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HomeMy WebLinkAboutNC0006564_Request for major modification package_20220621Medical Products Baxter June 21, 2022 Ms. Julia Byrd, Environmental Engineer North Carolina Department of Environmental Quality Division of Water Resources 512 N. Salisbury St. Raleigh, NC 27604 Subject: Baxter Healthcare Corp. Wastewater Treatment Plant Permit Major Modification Permit No. NC0006564 Dear Ms. Byrd, Baxter Healthcare is submitting this request for a major modification to NPDES Permit NC0006564 dated April 5, 2022. Our North Cove Facility (NCF) discharges into the North Fork Catawba River, a Class B Trout stream and our treatment facility is a Grade III Biological WPCS. This major modification request was prepared using information included in the permit fact sheet and our monitoring data and focused on a) Heated Discharge for Trout waters, b) turbidity monitoring for trout waters and c) provisions for superior performing facilities as detailed below. Please find enclosed a check for the permit major modification processing fee and completed relevant sections of EPA Application Forms 1 & 2C, as well as applicable attachments and supporting information. Temperature Modification Baxter Healthcare has fully complied with past permit requirements and has not received any notification — formal or informal — that the facility was in violation of its NPDES obligations related to temperature. While Baxter believes the NCF remains compliant with permit requirements, we understand stakeholder concerns regarding potential thermal impacts submitted during the public comment period for the permit renewal deserve further investigation. Baxter Healthcare Corporation 61 Pitts Station Road r PO Box 1390. Marion, North Carolina 28752 T 828.756 4151 Medical Products Baxter Baxter Healthcare is committed to operating our facilities in an environmentally responsible manner and would like to demonstrate this commitment by dedicating additional resources including engaging an experienced Professional Engineering firm to assess thermal effects in the North Fork of the Catawba River and within our facility. Baxter proposes to develop a comprehensive Corrective Action Plan (CAP) for Division of Water Resources (DWR) approval and work collaboratively with DWR to implement, if needed, operational changes or capital projects to ensure compliance with 15A NCAC 02B .0211 (18) and .0219 (1). To complete the CAP development and plan our technical evaluations, Baxter Healthcare proposes Inclusion of formal language in our modified NPDES permit that codifies our proposed approach with timelines and milestone requirements. Proposed permit language is shown in Attachment 1. Turbidity Baxter Healthcare made a significant investment in 2017, constructing our current NCF wastewater treatment facility. The treatment process includes a membrane bioreactor (MBR) step, producing effluent with extremely low total suspended solids (TSS) as detailed in the attached TM (Attachment 2). Baxter Healthcare is confident that the facility is not contributing additional turbidity via its efr.uent. Therefore. we are requesting a 12-month monitoring period with weekly sampling of turbidity. At that time, sufficient data should be available to demonstrate that this monitoring is no longer required. Baxter Healthcare is requesting that this approach be included in the modified permit so that 'n 12 months' time another modification is not necessary if turbidity data support it. Exceptional Performing Facility With advanced treatment technologies in place and based on Environmental Protection Agency's (EPA) 1996 Interim Guidance for Performance — Based Reductions of NPDES Permit Monitoring Frequencies (the 1996 Guidance), Baxter believes the NCF is a prime candidate for several modifications based on its history of outstanding effluent performance since completion of the upgrade in 2017. The attached TM (Attachment 2) details relevant ratio statistics and associated EPA recommendations based on the 1996 Guidance. A summary of requested modifications under this guidance is shown in Table 1 below. Table 1. Summary of Requested Major Permit Modifications for NPDES Permit NC0006564 Parameter Ammonia Permit Modification Remove numeric limit for Winter Daily Max (>35 mg/L) to agree with Permit Fact Sheet Reduce monitoring frequency to quarterly in accordance with the 1996 Guidance Baxter Healthcare Corporation 61 Pills Station Road / PO Box 1390 / Marion. North Carolina 28752 T 828.756.4 r51 Medical Products Baxter BOD Reduce monitoring frequency to weekly in accordance with the 1996 Guidance COD Reduce monitoring frequency to weekly in accordance with the 1996 Guidance TSS Reduce monitoring frequency to weekly in accordance with the 1996 Guidance Fecal coliform Reduce monitoring frequency to weekly in accordance with the 1996 Guidance Turbidity Perform 1x/week effluent sampling for 12 months, then consider removal The following attachments are included in this major modification request. • EPA Application Form 1 — General Information • EPA Application Form 2C — Existing Manufacturing, Commercial, Mining, and Silvicultural Operations • Topographic Map • Process Flow Diagram • Treatment Facility Process & Equipment • Sludge Management Plan • Proposed Changes for Temperature -Related Schedule of Compliance • WET Testing Laboratory Results • Operating NPDES Permit: NC0006564, Baxter Healthcare Corp, WWTP (dated 20160901) • Stayed NPDES Permit: NC0006564, Baxter Healthcare Corp. WWTP (dated 20220405) If you have any questions or need additional information, please contact me at (828) 756-6608. Respectfully Submitted, Stephen Gouge EHS Manager Baxter Healthcare Corporation Baxter Healthcare Corporation 61 Pitts Station Road / PO Box 13901 Marion. North Carolina 28752 T 828.756.4151 &EPA United States Environmental Protection Agency Office of Water Washington, D.C. EPA Form 3510-1 Revised March 2019 Water Permits Division Application Form 1 General Information NPDES Permitting Program Note: Alt applicants to the National Pollutant Discharge Elimination System (NPDES) permits program, with the exception of publicly owned treatment works and other treatment works treating domestic sewage, must complete Form 1. Additionally, all applicants must complete one or more of the following forms: 2B, 2C, 2D, 2E, or 2F. To determine the specific forms you must complete, consult the "General Instructions" for this form. Paperwork Reduction Act Notice The U.S. Environmental Protection Agency estimates the average burden to collect information and complete Form 1 to be 2.9 hours for new applicants and 0.9 hours for applicants renewing existing permits. This estimate includes time to review instructions, search existing data sources, gather and maintain the needed data, and complete and review the collection of information. New respondents must also prepare a topographic map. Send comments about the burden estimate or any other aspect of this collection of information to the Chief, Information Policy Branch (PM-223), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, marked "Attention: Desk Officer for EPA." DESCRIPTION OF NPDES PERMIT APPLICATION FORMS CONTENTS OF FORM 1 PACKAGE The application forms for individual National Pollutant Discharge Elimination System (NPDES) permits include the following: Form 1—General Information (included in this package). Form 2—Forms Based on Facility or Activity Type (not included in this package): 2A. New and Existing Publicly Owned Treatment Works 28. Concentrated Animal Feeding Operations and Concentrated Aquatic Animal Production Facilities 2C. Existing Manufacturing, Commercial, Mining, and Silviculture! Operations 2D. New Manufacturing, Commercial, Mining, and Silviculture! Operations That Have Not Yet Commenced Discharge of Process Wastewater 2E. Manufacturing, Commercial, Mining, and Silviculture! Facilities Which Discharge Only Nonprocess Wastewater 2F. Stormwater Discharges Associated with Industrial Activity 2S. New and Existing Treatment Works Treating Domestic Sewage Fonn 1--General Instructions Form 1—Line-by-Line Instructions Form 1—Activities That Do Not Require Permits Form 1—Glossary Form 1-Application FORM 1—GENERAL INSTRUCTIONS Who Must Apply for an NPDES Permit? With the exceptions described in "Form 1—Activities That Do Not Require Permits," the federal Clean Water Act (33 U.S.C. 1251 et seq.) prohibits any person from discharging pollutants into waters of the United States without first having been issued a permit under the NPDES program. Who Must Complete Form 1? All applicants, other than publicly owned treatment works (POTWs) and treatment works treating domestic sewage (TWTDS), muss submit Form 1. If you operate one of the following facilities, you must submit Form 1: concentrated animal feeding operations and aquatic animal production facilities; manufacturing, commercial, mining, and silvicultural operations; or other industrial facilities. At the state level, either the U.S. Environmental Protection Agency (EPA) or an approved state agency administers the NPDES permit program. If you are located in a jurisdiction in which an EPA regional office administers the NPDES permit program, you should use Form 1 and all other applicable forms described in these instructions. If you are located in a jurisdiction where a state administers the NPDES permit program, contact the state to determine the forms you should complete. States often develop their own application forms rather than use the federal forms. See htlp:llwww.epa.gov.'n6desln•des-state- program-information for a list of states that have approved NPDES permit programs and those that do not. Exhibit 1-1 (see end of this section) provides contact information for each of EPA's 10 regional offices. Since the exhibit's content is subject to change, consult EPA's website for the latest information: htto:Nwww.epa.Qov/aboutepa#regional. Upon your request, and based on information supplied by you, EPA or the authorized NPDES state will determine whether you are required to obtain a permit for a particular facility or activity. Be sure to contact EPA or your state if you have a question. Form 1 collects general information only. You must also complete a more detailed application based on your proposed discharge activity, as follows: • If your facility is a concentrated animal feeding operation or a concentrated aquatic animal production facility, you must also complete Form 2B. • If your facility is an existing manufacturing, commercial, mining, or silvicultural facility that currently discharges process wastewater, you must also complete Form 2C. • If your facility is a new manufacturing, commercial, mining, or silvicultural facility that has yet to commence discharge of process wastewater, you must also complete Form 2D. • If your facility is a new or existing facility (including manufacturing, commercial, mining, and silvicultural facilities) that discharges only nonprocess wastewater, you must also complete Form 2E. • If your facility is a new or existing facility whose discharge is composed entirely of stormwater associated with industrial activity —excluding discharges from construction activity under 122.26(b)(14)(x) or (b)(15)—you must also complete Form 2F. If the discharge is composed of stormwater and non-stormwater, you must complete Form 2F and you must also complete Forms 2C, 2D, and/or 2E, as appropriate. See Form 2F's instructions for further details. 1-1 FORM 1—GENERAL INSTRUCTIONS CONTINUED Where to File Your Completed Form • If you are in a jurisdiction with an approved state NPDES permit program, file according to the instructions on the state forms. • If you are in a jurisdiction where EPA is the NPDES permitting authority (Le., the state is not an NPDES- authorized state), mail the completed application forms to the EPA regional office that covers the state in which your facility is located (see Exhibit 1-1). When to File Your Completed Form Because of statutory and regulatory requirements, the deadlines for filing applications vary according to your facility or activity type and the type of permit you need. The various permit application deadlines are listed in Exhibit 1-2 at the end of this section. Fees EPA does not require applicants to pay a fee for applying for NPDES permits. However, states that administer the NPDES permit program may charge fees. Consult with state officials for further information. Public Availability of Submitted Information EPA will make information from NPDES permit application forms available to the public for inspection and copying upon request. You may not claim any information on Form 1 (or related attachments) as confidential. You may make a claim of confidentiality for any information that you submit to EPA that goes beyond the information required by Form 1. If you do not assert a claim of confidentiality at the time you submit your information to the NPDES permitting authority, EPA may make the information available to the public without further notice to you. EPA will handle claims of confidentiality in accordance with the Agency's business confidentiality regulations at Part 2 of Title 4 of the Code of Federal Regulations (CFR). Completion of Forms Print or type in the specified areas only. If you do not have enough space on the form to answer a question, you may continue on additional sheets, as necessary, using a format consistent with the form. The NPDES permitting authority could consider your application incomplete if you do not provide an answer (or indicate "NA" for "not applicable") for all questions on Form 1 and the applicable Form 2. Provide your EPA Identification Number from the Facility Registry Service, NPDES permit number, and facility name at the top of each page of Form 1 and any attachments. If your facility is new (i.e., not yet constructed), write or type New Facility" in the space provided for the EPA Identification Number and NPDES number. If you do not know your EPA Identification Number, contact your NPDES permitting authority. See Exhibit 1-1 for contact information. Do not leave any response areas blank unless the form directs you to skip them. If the form directs you to respond to an item that does not apply to your facility or activity, enter "NA" for "not applicable" to show that you considered the item and determined a response was not necessary for your facility. The NPDES permitting authority will consider your application complete when it and any supplementary material are received and completed according to the authority's satisfaction. The NPDES permitting authority will judge the completeness of any application independently of the status of any other permit application or permit for the same facility or activity. 1-2 FORM 1—GENERAL INSTRUCTIONS CONTINUED Exhibit 1-1. Addresses of EPA Regional Contacts and Covered States REGION 1 U.S. Environmental Protection Agency, Region 1 5 Post Office Square, Suite 100, Boston, MA 02109-3912 Phone: (617) 918.1111; toll free: (888) 372-7341 Fax: (617) 918-0101 Website: hlio:4tivww.epa.gcv'eh.w.ep,repo-eg.ion-1fie+-am:8nd REGION 6 U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733 Phone: (214) 665-2200; toll free: (800) 887-6063 Fax: (214) 665-7113 Website: http1.Miwe.epa.4owaxu'e;.a'apa-na,iar yn,rJ-mrlrpl Covered states: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont Covered states: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas REGION 2 U.S. Environmental Protection Agency, Region 2 290 Broadway, New York, NY 10007-1866 Phone: (212) 637-3000: toll free: (877) 251-4575 Fax: (212) 637-3526 Website: h:to:r+www.apa.gua axutep tpa-,regon-2 REGION 7 U.S. Environmental Protection Agency, Region 7 11201 Renner Boulevard, Lenexa, KS 66219 Phone: (913) 551-7003; toll free: (800) 223-0425 Website: htlplrwrww.coa,caw"abouteoa;era-reaian-7-midweal Covered states: Iowa, Kansas, Missouri, and Nebraska Covered states: New Jersey, New York, Virgin Islands, and Puerto Rico REGION 3 U.S. Environmental Protection Agency, Region 3 1650 Arch Street, Philadelphia, PA 19103-2029 Phone: (215) 814-5000; toll free: (800) 438-2474 Fax: (215) 814-5103 Website: haplAvww.eca.govrahuulepaepa-ra4lon mid-eaI5c REGION 8 U.S. Environmental Protection Agency, Region 8 1595 Wynkoop Street, Denver, CO 80202-1129 Phone: (303) 312-6312; toll free: (800) 227-8917 Fax: (303) 312-6339 Website: hdt;ratrrvw.epa.Qav/abouteparepa-repgn-Prmeurlair ar grain5 Covered states: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia Covered states: Colorado, Montana, North Dakota, South Dakota. Utah, and Wyoming REGION 4 U.S. Environmental Protection Agency, Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW, Atlanta, GA 30303-8960 Phone: (404) 562-9900; toll free: (800) 241-1754 Fax: (404)562-8174 Website: hrxdAwvw-epa. ovlaboutepi rabaut pe-re ,ic —4-Souk^east REGION 9 U.S. Environmental Protection Agency, Region 9 75 Hawthorne Street, San Francisco, CA 94105 Phone: (415) 947-8000; toll free: (866) EPA -WEST Fax: (415) 947-3553 Website: ,tiitpJirrwv,r.apa.pawaboalo-pa,'c.a-rauiar:- paois-southwest Covered states: Arizona, California, Hawaii, Nevada, Guam, American Samoa, and Trust territories Covered slates: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee REGION 5 U.S. Environmental Protection Agency, Region 5 77 West Jackson Boulevard. Chicago, IL 60604-3507 Phone: (312) 353-2000; toll free: (800) 621-8431 Fax: (312) 353-4135 Website: hlr,sAmw.epa.3cviel ...tin 'e.N-Tanon-5 REGION 10 U.S. Environmental Protection Agency, Region 10 1200 Sixth Avenue, Suite 900, Seattle, WA 98101 Phone: (206) 553-1200; toll free: (800) 424.4372 Fax: (206) 553-2955 Website: hno..1.4wrteoe.oan'abaute_ial pare on - Covered stales: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin Covered states: Alaska, Idaho, Oregon, and Washington Exhibit 1-2. Permit Application Filing Dates for NPDES Permit Applications When to File 180 days before your present NPDES permit expires ar, if you are a new discharger, 180 days before the date on which the discharge is to commence unless the NPDES permitting authority has granted permission fora later date 2B 180 days before your present NPDES permit expires or 180 days prior to startup If you are a new faci!ily 2C 180 days before your present NPDES pemr.t expires. 2D 180 days prior to startup. 2E 180 days before your present NPDES permit expires, or 180 days prior to startup if you are a new facility. 2F Construction: 90 days prior to date construction is to commence. Nonconsiruction:180 days before your present NPDES permit expires or 180 days prior to startup if you are a new facility. 2S 180 days before your present NPDES permit expires or 180 days prior to startup if you area new farility. 1-3 FORM 1—LINE-BY-LINE INSTRUCTIONS Section 1. Activities Requiring an NPDES Permit Item 1.1. Review the questions in Item 1.1 to determine if you are required to submit Form 1. Be sure to check the Form 1— Glossary for the legal definitions of any key terms. If you answer "Yes" to a question in Item 1.1, then you do not need to complete Form 1, but you must comply with the application requirements specified. Item 1.2. Respond to the questions in Items 1.2.1 to 1.2.5.1f you answer "Yes" to any question, you must complete Form 1 and the Fomi 2 application specified. See Exhibit 1-2 for filing deadlines. If you answer "No" to every question in Items 1.1 and 1.2, then you do not need an NPDES permit, and you do not need to complete and retum any of the NPDES application forms. Section 2. Name, Mailing Address, and Location Item 2.1. Enter the facility's official or legal name. Do not use a colloquial name. Item 2.2. Provide your EPA Identification Number from the Facility Registry Service if you have an existing facility. If you do not know your EPA Identification Number, contact your NPDES permitting authority. If your facility is new (i.e., not yet constructed), write or type "New Facility." Item 2.3. Give the name (first and last), title, work telephone number, and email address of the person who is thoroughly familiar with the operation of the facility and with the facts reported in this application. The NPDES permitting authority will contact the person listed if they have questions on the material submitted. item 2.4. Give the complete mailing address of the office to which the NPDES permitting authority should send correspondence. This often is not the address used to designate the location of the facility or activity. Item 2.5. Give the address or location of the facility identified under Item 2.1. If the facility lacks a street name or route number, give the most accurate, alternative geographic information (e.g., section number or quarter section number from county records or "at intersection of Routes 425 and 22"). Also provide the county name, county code (if known), city or town, state, and zip code. For concentrated aquatic animal production facilities, provide the address or location of the production area (i.e., the location where the animals are contained, grown, or held). Section 3. SIC and NAICS Codes Items 3.1 and 3.2. List, in descending order of significance, up to four 4-digit standard industrial classification (SIC) codes and North American Industrial Classification System (NAICS) codes that best describe your facility in terms of the principal products or services it produces or provides. If the SIC or NAICS codes do not adequately describe your facility's products or services, you have the option to provide additional descriptive information. You can find SIC code numbers and descriptions in the 1987 Standard Industrial Classification Manual, prepared by the Executive Office of the President, Office of Management and Budget. This document is available from the Government Printing Office, Washington, D.C. An online version of the manual is also available courtesy of the Occupational Safety and Health Administration at http:."fj .osha.govlplshmslsic manual.html. You can find NAICS code numbers and descriptions in the North American Industrial Classification System Manual prepared by the Executive Office of the President, Office of Management and Budget. This document is available from the National Technical Information Service (NTIS) in Alexandria, Virginia. It is also available online at http:llwww.census.govleoslwwwlnaicsl. Use the latest edition of the manuals. If you have any questions about the appropriate SIC or NAICS codes for your facility, contact your NPDES permitting authority. Section 4. Operator Information Item 4.1. Give the legal name of the person, firm, public organization, or other entity that operates the facility described in this application. This may or may not be the same as the facility's name. The operator of the facility is the legal entity that controls the facility's operation rather than the plant or site manager. Do not use a colloquial name. Item 4.2. Indicate whether the entity listed in response to Item 4.1 also owns the facility by marking the appropriate box. Item 4.3. Indicate the ownership status of the operator of the facility by marking the appropriate box. If the facility is a federal facility (i.e., owned by the U.S. government), check the box for "Public —federal." If the facility is owned by a state government, check the box for "Public —state." If the facility is owned by a county govemment, municipal (e.g., city or town) government, tribal govemment, school district, water district, or other local government entity, check the box for °Other public" and specify the type of government entity. If the facility is owned by a corporation or other private entity, check the box for "Private." If the facility has mixed ownership (e.g., public/private) or is not owned by an entity of the types previously listed, check the box for °Other" and specify the type of entity. Items 4.4 to 4.6. Enter the telephone number, address, and email address of the operator identified in Item 4.1. Section 5. Indian Land item 5.1. Indicate whether the facility is located on Indian Land. Section 6. Existing Environmental Permits Item 6.1. Check the appropriate boxes and provide the permit numbers for all relevant federal, state, and local environmental permits or construction approvals received or applied for under any of the programs listed below. If you have more than one currently effective permit under a particular permit program for your facility, list the additional permit numbers on the application form or on a separate sheet of paper. 1-4 FORM 1—LINE-BY-LINE INSTRUCTIONS CONTINUED • Hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). • Underground Injection Control (UIC) program under the Safe Drinking Water Act (SDWA). • NPDES program under the Clean Water Act (CWA). • Prevention of Significant Deterioration (PSD) program under the Clean Air Act (CAA). • Nonattainment program under the CM. • National Emission Standards for Hazardous Pollutants (NESHAPs) preconstruction approval under the CM. • Ocean dumping permits under the Marine Protection Research and Sanctuaries Act (MPRSA). • Dredge or fill permits under Section 404 of the CWA. • Other federal, state, or local environmental permits. Section 7. Map Unless the facility is a concentrated animal feeding operation, provide a topographic map(s) of the area extending at least one mile beyond the property boundaries of the facility that dearly shows the following: • The legal boundaries of the facility. • The location and serial number of each of your existing and proposed intake and discharge structures. • All hazardous waste management, storage, and disposal facilities. • Each well where you inject fluids underground. • All wells, springs, surface water bodies, and drinking water wells that are in the public record or otherwise known to you and that are located in the map area. If the facility has associated water intakes, discharge structures, hazardous waste disposal sites, or injection wells and these items are located more than one mile from the facility, include them on the map if possible. If you cannot, attach additional sheets describing the location of the structures, disposal site(s), or well(s) and identify the U.S. Geological Survey (USGS) or other map corresponding to the location(s). On each map, indude the map scale, a meridian arrow showing north, and latitude and longitude to the nearest second. Latitude and longitude coordinates may be obtained in a variety of ways, including use of hand held devices (e.g., a GPS enabled smartphone), intemet mapping tools (e.g., httos.11mvnasadata_Iarc.nasa.govllatitudelonoitude-finderl), geographic information systems (e.g., ArcView), or paper maps from trusted sources (e.g., USGS). On all maps of rivers, show the direction of the current. In tidal waters, show the directions of ebb and flow tides. You may develop your map by going to USGS's National Map website at hiisq,'natior:aImn.k�ov_I. (For a map from this site, use the traditional 7.5-minute quadrangle format. If none is available, use a USGS 15-minute series map.) You may also use a plat or other appropriate map. Briefly describe land uses in the map area (e.g., residential, commercial). An example of an acceptable location map is shown as Exhibit 1-3 at the end of these instructions. Note: Exhibit 1-3 is provided for illustration only; it does not show an actual facility. If the facility is a concentrated animal feeding operation, you are not required to provide the topographic map required by this section of Form 1. Instead, you are required to provide a topographic map as specified in Section 4 of Form 2B. Item 7.1. Note that you have completed your topographic map and attached it to the application. Section 6. Nature of Business Briefly describe the nature of your business (e.g., products produced or services provided). See Examples 1 and 2. Example 1 Facilities Subject to 40 CFR 426, Subparts F and G Industry A is an auto tempered and auto laminated glass manufacturing facility subject to effluent limitation guidelines (ELGs) for the 'Automotive Glass Tempering" and "Automotive Glass Laminating" subcategories of the 'Glass Manufacturing' point source category at 40 CFR 426, subparts F and G. At the facility, glass is cut and then passed through a series of processes that grind and polish the edges, bend the glass, and then temper the glass to produce side and back windows for automobiles. Tempering involves heating the glass near the melting point, then rapidly cooling it to increase its mechanical and thermal endurance. The facility also produces automobile windshields and undertakes processes that laminate a plastic sheet between two layers of glass and that prepare the glass for lamination (e.g., cutting, bending, and washing). Example 2 Facility Not Subject to ELGs Industry B undertakes batch -type resin manufacturing operations. It has aboveground storage tanks for raw materials and finished goods, resin loading operations, and warehouses for 55-gallon drums of finished product. Industry B manufactures alkyd, saturated and unsaturated polyester resins in batches using reactor vessels and mix tanks. Most of the feedstock liquids are pumped from storage tanks to the kettles and mixers via a closed piping system. Additional feedstocks are added manually as solids from bags and sacks via manways, which are located on top of the kettles. The resin is then chemically reacted in the kettles. After the reaction step finishes, the resin is transferred from the kettles to the mix tanks, where solvents are added to thin it. The primary byproduct of the reaction is water vapor containing condensed soluble organics. The byproduct flows to an isolation tank where the vapors are directed to an onsite thermal oxidizer. The finished resin is then pumped through one of three types of filtration systems into finished goods storage tanks, 55-gallon drums, 350-gallon intermediate bulk container totes, or directly into tanker trucks. A typical batch takes about 30 hours to complete. 1-5 FORM 1—LINE-BY-LINE INSTRUCTIONS CONTINUED Section 9. Cooling Water Intake Structures Item 9.1. Indicate whether the facility uses cooling water. If yes, continue to Item 9.2. If no, skip to Item 10.1. Item 9.2. Identify the source of the cooling water. For example, indicate whether the cooling water is from a surface water, groundwater well, public water system, or treated effluent that would otherwise be discharged to a water of the U.S. If the facility uses a cooling water intake structure as described in 40 CFR 125, Subparts I and J, the facility may have additional application requirements under 40 CFR 122.21(r). Note that the information required by 40 CFR 122.21(r) is not requested as part of Form 1. Contact your NPDES permitting authority to determine the specifics of what you should provide and when. Section 10. Variance Requests An applicant (other than a POTW) may request a variance from otherwise applicable effluent limitations under certain conditions described at 40 CFR 122.21(m). Item 10.1. If known at the time of application, check all of the authorized variances that you plan to request or renew. Note that you are not being asked to submit any other information at this time. Contact your NPDES permitting authority to determine the specifics of what you should provide and when. The ability to request a variance is not limited to the time of application, and an applicant may request a variance consistent with statutory and regulatory requirements. Section 11. Checklist and Certification Item 11.1. Review the checklist provided. In Column 1, mark the sections of Form 1 that you have completed and are submitting with your application. In Column 2, indicate for each section whether you are submitting attachments. Item 11.2. The Clean Water Act provides for severe penalties for submitting false information on this application form. CWA Section 309(c)(2) provides that, Any person who knowingly makes any false statement, representation, or certification in any application, ...shall upon conviction, be punished by a fine of no more than $10,000 or by imprisonment for not more than six months, or both." FEDERAL REGULATIONS AT 40 CFR 122.22 REQUIRE THIS APPLICATION TO BE SIGNED AS FOLLOWS: A. For a corporation, by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (1) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision - making functions for the corporation, or (2) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken 10 gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively. C. For a municipality, slate, federal, or other public facility, by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes: (1) The chief executive officer of the agency, or (2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA). 1.6 Ill tit ro IT MT a ME WOW' �177 tt Or SWAY rr.�gpr i 1 ye.�u■au�:� .� 3r Aa_ Exhibit 1-3. Example Topographic Map 11.++1♦«n MVP RFN1,1„1, u-- •- c-- LONborr Map Cianlral PrOnniq Oh Cantral ./Y Ohio an ti 1-7 FORM 1—ACTIVITIES THAT DO NOT REQUIRE PERMITS You are not required to obtain an NPDES permit if your discharge is in one of the following categories, as provided by the CWA and NPDES regulations at 40 CFR 122 to 125. (However, under CWA Sections 510 and 312, some discharges exempted from the federal NPDES requirements may still be regulated by a state permitting authority.) • Any discharge of sewage from vessels and any effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel, including vessels of the Armed Forces within the meaning of section 312 of the CWA and recreational vessels within the meaning of section 502(25) of the CWA. None of these exclusions apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to other discharges when the vessel is operating in a capacity other than as a means of transportation such as when used as an energy or mining facility, a storage facility or a seafood processing facility, or when secured to a storage facility or a seafood processing facility, or when secured to the bed of the ocean, contiguous zone or waters of the United States for the purpose of mineral or oil exploration or development. • Discharges of dredged or fill material into waters of the United States that are regulated under CWA Section 404. • The introduction of sewage, industrial wastes, or other pollutants into publicly owned treatment works by indirect dischargers. Plans or agreements to switch to this method of disposal in the future do not relieve dischargers of the obligation to have and comply with permits until all discharges of pollutants to waters of the United Stales are eliminated. (See also 40 CFR 122.47(b).) This exclusion does not apply to the introduction of pollutants to privately owned treatment works or to other discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other party not leading to treatment works. • Any discharge in compliance with the instructions of an On - Scene Coordinator pursuant to 40 CFR 300 (The National Oil and Hazardous Substances Pollution Contingency Plan) or 33 CFR 153.10(e) (Pollution by Oil and Hazardous Substances). • Any introduction of pollutants from non point -source agricultural and silvicultural activities, including stormwater runoff from orchards, cultivated crops, pastures, range lands, and forest lands, but not discharges from concentrated animal feeding operations as defined in 40 CFR 122.23, discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.23, discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.24, discharges to aquaculture projects as defined in 40 CFR 122.25, and discharges from silvicultural point sources as defined in 40 CFR 122.27. Note: Per 40 CFR 122.26(b)(14)(ii), facilities classified within SIC 24, Industry Group 241, that are rock crushing, gravel washing, log sorting, or log storage facilities operated in connection with silvicultural activities defined in 40 CFR 122.27(b)(2)-(3) and Industry Groups 242 through 249; 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, and 373 (not included are all other types of silviculture facilities) are considered stormwater discharges associated with industrial activity, and are required to obtain an NPDES permit. • Return flows from irrigated agriculture. • Discharges into a privately owned treatment works, except as the NPDES permitting authority may otherwise require under 40 CFR 122.44(m). • Discharges from a water transfer. "Water transfer" means an activity that conveys or connects waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use. This exclusion does not apply to pollutants introduced by the water transfer activity itself to the water being transferred. 1-8 FORM 1—GLOSSARY Note: This glossary includes terms used in the various NPDES application forms, including Form 1. The definitions are from the NPDES regulations at 40 CFR 122.2 unless otherwise specified. If you have any questions conceming the meaning of any of these terms, contact your NPDES permitting authority. ANIMAL FEEDING OPERATION (defined at § 122.23) means a lot or facility (other than an aquatic animal production facility) where the following conditions are met; • Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and • Crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing season over any portion of the lot or facility. APPLICATION means the EPA standard national forms for applying for a permit, including any additions, revisions, or modifications to the forms; or forms approved by EPA for use in approved states, including any approved modifications or revisions. APPROVED PROGRAM or APPROVED STATE means a State or interstate program which has been approved or authorized by EPA under part 123. AQUACULTURE PROJECT (defined at § 122.25) means a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals. DESIGNATED PROJECT AREA means the portions of the waters of the United States within which the permittee or permit applicant plans to confine the cult,vated species, using a method or plan or operation (including, but not limited to, physical confinement) which, on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pol'utants, and be harvested within a defined geographic area AVERAGE MONTHLY DISCHARGE LIMITATION means the highest allowable average of daily discharges over a calendar month, calculated as the sum of al' daily discharges measured during that month divided by the number of daily discharges measured during that month. AVERAGE WEEKLY DISCHARGE LIMITATION means the highest a'Iowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week. BEST MANAGEMENT PRACTICES (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BIOSOLIDS (see sewage sludge). BYPASS (defined at § 122.41(m)) means the intentional diversion of waste streams from any portion of a treatment facility. COMBINED SEWER OVERFLOW (CSO) means a discharge from a combined sewer system (CSS) at a point prior to the Publicly Owned Treatment Works (POTW) Treatment Plant (defined at § 403.3(r)). COMBINED SEWER SYSTEM (CSS) means a wastewater collection system owned by a State or municipality (as defined by section 502(4) of the CWA) which conveys sanitary wastewaters (domestic, commercial and industrial wastewaters) and storm water through a single -pipe system to a Publidy Owned Treatment Works (POTW) Treatment Plant (as defined at § 403.3(r)). CONCENTRATED ANIMAL FEEDING OPERATION (defined at § 122.23) means an animal feeding operation that is defined as a Large CAFO or as a Medium CAFO by the terms of (A) or (B) below, or that is designated as a CAFO in accordance with 40 CFR 122.23(c). Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes. A. LARGE CONCENTRATED ANIMAL FEEDING OPERATION (LARGE CAFO) means an AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories: 1. 700 mature dairy cows, whether milked or dry; 2. 1,000 veal calves; 3. 1,000 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs; 4. 2,500 swine each weighing 55 pounds or more; 5. 10,000 swine each weighing less than 55 pounds; 1-9 FORM 1—GLOSSARY CONTINUED 6. 500 horses; 7. 10,000 sheep or Iambs; 8. 55,000 turkeys; 9. 30,000 laying hens or broilers, if the AFO uses a I.quid manure handling system; 10. 125,000 chickens (other than laying hens), lithe AFO uses other than a liqu d manure handling system; 11. 82,000 laying hens, if the AFO uses other than a liqu!d manure handling system; 12. 30,000 ducks (if the AFO uses other than a :iquid manure handing system); or 13. 5,000 ducks (if the AFO uses a liquid manure handl.ng system). B. MEDIUM CONCENTRATED ANIMAL FEEDING OPERATION (MEDIUM CAFO) means any AFO with the type and number of animals that fall within any of the ranges listed below and which has been defined or designated as a CAFO. An AFO is defined as a Medium CAFO if: 1. The type and number of animals that it stables and confines falls within any of the following ranges: a. 200 to 699 mature dairy cows, whether milked or dry; b. 300 to 999 veal calves; c. 300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs; d. 750 to 2,499 swine each weighing 55 pounds or more; e. 3,000 to 9,999 swine each weighing less than 55 pounds; f. 150 to 499 horses; g. 3,000 to 9,999 sheep or Iambs; h. 16,500 to 54,999 turkeys; i. 9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling system; j. 37,500 to 124,999 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system; k. 25,000 to 81,999 lay ng hens, if the AFO uses other than a liquid manure handling system; I. 10,000 to 29,999 ducks (if the AFO uses other than a liquid manure handling system); ore m. 1,500 to 4,999 ducks (if the AFO uses a liquid manure handling system); and 2. Either one of the fo' lowing conditions are met a. Pollutants are discharged into waters of the United States through a man-made ditch, flushing system, or other similar man- made device; or b. Pollutants are discharged directly into waters of the United States which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with animals confined in the operation. CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITY (defined at § 122.24) means a hatchery, fish farm, or other facility which contains, grows, or holds aquatic animals in either of the following categories, or which the Director designates as such on a case -by -case basis: A. Cold water fsh spec es or other cold water aquatic animals including, but not limited to, the Salmonidae family of fish (e.g., trout and salmon) in ponds, raceways, or other similar structures which discharge at least 30 days per year but does not include: 1. Facilities which produce less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per year; and 2. Facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month of maximum feeding. B. Warm water fish species or other warm water aquatic animals including, but not limited to, the Ameiuridae, Cetrarchiciae, and Cyprinidae families of fish (e.g., respectively, catfish, sunfish, and minnows) in ponds, raceways, or other similar structures which discharge at least 30 days per year, but does not include; 1. Closed ponds which d scharge only during periods of excess runoff; or 2. Facilities which produce less than 45,454 harvest weight kilograms (approximately 100,000 pounds) of aquatic animals per year. 1-t0 FORM 1—GLOSSARY CONTINUED CWA means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483 and Public Law 97-117, 33 U.S.C. 1251 et seq. CWA AND REGULATIONS means the Clean Water Act (CWA) and applicable regulations promulgated thereunder. In the case of an approved State program, it includes State program requirements. DAILY DISCHARGE means the "discharge of a pollutant" measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the °daily discharge° is calculated as the tota' mass of the pollutant discharged over the day For pollutants with limitations expressed in other units of measurement, the "daily discharge' is calculated as the average measurement of the pollutant over the day. DIRECT DISCHARGE means the "discharge of a pollutant.' DIRECTOR means the Regional Administrator or the State Director, as the context requires, or an authorized representative. When there is no "approved Slate program," and there is an EPA administered program, "Drector" means the Regional Administrator. When there is an approved State program, 'Director" normally means the State Director. In some circumstances, however, EPA retains the authority to take cedar., actions even when there is an approved State program. (For example, when EPA has issued an NPDES permit prior to the approval of a State program, EPA may retain jur'sdict'on over that permit after program approval, see § 123.1.) In such cases, the term "Director" means the Regional Administrator and not the State Director. DISCHARGE (OF A POLLUTANT) means: • Any addition of any po'lutant or combination of pollutants to waters of the United States from any point source; or • Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other Than a vessel or other floating craft which is being used as a means of transportation. This definition includes discharges into waters of the United States from: surface runoff which is collected or channelled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, lead;ng into privately owned treatment works. This term does not include an addition of pollutants by any "indirect discharger°. DISCHARGE MONITORING REPORT means the EPA uniform national form, including any subsequent additions, revisions, or modifications for the reporting of self -monitoring results by perrnittees. DMRs must be used by "approved States" as well as by EPA. EPA will supply DMRs to any approved State upon request. The EPA national forms may be modified to substitute the state agency name, address, logo, and other similar information, as appropriate, in place of EPA's. DRAFT PERMIT means a document prepared under § 124.6 indicating the Director's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a ''permit." A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in § 124.5, are types of "draft permits." A denial of a request for modification, revocation and reissuance, or termination, as discussed in § 124.5, is not a "draft permit." A "proposed permit" is not a "draft permit" EFFLUENT LIMITATION means any restriction imposed by the Director on quantities, discharge rates, and concentrations of °pollutants" which are "discharged" from "point sources" into "waters of the United States," the waters of the "contiguous zone," or the ocean. EFFLUENT LIMITATIONS GUIDELINES means a regulation published by the Administrator under section 304(b) of the CWA to adopt or revise "effluent limitations." ENVIRONMENTAL PROTECTION AGENCY (EPA) means the United States Environmental Protection Agency. FACILITY or ACTIVITY means any NPDES "point source" or any other facility or activity (including land or appurtenances thereto) that .s subject to regulation under the NPDES program. GENERAL PERMIT means an NPDES "permit" issued under § 122.28 authorizing a category of discharges under the CWA within a geographical area. HAZARDOUS SUBSTANCE means any substance designated under 40 CFR part 116 pursuant to section 311 of the CWA. INDIAN COUNTRY (or INDAN LANDS) means: • Alf land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights -of -way running through the reservation; • All dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of a state; and • All Indian allotments, the Indian titles to which have not been extinguished, including rights -of -way running through the same. 1-11 FORM 1—GLOSSARY CONTINUED INDIAN TRIBE means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation. INDIRECT DISCHARGE means a nondomestic discharger introducing "pollutants" to a "pub;icly owned treatment works." LARGE MUNICIPAL SEPARATE STORM SEWER SYSTEM (defined at § 122.26(b)(4)) means all municipal separate storm sewers that are either: (i) Located in an incorporated place with a population of 250,000 or more as determined by the 1990 Decennia. Census by the Bureau of the Census (Appendix F of 40 CFR 122); or (ii) Located in the counties listed in appendix H of 40 CFR 122, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties: or (iii) Owned or operated by a municipality other than those described in paragraphs (:) or (ii) and that are designated by the Director as part of the large or medium municipal separate storm sewer system due to the interrelationship between the d scharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraphs (i) or (ii). In making this determination the Director may consider the following factors: (A) Physical interconnections between the municipal separate storm sewers; (B) The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in paragraph (i); (C) The quantity and nature of pollutants discharged to waters of the United States; (D) The nature of the receiving waters; and (E) Other relevant factors; or (iv) The Director may, upon petition, designate as a large munic pal separate storm sewer system, municipal separate storm sewers located within the boundaries of a region defined by a storm water management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in paragraphs (i), (ii), (ii,). LOG SORTING AND LOG STORAGE FACILITIES (defined at § 122.27) means facilities whose discharges result from the holding of unprocessed wood, for example, logs or roundwood with bark or after removal of bark held in self-contained bodies of water (mill ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking). (See 40 CFR 429, subpart I, including the effluent limitations guidelines.) MAJOR FACILITY means any NPDES "facility or activity" classified as such by the Regional Administrator, or, in the case of "approved State programs; the Regional Administrator in conjunction with the State Director. MAXIMUM DAILY DISCHARGE LIMITATION means the highest allowable "daily discharge." MEDIUM MUNICIPAL SEPARATE STORM SEWER SYSTEM (defined at § 122.26(b)(7)) means all municipal separate storm sewers that are ether: (i) Located in an incorporated place with a population of 100,000 or more but less than 250,000, as determined by the 1990 Decennial Census by the Bureau of the Census (appendix G of 40 CFR 122); or (ii) Located in the counties listed in appendix I of 40 CFR 122, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or (iii) Owned or operated by a municipality other than those described in paragraph (i) or (ii) and that are designated by the Director as part of the !arge or medium municipal separate storm sewer system due 10 the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraph (i) or (ii). In making this determination the Director may consider the following factors: (A) Physical interconnections between the municipal separate storm sewers; (B) The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in paragraph (i); (C) The quantity and nature of pollutants discharged to waters of the United States; (D) The nature of the receiving waters; or (E) Other relevant factors; or 1-12 FORM 1—GLOSSARY CONTINUED (iv) The Director may, upon petition, designate as a medium municipal separate storm sewer system, municipal separate storm sewers located within the boundaries of a region defined by a storm water management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in paragraphs (i), (ii), (iii) of this section. MUNICIPALITY means a city, town, borough, county, parish, district, association, or other public body created by or under State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA. MUNICIPAL SEPARATE STORM SEWER (defined at § 122.26(b)(8)) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): • Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States. • Designed or used for collecting or conveying stormwater. • Which is not a combined sewer, and • Which is not part of a POTW as defined at 40 CFR 122.2. MUNICIPAL SLUDGE (see sewage sludge) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the CWA. The term includes an "approved program." NEW DISCHARGER means any building, structure, facility, or installation: • From which there is or may be a "discharge of pollutants;" • That did not commence the "discharge of pollutants" at a particular "site" prior to August 13, 1979; • Which is not a "new source; and • Which has never received a finally effective NPDES permit for discharges at that "site." This definition includes an "indirect discharger" which commences discharging into "waters of the United States" after August 13,1979. It also means any existing mobile point source (other than an offshore or coastal oil and gas exploratory drilling rig or a coastal oil and gas developmental drilling rig) such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a "site" for which it does not have a permit; and any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commences the discharge of pollutants after August 13, 1979, at a "site" under EPA's permitting jurisdiction for which it is not covered by an individual or general permit and which is located in an area determined by the Regional Administrator in the issuance of a final permit to be an area of biological concern. In determining whether an area is an area of biological concern, the Regional Administrator shall consider the factors specified in 40 CFR 125.122(a)(1) through (10). An offshore or coastal mobile exploratory drilling rig or coastal mobile developmental drilling rig will be considered a "new discharger" only for the duration of its discharge in an area of biological concem. NEW SOURCE means any building, structure, facility, or installation from which there is or may be a "discharge of pollutants," the construction of which commenced: • After promulgation of standards of performance under section 306 of the CWA which are applicable to such source, or • After proposal of standards of performance in accordance with section 306 of the CWA which are applicable to such source, but only if the standards are promulgated in accordance with section 306 within 120 days of their proposal. OWNER OR OPERATOR means the owner or operator of any "facility or activity" subject to regulation under the NPDES program. PERMIT means an authorization, license, or equivalent control document issued by EPA or an "approved State' to implement the requirements of This part and parts 123 and 124. "Permit" includes an NPDES "general permit" (§ 122.28). Permit does not indude any permit which has not yet been the subject of final agency action, such as a "draft permit" or a "proposed permit." PESTICIDE DISCHARGES TO WATERS OF THE UNITED STATES FROM PESTICIDE APPLICATION means the application of biological pesticides, and the application of chemical pesticides that leave a residue, from point sources to waters of the United States. In the context of this definition of pesticide discharges to waters of the United States from pesticide application, this does not include 1-13 FORM 1—GLOSSARY CONTINUED agricultura: storm water discharges and retum Rows from irrigated agriculture, which are excluded by law (33 U.S.C. 1342(1); 33 U.S.C. 1362(14)). PESTICIDE RESIDUE for the purpose of determ ning whether a N PDES permit is needed for discharges to waters of the United States from pesticide application. means that portion of a pesticide application that is discharged from a point source to waters of the United States and no longer provides pesticidal benefits. It also includes any degradates of the pesticide. POINT SOURCE means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include retum flows from irrigated agriculture or agricultural stormwater runoff. (See § 122.3). POLLUTANT means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean: • Sewage from vessels; or • Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, ;f the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if the State determines that the injection or disposal will not result in the degradation of ground or surface water resources. Note: Radioactive materials covered by the Atomic Energy Act are those encompassed in its definition of source, byproduct, or special nuclear materials. Examples of materials not covered include radium and accelerator -produced isotopes. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1 (1976). PRIMARY INDUSTRY CATEGORY means any industry category listed in the NRDC settlement agreement (Natural Resources Defense Council et al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833 (D.D.C. 1979)); also listed in appendix A of part 122. PRIVATELY OWNED TREATMENT WORKS means any device or system which is (1) used to treat wastes from any facility whose operator is not the operator of the treatment works and (2) not a "POTW." PROCESS WASTEWATER means any water which, dunng manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. PROPOSED PERMIT means a state NPDES "permit" prepared after the close of the public comment period (and, when applicable, any public hearing and administrative appeals) which is sent to EPA for review before final issuance by the State. A "proposed permit° is not a "draft permit? PUBLICLY OWNED TREATMENT WORKS or POTW (defined at § 403.3) means a treatment works as defined by CWA Section 212, which is owned by a state or municipality (as defned by CWA Section 502(4)). This definition includes any devices or systems used in the storage, treatment, recycling, and reclamation) of municipal sewage or industrial wastes of a liqu.d nature. Th s definition also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term a so means the municipa'ity as defined in CWA Section 502(4), which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. REGIONAL ADMINISTRATOR means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Admnistrator. ROCK CRUSHING AND GRAVEL WASHING FACILITIES (defined at § 122.27) means facilities which process crushed and broken stone, gravel, and riprap (See 40 CFR 436, subpart B, including the effluent limitations guidel.nes). SCHEDULE OF COMPLIANCE means a schedule of remedial measures included in a "permit", including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance w'th the CWA and regulations. SECONDARY INDUSTRY CATEGORY means any industry category which is not a primary industry category. SEWAGE FROM VESSELS means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under section 312 of the CWA, except that with respect to commercial vessels on the Great Lakes this term includes graywater. For the purposes of this definition, "graywater" means galley, bath, and shower water. SEWAGE SLUDGE means any solid, semi -solid, or liquid residue removed during the treatment of municipal waste water or domestic sewage. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced waste water treatment, scum, septage, portable toilet pumpings, type III marine sanitation device pumpings (33 CFR 159), and sewage sludge products. Sewage sludge does not include grit or screenings, or ash generated during the incineration of sewage sludge. 1-14 FORM 1—GLOSSARY CONTINUED SILVICULTURAL POINT SOURCE (defined at § 122.27) means any discernible, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States. This term does not include non -point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed buming, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. However, some of these activities (such as stream crossing for roads) may involve point source discharges of dredged or fill material which may require a CWA Section 404 permit (see 33 CFR 209.120 and part 233). SITE means the land or water area where any °facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity. SLUDGE -ONLY FACILITY means any "treatment works treating domestic sewage whose methods of sewage sludge use or disposal are subject to regulations promulgated pursuant to section 405(d) of the CWA and is required to obtain a permit under § 122.1(b)(2). STANDARDS FOR SEWAGE SLUDGE USE OR DISPOSAL means the regulations promulgated pursuant to section 405(d) of the CWA which govem minimum requirements for sludge quality, management practices, and monitoring and reporting applicable to sewage sludge or the use or disposal of sewage sludge by any person. STATE means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northam Mariana Islands, the Trust Territory of the Pacific Islands, or an Indian Tribe as defined in these regulations which meets the requirements of § 123.31 of this chapter. STATE DIRECTOR means the chief administrative officer of any State or interstate agency operating an "approved program," or the delegated representative of the State Director. If responsibility is divided among two or more State or interstate agencies, "State Director" means the chief administrative officer of the State or interstate agency authorized to perform the particular procedure or function to which reference is made. STORMWATER (or STORM WATER) (defined at § 122.26(b)(13)) means stormwater runoff, snow melt runoff, and surface runoff and drainage. STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY (defined at § 122.26(b)(14)) means the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under this part 122. For the categories of industries identified in this section, the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and final products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the purposes of this paragraph, material handling activities include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product. The term excludes areas located on plant lands separate from the planes industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Industrial facilities (including industrial facilities that are federally, State, or municipally owned or operated that meet the description of the facilities listed in paragraphs 1 through 14 below) include those facilities designated under the provisions of 40 CFR 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in °industrial activity" for purposes of 40 CFR 122.26(b)(14); 1. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities with toxic pollutant effluent standards which are exempted under paragraph 11 below); 2. Facilities classified as Standard Industrial Classification 24, Industry Group 241 that are rock crushing, grave, washing, log sorting, or log storage facilities operated in connection with silvicultural activities defined in 40 CFR 122.27(b)(2)-(3) and Industry Groups 242 through 249; 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373; (not included are all other types of silvicultural facilities); 3. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR 434.11(1) because the performance bond issued to the facility by the appropriate SMCRA authority has been released, or except for areas of non -coal mining operations which have been released from applicable State or Federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come into contact with, any overburden, raw material, intermedate products, finished products, byproducts or waste products located on the site of such operat ons; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator, inactive mining sites do not include sites 1-15 FORM 1—GLOSSARY CONTINUED where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim); 4. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle C of RCRA; 5. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under subtitle D of RCRA; 6. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards, and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; 7. Steam electric power generating facilities, including coal handling sites: 8. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling. and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs 1-7 or 9-11 are associated with industrial activity; 9. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recyding, and reclamation of municipal or domestic sewage, including 'and dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facifty, or areas that are in compliance with section 405 of the CWA; 10. Construction activity including clearing, grading and excavation, except operations that result in the disturbance of less than five acres of total land area. Construction activity also includes the disturbance of less than five acres of total land area that is a part of a larger common plan of development or sale if the larger common p'an will ultimately disturb five acres or more; 11. Facilities under Standard Industrial Class fications 20, 21, 22, 23, 2434, 25, 265, 267. 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, and 4221-25. TOXIC POLLUTANT means any pollutant listed as toxic under section 307(a)(1) or, in the case of "sludge use or disposal practices," any pollutant identified in regu'ations implementing section 405(d) of the CWA. TREATMENT WORKS TREATING DOMESTIC SEWAGE (TWTDS) means a POTW or any other sewage sludge or waste water treatment devices or systems, regardless of ownership (including federal facilities), used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated for the disposal of sewage sludge. This definition does not include septic tanks or similar devices. For purposes of this definition, "domestic sewage" includes waste and waste water from humans or household operations that are discharged to or otherwise enter a treatment works. In States where there is no approved State sludge management program under section 405(f) of the CWA, the Regional Administrator may designate any person subject to the standards for sewage sludge use and disposal in 40 CFR 503 as a "treatment works treating domestic sewage," where he or she finds that there is a potential for adverse effects on publ.c health and the environment from poor sludge quality or poor sludge handling, use or disposal practices, or where he or she finds that such designation is necessary to ensure that such person is in compliance with 40 CFR 503. UPSET (defined at § 122.41(n)) means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. VARIANCE means any mechanism or provision under section 301 or 316 of the CWA or under 40 CFR 125, or in the applicable "effluent limitations guidelines" which allows modification to or waiver of the generally applicable effluent limitation requirements or time deadlines of the CWA. This includes provisions which allow the establishment of alternative limitations based on fundamentally different factors or on sections 301(c), 301(g), 301(h), 301(i), or316(a) of the CWA. WATERS OF THE UNITED STATES as defined at § 122.2. WHOLE EFFLUENT TOXICITY (WET) means the aggregate toxic effect of an effluent measured directly by a toxicity test. 1-16 EPA Identification Number NPDES Permit Number Fadlity Name Form Approved 03105/19 NC0059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004 Form U.S.Environmental Protection Agency 1 EPA Application for NPDES Permit to Discharge Wastewater NPDES GENERAL INFORMATION SECTION 1.ACTIVITIES REQUIRING AN NPDES PERMIT(40 CFR 122.21(f) and(f)(1)) 1.1 Applicants Not Required to Submit Form 1 Is the facility a new or existing publicly owned Is the facility a new or existing treatment works 1.1.1 treatment works? 1.1.2 treating domestic sewage? If yes,STOP.Do NOT complete 0 No If yes,STOP.Do NOT 0 No Form 1.Complete Form 2A. complete Form 1.Complete Form 2S. 1.2 Applicants Required to Submit Form 1 1.2.1 Is the facility a concentrated animal feeding 1.2.2 Is the facility an existing manufacturing, operation or a concentrated aquatic animal commercial,mining,or silvicultural facility that is production facility? currently discharging process wastewater? aYes 4 Complete Form 1 0 No 0 Yes 4 Complete Form El No z and Form 2B. 1 and Form 2C. c 1.2.3 Is the facility a new manufacturing,commercial, 1.2.4 Is the facility a new or existing manufacturing, mining,or silvicultural facility that has not yet commercial,mining,or silvicultural facility that commenced to discharge? discharges only nonprocess wastewater? g El Yes 4 Complete Form 1 �✓ No ❑ Yes 4 Complete Form El No and Form 2D. 1 and Form 2E. 1.2.5 Is the facility a new or existing facility whose discharge is composed entirely of stormwater associated with industrial activity or whose discharge is composed of both stormwater and non•stormwater Yes 4 Complete Form 1 0 No and Form 2F unless exempted by 40 CFR 122.26(b)(14)(x)or b 15. SECTION 2. NAME, MAILING ADDRESS,AND LOCATION(40 CFR 122.21(f)(2)) 2.1 Facility Name Baxter Healthcare Corporation o 2.2 EPA Identification Number NCD059140765 Ce 2.3 Facility Contact Name(first and last) Title Phone number Stephen Gouge Env.Health&Safety Superintendent {828)756-6608 Email address stephen.gouge@baxter.com s 2.4 Facility Mailing Address Street or P.O.box 65 Pitts Station Road City or town State ZIP code Marion NC 28752 EPA Form 3510-1(revised 3-19) Page 1 EPA Identification Number NPDES Permit Number Facility Name Form Approved 03105119 NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040.0004 u'e 2.5 Facility Location E Street,route number,or other specific identifier o US Highway 221 at North Cove en 0 g County name County code(if known) i t McDowell 0 RCity or town State ZIP code Z R Marion NC 28752 SECTION 3.SIC AND NAICS CODES(40 CFR 122.21(f)(3)) 3.1 SIC Code{s) Description(optional) 2834 Pharmaceutical Preparations g 1 t) co U s 3.2 NAICS Code(s) Description(optional) 1 to a SECTION 4.OPERATOR INFORMATION(40 CFR 122.21(f)(4)) 4.1 Name of Operator Baxter Healthcare Corporation o 4.2 Is the name you listed in Item 4.1 also the owner? um i ❑ Yes El No 4.3 Operator Status i 0 Public—federal ❑ Public—state ❑ Other public(specify) S.a CI Private El Other(specify) 4.4 Phone Number of Operator (828)756-6608 4.5 Operator Address . . ss Street or P.O.Box m 1 " 65 Pitts Station Road g City or town I State ZIP code o o Marion NC 28752 S. Email address of operator o stephen.jouge@baxter.com SECTION 5.INDIAN LAND(40 CFR 122.21(f)(5)) c 5.1 Is the facility located on Ind an Land? 3 ❑Yes ❑✓ No EPA Form 3510-1(revised 3-19) Page 2 EPA Identification Number NPDES Permit Number Fadlily Name Form Approved 03105119 NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004 SECTION 6. EXISTING ENVIRONMENTAL PERMITS(40 CFR 122.21(f)(6)) 6.1 Existing Environmental Permits(check all that apply and print or type the corresponding permit number for each) Il NPDES(discharges to surface ❑ RCRA(hazardous wastes) ❑ UIC(underground injection of water) fluids) Q A NC0006564,NCG060030,NI I El PSD(air emissions) ❑Nonattainment program(CAA) ❑ NESHAPs(CM) 05600T12 ❑ Ocean dumping(MPRSA) ❑ Dredge or fill(CWA Section 404) El Other(specify) WQ0031725,WQ0010689 SECTION 7. MAP(40 CFR 122.21(f)(7)) 7.1 Have you attached a topographc map containing all required information to this application?(See instructions for specific requirements.) ❑r Yes ❑ No ❑CAFO—Not Applicable(See requ'rements in Form 2B.) SECTION 8. NATURE OF BUSINESS(40 CFR 122.21(f)(8)) 8.1 Describe the nature of your business. Baxter Healthcare Corporation,North Cove Facility,manufactures sterile liquid solutions in flexible bags for intravenous therapy and other medical procedures. N m V.. z SECTION 9. COOLING WATER INTAKE STRUCTURES(40 CFR 122.21(f)(9)) 9.1 Does your facility use cooling water? ElYes ❑ No 4 SKIP to Item 10.1. 9.2 Identify the source of cooling water.(Note that facilities that use a cooling water intake structure as described at c 40 CFR 125,Subparts I and J may have additional application requirements at 40 CFR 122.21(r).Consult with your S NPDES permitting authority to determine what specific information needs to be submitted and when.) g Treated non-contact cooling water and boiler feed water. SECTION 10.VARIANCE REQUESTS(40 CFR 122.21(f)(10)) 10.1 Do you intend to request or renew one or more of the variances authorized at 40 CFR 122.21(m)?(Check all that apply.Consult with your NPDES permitting authority to determine what information needs to be submitted and when.) ❑ Fundamentally different factors(CWA ❑ Water quality related effluent limitations(CWA Section Section 301(n)) 302(b)(2)) ,6 ❑ Non-conventional pollutants(CWA ❑ Thermal discharges(CWA Section 316(a)) Section 301(c)and(g)) ❑✓ Not applicable EPA Form 3510-1(revised 3.19) Page 3 EPA Identification Number NPDES Permit Number Facdily Name Form Approved 03/05/19 NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004 SECTION 11.CHECKLIST AND CERTIFICATION STATEMENT(40 CFR 122.22(a)and(d)) 11.1 In Column 1 below,mark the sections of Form 1 that you have completed and are submitting with your application. For each section,specify in Column 2 any attachments that you are enclosing to alert the permitting authority.Note that not all applicants are required to provide attachments. Column 1 Column 2 O Section 1:Activities Requiring an NPDES Permit ❑ wl attachments ❑✓ Section 2:Name,Mailing Address,and Location ❑ wl attachments O Section 3:SIC Codes ❑ w/attachments O Section 4:Operator Information ❑ wl attachments ✓❑ Section 5:Indian Land ❑ wl attachments ElSection 6:Existing Environmental Permits ❑ wl attachments wl topographic ElSection 7:Map ✓❑ map 1-1 wl additional attachments c 0 Section 8:Nature of Business ❑ wl attachments 0 Section 9:Cooling Water Intake Structures ❑ wl attachments (.' ❑ Section 10:Variance Requests ❑ wl attachments 0 Section 11:Checklist and Certification Statement ❑ wl attachments t 11.2 Certification Statement 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 property 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.lam aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name(print or type first and last name) Official title Stephen Gouge EHS Manager Signature Date signed (201� EPA Form 3510-1(revised 3-19) Rage 4 United States Environmental Protection Agency Office of Water Washington, D.G. EPA Form 3510-2C Revised March 2019 Water Permits Division &EPA Application Form 2C Existing Manufacturing, Commercial, Mining, and Silvicultural Operations NPDES Permitting Program Note: Complete this form and Form 1 if your facility is an existing manufacturing, commercial, mining, or silvicultural facility that currently discharges process wastewater. Paperwork Reduction Act Notice The U.S. Environmental Protection Agency estimates the average burden to collect information and complete Form 2C to be 32.5 hours. This estimate includes time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and reviewing the collection of information. Send comments about the burden estimate or any other aspect of this collection of information to the Chief, Information Policy Branch (PM-223), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, marked "Attention: Desk Officer for EPA." FORM 2C—INSTRUCTIONS General Instructions Who Must Complete Form 2C? You must complete Form 2C if you answered "Yes' to Item 1.2.2 on Form 1—that is, if you are an existing manufacturing, commercial, mining, or silvicultural facility that currently discharges process wastewater. Where to File Your Completed Form Submit your completed application package (Forms 1 and 2C) to your National Pollutant Discharge Elimination System (NPDES) permitting authority. Consult Exhibit 1-1 of Form 1's "General Instructions' to identify your NPDES permitting authority. Public Availability of Submitted Information The U.S. Environmental Protection Agency (EPA) will make information from NPDES permit application forms available to the public for inspection and copying upon request. You may not claim any information on Form 2C (or related attachments) as confidential. You may make a claim of confidentiality for any information that you submit to EPA that goes beyond the information required by Form 2C. Note that NPDES authorities will deny claims for treating any effluent data as confidential. If you do not assert a daim of confidentiality al the time you submit your information to the NPDES permitting authority, EPA may make the information available to the public without further notice to you. EPA will handle claims of confidentiality in accordance with the Agency's business confidentiality regulations at Part 2 of Title 40 of the Code of Federal Regulations (CFR). Completion of Forms Print or type in the specified areas only. if you do not have enough space on the form to answer a question, you may continue on additional sheets, as necessary, using a format consistent with the form. Provide your EPA Identification Number from the Federal Registry Service, NPDES permit number, and facility name at the top of each page of Form 2C and any attachments. If you do not know your EPA Identification Number, contact your NPDES permitting authority. See Exhibit 1-1 of Form 1's "General Instructions" for contact information. Additionally, for Tables A through E, provide the applicable outfall number at the top of each page. Do not leave any response areas blank unless the form directs you to skip them. If the form directs you to respond to an item that does not apply to your facility or activity, enter "NA" for "not applicable" to show that you considered the item and determined a response was not necessary for your facility. The NPDES permitting authority will consider your application complete when it and any supplementary material are received and completed according to the authority's satisfaction. The NPDES permitting authority will judge the completeness of any application independently of the status of any other permit application or permit for the same facility or activity. Definitions The legal definitions of all key terms used in these instructions and Form 2C are in the "Glossary" at the end of the "General Instructions" in Form 1. Line•by-Line Instructions Section 1. Outfall Location Item 1.1. Identify each of the facility's outfall structures by number. For each outfall, specify the latitude and longitude to the nearest 15 seconds and name of the receiving water. The application form provides reporting space for three outfalls. If your facility has more than this number, attach additional sheets as necessary. The location of each outfall (i.e., where the coordinates are collected) shall be the point where the discharge is released into a water of the United States. Latitude and longitude coordinates may be obtained in a variety of ways, including use of hand held devices (e.g., a GPS enabled smartphone), intemet mapping tools (e.g., httcs:#mynasa data.larc. n asa,00vwlatitudelong itud e-finder,'), geographic information systems (e.g., ArcView), or paper maps from trusted sources (e.g., U.S. Geological Survey or USGS).For further guidance, refer to http:I/www.eoa.novigeospatialflat tudela ng itud e-data-standard. Section 2. Line Drawing Item 2.1. Attach a line drawing showing water flow through your facility, from intake to discharge. Indicate the sources of intake water (e.g., city, well, stream, other); operations contributing wastewater 10 the effluent including process and production areas, sanitary flows, cooling water, and stormwater runoff; and treatment units labeled to correspond to the more detailed descriptions under Section 3. You may group similar operations into a single unit. Construct a water balance on the line drawing by showing average flows (specify units) between intakes, operations, treatment units, and outfalls. Show all significant losses of water to products, the atmosphere, and discharge. You should use actual measurements wherever available; otherwise use your best estimate. If you cannot determine a water balance for your activities (such as mining activities), provide a pictorial description of the nature and amount of any sources of water and any collection and treatment measures. An example of an acceptable line drawing is provided in Exhibit 2C-1 at the end of these instructions. Section 3. Average Flows and Treatment Item 3.1. For each outfall identified under Item 1.1, provide the following information: (1) all processes, operations, or production areas that contribute wastewater to the effluent for the outfall, including process wastewater, sanitary wastewater, cooling water, and stormwater runoff; (2) average flow of wastewater contributed by each operation in million gallons per day (mgd); (3) a description of the treatment unit (including size of each treatment unit, flow rate through each treatment unit, retention time, etc.); (4) the applicable treatment code(s) from Exhibit 2C-2 (see end of instructions); and (5) the ultimate disposal of any solid or fluid wastes that are not discharged to the receiving water. You may describe processes, operations, or production areas in general terms (e.g., "dye -making reactor or "distillation tower"). You may estimate the average flow of point sources composed of stormwater; however, you must 2C-1 FORM 2C—INSTRUCTIONS CONTINUED indicate the basis of the rainfall event and the method of estimation. Add additional sheets as necessary. Item 3.2. Answer whether you are applying for an NPDES permit to operate a privately owned treatment works. If yes, continue to Item 3.3. If no, skip to Section 4. Item 3.3. Attach a list to your application that includes the identity of each user of the treatment works, then answer "Yes" to Item 3.3. Section 4. Intermittent Flows Item 4.1. Answer "Yes" or "No" to indicate whether any of the discharges you described in Sections 1 and 3 of Form 2C are intermittent or seasonal, except for stormwater runoff, spillage, or leaks. An intermittent discharge is one that is not continuous. A continuous discharge is one that occurs without interruption during the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities. A discharge is seasonal if it occurs only during certain parts of the year. If yes, continue to Item 4.2. If no, skip to Section 5. Item 4.2. By relevant outfall number, identify each operation that has intermittent or seasonal discharges. Indicate the average frequency (days per week and months per year), the long-term average and maximum daily flow rates in mgd, and the duration of the intermittent or seasonal discharges. Base your answers on actual data if available. Otherwise, provide your best estimate. Report the average of all daily values measured during days when the discharge occurred for "Long -Terri Average," and report the highest daily value for "Maximum Daily." Section 5. Production Item 5.1. Indicate whether any effluent limitation guidelines (ELGs) promulgated under Section 304 of the Clean Water Act (CWA) apply to your facility. If yes, continue to Item 5.2. If no, skip to Section 6. All ELGs promulgated by EPA appear in the Federal Register and are published annually in 40 CFR Subchapter N. An ELG applies if you have any operations contributing process wastewater in any subcategory covered by a Best Practicable Control Technology Currently Available (BPT), Best Conventional Pollutant Control Technology (BCT), or Best Available Technology Economically Achievable (BAT) guideline. If you are unsure whether you are covered by a promulgated ELG, consult your NPDES permitting authority (see Exhibit 1-1 of the "General instructions" of Form 1). You must check "Yes" if an applicable ELG has been promulgated, even if the ELG is being contested in court. If you believe that a promulgated ELG has been remanded for reconsideration by a court and does not apply to your operations, you may answer "No" to Item 5.1 and skip to Section 6. Item 5.2. Complete Item 5.2 by indicating the applicable ELG category, ELG subcategory, and corresponding regulatory citation. See the example below. 3 5.2 ELG Category ELG Subcategory Regulatory Citation 1° Pulp, Paper, and Paperboard Pap Secondary Fiber Non-Deink Subcategory 40 CFR 430, Subpart J 2. Point Source Category Item 5.3. Indicate if the limitations in the applicable ELGs are expressed in terms of production or other measure of operation. For operational parameter, it is expressed in terms of production (e.g., "pounds of biological oxygen demand per cubic foot of logs from which bark is removed," or "pounds of total suspended solids per megawatt hour of electrical energy consumed by smelting furnace"). An example of an ELG not expressed in terms of a measure of operation is one that limits the concentration of pollutants. If yes, continue to Item 5.4. If no, skip to Section 6. Item 5.4. Indicate the operations, products, or materials produced at the facility for each outfall. For each operation, product, or material produced, denote the quantity produced per day using the measurement units specified in the applicable ELG. The NPDES permitting authority will use the production information to apply ELGs to your facility. You may not claim that the production information you submit is confidential. You do not need to indicate how you calculated the reported information. The production figures provided must be based on a reasonable measure of actual daily production, not on design capacity or on predictions of future operations. To obtain alternate limits under40 CFR 122.45(b)(2)(ii), you must define your maximum production capability and demonstrate to the NPDES permitting authority that your actual production is substantially below maximum production capability and that there is a reasonable potential for an increase above actual production during the duration of the permit. Section 6. Improvements Item 6.1. Indicate if you are required by any federal, state, or local authority to meet an implementation schedule for constructing, upgrading, or operating wastewater treatment equipment or practices or any other environmental programs that could affect the discharges described in your application. The requirements include, but are not limited to, permit conditions, administrative enforcement orders, enforcement compliance schedule letters, stipulations, court orders, and grant or loan conditions. If yes, continue to Item 6.2. If no, skip to Item 6.3. Item 6.2. Briefly identify and describe each applicable project (e.g., consent decree, enforcement order, or permit condition). For each condition, specify the affected outfall number(s), the source(s) of the discharge, the projected final compliance date, and the required final compliance date. Item 6.3. OPTIONAL ITEM. If desired, attach descriptions of any additional water pollution control programs (or other environmental projects that could affect your discharges) that are now underway or planned. Indicate in your attachments whether each program is actually underway or is planned, and indicate your actual or planned schedule for construction. Section 7. Effluent and Intake Characteristics Items 7.1 to 7.17. These items require you to collect and report data for the parameters and pollutants listed in Tables A through E, located at the end of Form 2C. The instructions for completing the tables are table -specific in addition to the criteria for determining who should complete them. In general, the following conditions apply: 2C-2 FORM 2C—INSTRUCTIONS CONTINUED Table Pollutants/Parameters Who Completes? A Conventional and non- conventional pollutants Ali applicants from all outfalls unless a waiver is obtained from the NPDES permittirj authority. B Toxic metals, cyanide, total phenols, and organic toxic pollutants Applicants in the primary industry categories listed in Exhibit 2C-3 al the end of these instructions. C Certain conventional and non -conventional pollutants Applicants subject to ELGs that limit pollutants directly or indirectly and applicants who believe pollutants may be present in their facility's discharge. D Certain hazardous substances and asbestos Applicants who believe pollutants may be present in their facility's discharge. E 2,3,7,B-tetrachiorodibenzo- p-dioxrn (2,3.7.8-TCDD) Applicants that use or manufacture the pollutant or believe the pollutant may be present in the facility's discharge. Important note: Read the "General Instructions for Reporting, Sampling, and Analysis" on pages 2C-5 and 2C-6 before completing Section 7 and Tables A through E. Item 7.1 and Table A. All applicants must report at least one analysis for each conventional and non -conventional pollutant listed in Table A for each outfall (one table per outfall). This includes outfalls discharging only noncontact cooling water or stormwater runoff. However, at your request, the NPDES permitting authority may waive the requirement to test for one or more of the listed pollutants for specific outfalls, upon a determination that available information is adequate to support issuance of your NPDES permit with less stringent reporting requirements. You may also request a waiver from your NPDES permitting authority for one or more of the Table A pollutants for your industry category or subcategory. Indicate whether you are requesting a waiver in response to Item 7.1. If yes, continue to Item 7.2. If no, skip to Item 7.3. Item 7.2. Specify the outfalls for which you are requesting a waiver. Next, indicate on Table A for the applicable outfalls the pollutants for which the waiver is being requested. Attach your waiver request and supporting information to your completed Form 2C. Item 7.3. Test your effluent from each outfall for each pollutant listed in Table A for which you have not requested a waiver. You may also conduct optional tests of your intake water for the Table A pollutants. See the "General Instructions for Reporting, Sampling, and Analysis" on pages 2C-5 and 2C-6 for further information. Item 7.4 and Table B. This item asks whether any of the facility's processes that contribute wastewater fat into one or more of the primary industry categories listed in Exhibit 2C-3. If you are applying for a permit for a privately owned treatment works, determine your testing requirements based on the industrial categories of your contributors. This exercise is simply to determine your testing requirements only. You are not giving up your right to challenge your inclusion in the category determined for testing (e.g., for deciding whether an ERG is applicable) before your permit is issued. If yes, continue to Item 7.5. If no, skip to Item 7.8. Complete a separate Table B for each outfall. Section 1 of Table B lists toxic metals, cyanide, and total phenols. Sections 2 through 5 of Table B list the pollutants in each of the gas chromatography/mass spectrometry (GCIMS) fractions. Note that inclusion of total phenols in Section 1 of Table B does not mean that EPA is classifying the group as toxic pollutants. Item 7.5. Because you indicated in Item 7.4 that the facility's processes contribute wastewater that falls into one or more of the primary industry categories, check "Testing Required" for all toxic metals, cyanide, and total phenols in Section 1 of Table B. Answer "Yes" to Item 7.5 once you have completed this task. Item 7.6. Because you indicated in Item 7.4 that the facility's processes contribute wastewater that falls into one or more of the primary industry categories, list the primary industry categories applicable to your facility. Next, review Exhibit 2C-3 to determine whether testing is required and for which GCIMS fraction(s): volatile compounds, acid compounds, base/neutral compounds, and pesticides. Check the applicable boxes for each GCIMS fraction requiring testing. Item 7.7. For each of the required GCIMS fractions, check "Testing Required" for each of the pollutants in the required fraction in Sections 2 through 5 of Table B. Answer "Yes" to Item 7.7 once you have completed this task. Item 7.8 and Sections 1 through 5 of Table B. For all other cases (secondary industries, nonprocess wastewater outfalls, and nonrequired GCIMS fractions) and remaining pollutants, check "Believed Present" or "Believed Absent' in Sections 1 through 5 of Table B to indicate whether you have reason to believe that any of the pollutants listed are discharged from your outfalls. Answer "Yes" to Item 7.8 after you have completed this step. Item 7.9 and Section 1 of Table B. For each pollutant you know or have reason to believe is present in your discharge from each applicable outfall in concentrations of 10 parts per billion (ppb) or greater, you must report quantitative data. For every pollutant expected to be discharged in concentrations less than 10 ppb, you must submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. For pollutants in intake water, see the discussion under "General Instructions for Reporting, Sampling, and Analysis" below. Answer "Yes" to Item 7.9 once you have completed Section 1 of Table B. Item 7.10. This item asks if you qualify as a "small business." If so, you are exempt from submitting quantitative data for the organic toxic pollutants on Table B (Sections 2 through 5). You still must indicate, though, whether you believe any of the pollutants listed in Sections 1 through 5 are present in your discharge per the Instructions at Item 7.8 above. You can qualify as a small business in two ways: (1) If your facility is a coal mine and if your probable total annual production is less than 100,000 tons per year, you may submit past production data or estimated future production (such as a schedule of estimated total production under 30 CFR 795.14(c)) instead of conducting analyses for the organic toxic pollutants. (2) If your facility is not a coal mine and if your gross total annual sales for the most recent three years average less than $100,000 per year (in second quarter 1980 dollars), you may submit sales data for those years instead of conducting analyses for the organic toxic pollutants. The production or sales data must be for the facility that is the source of the discharge. The data should not be limited to production or sales for the process or processes that contribute to the discharge, unless those are the only processes at your facility. 2C-3 FORM 2C--INSTRUCTIONS CONTINUED For sales data, in situations involving intra-corporate transfer of goods and services, the transfer price per unit should approximate market prices for those goods and services as dosely as possible. Sales figures for years after 1980 should be indexed to the second quarter of 1980 by using the gross national product price deflator (second quarter of 1980 = 100). This index is available online from the U.S. Department of Commerce, Bureau of Economic Analysis at http:llbea.govinationallpdf/SNTables.Of. If you qualify as a small business according to the criteria above, answer "Yes" to Item 7.10. Check the box at the top of Table B to show that you are not required to submit quantitative data for the organic toxic pollutants (Sections 2 through 5 of Table B), then skip to Item 7.12. Otherwise, answer "No" and continue to Item 7.11. Item 7.11 and Sections 2 through 5 of Table B. Unless you qualify as a small business (see Item 7.10), you must provide quantitative data for all pollutants for which you marked "Testing Required" in Sections 2 through 5 of Table B. You must also provide quantitative data for all pollutants you marked as "Believed Present in Sections 2 through 5 of Table B if you discharge those pollutants in concentrations of 10 ppb or greater, except for acrolein, acrylonitrile, 2,4-dinitrophenol, and 2-methyl-4,6- dinitrophenol. If you discharge any of the four latter pollutants in concentrations of 100 ppb or greater, you must report quantitative data. If you discharge the pollutants in Sections 2 through 5 of Table B less than these thresholds (i.e., <100 ppb for acrolein, acrylonitrile, 2,4-dinitrophenol, and 2-methyl-4,6-dinitrophenol and <10 ppb for all others), you must submit quantitative data or briefly describe the reasons the pollutant is in your discharge. For pollutants in intake water, see the discussion under °General Instructions for Reporting, Sampling, and Analysis" on pages 2C-5 and 2C-6 for further information. Once you have completed these tasks, answer "Yes" to Item 7.11. Item 7.12 and Table C. For each outfall (including outfalls containing only noncontact cooling water or stormwater runoff), indicate whether you know or have reason to believe that any of the pollutants listed on Table C are present in your discharge. If so, mark the box in the "Believed Present" column for each applicable pollutant. If not, mark the box in the "Believed Absent" column for each applicable pollutant. Answer "Yes" to Item 7.12 once you have completed the required task for each outfall. Item 7.13 and Table C. You are required to report quantitative data for any Table C pollutants that are directly limited in an applicable ELG or are indirectly limited in an applicable ELG through an expressed limitation on an indicator (e.g., use of total suspended solids (TSS) as an indicator to control the discharge of iron and aluminum). For all other pollutants that you marked as 'Believed Present," you must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged. For pollutants in intake water, see the discussion under "General Instructions for Reporting, Sampling, and Analysis" on pages 2C-5 and 2C-6 for further information. Answer "Yes" to Item 7.13 when you have fully completed the tasks associated with Table C and Items 7.12 and 7.13 above. Item 7.14 and Table D. For each outfall, indicate if you believe that any pollutant listed in Table D is 'Believed Present" or "Believed Absent" in your facility's effluent. Check the boxes in the applicable columns on Table D next to each pollutant. For every pollutant believed present, you must briefly describe the reasons the pollutant is expected to be discharged and report any quantitative data you have for that pollutant. Note that you are not required to perform analytical tests for any of the Table D pollutants at this time. However, if you have prior test results, you must report them. Item 7.15. Answer °Yes" to this Item when you have completed Table D. Under 40 CFR 117.12(a)(2), certain discharges of hazardous substances (fisted In Exhibit 2C-4 at the end of these instructions) may be exempted from the requirements of Section 311 of the CWA, which establishes reporting requirements, dvM penalties, and liability for cleanup costs for spills doll and hazardous substances. A discharge of a particular substance can be exempted If the origin, source, and amount of the discharged substances are identified in the NPDES permit application or in the permit, if the permit contains a requirement for treatment of the discharge, and if the treatment is in place. Exemptions are allowed from the requirements of CWA Section 311. Applications for exemptions must set forth the following information: 1. The substance and the amount of each substance that may be discharged. 2. The origin and source of the discharge of the substance. 3. The treatment to be provided for the discharge by: a. An onsile treatment system separate from any treatment system treating your normal discharge; b. A treatment system designed to treat your normal discharge and that is additionally capable of treating the amount of the substance identified under paragraph 1 above; or c. Any combination of the above. See 40 CFR 117.12(a)(2) and (c) or contact your NPDES permitting authority for further Information on exduslons from CWA Section 311. Item 7.16. Indicate whether: • Your facility uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5-T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP); 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloro- propionate (Erbon); 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5,-trchlorophenol (TCP); or hexachlorophene (HCP). • You know or have reason to believe that 2.3.7,8- tetrachlorodibenzo-p-dioxin (TCDD) is or may be present in an effluent. If yes, continue to Item 7.17. If no, skip to Section 8. Item 7.17 and Table E. If you answered "Yes" to Item 7.16, you must report qualitative data, generated using a screening procedure not calibrated with analytical standards, for TCDD. Your screening analyses must be perforated using gas chromatography with an electron capture detector. A TCDD standard for quantitation is not required. Describe the results of your screening analysis (e.g., "no measurable baseline deflection at the retention time of TCDD" or "a measurable peak within the tolerances of the retention time of TCDD.") on Table E. The NPDES permitting authority may require you to perform a quantitative analysis if you report a positive result. Answer "Yes" to Item 7.17 when you have completed Table E. 2C-4 General Instructions for Reporting, Sampling, and Analysis Important note: Read these instructions before completing Tables A through E and Section 7 of Form 2C. General items Complete the applicable tables for each outfall at your facility. Be sure to note the EPA Identification Number, NPDES permit number, facility name, and applicable outfall number at the top of each page of the tables and any associated attachments. You may report some or all of the required data by attaching separate sheets of paper instead of completing Tables A through E for each of your outfalls so long as the sheets contain all of the required information and are similar in format to Tables A through E. For example, you may be able to print a report in a compatible format from the data system used in your GC/MS analysis completed under Table B. Table A requires you to report at least one analysis for each pollutant listed. Tables B through D require you to report analytical data in two ways. For some pollutants, you may be required to check the box in the "Testing Required' column and test and report the levels of the pollutants in your discharge whether or not you expect them to be present in your discharge. For all other pollutants, you must check the box in either the °Believed Present or "Believed Absent" columns based on your best estimate and test for those you believe to be present (with some exceptions). Base your determination that a pollutant is present in or absent from your discharge on your knowledge of your raw materials, maintenance chemicals, intermediate and final products and byproducts, and any previous analyses known to you of your effluent or similar effluent. For example, if you manufacture pesticides, you should expect those pesticides to be present in contaminated stormwater runoff. If you would expect a pollutant to be present solely because of its presence in your intake water, you must mark "Believed Present" but you are not required to analyze for that pollutant. Instead, mark an "X" in the long-term average value of the "Intake" column; optionally, you may instead provide intake data. Reporting of Effluent Data Report sampling results for all pollutants in Tables A through C as concentration and total mass, except for flow, temperature, pH, color, and fecal coliform organisms. If you are reporting quantitative data under Table D, report concentration only. Flow, temperature, pH, color, and fecal coliform organisms must be reported as mgd, degrees Celsius (°C), standard units, color units, and most probable number per 100 milliliters (MPN/100 mL), respectively. Use the following abbreviations in the columns requiring 'units" in Tables A through D. Concentration Mass ppm = parts per million mglL = milligrams per liter ppb = parts per billion pg/L = micrograms per liter MPN = most probable number per 100 milliliters Is = pounds ton = tons (English tons) mg = milligrams g = grams kg = kilograms T = tonnes (metric tons) All reporting of values for metals must be in terms of "total recoverable metal,' unless: • An applicable, promulgated ELG specifies the limitation for the metal in dissolved, valent, or total form; • All approved analytical methods for the metal inherently measure only its dissolved form (e.g., hexavalent chromium); or • The permitting authority has determined that in establishing case -by -case limitations it is necessary to express the limitations of the metal in dissolved, valent, or total form to carry out the provisions of the CWA. Note that you are not required to complete the "Maximum Monthly Discharge" and the "Long -Term Average Daily Discharge' columns of Tables A through C; however, these fields should be completed if data are available. If you measure only one daily value, complete the "Maximum Daily Discharge" columns of the tables and enter'1" in the "Number of Analyses" columns. The NPDES permitting authority may require additional analyses to further characterize your discharges. For composite samples, the daily value is the total mass or average concentration found in a composite sample taken over the operating hours of the facility during a 24-hour period. For grab samples, the daily value is the arithmetic or flow -weighted total mass or average concentration found in a series of at least four grab samples taken over the operating hours of the facility during a 24-hour period. If you measure more than one daily value for a pollutant and those values are representative of your wastestream, you must report them. You must describe your method of testing and data analysis. When an applicant has two or more outfalls with substantially identical effluents, the NPDES permitting authority may allow the applicant to test only one outfall and report those quantitative data as applying to the substantially identical outfall. If the permitting authority grants your request, attach a separate sheet to the application form identifying the outfall tested and describing why the other outfall(s) are substantially identical. Reporting of Intake Data You are not required to report data under the "Intake" columns of Tables A through C unless you wish to demonstrate your eligibility for a "net" effluent limitation for one or more pollutants in Tables A through C (i.e., an effluent limitation adjusted by subtracting the average level of the pollutant(s) present in your intake water). NPDES regulations allow net limitations only in certain circumstances. To demonstrate your eligibility, under the Intake" columns report the average of the results of analyses of your intake water and discuss the requirements for a net limitation with your NPDES permitting authority. If your water is treated before use, test the water after it has been treated. 2C-5 General Instructions for Reporting, Sampling, and Analysis Continued Sampling The collection of samples for the reported analyses should be supervised by a person experienced in performing sampling of industrial wastewater. You may contact your NPDES permitting authority for detailed guidance on sampling techniques and for answers to specific questions. See Exhibit 1-1 of Form 1 for contact information. Any specific requirements in the applicable analytical methods —for example, sample containers, sample preservation, holding times, and the collection of duplicate samples —must be followed. The time when you sample should be representative of your normal operation, to the extent feasible, with all processes that contribute wastewater in normal operation, and with your treatment system operating properly with no system upsets. Collect samples from the center of the flow channel, where turbulence is at a maximum, at a site specified in your present NPDES permit, or at any site adequate for the collection of a representative sample. Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform (including E coh), and enterococci (previously known as fecal streptococcus at 40 CFR 122.26(d)(2)(iii)(A)(3)), and volatile organic compounds. For all other pollutants, a 24-hour composite sample, using a minimum of four grab samples, must be used unless specified otherwise at 40 CFR 136. However, a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24 hours. For stormwater discharges, a minimum of one to four grab samples must be taken, depending on the duration of the discharge. One grab sample must be taken in the first hour (or less) of discharge, with one more grab sample (up to a minimum of four) taken in each succeeding hour of discharge for discharges lasting four hours or more. Except for stormwater discharges, the NPDES permitting authority may waive composite sampling requirements for any outfall for which you demonstrate that use of an automatic sampler is infeasible and that the minimum of four grab samples will be representative of your discharge. Results of analyses of individual grab samples for any parameter may be averaged to obtain the daily average. Grab samples that are not required to be analyzed immediately may be composited in the laboratory, if the container, preservation, and holding time requirements are met and if sample integrity is not compromised during compositing. See Table II at 40 CFR 136.3 for further information. A grab sample is an individual sample of at least 100 milliliters collected at a randomly chosen time over a period not exceeding 15 minutes. A composite sample is a combination of at least eight sample aliquots of at least 100 milliliters, collected at periodic intervals during the operating hours of a facility over a 24-hour period. The composite must be flow proportional; either the time interval between each aliquot or the volume of each aliquot must be proportional to either the stream flow at the time of sampling or the total stream flow since the collection of the previous aliquot. Aliquots may be collected manually or automatically. For "GC/MS Fraction —Volatile Compounds" in Table B, aliquots must be combined in the laboratory immediately before analysis. Four (rather than eight) aliquots or grab samples should be collected for this fraction. These four samples should be collected during actual hours of discharge over a 24-hour period and need not be flow proportioned. Only one analysis is required. Use of Historical Data Existing data may be used, if available, in lieu of sampling conducted solely for the purposes of this application, provided that all data requirements are met; sampling was performed, collected, and analyzed no more than 4.5 years prior to submission; all data are representative of the discharge; and all available representative data are considered in the values reported. Analysis Except as specified below, all required quantitative data shall be collected in accordance with sufficiently sensitive analytical methods approved under 40 CFR 136 or required under 40 CFR chapter I, subchapter N or 0. A method is "sufficiently sensitive' when: • The method minimum level (MI) is at or below the level of the applicable water quality criterion for the measured pollutant or pollutant parameter. • The method ML is above the water quality criterion, but the amount of the pollutant or pollutant parameter in the facility's discharge is high enough that the method detects and quantifies the level of the pollutant or pollutant parameter in the discharge. • The method has the lowest ML of the analytical methods approved under 40 CFR 136 or required under 40 CFR chapter I, subchapter N or 0 for the measured pollutant or pollutant parameter. Consistent with 40 CFR 136, you may provide matrix- or sample - specific MU rather than the published levels. Further, where you can demonstrate that, despite a good faith effort to use a method that would otherwise meet the definition of °sufficiently sensitive," the analytical results are not consistent with the quality assurance (QA)/quality control (QC) specifications for that method, then the NPDES permitting authority may determine that the method is not performing adequately and the NPDES permitting authority should select a different method from the remaining EPA -approved methods that is sufficiently sensitive consistent with 40 CFR 122.21(e)(3)(i). Where no other EPA -approved methods exist, you must select a method consistent with 40 CFR 122.21(e)(3)(ii). When there is no analytical method that has been approved under 40 CFR 136; required under 40 CFR chapter I, subchapter N or 0, and is not otherwise required by the NPDES permitting authority, you may use any suitable method but shall provide a description of the method. When selecting a suitable method, other factors such as a method's precision, accuracy, or resolution, may be considered when assessing the performance of the method. 2C-6 FORM 2C—INSTRUCTIONS CONTINUED Section 8. Used or Manufactured Toxics Item 8.1. Indicate if any pollutant listed in Table B is used or manufactured in your faciity as an intermediate or final product or byproduct. If yes, continue to Item 8.2. If no, skip to Section 9. Item 8.2. List the applicable toxic pollutants. Note that the NPDES permitting authority may waive or modify the requirement f you demonstrate that it would be unduly burdensome to identify each toxic pollutant and the permitting authority has adequate information to issue you a permit. You may not clam this information as confidential. Note that you do not need to distingush between use or production of the pollutants or list amounts Section 9. Biological Toxicity Tests Item 9.1. Indicate if you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made on any of your discharges or on a receiving water in relation to your dscharge within the last three years. If yes, continue to Item 9.2 If no, skip to Section 10. Item 9.2. Identify the tests known to have been performed and the purposes of each. For each test, check "Yes" or 'No" to indicate if you have submitted the test results to the NPDES permitting authority and the date the resu:ts were submitted The NPDES permitting authority may ask you to provide additional details after reviewing your application. Section 10. Contract Analyses Item 10.1. Indicate if any of the analyses reported in Section 7 were performed by a contract laboratory or consulting firm. If yes, continue to Item 10.2. If no, skip to Section 11. Item 10.2. Identify each laboratory or firm used in the table provided. For each, provide the name, address, and phone number of the laboratory or firm and the pollutants analyzed. Section 11. Additional Information Item 11.1. In addition to the information reported on the application form, the NPDES permitting authority may request additional information reasonably required to assess the discharges of the facility and to determine whether to issue an NPDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity. Indicate under Item 11.1 whether the NPDES permitting authority has requested additional information from you. If yes, continue to Item 11.2. If no, skip to Section 12. Item 11.2. List the items requested and attach the required information to the application. Section 12. Checklist and Certification Statement Item 12.1. Review the checklist provided. In Column 1, mark the sections of Form 2C that you have completed and are submitting with your application. in Column 2, indicate for each section whether you are submitting attachments. Item 12.2. The CWA provides for severe penalties for submitting false information on this application form. Section 309(c)(2) of the CWA provides that -Any person who knowingly makes any false statement, representation, or certification in any application, ...shall upon conviction, be punished by a fine of no more than $10,000 or by mprsonment for not more than six months or both." FEDERAL REGULATIONS AT 40 CFR 122.22 REQUIRE THIS APPLICATION TO BE SIGNED AS FOLLOWS: A. B. C. For a corporation, by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (1) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation, or (2) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govem the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively. For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes: (1) The chief executive officer of the agency, or (2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA). END Submit your completed Form 1, Form 2C, and all associated attachments (and any other required NPDES application forms) to your NPDES permitting authority. 2C-7 Exhibit 2C-1. Example Line Drawing Blue River ixko00GPD 45,000 GPO :45,000 GPD 4 Stormwater Max. 20,000 GPD Dyeing 40,000 GPD Neutralization Loss Tank 6.000 GPD 1.34,000 GPD Municipal Water Supply 30 000 GPD Blue River 10,000 GPO Cooling Water 40,000 10.000 GPD GPD Waste Outfall001 Treatment 70 000 GPD + Stoimwaler Plant #1 Waste Treatment Plant #2 Outfall 002 * 50,000 GPD 5,000 GPD To Atmosphere To Product 5,000 GPD Schematic of Water Flow Brown Mills, Inc City, County, State 2•8 1-A 1-B 1-C 1-D 1-E 1-F 1-G 1-H 1-I 1-J 1-K 1-L 2-A 2-B 2-C 2-D 2-E 2-F 3-A 3-B 3-C 3-D 4-A 4-B Exhibit 2C-2. Codes for Treatment Units and Disposal of Wastes Not Discharged Ammonia stripping Dialysis Diatomaceous earth filtration Distillation Electrodialysis Evaporation Flocculation Flotation Foam fractionation Freezing Gas -phase separation Grinding (comminutors) Carbon adsorption Chemical oxidation Chemical precipitation Coagulation Dechlorination Disinfection (chlorine) Activated sludge Aerated lagoons Anaerobic treatment Nitrification-denitrification Discharge to surface water Ocean discharge to outfall 5-A Aerobic digestion 5-B Anaerobic digestion 5-C Belt filtration 5-D Centrifugation 5-E Chemical conditioning 5-F Chlorine treatment 5-G ....... Composting 5-H ....m Drying beds 5-1 Elutr•ation 5-J Flotation thickening 5-K Freezing 5-L Gravity thickening 1. PHYSICAL TREATMENT PROCESSES 1-M Grit removal 1-N Microsiraining 1-0 Mixing 1-P Moving bed filters 1-0 Multimedia filtration 1-R Rapid sand filtration 1-S Reverse osmosis (hyperfrltration) 1-T Screening 1-U Sedimentation (settling) 1-V Slow sand filtration 1-W Solvent extraction 1-X Sorption 2. CHEMICAL TREATMENT PROCESSES 2-G Disinfection (ozone) 2-H Disinfection (other) 2-1 Electrochemical treatment 2-J Ion exchange 2-K Neutralization 2-L Reduction 3. BIOLOGICAL TREATMENT PROCESSES 3-E Pre -aeration 3-F Spray irrigation/land application 3-G Stabilization ponds 3-H Trickling filtration 4. WASTEWATER DISPOSAL PROCESSES 4-C Reuse/recycle of treated effluent 4-D Underground injection 5. SLUDGE TREATMENT AND DISPOSAL PROCESSES 5-M Heat drying 5-N .,, Heat treatment 5-0 Incineration 5-P Land application 5-0 Landfill 5-R Pressure filtration 5-S Pyrolysis 5-T S udge lagoons 5-U Vacuum filtration 5-V Vibration 5-W Wet oxidation 2C-9 Exhibit 2c Testing Requirements for Organic Toxic Pollutants industry Categories' GC/MS FRACTION* INDUSTRY CATEGORY Wage Ac'd ElaselNeutal Pesticide Adhesives and seal anb3 Aluminum forming X X x 0 Auto and other laundries X X X X Eiattery MenUfaCtUring X X. 0 Coal mifIllg El __ _.. 0 Coil onativ X X X 0 Capper farming X X X n Electric and e'ectronic compourik X X X X Electroplat ng X X X 0 Explosives manufacturing ri X X 0 Foundries .1 FFFF X X X D Gum and wood icherricals Oil subpals won't D and F) X X 0 D Gum and wood cherniaals. Subpart 0 (tall oli rosin)........— X X x 0 Gum and wonif chemicals, Subpar! F rosin-lrased X X Inorganic chemicals manufackeng X X X Ei Iran and steel manufachshg X X X 0 Leather tanning aixl finishing X X X 0 Mechanical products manufacturhg X X x 0 N onferro US mela's rnanufactuiring X X X X ore mining, Subpart Et (base arti prsciods metals) .. X El Grgani c chemicals rearitiacheing X X X X Paint and ink funnutalloo X X x 0 hackles X X X X Petroleum reining .. X ( I 0 Pharmaceutical pceparatons X X x D Photographic equIpenent and supplies X X X a Kist c and synthetic matenals manufacturing X X X X Rest; wocessing IAA X E7 0 Printing and publishing X X X X Pulp and paperodard mils X X X X /uhber processing X X X I i Soap and detergent manufacturing X X X i . Steam electric power plants X X Textile mil s (except Subpart G, Greig a flitinS) X X X E Timber products processing .......... ..... ..... ........... . .I.1 X X X X See note at con! u s ion of 40 CFR 122, AP pendix D (103) for explanation of effeel of suspens.ons on testing requirements for primary i r.d u stry calega ri es. t The pol.utants in each fraction are I sted in Table B. X Testing is required. = Testing is not required. 2c-ia 1. Acetaldehyde 2. Acetic acid 3. Acetic anhydride 4. Acetone cyanohydrin 5. Acetyl bromide 6. Acetyl chloride 7. Acrolen 8. Acrylonitrile 9. Adipic acid 10. Aldrin 11. Allyl alcohd 12. Allyl chloride 13. Aluminum sulfate 14. Ammonia 15. Ammonium acetate 16. Ammonium benzoate 17. Ammonium bicarbonate 18. Ammonium bichramate 19. Ammonium bfiuoride 20. Ammonium bisuifite 21. Ammonium carbamate 22. Ammonium carbonate 23. Ammonium chloride 24. Ammonium chromate 25. Ammonium citrate 26. Ammonium fluoroborate 27. Ammonium fluoride 28. Ammonium hydroxide 29. Ammonium oxalate 30. Ammonium silicofluoride 31. Ammonium sulfamate 32. Ammonium sulfide 33. Ammonium sulfite 34. Ammonium tartrate 35. Ammonium thiocyanate 36. Ammonium thiosulfate 37. Amyl acetate 38. Aniline 39. Antimony pentachbride 40. Antimony potassium tartrate 41. Antimony trtbramide 42. Antimony tdchloride 43. Antimony trifluoride 44. Antimony trioxide 45. Arsenic disulfide 46. Arsenic pentoxide 47. Arsenic trichloride 48. Arsenic trioxide 49. Arsenic tisulfde 50. Barium cyanide 51. Benzene 52. Benzoic acid 53. Benzonitnle 54. Benzoyl chloride 55. Benzyl chloride 56. Beryllium chloride 57. Beryllium fluoride 58. Beryllium nitrate 59. Butylacetate 60. n-butyfphthalate 61. Butylamine 62. Butyric acid 63. Cadmium acetate 64. Cadmium bromide 65. Cadmium chloride 66. Calcium arsenate 67. Calcium arsenite 68. Caldum carbide 69. Calcium chromate 70. Calcium cyanide 71. Calcium dodecylbenzenesulfanate 72. Caldum hypochlorite Exhibit 2C-4. Hazardous Substances 73. Captan 74. Carbaryl 75. Carbofuran 76. Carbon disulfide 77. Carbon tetrachloride 78. Chlordane 79. Chlorine 80. Chlorobe nzene 81. Chloroform 82. Chloropyrifos 83, Chlorosulfonic add 84. Chromic acetate 85. Chromic acid 86. Chromic sulfate 87. Chromous chloride 88. Coballous bromide 89. Cobaltous formate 90, Cobaltoussulfamate 91. Coumaphos 92. Cresol 93. Crolonaldehyde 94. Cupric acetate 95. Cupric acetoarsenite 96. Cupric chloride 97. Cupric nitrate 98. Cupric oxalate 99. Cupric sulfate 100. Cupric sulfate ammoniated 101. Cupric tartrate 102. Cyanogen chloride 103. Cydohexane 104. 2,4-D acid (2,4.dichlorophenoxyacetic acid) 105. 2,4-D esters (2,4-dichlorophenoxyacetic add esters) 106, DDT 107. Diazinon 108. Dicamba 109. Dichlobenir 110. Dichlone 111. Dichlorobenzene 112. Dichloropropane 113. Dichloropropene 114. Dichloropropene-dichloproropane mix 115. 2,2-dich!oropropion c acid 116. Dichlorvos 117. Dieldrin 118. Diethylamine 119. Dimethylamine 120. Dinitrobenzene 121. Dinitrophenol 122. Dinitrotoluene 123. Diquat 124. Disulfoton 125. Diuron 126. Dodecylbenzesulfonic acid 127. Endosulfan 128 Endrin 129. Epichlorohydrn 130. Ethion 131, Ethylbenzene 132. Ethylenediamine 133. Ethylene dibromide 134. Ethylene dichloride 135. Ethylene diamineletracetic acid (EDT& 136. Fenic ammonium citrate 137, Ferric ammonium oxalate 138. Fenic chloride 139. Ferric fluoride 140. Ferric nitrate 141. Ferric sulfate 142. Ferrous ammonium sulfate 143. Ferrous chbride 144. Ferrous sulfate 145. Fomnaldehyde 146. Formic add 147. Fumaric acid 148. Furfural 149. Guthion 150. Heptachlor 151. Hexachlorocydapentadiene 152. Hydrochloric acid 153. Hydrofluoric add 154. Hydrogen cyanide 155. Hydrogen sulfide 156. Isoprene 157. Isopmpanolamine dodecylbenzenesulfonate 158. Kelthane 159. Kepone 160. Lead acetate 161. Lead arsenate 162. Lead chloride 163. Lead fluoborate 164. Lead fluorite 165. Lead iodide 166. Lead nitrate 167. Lead staarate 168. Lead sulfate 169. Lead sulfide 170. Lead thiocyanate 171. Lindane 172. Lithium chromate 173. Malathion 174. Maleic add 175. Maleic anhydride 176. Mercaptodimethur 177. Mercuric cyanide 178. Mercuric nitrate 179. Mercuric sulfate 180. Mercuric thiocyanate 181. Mercurous nitrate 182. Methoxychlor 183. Methyl mercaptan 184. Methyl methacrytate 185. Methyl parathion 186.Mevnphos 187. Mexacarbate 188. Monoethylamne 189. Monomethylamine 190. Naled 191. Naphthalene 192. Naphthenic acid 193. Nicke, ammonium sulfate 194. Nicke• chloride 195. Nicke hydroxide 196, Nicke n.trate 197. Nicke' sulfate 198. Nitric acid 199. Nitrobenzene 200. Nitrogen dioxide 201. Nitrophenol 202. Nitrotoiuene 203. Paraformaldehyde 204. Parathion 205. Pentachloropheno: 206, Pheno 207. Phosgene 208. Phosphoric add 209, Phosphorus 210. Phosphorus oxychloride 211. Phosphorus pentasu fide 212 Phosphorus trichtoride 213 Polychlorinated blphenyls (PCB) 214. Potassium arsenate 215 Potassium arsenite 2C-11 216. Potassium bichromate 217. Potassium chromate 218. Potassium cyanide 219. Potassium hydroxide 220. Potassium permanganate 221. Propargite 222. Propionic add 223. Propionic anhydride 224. Propylene oxide 225. Pyrethrins 226. Quinoline 227. Resorcinol 228. Selenium oxide 229. Silver nitrate 230. Sodium 231. Sodium arsenate 232. Sodium arsenite 233. Sodium bichromate 234. Sodium biltuoride 235. Sodium bisulfite 236. Sodium chromate 237. Sodium cyanide 238. Sodium dodecylbenzenesulfonate 239. Sodium fluoride 240. Sodium hydrosulfide 241. Sodium hydroxide 242. Sodium hypochlorite 243. Sodium methylate 244. Sodium nitrite Exhibit 2C-4. Hazardous Substances 245. Sodium phosphate ?dibas!ci 246. Sodium phosphate ?tribasic) 247. Sodium selenite 248. Strontium chromate 249. Strychnine 250. Styrene 251. Sulfuric acid 252. Sulfur monochloride 253. 2,4,5-T add (2,4,5-Iridilorophenoxyacetic add) 254. 2,4,5-T amines (2,4,5-Irichlorophenoxy acetic acid amines) 255.2,4,5-T esters (2,4,5•trichlorophenoxy acetic acid esters) 256.2,4,5-T salts (2,4,54richlorophenoxy acetic acid salts) 257. 2,4,5-TP acid (2,4,5•trichlorophenoxy propanoic acid) 258.2,4,5-TP add esters (2,4,5-Irichlorophenoxy propanoic acid esters) 259. TDE (tetrachlorodiphenyl ethane} 260. Tetraethyl lead 261. Tetraethyl pyrophosphate 262. Thallium sulfate 263. Toluene 264. Toxaphene 265. Trtchlorofon 266. Trichloroethylene 267. Trichlorophenol 268. Trielhanolamine dodecylbenzenesulfonate 269. Trielhylamine 270. Trimethylamine 271. Uranyl acetate 272. Uranyl nitrate 273. Vanadium penoxide 274. Vanadyl sulfate 275. Vinyl acetate 276. Vinylidene chloride 277. Xylene 278. Xylenol 279. Zinc acetate 280. Zinc ammonium chloride 281. Zinc borate 282. Zinc bromide 283. Zinc carbonate 284. Zinc chloride 285. Zinc cyanide 286. Lnc fluoride 287. Lnc formate 288. Lnc hydrosulfite 289. Zinc nitrate 290. Zinc phenolsulfonate 291. Zinc phosphide 292. Zinc silicofluoride 293. Zinc sulfate 294. Zirconium nitrate 295. Lrconium potassium fluoride 296. Lrconium sulfate 297. Zirconium tetrachloride 2C-1.2 EPA identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Form Approved 03/05/19 OMB No. 2040-0004 Form 2C NPDES =,EPA U.S Environmental Protection Agency Application for NPDES Permit to Discharge Wastewater EXISTING MANUFACTURING, COMMERCIAL, MINING, AND SILVICULTURE OPERATIONS SECTION 1. OUTFALL LOCAT ON (40 CFR 122.21(g)(1)) 0 J 0 1.1 Provide information on each of the facility's outfalls in the table below. Outfall Number Receiving Water Name Latitude Longitude 001 North Fork Catawba 35' 50' 14" 81° 59' 55" • ° SECTION 2. LINE DRAWING (40 CFR 122.21(9)(2)) 2.1 Have you attached a line drawing to this application that shows the water flow through your facility with a water balance? (See instructions for drawing requirements. See Exhibit 2C-1 at end of instructions for example.) EJ Yes ❑ No SECTION 3. AVERAGE FLOWS AND TREATMENT (40 CFR 122.21(g)(3)) Average Flows and Treatment 3.1 For each outfall identified under Item 1.1, provide average flow and treatment information. Add additional sheets if necessary. "Outfall Number" 001 Operations Contibuting to Flow Operation Average Flow Ground Water 1.422 mgd Cooling Ponds 0.175 mgd Boiler Feed Water 0.329 mgd Sanitary Water 0.150 mgd Description Code from Final Disposal of Solid or (include size, flow rate through each treatment unit, Liquid Wastes Other Than retention time, etc.) Table 2C•1 by Discharge Pre -Screening 1-0 Equalization (1.3 MG) N/A Fine Screening (2, Rotary Drum Screens 1-0 Neutralization (pH Adjus, t) 2-K EPA Form 3510-2C (Revised 3-19) FP] 1 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation I Form Approved 03105119 OMB No. 2040-0004 Average Flows and Treatment Continued 3.1 Cont. **Outfa11 Number* 001 Operations Contributing to Flow Operation Average Flow Process Water 0.350 mgd mgd mgd Treatment Description (include size, flow rate through each treatment unit, retention time, etc.) Units Code from Table 2C-1 mgd Final Disposal of Solid or Liquid Wastes Other Than by Discharge Mixing (Nutrient Addition) 1-0 Activated Sludge (Bioreactor) 3-A Multimedia Filter (MBR) 1-Q Disinfection (UV) 2-H **Outfall Number* 001 Operations Cont ibuting to Flow Operation Average Flow mgd mgd mgd mgd Treatment Units Description (include size, flow rate through each treatment unit, retention time, etc.) Code from Table 2C-1 Final Disposal of Solid or Liquid Wastes Other Than by Discharge Discharge to Surface Water 4-A (Sludge) Aerobic Digester 5-A (Sludge) Centrifuge 5-D (Sludge) Land Application 5-P m m 1. a 3.2 Are 0 you applying for an NPDES permit to operate a privately owned Yes • treatment works? No -I SKIP to Section 4. 3.3 Have you attached a list that identifies each user of the treatment ❑ Yes MI works? No EPA Form 3510-2C (Revised 3-i9) Pa eZ EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Form Approved 03105/19 OMB No. 2040-0004 SECTION 4. INTERMITTENT FLOWS (40 CFR 122.21(g)(4)) odayslweek Vdayslweek Edayshveek 4.1 Except for storm runoff, leaks, or spills, are any discharges described ❑ Yes In in Sections 1 and 3 intermittent or seasonal? No 4 SKIP to Section 5. 4.2 Provide information on intermittent or seasonal flows for each applicable outfall. Attach additional pages, if necessary. Outfall Operation Frec uency Flow Rate Number (list) Average Days/Week Average MonthslYear Long -Term Average Maximum Daily Duration dayshveek months/year mgd mgd days monthslyear mgd mgd days months/year mgd mgd days monthslyear mgd mgd days dayshveek monthslyear mgd mgd days dayslweek monthslyear mgd mgd days dayslweek months/year mgd mgd days dayshveek months/year mgd mgd days dayshveek monthslyear mgd mgd days SECTION 5. PRODUCTION (40 CFR 122.21(g)(5)) 11 m S Q 5.1 Do 51 any effluent Yes limitation guidelines (ELGs) promulgated by EPA under Section 0 No 4 304 of the CWA apply to your SKIP to Section 6. facility? 5.2 Provide the following information on applicable ELGs. ELG Category ELG Subcategory Regulatory Citation Pharmaceutical Manufacturing Mixing/Compounding & Formulation 40 CFR 439, subpart D Plastics Molding & Forming Contact Cooling & Heating Water 40 CFR 463, subpart A Secondary Treatment Regulation Secondary Treatment Standards 40 CFR 133 Production -Based Limitations 5.3 Are • any of the applicable ELGs expressed in terms of production Yes ri (or other measure of operation)? No 4 SKIP to Section 6. 5.4 Provide an actual measure of daily production expressed in terms and units of applicable ELGs. Outfall Number Operation, Product, or Material per Da Quantity y unit of Measure EPA Form 3510-2C (Revised 3-19) Pagc. 3 EPA Identification Number NPDES Permit Number NCD059140765 NC0006564 Facility Name Baxter Healthcare Corporation Form Approved 03/05/19 OMB No. 2040-0004 SECTION 6. IMPROVEMENTS (40 CFR 122.21(g)(6)) i E > 2 -a c N H m s° o, a 6.1 Are you presently required by any federal, state, upgrading, or operating wastewater treatment affect the discharges described in this application? or local authority equipment or to meet an implementation practices or any other environmental schedule for constructing, programs that could 6.3. ■ Yes MI No 4 SKIP to Item 6.2 Briefly identify each applicable project in the table below. Brief Identification and Description of Project Affected Outfalls (list outfall number) Source(s) of Discharge Final Compliance Dates Required Projected 6.3 Have you attached sheets describing any additional that may affect your discharges) that you now have water pollution underway control programs or planned? (optional item) (or other environmental projects Not applicable • Yes • No • SECTION 7. EFFLUENT AND INTAKE CHARACTERISTICS (40 CFR 122.21(g)(7)) See the instructions to determine the pollutants and parameters you are required to monitor and, in turn, the tables you must complete. Not all applicants need 10 complete each table. Effluent and Intake Characteristics Table A. Conventional and Non -Conventional Pollutants 7.1 Are you requesting a waiver from your NPDES your outfalls? permitting authority for one or more of the Table A pollutants for any of 7.3. MI Yes • No 4 SKIP to Item 7.2 If yes, indicate the applicable outfalls below. Outfall Number 001 Attach waiver request and other required information to the application. Outfall Number Duffel! Number 7.3 Have you completed monitoring for all Table requested and attached the results to this application A pollutants at each of your outfalls for which a waiver has not been package? ❑ No; a waiver has been requested from my NPDES permitting authority for all pollutants at all outfalls. 0 Yes Table B. Toxic Metals, Cyanide, Total Phenols, and Organic Toxic Pollutants 7.4 Do any of the facility's processes that contribute listed in Exhibit 2C-3? (See end of instructions wastewater for exhibit.) fall into one or more of the primary industry categories 7.8. • Yes • No 4 SKIP to Item 7.5 Have you checked "Testing Required" for all toxic metals, cyanide, and total phenols in Section 1 of Table B? ❑ No ■ Yes 7.6 List the applicable primary industry categories and check the boxes indicating the required GC/MS fraction(s) identified in Exhibit 2C-3. Primary Industry Category P Required GC/MS Fractlon(s) (Check applicable boxes.) ❑ Volatile ❑ Acid 0 Base/Neutral 0 Pesticide ❑ Volatile D Acid 0 Base/Neutral 0 Pesticide ❑ Volatile 0 Acid 0 Base/Neutral 0 Pesticide EPA Form 3510-2C (Revised 3-19} Page 4 EPA Identi1calion Number NCD059140765 NPDES Peril Number NC0006564 Facility Name Baxter Healthcare Corporation For Approved 03/05/19 OMB No.2040 0004 cn Used or Manufactured Toxics —i Effluent and Intake Characteristics Continued 0 7.7 Have you checked GC/MS fractions 'Testing Required' for all required checked in Item 7.6? pollutants in Sections 2 through 5 of Table B for each of the ■ Yes ■ No 7.8 Have you checked where testing "Believed Present" or "Believed is not required? Absent" for all pollutants listed in Sections 1 through 5 of Table B • Yes • No 7.9 Have you provided required or (2) indicated are (1) quantitative data for those quantitative data or other required information "Believed Present" in your discharge? Section 1, Table B, pollutants for which for those Section 1, Table you have indicated testing is B, pollutants that you have ■ Yes ■ No 7.10 Does the applicant qualify for a small business exemption under the criteria specified in the instructions? Note that qualify at the top of Table 8, ❑ No then SKIP to Item 7.12. Yes 4 •you 7.11 Have you provided determined testing pollutants you (1) quantitative data for those is required or (2) quantitative data have indicated are "Believed Present" Sections 2 through 5, Table B, pollutants or an explanation for those Sections in your discharge? for which you have 2 through 5, Table B, • Yes • No Table C. Certain Conventional and Non -Conventional Pollutants 7.12 Have you indicated for all outfalls? whether pollutants are "Believed Present' or "Believed Absent' for all pollutants listed on Table C El No ■ Yes 7.13 Have you completed Table C by providing (1) quantitative data for those pollutants that are limited either directly or indirectly in an ELG and/or (2) quantitative data or an explanation for those pollutants for which you have indicated 'Believed Present'? 0 Yes ❑ No Table D. Certain Hazardous Substances and Asbestos 7.14 Have you indicated all outfalls? whether pollutants are 'Believed Present" or "Believed Absent' for all pollutants listed in Table D for • Yes ■ No 7.15 Have you completed and (2) by providing Table D by (1) describing the quantitative data, if available? reasons the applicable pollutants are expected to be discharged ■ Yes • No Table E. 2,3,7,8 Tetrachlorodibenzo-p-Dioxin (2,3,7,8-TCDD) 7.16 Does the facility use or manufacture one or more of know or have reason to believe that TCDD is or may ❑ Yes + Complete Table E. the 2,3,7,8-TCDD congeners listed be present in the effluent? in the instructions, or do you 8. • No 4 SKIP to Section 7.17 Have you completed Table E by reporting qualitative data for TCDD? • Yes • No 8. USED OR MANUFACTURED TOXICS (40 CFR 122.21(g)(9)) 8.1 Is any pollutant an intermediate listed in Table B a substance or a component of a substance used or manufactured at your facility as or final product or byproduct? El No 4 SKIP to Section 9. IN Yes 8.2 List the pollutants below. 1. 4. 7. 2. 5. 8. 3. 6. 9. EPA Form 3510-2C (Revised 3.19) Page 5 EPA Identification Number NCD059140765 NPDES Permit Number Facility Name NC0006564 Baxter Healthcare Corporation Form Approved 03/05/19 CMBNo.2040-0004 SECTION 9. BIOLOGICAL TOXICITY TESTS (40 CFR 122.21(g)(11)) 9.1 Do you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made within the last three years on (1) any of your discharges or (2) on a receiving water in relation to your discharge? ❑ Yes ❑ No 4 SKIP to Section 10. M 9.2 Identify the tests and their ourposes below. x Test(s) Purpose of Test(s) Submitted to NPDES Permitting Authority? Date Submitted 0 ❑ Yes ■ No g Ts 'm ❑ Yes ❑ No ■ Yes ■ No SECTION 10. CONTRACT ANALYSES (40 CFR 122.21(g)(12)) 10.1 Were 0 any of the analyses reported in Section 7 performed by Yes a ■ contract laboratory or consulting firm? No 4 SKIP to Section 11. 10 2 Provide information for each contract laboratory or consulting firm below. Laboratory Number 1 Laboratory Number 2 Laboratory Number 3 Name of laboratory/firm Pace Analytical Environmental Testing Solutions Water Quality Lab and Operations, Inc. inn � i i Laboratory address 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 PO Box 7565 Asheville, NC 28802 PO Sox 1167 Banner Elk, NC 28604 0 Phone number (704) 875-9092 (828) 350-9364 (828) 898-6277 Pollulant(s) analyzed Oil and Grease, Ammonia, Total Nitrogen, Total Phosphorus, Priority Pollutants Aquatic Toxicity Biological Oxygen Demand SECTION 11. ADDITIONAL INFORMATION (40 CFR 122.21(g)(13)) c 0 11.1 Has 0 the NPDES permitting authority requested additional Yes information? • No 4 SKIP to Section 12. 1 '= m 11.2 List the information requested and attach it to this application. 1 Modification Request Summary TM 4 c 0 as -0 2. Draft Compliance Action Plan for Effluent Temperature 5 1 imita 3. 6. EPA Form 3510-2C (Revised 3-19) F age fi EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Form Approved 03/05/19 OMB No. 2040-0004 SECTION. 12. CHECKL STAND CERTIFICAT.cJN ST ATFMCNT .:4C1 CER 122.22?a1 and d) Checklist and Certification Statement 12.1 In Column 1 below, mark the sections of Form 2C that you have completed and are submitting with your application. For each section, specify in Column 2 any attachments that you are enclosing to alert the permitting authority. Note that not all applicants are required to complete all sections or provide attachments. Column 1 a ❑ Section 1: Outfall Location Section 2: Line Drawing Section 3: Average Flows and Treatment ❑ Section 4: Intermittent Flows Column 2 ❑✓ wl attachments ▪ w/ line drawing ❑ w! attachments ❑ wl attachments El Section 5: Production ❑ wl attachments ❑ w/ additional attachments wl list of each user of ❑ privately owned treatment works ❑ Section 6: Improvements ❑ wl attachments 0 Section 7: Effluent and Intake Characteristics wl request fora waiver and supporting information wl small business exemption request wl Table A wl Table C wl Table E ❑ Section 8: Used or Manufactured Toxics ❑ wl attachments ❑ Section 9: Biological Toxicity Tests ✓❑ Section 10: Contract Analyses ❑ wl attachments ❑ wl attachments wl optional additional ❑ sheets describing any additional pollution control plans ❑ wl explanation for identical outfalls ❑ w/ other attachments ❑ wl Table B ❑ wl Table D ❑ wl analytical results as an attachment ❑ Section 11: Additional Information ▪ wl attachments ❑ Section 12: Checklist and Certification. Statement 12.2 ❑ wl attachments Certification Statement l 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, Prue, accurate, and complete.l am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name (print or type first and last name) Stephen Gouge Signature 9'37 Official title EHS Manager Date signed 6 J2112621_ EPA Form 3510-2C (Revised 3-19) Page 7 This page intentionally left blank. Intake 0 • tonal Number of Analyses this table for the noted outfall. Long -Term Average Value R 122.21(g)(7)(iii))' Effluent Maximum Maximum Long -Term Daily Monthly Average Daily Number of Discharge Discharge Discharge Analyses (required) (iifavailable) __ Cdavailable) rs M. N CO 679 NA « z is §§§ _ 476 o MI N CD N CD 0utfall Number 001 CO 3.89 q co4-4 NA « § 8 k a d .4 - Cr d , , Check here if you have applied to your NPDES permitting authority for a waiver for all of the pollutants listed on § @ a L 46.60 NA NA co 21.86 § 17.03 § co N 30.44 , , EPA Identification Number NPDES Permit Number Facility Name NCD059140765 NC0006564 Baxter Healthcare Corporation m k to r4 a q U NA NA ea d N U o 2 a Q r 35 a ® 7.7 b CO \ =k _I D . o k o E E ■ mg/L ■ mg/L 2 % E MGD p °C - Concentration Mass Concentration Mass Concentration Mass § ƒ c 0 0 ® co M Concentration Mass c2 °C 2 Standard units Standard units > j § re Ls 0 0 0 III NI • • • \ } o 'Fs w o > a. o 2 Biochemical oxygen demand (BOD5) Chemical oxygen demand (COD) Total organic carbon (TOC) Z. 1/3 k k § I- Ammonia (as N) LL Temperature (winter) Temperature (summer) E § .c CL E K cg CIL 'Cr — MIa a 4oi ■ EPA Form 3510-2C (Revised 3-19) This page intentionally left blank. EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation 0utfall Number 001 Form Approved 03/05/19 OMB No. 2040-0004 TABLE B. TOXIC METALS, CYANIDE, Pollutant/Parameter (and CAS Number, if available) TOTAL PHENOLS, Testing Required(may) AND ORGANIC TOXIC Presence or Absence {cited( one) POLLUTANTS (40 CFR Units 122.21(g)(7)(v))1 Effluent Intake (optimal) Believed Present Believed AbsentDaily Maximum Daily Discha a (required) Maximum Monthly D(savailablge) e Long -Term Average Discharge (€f avarable) Number of Analyses Long - Term AVa uee Number of Analyses Check here if you qualify as a small business per the instructions to Form 2C and, therefore, do not need to submit quantitative data for any of the organic toxic pollutants in Sections 2 through 5 of this table. Note, however, that you must still indicate in the appropriate column of this table if you believe any of the pollutants listed are present in your discharge ■ Section 1. Toxic Metals, Cyanide, and Total Phenols 1'1 Antimony, total (7440-36-0) Concentration ■ Mass 1 2 Arsenic, total (7440-38-2) El Concentration ■ ■ Mass 1 3 Beryllium, total (7440-41-7) Concentration ■ ■ Mass 14 Cadmium, total (7440-43-9) 0 Concentration •■ ■ Mass 1.5 Chromium, total (7440-47-3) Concentration ■ ■ Mass 1.6 Copper, total (7440-50-8) ❑ Concentration ■ ■ Mass 1.7 Lead, total (7439-92-1) 0 Concentration • • Mass 1.8 Mercury, total (7439-97-6) Concentration • III ■ Mass 19 Nickel, total 0(7440-02-0) Concentration • • Mass 1.10 Selenium, total (7782-49-2) ID 0 Concentration • Mass 1.11 Silver, total (7440-22-4) El Concentration ■ • Mass EPA Form 3510-2C (Revised 3-19) Page 11 EPA Identification Number NCD059140765 NPDES Permd Number NC0006564 Facility Name Baxter Healthcare Corporation Dutfall Number 001 Form Approved 03105119 OMB No.2040-0004 TABLE 8. TOXIC METALS, CYANIDE, TOTAL PHENOLS, AND ORGANIC TOXIC POLLUTANTS (40 CFR 122.21(g)(7)(v))1 Effluent Intake (optional) Pollutant/Parameter (and CAS Number, if available) Testing Required Presence or Absence (check one) Units (spay) Believed Present Believed Absent Maximum Daily Discharge (required) Maximum Monthly Discharge (davailable) Long -Term Average Daily Discharge (if available) Number of Analyses Long- Term Average Value Number of Analyses 1.12 Thallium, total (7440-28-0) 0 Concentration • • Mass 1.13 Zinc, total (7440-66-6) Concentration Mass 14 1.(57-12-5) Cyanide, total ❑ Concentration Mass 1.15 Phenols, total ID 0 Concentration • Mass Section 2. Organic Toxic Pollutants (GC/MS Fraction —Volatile Compounds) 2.1 Acrolein (107-02-8) Concentration Mass 2 2 Acrylonitrile Concentration •(107-13-1) . Mass 2.3 Benzene (71-43-2) Concentration Mass 2.4 Bromoform (75-25-2) 0 Concentration Mass 2.5 Carbon tetrachloride (56-23-5) Concentration Mass 2.6 Chlorobenzene (108-90-7) Concentration Mass 2.7 Chlorodibromomethane (124-48-1) 0 0 Concentration •Mass 2.8 Chloroethane (75-00-3) Concentration Mass EPA Form 3510-2C (Revised 3-19) Page 12 EPA Identification Number NCD059140765 NPDES Peroit Number NC0006564 Faaiity Name Baxter Healthcare Corporation Outfalr Number 001 Form Approved 03/05/19 OMB No. 2040-0004 TABLE B. TOXIC METALS, CYANIDE, Pollutant/Parameter (and CAS Number, if available) TOTAL PHENOLS, Testing Required AND ORGANIC TOXIC Presence or Absence (check one) POLLUTANTS (40 CFR (ssv y) 122.21(g)(7)(v))1 Effluent Intake (optional) Believed Present Believed Absent Maximum Daily Discharge (required) Maximum Monthly Discharge (if available) Long-TermAverag Daily i Discharge (schavailable) Number of Analyses Long- Term Average Value Number Analf y 2.9 2-chloroethylvinyl ether (110-75-8) o Concentration Mass 2.10 Chloroform (67-66-3) El ElConcentration • Mass 2.11 Dichlorobromomethane (75-27-4) Concentration Mass 2.12 1,1-dichloroethane (75-34-3) Concentration Mass 2.13 12-dichloroethane (107-06-2) Concentration Mass 2.14 11-dichloroethylene (75-35-4) El o Concentration Mass 215 1,2-dichloropropane (78-87-5) Concentration Mass 216 1,3-dichloropropylene (542-75-6) El. Concentration Mass 217 Ethylbenzene (100-41-4) Concentration Mass 218 Methyl bromide (74-83-9) Concentration Mass 219 Methyl chloride El . •(74-87-3) Mass 2.20 Methylene chloride (75-09-2) El Concentration Mass 2.21 1 12 2- tetrachloroethane (79-34-5) Concentration Mass EPA Form 3510-2C (Revised 3-19) Page 13 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Outfall Number 001 Form Approved 03/05/19 OMB No. 2040-0004 TABLE B. TOXIC METALS, CYANIDE, TOTAL PHENOLS, AND ORGANIC TOXIC POLLUTANTS (40 CFR 122.21(g)(7)(v))1 intake (optional) Presence or Absence (check one) Effluent Pollutant/Parameter (and CAS Number, if available) Testing Required 9 Believed Present Believed Absent Units () Maximum Daily Discharge (required) Maximum Monthly Discharge fdavailable) Long -Term Average Daily Discharge Cif available) Number of Analyses Long- Term Average Value Number of Analyses 2 22 Tetrachloroethylene Concentration (127-18-4) • ■ CI Mass 2 23 Toluene Concentration (108-88-3) ❑ • Mass 2 24 1,2-trans-dichloroethylene Concentration (156-60-5) El El El Mass 2 25 1 1,1-trichloroethane Concentration (71-55-6) • ■ ■ Mass 2 26 1,1,2-trichloroethane Concentration (79-00-5) • • 0 Mass 2 27 Trichloroethylene Concentration (79-01-6) ■ ■ ■ Mass 2.28 Vinyl chloride Concentration (75-01-4) ■ ■ Mass Section 3. Organic Toxic Pollutants (GC/MS Fraction —Acid Compounds) 31 2-chlorophenol (95-57-8) ■ ■ ■ Concentration Mass 3 2 2,4-dichlorophenol (120-83-2) ■ •Mass • ■ Concentration 3.3 2,4-dimethylphenol (105-67-9) ID ❑ ■ Concentration Mass 3.4 4 6-dinitrocresol (534-52-1) ■ El 0 Concentration Mass 3.5 2,4-dinitrophenol (51-28-5) M El Concentration Mass EPA Form 3510-2C (Revised 3-19) Page 14 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Outfall Number 001 Form Approved 03105/19 OMB No.204D-0004 TABLE B. TOXIC METALS, CYANIDE, Pollutant/Parameter (and CAS Number, ifavatiable) TOTAL PHIENOLS, Testing Required AND ORGANIC TOXIC Presence or Absence (check one} POLLUTANTS (40 CFR Units (specify) 122.21(g)(7)(v))1 Effluent Intake (optional) Believed Present Believed Absent Maximum Daily Discharge Maximum Monthly �favahlaabblle} Long -Term Average Daily Discharge Of available) Number of Analyses Long- Term Ava age Number of Analyses 3.6 2-nitrophenol (88-75-5) Concentration Mass 3.7 4-nitrophenol (100-02-7) Concentration Mass 3.8 p-chloro-m-cresol (59-50-7) Concentration I Mass 3.9 Pentachlorophenol (87-86-5) Concentration Mass 3.10 Phenol (108-95-2) El El Concentration II Mass 3 2,4,6-trichlorophenol (88-05-2) ❑ Concentration 1 MI Mass Section 4. Organic Toxic Pollutants (GCIMS Fraction --Base !Neutral Compounds) 41 Acenaphthene (83-32-9) Concentration Mass 4.2 Acenaphthylene (208-96-8) Concentration Mass 4.3 Anthracene (120-12-7) Concentration IN � � Mass 4.4 Benzidine (92-87-5) Concentration Mass 4.5 Benzo (a) anthracene (56-55-3) El • Mass 4.6 Benzo (a) pyrene (50-32-8) El Concentration Mass EPA Form 3510-2C (Revised 3-19} Page 15 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Outlet Number 001 Form Approved 03/05/19 OMB No. 2040-0004 TABLE B. TOXIC METALS, CYANIDE, TOTAL PHENOLS, AND ORGANIC TOXIC POLLUTANTS (40 CFR 122.21(g)(7)(v))' Effluent Intake (optional) Pollutant/Parameter (and CAS Number, if available:! (and Testing Required Presence or Absence (check one) Units (spay) Believed Present Believed Absent Maximum Daily Discharge (required) Maximum Monthly Discharge (If available) Long -Tenn Average Daily Discharge (if available) Number of Analyses Long - Term Average Number of Analyses 4.7 3,4-benzofluoranthene (205-99-2) Concentration Mass 4.8 Benzo (ghi) perylene (191-24-2) Concentration Mass 4.9 Benzo (k) fluoranthene (207-08-9) ❑ o Concentration Mass 4.10 Bis (2-chloroethoxy) methane (111-91-1) Concentration Mass 411 Bis (2-chloroethyl) ether (111-44-4) Concentration Mass 412 Bis (2-chloroisopropyl) ether (102-80-1) � Concentration • • Mass 4.13 Bis (2-ethylhexyl) phthalate (117-81-7) Concentration Mass 4.14 4-bromophenyl phenyl ether (101-55-3) Concentration Mass 4.15 Butyl benzyl phthalate Concentration NI •(85-68-7) • Mass 416 2-chloronaphthalene (91-58-7) Concentration Mass 4.17 4-chlorophenyl phenyl ether (7005-72-3) Concentration Mass 4.18 Chrysene (218-01-9) Concentration Mass 4.19 Dibenzo (a,h) anthracene (53-70-3) El Concentration . . Mass EPA Form 3510-2C (Revised 3-19) Page 16 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Outfall Number 001 Form Approved 03105119 OMB No. 2040-0004 TABLE B. TOXIC METALS, CYANIDE, Pollutant!Parameter (and CAS Number, if available) TOTAL PHENOLS, Testing Required AND ORGANIC TOXIC Presence or Absence (check one) POLLUTANTS (40 CFR Units (spy) 122.21(07)(v))1 Effluent Intake OP l) Believed Present Believed Absent Maximum Daily (sue Discharge Maximum Monthly Discharg{if available) Long -Term Average Daily Discharge fii avahble} Number of Analyses Long _ Terns Average Value Number of Analyses 4.20 12-dichlorobenzene (95-50-1) 0 Concentration ■ ■ Mass 4.21 1,3-dichlorobenzene (541-73-1) El Concentration ■ ■ Mass 4.22 1,4-dichlorobenzene (106-46-7) Concentration ■ ■ Mass 4.23 3,3-dichlorobenzidine (91-94-1) Concentration ■ ■ ■ Mass 4.24 Diethyl phthalate (84-66-2) 0 ❑ Concentration ■ Mass 4.25 Dimethyl phthalate (131-11-3) Concentration III ■ Mass 426 Di-n-butyl phthalate Concentration ■ •(84-74-2) ■ Mass 4.27 2,4-dinitrotoluene (121-14-2) Concentration ■ • Mass 4.2$ 2,6-dinitrotoluene (606-20-2) � Concentration ■ ■ Mass 4.29 Di-n-octyl phthalate (117-84-0) Concentration ■ ■ ■ Mass 4.34 1,2-Diphenylhydrazine (as azobenzene) (122-66-7) 0 Concentration • ■ Mass 4.31 Fluoranthene (206-44-0) Concentration ■ ■ ■ Mass 4.32 Fluorene (86-73-7) 0 El Concentration ■ Mass EPA Form 3510-2C (Revised 3-19) Page 17 EPA Identification Number NCD059140765 TABLE B. TOXIC METALS, CYANIDE, NPDES Permit NC0006564 TOTAL PHENOLS, Number AND ORGANIC Facility Name Baxter Healthcare Corporation TOXIC POLLUTANTS (40 CFR 0utta 122.21(9)(7)(01 I Number 001 Effluent Form Approved 03A5119 OMB No.2040 0004 Intake OPOIxiaQ Pollutant/Parameter (and CAS Number, if available) Testing Required Presence or Absence (check one) Units Believed Present Believed(�;y) Absent Maximum Daily Discharge (required) Maximum Monthly Discharge (if available) Lon -Term Average Daily Discharge (ifavailable) Number of Analyses Long _ Term Average Value Number of Analyses 4.33 Hexachlorobenzene (118-74-1) Concentration Mass 4 Hexachlorobutadiene (87-68-3) Concentration Mass 4.35 Hexachlorocyclopentadiene (77-47-4) 0 Concentration •• Mass 4 Hexachloroethane (67-72-1) Concentration Mass 4.37 Indeno (1,2,3-cd) pyrene (193-39-5) Concentration Mass 4.38 Isophorone (78-59-1) Concentration Mass 4.39 Naphthalene (91-20-3) Concentration Mass 4.40 Nitrobenzene (98-95-3) Concentration Mass 4.41 N-nitrosodimethylamine (62-75-9) 0 Concentration . . Mass 4.42 N-nitrosodi-n-propylamine (621-64-7) El • Mass 4.43 N-nitrosodiphenylamine (86-30-6) ❑ Concentration • • Mass 4 Phenanthrene (85-01-8) Concentration Mass 4.45 Pyrene (129-00-0) Concentration . . . Mass EPA Form 3510-2C (Revised 3-19) Page 18 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Outfall Number 001 Form Approved 03105/19 OMB No. 2040-0004 TABLE B. TOXIC METALS, CYANIDE, TOTAL PHENOLS, Testing Required AND ORGANIC Presence or Absence (check one) OXIC POLLUTANTS (40 CFR Units (speY) 122.21(g)(7)(v))1 Effluent Intake (optional) Pollutant/Parameter (and CAS Number, if available) Believed Present Believed Absent Maximum Daily Discharge (required) Maximum Monthly Discharge (limitable)(rfavailabe) Long -Tenn Average Daily Discharge Number of Analyses Long Term Average Value Number of Analyses 4.46 1 2 4-trichlorobenzene (120-82-1) Concentration Mass Section 5. Organic Toxic Pollutants (GC/MS Fraction—Pestic des) 5.1 Aldrin (309-00-2) Concentration Mass 5.2 a-BHC (319-84-6) El El Concentration II Mass 5'3 -BHC (319-85-7) El Concentration M MI Mass 5 4 y-BHC (58-89-9) Concentration Mass 5.5 5-BHC (319-86-8) Concentration Mass 5.6 Chlordane (57-74-9) Concentration Mass 5.7 4 4'-DDT (50-29-3) Concentration Mass 5.8 4,4'-DDE (72-55-9) Concentration Mass 5.9 4,4'-DDD (72-54-8) Concentration Mass 5.10 Dieldrin (60-57-1) El Concentration • • 5.11 a-endosulfan (115-29-7) Concentration Mass EPA Form 3510-2C (Revised 3-19) Page 19 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Outfall Number 001 Form Approved 03/05/19 OMB No.2040-0004 TABLE B. TOXIC METALS, CYANIDE, TOTAL PHENOLS, AND ORGANIC TOXIC POLLUTANTS (40 CFR 122.21(g)(7)(v))1 Pollutant/Parameter Testing (and CAS Number, if available) Required Presence or Absence (checkone) Believed Believed Present Absent Units () 5.12 ft-endosulfan (115-29-7) 5.13 El ❑ Concentration Mass Concentration Endosulfan sulfate (1031-07-8) El O ❑ Maximum Daily Discharge (required) Effluent Maximum Monthly Discharge (if available) Long Term Average Daily Discharge if available Number of Analyses Intake (optional) Long - Term Average Value Number of Analyses Mass 5.14 Endrin (72-20-8) O 0 ❑ 5.15 Endrin aldehyde (7421-93-4) 5.16 Heptachlor (76-44-8) 5.17 Concentration Mass ❑ ❑ 0 O 0 Heptachlor epoxide (1024-57-3) Concentration Mass Concentration Mass O ❑ PCB-1242 5.18 (53469-21-9) 5.19 PCB-1254 (11097-69-1) PCB-1221 5.20 (11104-28-2) PCB-1232 ❑ 5.21 (11141-16-5) El PCB-1248 5.22 (12672-29-6) ❑ PCB-1260 5.23 I (11096-82-5) 5.24 PCB-1016 (12674-11-2) Concentration Mass Concentration Mass 0 Concentration Mass O 0 Concentration Mass Concentration Mass O ❑ Concentration Mass O ❑ Concentration Mass O 0 Concentration Mass EPA Form 3510-2C (Revised 3-19) Pager 20 EPA Idenlficalon Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Duffel! Number 001 Form Approved 03/05/19 OMB No. 2040-0004 TABLE B. TOXIC METALS, CYANIDE, PollutantlParameter (and and CAS Number, if available} TOTAL PHENOLS, Testing Required AND ORGANIC TOXIC Presence or Absence (check one) POLLUTANTS (40 CFR Units (spY , 122.21(g)(7)(v))l Effluent Intake (optional) Believed Present Believed AbsentDaily Maximum Daily Dischargere) MaximumLong- MonthlyAverage Discharge of available) Long -Term Discharge (if avallable) Number of Analyses Term Averagevaag Number of Analyses Toxaphene 5.25 (8001-35-2) Concentration • M • Mass Sampling shall be conducted according to sufficient y sensitive test procedures (i.e., methods) approved under 40 CFR 136 for the analysis of pollutants or pollutant parameters or required under 40 CFR chapter I, subchapter N or 0. See instructions and 40 CFR 122.21(e)(3). EPA Form 3510-2C (Revised 3-19} Page 21 This page intentionally left blank. EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation 0utfaU Number 001 Form Approved 03/05/19 OMB Na.2040-0004 TABLE C. CERTAIN CONVENTIONAL Presence AND NON CONVENTIONAL or Absence (check one) POLLUTANTS itPollutant B° (specify) (40 CFR 122.21(g)(7)(vi))' Effluent Intake (Optional) Believed Present Believed Absent Maximum Daily DischargeAverage (required) Maximum Monthly Discharge (if available) tang -Tenn Average Daily Discharge Of available) Number of Analyses tang Term Value Number of Analyses ■ ■ Check here if you believe all pollutants on Table C to be present in your discharge from the noted outfall. You need not complete the "Presence or Absence" column of Table C for each pollutant. Check here if you believe all pollutants on Table C to be absent in your discharge from the noted outfall. You need not complete the "Presence or Absence" column of Table C for each pollutant. 1 Bromide (24959.67-9) ■ ■ Concentration Mass 2 Chlorine, total residual 0 ■ Concentration Mass 3. Color III■ Concentration Mass 4. Fecal ooliform p Concentration #/100mL <1 <1 - 679 Mass - - - - 679 5' Fluoride (16984 48-8) • ■ Concentration Mass 6 Nitrate -nitrite ■ ■ Concentration Mass 7 Nitrogen, total organic (as N) • Concentration mg/L 23.4 23.4 - 52 Mass Ib 189.30 189.30 - 52 8. Oil and grease El 0 Concentration mg/L 10.19 6.00 - 226 Mass Ib 84.99 55.39 - 226 g' Phosphorus (as P), total (7723.14-0) ■ Concentration mg/L 5.5 5.5 - 52 Mass Ib 17.89 17.89 - 52 10. Sulfate (as SO4) (14808-79-8) ■ ■ Concentration Mass 11. Sulfide (as S) ■ El Concentration Mass EPA Form 3510-2C (Revised 3-19) Page 23 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Faal ty Name Baxter Healthcare Corporation TABLE C. CERTAIN CONVENTIONAL AND NON CONVENTIONAL POLLUTANTS (,0 CFR 122.211g) 13. outran Number 001 Maximum Daily Discharge (required) corm Approves uJivana OMB No. 2040-0004 Maximum Long Term Monthly Average Daily Number of Discharge Discharge Analyses damnable 8t availablet Aluminum, total (7429-90-5) 18 Barium, total (7440-39-3) Mass Concentration Mass 17 Cobalt, total (7440-48-4) 18. Iron, total (7439-89-6) 19. Magnesium, total (7439-95-4) ❑ ❑ I0. Molybdenum, tots! (7439-98-7) Manganese, total (7439-96-5) Tin, total (7440-31-5) Concentration Mass Concentration Mass Concentration Mass ❑ ❑ ❑ ❑ Mass Concentration Mass Concentration Mass 0 0 23.Titanium, total (7440-32-6) ❑ ❑ Concentration Mass Concentration Mass EPA Form 3510-2C (Revised 3-19) Page 24 TABLE EPA Identification Number NCD059140765 C. CERTAIN CONVENTIONAL Pollutant Presence NPDES Permit NC0006564 AND NON CONVENTIONAL or Absence (check one) Number Baxter Healthcare POLLUTANTS Un (spedfy) Facility Name Corporation (40 CFR 122.21(g)(7)(vi))1 0utfall Number 001 Effluent Form Approved 03/05/19 OMB No. 2040-0004 Intake (Optional) Believed Present Believed Absent Maximum Daily Discharge (�� Maximum Monthly Discharred)ge {rf available} Long -Tenn Average Daily Discharge (If available) Number of Analyses Long -Term Average Value Number of Analyses 24. Radioactivity Alpha, total 0 Concentration • Mass Beta, total 0 Concentration • Mass Radium, total Concentration • • Mass Radium 226, total El Concentration ■ Mass Sampling shall be conducted according to sufficiently sensitive test procedures (Le., methods) approved under 40 CFR 136 for the analysis of pollutants or pollutant parameters or required under 40 CFR chapter I, subchapter N or 0. See instructions and 40 CFR 122.21(e)(3)_ EPA Form 3510-2C (Revised 3-19) Page 25 This page intentionally left blank. EPA Identification Number NCD059140765 NPDES Permit Number Facility Name NC0006564 Baxter Healthcare Corporation Outfall Number 001 Form Approved 03105/19 OMB No.2040-0004 TABLE D. CERTAIN HAZARDOUS Pollutant SUBSTANCES AND ASBESTOS (40 CFR 12221(g)(7)(vii))1 Presence or Absence (check one) Reason Pollutant Believed Present in Discharge Available Quantitative Data (speaty units) Believed Present Believed Absent 1. Asbestos 0 ❑ 2. Acetaldehyde 0 0 3. Ally! alcohol 0 ■ 4. AIIyI chloride 0 ■ 5. Amyl acetate 0 ■ 6. Aniline 0 ■ 7. Benzonitrile ■ ■ 8. Benzyl chloride 0 ■ 9. Butyl acetate ■ ■ 10. Butylamine ■ ■ 11. Captan ■ ■ 12. Carbaryl 0 ■ 13. Carbofuran 0 ■ 14. Carbon disulfide ■ ■ 15. Chlorpyrifos ■ ■ 16. Coumaphos ■ ■ 17. Cresol 0 ■ 18. Crotonaldehyde ■ ■ 19. Cydohexane ■ ■ EPA Form 3510-2C (Revised 3-19) Page 27 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation Outfall Number 001 Form Approved 03105119 OMB No. 2040.0004 TABLE D. CERTAIN HAZARDOUS SUBSTANCES AND ASBESTOS (40 CFR 12221(g)(7)(vii))1 Absence one) Reason Pollutant Believed Present in Discharge Available Quantitative Data (spedry units) Pollutant Presence or (check Believed Present Believed Absent 20. 2,4-D (2,4-dichlorophenoxyacetic acid) ❑ ■ 21. Diazinon ■ ■ 22. Dicamba ❑ ❑ 23. Dichlobenil ■ ■ 24. Dichlone ❑ ■ 25. 2,2-dichloropropionic acid ❑ ■ 26. Dichlorvos ❑ ■ 27. Diethyl amine ■ ■ 28. Dimethyl amine ■ ■ 29. Dintrobenzene ❑ ■ 30. Diquat 0 ■ 31. Disulfoton ■ ■ 32. Diuron ■ ■ 33. Epichlorohydrin ■ ■ 34. Ethion ■ ■ 35. Ethylene diamine ■ ■ 36. Ethylene dibromide ■ ■ 37. Formaldehyde ■ ■ 38. Furfural ■ ■ EPA Form 3510-2C (Revised 3-19) Page 28 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation 0utfall Number 001 Form Approved 03/05I19 OMB No. 2040-0004 TABLE D. CERTAIN HAZARDOUS Pollutant SUBSTANCES AND ASBESTOS (40 CFR 12221(g)(7)(vii))1 Presence or Absence (deck one) Reason Pollutant Believed Present in Discharge Available Quantitative Data (specify units) Believed Present Believed Absent 39. Guthion ■ ■ 40. Isoprene 0 ■ 41. Isopropanolamine ❑ ■ 42. Kelthane 0 ■ 43. Kepone ❑ ■ 44. Malathion ❑ ■ 45. Mercaptodimethur ❑ ■ 46. Methoxychlor 0 ■ 47. Methyl mercaptan ■ IN 48. Methyl methacrylate ■ ■ 49. Methyl parathion ■ ■ 50. Mevinphos ❑ • 51. Mexacarbate ■ ■ 52. Monoethyl amine ■ ■ 53. Monomethyl amine ■ ■ 54. Naled IN ■ 55. Naphthenic acid ■ ■ 56. Nitrotoluene ❑ ■ 57. Parathion ❑ 0 EPA Form 3510-2C (Revised 3-19) Page 29 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation 0utrall Number 001 Form Approved 03/05/19 OMB No.2040-0004 TABLE D. CERTAIN HAZARDOUS SUBSTANCES AND ASBESTOS (40 CFR 122 21(g)(7)(vii))1 Available Quantitative Data (stet' units) Pollutant Presence or Absence (check one) Reason Pollutant Believed Present in Discharge Believed Present Believed Absent 58. Phenolsulfonate ❑ ■ 59. Phosgene ■ ■ 60. Propargite ■ ■ 61. Propylene oxide ■ ■ 62. Pyrethrins ❑ ■ 63. Quinoline ■ ■ 64. Resorcinol ❑ ❑ 65. Strontium ❑ ■ 66. Strychnine ❑ ❑ 67. Styrene 0 ■ 68. 2,4 5-T (2,4,5-trichlorophenoxyacetic acid) 69. TDE (tetrachlorodiphenyl ethane) ■ ■ 70. 2,4,5-TP [2-((2,4,5-trichlorophenoxy) propanoic acid] 71. Trichlorofon ■ ■ 72. Triethanolamine ■ ■ 73. Triethylamine ■ ■ 74. Trimethylamine ■ IN 75. Uranium ❑ ■ 76. Vanadium ❑ ■ EPA Form 3510-2C (Revised 3-19) Page 30 EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Fadlity Name Baxter Healthcare Corporation DutraII Number 001 Form Approved 03/05/19 OMB No. 2040-0004 TABLE D. CERTAIN HAZARDOUS SUBSTANCES AND ASBESTOS (40 CFR 12221(g)(7)(vii))1 Presence or Absence (check one) Reason Pollutant Believed Present in Discharge Available Quantitative Data (specify units) Pollutant Believed Present Believed Absent 77. Vinyl acetate ■ ■ 78. Xylene ❑ ■ 79. Xylenol ■ ■ 80. Zirconium ❑ ■ 1 Sampling shall be conducted according to sufficiently sensitive tes procedures (i.e. methods) approved under 40 CFR 136 for the analysis of pollutants or pollutant parameters or required under 40 CFR chapter I, subchapter N or 0. See instructions and 40 CFR 122.21(e)(3). EPA Form 3510-2C (Revised 3-19) Page 31 This page intentionally left blank. EPA Identification Number NCD059140765 NPDES Permit Number NC0006564 Facility Name Baxter Healthcare Corporation TABLE E. 2,3,7,8 TETRACHLORODIBENZO P DIOXIN (2,3,7,8 TCDD) (40 CFR 122.21(g)(7)(viii)) Outfall Number 001 Form Approved 03I05119 OMB No. 2040-0004 Pollutant TCDD Congeners Used or Manufactured Presence or Absence (check one) Believed Believed Present Absent Results of Screening Procedure 2,3,7,8-TCDD EPA Form 3510-2C (Revised 3-19) Page 33 Attachments Attachment A: Topographic Map Attachment B: Process Flow Diagram Attachment C: Treatment Facility Processes & Equipment Attachment D: Current NPDES Permit: NC0006564, Baxter Healthcare Corp. WWTP Attachment E: Fact Sheet NPDES Permit: NC0006564 Attachment A Topographic Map 82°2'0"W 82°1'0"W 82°0'0"W 81 °59'0"W 81 °58'0"W 35°51'0"N— 35°50'0"N--- 35°49'0"N Van Noy Branch ('kr Lonor, arch O �i- 440Untl Baxter Healthcare Corp. 0, Branch Conley titai)ch WWTP Rbr c th Fork Catawba Rive 001 _ invdle Rd O Pisgah National Forest North Fork Catawba River —35°51'0"N —35°50'0"N 3268 Black Fork. Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community 82°2'0"W 82°1'0"W 82°0'0"W 1 1 81 °59'0"W 81 °58'0"W 35°49'0"N Legend Q Site Boundary N 0 2,500 5,000 I I I Feet Exhibit # Topographic Map Baxter Healthcare Facility Marion, NC Attachment B Process Flow Diagram WELL 1 WELL 3 WELL 5 90GPM 150GPM 650GPM WELL 9 WELL 11 WELL 12 650GPM 650GPM 650GPM RAW WATER 1.442 Sterilization (SCW) 137 Extruder Troughs 86 Cooling Tower 1 Cooling Tower 3 Cooling Tower 7 & 8 Cooling Tower 9 Cooling Tower 10 & 11 Water Softeners Boiler Feedwater / Potable 329 Sanitary / Domestic -150 NORTH COVE WATER VALUE STREAM Updated: 10/23/09 Deionized Water 826 CFT Backwash - 34 Cation Regen.-25 Anion Regen. - 25 EVAPORATION #1- #3- #7, 8 - • Condensate Return -128 Distilled Water 600 Blowdowns - 70 Silo Dumps - 10 Cooling Recirculation EVAPORATION 65 SPRAY PONDS Product 350 DW Auxiliary (EBR, Flush, Rinse, Waste) -250 NEUTRALIZATION TANK WWTP Influent - 745 Ponds-175 EFFLUENT TO RIVER 920 2 3 4 5 6 fes, ARCADIS 8 8 a 1 E UWLUENT SAMPLE EMI D C B A TRADE & SANITARY SEYYER 44MPLER INFLUENT ViETWELL -0 INFLUENT WETVIELL TRANSFER PUMPS (1+1) O(STERILIZER WATER TOC FLOATING AERATORS EFX 11l 11l PRIMARY EO FLOATING AERATORS 0 PRIMARY FEED PUMPS (1+1) pu111F0AM Ill Jll HIGH -STRENGTH EO 0 NIGH -STRENGTH FEED PUMPS (1+1) 3 —.2— 0 MORE ACTOR 1 BKIREACTOR 2 BIOREACTOR 3 TO PH ADJUST AND MIX TANK 3 B10REAcTOR1'LOWERS MBR( 10WERS) (3+ DISTRSURC+1 CHANNEL s !CITRIC ACID iYPoO1LGRITE MBR1 MDR 2 v v M FILTRATE ACI(PULSE PUMP (3+1) MBR 3 RAS PUMPS (3+1) DIGESTER±1LOWERS • CONVEYOR DRUM SCREEN DRUM SCREEN RAS SCREENINGS IIREA s SAMPLER-. W111FOAM ADJUSTMENT TANK MD( TANK 0 UV DISINFECTION UV DISINFECTION FILTRATE TANK HOLDING POND FED iIFN.T SLAIN —IT0 OU1FAIL > LT, p0L ER > 4 AEROBIC DIGESTER 1 DO AEROBIC DIGESTER 2 SLUDGE PUMPS (1+1) CENTRIFUGE NPW SYSTEM SLUDGE TO LAND APPUCA11OH CENTRATE TO PLANT DRAMA P.S. DECANT TO PLANT DRAIN P.S. mfrestrtxture Weter Environment Bu+Wrn¢s LEGAL EMIT Y: ARCADIS G811 OF NORTH CM0UN4. INC. CERTIFICATE OF AUTHORIZATION NO. 7917 SENS MARION. NC ifilaxtep NORTH CONE WWTP ATLBAXNC.EN01 0 7 JAY 2016 FM CONSTRUCTION AS N0. DATE ISSUED FOR BY COPYRIGHT: ARUM O&M OF 2016 NORTH CAROLINA. INC DATE JULY 2016 PROJECT NO. ATLBAKIC.FN01 FLE NAME 6R-00-G-03 Dame) BY: F. SIMMONS DRAWN BY: R. OBERINipER CHECKED BY: C. STANFILL SHEET 1111.E AREA 00 - GENEWLL PROCESS FLOW DIAGRAM SCALE: NONE AR-OO-G-03 SHEET 3 OF 176 Attachment C Treatment Facility Processes & Equipment Treatment Facility Equipment, by Process Component 1. Quantity/Description Equalization Screening 3; Inclined Tanks 2; 1.3 MG capacity total Pumps 2 duty, 2 standby Surface Aerators 4 total (2 per EQ tank) Primary Treatment Screens 1 duty, 1 stand-by; Rotary Drum, fine pH Adjustment Tank 1; dose and mix Sodium Hydroxide Mix Tank 1; mix Influent and RAS Primary Blowers 1 duty, 1 stand-by; mix the pH and Mix Tanks Secondary Treatment Bioreactor 3; aeration basins 0.54 MG capacity total Diffusers Fine Bubble Bioreactor Blowers 3 duty, 1 standby Membrane Tanks 3, MBR Permeate Pumps 3 duty, 1 shelf -spare Membrane Blowers 3 duty, 1 standby RAS 3 duty, 2 standby Disinfection Ultraviolet 2 banks in series Solids Treatment Aerobic Digesters 2; 0.43 MG capacity total Digester Blowers 2 duty, 1 standby Dewatered Sludge Pumps 1 duty, 1 standby Dewatering 1; Centrifuge Chemical Systems Baxter Healthcare Corp. NPDES Permit Modification Application Attachment C Sodium Hypochlorite 2 duty dosing pumps, 1 bulk container; for MBR cleaning cycle Citric Acid 1 duty dosing pump, 1 bulk container; for MBR cleaning cycle Phosphoric Acid 1 duty, 1 standby dosing pump, 1 bulk container; for pH adjustment Urea 1 duty, 1 standby dosing pump, 1 bulk container; supplemental nutrients Sodium Hydroxide 1 duty, 1 standby dosing pump, 1 bulk container; for pH adjustment Antifoam 3 duty dosing pumps, 2 bulk containers; foam control in EQ and pH Adjustment Tank 1. Source of Baxter Healthcare Corp WWTP process and equipment information is the Marion WWTP Upgrade Basis of Design Report, Arcadis 2015 Baxter Healthcare Corp. NPDES Permit Modification Application Attachment C Attachment D Current NPDES Permit NC0006564, Baxter Healthcare Corp. WWTP DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 5, 2022 Mr. Stephen Gouge, Environmental Health & Safety Superintendent Baxter Healthcare Corporation 65 Pitts Station Road Marion, North Carolina 28752 Subject: Final NPDES Permit Renewal Permit NC0006564 Baxter Healthcare Corp. WWTP McDowell County Grade III Biological WPCS SIC Code 2834 Dear Mr. Gouge: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES permit. This permit 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). The following changes were made to the draft permit sent to you on January 13, 2022: • Oil & Grease: Sections 402(o)(2) and 303(d)(4) of the CWA and federal regulations at 40 CFR 122.44(1) prohibit backsliding of effluent limitations in NPDES permits. These provisions require effluent limitations in a reissued permit to be as stringent as those in the previous permit, with some exceptions where limitations may be relaxed. Per US EPA (Interim Guidance, 1996), monitoring requirements are not considered effluent limitations under Section 402(o) of the Clean Water Act, and therefore anti -backsliding prohibitions would not be triggered by reductions in monitoring frequencies. Therefore, effluent limits for oil and grease stipulated in the previous permit are maintained, but the monitoring requirement is reduced to twice per month. [See A. (1.)]. • pH: Correction was made to pH monitoring requirement which was revised from daily to three times per week. 15A NCAC 02B .0508 [See A. (1.)]. • TN/TP: Correction made to TN and TP monitoring requirement, which was revised from quarterly to monthly, per 5A NCAC 02B .0508 [See A. (1.)]. • Turbidity: Effluent turbidity monitoring three times per week were added to the permit, per 15A NCAC 02B .0211 (21) and .0219 (1) [See A. (1.)]. • Temperature: Footnote was added to effluent temperature requirement per 15A NCAC 02B .0211 (18) and .0219 (1) [See A. (1.), Footnote 8]. • Nutrient Re -Opener: Special Condition was added to the permit, per 15A NCAC 02H .0112(b)(1) and 0.114(a), the Director may reopen this permit to require supplemental nutrient monitoring of the discharge for the purpose of supporting water quality modeling efforts within the Catawba River Basin [See A. (4)]. DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 The final permit maintains the following significant changes identified in the letter sent on January 13, 2022: • Hardness: Effluent hardness and instream hardness sampling, upstream of the discharge, have been added to the permit at a monitoring frequency of quarterly. The Division is implementing dissolved metals standards in all permits, per the 2016 revisions to State water quality standards. As such, the NPDES Permitting Unit will need site -specific effluent hardness data and instream hardness data, upstream of the discharge, for each facility monitoring these metals in order to calculate permit limitations. [See A. (1.)]. • Ammonia -nitrogen: Per the results of instream waste concentration (IWC)-based calculations for ammonia -nitrogen, seasonal ammonia nitrogen limits have been added to reflect appropriate, separate limits for summer and winter months [See A. (1.)]. • Chronic Toxicity: Some of the wording has updated in Special Condition A. (2.), Chronic Toxicity Permit Limit, please review each paragraph carefully. • Language has been added to Footnote 1 to account for influent, effluent, upstream and downstream abbreviations [See A. (1.)]. • A notation was made concerning the Electronic Reporting Rule — NPDES Electronic Reporting Rule — Phase 2 Extension. EPA extended the Phase 2 deadline to December 21, 2025. The current compliance date, effective January 4, 2021, was extended as a final regulation change published in the November 2, 2020, Federal Register. • Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The requirement to continue reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your NPDES permit [See Special Condition A. (3.)]. • Parameter codes have been added to the Effluent Limitations and Monitoring Requirements [ See A. (1.)]. • Regulatory citations have been added to the permit. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an 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 demand is made, this decision shall be final and binding. The NPDES standard conditions (Parts II, III, and IV) 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/3k5NFaL and can be viewed online or downloaded as a PDF file. Page 2 of 3 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 Please note that this permit is not transferable except after notice to the Division. 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 Resources or any other Federal, State, or Local governmental regulations. If you have any questions concerning this permit, please contact Julia Byrd at (919) 707-3707 or via email at Julia.byrd@ncdenr.gov. Sincerely, DocuSigned by: ONAI POW 44GI , "-57287E56E81A40D... for Richard E. Rogers Jr., Director Division of Water Resources, NCDEQ Hardcopy: NPDES Files Central Files Ecopy: US EPA Region 4 DWR/Asheville Regional Office / Water Quality DWR/Aquatic Toxicology Branch/Cindy Moore and Zach Thomas Todd Bell, President, Lake James Environmental Association (info@ljea.org) Brandon Jones, Catawba Riverkeeper (brandon@catawbariverkeeper.org) Page 3 of 3 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NC0006564 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Baxter Healthcare Corporation is hereby authorized to discharge wastewater from a facility located at Baxter Healthcare Corporation U.S. Highway 221 At North Cove McDowell County to receiving waters designated as North Fork Catawba River in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective April 15, 2022. This permit and authorization to discharge shall expire at midnight on March 31, 2027. Signed this day April 5, 2022. DocuSigned by: POW) POW 11A-I , -57287E56E81A40D... for Richard E. Rogers Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NC0006564 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. Baxter Healthcare Corporation is hereby authorized to: 1. Continue operation of a 1.2 MGD wastewater treatment system, consisting of: • Equalization • Neutralization • Nutrient addition • Membrane tanks • Aeration basin • Aerobic digestion • UV disinfection For a facility located at the Baxter Healthcare Corporation, US Highway 221 at North Cove, McDowell County, 2. Discharge treated wastewater from said treatment works via Outfall 001, at the location specified on the attached map into the North Fork Catawba River, currently classified B- Trout waters in subbasin 03-08-30 [HUC: 03050101] of the Catawba River Basin. Page 2 of 8 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NC0006564 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0400 et seq.] [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] [15A NCAC 08G .0302] Grade III Biological Water Pollution Control System During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated non -contact cooling water, boiler feed water, process wastewater, and sanitary wastewater from outfall 001. Such discharges shall be limited and monitored9 by the Permittee as specified below: PARAMETER Parameter Code EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Locations Flow 50050 1.2 MGD Continuous Recording I or E BOD5 (20°C)2 QD310 460.9 pounds/day 691.4 pounds/day 3/Week Composite I and E CODS 00340 1,292.8 pounds/day 1,939.2 pounds/day 3/Week Composite I and E Total Suspended Solids QD530 278.0 pounds/day 417.0 pounds/day 3/Week Composite E Ammonia (NH3 as N) (conc) C0610 (April 1 -October 31) 5.3 mg/L 26.4 mg/L Weekly Composite E Ammonia (NH3 as N) (conc) C0610 (November 1 — March 31) 14.7 mg/L 35.0 mg/L Weekly Composite E Fecal Coliform (geometric mean) 31616 200/100 mL 400/100 mL 3/Week Grab E Total Residual Chlorine4 50060 28 pg/L 3/Week Grab E Dissolved Oxygen 00300 Monitor and Report 3/Week Grab E Temperature, °C8, 00010 Monitor and Report 3/Week Grab E Conductivity 00094 Monitor and Report 3/Week Grab E Turbidity, NTU Monitor and Report 3/Week Grab E Oil and Grease 00556 47.7 pounds/day 95.4 pounds/day 2/Month Grab E pH 00400 Between 6.0 and 9.0 standard units 3/Week Grab E Temperature, °C'-$- 00010 Monitor and Report 3/Week Grab U and D Total Nitrogen, mg/L C0600 Monitor and Report Monthly Composite E Total Phosphorus, mg/L C0665 Monitor and Report Monthly Composite E Fecal Coliform' 31616 (geometric mean) Monitor and Report 3/Week Grab U and D Conductivity' 00094 Monitor and Report 3/Week Grab U and D Dissolved Oxygen' 00300 Monitor and Report 3/Week Grab U and D Total Hardness 00900 [as CaCO3 mg/L] Monitor and Report Quarterly Composite E Total Hardness 00900 [as CaCO3 mg/L6] Monitor and Report Quarterly Grab U Chronic Toxicity5 TGP3B See Note 5 Quarterly Composite E Footnotes: 1. Sample Locations: E — Effluent. U - Upstream: at least 100 feet upstream from the outfall. D - Downstream at NCSR 1552. 2. The monthly average effluent BOD5 concentration shall not exceed the respective influent value multiplied by 0.3 per 40 CFR 439.12(a). 3. The monthly average effluent COD concentration shall not exceed the respective influent value multiplied by 0.572 per 40 CFR 439.12(d). Page 3 of 8 DocuSign Envelope ID: 41A710A5-006D-4A42-ACBE-3EE3F0D9F281 NC0006564 4. Chlorine limit and monitoring requirements apply only if chlorine is used. The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 µg/L will be treated as zero for compliance purposes. 5. Chronic Toxicity (Ceriodaphnia) at 16%: Feb, May, Aug, Nov (see A. (2.)). 6. The Permittee shall sample instream hardness, upstream of the facility's discharge. The sample shall be representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring Coalition Program, sampling for instream hardness may be waived as long as the Monitoring Coalition agrees to sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the Permittee has obtained approval from DWR - NPDES Permitting Unit that the upstream station being monitored by the Coalition is representative of the receiving stream for this discharge. The Permittee is responsible for submitting instream hardness test results with its permit renewal application package. If Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the approved station, the Permittee will immediately notify the Division and resume sampling for instream hardness, upstream of its discharge. 7. Sample collected three times per week during June 1 through September 30 and once per week October 1 through May 31. 8. The facility shall not exceed the instream water temperature of 20°C and not exceed 0.5°C above the background temperature. 9. Starting on December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (3.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 8 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NC0006564 A. (2.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) [15A NCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 16.0%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. 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. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (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 27699-1621 Or, results can be sent to the email, 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. 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 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 a month in which toxicity monitoring is 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, monitoring will be required during the following month. 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 this monitoring requirement 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, minimum control organism reproduction, 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 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NC0006564 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 and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). 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)] Effective December 21, 2016, 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. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 mailing address above. 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 Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. NPDES Electronic Reporting Rule — Phase 2 Extension. EPA extended the Phase 2 deadline from December 21, 2020, to December 21, 2025. The current compliance date will be extended if the implementation date is extended as a final regulation change in the federal register. The Permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). Page 6 of 8 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NC0006564 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-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 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) 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 cert, under penalg of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualf ed personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the ystem, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are signicant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention [Supplements Section D. (6.)] 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 7 of 8 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NC0006564 A. (4.) Nutrient Re -opener [G.S. 143-215.1]. Pursuant to N.C. General Statutes section 143-215.1 and the implementing rules found in North Carolina Administrative Code at 15A NCAC 2H.0112 (b) (1) and 2H.0114 (a), the Director may reopen this permit to require supplemental nutrient monitoring of the discharge. The purpose of additional monitoring will be to support water quality modeling efforts within the Catawba River Basin and shall be consistent with a monitoring plan developed jointly by the Division and affected stakeholders. In addition, the results of water quality modeling may require that limits for total nitrogen and total phosphorous be imposed in this permit upon renewal. Page 8 of 8 DocuSign Envelope ID: 41A710A5-CO6D-4A42-ACBE-3EE3F0D9F281 Latitude. Longitude: Quad #: Stream Class: Receiving Stream: Permitted Flow: Facility Information 35°5010" Sub -Basin: 82°00'Ol" D 10 SE - Little Switzerland B Trout North Folk Catawba -River 1_21V1GD 03-08-30 Baxter Healthcare Corporation NC0006564 McDowell County DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environmental Quality. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. g. Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section 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." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(0]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. 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. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 9 of 18 NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908) or visit https://deq.nc.gov/about/divisions/water-resources/water- resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 10 of 18 These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 11 of 18 particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 12 of 18 of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. c. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 15 of 18 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or Any trucked or hauled pollutants, except at discharge points designated by the POTW. All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. (3) (5) (7) (8) c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.44(j)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.44(j)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(0(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts ILD and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their Ills The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.44(j)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 11/09/2011.2 DocuSign Envelope ID: 41A710A5-COED-4A42-ACBE-3EE3F0D9F281 NPDES Permit Standard Conditions Page 18 of 18 NC DEQ / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of lUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (lUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(0(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 11/09/2011.2 Attachment E Fact Sheet NPDES Permit NC0006564 Fact Sheet NPDES Permit No. NC0006564 Permit Writer/Email Contact Julia Byrd, Julia.byrd@ncdenr.gov: Date: December 30, 2021 Division/Branch: NC Division of Water Resources/NPDES Complex Permitting Fact Sheet Template: Version 09Jan2017 Permitting Action: ❑X Renewal ❑ Renewal with Expansion ❑ New Discharge ❑ Modification (Fact Sheet should be tailored to mod request) 1. Basic Facility Information Facility Information Applicant/Facility Name: Baxter Healthcare Corporation Applicant Address: 65 Pitts Station Rd, Marion, NC 28752 Facility Address: US Highway 221 at North Cove, Marion, NC 28752 Permitted Flow: 1.2 MGD Facility Type/Waste: 50% domestic/50% industrial Facility Class: Class 3 Treatment Units: Non -contact Cooling Water, Boiler Feed Water, Process Water, and Sanitary Wastewater Pretreatment Program (Y/N) N County: McDowell Region Asheville Briefly describe the proposed permitting action and facility background: NPDES permitting history The Baxter Corporation requires a National Pollutant Discharge Elimination System (NPDES) discharge permit to dispose of treated non -contact cooling water, boiler feed water, process wastewater, and sanitary wastewater through surface water discharge. The facility manufactures sterile liquid solutions in flexible bags for medical procedures. Baxter Corporation's NPDES permit expired January 31, 2020; the renewal application was received by the Division July 19, 2019. The source of the wastewater is non -contact cooling water, boiler feed water, process water, and sanitary wastewater. The facility upgraded its wastewater treatment system and relocated the outfall (001) 550 ft. upstream to accommodate the upgrade. After treatment, wastewater is discharged through outfall 001 into the North Fork Catawba River, which is classified B-Trout Waters, in the Catawba River Basin. In 1995, the Division of Water Resources issued an Authorization to Construct that permitted the construction of a new outfall into the North Fork Catawba River 3.2 miles upstream of the confluence with Armstrong Creek. Prior to 1996, Baxter Healthcare and American Threads discharged through outfalls constructed at the same location in the North Fork Catawba River (0.2 miles downstream of the confluence with Armstrong Creek). Page 1 of 10 STREAM CONDITIONS Baxter Healthcare discharges into the North Fork Catawba River, 3.2 miles upstream of the confluence with Armstrong Creek. In 1994, DWR modeled the North Fork Catawba River from Baxter Corporation's outfall to Lake James. The model included the interactions of Baxter's discharge with American Threads (no longer exists). The North Fork Catawba River changes classification at the confluence of Armstrong Creek and North Fork Catawba River. The upstream classification is B —Tr and the downstream classification is C. The model was based on the BOD load of 1321 (daily max) and 880 (monthly average). The current load is substantially lower. The model indicated that dissolved oxygen concentrations from the outfall to the confluence with Armstrong Creek did not fall below the state standard of 6.0 mg/L for trout waters. The lowest predicted value in this reach did not fall below 7.0 mg/L. Current permitting actions: Baxter Corporation's NPDES permit expired January 31, 2020; the renewal application was received by the Division July 19, 2019. The application cover letter indicated that no significant manufacturing changes occurred since the last renewal. Based on results of testing over the course of the permit cycle, it is not anticipated that oil and grease will be present in effluent; therefore, the applicant requested that oil and grease limits are removed, or monitoring reduced in the reissued permit. The current permit limits for Oil and Grease are based on 40 CFR 463 Subpart A as applicable to cooling water from extruders, and Best Professional Judgement (BPJ) for sanitary wastewater. The current monthly average and daily maximum limits, 47.7 and 95.4 pounds per day, respectively will be maintained but monitoring reduced to twice per month. The limits based on TBELS calculated during this review were less stringent than the previous permit. Since the facility has no current plans for future expansion no changes are proposed. Based on results of the Waste Load Allocation (WLA) conducted for this review, seasonal ammonia -nitrogen limits will be added, as well as upstream and effluent hardness monitoring. Turbidity monitoring and a footnote to effluent temperature monitoring was added, per 15A NCAC 02B .0211(18) and (21), and .0219, the temperature for trout waters shall not be increased more than 0.5 C° due to the discharge of heated liquids. 2. Receiving Waterbodv Information: Receiving Waterbody Information Outfalls/Receiving Stream(s): Outfall 001— North Fork Catawba River Stream Segment: 11-24-(2.5) Stream Classification: B, Tr Drainage Area (mi2): 31.5 Summer 7Q10 (cfs) 10.2 Winter 7Q10 (cfs): 15.2 30Q2 (cfs): Average Flow (cfs): 63 IWC (% effluent): 16 303(d) listed/parameter: No Subject to TMDL/parameter: Yes- Statewide Mercury TMDL implementation. Basin/Sub-basin/HUC: North Fork Catawba River/03-08-30/03050101 USGS Topo Quad: DIOSE Page 2 of 10 3. Effluent Data Summary Effluent data for Outfall 001 is summarized below for the period of November 2017 to November 2021. Table. Effluent Data Summary Outfall 001 Parameter Units Average Max Min Permit Limit Flow MGD 0.94 0.19 MA 1.2 BOD5, 20°C lbs/day 19.39 124.66 <3.21 MA 460.9 DM 691.4 COD lbs/day 38.71 154.69 <8.02 MA 1,292.8 DM 1,939.2 Total Suspended Solids lbs/day 9.26 68.75 <1.6 MA 278 DM 417 Fecal Colifonn #/100mL MA 200 DM400 Total Residual Chlorine4 µg/1 limits only apply if chlorine is used DM 28.0 < 50 compliance) Temperature ° C 25.92 35 9.3 Monitor 3/week Conductivity µS/cm 1,283.14 2,397 429 Monitor 3/week Dissolved Oxygen, mg/1 7.64 12.2 5.7 Monitor 3/week pH SU -- 7.6 6.4 6.0 > pH < 9.0 Oil & Grease lbs/day 39.90 84.99 <8.02 MA 47.7 DM 95.4 NH3-N mg/1 0.15 3.1 <0.1 Monitor 2/month Total Nitrogen (NO2 + NO3 + TKN) mg/1 7.40 23.4 0.85 Monitor 1/month Total Phosphorus mg/1 1.63 5.5 0.09 Monitor 1/month Chronic Toxicity pass/fail Monitor 1/quarter MA -Monthly Average, WA -Weekly Average, DM -Daily Maximum, DA=Daily Average Page 3 of 10 4. Instream Data Summary Instream monitoring may be required in certain situations, for example: 1) to verify model predictions when model results for instream DO are within 1 mg/1 of instream standard at full permitted flow; 2) to verify model predictions for outfall diffuser; 3) to provide data for future TMDL; 4) based on other instream concerns. Instream monitoring may be conducted by the Permittee, and there are also Monitoring Coalitions established in several basins that conduct instream sampling for the Permittee (in which case instream monitoring is waived in the permit as long as coalition membership is maintained). If applicable, summarize any instream data and what instream monitoring will be proposed for this permit action: The current permit requires instream monitoring for dissolved oxygen, temperature, fecal coliform, and conductivity for Class B, Trout Waters, per 15A NCAC 02B .0200. Review of instream data for the past four years is summarized below. Location Dissolved Oxygen (mg/L) Conductivity (µS/cm) Temperature (°C) Avg Max Min Avg Max Min Avg Max Min Upstream 9.94 15 6 77.11 124 27 15.84 23.8 0 Downstream 9.28 16.9 6.2 86.33 151 36 16.51 24.3 0 Students t-tests were run at a 95% confidence interval to analyze relationships between instream samples. A statistically significant difference is determined when the t-test p-value result is < 0.05. Review of instream data from the last four years, indicates that statistical differences exist between upstream and downstream samples for temperature, conductivity, and dissolved oxygen. Minimum downstream dissolved oxygen reported was 6.0 mg/L. There were differences in temperatures upstream and downstream reported which could violate standard 15A NCAC 02B .0211(18), which requires that the temperature for trout waters shall not be increased by more than 0.5 °C above the background temperature and not exceed 20 °C. Footnote will be added to the effluent temperature monitoring limit in the permit. Quarterly upstream hardness will be added in the reissued permit, but no changes are proposed for instream monitoring requirements. Is this facility a member of a Monitoring Coalition with waived instream monitoring (Y/N): No Name of Monitoring Coalition: NA 5. Compliance Summary Summarize the compliance record with permit effluent limits (past 5 years): The facility reported one exceedance of the daily maximum limit for fecal coliforms; and one violation of the monitoring frequency for fecal coliforms in 2017. Summarize the compliance record with aquatic toxicity test limits and any second species test results (past 5 years): The facility passed 16 of 16 quarterly chronic toxicity tests between January 2018 and November 2021. Summarize the results from the most recent compliance inspection: The last facility inspection conducted December 28, 2021, reported that the facility was well maintained and operated. Page 4 of 10 6. Water Quality -Based Effluent Limitations (WQBELs) Dilution and Mixing Zones In accordance with 15A NCAC 2B.0206, the following streamflows are used for dilution considerations for development of WQBELs: 1Q10 streamflow (acute Aquatic Life); 7Q10 streamflow (chronic Aquatic Life; non -carcinogen HH); 30Q2 streamflow (aesthetics); annual average flow (carcinogen, HH). If applicable, describe any other dilution factors considered (e.g., based on CORMIX model results): NA If applicable, describe any mixing zones established in accordance with 15A NCAC 2B. 0204(b): NA Oxygen -Consuming Waste Limitations Limitations for oxygen -consuming waste (e.g., BOD) are generally based on water quality modeling to ensure protection of the instream dissolved oxygen (DO) water quality standard. Secondary TBEL limits (e.g., BOD= 30 mg/1 for Municipals) may be appropriate if deemed more stringent based on dilution and model results. If permit limits are more stringent than TBELs, describe how limits were developed: NA Ammonia and Total Residual Chlorine Limitations Limitations for ammonia are based on protection of aquatic life utilizing an ammonia chronic criterion of 1.0 mg/1 (summer) and 1.8 mg/1 (winter). Acute ammonia limits are derived from chronic criteria, utilizing a multiplication factor of 3 for Municipals and a multiplication factor of 5 for Non -Municipals. Limitations for Total Residual Chlorine (TRC) are based on the NC water quality standard for protection of aquatic life (17 ug/1) and capped at 28 ug/1 (acute impacts). Due to analytical issues, all TRC values reported below 50 ug/1 are considered compliant with their permit limit. Describe any proposed changes to ammonia and/or TRC limits for this permit renewal: The current permit requires ammonia nitrogen monitoring twice per monthly, with no limits. Based on results from the WLA conducted seasonal monthly average and daily maximum limits will be added to the reissued permit for the protection of aquatic life in the receiving stream as follows: Monthly Average Daily Maximum Summer 5.3 mg/L 26.4 mg/L Winter 14.7 mg/L No limit (> 35 mg/L) Reasonable Potential Analysis (RPA) for Toxicants The need for toxicant limits is based upon a demonstration of reasonable potential to exceed water quality standards, a statistical evaluation that is conducted during every permit renewal utilizing the most recent effluent data for each outfall. The RPA is conducted in accordance with 40 CFR 122.44 (d) (i). The NC RPA procedure utilizes the following: 1) 95% Confidence Level/95% Probability; 2) assumption of zero background; 3) use of 1/2 detection limit for "less than" values; and 4) streamflows used for dilution consideration based on 15A NCAC 2B.0206. Effective April 6, 2016, NC began implementation of dissolved metals criteria in the RPA process in accordance with guidance titled NPDES Implementation of Instream Dissolved Metals Standards, dated June 10, 2016. A reasonable potential analysis was conducted on effluent toxicant data collected between November 2017 and November 2021. Pollutants of concern included toxicants with positive detections and associated water quality standards/criteria. Based on this analysis, the following permitting actions are proposed for this permit: Page 5 of 10 • Effluent Limit with Monitoring. The following parameters will receive a water quality -based effluent limit (WQBEL) since they demonstrated a reasonable potential to exceed applicable water quality standards/criteria: None • Monitoring Only. The following parameters will receive a monitor -only requirement since they did not demonstrate reasonable potential to exceed applicable water quality standards/criteria, but the maximum predicted concentration was >50% of the allowable concentration: None • No Limit or Monitoring: The following parameters will not receive a limit or monitoring, since they did not demonstrate reasonable potential to exceed applicable water quality standards/criteria and the maximum predicted concentration was <50% of the allowable concentration: None Toxicity Testing Limitations Permit limits and monitoring requirements for Whole Effluent Toxicity (WET) have been established in accordance with Division guidance (per WET Memo, 8/2/1999). Per WET guidance, all NPDES permits issued to Major facilities or any facility discharging "complex" wastewater (contains anything other than domestic waste) will contain appropriate WET limits and monitoring requirements, with several exceptions. The State has received prior EPA approval to use an Alternative WET Test Procedure in NPDES permits, using single concentration screening tests, with multiple dilution follow-up upon a test failure. Describe proposed toxicity test requirement: The current permit requires quarterly chronic toxicity testing at 16% using Ceriodaphnia dubia. No changes are proposed. Mercury Statewide TMDL Evaluation There is a statewide TMDL for mercury approved by EPA in 2012. The TMDL target was to comply with EPA's mercury fish tissue criteria (0.3 mg/kg) for human health protection. The TMDL established a wasteload allocation for point sources of 37 kg/year (81 lb/year) and is applicable to municipals and industrial facilities with known mercury discharges. Given the small contribution of mercury from point sources (-2% of total load), the TMDL emphasizes mercury minimization plans (MMPs) for point source control. Municipal facilities > 2 MGD and discharging quantifiable levels of mercury (>1 ng/1) will receive an MMP requirement. Industrials are evaluated on a case -by -case basis, depending on if mercury is a pollutant of concern. Effluent limits may also be added if annual average effluent concentrations exceed the WQBEL value (based on the NC WQS of 12 ng/1) and/or if any individual value exceeds a TBEL value of 47 ng/1 Describe proposed permit actions based on mercury evaluation: The current permit does not include limits or monitoring requirements. Mercury is not expected to be present in effluent, no MMP or limit is required. No changes are proposed. Other TMDL/Nutrient Management Strategy Considerations If applicable, describe any other TMDLs/Nutrient Management Strategies and their implementation within this permit: The facility is currently required to monitor TN and TP monthly, no changes are proposed. Other WQBEL Considerations If applicable, describe any other parameters of concern evaluated for WQBELs: NA If applicable, describe any special actions (HQW or ORW) this receiving stream and classification shall comply with in order to protect the designated waterbody: NA If applicable, describe any compliance schedules proposed for this permit renewal in accordance with 15A NCAC 2H.0107(c)(2)(B), 40CFR 122.47, and EPA May 2007 Memo: NA If applicable, describe any water quality standards variances proposed in accordance with NCGS 143- 215.3(e) and 15A NCAC 2B. 0226 for this permit renewal: NA Page 6 of 10 7. Technology -Based Effluent Limitations (TBELs) Describe what this facility produces: Pharmaceuticals, sterile liquid in flexible bags. List the federal effluent limitations guideline (ELG) for this facility: 40 CFR 439 Subpart D, 40 CFR 463 Subpart A, 40 CFR 133 secondary treatment standards, and BPJ. If the ELG is based on production or flow, document how the average production/flow value was calculated: This ELG is based on the following flows: cooling water from the extruders, non -contact cooling water, boiler feed, process, and sanitary wastewater streams. The pollutant loading for each process are summarized below. The information was provided by the facility in 2004, since there have not been any significant changes in manufacturing, these data were used in the 2004, 2010, 2016, and this permit renewal. Source flow Extrusion Boiler feed Process Sanitary BOD5 (lb/day) COD (lb/day) TSS (lb/day) 106.2 174.2 97.1 0 0 84.1 1,900.9 3,088.8 28.9 666.7 1,092.9 229 For ELG limits, document the calculations used to develop TBEL limits: • BOD5, COD, and TSS are based on 40 CFR 439 Subpart D and secondary treatment standards for the sanitary wastewater component. • Oil and Grease limits for the cooling water from the extruders are based on 40 CFR 463 Subpart A, the sanitary wastewater limits are based on BPJ of 30 mg/L DM and 60 mg/L MA. Comparison of the recalculated limits using current flow data and current permit limits are summarized below for comparison. The calculated limits are less stringent than the current permit. Since the facility has no current plans for expansion no changes are proposed. Table. TBEL Development per 40 CFR 133, 40 CFR 439 Subpart D, 40 CFR 463 Subpart A Pollutant Daily Max Limit (lb /d) Current Limit (lb/d) Monthly Average Limit (lb/d) Current Limit (lb/d) BOD5 645.21 691.40 430.14 460.90 COD 1,766.79 1,939.20 1,177.86 1,292.80 TSS 1,123.48 417.00 748.99 278.00 O&G 95.86 95.40 47.93 47.70 If any limits are based on best professional judgement (BPJ), describe development: The allocation for Oil and Grease for the sanitary wastewater are based on BPJ of 30 mg/L DM and 60 mg/L MA. Document any TBELs that are more stringent than WQBELs: The TBELs limits for BOD, COD, Oil and Grease, and TSS are more stringent than the 1994 model conducted by the Division. Document any TBELs that are less stringent than previous permit: NA Page 7 of 10 8. Antidegradation Review (New/Expanding Discharge): The objective of an antidegradation review is to ensure that a new or increased pollutant loading will not degrade water quality. Permitting actions for new or expanding discharges require an antidegradation review in accordance with 15A NCAC 2B.0201. Each applicant for a new/expanding NPDES permit must document an effort to consider non -discharge alternatives per 15A NCAC 2H.0105(c)(2). In all cases, existing instream water uses and the level of water quality necessary to protect the existing use is maintained and protected. If applicable, describe the results of the antidegradation review, including the Engineering Alternatives Analysis (EAA) and any water quality modeling results: NA 9. Antibacksliding Review: Sections 402(o)(2) and 303(d)(4) of the CWA and federal regulations at 40 CFR 122.44(1) prohibit backsliding of effluent limitations in NPDES permits. These provisions require effluent limitations in a reissued permit to be as stringent as those in the previous permit, with some exceptions where limitations may be relaxed (e.g., based on new information, increases in production may warrant less stringent TBEL limits, or WQBELs may be less stringent based on updated RPA or dilution). Are any effluent limitations less stringent than previous permit (YES/NO): NO If YES, confirm that antibacksliding provisions are not violated: NA 10. Monitoring Requirements Monitoring frequencies for NPDES permitting are established in accordance with the following regulations and guidance: 1) State Regulation for Surface Water Monitoring, 15A NCAC 2B.0500; 2) NPDES Guidance, Monitoring Frequency for Toxic Substances (7/15/2010 Memo); 3) NPDES Guidance, Reduced Monitoring Frequencies for Facilities with Superior Compliance (10/22/2012 Memo); 4) Best Professional Judgement (BPJ). Per US EPA (Interim Guidance, 1996), monitoring requirements are not considered effluent limitations under Section 402(o) of the Clean Water Act, and therefore anti -backsliding prohibitions would not be triggered by reductions in monitoring frequencies. 11. Electronic Reporting Requirements The US EPA NPDES Electronic Reporting Rule was finalized on December 21, 2015. Effective December 21, 2016, NPDES regulated facilities are required to submit Discharge Monitoring Reports (DMRs) electronically. While NPDES regulated facilities would initially be required to submit additional NPDES reports electronically effective December 21, 2020, EPA extended this deadline from December 21, 2020, to December 21, 2025. The current compliance date, effective January 4, 2021, was extended as a final regulation change published in the November 2, 2020 Federal Register This permit contains the requirements for electronic reporting, consistent with Federal requirements. Page 8 of 10 12.Summary of Proposed Permitting Actions: A. Table. Current Permit Conditions and Proposed Changes 1.2 MGD Parameter Current Permit Proposed Change Basis for Condition/Change Flow MA 1.2 MGD No change 15A NCAC 2B .0505 BOD5, 20°C MA 460.9 lbs/day DM 691.4 lbs/day No change TBEL. 40 CFR 439 Subpart D /Secondary treatment standards/40 CFR 133/15A NCAC 2B .0406 COD MA 1,292.8 lbs/day DM 1,939.2 lbs/day No change TBEL. 40 CFR 439 Subpart D /Secondary treatment standards/40 CFR 133/15A NCAC 2B .0406 Total Suspended Solids MA 278.01bs/day DM 417.01bs/day No change TBEL. 40 CFR 439 Subpart D /Secondary treatment standards/40 CFR 133/15A NCAC 2B .0406 NH3-N summer, mg/L Monitor 2/month MA 5.3 mg/L DM 26.4 mg/L WQBEL. Based on protection of aquatic life. 15A NCAC 2B.0200 NH3-N winter, mg/L Monitor 2/month MA 14.7 mg/L WQBEL. Based on protection of aquatic life. 15A NCAC 2B.0200 Fecal Coliform MA 200 /100m1 DM 400 /100m1 No change WQBEL. State WQ standard, 15A NCAC 2B .0200 Total Residual Chlorine' 28 µg/L No change WQBEL. State WQ standard, 15A NCAC 2B .0200 Turbidity, NTU None DM 10 NTUs WQBEL. State WQ standard, 15A NCAC 2B .0211(21) Temperature, °C Monitor 3/week No change WQBEL. State WQ standard, 15A NCAC 2B .0200 and 15A NCAC 02B .0500 Conductivity, µS/cm Monitor 3/week No change WQBEL. State WQ standard, 15A NCAC 2B .0200 and 15A NCAC 02B .0500 Dissolved Oxygen, mg/L Monitor 3/week No change WQBEL. State WQ standard, 15A NCAC 2B .0200 and 15A NCAC 02B .0500 pH >6.0 and < 9.0 SU No change WQBEL. State WQ standard, 15A NCAC 2B .0200 and 15A NCAC 02B .0500 Oil & Grease MA 47.7 lbs/day DM 95.4 lbs/day Monitor weekly MA 47.7 lbs/day DM 95.4 lbs/day Monitor 2/month TBEL. 40 CFR 463/BPJ/40 CFR 133 /15A NCAC 2B .0406 Total Nitrogen (NO2 + NO3 + TKN), mg/L Monitor 1/month No change WQBEL. State WQ standard, 15A NCAC 2B .0200 and 15A NCAC 02B .0500 Total Phosphorus, mg/L Monitor 1/month No change WQBEL. State WQ standard, 15A NCAC 2B .0200 and 15A NCAC 02B .0500 Chronic Toxicity Monitor 1/quarter No change WQBEL. No toxics in toxic amounts. 15A NCAC 2B.0200 and 15A NCAC 2B.0500 Total hardness as CaCO3, mg/L None Monitor 1/quarter Hardness -dependent dissolved metals WQ standard, 2016 MGD - Million gallons per day, MA - Monthly Average, WA - Weekly Average, DM - Daily Max Page 9 of 10 13. Public Notice Schedule: Permit to Public Notice: 01/27/2021 Per 15A NCAC 2H .0109 & .0111, The Division will receive comments for a period of 30 days following the publication date of the public notice. Any request for a public hearing shall be submitted to the Director within the 30 days comment period indicating the interest of the party filing such request and the reasons why a hearing is warranted. 14. NPDES Division Contact If you have any questions regarding any of the above information or on the attached permit, please contact Julia Byrd at (919) 707-3707 or via email at Julia.byrd@ncdenr.gov. 15. Fact Sheet Addendum (if applicable): Were there any changes made since the Draft Permit was public noticed (Yes/No): Yes If Yes, list changes and their basis below: 1. Supplement to Permit Cover Sheet, item 2 was revised to remove authorization to discharge at the location designated "Old Outfall" (35°50' 15" N, 82°00'00" W) which was permanently closed. See attached correspondences. 2. pH monitoring requirement revised from daily to three times per week. 15A NCAC 02B .0508 for class III facilities with SIC codes 2800-2899. 3. Effluent turbidity monitoring three times per week was added per 15A NCAC 02B .0211(21) 4. Footnote 8 added to instream Temperature (A.1), the facility shall not exceed the instream water temperature of 20°C and not exceed 0.5°C above the background temperature. 5. Correction made to TN and TP monitoring requirement, changed from quarterly to monthly. 16. Fact Sheet Attachments (if applicable): • Monitor Violations Summary • WET Testing and Self -Monitoring Summary • Compliance Inspection Report December 2021 • NPDES Implementation of Instream Dissolved Metals Standards — Freshwater Standards • NH3/TRC WLA Calculations • TBELs limits calculations • Correspondences: Old Outfall closure • Affidavit of draft permit for public notice • Public comments to draft permit and DWR responses: Baxter Health Corporation, Catawba Riverkeeper Foundation, Lake James Environmental Association Page 10 of 10 Subject Project Name Date Prepared for Prepared by Supporting Data for Major Modification Request Based on EPA's 1996 Guidance Baxter Healthcare Corp. VWVTP NPDES Permit Assistance NC0006564 June 15, 2022 •klA 0 44. Baxter Healthcare Corporation {• Jacobs Engineering Group Inc. Michelle Mayes, PE Jennifer Bell, PE Jaime Robinson Executive Summary Baxter Healthcare Corporation's 2017 installation of a Grade III Biological WPCS with activated sludge bioreactors, membrane bioreactors (MBR), and ultraviolet (UV) disinfection at the North Cove Facility's (Facility) and its operational diligence have resulted in outstanding effluent quality since that new system became operational. Since that time, Baxter Healthcare has not monitored an exceedance of an effluent limitation at the Facility. The facility is committed to continued operations in an environmentally responsible manner as part of its Environmental Management System (EMS). The North Carolina Department of Environmental Quality (NCDEQ) conducted a facility inspection on December 28, 2021 and found the facility to be well maintained and operated (NCDEQ, 2021). With advanced treatment technologies in place and given the Environmental Protection Agency's (EPA) 1996 Interim Guidance for Performance — Based Reductions of NPDES Permit Monitoring Frequencies (the 1996 Guidance), Baxter believes the North Cove Facility is a prime candidate for permit modification to reduce monitoring frequency for certain parameters. Baxter Healthcare is seeking a major modification to the North Cove facility's NPDES Permit #0006564 that adheres to statutes, provides clear guidance for compliance, and focuses resources on the most impactful discharge attributes to best protect water quality and the natural environment. Table ES-1 outlines these requests. Data demonstrating the exceptional performance of the facility for the 4.5 years of data included in the major permit modification request is included in Table ES-2. Table ES-1. Summary of Requested Major Permit Modifications for NPDES Permit NC0006564 Parameter Permit Modification Ammonia (NH3-N) Remove numeric limit for Winter Daily Max (>35 mg/L) to be consistent with the Permit Fact Sheet Reduce monitoring frequency to quarterly in accordance with the 1996 Guidance Biochemical Oxygen Reduce monitoring frequency to weekly in accordance with the 1996 Demand (BOD5) Guidance Chemical Oxygen Reduce monitoring frequency to weekly in accordance with the 1996 Demand (COD) Guidance Fecal Coliform Reduce monitoring frequency to weekly in accordance with the 1996 Guidance Total Suspended Reduce monitoring frequency to weekly in accordance with the 1996 Solids (TSS) Guidance Turbidity Perform weekly effluent sampling for 12 months, then consider removal Table ES-2. Summary Statistics for Select Permit Parameters NCR Statistics Parameter From DMR Data (January 2018 to April 2022) Ammonia Average: 0.14 mg/L Upstream: 0.22 mg/L1 BDLNH32: 83% (86 samples) BOD5 BDLBOD5: 82% (556 samples) COD BDLcoD: 55% (369 samples) Fecal Coliform BDLFECAL': 100% (679 samples) TSS BDLrss3: 94% (637 samples) Turbidity Average: 0.1 NTU4, 5 Maximum: 0.4 NTU4 From NPDES Permit Fact Sheet 2 BDL — Below Detection Limit 3 Using updated Detection Limit value of 2.5 mg/L 4 Using 2021 daily turbidity data from downstream of Membrane Bioreactor (MBR) 5 NTU — Nephelometric Turbidity Units 1. Introduction Baxter Healthcare Corporation's North Cove Facility has operated in McDowell County for over 50 years and employs over 3,000 North Carolinians. This facility is the top provider of intravenous (IV) solutions in the U.S and operates as a Standard Industrial Classification (SIC) Code 2834, Class III facility. Baxter Healthcare is proud of the facility's ISO 14001 certification and actively maintains an environmental management system (EMS). 1.1 About the Facility The North Cove Facility holds National Pollutant Discharge Elimination System (NPDES) Permit NC0006564 and discharges to the North Fork Catawba River, a Class B Trout water in the Catawba River watershed. The permitted flow is 1.2 million gallons per day (MGD) and the instream waste concentration (IWC) in the North Fork Catawba River is 16 percent when the river is flowing at its 7-day,10-year low flow (7Q10) of 10.2 cubic feet per second (cfs). NCDEQ conducted a facility inspection on December 28, 2021 and found the facility to be well maintained and operated (NCDEQ, 2021). The facility treats a 50/50 mix of domestic and industrial wastewater comprised of sanitary wastewater, non -contact cooling water, boiler feed water and process water. The facility then discharges treated effluent through outfall 001. This outfall is located adjacent to the facility as indicated on the topographical map provided in Attachment A of the permit modification application. In addition to monitoring the facility effluent at outfall 001, upstream and downstream monitoring points in the North Fork Catawba River are included in the NPDES permit. Baxter Healthcare made an investment of $24M in state-of-the-art treatment facility upgrades completed in 2017 following the completion of an engineering alternatives analysis and detailed design process (Arcadis, 2015). New treatment systems included two equalization basins, screening, pH neutralization, activated sludge bioreactors, membrane bioreactors (MBR), and ultraviolet (UV) disinfection. Compared to conventional secondary treatment, which relies on bioreactors for nutrient removal and secondary clarifiers for solids separation, the MBR system allows for higher mixed liquor suspended solids (MLSS) concentrations and provides improved solids liquids separation. Typical MBR MLSS operating ranges are 1.5 to 2 times higher than conventional secondary treatment systems, resulting in greater nutrient removal (nitrogen, phosphorus, and carbon). Additionally, the membranes act as a barrier to solids, only allowing water and compounds in solution to pass through, resulting in lower total suspended solids (TSS) loading in the effluent. These investments have resulted in over 85 percent of effluent data reported on Discharge Monitoring Reports (DMRs) to NCDEQ being reported as below the detection limit (BDL). Baxter Healthcare provided the DMRs to Jacobs for the purposes of this evaluation. Table 1-1 summarizes the facility's outstanding effluent quality for select parameters. Table 1-1. Summary of WWTP Effluent Limits and Quality (January 2018 through April 2022) Parameter Permit Limit' Detection Limit & Method Historical Trend Biochemical Oxygen 460.9 pounds/day Demand (BOD5) 2.0 mg/L SM5210 B-2016 82% of samples BDL Chemical Oxygen Demand 1,292.8 pounds/day (COD) 5.0 mg/L Hach Method 8000 (aqueous) 55% of samples BDL Ammonia (NH3-N) 5.3 mg/L (summer) 14.7 mg/L (winter) 0.1 mg/L SM4500 NH3D 83% of samples BDL Total Suspended Solids 278.0 pounds/day (TSS) 2.5 mg/L SM2540 D-2015 94% of samples BDL Fecal Coliform 200 colonies/100 20 colonies/100mL 100% of samples BDL mL SM9222 D-2015 1 Monthly Average Effluent limits from 2022 NPDES permit NC0006564 BDL — Below Detection Limit 1.2 Applicability of 1996 EPA Guidance for Exceptionally Performing Facilities Monitoring frequencies are established in 15A NCAC 2B .0508 for discharges from facilities including the Baxter Healthcare North Cove Facility with specific Standard Industrial Classification (SIC) categories. However, both 15A NCAC 02B.0508(b)(1) and the 1996 EPA Guidance allow for a reduction in or waiver of monitoring frequencies if it can be demonstrated that the objectives of the standard monitoring frequencies can be achieved with less frequent sampling intervals (EPA, 1996). The goal of these programs is to incentivize strong performance and to reduce unnecessary reporting for pollutants discharged consistently at levels below permit requirements. The 1996 EPA Guidance provides an applicable approach for setting monitoring frequencies for industrial dischargers such as Baxter Healthcare. Considerations applicable to the North Cove Facility include facility enforcement history, parameter compliance history, performance history compared to the permit limit, and continued eligibility for reductions. Table 1-2 summarizes these considerations and applicable facility information. Table 1-2. Applicability of 1996 Guidance for NPDES Permit NC0006564 Consideration North Cove Facility Performance Enforcement history 100% compliance for all effluent parameters since the Facility's new wastewater treatment system became operational in 2017. Parameter compliance history 100% compliance for all parameters in 2016 permit since the new wastewater treatment system became operational. No effluent violations in last year. Performance history compared 85% of data below detection limits (see Table 1-1). to permit limits Continued eligibility for reductions Baxter Healthcare understands that continued exceptional performance is expected for reduced monitoring frequencies to remain in effect in future permits. Baxter Healthcare is seeking to reduce the frequency of monitoring under the 1996 Guidance for the pollutants listed in Table 1-3 by demonstrating the superior compliance performance of its facility over the last permit cycle. These requests for reduced monitoring frequency require a major modification to NPDES Permit NC0006564. Table 1-3. Summary of Requested Major Permit Modifications for NPDES Permit NC0006564 Parameter Permit Modification Ammonia Remove numeric limit for Winter Daily Max (>35 mg/L) to agree with Permit Fact Sheet Reduce monitoring frequency to quarterly in accordance with the 1996 Guidance BOD5 Reduce monitoring frequency to weekly in accordance with the 1996 Guidance COD Reduce monitoring frequency to weekly in accordance with the 1996 Guidance Fecal Coliform Reduce monitoring frequency to weekly in accordance with the 1996 Guidance TSS Reduce monitoring frequency to weekly in accordance with the 1996 Guidance Turbidity Perform 1 x/week effluent sampling for 12 months, then consider removal The 1996 Guidance uses the ratio of the long term effluent average to the monthly average limit as the basis for a reduction in monitoring frequency (Figure 1-1, EPA, 1996). The following sections present supporting data to reduce monitoring frequencies using this ratio. Table 1 Ratio of Long Term Effluent Average to 14Ionthly Average Limit Baseline Monitoring 75-66% 65-50% 49-25% <25% 7/wk 5./wk 4/wk 3/wk 1/wk 6/wk 4/ wk 31wk 2/wk 1/z�-k 5 /wk 4/wk 31wk 2/wk 1/t�-k 4/wk 3 'wk 2lwk 1 /wk 1/wk 3/wk 3 / vk 2/wk 1 /wk 1it1-k 2/wk 2/wk 1/wk 2/iuo limo 1/wk 1/wk 1/wk 2/mo 1/2mos 2/month 2/mo 2'mo 2/mo 1 /quarter 1/iuonth 1.mo 1/mo 1/quarter 1/6mos Figure 1-1. Table 1 from EPA 1996 Guidance 2. Frequency Reduction 3 Times per Week to Weekly Baxter Healthcare is requesting that monitoring frequencies be reduced for BOD5, COD, TSS, and fecal coliform from 3 times per week to weekly given the ratio of the long term effluent average to monthly average limit listed in Table 2-1. Each ratio is below 25%. For ratios below 25%, the 1996 Guidance allows for a reduction in sampling frequency to weekly, as shown in Figure 1-1. Table 2-1. Long Term Effluent Average to Permit Limit Ratio for BOD5, COD, and Fecal Coliform Long Term Effluent Average' Monthly Average Ratio Below <25%? 2022 Permit Limit Parameter BOD5 < 20.4 pounds/day 460.9 pounds/day < 4.4% Yes COD < 38.8 pounds/day 1,292.8 pounds/day < 3.0% Yes Fecal coliform < 1 colony/100 mL 200 colonies/100 mL < 0.5% Yes TSS < 10.4 pounds/day 278.0 pounds/day < 3.7 cyo Yes 1 Data for period January 2018 through April 2022 2.1 Biochemical Oxygen Demand (BOD5) The BOD5 limit is a technology -based effluent limit (TBEL) applicable under 40 CFR 439 Subpart D and secondary treatment standards for sanitary wastewater, which comprises half of the facility's waste stream. The Permit Fact Sheet calculations were less stringent than the 2016 permit and no changes were included in the 2022 permit (NCDEQ, 2021). The 2022 NPDES permit limits are listed in Table 2-1. With a long term effluent average to monthly permit limit ratio of less than 4.4%, data support a reduction in monitoring frequency from 3 times per week to weekly under the 1996 Guidance (Figure 1-1). Effluent BOD5 values were taken from the facility's daily monitoring report (DMR) forms and provided as a loading rate (pounds per day). The reported value was then converted to a concentration (mg/L) to compare effluent quality to the detection limit. Supporting data statistics are included in Table 2-2. Of the 679 samples taken from January 2018 through April 2022, 82% returned data below detection limit. Maximum day effluent BOD5 load for the reporting period is 124.7 pounds/day. BOD5 trends presented in Figure 2-1 show the system typically operates below the detection limit of 2.0 mg/L. Table 2-2. Effluent BOD5 Data (January 2018 through April 2022) BOD5 Permit Limit Effluent Values Monthly Average 460.9 pounds/day 38.7 pounds/day 4.3 mg/L Daily Maximum 691.4 pounds/day 124.7 pounds/day 17.0 mg/L 18.0 16.0 14.0 J E 12.0 C 0 f0 10.0 m 8.0 0 co 6.0 w 4.0 2.0 • • • • • • • • • • O ••• • • • • $ • $ �• • •• i• • •• ••• ••••A•• • • ••OA •r• C • P • • • •• • • • •••fa •♦♦♦ •♦•♦� t • •• •♦••♦♦♦ ♦• • •• ••• • • • • • •• • • • • • • BCD - Daily (mg/L) ♦ BOD - Monthly Avg (mg/L) • • • • 0 ♦ 0.0 12/2017 7/2018 1/2019 8/2019 2/2020 9/2020 4/2021 10/2021 5/2022 DATE Figure 2-1. North Cove Facility Effluent BOD5 trends 2.2 Chemical Oxygen Demand (COD) The COD limit is based on 40 CFR 439 Subpart D and secondary treatment standards for sanitary wastewater, which comprises 50% of the waste stream. The Permit Fact Sheet calculations were less stringent than the 2016 permit and no changes were included in the 2022 permit (NCDEQ, 2021). COD is closely related to BOD, with the amount of organic matter that can be chemically oxidized always higher than that which can be biologically oxidized. Effluent COD values were provided as a loading rate (pounds per day) in facility DMRs. The reported values were converted to a concentration (mg/L) to compare effluent quality to the detection limit. Of the 679 samples taken from January 2018 through April 2022, 55% were below the detection limit of 5 mg/L. Maximum day effluent COD for the reporting period is 154.7 pounds/day, or 8% of the permitted daily maximum limit (Table 2-3). Table 2-3. Effluent COD Data (January 2018 through April 2022) COD Permit Limit Effluent Values Monthly Average 1,292.8 pounds/day 46.6 pounds/day 5.8 mg/L Daily Maximum 1,939.2 pounds/day 154.7 pounds/day 15.0 mg/L COD trends presented in Figure 2-2 indicate the system typically operates at a COD below 10.0 mg/L and 55% of samples are below the detection limit of 5 mg/L. With this history of strong performance of the facility, the North Cove Facility meets the 1996 Guidance for reduction from 3 times per week to weekly. 16.00 14.00 J 12.00 ao E 0 10.00 a, 8.00 0 U L) 6.00 c a, 4.00 2.00 • • • • • f • COD - Daily (mg/L) ♦ COD - Monthly Avg (mg/L) •_ • • • • • • • .• • ••• :• �• �r • plo• •••• •� !tx •404•• • �• s1—t• • — gok Figure 2-2. North Cove Facility Effluent COD trends 2.3 Fecal Coliform The facility's NPDES permit limit for fecal coliform is a water quality -based effluent limit (WQBEL) and listed in Table 2-4. Of the 679 samples taken over the 4.5-year period, all samples returned below the detection limit. With this history of strong performance of the facility and its UV system, the North Cove Facility meets the 1996 Guidance for reduction from 3 times per week to weekly. Table 2-4. Effluent Fecal Coliform Data (January 2018 through April 2022) Fecal Coliform Permit Limit Effluent Values Monthly Average 200 colonies/100 mL < 1 colonies/100 mL (BDL) Daily Maximum 400 colonies/100 mL < 1 colonies/100 mL (BDL) 2.4 Total Suspended Solids (TSS) Supporting TSS data are included to demonstrate that Baxter Healthcare expects effluent turbidity to be very low. Baxter Healthcare analyzes samples for TSS in their effluent prior to discharge through outfall 001. TSS data was reported in DMRs as pounds per day and has been converted to a concentration (mg/L) for comparison to the detection limit. Of the 679 samples taken from January 2018 through April 2022, 94% were below the detection limit for TSS. Maximum day effluent TSS for the reporting period is 68.8 pounds/day, or 16% of the permitted daily maximum limit (Table 2-5). Table 2-5. Effluent TSS Data (January 2018 through April 2022) TSS Permit Limit Effluent Values Monthly Average 278.0 pounds/day 21.7 pounds/day 2.8 mg/L Daily Maximum 417.0 pounds/day 68.8 pounds/day 6.8 mg/L TSS trends presented in Figure 2-3 indicate the system typically operates below the detection limit of 2.5 mg/L. 7.00 6.00 J to on E 5.00 0 0 c u 4.00 0 0 U V) H E ▪ 3.00 w 2.00 • ♦ • ♦ ♦ ♦ • ♦ ♦♦•• • • • • ♦ ♦ •-♦ A_ ♦• ♦ ♦ • ♦ • • • ♦ �! •i..•_ •TSS - Daily (mg/L) • TSS - Monthly Avg (mg/L) • • • • ♦ • • • ♦ • • • ♦• AAA ♦ - ♦ • AAA • 1.00 12/2017 7/2018 1/2019 8/2019 2/2020 9/2020 4/2021 10/2021 5/2022 DATE Figure 2-3. North Cove Facility Effluent TSS trends 3. Ammonia Monitoring Frequency Reduction from Weekly to Quarterly Baxter Healthcare is requesting that monitoring frequencies be reduced for ammonia from weekly to quarterly given the ratio of the long term effluent average concentration to monthly average permit limit listed in Table 3-1. The long term effluent average ratio is below 25% of both summer and winter monthly average permit limits. Table 3-1. Long Term Effluent Average to Permit Limit Ratio for Ammonia Long Term Effluent Monthly Average 2022 Ratio Below <25%? Parameter Average' Permit Limit Ammonia 0.2 mg/L 5.3 mg/L (summer) 2.6% Yes 14.7 mg/L (winter) 0.1% Yes Data for period January 2018 through April 2022 The 2016 permit included ammonia as monitor and report only (2 times per month). The 2022 permit included the addition of ammonia limits along with a weekly monitoring frequency. The 2022 Permit Fact Sheet lists the ammonia limit as being a Water Quality Based Effluent Limit (WQBEL), based on an ammonia chronic criterion of 1.0 mg/L (summer) and 1.8 mg/L (winter). Permit limits to prevent acute toxicity to aquatic life were derived from the chronic aquatic life criteria with a multiplication factor of 5 for non -municipal discharges such as the North Cove Facility. Waste load allocation calculations were performed by NCDEQ, resulting in the addition of limits to the 2022 permit. Table 3-2 presents the ammonia effluent permit limits as included in the Permit Fact Sheet (NCDEQ, 2021). Table 3-2. Ammonia Effluent Limits presented in Fact Sheet issued on December 21, 2021 Monthly Average Daily Maximum Summer 5.3 mg/L 26.4 mg/L Winter 14.7 mg/L No Limit Winter Daily Maximum Limit Baxter Healthcare requests that the 2022 NPDES permit's ammonia numeric daily maximum limit (winter) of 35.0 mg/L be removed in accordance with the Permit Fact Sheet and NCDEQ policy so that the inconsistency is corrected. The calculated winter daily maximum value was calculated as 73.5 mg/L and as this value is greater than 35.0 mg/L. No winter daily maximum limit is necessary as listed in the Summary of Proposed Permitting Actions in the Permit Fact Sheet (NCDEQ, 2021). Monitoring Frequency The 2022 permit requires an ammonia monitoring frequency of weekly. Baxter Healthcare questions why this change in frequency was made given the low levels of ammonia in the effluent. Table 3-3 summarizes the effluent monitoring data for ammonia. Of the 104 samples taken from January 2018 through April 2022, 83% were below the detection limit of 0.1 mg/L (Figure 3-1). The maximum day effluent ammonia concentration for the reporting period is 3.9 mg/L. The long term effluent average concentration to monthly average limit for the summer monitoring period is 2.6%, and being the greater of the summer and winter ratios, Baxter Healthcare is requesting that the monitoring frequency be reduced to quarterly sampling. Table 3-3. Effluent Ammonia Data (January 2018 through April 2022) Ammonia Summer Limit Winter Limit Effluent Values Monthly Average 5.3 mg/L 14.7 mg/L 0.2 mg/L (Summer) 2.0 mg/L (Winter) Daily Maximum 26.4 mg/L 35.0 mg/L 0.2 mg/L (Summer) 3.9 mg/L (Winter) 4 3.5 J ao 3 E c 0 2.5 L c a V O • 2 U E 1.5 • 1 w 0.5 0 • • • ♦ • • Ammonia - Daily (mg/L) ♦ Ammonia - Monthly Avg (mg/L) • ♦ •• iir_�;4••ILA mama 1111•11 •1 •`11.11r•1a ea Y•r1♦isw•1�• se •♦ 12/2017 7/2018 1/2019 8/2019 2/2020 9/2020 4/2021 10/2021 5/2022 DATE Figure 3-1. North Cove Facility Effluent Ammonia Trends 4. Removal of Interdependent Parameters 4.1 Turbidity Turbidity monitoring was added to the NPDES permit per 15A NCAC 02B .0211(21) at a frequency of 3 times per week. The North Cove Facility does not have a reasonable potential to cause an exceedance of the water quality standard for turbidity in trout waters. Turbidity monitoring data from the MBR system (just upstream of the UV system and final discharge point) and effluent TSS data, which is directly related to turbidity, both show the treatment system effectively removes solids. This MBR system was part of the investment in upgrades in 2017. In 2021, the maximum turbidity measurement from these monitors was 0.41 NTU. With only the UV system in the treatment process between the MBR system and the discharge location, it is unlikely that turbidity would increase to levels approaching the water quality standard for trout waters. TSS data presented in Section 2.4 also support the conclusion that there is not a reasonable potential to cause an exceedance of the water quality standard for turbidity. Baxter Healthcare is proposing the removal of the current turbidity monitoring requirement and inclusion of a requirement similar to that taken by NCDEQ for other facilities: weekly sampling for a duration of 12 months and, after that monitoring is completed, a review of that data by NCDEQ. If these data demonstrate that effluent turbidity is very low and not contributing to instream turbidity, then NCDEQ will remove this monitoring requirement from the permit entirely. 5. Summary of Requested Modifications Table 5-1 summarizes the requested monitoring frequency revisions included in the 2022 NPDES permit major modification request. Table 5-1. Requested Monitoring Frequency Revisions Parameter 2022 Permit Monitoring Modified Permit Monitoring Frequency Frequency BOD5 3/week Weekly COD 3/week Weekly Fecal coliform 3/week Weekly TSS 3/week Weekly Ammonia Summer: weekly Quarterly Winter: weekly Quarterly Turbidity Weekly for 12 months, then 3/week removal if supported by data 6. References Arcadis. 2015. Marion Wastewater Treatment Plant Upgrade Engineering Alternatives Analysis. Prepared for Baxter Healthcare Corporation. Dated October 2015. North Carolina Department of Environmental Quality (NCDEQ). 2022. NPDES Permit No. NC0006564. North Carolina Department of Environmental Quality (NCDEQ). 2021. Fact Sheet, NPDES Permit No. NC0006564. U.S. Environmental Protection Agency (EPA). 1996. Interim Guidance for Performance — Based Reductions of NPDES Permit Monitoring Frequencies. Prepared by the Office of Water and Office of Enforcement and Compliance Assurance. Dated April 19, 1996. ATTACHMENT 1 Baxter North Cove NPDES Permit Proposed Changes for Temperature -Related Schedule of Compliance A. Revise Footnote 8 to the Table in Section I.A.1 of the Permit to read as follows: "See Section XXXX for compliance schedule." B. Section XXXX Schedule of Compliance 1. Within 6 months from the effective date of the permit the Permittee shall submit to the Division of Water Resources a Corrective Action Plan summarizing the actions or strategy to be taken to achieve compliance with the instream temperature water quality standard for trout waters. Specific dates for completion or implementation of each action shall be included. 2. Within two years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 3. Within three years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 4. Within four years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 5. Achieve compliance with the instream temperature water quality standard for trout waters within five years of the permit effective date. Upon approval of the Corrective Action Plan by the Division, the report and actions become an enforceable part of this permit. Any modifications to the schedule shall be requested to the Division at least ninety (90) days before the deadline. Modifications to the schedule in excess of four months will be subject to public notice. At any point prior to the final compliance deadline of April , 2027, the Permittee may terminate this Compliance Schedule by providing written notice to the Division of Water Resources that the permitted facility has achieved compliance with the instream temperature water quality standard for trout waters Permittee will not be required to submit any progress report or milestone deliverables due after the date of termination. The Corrective Action Plan and reports shall include the owner's name, NPDES permit number and Permittee contact person, and shall be submitted to: (1) NCDEQ /Division of Water Resources (2) NCDEQ / Division of Water Resources NPDES Compliance and Expedited Permitting Asheville Regional Office 1617 Mail Service Center 2090 U.S. 70 Highway Raleigh, NC 27699-1617 Swannanoa, NC 28778 ATTACHMENT 1 Description of Actions Contemplated in Development and Implementation of Corrective Action Plan1- • September 2022 to October 2024 — Sampling, Characterization and modeling of the receiving stream • January 2023 — Corrective Action Plan submission • January 2023 to March 2023 — DEQ Comment period (if desired by DEQ) • April 2023 to May 2023 — Baxter Response and Resolution of DEQ Comments (if desired by DEQ) • June 2023 to July 2024 — Alternatives Evaluation and Schematic Design • April 2024 — Annual report due • November 2024 — DEQ Comment Period (if desired by DEQ) • December 2024 to February 2025 — Baxter Response and Resolution of DEQ Comments (if desired by DEQ) • April 2025 — Annual report due • February 2025 to October 2025 — Engineering and Final Design • October 2025 to June 2026 — Permitting Procurement & EQ Lead Time • April 2026 — Annual report due • June 2026 to February 2027 — Installation and startup • October 2026 — NPDES Permit Renewal Application due • April 2027 — Compliance deadline, final report due, new permit limits effective 1 Note that actual start dates for the compliance schedule will depend on the date of final permit reissuance. These dates are based on the April 2022 issuance date for the new permit and are intended to be illustrative.