HomeMy WebLinkAboutNC0005185_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 NC0005185
Ownership Change
Charlotte II Terminal
Mecklenburg 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,
Richard E. Rogers, Jr., Director
Division of Water Resources
ec: NPDES Unit (Laserfiche)
_ D E North Carolina Department of Environmentai Quality I Division of Water Resources
woarr��oi,Na �• 512 North Salisbury Street 1 1611 Mail Servi oe Center I Raleigh, North Carol ina27699-1611
919.707.9000
Permit NC0005185
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
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
Charlotte II Terminal
7924 Old Mt. Holly Road
Charlotte
Mecklenburg County
to receiving waters designated as an unnamed tributary to Long Creek in the Catawba 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.
Jard E. Rogers, Jr., Rvision
Direc " '
bTof Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8
Permit NC0005185
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this
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 described
herein.
Buckeye SE Terminals, L.P.
is hereby authorized to:
1. Continue to operate a Water Pollution Control System that includes the following components:
• Oil/water separators (servicing stormwater runoff from fuel loading -rack areas),
• Diked areas [secondary -containment for above -ground storage tanks (ASTs) with hydrocarbon
fuel capacity greater than one million gallons]
• Manually -operated discharge valves (normally closed), a point source to discharge stormwater
and city water used for washing and/or hydrostatic testing);
• Ethanol off-loading skid - secondary containment with drain and automated valve (point -source
discharge - activated in the event of product lost)
• Groundwater remediation system (Outfall 007) - an air sparge/soil extraction (AS/SVE)
system, an oil/water separator, an air stripper and up to two (2) carbon vessels.
This facility is located at the Charlotte I1 Terminal (7924 Old Mt. Holly Road, Charlotte) in
Mecklenburg County.
2. Discharge from said treatment works via Outfall 006, at the location specified on the attached map,
into an unnamed tributary to Long Creek [11-120-(2.5)], a waterbody currently classified as WS-IV
waters in subbasin 03-08-34 [HUC: 03050101 ] of the Catawba River Basin.
Page 2 of 8
Permit NC0005185
Part 1
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [0061
[I 5A 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 006. Such discharges shall be limited, monitored and
reported' by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
[PARAMETER CODES]
LIMITS
MONITORING REQUIREMENTSI
Monthly
Average
Daily
Maximum
Measurement
I Frequency
Sample
Type
Sample Location
50050 Flow 2
Episodic
2
Effluent
[000701 Turbidity 3
50 NTU
Monthly
Grab
Effluent
[C0530] Total Suspended Solids
30.0 mg/L
45.0 mg/L
Monthly
Grab
Effluent
00556 Oil and Grease
Monthly
Grab
Effluent
32730 Total Recoverable Phenolics 4
Monthly
Grab
Effluent
[34030] Benzene 4
Monthly
Grab
Effluent
[340101 Toluene 4
Monthly
Grab
Effluent
[34371 ] Ethyl Benzene 4
M6nthly
Grab
Effluent
[81551 ] X lene 4
Monthly
Grab
Effluent
[346961 Naphthalene 4
Monthly
Grab
Effluent
[224171 MTBE 4
Monthly
Grab
Effluent
TAE6C Acute Toxicity 5
Annually
Grab
Effluent
Footnotes:
1. the permittee shall submitting discharge monitoring reports electronically using the Division's eDMR system [see A.
(4•)]•
2. Flow shall be monitored with each discharge event — During periods of no flow, the Permittee shall submit a signed,
monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored using any one of
four methods:
a) measure flow continuously (via flow meter, totalizer preferred);
b) calculate flow (see Rational Equation) based on total rainfall per unit area
draining to the outfall [see A. (5.)];
c) estimate flow at 20-minute intervals during the entire discharge event; or
d) report flow based on discharge pump logs.
3. Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving -stream background
exceeds 50 NTU, the effluent shall not increase background levels. Non-compliance with this Standard may require
additional stream monitoring and a Turbidity Corrective Action Plan (TCAP).
4. This sample to be collected concurrently with annual Acute Toxicity.
5. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A. (3)].
Conditions:
• There shall be no discharge of floating solids or foam visible in other than trace amounts.
• There shall be no direct discharge of tank solids, tank bottom water, or the rag layer.
• Following hydrostatic tank or pipe testing, the Permittee shall discharge no wastes containing benzene concentrations
greater than 1.19 µg/L, nor toluene concentrations greater than 11 µg/I.
Page 3 of 8
Permit NC0005 l 85
A. (2.) ACUTE TOXICITY MONITORING (ANNUAL)
[ 15A NCAC 02B .0500 et seq.]
The permittee shall conduct acute toxicity tests on an annual basis using protocols defined as definitive
in EPA Document EPA-821-R-02-012 entitled "Methods for Measuring the Acute Toxicity of Effluents
and Receiving Waters to Freshwater and Marine Organisms." The monitoring shall be performed as a
Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring
purposes must be obtained during representative effluent discharge and shall be performed at the
NPDES permitted final effluent discharge below all waste treatment processes.
The parameter code for Pimephales promelas is TAE6C. All toxicity testing results required as part of
this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it
was performed, using the appropriate parameter code. Additionally, DWR Form AT-1 (original) is to be
sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1623 Mail Service Center
Raleigh, North Carolina 27699-1623
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 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.
Page 4 of 8
Permit NC0005 ] 85
A. (3.)
A. (4.)
FLOW MEASUREMENT RATIONAL EQUATION
[G.S. 143-215.1(b)]
The Rational Equation: Q=KuCIA, where:
Q = flow (peak flow rate (cfs or m3/sec)
Ku = units conversation factor = 1.008 for U.S. standard units (usually
ignored because it is so close to 1), or 0.278 for SI 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 the beginning of rainfall excess when all portions of the
drainage basin are contributing simultaneously to flow at the
outlet).
A = area of tributary watershed (acres or km2)
The rational equation is used to calculate the runoff from a region, given:
• the runoff coefficient which accounts for infiltration and other
potential losses in the region,
• the rainfall intensity to the region,
• the time it takes for runoff to travel from the region's upper reaches
to its outlet, and the region's drainage area.
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.)
• 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)]
Page 5 of 8
Permit NC0005185
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: htt sp //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 NC0005185
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 ig ster.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)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.
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
Page 7 of 8
Permit NC0005185
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.)]
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
Buckeye SE Terminals, L.P.
Charlotte II Terminal
USGS Quad: Mountain Island Lake, NC
Latitude: 352 16' 59" N Longitude: 802 56' 25"W
Receiving Stream: UT to Long Creek [11-120-(2.5)] Sub -Basin: 03-08-34
River Basin: Catawba Stream Class: WS-IV
Facility Location
(not to scale)
North NPDES Permit NC0005185
1 Mecklenburg County