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HomeMy WebLinkAboutNC0006564_Permit (Issuance)_20230816DocuSign Envelope ID: 30AF73B0-9300-4D61-A3B4-C2329F928986 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality August 16, 2023 Mr. Derek Bouchard, Environmental Manager Baxter Healthcare Corporation 65 Pitts Station Road Marion, North Carolina 28752 Subject: Dear Mr. Bouchard: Final NPDES Minor Modification Permit NC0006564 Baxter Healthcare Corp. WWTP McDowell County Grade III Biological WPCS SIC Code 2834 Division personnel have reviewed and approved your application for minor modification of the subject permit. Accordingly, we are forwarding the attached NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina, and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The following changes were made to the issued permit on October 17, 2022: • Extension of interim deadline for submittal of Corrective Action Plan (CAP) to December 30, 2023, section A. (3.) paragraph 2. The final minor modification permit maintains ALL limits, monitoring requirements and conditions. The NPDES standard conditions (Parts II, III, and IV) are the same as in your current permit except that agency and division names have been updated. The latest version is available at https://bit.ly/3k5NFaL and can be viewed online or downloaded as a PDF file. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental regulations. D ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINI� N"w .rdnr 919,707,9000 DocuSign Envelope ID: 30AF73B0-9300-4D61-A3B4-C2329F928986 If you have questions concerning this draft permit, please contact Amirhossein (Amir) Adaryani at (919) 707-3704 or by email at amir.adaryani@deq.nc.gov. Sincerely, Ev DocuSigned by: b+S V bW DA& CE9CD2D3C45B4D4... for Richard E. Rogers Jr., Director Division of Water Resources, NCDEQ Hardcopy: NPDES Files Central Files Ecopy: US EPA Region 4 DWR/Asheville Regional Office/Water Quality/Tim Heim DWR/Operator Certification Program/Maureen Kinney DWR/Aquatic Toxicology Branch/Cindy Moore Page 2 of 2 DocuSign Envelope ID: 01580BB4-44DA-4BE6-8CB6-CA87FAC940DA Baxter Healthcare Corp NC0006564 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Baxter Healthcare Corporation is hereby authorized to discharge wastewater from a facility located at Baxter Healthcare Corporation U.S. Highway 221 At North Cove McDowell County to receiving waters designated as North Fork Catawba River in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 2023. This permit and authorization to discharge shall expire at midnight on October 31, 2027. Signed this day August 16, 2023. IV DocuSigned by: b+s 06WAtt, CE9CD2D3C45B4D4... for Richard E. Rogers Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 9 DocuSign Envelope ID: 01580BB4-44DA-4BE6-8CB6-CA87FAC940DA 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: 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: 030501011 of the Catawba River Basin. Page 2 of 9 DocuSign Envelope ID: 01580BB4-44DA-4BE6-8CB6-CA87FAC940DA 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 monitored' by the Permittee as specified below: PARAMETER Parameter Cade 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 (2011 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) C0610 (November 1 — March 31) 14.7 mg/L Once/2 Months Composite E Fecal Coliform (geometric mean) 31616 200/100 mL 400/100 mL Weekly Grab E Total Residual Chlorine4 50060 28 µg/L 3/Week Grab E Dissolved Oxygen 00300 Monitor and Report 3/Week Grab E Temperature, °Cs 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 Coliform7 (geometric mean) 31616 Monitor and Report 3/Week Grab U and D Conductivity? 00094 Monitor and Report 3/Week Grab U and D Dissolved Oxygen? 00300 Monitor and Report 3/Week Grab U and D Total Hardness 00900 [as CaCO3 mg/L] Monitor and Report Quarterly Composite E Total Hardness 00900 [as CaCO3 mg/L6] Monitor and Report Quarterly Grab U Chronic Toxicity5 TGP3B See Note 5 Quarterly Composite E Page 3 of 9 DocuSign Envelope ID: 01580BB4-44DA-4BE6-8CB6-CA87FAC940DA Baxter Healthcare Corp NC0006564 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 BODS 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). 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 (Ceriodapbnia) 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 provided that it does not increase the background temperature. 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. Page 4 of 9 DocuSign Envelope ID: 01580BB4-44DA-4BE6-8CB6-CA87FAC940DA 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 Ceiiodaphnia dubia at an effluent concentration of 16.0%. The permit holder shall perform at a minimum, quarterl monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. The tests will be performed during the months of February, May, August, and November. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Or, results can be sent to the email, ATForms.ATBgdeq.nc.gov. Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the pennittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the Permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three-month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 5 of 9 DocuSign Envelope ID: 01580BB4-44DA-4BE6-8CB6-CA87FAC940DA 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 eight months of completion of the temperature study and no later than December 30, 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 NPDES industrial permitting unit 1617 Mail Service Center Raleigh, NC 27699-1617 (2) NCDEQ, Division of Water Resources Asheville Regional Office 2090 U.S. 70 Highway 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; Page 6 of 9 DocuSign Envelope ID: 01580BB4-44DA-4BE6-8CB6-CA87FAC940DA 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 the Director. Page 7 of 9 DocuSign Envelope ID: 01580BB4-44DA-4BE6-8CB6-CA87FAC940DA Baxter Healthcare Corp NC0006564 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 122.410) (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: httl2://deq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.)(d)1 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. Page 8 of 9 DocuSign Envelope ID: 01580BB4-44DA-4BE6-8CB6-CA87FAC940DA Baxter Healthcare Corp NC0006564 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.g,ov/about/divisions /water -resources /edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert, under 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 orpersons 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. (Q1 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 122.411. A. (6.) Nutrient Re -opener [G.S. 143-215.1]. Pursuant to N.C. General Statutes section 143-215.1 and the implementing rules found in North Carolina Administrative Code at 15A NCAC 2H.0112 (b) (1) and 2H.0114 (a), the Director may reopen this permit to require supplemental nutrient monitoring of the discharge. The purpose of additional monitoring will be to support water quality modeling efforts within the Catawba River Basin and shall be consistent with a monitoring plan developed jointly by the Division and affected stakeholders. In addition, the results of water quality modeling may require that limits for total nitrogen and total phosphorous be imposed in this permit upon renewal. Page 9 of 9