Loading...
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