HomeMy WebLinkAboutNC0003671_Draft Permit_20210420ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Magellan Terminals Holdings, LP
Attn. Reed Maguire, Director of Operations
PO BOX 22186, OTC-8
Tulsa, Oklahoma 74121-2186
To Mr. Maguire:
r4ORTI-I CAROLINA.
f'nIrirenmentrrt Quality
Apri121, 2021
Subject: Review of NPDES Permit DRAFT
NC0003671, WWTP Grade PC-1
Greensboro Terminal II
Gilford County
The Division of Water Resources (DWR or the Division) received on February 8, 2021 your application
to renew the subject permit. Please carefully review the attached renewal draft to ensure your
understanding of its limits and monitoring conditions, and to correct errors, if any.
Concurrent with this notification, the Division will solicit public comment on this draft by publishing a
notice in newspapers having circulation in the general Guilford County area, as required by the NPDES
Program. Please submit your written comments (if any), to my attention, NCDEQ / DWR /NPDES no
later than May 24, 2021 (approximately 30 days after receiving this document). We welcome your
written comments, but they are not mandatory.
Whole Effluent Toxicity (WET) — Please note that the Division has increased WET testing from Annually
to Quarterly [see section A. (1.)] in compliance with new permitting policy. The Division has judged that
WET testing is needed at minimum Quarterly to protect surface water quality, and we are currently
converting permits statewide to Quarterly at renewal.
Database Evaluation. Since last renewal, the Division understands that Magellan has made no significant
alterations to treatment/pollution-prevention processes. We have therefore only updated the site map and
permit texts.
In keeping with current NPDES Permitting Guidance, DWR evaluated monitoring data by applying
reasonable potential analyses (RPAs) as required by the EPA. Each parameter of concern (POC) is
considered for its potential to exceed its respective surface water -quality standard.
Renewal Summary — DWR updated the following:
• Turbidity: monitoring continues Monthly; added limit based on RPA.
• Benzene: RP = yes; Monthly monitoring; added limit
• Ethylbenzene, and Total Xylenes: No RP; reduced monitoring to Quarterly
• EPA Method 625 monitoring continues Semi -Annually as a spot check for
additional POCs.
• MTBE: RP = yes; Monthly monitoring with limit
North Carolina Department of Environmental Quality' Division of Water Resources
Qom512North SalisburyStreet 1617Mail Service Center IRaleigh, North Carolina 27699-1617--919.707.9000
Reed Maguire, Director of Operations
Draft Permit Review Apri12021
Monthly Report Submittals: Federal regulations require electronic submittal of all program reports
and Monthly Discharge Monitoring Reports (DMRs); see Permit Condition A. (3.). Our records
show that Magellan has successfully registered for the Electronic Discharge Monitoring Report
(eDMR) program. If you have completed and submitted to DWQ an Electronic Signature
Agreement, you are no longer required to submit DMR hardcopy as back-up to the eDMR.
The NPDES standard conditions (Parts II, III, and IV), are part of this permit but are not included in this
draft document (cover, map, and Part I). The conditions are identical to your current permit except that
agency and division names have been updated. The latest version of Parts II, III, and IV are available
at https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file.
Following the mandatory 30-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 the undersigned at [joe.corporon@ancdenr.gov]. In support of mandated
emergency response to Covid 19, most of NC state government currently functions remotely, therefore
correspondence via email is preferred.
Respectfully,
Joe . Corporf n, P.G.
D Q / DWR NPDESTermitting
Enclosure: NPDES Permit NC0003671 (renewal draft)
ec: DWR/NPDES Program Files Laserfiche
DWR/OCU, Maureen Kinney
DWR/WSRO, Jenny Graznak
DWR/ATB, attention Zach Thoma s, cc Cindy Moore
PWS
Permit NC0003671
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WAS IEWATER 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,
Magellan Terminals Holdings, LP
is hereby authorized to discharge wastewater from outfalls located at the
Magellan Terminals Holdings - Greensboro Terminal II
7109 West Market Street, Greensboro
Guilford County
to receiving waters designated as an unnamed tributary of Horespen Creek within the 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 , 2021.
This permit and authorization to discharge shall expire at midnight on June 30, 2025.
Signed this day
, 2021.
S. Danny Smith, Director
Division of Water Quality
By Authority of the Environmental Management
Permit NC0003671
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.
Magellan Terminals Holdings, LP
is hereby authorized to:
1. continue operating an existing stormwater treatment Water Pollution Control System consisting of:
• truck loading -rack drains
• oil/water separator
• waste holding tank (with optional pump -out for offsite disposal)
• gravity drains to dike containment areas
• discharge line with hand -operated control valves (normally closed)
• thy ditch (draining to outfall)
located at the Magellan Terminals Holdings, LP, Greensboro Terminal II, 7109 West Market
Street, Greensboro, Guilford County, and
2. discharge from said treatment works via Outfall 001, at the location specified on the attached map,
into an unnamed tributary (UT) to Horsepen Creek [Stream Segment 16-11-5-(0.5)], a waterbody
currently classified WS-III; NSW within subbasin 03-06-02 of the Cape Fear River Basin.
Permit NC0003671
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.] WWTP Class PC-1 [15A NCAC 08G .0302]
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, monitored and reported' by the Permittee as
specified below:
EFFLUENT
CHARACTERISTICS
[Parameter Codes]
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow (MGD) 2
50050
Episodic
Grab
Effluent
Total Suspended Solids
C0530
45.0 mg/L
Monthly
Grab
Effluent
Oil and Grease 3 mg/L
00556
Monthly
Grab
Effluent
Benzene 4
34030
1.2 µg/L
Monthly
Grab
Effluent
Turbidity
00070
50 NTU
Monthly
Grab
Effluent
Toluene 4 µg/L
34010
Quarterly
Grab
Effluent
Total Xylenes 4 µg/L
81551
Quarterly
Grab
Effluent
WET Testing 5
TGE6C
Quarterly
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 application system [see A. (3.)].
2. Flow — if the facility does not discharge during a given compliance month, the Discharge
Monitoring Report (DMR) shall report "No Flow or "No Discharge."
3. Oil and Grease — where possible, skim the grab sample from the surface of a quiescent (calm
water) zone.
4. Samples to be collected concurrently with WET Test sampling.
5. WET (Whole Effluent Toxicity) Acute, 24-hour (Fathead Minnow), Quarterly during the
months of February, May, August, and November [see Special Condition A. (2.)].
Conditions:
1. The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
2. Direct discharge of tank solids, tank bottom water, or the rag layer is not permitted.
3. The Permittee shall discharge no tank (or pipe) contents following hydrostatic testing unless
benzene concentrations test less than 1.191.tg/L and toluene concentrations less than 11 µg/L.
Permit NC0003671
A. (2.) ACUTE TOXICITY — 24-HOUR STATIC TEST (Quarterly)
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 Fathead Minnow (Pimephales promelas) 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 February, May, August, and November. 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.
The parameter code for Pimephales promelas is TGE6C. All toxicity testing results required as part of
this permit condition 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-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.ATBAncdenr.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 (TRC) 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 any month, 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. Upon submission of a valid test, this monthly test requirement will
revert to quarterly in the months specified above.
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.
Permit NC0003671
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.
USE OF A DIFFERENT TEST ORGANISM
The permittee may request the use of a different test organism upon documentation that the alternate test
organism would provide an equal or greater level of protection and is appropriate based on the
characteristics of the discharge and receiving stream. Such documentation would consist of one of the
following:
1. For saltwater classified streams, a fathead minnow may be assigned as the acute testing species if
the salinity of the receiving stream at the point of discharge is <5 ppt throughout the tidally
influenced cycle. This determination may be based on the best professional judgment of DWQ
staff or data collection provided by the permittee and approved by DWQ staff. This evaluation
should include vertical profiles of salinity/conductivity measurements at both high tide and low
tide over several 24-hr cycles.
2. Three consecutive "side -by -side" tests with results indicating that the alternate test organism is as
or more sensitive to the facility's effluent. Each test series would consist of two separate toxicity
tests conducted on the same sample of effluent with the length of exposure specified by the permit,
the only difference between the tests being the organism used.
3. An alternate plan developed by the permittee and approved by the Aquatic Toxicology Unit that
demonstrates an equal level of protection is offered by the test organism.
For items 2 and 3, it must also be demonstrated that viable and standardized culture techniques are
available for that organism and standardized testing methodologies have been developed and validated.
This demonstration should meet guidance provided by EPA in Section 6 of EPA-821-R-02-012, Short
Term Methods for Estimating the Acute Toxicity of Effluents and Receiving Waters to Freshwater
Organisms Fifth Edition, 2002. Requests to use a different test organism and supporting documentation
should be sent to NC DWQ, ESS at the address listed above.
A. (3.) 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 NPDESPermits):
• 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)]
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Permit NC0003671
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/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, 2025, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program AnnualReports; 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-d ischarge-elimination-system-npdes-electronic-repo rting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section above.
Permit NC0003671
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
4. Signatory Requirements [Supplements Section B. (IL) (b) and Supersedes Section B. (11.) (d)]
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 fora period of at least 3 years from the date of the report. This period maybe extended by
request of the Director at any time [40 CFR 122.41].
Magellan Terminals Holdings, L.P.
Greensboro II Terminal
Latitude:
J,ongitude•
Receiving Stream;
Stream Class;
JNITC:
36° 04' 52" N State Grid/Quad: C 19 SW / Guilford, NC
79°55'56" W Drainage Basin: Cape Fear RiverBasin
UT HorsepenCreek ,Stream Segment: 16-11-5-(0.5)
WS-III, NSW Sub -Basin: 03-06-02
03030002
North
NPDES Permit NC0003671
Guilford County