
Monthly
Average
Daily
Maximum
Flow
Weekly
Recorder
Effluent
Free Available Chlorinel
0.2 mg/1
0.5 mg/1
Weekly
Grab
Effluent
Total Chromium
0.2 mg/1
Monthly
Grab
Effluent
Total Zinc
1.0 mg/1
Monthly
Grab
Effluent
Notes:
1. Neither free available chlorine (FAC) nor total residual chlorine (TRC) may be discharged
from any single generating unit for more than two hours in any single day. Not more than one
unit may discharge FAC or TRC at any one time unless the permittee can demonstrate to the
Division of Water Quality that units cannot operate at or below this level of chlorination.
Limitations for chlorine are instantaneous average and instantaneous maximum. Monitoring
will be required only during those weeks when chlorination occurs.
2. This permit has Special Conditions concerning the use of biocides in cooling water [see
Special Condition A. (5).]
Permit NC0065099
A. (3). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until
expiration, the Permittee is authorized to discharge from internal Outfall 004 - Reverse
Osmosis Reject Water. Such discharges shall be limited and monitored by the
Permittee as specified below:
DISCHARGE
LIMITATIONS
REQUIREMENTS
Measurement
Frequency
MONITORING
Sample
Type
Sample
Location
EFFLUENT
CHARACTERISTICS
Monthly
Average
Daily
Maximum
Flow (MGD)
Instantaneous
Recording
Effluent
Temperature
Quarterly
Grab
Effluent
Dissolved Oxygen
Quarterly
Grab
Effluent
Total Dissolved Solids
Quarterly
Grab
Effluent
Conductivity
Quarterly
Grab
Effluent
pH
6.8 -- 8.5 standard units.
Quarterly
Grab
Effluent
NH3-N
j
Quarterly
Grab
Effluent
A. (4). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge from final Outfall 003 (combined flows from Outfall 001,
Outfall 002 and Outfall 004). Such discharges shall be limited and monitored by the Permittee
as specified below:
DISCHARGE
LIMITATIONS
MONITORING
RE Q
UIREMENTS
EFFLUENT
CHARACTERISTICS
Measurement
Frequency
Sample
Type
Sample
Location
The 126 Priority Pollutants
(40 CFR Part 423, Appendix A)
Excluding Zinc and Chromiuml
No Detectable Amount
Annual
Grab
Effluent
1. The Permittee must monitor these parameters only if the permittee adds these. materials for
cooling tower maintenance [40CFR 423.13 (d)(1)]. There shall be no detectable amounts of
the 126 priority pollutants (40CFR 423, Appendix A) contained in chemicals added to the
cooling towers except for Total Chromium and Total Zinc (covered under biocide approvals).
If no annual analysis is performed for the 126 Priority Pollutants, the facility must, at a
minimum, submit a statement on an annual basis certifying that none of the 126 Priority
Pollutants are added during manufacture, maintenance or treatment processes.
Final discharge shall contain no floating solids or foam visible in other than trace amounts.
Permit NC0065099
A. (5). USE OF BIOCIDES — SPECIAL CONDITION
The Permittee shall obtain authorization from the Division prior to using any biocide in the
cooling water that may be toxic to aquatic life. The Permittee shall notify the Director in writing
no later than 90 days prior to using any biocide not already approved for this facility. The
Permittee shall provide such notification by completing a Biocide Worksheet, Form 101 to
include a map indicating the receiving stream and the effluent discharge point. Concentrations of
additives to biocides such as chromium, copper, or zinc shall not exceed applicable water quality
standards or action levels in the receiving stream, as determined by calculations using the Biocide
Work Sheet, Form 101 and the Supplemental Analysis Worksheet.
K&LIGATES
TO:
ENCLOSURE MEMO
Mr. Charles Weaver
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, NC 27699-1617
DATE: December 17, 2009
K&L Gates LLP
4350 Lassiter at North Hills Avenue, Suite 300
Post Office Box 17047
Raleigh, NC 27619-7047
1919.743.7300 www.klgates.com
RE: Notification of Name Change — North Carolina Wastewater Permits
Enclosed for filing and processing are name change notification forms for the following
wastewater permits for CPI USA North Carolina LLC:
1. Wastewater Permit Number NC0065081 (CPI USA North Carolina - Roxboro
Plant); and
2. Wastewater Permit Number NC0065099 (CPI USA North Carolina - Southport
Plant).
Please confirm receipt of the above -referenced documents. Thank you for your
assistance in this matter.
K&L Gates LLP
By:
Stanford D. Baird
cc: Christopher L. Kopecky, Esquire (with enclosures)
4826-5320-6021.01
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
1.
Please enter the permit number for which the change is requested.
NPDES Permit (or)
N
C
0
0
6
5
0
9
9
II. Permit status prior to status change.
a. Permit issued to (company name):
b. Person legally responsible for permit:
c. Facility name (discharge):
d. Facility address:
Certificate of Coverage
G
5
Primary Energy of North Carolina LLC
Elton E Gibbs
First
MI
General Manager
Title
P.O. Box 10836
Last
Permit Holder Mailing Address
Southport
NC 28461
City State Zip
(910) 457-5056 (910) 457-9874
Phone Fax
Primary Energy of North Carolina - Southport Plant
1281 Powerhouse Drive S.E.
Address
Southport NC 28461
City State
e. FaciIity contact person: Elton E. Gibbs
First / MI / Last
Please provide the following for the requested change (revised permit).
a. Request for change is a result of: ❑ Change in ownership of the facility
® Name change of the facility or owner
If other please explain:
Zip
(910) 457-5056
Phone
b. Permit issued to (company name):
c. Person legally responsible for permit:
RECEIVED
DEC 1C 2J(,,'9
DEN R 1. rpOist urge):
POINT SOURCEaBRANCH
f. Facility contact person:
CPI USA North Carolina LLC
Elton
E Gibbs
First
MI Last
General Manager
Title
P.O. Box 10836
Permit Holder Mailing Address
Southport
NC 28461
City State Zip
(910) 457-5056
Phone E-mail Address
CPI USA North Carolina - Southport Plant
1281 Powerhouse Drive S.E.
Address
Southport NC 28461
City State Zip
Elton E Gibbs
First MI Last
(910) 457-5056
Revised 1/2009
Phone E-mail Address
PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information (if different from the person legally responsible for the permit)
Permit contact:
V.
VI.
First
MI Last
Title
Mailing Address
City State Zip
( )
Phone E-mail Address
Will the permitted facility continue to conduct the same industrial activities conducted prior
to this ownership or name change?
® Yes
❑ No (please explain)
Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR MISSING:
❑ This completed application is required for both name change and/or ownership change
requests.
❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is required for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
The certifications below must be completed and signed by both the permit holder prior to the change, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
I, , attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
Signature Date
APPLICANT CERTIFICATION
1, Elton E. Gibbs, attest that this application for a name/ownership change has been reviewed and is
accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information is not included, this application
package will be returned as incomplete.
L
/.2/s/o9
ignature Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised 1/2009
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 21, 2009
ELTON E GIBBS
GENERAL MANAGER
CPI USA NORTH CAROLINA LLC
PO BOX 10836
SOUTHPORT NC 28461
Subject: Acknowledgement of Application Number NC0065099 (Change of Name/Ownership Request)
and Additional Information Request
CPI USA North Carolina - Southport Plant
Brunswick County
Dear Mr. Gibbs:
The Division of Water Quality (Division) acknowledges receipt of your permit application (ownership and facility name
change) on December 21, 2009. At this time, please address the following items:
1. Please provide legal documentation of the transfer of ownership or company name change (Such as contract,
deed, article of incorporation, approved Board minutes,etc.) for ownership changes.
To ensure the maximum efficiency in processing permit requests, the Division asks your assistance in providing the
information needed. Processing can take as long as 60-90 days after receipt of a completed request.
If you have any questions, please contact me at 919-807-6304 or via e-mail at dina.sprinkle@ncdenr.gov.
PLEASE REFER TO THE ABOVE PERMIT NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT.
Sincerely,
Dina Sprinkle
Point Source Branch
cc: CENTRAL FILES
Raleigh Regional Office/Surface Water Protection
Permit File
Stanford D. Baird, K&L Gates LLP, PO Box 17047, Raleigh, NC 27619-7047
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-6300 FAX: 919-807-64921 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity', Affirmative Action Employer
NorthCarolina
Naturally
K&LIGATES
December 28, 2009
Dina Sprinkle
Point Source Branch
North Carolina Department of Environment and
Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Additional Information Requests for CPI
Application Number NC0065099 Change
Southport Plant, Brunswick County, and
Application Number NC0066081 Change
Roxboro Plant, Person County
Dear Ms. Sprinkle:
K&L Gates LLP
4350 Lassiter at North Hills Avenue, Suite 300
Post Office Box 17047
Raleigh, NC 27619-7047
i 919.743.7300 www.klgates.com
Stanford D. Baird
D 919.743.7334
F 919.516.2034
stanford.baird@klgates.com
USA North Carolina LLC
of Name Request,
of Name Request,
We have received your letters dated December 21, 2009 requesting additional
information with regard to the above -referenced permit application name change notification
forms that were submitted on December 17, 2009. Copies of your letters are enclosed for
your reference.
Enclosed is a copy of the State of Delaware name change certificate for CPI USA
North Carolina LLC. We apologize for not having included this document with the original
name change requests. If you need further information or documentation, please let me know
as soon as possible.
Yours very truly,
Stanford D. Baird
Enclosure
cc: Mr. Elton E. Gibbs
4818-0176-4357.01
!Defaware
The First State
PAGE 1
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF AMENDMENT OF "EPCOR USA NORTH
CAROLINA LLC", CHANGING ITS NAME FROM "EPCOR USA NORTH CAROLINA
LLC" TO "CPI USA NORTH CAROLINA LLC", FILED IN THIS OFFICE ON
THE SIXTEENTH DAY OF NOVEMBER, A.D. 2009, AT 6:07 O'CLOCK P.M.
4001251 8100
091022580
You may verify this certificate online
at corp.delaware.gov/authver.shtml
Jeffrey W. Bullock, Secretary of State
AUTHENTION: 7646945
DATE: 11-17-09
State of Delaware
Secretary of State
Division of Corporations
Delivered 06:56 PM 11/I6/2009
FILED 06:07 PM 11/16/2009
SRV 091022580 - 4001251 FILE
STATE OF DELAWARE
CERTIFICATE OF AMENDMENT OF
CERTIFICATE OF FORMATION
1 Name of Limited Liability Company:
EPCOR USA NORTH CAROLINA LLC
2. The Certificate of Formation of the Limited Liability Company is hereby
amended by striking the statement to the name of the Limited Liability Company and by
substituting in lieu thereof the following statement:
FIRST. The name of the Limited Liability. Company formed,
hereby is CPI USA North Carolina LLC.
IN WITNESS WHEREOF", the undersigned has executed this Certifcate of
Amendment as of the 6 day of November, 2009.
EPCOR USA NORTH CAROLINA LLC
By:
eah Fitzgerald
Assistant Corporate Secretary
RECEIVED
DEC 2 9 2009
DENR - WATER QUALITY
POINT SOURCE BRANCH