NC0046892_Draft Permit_20201222

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH - ,
Director
NORTH CAROLINA
Environmental Quality
December 22, 2020
D. Scott Dilling, Complex Manager
Motiva Enterprises, LLC
410 Tom Sadler Road
Charlotte,North Carolina 28214
Subject: Review of Permit DRAFT
NPDES Permit NC0046892
Motiva Enterprises, LLC
Charlotte South Terminal
6851 Freedom Drive, Charlotte
Mecklenburg County
To Mr. Dilling:
The Division of Water Resources (DWR of the Division)has reviewed your request to renew the
subject permit and hereby submits this draft for your review and comment. Please study it
carefully to ensure your thorough understanding of permit conditions, and requirements, and to
correct errors, if any.
NPDES standard conditions (Parts II, III, and IV) are a part of the permit but not included in this
draft document(cover,map, and Part I). The standard conditions are the same as in your current
permit except that agency and division names have been updated. The latest version may be•
reviewed online at https://bit.ly/2BZ4xxx and downloaded as a PDF file.
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. Your comments are welcome but are not required.
Parameters of Concern--The Division understands that Motiva has made no significant
alterations to the treatment system except to discontinue a discharge from ongoing groundwater
remediation activities. We understand from your application that wastes from these activities no
longer contribute to your effluent. We have therefore updated your permit text and format.
Based on test results and reasonable potential analyses(RPAs)we have relaxed monitoring and
removed permit limits for some parameters of concern. Results recommend we discontinue
monitoring for Total Recoverable Phenolics, MTBE and Naphthalene. However, Benzene's
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617—919.707.9000

D.Scott Dilling
Draft Permit Review
Dec2020
Page 2 of 2
database shows reasonable potential to exceed its surface water-quality standard, therefore
monitoring continues for Benzene with permit limits [see section A. (1.)].
Whole Effluent Toxicity(WET)Testing--The Division acknowledges Motiva's request to relax
the WET-test monitoring frequency from Quarterly to Annually. However, DWR has revised
statewide permitting guidance reverting at renewal all current WET testing less frequent than
Quarterly. Although Motiva's WET-test record is compliant with its current permit(reporting 24
to 48 discharges/year), DWR must deny your request in deference to the environment and this
statewide guidance.
eDMR Submittals: Federal regulations require electronic submittal of all discharge monitoring
reports (eDMRs) and program reports [See Special Condition A. (4.)]. Please note that if you fill
out and submit to DWR an electronic signature agreement,the Division will no longer require
you to submit DMR hardcopy as back-up to the eDMR.
Following the mandatory 45-day Public Comment period,the Division will review all pertinent
comments, if any, and take appropriate action prior to issuing an NPDES permit final. If you have
questions,please email me, Joe R. Corporon, P.G. at [joe.corporon(&,,ncdenr.gov]. In support of
currently mandated emergency Covid 19 remote permitting,please forward all correspondence via
email.
Respectfully,
J R. Corpo on, P.G.
EQ/D DES ompliance and Expedited Permitting
Enclosure: NPDES Permit NC00492 (renew draft)
ec: Laserfiche
NPDES Program Files
MRO:Corey Basinger
DWR/OCU,Maureen Kinney
Richard Farmer[[e-mail]]\
ATB/Cindy Moore
Motiva: Scott Dilling, [[e-mail]]

Permit NC0046892
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE 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,
Motiva Enterprises, LLC
is hereby authorized to discharge wastewater from outfalls located at the
Motiva Enterprises, LLC - Charlotte South Terminal
6851 Freedom Drive, Charlotte
Mecklenburg County
to receiving waters designated as an unnamed tributary to Long Creek within 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 2021.
This permit and authorization to discharge shall expire at midnight on June 30, 2025.
Signed this day 2021.
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
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Permit NC0046892
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this 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 described herein.
Motiva Enterprises, LLC
is hereby authorized:
1. continue to operate a Surface-Water Pollution Control System for stormwater in proximity to above-
ground storage tanks(ASTs), servicing surface bulk-storage of petroleum hydrocarbon fuels in
excess of one(1)million gallons, and fuel-truck loading rack(s),utilizing
• bermed areas(secondary containment for ASTs)
• oil-water separator[1,500-gallons]
(reclaimed fuels+wastes disposed off-site at a permitted facility)
• detention pond(with hand-operated discharge valve,normally closed)
these facilities located at the Motiva- Charlotte South Terminal, 6851 Freedom Drive, Charlotte,
Mecklenburg County, and
2. discharge from said treatment works via Outfall 001, at a location specified on the attached map, into
an unnamed tributary(UT)of Long Creek [stream segment 11-120-(2.5)], a waterbody currently
classified as WS-IV waters within subbasin 03-08-34 [HUC: 03050101] of the Catawba River
Basin.
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Permit NC0046892
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15ANCAC 02B .0400 et seq.,02B.0500 et seq.;WWTP Grade PCNC [15ANCAC 08G.0302]
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
reportedl by the Permittee as specified below:
EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS
[Parameter Codes] Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow 2(MGD) 50050 Episodic Grab Effluent
Total Suspended Solids(mg/L) C0530 30.0 mg/L 45.0 mg/L Monthly Grab Effluent
Total Benzene 3(µg/L) 34030 1.19 µg/L 1.19 µg/L Monthly Grab Effluent
Oil&Grease 4(mg/L) 00556 Quarterly Grab Effluent
[EPA Method 1664 SGT-HEM]
Turbidity 6(NTU) 00070 50 NTU Quarterly Grab Effluent
Whole Effluent Toxicity(WET)7 TGE3B Quarterly 7 Grab Effluent
Footnotes:
1. Beginning on the effective date of this permit,the permittee shall submit discharge monitoring reports
electronically using the Division's eDMR electronic 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. Benzene,Toluene,Ethylbenzene and Total Xylene samples shall be collected concurrently
with WET testing.
4. Oil& Grease,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
this Standard may require additional stream monitoring and a Turbidity Corrective Action Plan(TCAP).
7. Whole Effluent Toxicity(WET)-Acute using Ceriodaphnia dubia,Pass/Fail-Limited. Quarterly
testing during January,April,July and October in accord with Section A.(2.).
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Permit NC0046892
Conditions:
• The Permittee shall discharge of floating solids or foam visible in other than trace amounts.
• The Permittee shall cause no oily sheen traceable from this discharge to the receiving stream.
• Hydrostatic Tank Testing:NO discharge of tank solids, tank bottom-water, tank rag-layer; or
tank [or pipe] contents is permitted unless the Permittee documents benzene concentration less
than 1.19 µg/L and toluene concentration tests less than 11 µg/L.
A. (2.) ACUTE TOXICITY PASS/FAIL - PERMIT LIMIT (*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 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:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,NC 27699-1621
Or,results can be sent to the email,ATForms.ATB@a,ncdenr.gov.
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, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is
employed for disinfection of the waste stream.
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Permit NC0046892
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.
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 region's drainage area.
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Permit NC0046892
A. (4.) 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 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. The eDMR system may be
accessed at:https://deq.nc.gov/aboutldivisions/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 report electronically 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.
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Permit NC0046892
➢ NPDES Electronic Reporting Rule—Phase 2 Extension. EPA is proposing to
extend the Phase 2 deadline from December 21, 2020 until at least December 21,
2023. The current compliance date will be extended if the implementation date is
extended as a final regulation change in the federal register.
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 NC0046892
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
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/aboutidivisions/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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