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HomeMy WebLinkAboutNC0046892_Technical Correction_20150819NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. James W. Lintz, Complex Manager Motiva Enterprises, LLC 410 Tom Sadler Road Charlotte, NC 28214 Dear Mr. Lintz: Donald R. van der Vaart Secretary August 19, 2015 Subject: Change-Page(s) to Correct Error NPDES Permit NCO046892 Motiva Enterprises, LLC Charlotte South Terminal 6851 Freedom Drive, Charlotte 28214 Mecklenburg County The Division of Water Resources (the Division) was notified by Jennifer Bothwell, Environmental Coordinator with Motiva Enterprises, LLC, that quarterly sampling for Chronic Toxicity (Ceriodaphnia dubia) (TGP3B/TBP3B) would be problematic due to the episodic duration of the discharges at this facility. Chronic Toxicity was a new requirement in your recently issued permit (July 20, 2015). The Division's Aquatic Toxicity Branch recommends that monitoring be changed to Acute Toxicity (Ceriodaphnia dubia) (TGE3B). Accordingly, we hereby forward the modified permit pages to amend Sections A.(1.) and A.(2.) of your permit with the following: Acute Toxicity (Ceriodaphnia dubia) Pass/Fail permit limit (as a grab sample) quarterly during the months of January, April, July and October. Please insert these change pages into your existing permit and discard the old pages. We regret any inconvenience this causes your organization. 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 Resources or any other Federal, State, or Local governmental permits that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncwaterquality.org An Equal OpporWnity I Afirmabve Action Employer— Made in part by recycled paper Mr. Lintz August 19, 2015 Page 2 of 2 If you have questions, or if we can be of further service, please contact Derek Denard at [derek.denard@ncdenr.gov] or call (919) 807-6307. pec ly,� . Jay Zimmerman, D' Division of Water Resources, NCDENR Enclosure: NPDES Permit NCO046892 (Corrected Pages) he: Central Files NPDES Program Files MRO Files/ Attn: Michael Parker ec: Richard Farmer [Richard.fanner@mecklenburgcountync.gov] [draft permit, Fact Sheet] Aquatic Toxicology Unit/ Susan Meadows [susan.meadows@ncdenr.gov] [draft permit, Fact Sheet] Jennifer L. Bothwell, Environmental Coordinator, Motiva Enterprises LLC Dennifer.bothwell@motivaent.com] James W. Lintz, Complex Manager, Motiva Enterprises LLC dames.lintz@motivaent.com] Joseph Gorman, Superintendent, Motiva Enterprises LLC Ooseph.gorman@motivaent.com] Permit NCO046892 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [ 15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from diked areas via Outfall 001. Such discharges shall be limited, monitored and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS [par atnetex77, .Codes] LIlVIITS . MONITORING REQUII2EMENTS1- Mon`th1 Avera a ` Daily 1Vlazimum` Measurement Fre gene Sample - "e ., "Sample Location Flow 2 (MGD) 50050 Episodic 2 Effluent Total Suspended Solids m C0530 30.0 nWL 45.0 mW1 Monthly Grab Effluent Benzene 3 (µg/L) 34030 1.19 µg/L Monthly Grab Effluent Toluene 3 (µg/L) 34010 11 µg/L Monthly Grab Effluent Oil and Grease 4 (mg/L) EPA Method 1664 SGT-HE 00556 Monthly Grab Effluent Naphthalene 3, 5 (µg/L) 34696 Monthly Grab Effluent Total Recoverable Phenolics 3 (µg/L) 32730 Monthly Grab Effluent Ethyl Benzene 3 (µg/L) 34371 Monthly Grab Effluent Xylene 3 (µg/L) 81551 Monthly Grab Effluent MTBE 3 (µg/L) 22417 Monthly Grab Effluent Turbid' 6(NTU) 00070 50 NTU Quarterly Grab Effluent Acute Toxicity 7 TGE3B Quarterly Grab Effluent Footnotes: 1. No late than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR application system [see A. (4•)]• 2. Flow shall be monitored with each discharge event — During periods of no flow, the Permittee shall submit a signed, monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored using any one of four methods: a) measure flow continuously via weir or flow meter (totalizer preferred); b) calculate flow (see .Rational Equation ) [see A. (3.)] based on total rainfall per unit area draining to the outfall; c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 3. WET -test samples shall be collected concurrently with other POC samples, as appropriate to monitoring frequencies. 4. Oil and Grease with EPA Method 1664 [SGT-HEM] — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 5. Naphthalene — 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. 6. Turbidity —Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving -stream background exceeds 50 NTU, the effluent shall not increase background levels. Non-compliance with Page 3 of 8 Permit NC0046892 this Standard may require additional stream monitoring and a Turbidity Corrective Action Plan (TCAP). 7. Acute Toxicity (Ceriodaphnia dubia) Pass/Fail Limit, Quarterly during the months of January, April, July and October [see section A. (2)]. Conditions: • There shall be no discharge of floating solids or foam visible in other than trace amounts. • There shall be no oily sheen traceable from the receiving stream to this outfall. • Direct discharge of tank solids, tank -bottom water, or the rag Iayer is not permitted. • Hydrostatic Tank Testing: the Permittee shall discharge no tank solids, no tank bottom -water, no tank rag -layer; no- tank [or pipe] contents, unless benzene concentration tests less than 1.19 µg/L and toluene concentration tests less than 11 µg/L. Wage 4 of 8 Is Permit NCO046892 A. (2.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) [15A NCAC 02B .0500 et seq.] The permittee shall conduct acute toxicity tests on a!Yuarterlv basis using protocols defined in the North Carolina Procedure Document entitled "PasslFail Methodology For Determining Acute Toxicity In A Single Effluent Concentration" (Revised December 2010 or subsequent versions). The monitoring shall be performed as a Ceriodaphnia dubia 24 hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The tests will be performed during the months of January, April, July and October. - These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE3B. Additionally, DWR Form AT-2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, North Carolina 27699-1623 Completed Aquatic Toxicity Test Forms shall be filed with the .Water Sciences Section no later than 30 days after the end of the reporting period for which the report. is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Page 5 of 8 Permit NCO046892 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=KuCIA, where: Q = flow (peak flow rate (cfs or m3/sec) Ku = 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 beginning rainfall excess when all portions of the drainage basin are contributing simultaneously to outlet flow) A = area of tributary watershed (acres or km2) The rational equation is used to calculate the runoff from a region, given: • the runoff coefficient (accounts for infiltration losses in the region), • the rainfall intensity to the region, • the time for runoff to travel from the region's upper reaches to its outlet, and • the regimes drainage area. Page 6 of 8 DENR / DWR / NPDES EXPEDITED FACT SHEET - NPDES PERMIT DEVELOPMENT NPDES Permit NCO046892 Derek Denard, Compliance & Expedited Permitting Unit / 919-807-6307 18Aug2015 Facility Information Applicant/Facility Name Motiva Enterprises, LLC/Charlotte South Terminal Applicant Address 410 Tom Sadler Rd, Charlotte NC 28214 Facility Address 6851 Freedom Drive, Charlotte NC 28214 Permitted Flow (MGD) not limited Type of Waste 100% Industrial, fuel (bulk storage), groundwater remediation Facility Class PC-1 County Mecklenburg Permit Status Renewal .Regional ...Office. MRO Stream Characteristics. Receiving Stream UT to Long Creek Stream Classification WS-IV Stream Segment [11-120-(2.5)] Drainage basin Catawba Summer 7Q10 (cfs). 0 Subbasin 03-08-34 Winter 7Q10 (cfs) 0 Use Support Supporting 30Q2 (cfs). 0 303(d) Listed No Average Flow (cfs) 0 -State Grid F 15 S W IWC (%) 100% USGS Topo Quad Mt. Island Lake, NC Facility SummM This facility is an industrial (flow <1 MGD) collecting stormwater from a Surface -Water Pollution Prevention System in proximity to above -ground storage tanks (ASTs). Facilities include surface bulk - storage of petroleum hydrocarbon fuels in excess of one million gallons, fuel -truck loading racks and discharge form a GW-REM system. There are no significant changes to your facility the last permit renewal. The facility consists of the following wastewater treatment units: • bermed areas (secondary containment for ASTs) • oil -water separator [1,500-gallons] (truck -loading rack wastes disposed at a permitted facility off -site) • oil -water separator (GW remediation) • three (3) granulated carbon filters (GW remediation) • air stripper (GW remediation) • detention pond (with hand -operated discharge valve, normally closed) Monthly average FLOW (MGD) — Last 36 months Mar2012-1762015: [Ave 0.155 MGD; Maximum, Monthly average flow = 0.297 MGD; Minimum, Monthly average flow = 0.004] Year Maximum flow (daily) Minimum flow(daily) Average (daily) Number Discharges (daily) 2012 0.3712 0.0347 0.1758 30 2013 0.4761 0.0004 0.1784 43 2014 0.5829 0.0001 0.1471 41 Fact Sheet Renewal 2015 -- NPDES Permit NCO046892 Page Toxici —The previous permit required Acute Toxicity Monitoring testing using Pimephales promelas to be performed on an annual basis as a 24-hour static [TAE6C]. The facility has passed toxicity monitoring over the past four and a half years. Chronic [TGP3B] (Ceriodaphnia dubia) is required for groundwater remediation discharges since on -site groundwater remediation (GW-REM) wastestreams are deemed complex and not episodic. However, since discharges at this facility are managed as batch discharges (episodic) along with stormwater, Acute Toxicity (Ceriodaphnia dubia) Pass/Fail permit limit (as a grab sample) quarterly during the months of January, April, July and October is recommend by the Aquatic Toxicity Branch for this permit. Compliance History —The facility has been compliant for the past five (5) years. For Renewal — This permit reflects discharge at Outfall 001. DWR updated the following: • added updates to facility map, outfall locations and parameter codes • total Suspended Solids (TSS) monitored monthly with a Monthly Average Limit of 30.0 mg/L and a Daily Average Limit of 45.0 mg/L • total Benzene monitoring Monthly with a monthly average limit of 1.19 µg/L • total Toluene monitoring Monthly with a monthly average limit of 11 µg/L • replaced Phenol (single compound) [34694] with Total Recoverable Phenolics [32730]. • for Oil & Grease [00556) the parameter code remains the same for submitting DMR/eDMR, but EPA method 1664 (SGT-HEM) is used with results in mg/L • changed toxicity monitoring to Acute Toxicity (Ceriodaphnia dubia) Pass/Fail permit limit (as a grab sample) quarterly during the months of January, April, July and October [Section A. (2.)] • added Electronic Reporting - Discharge Monitoring Reports page Section A. (4.). Stream — Discharge from WWTP for Outfall 001 is into an unnamed tributary to Long Creek [Stream Segment 11-120-(2.5)]. The segment is listed as "supporting" it's in the 2014 North Carolina Integrated report and 303(d) list. RPA — A Reasonable Potential Analysis (RPA) was conducted on toluene, benzene, ethyl benzene, naphthalene, xylene (mixture), total phenolic compounds, MTBE, Manganese and Iron effluent parameters because Discharge Monitoring Reports (DMRs) reported concentration above method -detection levels (MDLs) for the past four and a half (4 '/2) years Sept2011-Feb2015 data. [See attached RPA summary sheets.] • Benzene effluent data suggest reasonable potential to exceed its standard of 1.19 µg /L. Renewal will require monthly monitoring of Benzene with a Daily Average Limit of 1.19 µg /L. • Toluene effluent data suggest reasonable potential to exceed its standard of 11 µg /L. Renewal will require monthly monitoring of Toluene with a Daily Average Limit of 11 µg /L. • Turbidity effluent did not show reasonable potential to exceed 50 NTU. Monitoring was left as monthly with 50 NTU limit due to Manganese issues and consistency with other parameters. Fact Sheet Renewal 2015 -- NPDES NCO046892 Page 2 Pe Denard, Derek From: jennifer.bothwell@motivaent.com Sent: Thursday, August 13, 2015 10:29 AM To: Meadows, Susan; Denard, Derek Subject: RE: Motiva Enterprises Charlotte North Terminal Permit NC0022187 Yes I agree. Thank you, Jennifer From: Meadows, Susan[mailto:susan.meadowsCabncdenr.aovl Sent: Thursday, August 13, 2015 9:21 AM To: Denard, Derek Cc: Bothwell, Jennifer L MOTIVA-DVM/613/12 Subject: RE: Motiva Enterprises Charlotte North Terminal Permit NC0022187 Hi Derek, It appears that NC0046892 - Motiva South is also in the predicament. They just do not have enough flow to support a chronic, multi -day sampling schedule. Susie Susan Meadows, Environmental Biologist Aquatic Toxicology Branch DWR/Water Sciences Section 4401 Reedy Creek Road Raleigh, NC 27607 susa n. meadows@ncdenr.gov tel: (919) 743-8439 fax: (919) 743-8517 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Denard, Derek Sent: Wednesday, August 12, 2015 4:03 PM To: iennifer.bothwell@motivaent.com Cc: Hennessy, John <iohn.hen nessy@ncdenr.eov>; Meadows, Susan <susan.meadows@ncdenr.gov>; Moore, Cindy <ci nd v. a. moo re @ ncde n r.eov> Subject: RE: Motiva Enterprises Charlotte North Terminal Permit NC0022187 Jennifer, Sorry for any misunderstanding, but the final copy (see attached) that was e-mail to you had been signed (July 20, 2015), issued and processed before our discussion with the Aquatic Toxicology Branch. Sorry, there was a delay in mailing that final hard copy. A permit correction to change to Chronic (Ceriodaphnia dubia) to Acute (Ceriodaphnia dubia) is being reviewed by my supervisor with comments from the Susan Meadows with the Aquatic Toxicology Branch. The permit correction has not been approved and issued yet. I would like to further clarify that the Aquatic Toxicology Branch recommended Acute (Ceriodaphnia dubia)-grab and not Acute (Fathead Minnow) as required in the previous permit. While we are on the subject are you ok with sampling Chronic (Ceriodaphnia dubia) for NC0046892 Motiva South (see attached)? Do you have the same issues with multiple day sampling as Chronic? Otherwise, Chronic Toxicity (Ceriodaphnia dubia) sampling is consistent with our strategy for groundwater remediation discharges. Please let me know if you have any comments for that permit as well. Again, I'm sorry for any misunderstanding or inconvenience. Sincerely, Derek Derek C Denard EmironmemalSpecvi;t NCDENR UN,,km of Water Resource; Water Quardy Pere mng season Compliance& Expadrted Permitting Una (919) W7.6307 derekdenard@ncdeacgcr 1617 Mil Ssni:a Canto.. R vgk WZM9,1617 httD-l/DortaLncdanaorylwabh.7hv.91W npdos E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: iennifer.bothwell(a)motivaent.com rmailto:iennifer.bothwell(almotivaent.coml Sent: Wednesday, August 12, 2015 2:54 PM To: Moore, Cindy Cc: Denard, Derek Subject: Motiva Enterprises Charlotte North Terminal Permit NC0022187 Ms. Moore, The last time we spoke on the phone you said that the subject permit had been pulled and would not be issued until the question of the appropriate toxicity test is resolved; however, we received the new permit today. The permit requires collection of one monthly grab sample, which is appropriate for periodic discharges from the facility's holding pond. The sampling requirements of the Chronic Toxicity test are inconsistent with the monthly grab sample requirement. Motiva is again requesting a return to the Acute Toxicity method of analysis in order to maintain compliance. Please contact me by phone or email if you would like to discuss this request. Thank you, Jennifer Bothwell Environmental Coordinator Motiva Enterprises LLC PMB 282 Denard, Derek If OK 64 A411wt,�� From: Meadows, Susan Sent: Thursday, August 13, 2015 9:21 AM To: Denard, Derek Cc: jennifer.bothwell@motivaent.com' Subject: RE: Motiva Enterprises Charlotte North Terminal Permit NC0022187 Hi Derek, It appears that NC0046892 - Motiva South is also in the predicament. They just do not have enough flow to support a chronic, multi -day sampling schedule. Susie Susan Meadows, Environmental Biologist Aquatic Toxicology Branch DWR/Water Sciences Section 4401 Reedy Creek Road Raleigh, NC 27607 susan. meadows@ncdenr.gov tel: (919) 743-8439 fax: (919) 743-8517 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Denard, Derek Sent: Wednesday, August 12, 2015 4:03 PM To: iennifer.bothwell@motivaent.com Cc: Hennessy, John <iohn.hennessv@ncdenr.eov>; Meadows, Susan <susan.meadows@ncdenr.¢ov>; Moore, Cindy <ci nd v.a. moo re @ n cd e n r. aov> Subject: RE: Motiva Enterprises Charlotte North Terminal Permit NC0022187 Jennifer, Sorry for any misunderstanding, but the final copy (see attached) that was e-mail to you had been signed (July 20, 2015), issued and processed before our discussion with the Aquatic Toxicology Branch. Sorry, there was a delay in mailing that final hard copy. A permit correction to change to Chronic (Ceriodaphnia dubia) to Acute (Ceriodaphnia dubia) is being reviewed by my supervisor with comments from the Susan Meadows with the Aquatic Toxicology Branch. The permit correction has not been approved and issued yet. I would like to further clarify that the Aquatic Toxicology Branch recommended Acute (Ceriodaphnia dubia)-grab and not Acute (Fathead Minnow) as required in the previous permit. While we are on the subject are you ok with sampling Chronic (Ceriodaphnia dubia) for NC0046892 Motiva South (see attached)? Do you have the same issues with multiple day sampling as Chronic? Otherwise, Chronic Toxicity (Ceriodaphnia dubia) sampling is consistent with our strategy for groundwater remediation discharges. Please let me know if you have any comments for that permit as well. Again, I'm sorry for any misunderstanding or inconvenience. Sincerely, Derek l DerekCDenard Emironmerdal Specia:ot NCDENRDYsioncf Water Rewurce, WaterQu Iky PemruNsecrgn CompSerce & E.-pedrted Permitting Unit (919) 807.6307 derekdenardCnnienrgo.• 1617)&USxrmCentsr. Aaayh, NC2709-UV AttD'l.✓��cd�r.argPw�Pw7hwpJpu^pdas E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: iennifer.bothwell@motivaent.com rmailto:iennifer.bothwell@motivaent.coml Sent: Wednesday, August 12, 2015 2:54 PM To: Moore, Cindy Cc: Denard, Derek Subject: Motiva Enterprises Charlotte North Terminal Permit NC0022187 Ms. Moore, The last time we spoke on the phone you said that the subject permit had been pulled and would not be issued until the question of the appropriate toxicity test is resolved; however, we received the new permit today. The permit requires collection of one monthly grab sample, which is appropriate for periodic discharges from the facility's holding pond. The sampling requirements of the Chronic Toxicity test are inconsistent with the monthly grab sample requirement. Motiva is again requesting a return to the Acute Toxicity method of analysis in order to maintain compliance. Please contact me by phone or email if you would like to discuss this request. Thank you, Jennifer Bothwell Environmental Coordinator Motiva Enterprises LLC PMB 282 35-31 Talcottville Road Vernon, CT 06066 Office: 860-749-2839