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HomeMy WebLinkAboutNC0032891_Draft Permit_20200422 (2)ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality April 22, 2020 Mr. Rick Krejci Vice President of Operations Kinder Morgan Southeast Terminals LLC 2000 Trenton Ave Richnmond, VA 23234 Subject: DRAFT NPDES PERMIT NCO032891 Charlotte Terminal 1 Physical Chemical Not Classified [I 5A NCAC 08G .0306] Mecklenburg County Dear Mr. Krejci: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. Your permit is among several in the Catawba River Basin that the Division has targeted for expedited renewal. This draft contains the following changes from the existing permit: • The outfall description on the supplement to cover page is updated to include the HUC. • Parameter codes in the effluent tables have been corrected. • The language in section A.(5) has been updated to be consistent with the finalization of federal requirements for electronic reporting. • Toxicity reporting requirements have been updated in A (3) and A (4) to include guidance for electronic submission. • Previously, footnote 5 of Section A (1)/(2) required toxicity tests to be collected concurrent with BTEX samples. Concurrent sampling is no longer a DWR requirement. This footnote has been removed. • The footnote corresponding to the oil and grease parameter has been removed. This footnote does not apply to the current method. • A new footnote (footnote 4) was added to Section A(1)/(2). This footnote clarifies how to correctly report results for EPA method 625 (Semi Volatile Organic Compounds). 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. The latest version is available at https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file. D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA — DeaartmemofEnvironmental0-1, r 919.707.9000 With this notification, the Division will solicit public comment on this draft permit by publishing a notice in newspapers having circulation in the general Mecklenburg County area, per EPA requirements. Please provide your comments, if any, to me 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 via email at [emily.delduco@ncdenr.gov] or call 919-707-9125. ec: NPDES files Mooresville Regional Office Sincerely, 6i63 La CO - Emily DelDuco Environmental Specialist II NPDES Program Page 2 of 2 Permit NCO032891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 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, Kinder Morgan Southeast Terminals, LLC is hereby authorized to discharge wastewater from outfalls located at the KMST Charlotte Terminal #1 502 Tom Sadler Road Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba 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 June 30, 2025. Signed this day..... S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 9 Permit NCO032891 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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. Kinder Morgan Southeast Terminals, LLC is hereby authorized to: 1. continue to operate a Surface -Water Pollution Prevention System for stormwater in proximity to above -ground storage tanks (ASTs); surface bulk -storage of petroleum hydrocarbon fuels in excess of one million gallons, serviced by secondary containment areas with hand -operated discharge valves (normally closed); This facility is located at the KMST Charlotte Terminal #1, 502 Tom Sadler Road, Charlotte, Mecklenburg County. 2. discharge from said facilities via Outfalls 001 and 002, at locations specified on the attached map, into an unnamed tributary to Gum Branch [HUC: 030501011403; Stream Segment 11-120-5], a waterbody currently classified WS-IV within subbasin 03-08-34 in the Catawba River Basin. Page 2 of 9 Permit NCO032891 Part 1 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 004 [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 from Outfall 001. Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS [eDMR Code] LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Fre uenc Sample Type Sample Location [50050] Flow 2 Episodic 2 Effluent [C0530] Total Suspended Solids 45.0 m L Monthly Grab Effluent [00556] Oil and Grease US EPA 1664 (SGT-HEM Monthly Grab Effluent [00076] Turbidity 3 50 NTU Monthly Grab Effluent [34694] Total Rec. Phenolics Monthly Grab Effluent [34030 Benzene Quarterly Grab Effluent [34010] Toluene Quarterly Grab Effluent [34371] Ethyl Benzene Quarterly Grab Effluent [81551] X lene Quarterly Grab Effluent [76028] EPA Method 6254 Semi -Annually Grab Effluent [224171 MTBE Quarterly Grab Effluent [TAE6C] Acute Toxicity 5 Annually Grab Effluent Footnotes - SEE NEXT PAGE. A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 002 [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 from Outfall 002. Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS [eDMR Code] LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Fre uenc Sample Type Sample Location [50050] Flow 2 Episodic 2 Effluent [00530] Total Suspended Solids 45.0 m /L Monthly Grab Effluent [00556] Oil and Grease US EPA 1664 SGT-HEM) Monthly Grab Effluent [00076] Turbidity 3 50 NTU Monthly Grab Effluent [34694] Total Rec. Phenolics Monthly Grab Effluent [34030 Benzene Quarterly Grab Effluent [34010] Toluene Quarterl Grab Effluent [34371] Ethyl Benzene Quarterly Grab Effluent [81551] X lene Quarterly Grab Effluent [76028] EPA Method 6254 Semi -Annually Grab Effluent [22417] MTBE Quarterly Grab Effluent [TAE6C] Acute Toxicity 6 Annually I Grab I Effluent Footnotes - SEE NEXT PAGE. Page 3 of 9 Permit NCO032891 Footnotes for A. (1.) / A. (2.) 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (5)]. 2. Flow —shall be monitored with each discharge event— During periods of no flow, the Permittee shall submit a 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; b) calculate flow (see Rational Equation below) 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." 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. 3. Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving stream background turbidity exceeds 50 NTU, effluent shall not cause this background value to increase. 4. For the eDMR application system, any detections shall be reported by entering "1" [Yes (Y) = 1 ] and no detection shall be reported by entering "0" [NO (N) = 0]. Any detections for Total Purgeables Organics (EPA Method 624) or Base Neutrals & Acids (EPA Method 625) shall be noted in the comments section by recording the compound detected and reported concentration. Laboratory reports shall be kept on file in accordance with records retention requirements found in Part II. Section D. 6. 5. Acute Toxicity Outfall 001 (Fathead Minnow, 24-hour), Annual [see Special Condition A. (3.)] If any annual WET tests "fail", the Permitee shall immediately revert to Quarterly testing in accordance with A (4.). 6. Acute Toxicity Outfall 002 (Fathead Minnow, 24-hour), Annual [see Special Condition A. (4.)]. If any annual WET tests "fail", the Permitee shall immediately revert to Quarterly testing in accordance with A (4.). Additional Requirements • There shall be no discharge of 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. Page 4 of 9 Permit NCO032891 A. (3.) ACUTE TOXICITY MONITORING (Annually) — OUTFALL 001 [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. The parameter code for this test is TAE6C. All toxicity testing required as part of this permit will be entered electronically using the Division's eDMR system 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, North Carolina 27699-1621 Or, results can be sent to the email, ATForms.ATB(&ncdenr.gov. 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. Page 5 of 9 Permit NCO032891 A. (4.) ACUTE TOXICITY MONITORING (Quarterly) — OUTFALL 002 [ 15A NCAC 02B .0500 et seq.] The Permittee shall conduct quarterly acute toxicity tests [Except when relaxed to Annually] 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) [Except when relaxed to Annually]. Should there be no discharge of 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. The parameter code for this test is TAE6C. All toxicity testing required as part of this permit will be entered electronically using the Division's eDMR system 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 Or, results can be sent to the email, ATForms.ATB(kncdenr.gov. 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. Page 6 of 9 Permit NCO032891 A. (5) ELECTRONIC REPORTING OF 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 11 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. The eDMR system may be accessed at: https:Hdeq.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. 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 Page 7 of 9 Permit NC0032891 • 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.federalre isg ter.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 Page 8 of 9 Permit NC0032891 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. (I 1.)(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://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.)] 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 9 of 9 9 lot NC Hwy 27 UT to Gum Branch Outfalls 001 and 002 (flow north) Approximate Property 0 Boundary Z Ij - J U 0 *01 Kinder Morgan Southeast Terminals, LLC Charlotte Terminal #1 State Grid / USGS Quad: F15SW / Mt. Island Lake, NC Latitude: 35' 17' 07" N Longitude: 80'56'23" W Receiving Stream: UT to Gum Branch [11-120-5] Stream Class: WS_IV Drainage Basin: Catawba River Basin Sub -Basin: 03-08-34 A Facility Location ahmmo- (not to scale) North NPDES Permit NCO032891 I I Mecklenburg County *11