HomeMy WebLinkAboutNC0073181_Draft Permit_20220222 :=,„,STATE osti',,
/,I'' J ROY COOPER 4 ` , l n
Governor y,u O`
ELIZABETH S.BISER �_?
Secretary q*'' f$fQWMNOCW___
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
February 22, 2022
Troy Sturtz, Terminal Manager
Kinder Morgan Terminals Wilmington, LLC
1710 Woodbine St.
Wilmington,NC 28401
Subject: Draft NPDES Permit NC0073181
Wilmington River Road Terminal
Grade I Physical Chemical WPCS
New Hanover County
Dear Mr. Sturtz:
The Division has reviewed your request to renew the subject permit. Please review this draft carefully to
ensure a thorough understanding of the information, conditions, and requirements it contains.
The draft permit includes the following significant changes from the existing permit:
1. The facility classification Grade I Physical Chemical Water Pollution Control System (WPCS)was
added to the effluent page.
2. The Turbidity limits were removed from the effluent table. The Turbidity water quality standard will
be maintained in the permit as a footnote narrative condition for instream.
3. The flow monitoring Footnote 3 has been updated.
4. Concurrent sampling with WET testing is no longer required.
5. The Acute WET test condition was updated. See Condition A. (3.).
6. The electronic reporting permit special condition A. (5.)was updated. Footnote 1 for electronic
reporting was updated for Condition A. (1.).
Please note that the Caper Fear River is listed as an impaired waterbody on the North Carolina 303(d)
Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data
will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream
impairment can be attributed to your facility,then mitigative measures may be required.
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
except that agency and division names have been updated. The latest version is available at
https://bit.ly/2BZ4xxx and can be viewed online or 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 New Hanover County area, per EPA
Department Environmental Quality Division of
NORTH CARouNA
O00 512 North), NorthCarolina Salisbury Street 1 1617of Mail Service Center I Raleigh,NorthWater CarolinaResources 27699-1617
Department of Environmental Merry 919.707.9000
requirements. Please provide your comments,if any,to me at the address below 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 at 919-707-3618, or via e-mail at derek.denard@ncdenr.gov.
Sincerely,
et5;c€12C
Derek Denard, Environmental Specialist
NPDES Compliance and Expedited Permitting
Division of Water Resources,NCDEQ
ec: NPDES File [Laserfiche]
Kinder Morgan/Jon Booth[Jon booth(ngkindermorgan.com];Troy Sturtz[troy_sturtzgkindermorgan.com]
WiRO/Morella S.King [morella.sanchez-king@ncdenr.gov]
WSS/Aquatic Toxicology Branch/Zach Thomas [zachary.thomas@ncdenr.gov];Cindy Moore [cindy.a.mooregncdenr.gov]
Wastewater Operator Certification Group [Maureen.Kinneygncdenr.gov]
NPDES Permit NC0073181
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UN► ' THE
NATIONAL POLLUTANT DISCHARGE E IATION SYSTEM
(NPDES)
In compliance with the provisions of North Carolina Gene Statut. -215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina ' inmental Management
Commission, and the Federal W, ' 'ollution Control Act, amended,
Kinder Morgan Termi . Wi l gton, Li%
is hereby authorized to discharge wastewate .q outfalls located at the
• mingtoVvSibad Terminal
fiver ad, Wilmington
ew Hanover County
to receiving waters designated as an unnamed tributary to the Cape Fear River within the Cape Fear
River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set
forth in ParrI, II, III an hereof.
This permi become effective 4k
This permit and 'zation to arge shall expire at midnight on December 31,2026.
Signed this day
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8
NPDES Permit NC0073181
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 Terminals Wilmington, LLC
is hereby authorized to:
1. Continue discharge stormwater from an existing Surfa ester Pollution Control System consisting
of:
• Oil /water separator(s)
• Waste holding tank(s)
• Wastewater holding pond.
The facility is located at the Wilmi gton River Road 340 River Road, Wilmington)in
New Hanover County.
2. Discharge from sal tment facility via Outfall 001 at a specs d location (see attached map)into
an unnamed tributary Cape Fear River [Stream Segment: 18-(71)], a waterbody currently
classified a waters obbasin 03-06-17 [HUC: 030300050504] the Cape Fear River Basin.
Page 2 of 8
NPDES Permit NC0073181
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade I Physical Chemical Water Pollution Control System [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 and monitored) by the Permittee as
specified below:
1
EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS
[PARAMETER CODES] Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 2
Flow(MGD) 05005 Monitor&Report Monthly Calculated 3 Effluent
Oil and Grease(mg/L)4
US EPA Method 1664 00556 30.0 mg/ .0 mg/L Monthly Grab Effluent
(SGT-HEM)
Total Suspended Solids(TSS)(mg/L) CO5 0.0 mg/L 45.0 mg/L Monthly Grab Effluent
EPA Method 624 5 76029 Monitor& Report Semi-annually Grab Effluent
EPA Method 625 5 76028 Monitor&Report Semi-annually
Grab Effluent
Methanol(µg/L) 85 Monitor&Report Grab Effluent
Turbidity(NTU)6 00070 Monitor&Report IIIPMonthly Grab Effluent
7 TGE3E See Footn to 7 AnnuallyGrab Effluent
Acute Toxicity
Footnotes:
1. The Penittee shall subm charg itoring Reports electronically using NC DWR's eDMR application
system. See Condition A. ( .).
2. All samples shall be taken at the discharge pump station.
3. Each discharge eve t shall be monit red for Flow volume and duration-During periods of no flow,the
Permittee shall su a signed,mo ly Discharge Monitoring Report(DMR) indicating "No discharge."
Flow may be doc ed using any ne of the following four(4)methods:
1) measure flow continuously via weir or flow meter(totalizer preferred);
2) estimate flow at 20-minufe 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.)].
4. Where possible,the grab sample for oil and grease should be skimmed from the surface of a quiescent(calm
water)zone.
5. 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 to include
Page 3 of 8
NPDES Permit NC0073181
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.
6. Turbidity—Effluent turbidity shall not cause receiving-stream turbidity to exceed 25 NTU. If background
turbidity naturally exceeds 25 NTU,the effluent shall not cause background turbidity to increase.Any
discharge exceeding this permit limit will require sufficient instream sampling(upstream and/or downstream)
to verify compliance (effluent vs.background). [NCAC 02B. 0211(21)]
7. If Acute WET-test fails [TGE3E],Mysid Shrimp (Mysidopsis bahia),the Permittee shall test each subsequent
discharge event until testing indicates"pass,"after which Quarterly monitoring shall resume in accord with
Section A.(3). If after a subsequent five (5)consecutive Quarterly events,WET results demonstrate no
toxicity(i.e.,"pass"),the Permittee may petition the Division to rel itoring,as data may warrant.
Conditions:
• There shall be no discharge of floating solids or foam visib e trace amounts.
• Direct discharge of tank solids,tank bottom water,or rag ayer is no itted.
• Hydrostatic Tank Testing: The Permittee shall dis no "tank solids," no "tank bottom-water," no "tank
rag-layer" or tank/piping test contents unless Ben s reported less than 51 µg/L and Toluene concentration
is less than 370 µg/L.
1
A. (2.) FLOW MEASUREME1 RATIONAL
[G.S. 143-215.1(b)]
The Rational Method- Determination of Peak Runoff.
[REF: FHWA Urban Drainage Design Manual, 3.2.2.Ratz l Method(3-1)]
Q=KuCIA, where:
S(peak flow rate m3)
conversation factor= or U.S. standard units (usually
red because it is so close to 1), or 0.278 for metric units
nsionless runoff coefficient for the watershed, loosely defined
e ratio of runoff to rainfall
sity of rainfall [taken from the intensity-durationfrequency
es for the specified design return period at the time of
entration, tc (in/h or mm/h). tc =time of concentration (time
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.
Page 4 of 8
NPDES Permit NC0073 181
A. (3.) ACUTE TOXICITY PASS/FAIL 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 Mysid Shrimp (Mysidopsis bahia) 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 montf January,April,July, and
October. These months signify the first month of each three-month tikcity 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 pet it conditio ' 1 be entered electronically using
the Division's eDMR system for the month in which it was perford, using the paer code
TGE3E. Additionally, DWR Form AT-2 (original) is to be sent to the following address:
North Carolina Division °Mate ources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail-Service Center ,
Raleig NC 27699-16k
6
Or,results can be sent to mail, ATForms.ATB@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.
1
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified4 laboratory supervisor and ORC or approved designate
signature.
Total residual chlorin- of the effluent toxicity sample must be measured and reported if chlorine is
employed for disinf-, ' of the was* stream.
Should there be no discha _ - 1 sw from the facility during a month in which toxicity monitoring is
required,the permittee will c. slete 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
Page 5 of 8
NPDES Permit NC0073 181
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.
APV
A. (4.) PERMIT RE-OPENER: TMDL I ENTAT G.S. 143-215.1 (b)]
The Division may,upon written notification to the P ittee,re-open this Pe order to incorporate
or modify effluent limitations,monitoring and reporting quire1, and other ' conditions when
it deems such action is necessary to implement TMDL(s) a r y the U.S. EP
1
A. (5.) ELECTRONIC REPORTING - DISCHARGE ITORING REPORTS
[NCGS 143-215.1 (b)] W
Federal regulations req lectronic ittal of all discharge monit ports(DMRs)and program reports.
The final NPDES Electro eporting was adopted and became effective on December 21,2015.
NOTE: This special condition upplements ersedes the ollowing sections within Part II of this permit
(Standard Aconditions for NPDES Permits):
• ( Section B.(11.) atory Req .rements
• Section D.(2.) R • g
6.
• Section D.(6.) Reco s Retentio
• Section Monitoring Reports
1. Reporting Requir ents [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/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
Page 6 of 8
NPDES Permit NC0073181
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.
Monitoring results obtained during the previous month(s)shall be summarized for each month and reported
via the eDMR system no later than the last calendar day of the month following the completed reporting
period. Regardless of the submission method,the first DMR is due Ln 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 mu onically report the following compliance
monitoring data and reports,when applicable:
• Sewer Overflow/Bypass Event Reports; and
• Pretreatment Program Annual Re I- - and -4
• Clean Water Act(CWA) Section ' nual Report .
The permittee may seek an electronic reps ,g , 4 om the (see "How to Request a Waiver
from Electronic Reporting"section below).
2. Electronic Submi
In accordance with 40 R 122.41(1)(9),the permi -e must identify the initial recipient at the time of each
electronic submission. The permittee shou d use the EPA's website resources to identify the initial recipient
for the e bmission.
Ini • pient of e ectronic NPDES information from NPDES-regulated facilities means the entity(EPA or
the uthorized by Eliiii to implement the NPDES program)that is the designated entity for receiving
electro DES data [se0 40 CFR 12
EPA plans t lish a website that will als ink to the appropriate electronic reporting tool for each type of
electronic sub and for each state. Instructions on how to access and use the appropriate electronic
reporting tool wil ailable as well. Information on EPA's NPDES Electronic Reporting Rule is found at:
https://www.fede alregister.gov/documents/2015/10/22/2015-24954/national-pollutant-
discharge-elimination-system-pdes-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
Page 7 of 8
NPDES Permit NC0073181
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
1
4. Signatory Requirements [Supplements Section B. (11.) (b)and Supersedes Section B.(11.) (d)1
All eDMRs submitted to the permit issuing authority shall lVned by a person described in Part II, Section
B. (11.)(a)or by a duly authorized representative of th. on as described in Part II, Section B.(11.)(b). A
person,and not a position,must be delegated signat• ority for eDMR reporting purposes.
For eDMR submissions,the person signing and s . 'ling the DMR must obtain an eDMR user account and
login credentials to access the eDMR system. Forms • ormatio q North Carolina's eDMR system,
registering for eDMR and obtaining aneD R user acc• 'le.• the following web gage:
http://deq.nc.gov/about/divisions/wateiiesources/e. r
Certification. Any person submitting an electronic D sing the ' ' eDMR system shall make the
following certification [40 R 122.22]. NROTHER S EN CERTIFICATION WILL BE
ACCEPTED:
"I cent , under pe law, that this document and a attachme ere prepared under my direction or
supervision in accor ance with a systenl designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry f the person or persons who manage the system, or
those persons directly responsible for gathering the infor ation, 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."
hL
5. Records Retention [Supplenints Section 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].
4
Page 8 of 8
Kinder Morgan Terminals Wilmington, LLC
Wilmington River Road Terminal
NPDES Permit NC0073181
3340 River Road, Wilmington
Receiving Stream: UT to Caper Fear River Stream Class: SC
Stream Segment: 18-(71) Sub -Basin #: 03-06-17
River Basin: Cape Fear HUC: 030300050504
County: New Hanover
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Outfall 001: 34° 10' 43" N, -77° 57' 15" W
USGS Quad: Wilmington, NC