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NC0004375_Permit (Modification)_20110613
NPDES DOCUMENT !MANNINO COVER SHEET NC0004375 Clariant Corporation NPDES Permit: Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence Owner Name Change Approval Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: June 13, 2011 'This document is printed on reuse paper - ignore any content on the re'rerse side e vigx, AtNettive,.. ooloyit 4Thems CDENR r-bi meg 1- okrosAi North Carolina Department of Environment and Natural Resources o GGL1es' Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 13, 2011 Mr. Bill Archer, Facility Manager Clariant Corporation P.O. Box 669246 Charlotte, North Carolina 28266 Subject: NPDES Permit Modification Permit NC0004375 Clariant Corporation Mecklenburg County Dear Mr. Archer: The Division of Water Quality is forwarding herewith the Final NPDES permit modification for the subject facility. Please replace Effluent Sheet A(1) in your current permit with the modified Effluent Sheet. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This permit modification contains the following significant changes to Effluent Sheet A(1) from your current permit: • A 90% nutrient (TN, TP) allocation transfer from Clariant'permit to a future City of Charlotte Regional WWTP. The actual reduction in Clariant's mass nutrient limitations (to 31.5 pounds/day TN and 4 pounds/day TP, based on a 12-month rolling average) will become effective upon the Division's receipt of (a) an Engineer's Certificate of Construction Completion for the Charlotte Regional WWTP, and (b) written notification from Clariant authorizing such nutrient transfer. There were no significant comments received on this permit modification during the 30 day public comment period, and there have been no changes between the draft and final permit modification. If any parts, measurement frequencies, or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity ;Affirmative Action Employer Nne oirthCarolina !''aturaiij adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit modification shall be final and binding. Please take notice that this permit is not transferable except after notice to the Division of Water Quality. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions or comments concerning this permit modification, please contact me at the following e-mail address: tom.belnick(ii)ncdenr.t;ov, or telephone number: 919-807-6390. Sincerely, om Belnick, Supervisor Complex Permitting Unit Cc (Hardcopy): NPDES File Central File Mooresville Regional Office / Water Quality Section (Mike Parker) Cc (Email): EPA Region 4 (Pamala Myers) Mecklenburg County (Erin Hall) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919.807.64921 Customer Service: 1-877-623-6748 Internet www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina jVaturallrt Permit NC0004375 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until the addition of future wastewater sources or expiration, the Permittee is authorized to discharge treated C\VT and non -categorical industrial process wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Sample Sample Location Frequency Tye e Flow 3.9 MGD Continuous Recording Influent or Effluent BOD, 5-day, 20°C4 300.1 pounds/day 888.5 pounds/day Daily Composite Effluent Total Suspended Solids 395.4 pounds/day 1,245.2 pounds/day Daily Composite Effluent Oil and Grease 102.9 pounds/day 344.2 pounds/day Monthly Grab Effluent Dissolved Oxygen Daily Grab Effluent, Ul & Di Fecal Coliform (geometric mean) Monthly Grab Effluent pH2 Daily Grab Effluent, Ul & Di NH3 as N4 574.5 pounds/day 861.8 pounds/day Daily Composite Effluent Temperature °C Daily Grab Effluent, Ul & Di Conductivity Daily Grab Effluent, Ul & Di COD Monthly Grab Effluent Total Nitrogen (NO2+NO3+TKN) 318.5 pounds/days 31.5 pounds/days Monthly Composite Effluent Total Phosphorus 40.0 pounds/days 4.0 pounds/days Monthly Composite Effluent Total Mercury 12 ng/L 12 ng/L Monthly Grab Effluent Total Phenols Monthly Grab Effluent MBAS Quarterly Composite Effluent Total Iron Quarterly Composite Effluent Sulfates Quarterly Composite Effluent Chlorides Quarterly Composite Effluent Total Manganese Quarterly . Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent Total Chromium Monthly Composite Effluent Total Antimony 310 pglL 310 pglL Monthly Composite Effluent Total Arsenic 2,771 pg/L 2,771 pg/L Monthly Composite Effluent Total Copper 3.97 pounds/day 4.5 pounds/day Monthly Composite Effluent Total Zinc 2.2 pounds/day 2.6 pounds/day Monthly Composite Effluent Footnotes: see next page 1 • Footnotes to Effluent Sheet A(1): 1. U= upstream at NC Highway 27. D = downstream at I-85. Upstream and downstream samples for dissolved oxygen, temperature, conductivity and pH shall be collected three times per week during June, July, August and September and once per week during the remaining months of the year. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Chronic Toxicity, refer to Section A. (3). 4. Staging requirements (applicable April 1-October 31) — Refer to Section A. (5). 5. The Total Nitrogen and Total Phosphorus mass limitations are based on a 12-month rolling average. Refer to Section A. (4). 6. The reduction in Clariant's nutrient mass limitations reflect a 90% nutrient allocation transfer of 287 pounds/day Total Nitrogen and 36 pounds/day Total Phosphorus to the City of Charlotte's proposed Regional WWTP. The allocation transfer and subsequent reduction in Clariant's nutrient mass limitations will become effective upon the Division's receipt of both (a) an Engineer's Certificate of Construction Completion for the Charlotte Regional \VWTP, and (b) written notification from Clariant authorizing such nutrient transfer. Clariant's reduced mass nutrient limitations are based on a 12-month rolling average (refer to Section A.(4)). There shall be no discharge of floating solids or visible foam in other than trace amounts. 2 Department of Environment and Natural Resources Division of Water Quality Fact Sheet for NPDES Permit Modification Facility Information: NC0004375 (Clariant Corporation) Applicant/Facility Name: Clariant Corporation — Mt. Holly Applicant Address: P.O. Box 669246, Charlotte, NC 28266 Facility Address: 11701 Mount Holly Rd., Charlotte, NC28214 Permitted Flow: 3.9 MGD (Grade IV — Biological) Type of Waste: Industrial, Stormwater, and Sanitary Wastewater Facility/Permit Status: Permit Modification County: Mecklenburg County Miscellaneous Receiving Stream: Catawba River Stream Classification: WS-IV-CA 303(d) Listed?: No Subbasin: 03-08-34 Drainage Area (mi2): 40.8 mi2 Summer 7Q10 (cfs): 329 cfs Winter 7Q10 (cfs): NA Average Flow (cfs): 3,016 cfs IWC (%): 1.8 % Primary SIC Code: 2865 Regional Office: Mooresville USGS Topo Quad: Mountain Island Lake & Mount Holly Permit Writer: Tom Belnick Date: April 12, 2011 Permit Modification This permit modification reflects a proposed 90% transfer of nutrient allocation (i.e., 287 lbs/day TN, 36 lbs/day TP) from permittee (Clariant) to a future regional WWTP to be owned/operated by the City of Charlotte. The proposed regional WWTP will be located on property adjacent to the Clariant facility as part of a future ReVenture "green" development. Clariant currently discharges to the Catawba River (Lake Wylie) and nutrient loading is governed by a 1996 Lake Wylie TMDL. This proposed permit modification will not add any additional nutrient loading to the lake. Lake Wylie is not listed as impaired for chlorophyll -a on the 2010 303(d) list. In order for this permit modification to be activated, the proposed City of Charlotte Regional WWTP still needs to proceed through the North Carolina SEPA process with a successful outcome, then receive an NPDES permit which includes the reserve nutrient allocation. The allocation transfer will become effective upon the Division's receipt of both (a) an Engineer's Certificate of Construction Completion for the regional WWTP, and (b) written notification from Clariant authorizing such nutrient transfer. Until such time, Clariant's mass nutrient limitations remain unchanged. State Contact If you have any questions on any of the above information or on the attached permit modification, please contact Tom Belnick at (919) 807-6390. Fact Sheet N1'l)LS Permit Modification (NC0004375) Page -1 C!�i,,ht //v_ - f4I4i)J1 y/Ly/II North Carolina ) ss Mecklenburg County) The Charlotte Observer Publishing Co. Charlotte, NC Affidavit of Publication THE CHARLOTTE OBSERVER CDENR/DWQ/POINT SOURCE B 1617 MAIL SERVICE CENTER RALEIGH NC 27699 REFERENCE: 40509527 D SPRINKLE 017870/6565508 PUBLIC NOTICE NORTH Before the undersigned, a Notary Public of said County and State, duly authorized to administer oaths affirmations, etc., personally appeared, being duly sworn or affirmed according to law, doth depose and say that he/she is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of Mecklenburg, and State of North Carolina and that as such he/she is familiar with the books, records, files, and business of said Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. PUBLISHED ON: 04/29 AD SPACE: FILED ON NAME In Testimon day and year Notary:: 56 LINE 05/03/11 , LE: a DATE: M A' Public Notice North Carolina Environmental Management Commission/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Notice of Intent to Issue a NPDES Wastewater Permit The North Carolina Environmental Management Commission proposes to issue a NPDES wastewater discharge permit to the person(s) listed below. Written comments regarding the proposed permit will be accepted until 30 days after the publish date of this notice. The Director of the NC Division of Water Quality (DWO) may hold a public hearing should there be a significant degree of public nterest. Please mail comments and/or information requests to DWO at the above address. Interested persons may visit the DWO at 512 N. Salisbury Street, Raleigh, NC to review information on file. Additional information on NPDES permits and this notice may be found on our website: http://portal.ncdenr.org/web/wq/swp/ps/npdes/calendar, or by calling (919) 807-6304. Clariant Corporation requested a modification of permit NC0004375 for Mount Holly East facility in Mecklenburg County; this facility discharges treated industrial wastewater to Catawba River, Catawba River Basin. LP17870 set my hand and affixed my seal, the iwly Commission Expires May 17, 2011 My Commission Expires: _/_/_ ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary MEMORANDUM To: From: Subject: Apri127, 2011 Britt Setzer NCDENR / DEH / Regional Engineer Mooresville Regional Office Tom Belnick NPDES Unit Review of Draft NPDES Permit Modification for NC0004375 Clariant Corporation Mecklenburg County Please indicate below your agency's position or viewpoint on the draft permit and return this form by May 27, 2011. If you have any questions on the draft permit modification, please contact me at (919) 807-6390 or e-mail tom.belnick@ncdenr.gov. RESPONSE: (Check one) Concur with the issuance of this permit provided the facility is operated and maintained properly, the stated effluent limits are met prior to discharge, and the discharge does not contravene the designated water quality standards. Concurs with issuance of the above permit, provided the following conditions are met: Opposes the issuance of the above permit, based on reasons stated below, or attached: 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919.807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer �ne CaYO11Ila �tura!!, oA CfC*1 ciah• io `.2004!( zaif Belnick, Tom From: Myers.Pamala@epamail.epa.gov Sent: Thursday, April 28, 2011 10:55 AM To: Belnick, Tom Subject: Re: NC0004375 Clariant Permit Mod Tom, Thank you for providing this draft permit modification for our review. I have no comments. Pamala Myers 404.562.9421 myers.pamala(Eepa.gov Environmental Engineer and Technical Advisor I Pollution Control and Implementation Branch Water Protection Division I Municipal and Industrial NPDES Section U.S. EPA, Region 4 161 Forsyth St. SW I Atlanta, GA 30303 .,.... ....• -'•...>< From: "Belnick, Tom" <tom.belnick@ncdenr.gov> To: Pamala Myers/R4/USEPA/US@EPA, "Parker, Michael" <michael.parkerPncdenr.gov>, "Setzer, Britt" <britt.setzerRncdenr.gov>, "erin.hallOmecklenburgcountync.gov" <erin. hall@mecklenburgcountync.gov>, "Stecker, Kathy" <kathy.steckerOncdenr.gov> Date: 04/26/2011 12:39 PM Subject: NC0004375 Clariant Permit Mod Folks- attached please find a proposed NPDES permit modification for Clariant involving a nutrient allocation transfer, but no net change in nutrient loading to the lake. This mod will go to public notice on April 27. Major Discharger- EPA review Discharge to WS Class- DEH review Discharge in Mecklenburg County- Mecklenburg County review Discharge to MR0 Region- Region review Discharge subject to TMDL- TMDL review Tom Belnick Supervisor, Complex NPDES Permitting Unit NC DENR/Division of Water Quality 1617 Mail Service Center, Raleigh, NC 27699-1617 (919) 807-6390; fax (919) 807-6495 1 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. [attachment "4375-draft Mod letter 2011.docx" deleted by Pamala Myers/R4/USEPA/US] [attachment "4375-fact sheet-2011 Mod.docx" deleted by Pamala Myers/R4/USEPA/US] [attachment "4375-Permit Mod-2011.docx" deleted by Pamala Myers/R4/USEPA/US] [attachment "DEH Review 27Apri12011.docx" deleted by Pamala Myers/R4/USEPA/US] 2 I s NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Mr. Bill Archer, Facility Manager Clariant Corporation P.O. Box 669246 Charlotte, North Carolina 28266 Dear Mr. Archer: April27, 2011 Dee Freeman Secretary Subject: Draft NPDES Permit Modification Permit NC0004375 Clariant Corporation Mecklenburg County Enclosed with this letter is a copy of the draft permit modification for your facility. Please review the draft modification very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft modification contains the following significant changes from your current permit: • A 90% nutrient (TN, TP) allocation transfer from Clariant'permit to a future City of Charlotte Regional WWTP. The actual reduction in Clariant's mass nutrient limitations (to 31.5 pounds/day TN and 4 pounds/day TP, based on a 12-month rolling average) will become effective upon the Division's receipt of (a) an Engineer's Certificate of Construction Completion for the Charlotte Regional WWTP, and (b) written notification from Clariant authorizing such nutrient transfer. Please submit any comments to me no later than thirty days following your receipt of the draft permit modification. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 i Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal opportunity 1 Affirmative Action Employer No"rthCarolina 7Vaturaiij If you have any questions or comments concerning this draft pernnit modification, please contact me at the following e-mail address: tom.bclnickw,ncdenr.gov, or telephone number: 919-807-6390. Sincerely, m Belnick, Supervisor Complex Permitting Unit Cc (Hardcopy): NPDES File --€ontral File - Cc (Email): EPA Region 4 (Pamala Myers) Mooresville Regional Office / Water Quality Section (Mike Parker) Modeling/TMDL Unit (Kathy Stecker) DEH (Britt Setzer) Mecklenburg County (Erin Hall) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location; 512 N. Salisbury St. Raleigh, North Carn'lna 27604 Phone: 919-807-6300 \ FAX: 919.807.64921 Customer Service: 1-877-623.6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer NorthCarolina Naturally . • Permit NC0004375 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until the addition of future wastewater sources or expiration, the Permittee is authorized to discharge treated CWT and non -categorical industrial process wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Sample Sample Location Frequency Type Flow 3.9 MGD Continuous Recording Influent or Effluent BOD, 5-day, 20°C4 300.1 pounds/day 888.5 pounds/day Daily Composite Effluent Total Suspended Solids 395.4 pounds/day 1,245.2 poundslday Daily Composite Effluent 0il and Grease 102.9 pounds/day 344.2 pounds/day Monthly Grab Effluent Dissolved Oxygen Daily Grab Effluent, Ul & D' Fecal Coliform (geometric mean) Monthly Grab Effluent pH2 Daily Grab Effluent, Ul & Di NH3 as N4 574.5 pounds/day 861.8 pounds/day Daily Composite Effluent Temperature °C Daily . Grab Effluent, U' & Di Conductivity Daily Grab Effluent, U' & Di COD Monthly Grab Effluent Total Nitrogen (NO2+NO3+TKN) 318.5 pounds/day5 31.5 pounds/day6 Monthly Composite Effluent Total Phosphorus 40.0 pounds/day6 4.0 pounds/day6 Monthly Composite Effluent Total Mercury 12 ng/L 12 ng/L Monthly Grab Effluent Total Phenols Monthly Grab Effluent MBAS Quarterly Composite Effluent Total Iron Quarterly Composite Effluent Sulfates Quarterly Composite Effluent Chlorides Quarterly Composite Effluent Total Manganese • Quarterly Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent Total Chromium Monthly Composite . Effluent Total Antimony 310 pglL 310 pg/L Monthly Composite Effluent Total Arsenic 2,771 pglL 2,771 pglL Monthly Composite Effluent Total Copper 3.97 pounds/day 4.5 pounds/day Monthly Composite Effluent Total Zinc 2.2 pounds/day 2.6 pounds/day Monthly Composite Effluent Footnotes: see next page 1 Footnotes to Effluent Sheet A(1): 1. U= upstream at NC Highway 27. D = downstream at I-85. Upstream and downstream samples for dissolved oxygen, temperature, conductivity and pH shall be collected three times per week during June, July, August and September and once per week during the remaining months of the year. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Chronic Toxicity, refer to Section A. (3). 4. Staging requirements (applicable April 1-October 31) — Refer to Section A. (5). 5. The Total Nitrogen and Total Phosphorus mass limitations are based on a 12-month rolling average. Refer to Section A. (4). 6. The reduction in Clariant's nutrient mass limitations reflect a 90°/a nutrient allocation transfer of 287 pounds/day Total Nitrogen and 36 pounds/day Total Phosphorus to the City of Charlotte's proposed Regional WWTP. The allocation transfer and subsequent reduction in Clariant's nutrient mass limitations will become effective upon the Division's receipt of both (a) an Engineer's Certificate of Construction Completion for the Charlotte Regional WWTP, and (b) written notification from Clariant authorizing such nutrient transfer. Clariant's reduced mass nutrient limitations are based on a 12-month rolling average (refer to Section A.(4)). There shall be no discharge of floating solids or visible foam in other than trace amounts. 2 Department of Environment and Natural Resources Division of Water Quality Fact Sheet for NPDES Permit Modification Facility Information: NC0004375 (Clariant Corporation) Applicant/Facility Name: Clariant Corporation — Mt. Holly Applicant Address: P.O. Box 669246, Charlotte, NC 28266 Facility Address: 11701 Mount Holly Rd., Charlotte, NC28214 Permitted Flow: 3.9 MGD (Grade IV — Biological) Type of Waste: Industrial, Stormwater, and Sanitary Wastewater Facility/Permit Status: Permit Modification County: Mecklenburg County Miscellaneous Receiving Stream: Catawba River Stream Classification: WS-IV-CA 303(d) Listed?: No Subbasin: 03-08-34 Drainage Area (mi2): 40.8 mi' Summer 7Q10 (cfs): 329 cfs Winter 7Q10 (cfs): NA Average Flow (cfs): 3,016 cfs IWC (%): 1.8 % Primary SIC Code: 2865 Regional Office: Mooresville USGS Topo Quad: Mountain Island Lake & Mount Holly Permit Writer: Tom Belnick Date: April 12, 2011 Permit Modification This permit modification reflects a proposed 90% transfer of nutrient allocation (i.e., 287 lbs/day TN, 36 lbs/day TP) from permittee (Clariant) to a future regional WWTP to be owned/operated by the City of Charlotte. The proposed regional WWTP will be located on property adjacent to the Clariant facility as part of a future ReVenture "green" development. Clariant currently discharges to the Catawba River (Lake Wylie) and nutrient loading is governed by a 1996 Lake Wylie TMDL. This proposed permit modification will not add any additional nutrient loading to the lake. Lake Wylie is not listed as impaired for chlorophyll -a on the 2010 303(d) list. In order for this permit modification to be activated, the proposed City of Charlotte Regional WWTP still needs to proceed through the North Carolina SEPA process with a successful outcome, then receive an NPDES permit which includes the reserve nutrient allocation. The allocation transfer will become effective upon the Division's receipt of both (a) an Engineer's Certificate of Construction Completion for the regional WWTP, and (b) written notification from Clariant authorizing such nutrient transfer. Until such time, Clariant's mass nutrient limitations remain unchanged. State Contact If you have any questions on any of the above information or on the attached permit modification, please contact Tom Belnick at (919) 807-6390. Fact Sheet NPDES Permit Modification (iNC'0004375) Page 1r� VZ ‘fite h h ei° ell -eve/ • Hpm- -r.Ste E en3f odt3 D)iL35e lcvl; Soy? L.o211nng R?rnsh • Se._..1on - filter 'f Toggle Filler Size to-:vit!h Fit Form :. nocsc " Permit Number INC0004375 Owner IClariant Corporation Mailling Address Line 1 IP 0 Box 669246 Mailing Address Line 2 City 'Charlotte Stale INC Zip 128218 Notice Language - Paper Facility 'Mount Holy East (MHE) Facility County 'Mecklenburg Facility Type 'Industrial Process & Commercial Permitted Flow '3903000 Receiving Stream 'CATAWBA RIVER (Lake Wylie beIw elevation 570) Subbasin 130834 Region Office 'Mooresville Cladant Corporation requested a modification of permit NC0004375 fa Mount Holy East fachty in Mecklenbug County; thin facility discharges 11eaitd industrial wastewater to Catawba River, Catawba River Basin. Notice Language - Website Clariant Corporation, P.O. Box 669246, Charlotte. NC 28266, Mecklenburg County. has appled for a modification of As NPDES discharge permit (number NC0004375) discharging to the Catawba River n the Catawba Riser Basin. This modilication provides la a nutrient allocation transfer. Clariard currently operates one outlafl 001 (heated wastewater(. Currently BOD, TSS, Of and Grease, ammonia, mercury, antimony. arsenic. and CViT parameters are water quality lhrded This discharge may alfecl future allocations in This portion of the Catawba Rivet Basin. Rrsor•i N 1 973 of 1563 t f {; Unfiitered .Search i Start I i " . lnbox - Microsoft Outlook I .� PrWic Notice System III Notice System CPT,' 11:47AM 4-7/20,0 - 44h k "a( //i4/ij - t2(/,4fod emit Belnick, Tom From: Belnick, Tom Sent: Tuesday, April 26, 2011 12:35 PM To: 'Myers.Pamala@epamail.epa.gov'; Parker, Michael; Setzer, Britt; 'erin.hall@mecklenburgcountync.gov'; Stecker, Kathy Subject: NC0004375 Clariant Permit Mod Attachments: 4375-draft Mod letter 2011.docx; 4375-fact sheet-2011 Mod.docx; 4375-Permit Mod-2011.docx; DEH Review 27ApriI2011.docx Folks- attached please find a proposed NPDES permit modification for Clariant involving a nutrient allocation transfer, but no net change in nutrient loading to the lake. This mod will go to public notice on April 27. Major Discharger- EPA review Discharge to WS Class- DEH review Discharge in Mecklenburg County- Mecklenburg County review Discharge to MRO Region- Region review Discharge subject to TMDL- TMDL review Tom Belnick Supervisor, Complex NPDES Permitting Unit NC DENR/Division of Water Quality 1617 Mail Service Center, Raleigh, NC 27699-1617 (919) 807-6390; fax (919) 807-6495 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 C%v,ad y/ ePoit . Belnick, Tom From: Bill Archer [Bill.Archer@clariant.com] Sent: Thursday, April 21, 2011 12:36 PM To: Belnick, Tom Subject: RE: Draft Nutrient Transfer Language Tom, I circulated this pre -draft to other Clariant/ReVenture folks and the feedback I've received is that this looks very good. Thanks for your efforts on this matter. Kind regards, Bill Archer From: Belnick, Tom[mailto:tom.belnick(ancdenr.govl Sent: Wednesday, April 20, 2011 10:09 AM To: Bill Archer Cc: Templeton, Mike Subject: Draft Nutrient Transfer Language Bill- attached are pre -draft versions of the Clariant permit mod. Let me know if this adequately captures the conditions of the proposed nutrient transfer. I plan to proceed to public notice on next Wednesday April 27 for a 30-day public comment period. Tom Belnick Supervisor, Complex NPDES Permitting Unit NC DENR/Division of Water Quality 1617 Mail Service Center, Raleigh, NC 27699-1617 (919) 807-6390; fax (919) 807-6495 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Cllariant Clariant Corporation Mt. Holly Plant March 31, 2011 P.O. Box 669246 Charlotte, NC 28266 Mr. Tom Belnick NPDES Program Western Supervisor NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Minor Permit Modification Request NPDES Permit No. NC0004375 Clariant Corporation — Mt. Holly East Plant Dear 1VIr. Belnick: With this letter Clariant Corporation requests a minor modification to its Mount Holly East Plant NPDES Permit (NC0004375). The requested modification is to add language in the permit that will transfer 90% of the nutrient allocation in Clariant's permit to the City of Charlotte upon completion of the City's new Regional Wastewater Treatment Plant adjacent to the Clariant Plant. The City's new Regional Plant will discharge to the Catawba River just downstream from the Clariant discharge. Charlotte Mecklenburg Utilities (CMU) has been in discussions with Clariant and ReVenture Park, a prospective future owner of the Clariant Plant, about transferring nutrient allocations to the City to allow it to obtain the NPDES Permit needed for the new Regional Plant. Clariant/ReVenture have agreed to transfer 90% of Clariant's Nitrogen and Phosphorus allocation to the City once construction of the new Regional Plant is completed. By the time of this transfer, the Clariant Plant will have phased out of industrial wastewater treatment to accommodate this nutrient reduction. We understand from our conversations with your office that the Division of Water Quality agrees with this transfer so that the City's Regional Plant may proceed with the permitting process. We are therefore seeking an NPDES permit modification that would transfer 90% of Clariant's nutrient allocation automatically, without the need for additional permit modification in the future. This approach would simplify the administration of the transfer, provide assurance to DWQ on nutrients as it reviews the Regional Plant's permit limits and design, and assure the City that the transfer is in place as it invests in construction of the new facility. To these ends, we are suggesting that DENR modify Note 5 under Section A.(1) on page 3 of the Clariant permit to read as follows: 5. The Total Nitrogen limitation is 318.5 pounds/day and Total Phosphorus limitation is 40 pounds/day based on a 12-month rolling average. Refer to Section A. (4). These limitations will remain in effect until the later to occur of both (i) the Department's issuance of a final authorization to the City of Charlotte to discharge from the City's proposed Regional Wastewater Treatment Facility adjacent to the Permittee's facility, and (ii) the Department's receipt of written notification from the Permittee authorizing a nutrient allocation transfer, at which time: (x) an allocation of 287 pounds/day of Total Nitrogen and 36 pounds/day of Total Phosphorus (based on a 12-month rolling average) will be transferred to the City of Charlotte's nutrient discharge allocation for the Regional Wastewater Treatment Plant, and (y) the Permittee's nutrient limitations for outfall 001 will be reduced to 31.5 pounds/day Total Nitrogen and 4 pounds per day Total Phosphorus, based on a 12-month rolling average. Thank you for your consideration of this permit modification request. Please contact me if you have any questions or need additional information. Sincerely, William M Archer Facility Manager Clariant Corporation Mount Holly East Plant cc. Mr. Barry Shearin — CMU (via email) . Belnick, Tom From: Sent: To: Subject: Attachments: Hello Tom, Bill.Archer@clariant.com Friday, April 01, 2011 8:45 AM Belnick, Tom Fw: Future transfer of nutrient allocations Permit Mod request.pdf Yesterday I mailed to you our permit modification request to add language to our NPDES permit (NC0004375) to transfer 90% of our nutrient allocations to Charlotte -Mecklenburg Utilities when certain conditions are met. I had intended to send this considerably sooner but was delayed while ReVenture Park and CMU continued to negotiate an agreement. Rather than continue to delay this request, I am submitting it now with an added condition that the Permittee must send written notice to DWQ authorizing the transfer in addition to the requirement that CMU's Regional Plant be completed. The timing of this notice to DWQ will be governed by the agreement between CMU and ReVenture/Clariant whenever it is finalized. I am attaching a copy of the permit modification request letter that is in the mail. Thank you for your help with this. Please contact me if you have any questions of need additional information. Kind regards, Bill Archer 704-822-2702 (See attached file: Permit Mod request.pdf} Forwarded by Bill Archer/CLARIANT on 04/01 2011 08:27 AM Bill Archer/CLARIANT 12/10/2010 02:21 PM Classification: Internal Hello Tom, To"Belnick, Tom" <tom.belnick@ncdenr.gov> ccChris Barnard/CLARIANT@CLARIANTEXCHANGE, Mike Teague/CLARIANT@CLARIANTEXCHANGE, "Tom McKittrick" <tom@forsiteinc.com> SubjectFuture transfer of nutrient allocations As we discussed yesterday, ReVenture Park developer Forsite Development has been in discussions with Charlotte Mecklenburg Utilities (CMU) about selling 90% of the nutrient allocations currently contained in Clariant's NPDES permit (NC0004375). These allocations are to be applied towards CMU's NPDES nutrient limits for their proposed Regional Wastewater Treatment Plant to be built just downstream from Clariant. Forsite/ReVenture and CMU have agreed in general to the terms for this transfer; however, the agreement still needs to be approved by the City Council in the next month or so. Here is some background: Forsite is planning to purchase Clariant's Mt. Holly East site and convert it into ReVenture Park, an "Eco- Industrial Park" focusing on renewable energy. Two key aspects of the development will be an electricity generating plant powered by refuse derived fuel and a Regional Wastewater Treatment Plant which is planned on property that ReVenture will sell to CMU. ReVenture will purchase about half the property from Clariant in the next few weeks but will probably not take title to the active plant property until the energy plant is completed. The current plan is for Clariant to continue to operate the WWTP and hold the NPDES permit until that time. In the interim, ReVenture will lease those portions of the active site needed for their energy projects. Clariant plans to continue its current waste treatment activities in the near term, but phase out of all industrial wastewater treatment as CMU's plant is completed. After connection to CMU, the ReVenture plant will likely continue to treat contaminated groundwater and some of the site stormwater in a greatly reduced treatment train with a smaller NPDES discharge. For this future discharge, we may need to keep up to 10% of our current nutrient allocation. CMU's preferred mechanism to accomplish the nutrient allocation transfer is through new language in Clariant's NPDES permit. The following text (in blue) is taken from the latest version of the agreement terms between the City and ReVenture (with $ amounts 1 removed): 3. Because the goal of this project is regionalization of, and therefore elimination of other NPDES wastewater permits, the City and ReVenture agree to the following: a. The City and ReVenture agree to a purchase price of $ representing 90% of the nutrient allocation (36 lb./day of total phosphorus and 2871b/day of total nitrogen) from the Clariant WWTP permit, paid when the State of North Carolina approves a NPDES permit modification to the current Clariant permit. The permit modification shall automatically transfer 90% of the nutrient allocation in Clariant's permit to the City upon completion of the City's new WWTP. b. After the City's new WWTP is completed and becomes operational, the City agrees to purchase the remaining 10% Clariant WWTP nutrient allocation (4 lb./day of total phosphorus and 31.5 lb/day of total nitrogen) for $ or portion thereof at a prorated value that is not required for ReVenture to secure the permits listed in item 4 below. c. The City agrees to accept for treatment all sanitary and industrial wastes generated at the ReVenture site subject to applicable permitting, connection, and pretreatment requirements and user fees. 4. By the time the City's new WWTP is completed and operational, ReVenture will have secured NPDES permits from the State of North Carolina for the following: a. A NPDES permit for ReVenture to treat and discharge to the Catawba River the contaminated groundwater from its site; b. A NPDES permit for ReVenture to treat and discharge to the Catawba River the stormwater attributable to its site. Please let me know what will be needed from Clariant in the way of a permit modification request to add the requested nutrient transfer provision to our existing permit. Feel free to contact me if you need additional information or clarification. Thanks and kind regards, Bill Archer 2 Clariant Corporation Mt. Holly Plant P.O. Box 669246 Charlotte, NC 28266 Clariaflt - .Ofnq."tt i) efrpai'l March 31 011 /144#41,42 6//„../. ,- 204/7 2'/ j "Imo-- 0/0� Mr. Tom Belnick � � ,f_4 ie �, J 9 ft �p � � NPDES Program Western Supervisor NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Minor Permit Modification Request NPDES Permit No. NC0004375 Clariant Corporation - Mt. Holly East Plant Dear Mr. Belnick: rkwir)— With this letter Clariant Corporation requests a minor modification to its Mount Holly East Plant NPDES Perrnit (NC0004375). The requested modification is to add language in the permit that will transfer 90% of the nutrient allocation in Clariant's permit to the City of Charlotte upon completion of the City's new Regional Wastewater Treatment Plant adjacent to the Clariant Plant. The City's new Regional Plant will discharge to the Catawba River just downstream from the Clariant discharge. Charlotte Mecklenburg Utilities (CMU) has been in discussions with Clariant and ReVenture Park, a prospective future owner of the Clariant Plant, about transferring nutrient allocations to the City to allow it to obtain the NPDES Permit needed for the new Regional Plant. Clariant/ReVenture have agreed to transfer 90% of Clariant's Nitrogen and Phosphorus allocation to the City once construction of the new Regional Plant is completed. By the time of this transfer, the Clariant Plant will have phased out of industrial wastewater treatment to accommodate this nutrient reduction. We understand from our conversations with your office that the Division of Water Quality agrees with this transfer so that the City's Regional Plant may proceed with the permitting process. We are therefore seeking an NPDES permit modification that would transfer 90% of Clariant's nutrient allocation automatically, without the need for additional permit modification in the future. This approach would simplify the administration of the transfer, provide assurance to DWQ on nutrients as it reviews the Regional Plant's permit limits and design, and assure the City that the transfer is in place as it invests in construction of the new facility. To these ends, we are suggesting that DENR modify Note 5 under Section A.(1) on page 3 of the Clariant permit to read as follows: 5. The Total Nitrogen limitation is 318.5 pounds/day and Total Phosphorus limitation is 40 pounds/day based on a 12-month rolling average. Refer to Section A. (4). These limitations will remain in effect until the later to occur of both (i) the Department's issuance of a final authorization to the City of Charlotte to discharge from the City's proposed Regional Wastewater Treatment Facility adjacent to the Permittee's facility, and (ii) the Department's receipt of written notification from the Permittee authorizing a nutrient allocation transfer, at which time: (x) an allocation of 287 pounds/day of Total Nitrogen and 36 pounds/day of Total Phosphorus (based on a 12-month rolling average) will be transferred to the City of Charlotte's nutrient discharge allocation for the Regional Wastewater Treatment Plant, and (y) the Permittee's nutrient limitations for outfall 001 will be reduced to 31.5 pounds/day Total Nitrogen and 4 pounds per day Total Phosphorus, based on a 12-month rolling average. Thank you for your consideration of this permit modification request. Please contact me if you have any questions or need additional information. Sincerely, •,. William M Archer Facility Manager Clariant Corporation Mount Holly East Plant cc. Mr. Barry Shearin — CMU (via email) Clariant Corporation P.O. Box 669246 Mt. Holly Plant Charlotte, NC 28266 March 31, 2011 .ft Mr. Tom Belnick NPDES Program Western Supervisor NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Minor Permit Modification Request NPDES Permit No. NC0004375 Clariant Corporation — Mt. Holly East Plant Dear Mr. Belnick: Clariant 7o,5z 27QL kil-Q/CAT4 Cal lod C#0417 f - -1 With this letter Clariant Corporation requests a minor modification to its Mount Holly East Plant NPDES Permit (NC0004375). The requested modification is to add language in the permit that will transfer 90% of the nutrient allocation in Clariant's permit to the City of Charlotte upon completion of the City's new Regional Wastewater Treatment Plant adjacent to the Clariant Plant. The City's new Regional Plant will discharge to the Catawba River just downstream from the Clariant discharge. Charlotte Mecklenburg Utilities (CMU) has been in discussions with Clariant and ReVenture Park, a prospective future owner of the Clariant Plant, about transferring nutrient allocations to the City to allow it to obtain the NPDES Permit needed for the new Regional Plant. Clariant/ReVenture have agreed to transfer 90% of Clariant's Nitrogen and Phosphorus allocation to the City once construction of the new Regional Plant is completed. By the time of this transfer, the Clariant Plant will have phased out of industrial wastewater treatment to accommodate this nutrient reduction. We understand from our conversations with your office that the Division of Water Quality agrees with this transfer so that the City's Regional Plant may proceed with the permitting process. We are therefore seeking an NPDES permit modification that would transfer 90% of Clariant's nutrient allocation automatically, without the need for additional permit modification in the future. This approach would simplify the administration of the transfer, provide assurance to DWQ on nutrients as it reviews the Regional Plant's permit limits and design, and assure the City that the transfer is in place as it invests in construction of the new facility. 124 12©IEINE@ r- i APR 01 2011 R- NA. E.:. QUALITY POINT SOURCE BRANCH To these ends, we are suggesting that DENR modify Note 5 under Section A.(1) on page 3 of the Clariant permit to read as follows: 5. The Total Nitrogen limitation is 318.5 pounds/day and Total Phosphorus limitation is 40 pounds/day based on a 12-month rolling average. Refer to Section A. (4). These limitations will remain in effect until the later to occur of both (i) the Department's issuance of a final authorization to the City of Charlotte to discharge from the City's proposed Regional Wastewater Treatment Facility adjacent to the Permittee's facility, and (ii) the Department's receipt of written notification from the Permittee authorizing a nutrient allocation transfer, at which time: (x) an allocation of 287 pounds/day of Total Nitrogen and 36 pounds/day of Total Phosphorus (based on a 12-month rolling average) will be transferred to the City of Charlotte's nutrient discharge allocation for the Regional Wastewater Treatment Plant, and (y) the Permittee's nutrient limitations for outfall 001 will be reduced to 31.5 pounds/day Total Nitrogen and 4 pounds per day Total Phosphorus, based on a 12-month rolling average. Thank you for your consideration of this permit modification request. Please contact me if you have any questions or need additional information. Sincerely, William M Archer Facility Manager Clariant Corporation Mount Holly East Plant cc. Mr. Barry Shearin — CMU (via email)