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HomeMy WebLinkAboutNC0074705_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 NCO074705 Ownership Change Charlotte I 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]. Sincgrely, r Richard E. Rogers, Jr., Director Division of Water Resources ec: NPDES Unit (Laserfiche) D E North Cardin Department of Environmental Quality I Division of Water Resouroe`; r TH cAR UNA �, 512 North Salisbury Street 1 1611 M ai I Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 Permit NCO074705 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY 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 I Terminal 7145 Old Mount Holly Road Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Paw 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. Ric rd E. Rogers, Jr., Direct r�''' Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 Permit NCO074705 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 Surface -Water Pollution Prevention System for stormwater/city water in proximity to above -ground storage tanks (ASTs), surface bulk -storage in excess of one million gallons of petroleum hydrocarbon fuels and ethanol, and fuel -truck loading racks, utilizing • oil/water separator (truck -loading rack) • carbon filter (truck -loading rack) • wastewater tank (truck -loading rack) • diked areas (secondary containment for ASTs) with discharge valves (hand -operated, normally closed) discharging stormwater/city water used for washing and/or hydrostatic testing • ethanol offloading facilities with automated drainage -containment system This facility is located at the Charlotte I Terminal (7145 Old Mount Holly Road, Charlotte) in Mecklenburg County. 2. Discharge from said treatment facility through Outfall 001 at the specified location (see attached map) into an unnamed tributary to Paw Creek [stream segment 11-124], currently classified C waters within subbasin 03-08-34 [HUC: 030501011404] in the Catawba River Basin. Page 2 of 8 Permit NCO074705 Part 1 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] During the period 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 I Frequency Sample Type Sample Location 50050 Flow 2 Episodic 2 Effluent [C05301 Total Suspended Solids 30.0 m /L 45.0 m /L Monthly Grab Effluent [00556] Oil and Grease (mg/L) EPA Method 1664 SGT-HEM Monthly Grab Effluent [000701 Turbidity 3 m L 50 NTU Monthly Grab Effluent [340301 Benzene L) Monthly Grab Effluent [340101 Toluene /L Monthly Grab Effluent [343711 Ethyl Benzene /L Monthly Grab Effluent [815511 X lene L) Monthly Grab Effluent [346961 Naphthalene /L Monthly Grab Effluent TAE6C Acute Toxicity 4 Annually Grab Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR application 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. (3.)]; 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. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Section A. (2.)]. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • The Permittee shall discharge no tank solids, tank bottom water, or tank rag layer. • Following hydrostatic tank or pipe testing, the Permittee shall discharge no wastes containing benzene concentrations greater than 74.1 µg/L, or toluene concentrations greater than 11 µg/L. Page 3 of 8 Permit NCO074705 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 required as part of this permit 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-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 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 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 NCO074705 A. (3.) 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 A. (4.) 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)] The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Page 5 of 8 Permit NCO074705 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:Hdeq.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. 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 Page 6 of 8 Permit NC0074705 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- s sty em-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. og v/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 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 Page 7 of 8 Permit NCO074705 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 t I - 11I, I II 7 4"M Charlotte I Terminal Outfall 001 (Flows south) . . . . . . . ... v Ili "3 OX j VA A Approximate Property Boundary NC Hwy 27 Buckeye SE Terminals, L.P. Charlotte I Terminal USGS Quad: Mountain Island Lake, N.C. Latitude: 352 16'45" N Longitude: 80s? 55'30" W Receiving Stream: UT to Paw Creek [11-124] Stream Class: C River Basin: Catawba Sub -Basin: 03-08-34 Of v UT to Paw Creek Facility Location (not to scale) North NPDES Permit NCO074705 I I I Mecklenburg County