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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 This document is printed on reuse paper - ignore any content on the reirerse side ATA � 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