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HomeMy WebLinkAboutNC0003671_owner name change_20230911ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 11, 2023 Mr. Carl Ostach Buckeye SE Terminals, LP The Buckeye Bldg / 6161 Hamilton Blvd Allentown, PA 18106 Subject: NPDES Permit NC0003671 Ownership Change Greensboro II Terminal Guilford County Dear Permittee: The Division has received an approved your request to change ownership of the subject facility. This modification documents the change in ownership. Regrettably, this permit modification was not issued last year when the change was made in our database. A file review caught the error, which is why the documents are being sent to you now. We apologize for the inconvenience. This permit modification 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 pages into your permit and discard the old pages. 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 these changes, please contact Charles H. Weaver [charles.weaver@deq.nc.gov]. Sincerely, G Richard E. Rogers, Jr., Director Division of Water Resources ec: NPDES Unit (Laserfiche) D E North Carolina Department of Environmental Quality I Division of Water Resources r xw ..� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 G°`�""`"�'�""MW ° `� 919.707.9000 Permit NC0003671 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, Buckeye SE Terminals, L.P. is hereby authorized to discharge wastewater from outfalls located at the Greensboro II Terminal 7109 West Market Street Greensboro Guilford County to receiving waters designated as an unnamed tributary of Horespen Creek 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 October 1, 2023. This permit and authorization to discharge shall expire at midnight on June 30, 2025. Signed this day September 11, 2023. j Richard E. Rogers, Jr., Dire division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 Permit NC0003671 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. Buckeye SE Terminals, L.P. is hereby authorized to: 1. Continue operating an existing stormwater treatment Water Pollution Control System that includes the following components: • Truck loading -rack drains • Oil/water separator • Gravity drains to dike containment areas • Discharge line with hand -operated control valves (normally closed) • Dry ditch (draining to outfall) This facility is located at the Greensboro Terminal II (7109 West Market Street, Greensboro) in Guilford County. 2. Discharge from said treatment works via Outfall 001, at the location specified on the attached map, into an unnamed tributary (UT) to Horsepen Creek [Stream Segment 16-11-5-(0.5)], a waterbody currently classified WS-III NSW waters within subbasin 03-06-02 [HUC: 030300020102] of the Cape Fear River Basin. Page 2 of 8 Permit NC0003671 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade 1 Physical Chemical WPCS [15A NCAC 08G .0306] 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 Grab Effluent Turbidity 00070 Monthly Grab Effluent Total Suspended Solids (mg/L) C0530 45.0 mg/L Monthly Grab Effluent Oil and Grease 3 (mg/L) 00556 Monthly Grab Effluent Total Recoverable Phenolics (µg/L) 32730 Quarterly Grab Effluent Benzene 4 (µg/L) 34030 1.2 µg/L Monthly Grab Effluent Toluene 4 (µg/L) 34010 Quarterly Grab Effluent Ethyl Benzene 4 (µg/L) 34371 Quarterly Grab Effluent Total Xylenes 4 (µg/L) 81551 Quarterly Grab Effluent MTBE (µg/L) 22414 Monthly Grab Effluent Acute WET Testing 5 TGE6C Quarterly Grab Effluent Footnotes: 1. The permittee shall submit Discharge Monitoring Reports electronically using the Division's eDMR system. See A. (3.). 2. During periods of no flow, the Permittee shall submit a DMR indicating "No discharge." 3. Where possible, the grab sample for Oil & Grease should be skimmed from the water surface of a quiescent (calm water) zone. 4. Samples to be collected concurrently with Whole Effluent Toxicity (WET) test sampling. 5. WET Acute, 24-hour (Fathead Minnow), with Quarterly testing during the months of February, May, August, and November (see A. (2.)). Conditions: • There shall be no discharge of floating solids or foam visible in other than trace amounts. • Direct discharge of tank solids, tank -bottom water, or the rag layer is not permitted. • Hydrostatic Tank Testing: The Permittee shall discharge no tank solids, no tank bottom -water, no tank rag -layer; no tank [or pipe] contents, unless Benzene concentration tests less than 1.19 µg/L and Toluene concentration tests less than 11 µg/L. Page 3 of 8 Permit NC0003671 A. (2.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) [I 5A 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 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. The parameter code for Pimephales promelas is TGE6C. All toxicity testing results required as part of this permit condition will be entered electronically using the Division's eDMR system for the month in which it was performed, using the appropriate parameter code. 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 Or, results can be sent to the email, ATForms.ATB@ncdenr.gov. Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 3 0 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 (TRC) 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 any month, 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. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Page 4 of 8 Permit NC0003671 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. USE OF A DIFFERENT TEST ORGANISM The permittee may request the use of a different test organism upon documentation that the alternate test organism would provide an equal or greater level of protection and is appropriate based on the characteristics of the discharge and receiving stream. Such documentation would consist of one of the following: 1. For saltwater classified streams, a fathead minnow may be assigned as the acute testing species if the salinity of the receiving stream at the point of discharge is <5 ppt throughout the tidally influenced cycle. This determination may be based on the best professional judgment of DWQ staff or data collection provided by the permittee and approved by DWQ staff. This evaluation should include vertical profiles of salinity/conductivity measurements at both high tide and low tide over several 24- hr cycles. 2. Three consecutive "side -by -side" tests with results indicating that the alternate test organism is as or more sensitive to the facility's effluent. Each test series would consist of two separate toxicity tests conducted on the same sample of effluent with the length of exposure specified by the permit, the only difference between the tests being the organism used. 3. An alternate plan developed by the permittee and approved by the Aquatic Toxicology Unit that demonstrates an equal level of protection is offered by the test organism. For items 2 and 3, it must also be demonstrated that viable and standardized culture techniques are available for that organism and standardized testing methodologies have been developed and validated. This demonstration should meet guidance provided by EPA in Section 6 of EPA-821-R-02-012, Short Term Methods for Estimating the Acute Toxicity of Effluents and Receiving Waters to Freshwater Organisms. Fifth Edition, 2002. Requests to use a different test organism and supporting documentation should be sent to NC DWQ, ESS at the address listed above. A. (3.) 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 Page 5 of 8 Permit NC0003671 • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reportine 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. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported via the eDMR system no later than the last calendar day of the month following the completed reporting period. 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. Page 6 of 8 Permit NC0003671 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.federalre igister.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)l 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 I1, 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://deg.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 7 of 8 Permit NC0003671 "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 A (6.)l 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 9 ga Jill Vo-tt i'^ti�� ice ;`, - , fi "jz 7, 3 L wt,