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HomeMy WebLinkAboutNC0069256_Draft Permit_20230516ROY COOPER Governor ELIZABETH S. BISER Secretory RICHARD E. ROGERS. JR. Director TransMontaigne Operating Company, L.P. Attn: Sheila Johnsen 1670 Broadway, Suite 3100 Denver, CO 80202 Dear Permittee: NORTH CAROLINA Environmental Quality May 16, 2023 Subject: Draft NPDES Permit NCO069256 Greensboro Piedmont Terminal Not Classified - Physical Chemical WPCS Guilford County The Division has reviewed your request to renew the subject permit. Enclosed with this letter is a copy of the draft permit for your facility. Please review this draft carefully to ensure your thorough understanding of the information, conditions, and requirements it contains. The draft permit includes the following significant changes from the existing permit: ➢ The eDMR parameter code for Oil & Grease (00556) has been corrected to Oil and Grease, EPA Method 1664 [SGT-HEM] (00552) in the Effluent table in Section A. (1). ➢ Whole Effluent Toxicity testing has been changed to Annual, Acute 24-hour Pass/Fail testing [TAE6C]. See the Effluent table in Section A. (1) and Section A. (2) for updated monitoring requirements and electronic submission information. Additional monitoring will be required in the event of a failed toxicity test. ➢ Section A. (4.) has been updated regarding electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). Please note that East Fork Deep River is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, then mitigative measures may be required. The NPDES standard conditions (Parts II, III, and IV) that are a part of the permit are not included in this draft document (cover, map, and Part I). The conditions are the same as in your current permit except that agency and division names have been updated. The latest version is available at https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file. With this notification, the Division will solicit public comment on this draft permit by publishing a notice in newspapers having circulation in the general Guilford County area, per EPA requirements. Please provide your comments, if any, to me at the address below no later than 30 days after receiving this draft permit. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final permit. If you have questions concerning the draft, please contact me at 919-707-3712, or via e-mail at sydney.carpenteraa,ncdenr.go_v. North Carolina Department of Em•ironmental Quality I Division of Water Resources 512 North Salisbury• Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617 919.707.9000 Page 2 of 2 Greensboro Piedmont Terminal - NC0069256 DRAFT Permit Renewal Sincerely, JI? 4* Sydney Carpenter Environmental Specialist I NPDES Compliance and Expedited Permitting cc: NPDES File [Laserfiche] Winston-Salem Regional Office [Laserfiche] Operator Certification Program Aquatic Toxicology Unit Public Water Supply NPDES Permit NCO069256 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERNUT 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, the TransMontaigne Operating Company, L.P. is hereby authorized to discharge wastewater from a facility located at the Greensboro Piedmont Terminal 6907B West Market Street Greensboro Guilford County to receiving waters designated as an unnamed tributary to East Fork Deep River in subbasin 03-06- 08 of the Cape Fear River Basin 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 This permit and authorization to discharge shall expire at midnight on August 31, 2026. Signed this day Richard E. Rogers, Jr. Director, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 NPDES Permit NCO069256 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 included herein. TransMontaigne Operating Company, L.P. is hereby authorized to: 1. Continue to operate an existing Surface -Water Pollution Control System for stormwater in proximity to above -ground storage tanks (ASTs); surface bulk -storage of petroleum hydrocarbon fuels in excess of one million gallons. This facility is located at the TransMontaigne Greensboro Piedmont Terminal, 6907B West Market Street in Greensboro, Guilford County and utilizes the following components: • Two (2) diked areas (secondary containment of ASTs and appurtenant piping) • Two (2) truck loading rack areas, each followed by oil/water separators • Two (2) holding ponds in series: o draw -off lagoon (with aeration devices) o drainage lagoon (settling pond to outfall) • Discharge control valve, manually operated/normally closed (a point -source discharge) u+ y� _ T Y 1p � 2. Discharge from said treatment works via Outfall 001 at the location specified on the attached map into an unnamed tributary to East Fork Deep River [Stream Segment: 17-2-(0.3)], a waterbody currently classified WS-IV:* in subbasin 03-06-08 [HUC: 030300030102] of the Cape Fear River Basin. Page 2 of 8 NPDES Permit NCO069256 PART I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 0213.0400 et seq., 0213.0500 et seq.] Not Classified — Physical Chemical WPCS [15A NCAC 08G .0300] Beginning with the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS [eDMR Code] EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow (MGD) 2 [50050] Monitor & Report Episodic See Footnote 2 Effluent Total Suspended Solids (TSS) (mg/L) [C0530] 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Turbidity (NTU) 3 [00070] 50 NTU Monthly Grab Effluent Oil & Grease (mg/L) 4 [00552] [EPA Method 1664 SGT-HEM] Monitor & Report Monthly Grab Effluent Total Recoverable Phenolics (Ng/L) 5 [327301 Monitor & Report Monthly Grab Effluent Benzene (Ng/L) 5 [34030] Monitor & Report Monthly Grab Effluent Toluene (Ng/L) 5 [34010] Monitor & Report Monthly Grab Effluent Ethyl Benzene (Ng/L) 5 [34371] Monitor & Report Monthly Grab Effluent Naphthalene (Ng/L) 5,6 [34696] Monitor & Report Monthly Grab Effluent Xylene (Ng/L) 5 [81551] Monitor & Report Monthly Grab Effluent MTBE (Ng/L) 5 [224171 Monitor & Report Monthly Grab Effluent Acute Toxicity Testing 7 [TAE6C] Monitor & Report Annually Grab Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see Section A. (4)]. 2. Flow shall be monitored with each discharge event — During periods of no flow, the Permittee shall submit a signed, monthly Electronic Discharge Monitoring Report (eDMR) indicating "No discharge." Flow may be monitored using any one of the following four methods: a) measure flow continuously (via flow meter, totalizer preferred); b) calculate flow [see Rational Equation, Section A. (3)] based on total rainfall per unit area draining to the outfall; exclude built -upon areas (best method for facilities with large runoff - collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 3. Effluent turbidity shall not cause receiving -stream turbidity to exceed 50 NTU. If background turbidity naturally exceeds 50 NTU, the effluent shall not cause background turbidity to increase. Any discharge exceeding this permit limit will require sufficient instream sampling (upstream and/or downstream) to verify compliance (effluent vs. background). [I 5A NCAC 02B .0211 (21)] Page 3 of 8 NPDES Permit NCO069256 4. Where possible, the grab sample for Oil & Grease should be skimmed from the water surface of a quiescent (calm water) zone. 5. All practical quantitation limits (PQL) must be sufficiently sensitive considering the respective water quality standard for each parameter [see Part II. Section D. (4.)]. 6. Provided that the Permittee can demonstrate to the Division that its facility does not now, nor has ever, stored diesel fuel or other heavy fuels, it may petition to remove monitoring for naphthalene. 7. Acute Toxicity (Fathead Minnow — Pimephales promelas) 24-hour annual test. If annual acute WET - testing "Fails" [TAE6C], the Permittee shall test each subsequent discharge event until testing indicates "Pass", after which Quarterly monitoring shall start in accord with permit Section A. (2). If after a subsequent five (5) consecutive Quarterly WET tests indicate "Pass," the Permittee may petition the Division to change the monitoring. WET -test samples shall be collected concurrently with parameters of concern (POCs) samples indicated above. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. • There shall be no direct discharge of tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 µg/L and toluene concentration is less than 11 µg/L. A. (2.) ACUTE TOXICITY MONITORING (ANNUAL - EPISODIC) [15A NCAC 02B .0500 et seq.] The Permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The Permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The Annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. Should any annual toxicity test result in a "failure", the Permittee shall test each subsequent discharge event until testing indicates "pass," after which Quarterly monitoring shall take place. The Quarterly tests will be performed on a discharge event during each quarter (January - March, April -June, July -September, October -December). If after a subsequent five (5) consecutive Quarterly WET tests indicate "Pass," the Permittee may petition the Division to change the monitoring. Should there be no discharge [no flow] from the facility during a quarter in which Quarterly toxicity monitoring is required, the Permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited below. Page 4 of 8 NPDES Permit NCO069256 The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered electronically using the Division's eDMR system for the month in which it was performed. Additionally, DWR Form AT-1 (original) is to be sent to the following address: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, NC 27699-1621 Or, results can be sent to the email, ATForms.ATB(&ncdenr.gov. Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (3.) FLOW MEASUREMENT RATIONAL [G.S. 143-215.1(b)] The Rational Equation: Q=K.CIA, where: Q = flow (peak flow rate (cfs or m3/sec) K„ = units conversation factor = 1.008 for U.S. standard units (usually ignored because it is so close to 1), or 0.278 for SI units C = dimensionless runoff coefficient for the watershed, loosely defined as the ratio of runoff to rainfall I = intensity of rainfall taken from the intensity -duration -frequency curves for the specified design return period at the time of concentration, tc (in/h or mm/h). tc = time of concentration (time after the beginning of rainfall excess when all portions of the drainage basin are contributing simultaneously to flow at the outlet). A = area of tributary watershed (acres or km2) The rational equation is used to calculate the runoff from a region, given: the runoff coefficient which accounts for infiltration and other potential losses in the region, Page 5 of 8 NPDES Permit NCO069256 • the rainfall intensity to the region, • the time it takes for runoff to travel from the region's upper reaches to its outlet, and • the region's drainage area. A. (4) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS [G.S. 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)] The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. The eDMR system may be accessed at: https://deg.nc.gov/about/divisions/water-resources/edmr. If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 See "How to Request a Waiver from Electronic Reporting" section below. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported via the eDMR system no later than the last calendar day of the month following the completed reporting period. Regardless of the submission method, the first DMR is due on the Page 6 of 8 NPDES Permit NC0069256 last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2025, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: hgps://www.federalregister.mov/documents/2015/ 10/22/2015-24954/national-pollutant- discharge-elimination-system-npdes-electronic-reporting rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Page 7 of 8 NPDES Permit NC0069256 Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deg.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) f" All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I I.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deg.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D. (6.)l The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 8 of 8 I i 1 4.0_'� ti T', �I OWN