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HomeMy WebLinkAboutNC0000795_technical correction_20220628DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA ROY COOPER Governor ELIZABETH BISER Secretary RICHARD E. ROGERS, JR Director Kinder Morgan Southeast Terminals, LLC c/o Duncan Sinclair, Operations Manager 1000 Winward Concourse, Suite 450 Alpharetta, Georgia 30005 Subject: Mr. Sinclair: NORTH CAROLINA. Environmental Quality 6/28/2022 Technical Correction for Total Phenolic Compounds NPDES Permit NC0000795 KMST Greensboro Terminal 1 WPCS Physical/Chemical Grade PCNC 6907 West Market Street, Greensboro Guilford County The Division of Water Resources (the Division or DWR) has discovered an error in the subject discharge permit recently issued (effective April 1, 2022), expiring August 31, 2026. This letter transmits our correction of this technical error. We note that the effluent monitoring table in your active permit [Section A. (1.)] lists in error the monitoring frequency for Total Phenolic Compounds as Monthly, hereby relaxed to Quarterly, as justified in the previous Fact Sheet. This is the only change to this permit. Please save the attached as active and discard your previous permit. We regret any inconvenience this may have caused your organization. If you have questions, please email Joe R. Corporon, P.G. of my staff at [joe.corporon@ncdenr.gov]. Sincerely, � (D�ocuS/iigned by: 8328B44CE9EB4A1... for Richard E. Rogers, Jr, Director Division of Water Resources Enclosure: NPDES Permit NC0000795 (Tech correction for Total Phenolic Compounds) ec: DWR/NPDES Program Files Laserfiche DWR/OCU, Maureen Kinney DWR/WSRO, Jenny Graznak, Lon Snider DWR/ATB, Cindy Moore, Zachary Thomas Kinder Morgan, attention Gordon Terhune[Gordon_trhune@kindermorgan.com] WSRO/PWS North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 -- 919.707.9000 DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA NPDES Permit NC0000795 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions 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, Kinder Morgan Southeast Terminals (KMST) LLC is hereby authorized to discharge wastewater from outfalls located at the KMST - Greensboro Terminal 1 6907 West Market Street, Greensboro Guilford County to receiving waters designated as an unnamed tributary (UT) of East Fork Deep River within the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 1, 2022 This permit and authorization to discharge shall expire at midnight on August 31, 2026. Signed this day, June 28, 2022 e—DocuSi/gned by: 8328B44CE9EB4A1... for Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Page 1 of 8 DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA NPDES Permit NC0000795 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Kinder Morgan Southeast Terminals LLC is hereby authorized to: 1. continue operating an existing Surface -Water Pollution Control System for stormwater in proximity to above -ground storage tanks (ASTs) in support of surface bulk -storage of petroleum hydrocarbon fuels and ethanol exceeding one million gallons utilizing • diked areas (secondary containment for ASTs and piping) • truck loading -rack drains routed to a 10,000-gallon oil/water separator with hydrocarbon sensor (contents pumped to settling pond) • lined settling pond (with outfall) • effluent pumps, totalizing flow meter, also fitted with an emergency 12 in -diameter discharge pipe for emergency gravity release, if necessary • discharge control valve, manually operated, normally closed (a point -source discharge) located at the Kinder Morgan Southeast Terminals, Greensboro Terminal 1, 6907 West Market Street, Greensboro, Guilford County, and 2. discharge from said treatment works via Outfall 001, a location specified on the attached map, into an unnamed tributary (UT) to the East Fork Deep River [stream segment 17-2-(0.3)], a waterbody currently classified WS-IV; * within hydrological unit 03-06-08 [HUC: 030300030102] of the Cape Fear River Basin. Page 2 of 8 DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA NPDES Permit NC0000795 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] WPCS Grade PC-1 [15A NCAC 08G .0302] Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated stormwater from Outfall 001. Such discharges shall be limited, monitored and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS [PARAMETER CODES] LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 2 (MGD) 50050 Episodic 2 Effluent Total Suspended Solids (TSS) (mg/L) C0530 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Turbidity 3 (NTU) 00070 50 NTU 50 NTU Monthly Grab Effluent pH (Standard Units) 00400 Not < 6.0 or > 9.0 s.u. Monthly Grab Effluent Oil & Grease 4 (mg/L) EPA Method 1664 [SGT-HEM] 00556 Monthly Grab Effluent BTEX 5 (µg/L) 34030 Monthly Grab Effluent Naphthalene 5,6 (µg/L) 34696 Monthly Grab Effluent Total Recoverable Phenolics 5 (µg/L) 32730 Quarterly Grab Effluent MTBE 5 (µg/L) 22417 Quarterly Grab Effluent Acute WET testing 7 TGE6C Quarterly Grab Effluent Footnotes: 1. Beginning on the effective date of this permit, the Permittee shall submit Discharge Monitoring Reports electronically using NCDWR's eDMR application system [See Condition A. (4.)]. 2. Each discharge event shall be monitored for Flow volume and duration — During periods of no flow [no discharge], the Permittee shall submit a signed, monthly Monitoring Report (eDMR) indicating "No discharge." Flow may be documented using any one of the following four (4) methods: 1) measure flow continuously via weir or flow meter (totalizer preferred) 2) estimate flow at 20-minute intervals during the entire discharge event 3) report flow based on discharge pump logs, or 4) calculate flow based on total rainfall per unit area draining to the outfall using the Rational Method [see formula, Section A. (2.)]. 3. Turbidity — Effluent turbidity shall not cause receiving -stream turbidity to exceed 50 NTU. If background turbidity naturally exceeds 50 NTU, the effluent shall not cause background turbidity to increase [NCAC 02B. 0211(21)]. 4. Where possible, the grab sample for Oil & Grease should be skimmed from the water surface of a quiescent (calm water) zone. Page 3 of 8 DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA NPDES Permit NC0000795 5. BTEX [Benzine, Toluene, Ethylbenzene and Xylene]. All analytical practical quantitation levels (PQLs) must test sufficiently sensitive to consider each analyte's respective water -quality standard [see Part II. Section D. (4.)]. 6. Provided that the Permittee can demonstrate to the Division that its facility does not now, nor has ever, stored diesel fuel or other heavy fuels, it may petition to remove monitoring for Naphthalene. 7. WET (Whole Effluent Toxicity) Acute, 24-hour (Fathead Minnow), Quarterly during the months of January, April, July, and October [see Special Condition A. (3.)]. If Acute Whole Effluent Toxicity (WET) test fails [TGE6C], the Permittee shall test each subsequent discharge event until testing indicates "pass," after which Quarterly monitoring shall resume in accord with Section A. (3.). If after a subsequent five (5) consecutive Quarterly events, WET results demonstrate no toxicity (i.e., "pass"), the Permittee may petition the Division to relax monitoring, as data may warrant. WET - test samples shall be collected concurrently with other parameter of concern (POC) samples, as appropriate to monitoring frequencies. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • Direct discharge is not permitted of tank solids, tank -bottom water, or the rag layer. • The Permittee shall discharge no tank [or pipe] hydrostatic testing wastewaters unless Benzene concentrations test less than 1.19 µg/L, and Toluene concentrations test less than 11 µg/L. A. (2.) FLOW MEASUREMENT RATIONAL [G.S. 143-215.1(b)] The Rational Method - Determination of Peak Runoff: [REF: FHWA Urban Drainage Design Manual, 3.2.2. Rational Method (3-1)] Q=KuCIA, where: Q = flow (peak flow rate in cfs or m3/sec) Ku = unit conversation factor = 1.008 for U.S. standard units (usually ignored because it is so close to 1), or 0.278 for metric units C = dimensionless runoff coefficient for the watershed, loosely defined as the ratio of runoff to rainfall I = intensity of rainfall [taken from the intensity -duration -frequency curves for the specified design return period at the time of concentration, tc (in/h or mm/h). tc = time of concentration (time after beginning rainfall excess when all portions of the drainage basin are contributing simultaneously to outlet flow). A = area of tributary watershed (acres or km2) The rational equation is used to calculate the runoff from a region, given: • the runoff coefficient (accounts for infiltration losses in the region), • the rainfall intensity to the region, • the time for runoff to travel from the region's upper reaches to its outlet, and • the region's drainage area. Page 4 of 8 DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA NPDES Permit NC0000795 A. (3.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity In A Single Effluent Concentration" (Revised December 2010 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The tests will be performed during the months of January, April, July, and October. 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. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C. Additionally, DWR Form AT-2 (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 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 and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. 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, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three-month time interval that 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. Page 5 of 8 DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA NPDES Permit NC0000795 Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (4.) 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. 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)1 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. The eDMR system may be accessed at: https://deq.nc.gov/about/divisions/water-resources/edmr. If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 See "How to Request a Waiver from Electronic Reporting" section below. Page 6 of 8 DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA NPDES Permit NC0000795 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. 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: 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 Page 7 of 8 DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA NPDES Permit NC0000795 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)I 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, 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." 5. Records Retention [Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 8 of 8 DocuSign Envelope ID: 3BD53280-F86C-4F32-9801-F1 FAC5DCFCBA UT to East Fork Deep River [flows southwest] Kinder Morgan Southeast Terminals, LLC Greensboro 1 Terminal NPDES Permit NC0000795 6907 West Market Street, Greensboro, NC 27409 Receiving Stream: UT to East Fork Deep River Stream Segment: 17-2-(0.3) River Basin: Cape Fear County: Guilford Stream Class: WS-IV:* Sub -Basin #: 03-06-08 HUC: 030300030102 NC Grid/USGS Quad: C19SW / Guilford, NC