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HomeMy WebLinkAboutNC0076775_Owner (Name Change)_20170222NPDES DOCIMENT !MANNINO COVER SHEET NPDES Permit: NC0076775 Falls Powerhouse Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Owner Name Change .......'`!l.l!wR�:..v'u>PM,R:.�...M.cyrr'R.K'*T.—ir..'r ..ys./Rq..._.... •_ , .. Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: February 22, 2017 This document is printed on reuse paper - ignore any content on the reYerse side ROY COOPER Water Resources ENVIRONMENTAL QUALITY Goi'entor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director February 22, 2017 Mr. Eli Hopson Cube Yadkin Generation LLC c/o Cube Hydro Partners, LLC 2 Bethesda Metro Center, Suite 1330 Bethesda, MD 20814 Subject: Minor modification of NPDES Permit NC0076775 Falls Powerhouse Stanly County Dear Mr. Hopson: The Division has received and approved your request to transfer ownership of the subject permit. As a result, the Division hereby reissues NC0076775. 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). Insert the attached page into your permit and discard the old page. This modified permit includes the following changes from your current permit: ➢ Change of ownership from Alcoa Power Generating, Inc. to Yadkin Cube Generation, LLC. ➢ Section A.(6) has been updated to require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). If any parts, measurement frequencies or sampling requirements contained in this modification 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. 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 any other Federal, State, or Local governmental regulation. If you have any questions concerning this matter, please contact Brianna Young at (919) 807- 6388 or via e-mail [brianna.young@ncdenr.govj. cc: Central Files Mooresville Regional Office NPDES file rely, S. Jay Zimmerman, Dire Division of Water Resources State of North Carolina l Environmental Quality I Water Resources 1617 Mail Service Center l Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX hops://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits Permit NC0076775 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, Cube Yadkin Generation LLC is hereby authorized to discharge wastewater from a facility located at the Falls Powerhouse 49156 Falls Road Badin Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee 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 February 1, 2017. This permit and authorization to discharge shall expire at midnight on January 31, 2019 Signed this day February 22, 2017. die SiiZimmerman, P.G. erector, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 Permit NC0076775 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. Cube Yadkin Generation LLC is hereby authorized to: 1. Continue to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005 and water from a sump drain (Outfall 007) located at the Falls Powerhouse [49156 Falls Road, Badin] in Stanly County. 2. Stormwater Discharge System — The facility is permitted to periodically discharge stormwater from secondary containment for transformers through a stormwater conveyance system, via outfall 008 located at the Falls Powerhouse. 3. Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified as class WS-IV & B in the Yadkin -Pee Dee River Basin. Page 2 of 8 Permit NC0076775 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [001 / 002 / 003 / 004 / 005] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored' by the Permittee as specified below': PARAMETER DISCHARGE LIMITATIONS Monitoring Effluent Measurement Frequency Requirements Sample Type Sample Location* Monthly Average Daily Maximum Flow (MGD) 50050 Annual Estimate Effluent Temperature1 00010 Annual Grab Effluent pH2 00400 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2. The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. 3. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system. See Special Condition A. (6.). Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (2.) BIOCIDE CONDITION [G.S. 143-215, 143-215.1] There shall be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. Page 3 of 8 Permit NC0076775 The permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWR / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [007] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge sump water from outfall 007 [Sump Drain] . Such discharges shall be limited and monitored' by the Permittee as specified below: 7' �.� a k.•�r,'M r�'� *R • , t L.Z Y S r .:.y'_:d..i��..rv......•.1.+sY-2.. •• '; 3- ;��v vim- '�,� �j� '(;" �t'o f1Tr..u. NV� F' '- rs r , .. _.,� . G '.& iR=r3 i'3 .;;s •„_. �i' — `: i1�_� - -:. '°,., its Sr i . �' t i,, .G v '` i •• _� %S � 7; "F FS:LiN ,H�•wrT, 6 u tail '.•'' . ' _=' L•1, ,? E Xy _- .rr" n .�•.b r{0Y-& . O 5r`. t'J Flow 00500 Annual Estimate Effluent Oil and 00556 Grease 15.0 mg/L 20.0 mg/L Annual Grab Effluent pH2 00400 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1. The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. 3. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (6). Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre - approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Page 4 of 8 Permit NC0076775 Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1008] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from outfall 008. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER DISCHARGE LIMITATIONS Monitoring Requirements Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location BMP' NOTES: 1. SEE A. (5.). There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (5.) BEST MANAGEMENT PRACTICES (BMP) FOR PERIODIC STORMWATER DISCHARGE [NCGS 143-215.66] The permittee is authorized by the Division to use Best Management Practices for the stormwater discharge from the secondary containment around the transformers under the following conditions: • Sumps shall be designed with underflow weirs/devices to prevent discharge of oily stormwater. • Weekly inspections of the transformers shall be performed to detect leaks/drips of oil. • Routine preventive maintenance procedures shall be conducted to address any leaks/drips of oil. • Inspection of the sump for the presence of oil as indicated by a visible sheen shall be conducted prior to the discharge. • Logs of time, date, and volume of stormwater discharge per discharge event shall be maintained. Page 5 of 8 Permit NC0076775 • All stormwater discharge events shall be reported along with the annual Discharge Monitoring Report (DMR). A. (6.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits) : • Section B. (11) • Section D. (2) • Section D. (6) • Section E. (5) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)] The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be snmmmrized 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 A 11'ENTION: 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, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Page 6 of 8 Permit NC0076775 • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1) (9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. 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: http://www2.epa.gov/compliance/final-national-pollutant-discharge-elimination- system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http: / /deq.nc.gov /about/divisions /water -resources /edmr Page 7 of 8 Permit NC0076775 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: / /deq.nc.gov/about/divisions /water -resources /edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, underpenalty of law, that this document and all attachments were prepared under my direction or supeiv lion in accordance with a system designed to assure that qualified personnel prnperlygather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, 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 them are signOcant 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 8 of 8 NC0076775 — Falls Powerhouse Latitude: Longitude: Quad #: Stream Class: 35°23'44" 80°04'34" F18NE •WS-IV&B Receiving Stream: Yadkin River Sub -Basin: 03-07-08 Facility Location JiT North Stanly County Map not to scale Water Resources ENVIRONMENTAL OUALITY PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NCO° 7 / 6 / 7 / 7 / 5 or NCG5 / / / / 1. Facility Name: Falls Powerhouse II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: X a. Change in ownership of property/company b. Name change only c. Other (please explain): 2. New owners name (name to be put on permit): Cube Yadkin Generation LLC 3. New owners or signing official's name and title: Eli Hopson (Person legally responsible for permit) Secretary (Title) 4. Mailing address: Two Bethesda Metro Center City: Bethesda State: MD Zip Code: 20814 E-mail address: ehopson(@.cubehydro.com Phone: (240) 482-2714 THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] State of North Carolina I Environmental Quality 1 Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https://deq. nc. gov/about/d i vi sions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits NPDES Name & Ownership Change Page 2 of 2 Applicant's Certification: Eli Hopson , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: February 2, 2017 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 7/2016 Weaver, Charles 4/CDo 7G 795 From: Basinger, Corey Sent: Thursday, January 19, 2017 2:13 PM To: Weaver, Charles Subject: RE: Business Confidential - upcoming NPDES transfer Provided the Division has written proof that the ownership change was effective on Feb 1n, I know of no reason to delay the transfer in BIMS. CB W. Corey Basinger Regional Supervisor Division of Water Resources Mooresville Regional Office Department of Environmental Quality Chairman Water Pollution Control System Operators Certification Commission 704-235-2194 office corey.basinger@ncdenr.gov Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 "''Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Charles Sent: Thursday, January 19, 2017 1:35 PM To: Basinger, Corey <corey.basinger@ncdenr.gov> Subject: FW: Business Confidential - upcoming NPDES transfer Corey —this is from the company taking ownership of the Alcoa Hydro Dams. Any reason we shouldn't make the ownership change effective February 1n? CHW From: Eli Hopson Finailto:ehopson@cubehydro.comj Sent: Thursday, January 19, 2017 10:02 AM To: Weaver, Charles <charles.weaver@ncdenr.gov> i Cc: Dewight Flinch <DFlinch@cubehydro.com> Subject: Business Confidential - upcoming NPDES transfer Charles Weaver Water Quality North Carolina Department of Environmental Quality Archdale Building. 512 N. Salisbury St. Raleigh, NC 27604 Dear Mr. Weaver, I hope you are enjoying the new year so far. I wanted to follow up with you regarding changing ownership for the four NPDES permits now that we have received the license transfer order from the Federal Energy Regulatory Commission to confirm your conversation with Dewight. Our company, Cube Hydro Carolinas LLC, an affiliate of Cube Hydro Partners, agreed to acquire the following hydroelectric plants from Alcoa Partner Generating, Inc.: NC0076775 Falls Powerhouse NC0081931 High Rock Powerhouse NC0081957 Narrows Powerhouse NC0081849 Tuckertown Powerhouse The agreement became public on July 11, 2016 and has been widely publicized since then. On December 12, 2016, FERC approved the license transfer and closing is expected on or around February 1, but please note that this exact date remains confidential. As you discussed with Dewight in late October, we are providing this email as notice of the upcoming transfer of the permits for the plants, and will be submitting Ownership Change Request forms for the facilities after the transfer is complete. To the extent possible, we would like to transfer the permits effective on the same day we transfer ownership of the powerhouses. Please advise whether you would like to see a draft of the change request forms or other information in advance to ensure we can effectuate the permit transfers on or around February 1. Please let us know if you have any questions or would like to discuss further. Sincerely, /s/ Eli Hopson Secretary Cube Hydro Carolinas LLC Eli W.L. Hopson Vice President for Legal, Regulatory, and Policy Cube Hydro Partners, LLC Two Bethesda Metro Center I Suite 1330 I Bethesda MD 20814 Work: 240.482.2714 2 Mobile: 202.368.0828 This message is intended only for the named recipient and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any misdirected transmission. !f you received this message in error, please notify sender immediately and delete this message from your system. !f you are not the intended recipient, you must not use, disclose, distribute or copy any part of this message. 3