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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