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HomeMy WebLinkAboutNC0042501_Draft Permit_20211026 ROY COOPER Governor ELIZABETH BISER , + Secretary , S. DANIEL SMITH "�aoa„,io' Director NORTH CAROLINA Environmental Quality October 26,2021 Kinder Morgan Southeast Terminals,LLC do Duncan Sinclair,Operations Manager • 1000 Winward Concourse, Suite 450 Alpharetta,Georgia 30005 Subject: Review of Draft NPDES Permit NC0042501 Kinder Morgan SE Terminals,LLC KMST Greensboro Terminal 2, WPCS Physical/Chemical Grade PCNC 6907 West Market Street,Greensboro Guilford County Mr. Sinclair: The Division of Water Resources(DWR or the Division)received your application to renew the subject permit on March 16,2021,and your application supplement,received August 18,2021.Please carefully review the attached permit 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 November 30,2021 (approximately 30 days after receiving this document).We welcome your written comments,but they are not mandatory. Whole Effluent Toxicity(WET)—Since last renewal the Division has deemed annual WET testing insufficiently frequent to adequately evaluate surface-water toxicity. Consequently,all permits statewide with annual testing are being converted to Quarterly at renewal.It follows therefore that we have set Quarterly WET testing as a minimum frequency for this permit. Data Evaluation. Since last renewal,the Division understands that Kinder Morgan has made no significant alterations to treatment/pollution-prevention processes.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 Summary of Changes for This Renewal: 1. updated facility description(see Supplement to Permit Cover Sheet) 2. updated text for WET testing [Condition A.(3.)] 3. updated facility map 4. updated monitoring frequencies for the analytes MTBE and Total Recoverable Phenolics,hereby reduced from Monthly to Quarterly. 5. increased Whole Effluent Toxicity(WET)testing frequency from Annually to Quarterly,in accord with revised statewide policy to protect surface water quality. 6. added pH monitoring,as required by EPA for all industrial dischargers. 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 Duncan Sinclair,Operations Manager Renewal Draft Permit Review,Oct2021 Page 2 of 2 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 Kinder Morgan has successfully registered for the Electronic Discharge Monitoring Report(eDMR) program.Please do not submit hard copy as back-up to eDMRs. The NPDES standard conditions(Parts II, III,and N), 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 N are available at https://bit.lv/2BZ4xxx and can be viewed online or downloaded as a PDF file. DEQ/DWR/NPDES Permitting 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 the undersigned at[ioe.corporon(a ncdenr.gov].In support of mandated emergency response to Covid 19,most of NC state government currently functions remotely in part,therefore correspondence via email is preferred. Respectfully, Jo R. orpo n,P.G Q/D /NPD S Permitting Enclosure: NPDES Permit NC0042501 (renewal draft) ec: DWR/NPDES Program Files Laserfche DWR/OCU,Maureen Kinney DWR/WSRO,attention Jenny Graznak DWR/ATB,attention Cindy Moore,Zach Thompson Kinder Morgan,attention Gordon Terhune[gordon_terhune@kindermorgan.com] PWS NPDES Permit NC0042501 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, Kinder Morgan Southeast Terl iin* (KMV1 T), LLC is hereby authorized to discharge water fron\outfalls loca at the KM �` reens � oro erminal 2 6376 B" "oplar Road, Greensboro .r ilford Ginty to receiving waters designated as an unnamed tributary(UT) of East Fork Deep River 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 August 31, 2026. Signed this day, , 2021. for S. Daniel Smith,Director Division of Water Resources By Authority of the Environmental Management Page 1 of 8 NPDES Permit NC0042501 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 operating an existing Surface-Water Pollution Control System for stormwater in proximity to above-ground storage tanks(ASTs)in support of surface bulk-storage of petroleum hydrocarbon fuels and ethanol exceeding one million gallons [exempt from Stormwater Regs] utilizing \ `. )\ • diked areas (secondary containment for A\ Ps and piping) \\ • truck loading-rack drains routed to a 10,000-gallon oil/water separator with hydrocarbon sensor(contents pumped to settling pond) • lined settling pond (with*tfall) \\ j N ' - • effluent pumps, totalizing flow metr}also fitted with a emergency 12 in-diameter discharge pipe emergency gravity release, if necessary • discharge contr valve,manually operated, normally closed(a point-source discharge) \\ • a treatment system for the tanker fueling area o truck loading-rack drains o a 5,000-gallon underground oil/water separator o a 10,000-gallon underground storage tank with pump o two (2) above ground storage tanks in series o two (2) carbon filtration units and a totalizing flow meter o conveyed via secondary containment to Outfall 001 located at the Kinder Morgan Southeast Terminals, Greensboro Terminal 2, 6376 Burnt Poplar Road, Greensboro, Guilford County, and 2. discharge from said treatment works via Outfall 001, a location specified on the attached map, into an unnamed tributary(UT)to the East Fork Deep River[stream segment 17-2-(0.3)], a waterbody currently classified WS-IV; * within hydrological unit 03-06-08 [HUC: 030300030102] of the Cape Fear River Basin. Page 2 of 8 NPDES Permit NC0042501 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq.,02B .0500 et seq.]WPCS Grade PC-1 [15A NCAC 08G.0302] Beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge treated stormwater from Outfall 001. Such discharges shall be limited,monitored and reported' by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample [PARAMETER CODES] Average Maximum Frequency Type Location Flow 2 (MGD) 50050 Episodic 2 Effluent Total Suspended Solids(TSS)(mg/L) C0530 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Turbidity 3(NTU) 00070 50 •TTU 50 NTU Monthly Grab Effluent pH(Standard Units) 00400 Not< 6.0 nor>9.0 s.u.\ Monthly Grab Effluent Oil&Grease 4(mg/L) • 00556, nthly Grab Effluent EPA Method 1664[SGT-HEM] N BTEX 5(µg/L) 3 ,30 Monthly Grab Effluent Naphthalene 5(µg/L) 4696 Monthly Grab Effluent Total Recoverable Phenolics 5(µg/L) 32730 Quarterly Grab Effluent MTBE 5(µg/L) 22417 Quarterly Grab Effluent Acute Whole Effluent Toxicity(WET) TGE6C Quarterly Grab Effluent Footnotes: 1. Beginning on the effective date of this permit,the Permittee shall submit Discharge Monitoring Reports electronically using NCDWR's eDMR application system [See Condition A. (4.)]. 2. Each discharge event shall be monitored for Flow volume and duration—During periods of no flow [no discharge],the Permittee shall submit a signed,monthly Monitoring Report(eDMR)indicating "No discharge."Flow may be documented using any one of the following four(4)methods: 1) measure flow continuously via weir or flow meter(totalizer preferred); 2) estimate flow at 20-minute intervals during the entire discharge event; 3) report flow based on discharge pump logs; or 4) calculate flow based on total rainfall per unit area draining to the outfall using the Rational Method[see formula, Section A. (2.)]. 3. Turbidity—Effluent turbidity shall not cause receiving-stream turbidity to exceed 50 NTU. If background turbidity naturally exceeds 50 NTU,the effluent shall not cause background turbidity to increase [NCAC 02B. 0211(21)]. 4. Where possible,the grab sample for Oil&Grease should be skimmed from the water surface of a quiescent(calm water)zone. Page 3 of 8 NPDES Permit NC0042501 5. BTEX[Benzine,Toluene,Ethylbenzene and Xylene],Naphthalene,MTBE-all analytical sensitivities[practical quantitation levels(PQLs)]must consider each respective analyte's water- quality standard[see Part II. Section D. (4.)]. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • Direct discharge is not permitted of tank solids,tank-bottom water,or the rag layer. • The Permittee shall discharge no tank [or pipe]hydrostatic testing wastewaters unless Benzene concentrations test less than 1.19 µg/L, and Toluene concentrations test less than 11 µg/L. A. (2.) FLO W MEASUREMENT RATIONAL [G.S. 143-215.1(b)] The Rational Method-Determination of P ak Runo : '\) [REF: FHWA Urban Drainage Design Manu 1'3 .2.Rati Met od(3-1)] Q=KuCIA,whe Q = flow(peak rate s or m3 Ku= unit conversation acto 1.008 f .S. standard units(usually ignored because lt,ik`s, ose to 1), 0.278 for metric units C = <dimensionlek�sY�noff coefficient for atershed, loosely defined as the ratio of runoffto 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. A. (3.) 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 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 Page 4 of 8 NPDES Permit NC0042501 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 quarterlyin the months specified above. q P 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 inwhich it was performed, using the parameter code TGE6C. 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,North Carolina 227699-1621 Completed Aquatic Toxicity Test Forms shall be led with tII Water Sciences\bction 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 an includ \all supporting chemical/physical measurements performed in association with the toxicity s s, as well as all-dose/response data. Total residual chlorine of the effluent toxicity sample ust be ea ed and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow m the it duringa month in which toxicitymonitoringis g Y 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. Page 5 of 8 NPDES Permit NC0042501 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)I The permittee shall report discharge 3onitoring tlata electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet applicati Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electrically using DMR. The eDMR syst6iii 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. Page 6 of 8 NPDES Permit NC0042501 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 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)J. 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 Page 7 of 8 NPDES Permit NC0042501 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 STATEMEN S 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 evaluc the info ration submitted. Based,dn my inquiry of the person or persons who manage the system, or those ersons\directly responsible for gathering the information, the information submitted IS,-to the bes f my knowledge dnd 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.)l 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 8 of 8 04)1.1\ 10 .0 ,74.:•wii_iirdtvw,„ "orizz„..f: , , -/7-13m. . .1„ jr,--wircirrii ,, t i .4, lAif 41, 1144411\lit .1..„...,...... ,lirsah„ ,,,cT•p-i -er- . ai, • \ . / //44 . ...\--.\1 rei ilte iiiFiA,.:__ _i fir .,,,, .. ' ,._ .\ , 4,„,. . ,,,,,„_,/,,,, ... „A ll Approximate Property Boundary ,` • „ .:..4:': t +i� fe' _ "4$, ��'MC11 / fir bt.. Ilf � tti q y4,,,iir , , .17 ii: 1...'filk•:,--AO -/Or•!willi'rold-.7 ;et1 f '4111110. 1 • f ,i, f, 1• . ilitri"'4:filltZl ri / lk,* ° . 7-ft'i'-z : Air," -A'"1111141.--'''''''''',""Z •..._ „IMP/6r/ AP -, -,rietlipegrel --4.... /4g, / lar,"*.V,Grapp,__ „IlliA . 1. re i il III71 i'''Aip -,011----14 ,..------,,-,----11...,, ,L)'-iirscr-""Cd*- es; '6.'1%1 ilitiq Ack, Akffiliatel 18p • LJ '1111.---wqftii.1 F vow' It. - vit.1 , ) 'fi.;.ICTIIM:41-.)11 '1A .- -...„.---.1-w. . ..ok, Z(% .41 :*-- 1 .7„,..,./4144.01 0 Outfall 001 Ct. 4-, .., ''�11� .rW -_.� __— _ -- A F ,uuu: Flows south !'�'1 `/44/� 1 ",44 �� Lat: W04' 27" "_ �� t 4114400..._ ALong: 79 ° 56' 02" '1"I I I I I 1 I kil 6,4'.„ . d - Ilit ��� fir,.. .� � �r►,,r I : ie4fAtip "k *4:**&...d/Arr2101-arprilt \*Illk fi4 I A:1 , + `� A%` UT to East Fork Deep River )_ -i 1 lia el° • - iiiiiiCii - -*- -*IP ° lik7 d 4.4 .1/'s - - - Nrivi. :KW. /110 1 1 -4*- '1' .;:‘, . pa. ", ip-i, 7.,„,pki"-- if ....,o , ., i .;:i.-k Whil el3' -,, \,, * . . 1 - 4 114\1 I" / LI lei tal ( Qt\,\,./ tir le 4 in dikr,,, i ,..7:...esc,...I.:,z..,,,,t7r,..„... .,,,I --,_ „:.„, i„,,,,,,..,.:„:„..,..,,,i.1.1 w'',,t:,ct7. "1. 114P4*111 I ii6 '' .,4--,--JK-q. - ,7 : ii .,,„-A,-*A .,,-. t.4.-. .is* ,A,,,, ....t..,.....,. ,,....., .\.44 , eiii...ifirid .....„...„ ,.. ..,.., „ix, 4..z,...,„ ,,.. . 0 ;. . i ,4,:,.i . A.--.. .::',',":::''''';::-`e• .4 1, . -•, ,, 1 -. ) eti, \ , )4rei...,..1, ---,,, ,,w,—4, iisik 1r; ‘,.! n!*• : .....,-. :,,•:.f..i.,,:,4 L ....4 . '''''\'''. - --.461 (1:147 mil/AL 1 . ....,„*„. Kinder Morgan Southeast Terminals, LLC Facility Greensboro Terminal 2 Location State Grid/Ouad: C 19 SW/Guilford,NC HUC: 03030003 (not to scale) Stream Segment: 17-2-(0.3) Hydrologic Unit: 03-06-08 Drainage Basin: Cape Fear River Basin Stream Class: WS-IV* f A* NPDES Permit NC0042501 Receiving Stream: UT to East Fork Deep River • North Guilford County