NC0089753_Correction_20190731

DocuSign Envelope ID:6A364F0E-4E4D-4028-B8B6-DC69E1298252
ROY COOPER Nrc
Governor
MICHAEL S REGAN
Sect elm),
LINDA CULPEPPER
Dv ectot Water Resources
ENVIRONMENTAL QUALITY
7/31/2019
Matthew Trottier,EH&S
Petroleum Fuel and Terminal Company
(dba)Apex Oil Company,Inc. -
8235 Forsyth Blvd., Suite 400
St.Louis,Missouri 63105
Subject: Correction of Technical Error
Change Pages for NPDES Permit NC0089753
Apex Oil Company,Inc. Class PC-1
3314 River Road,Wilmington
New Hanover County
Dear Mr.Trottier:
The Division of Water Resources(the Division or DWR)has noticed a technical error in the subject
active permit issued in July 2018.While section A. (1.)of this permit requires effluent monitoring of
Whole Effluent Toxicity(WET)as"limited,"section A. (3.)describes WET-testing as"monitoring"only.
This is our technical error.
We have therefore attached change-pages to correct this error.Please insert these pages into your active
permit and discard the old pages.We understand that your facility has contacted Susan Meadows of the
state's Aquatic Toxicology Unit(ATU)to discuss this issue,and that your facility is clear on how to
proceed in the event of WET-test failure.
The Division regrets any inconvenience this error may have caused to your organization.This permit is
not transferable except after notifying the Division of Water Resources.The Division may require permit
modification,or revocation and re-issuance.Please note that this permit does not affect your legal
obligation to obtain other permits required by the Division of Water Resources,the Division of Land
Resources,the Coastal Area Management Act,or other federal or local governments.
If you have questions,or if we can assist you further,please contact Joe R.Corporon,P.G.at
[oe.corporonAncdenr.gov] or call his direct line(919)707-3617.
Respectfully,
cDocuSigned by:
zci 8328B44CE9EB4A1...
Linda Culpepper,Director
Enclosure:NPDES Permit NC0089753 (permit change-pages 3-8)
hc: Central Files
NPDES Program Files
ec: WiRO/SWPS:Jim Gregson; Steve West
ATU: Susan Meadows
OCU:Maureen Kinney

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 00552 Monthly Grab Effluent
1664 [SGT-HEM]
Benzene 3 34030 51 µg/L 51 µg/L Monthly Grab Effluent
Toluene 3 34010 11 µg/L 11 µg/L Monthly Grab Effluent
Ethylbenzene 3 34371 25 µg/L 25 µg/L Monthly Grab Effluent
Total Xylenes 3 81551 370 µg/L 370 µg/L Monthly Grab Effluent
Naphthalene 3 34696 52 µg/L 52 µg/L Monthly Grab Effluent
MTBE 3 22417 1,500 µg/L 1,500 µg/L Monthly Grab Effluent
WET Testing 4 TGE3E 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 Monitoring Reports electronically using
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
Monitoring Report(DMR)indicating"No flow"or"No Discharge."Flow shall be monitored with each
discharge event,and may be monitored in one of four ways:
a. measure flow continuously;
b. Rational Method—[see section A. (2.)] calculate flow based on total rainfall per
unit area,including built-on 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.
1. After a minimum of 12 consecutive sample events,taken not less than Monthly,the Permittee may
petition the Division to modify sampling,as data may warrant.
2. Whole Effluent Toxicity(WET)Testing Quarterly—Acute,using Mysid Shrimp(Mysidopsis bahia)
24-hour static test[for details see Section A.(3.)].
3. If detected,the Permittee shall enter each parameter and its concentration into eDMR in the"Comments"
section.
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Permit NC0089753
Conditions:
1. The Permittee shall discharge no tank solids,tank bottom water,or tank rag layer.
2. Following hydrostatic tank testing,the Permittee shall discharge no tank(or pipe)contents with
concentrations of benzene exceeding 1.19 µg/L or toluene greater than 11 µg/L;documentation to be kept
onsite for three(3)years,available for DEQ inspection.
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 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,
• 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 PASS/FAIL - LIMITED (QUARTERLY)
[15A NCAC 02B .0200 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North
Carolina Procedure Document entitled"Pass/Fail Methodology For Determining Acute Toxicity In A
Single Effluent Concentration" (Revised December 2010 or subsequent versions). The monitoring shall
be performed as a Mysid Shrimp (Mysidopsis bahia) 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 on a discharge event during each quarter(January-
March, April-June, July-September, October-December). 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.
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Permit NC0089753
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
TGE3E. 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
' 1621 Mail Service Center
Raleigh,NC 27699-1621
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
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.
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Permit NC0089753
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)1
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 DEQ/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.
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Permit NC0089753
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).
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: https://www.federalregister.gov/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.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
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Permit NC0089753
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)l
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://deq.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 122.22]. 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."
5. 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].
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