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HomeMy WebLinkAboutNC0081949_Owner (Name Change)_20170222NPDES DOCUMENT ! CANNINO COVER :SHEET NPDES Permit: NC0081949 Tuckertown Powerhouse Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Owner name change') Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: February 22, 2017 Thies document is printed on reuse paper - ignore any content on the reYerse reside ROY COOPER Water Resources ENVIRONMENTAL QUALITY 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 Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Minor modification of NPDES Permit NC0081949 Tuckertown Powerhouse Montgomery 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 NC0081949. 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.(4) 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.gov]. rely, S. Jay Zimmerman, Diietor Division of Water Resources cc: Central Files Fayetteville •Regional Office NPDES File State of North Carolina 1 Environmental Quality I Water Resources 1617 Mail Service Center I 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 NC0081949 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 Tuckertown Powerhouse 711 Tuckertown Road New London Montgomery 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. y Zimmerman, P.G. irector, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NC0081949 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 and 003, and water from a sump drain (Outfall 004) located at the Tuckertown Powerhouse [711 Tuckertown Road, New London] in Montgomery County. 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin River, currently classified as WS-IV & B waters in the Yadkin -Pee Dee River Basin. Page 2 of 7 Permit NC0081949 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [001 / 002 / 003] [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 and 003. Such discharges shall be limited and monitored1 by the Permittee as specified below: PARAMETER DISCHARGE LIMITATIONS ' Monitorin Requirements Monthly Average Daily Maximum Effluent Measurement Frequency Sample Type Sample Location* Flow (MGD) 50050 Annual Estimate Effluent Temperature2 00010 Annual Grab Effluent pH3 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 permittee shall submit discharge monitoring reports electronically using the Division's eDMR system. See Special Condition A. (4.). 2. 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. 3. 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. 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. 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 Page 3 of 7 Permit NC0081949 Raleigh, North Carolina 27699-1621 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [004] [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 004 [Sump Drain]. Such discharges shall be limited and monitored' by the Permittee as specified below: 'r r .. tea- R = r ' .3 yY� !'L..� -�. 1 `t �i iT{�M/ !f' } ERG r, :,. I U � tir' . - tit f .1i aiV � .. Fl . 1_,: rs t ' ; ' 4 y1+ t •,f r� i .:, � w. I z ' ,, Flow _ 50050 Annual 1 Estimate 1 Effluent 0il and Grease2 00556 15.0 mg/L 20.0 mg/L Annual J Grab 1 Effluent pH3 00400 Annual 1 Grab 1 Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system. See Special Condition A. (4). 2. 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. 3. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. 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 leaning 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. 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. Page4of7 Permit NC0081949 A. (4.) 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 forNPDES 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 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, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). Page 5 of 7 Permit NC0081949 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 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: Page 6 of 7 Permit NC0081949 "1 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 properlygather 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 there are signfcant penalties for submitting false information, including thepossibility of fines and imprisonment for knowing violations." 5. Records Retention 'Supplements Section D. (b.)] 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 7 Discharge Point NC0081949 — Tuckertown Powerhouse Latitude: 35°2907" Longitude: 80°1034" Quad #: F18NIAT Stream Class: WS-IV & B Receiving Stream: Yadkin River Sub -Basin: 03-07-08 Montgomery County Map not to scale 2/15/2017 Nab ,r ...� : (3(Pt \; Click Here To: Corporations Division North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Account Login Register View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Cube Yadkin Generation LLC Limited Liability Company Information Sosld: 1532877 Status: Current -Active Annual Report Status: Current Citizenship: Foreign Date Formed: 7/26/2016 Fiscal Month: State of Incorporation: DE Registered Agent: Corporation Service Company Corporate Addresses Reg Office: Reg Mailing: 327 Hillsborough St. Raleigh, NC 27603 327 Hillsborough St. Raleigh, NC 27603 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. http://www.sosnc.gov/Search/profcorp/12317517 1/1 Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: g‘ 61/.1 Permit Number: NC00 v ',—,—ram �+— or NCG5 / / / / 1. Facility Name: Tuckertown 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 owner's name (name to be put on permit): Cube Yadkin Generation LLC 3. New owner's 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 Phone: ( 240) 482-2714 E-mail address: ehopson(a cubehydro.com 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 I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX hops://deq.nc.gov/aboutld i visi o n s/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