NC0006564_Major Mod-Draft_20220829

Baxter Healthcare Corp NC0006564
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
DRAFT 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
This permit and authorization to discharge shall expire at midnight on March 31, 2027.
Signed this day
for Richard E. Rogers Jr., Director
Division of Water Resources
By Authority of the Environmental Management
Commission
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Baxter Healthcare Corp 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.
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Baxter Healthcare Corp
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
Weekly
Composite
I and E
CODS 00340
1,292.8 pounds/day
1,939.2 pounds/day
Weekly
Composite
I and E
Total Suspended Solids QD530
278.0 pounds/day
417.0 pounds/day
Weekly
Composite
E
Ammonia (NH3 as N) (conc) C0610
(April 1 -October 31)
5.3 mg/L
26.4 mg/L
Once/2 Months
Composite
E
Ammonia (NH3 as N) (conc)
(November 1 — March 31) C0610
14.7 mg/L
Once/2 Months
Composite
E
Fecal Coliform 31616
(geometric mean)
200/100 mL
400/100 mL
Weekly
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, NTU10
10
Weekly
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, °C7'8 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
[as CaCO3 mg/L6] 00900
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).
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Baxter Healthcare Corp 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. By March 1, 2026, the facility shall not exceed the instream water temperature of 20°C and not exceed 0.5°C above
the background temperature. If the instream temperature exceeds 20 °C upstream of the facility, the discharge will
not be considered out of compliance with this permit limit based on the maximum regulatory limit of 20°C. Please
see Special Condition A. (3.) for compliance schedule.
9. Starting on December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's
eDMR application system. Please See Special Condition A. (5.).
10. Please see condition A. (4.).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
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Baxter Healthcare Corp 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, [e-mail].
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.
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Baxter Healthcare Corp NC0006564
A. (3.) SCHEDULE OF COMPLIANCE TEMPERATURE OUTFALL 001 AND
INSTREAM [G.S. 143-215.1(b)]
1. Effective no later than May 1, 2023, the Permittee shall submit to the Division of Water Resources a
temperature study analyzing the impacts of each wastestream on the facility's effluent temperature
under diverse operating and ambient conditions, and characterizing the impacts of the facility's
effluent on receiving stream temperature under diverse operating and ambient conditions.
2. Within four months of completion of the temperature study and no later than September 1, 2023,
the Permittee shall submit to the Division, a Corrective Action Plan (CAP) for approval that
summarizes the actions to be taken to achieve compliance with 15A NCAC 02B 0211(18) and .0219.
The time to compliance shall be no longer than two years and six months from the date of
submission of the CAP. The CAP shall include, at a minimum, a summary of the options analyzed, a
detailed analysis of the Permittee's preferred alternative, including preliminary design engineering and
a schedule for procurement of funds and/or approvals, construction, and necessary operation
changes. The CAP shall propose a schedule for completion of critical milestones until compliance is
achieved. The Division will provide comments and direction, if deemed necessary, within ninety (90)
days of CAP submittal. If no such direction is provided, the CAP shall be considered approved.
3. Effective no later than September 1, 2024, the Permittee shall submit a progress report to the
Division summarizing the actions taken in accordance with CAP and schedule, including
procurements, construction, installation, or other measures.
4. Effective no later than September 1, 2025, the Permittee shall submit a progress report to the
Division summarizing the actions taken in accordance with CAP and schedule, including
procurements, construction, installation, or other measures.
5. Effective no later than March 1, 2026, the Permittee shall achieve compliance with temperature
limits specified in condition A. (1.)
In addition to steps 1 through 5, upon approval of the CAP by the Division, the milestones outlined in the
CAP become an enforceable part of the permit. Any modification to the schedule for these milestones must
be requested to the Division at least ninety (90) days before scheduled deadline. Modifications more than four
(4) months or more than one 4-month modification request to the schedule will be subject to public notice.
The CAP and reports shall include the owner's name, NPDES permit number and Permittee contact person,
and shall be submitted to:
(1) NC Division of Water Resources (2) NCDEQ, Division of Water Resources
NPDES industrial permitting unit Asheville Regional Office
1617 Mail Service Center 2090 U.S. 70 Highway
Raleigh, NC 27699-1617 Swannanoa, NC 28778
Force Majeure: Any noncompliance with the schedule specified in condition A. (3.) shall not be considered a
permit violation if the Permittee satisfies DEQ that noncompliance was caused solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be available if the act or
omission is that of an employee or agent of Baxter or if the act or omission occurs in connection with a
contractual relationship with Baxter;
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Baxter Healthcare Corp NC0006564
d. An extraordinary event beyond the Baxter's control, specifically including any court order staying the
effectiveness of any necessary permit or approval. Contractor delays or failure to obtain funding will not be
considered as events beyond Baxter's control; or
e. Any combination of the above causes.
A. (4.) TURBIDITY MONITORING [G.S. 143-215.1(b)]
Permittee can apply for a major modification after providing 12 months of turbidity monitoring data,
requesting for reduction of turbidity monitoring frequency or its elimination. The request may be approved if
the facility demonstrates a consistent turbidity measurement below 10 NTU in its effluent.
A. (5.) 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 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)]
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
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Baxter Healthcare Corp NC0006564
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).
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.)
(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
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Baxter Healthcare Corp NC0006564
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 certiji, 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 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 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 significant 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].
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Baxter Healthcare Corp
A. (6.) Nutrient Re -opener
[G.S. 143-215.1].
NC0006564
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.
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