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HomeMy WebLinkAboutNC0029190_Fact Sheet_20240131 DEQ/DWR/NPDES FACT SHEET - EXPEDITED PERMIT RENEWAL The NPDES Expedited Permitting Unit may renew minor permits [<1.00 MGD] as expedited. The Unit applies this expedited Fact Sheet to less-complex permits such as 100%domestic facilities (e.g., schools,mobile home parks, etc.).Although these minor permits generally do not require significant alteration for renewal,this expedited Fact Sheet may address a permit with Special Conditions, 303(d) listed waters,WET toxicity testing,instream monitoring, and/or compliance concerns. Basic Information for Expedited Renewal Permit Writer/Date: Joe R. Co oron,P.G. 31Jan2O24 Permit Number: NCO029190 Permittee: NC DOT,Division 11 Facility Name/WWTP Class: I-77 Rest Area/Welcome Center at VA Line /WW-2 Facility Mailing Address: P.O. Box 250,North Wilkesboro 28659, Surry County Facility Location: Off HWY 1-74, southeast of Lambsburg,VA Facility Contact: Jamie Wood,DREE Uwood@ncdot.gov] 336-903-9243 Basin Name/Hydrological Unit/HUC: Yadkin/03-07-03 /030401010804 Receiving Stream: Naked Run Creek Current Stream Class: WS-IV; Trout Stream-Flow Average(cfs) 1.37 cfs Permitted Flow(MGD) 0.030 IWC (%): 13.4 % Does permit need Daily Max NH3 limits? Not applicable Does permit need TRC limits/language? No—already resent Does permit have toxicity testing? Yes. All pass since Feb2020 except Aug2022 19 of 20 quarterly tests). Does permit have Special Conditions? Yes. see Nutrient Reo ener l Electronic Reporting Does permit have instream monitoring? Yes. Dissolved Oxygen, Temperature Is the stream impaired(on 303(d)list)? No. For whatparameter? Any obvious compliance concerns? History of Monitoring Frequency violations. Permit modifications since lastpermit: None. New Expiration Date: 2/28/2023 New Expiration Date: 2/28/2028 Comments on Draft Permit: ➢ DRAFT RENEWAL DWR applied the following considerations and changes for renewal: • reviewed reported parameters of concern. [Jan202O-Nov2O23] • reviewed BIMS compliance records; history of monitoring frequency violations during the past three (3)years • evaluated discharge flow records • updated facility description (Supp. to Permit Cover Sheet) • resorted effluent monitoring table by Monitoring Frequency [see A. (1.)] • updated text for eDMR requirements [permit section A. (4)]. • updated permit text and site-location map COMPLIANCE The Permittee has a poor monitoring history,particularly Frequency Violations during years 2020 through 2023. Violations address multiple parameters including WET testing, Fecal Coliform, Ammonia, TN, TP, BOD-5, TSS and Dissolved Oxygen(DO). In year 2021, the Regional Office (WSRO) issued fifty-one (51)NOVs including twenty-two (22) that proceeded to Enforcement Action. According to BIMS, all assessed violations to date have been paid—no outstanding fees. 3.0. Effluent Data Review and Summary Parameter Units Count Ave Max Min Permit Limits (11) & Monitoring Flow gpd 322 5,536 14,700 100 Total Suspended mg/L 178 2.97 20 0.7 DM 45.0 Solids (TSS) MA 30.0 (DO)Dissolved Oxygen mg/L 472 9.4 15 0.7 Daily Average>6.0 mg/L pH S.U. 437 7.27 8.4 6.0 Not<6.0 or>9.0 s.u. Fecal Coliform #/100ml 181 39 2,420 < 1 DM 400/100 MA 200/100 Total Residual µg/L 493 23.64 91 13 Compliant if<50 Chlorine µg/L BOD, 5-day mg/L 181 6.91 21.6 0.57 DM 45.0 MA 30.0 Total Nitrogen(TN) µg/L 23 2.74 8.1 0.077 Monitor Quarterly Total Phosphorus µg/L 10 12.98 21 9.69 Monitor Quarterly Ammonia[NH3 as N] mg/L 176 4.29 40.2 < .01 No limit Temperature °C 851 16.23 28 5.0 No limit Whole Effluent All Pass Toxicity(WET) TG3PB 20 Feb2020-May2023 Monitor Quarterly [except Aug2022] PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: November 20, 2023 [Tentative] Permit Scheduled to Issue: February 16, 2024 [Tentative] Effective date April 1, 2024 NPDES Division Contact If you have questions about any of the above or the attached permit,please email Joe R. Corporon, P.G. Doe.corporon@deq.nc.gov]. NAME: DATE: 31 JAN2024 IV NPDES Implementing Instream Dissolved Metals Standards—Freshwater Standards The NC 2007-2015 Water Quality Standard(WQS) Triennial Review was approved by the NC Environmental Management Commission(EMC) on November 13, 2014. The US EPA subsequently approved the WQS revisions on April 6, 2016, with some exceptions. Therefore, metal limits in draft permits out to public notice after April 6, 2016 must be calculated to protect the new standards - as approved. Table 1. NC Dissolved Metals Water Quality Standards/Aquatic Life Protection Parameter Acute FW, µg/l Chronic FW, Acute SW, µg/l Chronic SW, (Dissolved) µg/l (Dissolved) µg/1 (Dissolved) (Dissolved) Arsenic 340 150 69 36 Beryllium 65 6.5 --- --- Cadmium Calculation Calculation 40 8.8 Chromium III Calculation Calculation --- --- Chromium VI 16 11 1100 50 Copper Calculation Calculation 4.8 3.1 Lead Calculation Calculation 210 8.1 Nickel Calculation Calculation 74 8.2 Silver Calculation 0.06 1.9 0.1 Zinc Calculation Calculation 90 81 Table 1 Notes: 1. FW=Freshwater, SW= Saltwater 2. Calculation=Hardness dependent standard 3. Only the aquatic life standards listed above are expressed in dissolved form. Aquatic life standards for Mercury and selenium are still expressed as Total Recoverable Metals due to bioaccumulative concerns (as are all human health standards for all metals). It is still necessary to evaluate total recoverable aquatic life and human health standards listed in 15A NCAC 213.0200 (e.g., arsenic at 10 µg/1 for human health protection; cyanide at 5 µg/L and fluoride at 1.8 mg/L for aquatic life protection). Table 2. Dissolved Freshwater Standards for Hardness-Dependent Metals The Water Effects Ratio (WER) is equal to one unless determined otherwise under 15A NCAC 02B .0211 Subparagraph (11)(d) Metal NC Dissolved Standard, /l Cadmium, Acute WER*}1.136672-[ln hardness](0.041838)} e^}0.9151 [In hardness]-3.1485} Cadmium, Acute Trout WER*}1.136672-[In hardness](0.041838)} e^}0.9151[In waters hardness]-3.6236} Cadmium, Chronic WER*}1.101672-[ln hardness](0.041838)} eA10.7998[ln hardness]-4.4451} Chromium III, Acute WER*0.316 • e^}0.8190[ln hardness]+3.7256} Chromium III, Chronic WER*0.860 e^}0.8190[ln hardness]+0.6848} Copper, Acute WER*0.960 e"}0.9422[1n hardness]-1.700} Copper, Chronic WER*0.960 e^}0.8545[ln hardness]-1.702} Lead, Acute WER*{1.46203-[ln hardness](0.145712)} e^}1.273[In hardness]-1.460} Lead, Chronic WER*}1.46203-[ln hardness](0.145712)} e"}1.273[In hardness]-4.705} Nickel, Acute WER*0.998 • e^}0.8460[ln hardness]+2.255} Nickel, Chronic WER*0.997 • e^}0.8460[ln hardness]+0.0584} Silver,Acute WER*0.85 • eAl1.72[ln hardness]-6.59} Silver, Chronic Not applicable Zinc, Acute WER*0.978 e^}0.8473[ln hardness]+0.884} Zinc, Chronic WER*0.986 eA10.8473[ln hardness]+0.884} General Information on the Reasonable Potential Analysis (RPA) The RPA process itself did not change as the result of the new metals standards. However, application of the dissolved and hardness-dependent standards requires additional consideration in order to establish the numeric standard for each metal of concern of each individual discharge. The hardness-based standards require some knowledge of the effluent and instream (upstream) hardness and so must be calculated case-by-case for each discharge. Metals limits must be expressed as `total recoverable' metals in accordance with 40 CFR 122.45(c). The discharge-specific standards must be converted to the equivalent total values for use in the RPA calculations. We will generally rely on default translator values developed for each metal (more on that below), but it is also possible to consider case- specific translators developed in accordance with established methodology. RPA Permitting Guidance/WQBELs for Hardness-Dependent Metals - Freshwater The RPA is designed to predict the maximum likely effluent concentrations for each metal of concern, based on recent effluent data, and calculate the allowable effluent concentrations, based on applicable standards and the critical low-flow values for the receiving stream. If the maximum predicted value is greater than the maximum allowed value (chronic or acute), the discharge has reasonable potential to exceed the standard, which warrants a permit limit in most cases. If monitoring for a particular pollutant indicates that the pollutant is not present (i.e. consistently below detection level), then the Division may remove the monitoring requirement in the reissued permit. 1. To perform an RPA on the Freshwater hardness-dependent metals the Permit Writer compiles the following information: • Critical low flow of the receiving stream, 7Q10 (the spreadsheet automatically calculates the 1 Q 10 using the formula 1 Q 10 =0.843 (s7QI0, cfs) 0.993 • Effluent hardness and upstream hardness, site-specific data is preferred • Permitted flow • Receiving stream classification 2. To establish the numeric standard for each hardness-dependent metal of concern and for each individual discharge, the Permit Writer must first determine what effluent and instream(upstream) hardness values to use in the equations. The permit writer reviews DMR's, Effluent Pollutant Scans, and Toxicity Test results for any hardness data and contacts the Permittee to see if any additional data is available for instream hardness values,upstream of the discharge. If no hardness data is available, the permit writer may choose to do an initial evaluation using a default hardness of 25 mg/L (CaCO3 or(Ca+Mg)). Minimum and maximum limits on the hardness value used for water quality calculations are 25 mg/L and 400 mg/L, respectively. If the use of a default hardness value results in a hardness-dependent metal showing reasonable potential, the permit writer contacts the Permittee and requests 5 site-specific effluent and upstream hardness samples over a period of one week. The RPA is rerun using the new data. The overall hardness value used in the water quality calculations is calculated as follows: Combined Hardness (chronic) _ (Permitted Flow, cfs *Avg.Eff Hardness,mg/L)+(s7Q10, cfs *Avg. Upstream Hardness,mg/L) (Permitted Flow, cfs + s7Q10, cfs) The Combined Hardness for acute is the same but the calculation uses the IQ 10 flow. 3. The permit writer converts the numeric standard for each metal of concern to a total recoverable metal, using the EPA Default Partition Coefficients (DPCs) or site-specific translators, if any have been developed using federally approved methodology. EPA default partition coefficients or the "Fraction Dissolved" converts the value for dissolved metal at laboratory conditions to total recoverable metal at in-stream ambient conditions. This factor is calculated using the linear partition coefficients found in The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit from a Dissolved Criterion (EPA 823-B-96-007, June 1996) and the equation: Cdiss = 1 Ctotal 1 + { [Kpo] [ss(i+a)] [10-6] } Where: ss= in-stream suspended solids concentration [mg/1], minimum of 10 mg/L used, and Kpo and a= constants that express the equilibrium relationship between dissolved and adsorbed forms of metals. A list of constants used for each hardness-dependent metal can also be found in the RPA proizram under a 4. The numeric standard for each metal of concern is divided by the default partition coefficient(or site-specific translator)to obtain a Total Recoverable Metal at ambient conditions. In some cases, where an EPA default partition coefficient translator does not exist (ie. silver), the dissolved numeric standard for each metal of concern is divided by the EPA conversion factor to obtain a Total Recoverable Metal at ambient conditions. This method presumes that the metal is dissolved to the same extent as it was during EPA's criteria development for metals. For more information on conversion factors see the June 1996 EPA Translator Guidance Document. 5. The RPA spreadsheet uses a mass balance equation to determine the total allowable concentration(permit limits) for each pollutant using the following equation: Ca= (s7Q 10+ Qw) (Cwgs)-s7Q10) (Cb) Qw Where: Ca=allowable effluent concentration(µg/L or mg/L) Cwqs =NC Water Quality Standard or federal criteria(µg/L or mg/L) Cb=background concentration: assume zero for all toxicants except NH3* (µg/L or mg/L) Qw=permitted effluent flow (cfs, match s7Q 10) s7Q 10= summer low flow used to protect aquatic life from chronic toxicity and human health through the consumption of water, fish, and shellfish from noncarcinogens (cfs) * Discussions are on-going with EPA on how best to address background concentrations Flows other than s7Q 10 may be incorporated as applicable: IQ 10 =used in the equation to protect aquatic life from acute toxicity QA=used in the equation to protect human health through the consumption of water, fish, and shellfish from carcinogens 30Q2 =used in the equation to protect aesthetic quality 6. The permit writer enters the most recent 2-3 years of effluent data for each pollutant of concern. Data entered must have been taken within four and one-half years prior to the date of the permit application (40 CFR 122.21). The RPA spreadsheet estimates the 95th percentile upper concentration of each pollutant. The Predicted Max concentrations are compared to the Total allowable concentrations to determine if a permit limit is necessary. If the predicted max exceeds the acute or chronic Total allowable concentrations, the discharge is considered to show reasonable potential to violate the water quality standard, and a permit limit(Total allowable concentration) is included in the permit in accordance with the U.S. EPA Technical Support Document for Water Quality- Based Toxics Control published in 1991. 7. When appropriate,permit writers develop facility specific compliance schedules in accordance with the EPA Headquarters Memo dated May 10, 2007 from James Hanlon to Alexis Strauss on 40 CFR 122.47 Compliance Schedule Requirements. 8. The Total Chromium NC WQS was removed and replaced with trivalent chromium and hexavalent chromium Water Quality Standards. As a cost savings measure, total chromium data results may be used as a conservative surrogate in cases where there are no analytical results based on chromium III or VI. In these cases, the projected maximum concentration (95th %) for total chromium will be compared against water quality standards for chromium III and chromium VI. 9. Effluent hardness sampling and instream hardness sampling,upstream of the discharge, are inserted into all permits with facilities monitoring for hardness- dependent metals to ensure the accuracy of the permit limits and to build a more robust hardness dataset. 10. Hardness and flow values used in the Reasonable Potential Analysis for this permit included: Parameter Value Comments (Data Source) Average Effluent Hardness (mg/L) Not applicable -no Metals [Total as, CaCO3 or(Ca+Mg)] Monitoring Average Upstream Hardness mg/L) [Total as, CaCO3 or(Ca+Mg)] Instream Waste Concentration (IWC) 13.4 % 7Q 10 summer(cfs) Stream Flow Average (cfs) 1.37 cfs Permitted Flow(MGD) 0.030 Average discharge for 2022 (g322) =0.0055 MGD NH3/TRC WLA Calculations Facility: NCDOT Surry County Rest Area WWTP PermitNo. NC0029190 Prepared By: Joe R. Corporon PG Enter Design Flow (MGD): 0.03 Enter s7Q10 (cfs): 0.3 Enter w7Q10 (cfs): 0.6 Total Residual Chlorine (TRC) Ammonia (Summer) Daily Maximum Limit(ug/1) Monthly Average Limit(mg NH3-N/1) s7Q10 (CFS) 0.3 s7Q10 (CFS) 0.3 DESIGN FLOW (MGD) 0.03 DESIGN FLOW (MGD) 0.03 DESIGN FLOW (CFS) 0.0465 DESIGN FLOW (CFS) 0.0465 STREAM STD (UG/L) 17.0 STREAM STD (MG/L) 1.0 Upstream Bkgd (ug/1) 0 Upstream Bkgd (mg/1) 0.22 IWC (%) 13.42 IWC (%) 13.42 Allowable Conc. (ug/1) 127 Allowable Conc. (mg/1) 6.0 Ammonia (Winter) Monthly Average Limit(mg NH3-N/1) Fecal Coliform w7Q10 (CFS) 0.6 Monthly Average Limit: 200/100m1 DESIGN FLOW (MGD) 0.03 (If DF >331; Monitor) DESIGN FLOW (CFS) 0.0465 (If DF<331; Limit) STREAM STD (MG/L) 1.8 Dilution Factor(DF) 7.45 Upstream Bkgd (mg/1) 0.22 IWC (%) 7.19 Allowable Conc. (mg/1) 22.2 Total Residual Chlorine 1. Cap Daily Max limit at 28 ug/I to protect for acute toxicity Ammonia (as NH3-N) 1. If Allowable Conc > 35 mg/l, Monitor Only 2. Monthly Avg limit x 3 =Weekly Avg limit (Municipals) 3. Monthly Avg limit x 5 = Daily Max limit (Non-Munis) If the allowable ammonia concentration is > 35 mg/L, no limit shall be imposed Fecal Coliform 1. Monthly Avg limit x 2 =400/100 ml =Weekly Avg limit (Municipals) = Daily Max limit(Non-Muni) NC0029190 Affidavit_20231229 X -� �j https://edecs,deq.nc.gov/WaterResources/DocView.aspx?id=3089163&dbid=0&repo=Watt NORTH CAROLINA CLIPPING OF SURRY COUNTY LEGAL ADVERTISEMENT AFFIDAVIT OF PUBLICATION ATTACHED HERE Before the undersigned. a NotarN Public of said County and State.duly Public Noun commissioned, qualified and authorized by law to administer oaths. North caraant personally appeared Sandra Hurley who bring first duly sworn.deposes and says:that he(she)is Regional Publiskr c s Unit (Publisher or other officer or employee authorized to make affidavit)of ntrd9i,n i6z a sairvice�ie17 ADAMS PUBLISHING GROUP, LLC,engaged in the publication of a y,,i,,,,;,,r„A"to Isom newspaper known as MOUNT AIRY NEWS, published, issued, and r4PDES'Nag%Mtar Paflar NCu;�y190 S C�opu*ay N Rest entered as periodicals class mail in the city of Mount Airy in said County Am rho N.rtha ry CMo"FM- and State. that he (she) is authorized to make this affidavit and sworn rienai Martapwrynt Com• statement that the notice or other legal advertisement s true copy of which mlasbnb~Ai is attached hereto, was published in MOUNT AIRY NEWS on the NM�Mnaarttsttdls. following dates: �q go rtoaer. triastor d sr Nc omwn or Y1hNr Rssotabas (tYtNN yhsYtapierrchear .o shatilill VIM be it w.`r't... I he so so Coolndelm of�nwna Widtor n+an+ltwrt wair.ta a owR "T.ttbas adonaa rr.r and that the said newspaper in which such notice, paper. document or " perNm mar Vim ft �HR at 612 N. legal advertisement was published was,at the time of each and even such ,t,Ral�1 to me publication, a newspaper meeting all of the requirements and ;`oral it this aft °A�' qualifications of Section 1-597 of the General Statutes of North Carolina DESp�r mrrasa and was a qualified newspaper within the meaning of Section 1-597 of the °be f 9 nc go°`vOp uDlk tblic w- General Statutes of North Carolina. 215:8-y2�50,North WilkesboroThis.21� day of a 2023 NPWrPQWMtooaC11000 or ns wwTp toard art'M I. 74 mouth d Larnisiburg.VA. suer 0 w locally dr SiQnaaure of n making alTidavn 10.0r 10 Run Ile Vativr RNar 6aalr.The pararnows;Tom Swam to and subscribed before me,this day of =T oxygen, c� C 11i an WMw-gLaNr tlm- Cc .2023 sad:TMs 0ChmW mey alias 11a1Ya waahMO aaooaaons In `•A"-� 1N6 Osman of the rlvar basin lulan Public Publish.12.21.23 7Uav9a 2. My Commission expires: Cie JENNAJOHNSON Notary Pudic•North Carols s Surry County Y,:�ewrmF.Yw�Mw,l J6ll.