HomeMy WebLinkAboutNC0089753_20180404_Draft Permit ROY COOPER
Governo
AMICHAEL S RAGAN
Secretory
.. LINDA CULPEPPER
Intel on Do ector
Water Resources
ENVIRONMENTAL QUALITY
April 4, 2018
Matthew Trottier, EH&S
Petroleum Fuel and Terminal Company
(dba)Apex Oil Company, Inc.
8235 Forsyth Blvd., Suite 400
St. Louis, Missouri 63105
Subject: Review of Permit Draft NPDES NC0089753
Apex Oil Company, Inc. Class PC-1
3314 River Road, Wilmington
New Hanover County
Dear Mr. Trottier:
The Division of Water Resources (DWR or the Division) acknowledges receiving your
application to discharge to surfaces waters of the State, and your Engineering Alternatives
Analysis (EAA) signed December 22, 2017. We hereby transmit this permit draft for your review
and comment.
Please review this document carefully to assure your understanding of permit limits and
monitoring conditions, and to correct errors, if any. Concurrent with this notification,the
Division will solicit public comment by publishing a notice in newspapers having circulation in
the general New Hanover County area, as required by the NPDES Program. Please provide your
written comments, if any, to me via email [joe.corporon@ncdenr.gov] or by writing to my
attention care of DEQ/DWR/NPDES Program no later than May 4,2018, approximately 30
days after receiving this draft. Your written comments are welcome but are not mandatory.
The Division understands that you propose to refurbish and upgrade facilities appurtenant to
bulk-fuel storage and distribution of petroleum products. We understand renovations include,but
are not limited to, secondary containment, oil/water separators, new settling basins for
stonnwater, tank repairs, and other improvements. We note that you propose four outfalls to the
environment, two of which are to be used for emergency discharge only. We understand these
outfalls are maintained,normally chained and padlocked, designated"BYPASS -for emergency
discharge, under sever-storm conditions only."Please be advised that use of these outfalls is a
permit violation unless use is approved in advance by DWR's Wilmington Regional Office
(WiRO), 910-796-7215.
The Division concurs with your EAA that a surface-water discharge is the most viable alternative
based on feasibility and cost. We note that you propose to discharge to the Cape Fear River at a
location influenced by tidal conditions, therefore receiving-stream flow may not be estimated(as
documented by J. Curtis Weaver, USGS). Current permitting guidance requires DWR to assume
zero-flow receiving-stream conditions (7Q10/30Q2 =0.0 cfs) at this location.
This means that the Cape Fear River environment may not currently offer you credit for dilution,
and thus each parameter of concern (POC) is permitted in this draft at limits equal to each
respective water-quality standard(see Section A. (1.). If these permit limits exceed your
expected compliance, you may opt to extend your outfalls deeper into the Cape Fear and install
an approved effluent diffuser. This device as permitted may be modeled to establish a factor for
dilution, thus raising your permit limits.
Implementing Electronic Discharge Monitoring Reports (eDMRs). Please be advised that the
Division has implemented an electronic Discharge Monitoring Report(eDMR)program, in
accord with requirements by the Environmental Protection Agency(EPA). We include the
details required to implement the eDMR program in this permit [see permit Section A. (3.)].
Proposed federal regulations require electronic submittal of all DMRs and specify that, by non-
compliance, Permittees must then submit eDMRs directly to EPA. For more information on
eDMRs,registering for eDMR submittal, and obtaining an eDMR user account,please visit
DWR's webpage:
http://portal.ncdenr.org/web/wq/admin/boghpu/edmr
For information on EPA's NPDES Electronic Reporting Rule,please visit EPA's website:
http://www2.epa.gov/compliance/propo sed-npdes-electronic-reporting-rule
Following the mandatory 30-day public comment period for the draft, the Division will review
all pertinent comments and take appropriate action prior to issuing your NPDES permit final. If
you have questions concerning this draft,please e-mail me or call my direct line(919) 807-6394.
Respe• y,
,argir
i .
J /1 . Corporo , L.G.
compliance . d Expedite Permitting
Enclosure: NPDES Permit NC0089753 (DRAFT)
he NPDES Program Files [draft permit and Fact Sheet]
ec• WiRO/SWPS:Jim Gregson, Steve West[draft permit,Fact Sheet]
ATU• Susan Meadows[draft permit and Fact Sheet]
OCU:Maureen Kinney[draft permit and Fact Sheet]
Permit NC0089753
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE STORMWATER/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,
Petroleum Fuel and Terminal Company
is hereby authorized to discharge stormwater/wastewater from an outfall located at the
(dba) Apex Oil Company, Inc.
3 314 River Road, Wilmington
New Hanover County
to-receiving waters designated as the Cape Fear River, 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 , 2018.
This permit and authorization to discharge shall expire at midnight on April 30, 2023.
Signed this day 52018.
Linda Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 7
Permit NC0089753
SUPPLEMENT TO PERMIT COVER SHEET
[new permit]
Petroleum Fuel and Terminal Company
is hereby authorized to:
1. begin operating a Surface-Water Pollution Control System managing stormwater and related
petroleum-contact water held in proximity to above-ground storage tanks (ASTs) and
appurtenant piping for the distribution of hydrocarbon fuels,petroleum distillates, and ethanol
[surface bulk-storage exceeding one(1)million gallons], the System consisting of
• truck-loading rack with stormwater runoff and spill containment
[petroleum-contact wastewater containerized and recycled offsite];
• earthen berms [dikes] surrounding ASTs [secondary-containment areas]
• stormwater runoff-containment pond(s)
• oil/water separator(s)
• gravity drain piping and outfalls with discharge sample point and gate
valve,hand-operated, normally closed
these facilities located at the Apex Oil Company, Inc., 3314 River Road,Wilmington; and
2. discharge from said treatment works via Outfalls 002 and 003 [Outfall 001 and 004
permitted as bypass for sever-storm discharge conditions only], as located on the attached
map, to the Cape Fear River [Stream Segment 18-71], a waterbody currently classified SC;
PNA within Subbasin 03-06-17 of the Cape Fear River Basin.
Page 2 of 7
Permit NC0089753
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Beginning upon the effective date and lasting until permit expiration,the Permittee is authorized to
discharge treated wastewater/stormwater from Outfalls 002 and 003 [Alternate Outfalls 001 and 004
bypass-to be used for sever-storm emergency only]. Such discharges shall be limited,monitored, and
reported 1 by the Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS 1
CHARACTERISTICS Monthly Daily Measurement Sample Sample
(Parameter Codes) Average Maximum Frequency Type Location
Flow 2 50050 Episodic 2 Effluent
Total Suspended Solids C0530 45.0 mg/L 45.0 mg/L Monthly Grab Effluent
Turbidity 00070 Monthly Grab Effluent
Oil&Grease EPA Method 00556 Monthly Grab Effluent
1664 [SGT-HEM]
Benzene 34030 51 µg/L 51 pg/L Monthly Grab Effluent
Toluene 34010 11 µg/L 11 µg/L Monthly Grab Effluent
Ethylbenzene 34371 25 µg/L 25 µg/L Monthly Grab Effluent
Total Xylenes 81551 370 µg/L 370 µg/L Monthly Grab Effluent
Naphthalene 34696 52 µg/L 52 µg/L Monthly Grab Effluent
MTBE 22417 1,500 µg/L 1,500 µg/L Quarterly Grab Effluent
WET Testing 4 TAE6C Quarterly Grab Effluent
Volatile Organic EPA 624 2/Annually Grab Effluent
Hydrocarbons 5
Semi-volatile Organic EPA 625 2/Annually Grab Effluent
Hydrocarbons 5
Footnotes:
1. Beginning on the permit effective date,submit discharge Momtormg Reports electronically usmg
NCDWR's eDMR application system. See Special Conditions A. (4.)].
2 Flow—If no discharge occurs within a given month,the Permittee shall submit a monthly Discharge
Momtoring Report(DMR)mdicatmg"No flow"or"No Discharge."Flow shall be momtored with each
discharge event,and may be monitored m one of four ways-
a. measure flow contmuously;
b. Rational Method—[see section A.(2.)]calculate flow based on total rainfall per
unit area,includmg built-on area draining to the outfall;
c. estimate flow at 20-minute mtervals during the entire discharge event;or
d. report flow based on discharge pump logs.
3. After a minimum of 12 consecutive sample events,taken not less than Monthly,the Permittee may
petition the Division to relax samplmg,as data may warrant
4 Whole Effluent Toxicity(WET)Testmg—Acute,using Fathead Minnow(Pimephales promelas)24-
hour static test.If WET-test results show"fail"[LC50< 100%],sampling shall be conducted on each
subsequent discharge until"pass,"thereafter continuing Quarterly in accord with Section A.(3.).
5. If detected,the Permittee shall enter parameters and concentrations into eDMR in the"Comments"
section.
Page 3 of 7
Permit NC0089753
Conditions:
1 The Permittee shall discharge no tank solids,tank bottom water,or tank rag layer
2 Following hydrostatic tank testmg,the Permittee shall discharge no tank(or pipe)contents with
concentrations of benzene exceedmg 1.19 µg/L or toluene greater than 11µg/L,documentation to be kept
onsite for three(3)years,available for DEQ mspection
A. (2.) FLOW MEASUREMENT —RATIONAL EQUATION
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
REF: Stormwater BMP Manual. Chapter 3, "Stormwater Calculations"
See DWQ website http://portal.ncdenr.org/web/wq/ws/su/bmp-manual
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 the beginning of
rainfall excess when all portions of the drainage basin are contributmg
simultaneously to flow at the outlet).
A= area of tnbutary 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,
• 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. (3.) ACUTE TOXICITY, MONITORING - (EPISODIC)
[15A NCAC 02B .0200 et seq.]
The Permittee shall conduct quarterly acute toxicity tests using protocols defined as definitive in E.P.A.
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 tests will be performed on a discharge event during each
quarter(January-March, April-June, July-September, October-December).
Should there be no discharge [no flow] from the facility during a quarter 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
Environmental Sciences Section at the address cited below.
Page 4 of 7
Permit NC0089753
The parameter code for this test is TAE6C.All toxicity testing results required as part of this permit
condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was
performed,using the appropriate parameter code. Additionally, DWR Form AT-1 (original) is to be sent
to the following address:
Attention: North Carolina Division of Water Resources
Environmental Sciences Section
1621 Mail Service Center
Raleigh,N.C. 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental 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. (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 and specify that, if a state does not establish a system to receive such submittals,then permittees
must submit monitoring data and reports electronically to the Environmental Protection Agency(EPA).
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
Page 5of7
Permit NC0089753
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
Effective December 21, 2016, 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. Until such time that the state's
eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation
(CROMERR),permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DENR/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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
mailing address above. See"How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due on the 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, 2020, 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).
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 6 of 7
Permit NC0089753
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr
2. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)j
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (11.)(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://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make
the following certification [40 CFR 122.22]. 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."
3. Records Retention [Supplements Section D. (6.)1
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 7 of 7
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Petroleum Fuel and Terminal Company Facility
(dba)APEX Oil Company, Inc., Wilmington Location
1)
not to scale
Latitude: 34° 10'43"N Receiving Stream: Cape Fear
Longitude: 78°57'16"W Drainage Basin: Cape Fear
Stream Class: SC;PNA Stream Segment: 18
Sub-Basin: 03-06-17 HUC: 3030005 NPDES Permit NC0089753
State Grid/USGS Quad: K27NW/Wilmington North
New Hanover County