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Home My WebLink AboutNC0027227_Fact Sheet_20240222DENR / DWR / NPDES EXPEDITED FACT SHEET - NPDES PERMIT RENEWAL Permit NCO027227 Joe R. Corporon, P.G. updated 151762024 Facility Information Applicant Sunoco Midstream LLC Change of Ownership O1Jun2023 —previously Zenith Energy Terminals Holdings, LLC Facility Name / Address Sunoco Midstream — Selma 3900 Essex Lane, Suite 7001 Houston, TX 77027 Contact Creg Kumpel, Sr. Director of Pipeline and Terminal Operations 8111 Westchester Drive, Suite 600 Dallas TX 75225 Permitted Flow (MGD) Not limited Type of Waste Stormwater and routine maintenance wastewaters are held in proximity to above -ground storage tanks (ASTs) and piping containing fuel hydrocarbons exceeding one (1) million gallons. Facility Class WPCS PCNC [two (2) oil/water separators] County Johnston Permit Status Renewal Regional Office RRO Stream Characteristics Receiving Stream UT to Mill Creek Stream Classification WS-IV; NSW Stream Segment 27-40 Drainage basin Neuse River HUC 030202011105 Summer 7Q10 (cfs) 0.0 Subbasin 03-04-02 Winter 7Q10 (cfs) 0.0 Use Support 30Q2 (cfs) 0.0 303(d) Listed No Average Flow (cfs) 0.0 State Grid E25SE IWC (%) 1 100 USGS Topo Quad Selma, NC Facility Summary -- Sunoco Midstream — Selma confines stormwater and routine maintenance wastewater behind bermed areas [dikes] as secondary containment for product piping and above -ground storage tanks (ASTs). Dikes are equipped with pipe drains controlled by hand -operated valves, normally closed. This controlled discharge constitutes a point source discharge to the environment. Because this facility stores fuel hydrocarbons exceeding one (1) million gallons, Sunoco Midstream — Selma is specifically excluded from coverage under North Carolina Stormwater Regulations. For Renewal — After review of Monthly Discharge Monitoring Reports (eDMRs), many analytes were not detected above their respective laboratory practical quantitation level (PQL). However, the current parameter monitoring and sampling regimen is judged appropriate to monitor ongoing site activities discharging to Water Supply waters [WS-IV; NSW]. Therefore, permit limits and monitoring will not be relaxed but remain unchanged for renewal [see permit section A. (1.)], consistent with EPA regulations against anti -backsliding [CWA section 402(o)(1)]. RPA - Reasonable Potential Analysis (RPA) was not conducted on effluent parameters because relevant parameters of concern (POCs) were not detected (see above). Fact Sheet Renewal Update Feb2024 -- NPDES Permit NC0027227 Page 1 Renewal Summary 1. Updated facility description and Site Vicinity Map. 2. Updated Electronic Reporting text [A. (3)]. 3. Updated footnote 4 to table A. (1.) 4. Updated to current language Additional Monitoring and Reporting, section A (4). Proposed Schedule for Permit Issuance Draft Permit to Public Notice: September 26, 2023 Submitted for Final signature: February 15, 2024 [Tentative] Permit Scheduled to Issue: February 29, 2024 [Tentative] Effective date April 1, 2024 Note: permit issuance was delayed due to personnel scheduling and State signatory issues. NPDES Division Contact If you have questions about this Fact Sheet or above the attached draft permit, please email Joe R. Corporon, P.G. Doe.corporon@ncdenr.gov]. NAME: 1\i LL�O 1111 G111C11LQl 11 Vl 111S11 CQlll L1JJVl V CU 1V1ClQ1S O1Q11UQl US - r 1 CSII W QICI O1Q11UQ1 UJ The NC 20 -2015 W ter Quality Standard (WQS) Triennial Review was approved by the NC Environmental Management Commission (EMC) on November 13, 2014. The US EPA subsequently approved the WQS revisions on April 6, 2016, with some exceptions. Therefore, metal limits in draft permits out to public notice after April 6, 2016 must be calculated to protect the new standards - as approved. Table 1. NC Dissolved Metals Water Quality Standards/Aquatic Life Protection Parameter Acute FW, µg/1 (Dissolved) Chronic FW, µg/1 (Dissolved) Acute SW, µg/1 (Dissolved) Chronic SW, µg/l (Dissolved) Arsenic 340 150 69 36 Beryllium 65 6.5 --- --- Cadmium Calculation Calculation 40 8.8 Chromium III Calculation Calculation --- --- Chromium VI 16 11 1100 50 Copper Calculation Calculation 4.8 3.1 Lead Calculation Calculation 210 8.1 Nickel Calculation Calculation 74 8.2 Silver Calculation 0.06 1.9 0.1 Zinc Calculation Calculation 90 81 Fact Sheet Renewal Oct2023 -- NPDES NC0027227 Page 2 Table 1 Notes: 1. FW= Freshwater, SW= Saltwater 2. Calculation = Hardness dependent standard 3. Only the aquatic life standards listed above are expressed in dissolved form. Aquatic life standards for Mercury and selenium are still expressed as Total Recoverable Metals due to bioaccumulative concerns (as are all human health standards for all metals). It is still necessary to evaluate total recoverable aquatic life and human health standards listed in 15A NCAC 2B.0200 (e.g., arsenic at 10 µg/l for human health protection; cyanide at 5 µg/L and fluoride at 1.8 mg/L for aquatic life protection). Table 2. Dissolved Freshwater Standards for Hardness -Dependent Metals The Water Effects Ratio (WER) is equal to one unless determined otherwise under 15A NCAC 02B .0211 Subparagraph (11)(d) Metal NC Dissolved Standard, /1 Cadmium, Acute WER*{1.136672-[ln hardness] (0.041838){ e"10.9151 [ln hardness]-3.1485 { Cadmium, Acute Trout waters WER*{1.136672-[ln hardness] (0.041838)} el, {0.9151[ln hardness] -3.6236{ Cadmium, Chronic WER*{1.101672-[ln hardness] (0.041838)} e"{0.7998[ln hardness] -4.4451 { Chromium III, Acute WER*0.316 • e^{0.8190[ln hardness]+3.7256} Chromium III, Chronic WER*0.860 eA10.8190[ln hardness]+0.6848} Copper, Acute WER*0.960 e^{0.9422[ln hardness]-1.700} Copper, Chronic WER*0.960 e^{0.8545[ln hardness]-1.702} Lead, Acute WER* { 1.46203-[ln hardness](0.145712)} • e^ { 1.273 [ln hardness]- 1.460 { Lead, Chronic WER* {1.46203-[ln hardness](0.145712)} • eAl1.273[ln hardness]- 4.705 } Nickel, Acute WER*0.998 e^{0.8460[ln hardness]+2.255} Nickel, Chronic WER*0.997 e^{0.8460[ln hardness] +0. 05 841 Silver, Acute WER*0.85 • eAl1.72[ln hardness]-6.59} Silver, Chronic Not applicable Zinc, Acute WER*0.978 eA10.8473[ln hardness]+0.884} Zinc, Chronic WER*0.986 eA10.8473[ln hardness]+0.884} Fact Sheet Renewal Oct2023 -- NPDES NCO027227 Page 3 General Information on the Reasonable Potential Analysis (RPA) The RPA process itself did not change as the result of the new metals standards. However, application of the dissolved and hardness -dependent standards requires additional consideration in order to establish the numeric standard for each metal of concern of each individual discharge. The hardness -based standards require some knowledge of the effluent and instream (upstream) hardness and so must be calculated case -by -case for each discharge. Metals limits must be expressed as `total recoverable' metals in accordance with 40 CFR 122.45(c). The discharge -specific standards must be converted to the equivalent total values for use in the RPA calculations. We will generally rely on default translator values developed for each metal (more on that below), but it is also possible to consider case -specific translators developed in accordance with established methodology. RPA Permitting Guidance/WQBELs for Hardness -Dependent Metals - Freshwater The RPA is designed to predict the maximum likely effluent concentrations for each metal of concern, based on recent effluent data, and calculate the allowable effluent concentrations, based on applicable standards and the critical low -flow values for the receiving stream. If the maximum predicted value is greater than the maximum allowed value (chronic or acute), the discharge has reasonable potential to exceed the standard, which warrants a permit limit in most cases. If monitoring for a particular pollutant indicates that the pollutant is not present (i.e. consistently below detection level), then the Division may remove the monitoring requirement in the reissued permit. 1. To perform an RPA on the Freshwater hardness -dependent metals the Permit Writer compiles the following information: • Critical low flow of the receiving stream, 7Q10 (the spreadsheet automatically calculates the 1 Q 10 using the formula 1 Q 10 = 0.843 (s7Q 10, cfs) 0.993 • Effluent hardness and upstream hardness, site -specific data is preferred • Permitted flow • Receiving stream classification 2. In order to establish the numeric standard for each hardness -dependent metal of concern and for each individual discharge, the Permit Writer must first determine what effluent and instream (upstream) hardness values to use in the equations. The permit writer reviews DMR's, Effluent Pollutant Scans, and Toxicity Test results for any hardness data and contacts the Permittee to see if any additional data is available for instream hardness values, upstream of the discharge. If no hardness data is available, the permit writer may choose to do an initial evaluation using a default hardness of 25 mg/L (CaCO3 or (Ca + Mg)). Minimum and maximum limits on the hardness value used for water quality calculations are 25 mg/L and 400 mg/L, respectively. If the use of a default hardness value results in a hardness -dependent metal showing reasonable potential, the permit writer contacts the Permittee and requests 5 site -specific effluent and upstream hardness samples over a period of one week. The RPA is rerun using the new data. The overall hardness value used in the water quality calculations is calculated as follows: Fact Sheet Renewal Oct2023 -- NPDES NCO027227 Page 4 Combined Hardness (chronic) = (Permitted Flow, cfs *Ave. Effluent Hardness, me/L) + (s7Q10, cfs *Ave. Upstream Hardness, mg/L) (Permitted Flow, cfs + s7Q 10, cfs) The Combined Hardness for acute is the same but the calculation uses the IQ 10 flow. 3. The permit writer converts the numeric standard for each metal of concern to a total recoverable metal, using the EPA Default Partition Coefficients (DPCs) or site -specific translators, if any have been developed using federally approved methodology. EPA default partition coefficients or the "Fraction Dissolved" converts the value for dissolved metal at laboratory conditions to total recoverable metal at in -stream ambient conditions. This factor is calculated using the linear partition coefficients found in The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit from a Dissolved Criterion (EPA 823-B-96-007, June 1996) and the equation: Cdiss - 1 Cmal 1 + f [Kpp] [SS(I+a)] [10-6] 1 Where: ss = in -stream suspended solids concentration [mg/1], minimum of 10 mg/L used, and Kpo and a = constants that express the equilibrium relationship between dissolved and adsorbed forms of metals. A list of constants used for each hardness -dependent metal can also be found in the RPA program under a sheet labeled DPCs. 4. The numeric standard for each metal of concern is divided by the default partition coefficient (or site -specific translator) to obtain a Total Recoverable Metal at ambient conditions. In some cases, where an EPA default partition coefficient translator does not exist (ie. silver), the dissolved numeric standard for each metal of concern is divided by the EPA conversion factor to obtain a Total Recoverable Metal at ambient conditions. This method presumes that the metal is dissolved to the same extent as it was during EPA's criteria development for metals. For more information on conversion factors see the June, 1996 EPA Translator Guidance Document. The RPA spreadsheet uses a mass balance equation to determine the total allowable concentration (permit limits) for each pollutant using the following equation: Ca = (s7Q10 + Qw) Cwgs) — (s7Q10) (Cb) QW Where: Ca = allowable effluent concentration (µg/L or mg/L) Cwqs = NC Water Quality Standard or federal criteria (µg/L or mg/L) Cb = background concentration: assume zero for all toxicants except NH3* (µg/L or mg/L) Qw = permitted effluent flow (cfs, match s7Q10) s7Q10 = summer low flow used to protect aquatic life from chronic toxicity and human health through the consumption of water, fish, and shellfish from noncarcinogens (cfs) Fact Sheet Renewal Oct2023 -- NPDES NCO027227 Page 5 * Discussions are on -going with EPA on how best to address background concentrations Flows other than s7Q 10 may be incorporated as applicable: IQ 10 = used in the equation to protect aquatic life from acute toxicity QA = used in the equation to protect human health through the consumption of water, fish, and shellfish from carcinogens 30Q2 = used in the equation to protect aesthetic quality 6. The permit writer enters the most recent 2-3 years of effluent data for each pollutant of concern. Data entered must have been taken within four and one-half years prior to the date of the permit application (40 CFR 122.21). The RPA spreadsheet estimates the 95th percentile upper concentration of each pollutant. The Predicted Max concentrations are compared to the Total allowable concentrations to determine if a permit limit is necessary. If the predicted max exceeds the acute or chronic Total allowable concentrations, the discharge is considered to show reasonable potential to violate the water quality standard, and a permit limit (Total allowable concentration) is included in the permit in accordance with the U.S. EPA Technical Support Document for Water Quality -Based Toxics Control published in 1991. 7. When appropriate, permit writers develop facility specific compliance schedules in accordance with the EPA Headquarters Memo dated May 10, 2007 from James Hanlon to Alexis Strauss on 40 CFR 122.47 Compliance Schedule Requirements. 8. The Total Chromium NC WQS was removed and replaced with trivalent chromium and hexavalent chromium Water Quality Standards. As a cost savings measure, total chromium data results may be used as a conservative surrogate in cases where there are no analytical results based on chromium III or VI. In these cases, the projected maximum concentration (95th %) for total chromium will be compared against water quality standards for chromium III and chromium VI. 9. Effluent hardness sampling and instream hardness sampling, upstream of the discharge, are inserted into all permits with facilities monitoring for hardness -dependent metals to ensure the ac curacy of the permit limits and to build a more robust hardness dataset. 10. Table 3 - Hardness and flow values used in the Reasonable Potential Analysis for this permit included: Parameter Value Comments (Data Source) Average Effluent Hardness (mg/L) Not applicable [Total as, CaCO3 or (Ca+Mg)] Average Upstream Hardness (mg/L) Not applicable [Total as, CaCO3 or (Ca+Mg)] 7Q 10 summer (cfs) 0.0 Zero flow conditions [7Q10 and 30Q2 = 0.0 cfs 1 Q 10 (cfs) 0.0 Zero flow conditions [7Q10 and 30Q2 = 0.0 cfs Permitted Flow (MGD) Not Average previous cycle 1.83 limited MGD over 11 discharges Fact Sheet Renewal Oct2023 -- NPDES NCO027227 Page 6 30hustonlan news AFFIDAVIT OF PUBLICATION State of Florida. County of Charlotte, ss. Bailee Liston, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Johnstonian News, a newspaper printed and published in the City of Smithfield, County of Johnston, State of North Carolina, and that this affidavit is Page 1 of 1 with the full text of the sworn -to notice set forth on the pages that follow, and the hereto attached: PUBLICATION DATES: Sep. 27, 2023 NOTICE ID: L7gVaK3KcaXEYCzicGLp NOTICE NAME: Wastewater Permit NCO027227 Sunoco Midstream Publication Fee: 71.00 I declare Linder penalty of perjury under the laws of North Carolina that the foregoing is true and correct. _&44w, .Q ca� (s,gnea)_ VERIFICATION State of Florida County of Charlotte Subscribed in my presence and sworn to before me on this: 09/27/2023 �aurosS� Notarv. Public Notarized online using audio -video communication Public Notice North Carolina Environmental Man- agement Commission/NPDES Unit 1617 Mail Service Center Raleigh. NC 27699-1617 Notice of Intent to Issue a NPDES Wastewater Permit NCO027227 Sunoco Midstream -Selma The North Carolina Environmental Man- agement Commission proposes to issue a NPDES wastewater discharge permit to the persons) listed below Written comments regarding the proposed permit will be accepted until 30 days after the publish date of this notice The Director of the NC Division of Water Resources (DWR) may hold a public hearing should there be a significant degree of public inter- est. Please mail comments and/or information requests to DWR at the above address. Interested persons may visit the DWR at 512 N. Salis- bury Street, Raleigh, NC 27604 to review the information on file. Additional information on NPDES permits and this notice may be found on our website: https://deq nc.gov/public-notices-hearings,or g (919) 707-3601. Sunoco R*tre tm, LLC requests renewal Notary Public state otrAg,1QF permit NCO027227 for its Come m bulk -storage terminal, Expire s' # H27 elma,Johnston County, discharg- Expires o n+ay z� zo i fhg trey ed storrnwater to a UT to Mill Cr ek. Neuse River Basin. urren y, Total Suspended Solids (TSS) are water -quality limited. This discharge may affect future wasteload allocations in this portion of the watershed The Johnstontan September 27 2023 RACHAEL Wastewater Permit NCO027227 Sunoco Midstream - Page 1 of 1 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director NORTH CAROLINA EhvimnnmW Quality November 13, 2018 Clayton Curtis Zenith Energy Terminals Holdings, LLC 6507 Holly Ridge Road Rougemont, NC 27572 Subject: Issuance of NPDES Permit - NCO027227 Class PCNC Zenith Energy — Selma 2999 West Oak Street, Selma Johnston County Dear Mr. Curtis: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge 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). 2018. This final permit includes no major changes from the draft permit sent to you on September 05, The following minor change was made to the draft permit: • A monthly average limit of 30.0 mg/L was added for TSS in section A.(1.) If any parts, measurement frequencies or sampling requirements contained in this permit 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. 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 any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Emily DelDuco at emily.delducota)ncdenr.gov or at the number listed below. rely, G Linda Culpepper Interim Director cc: NPDES files ec: Raleigh Regional Office North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9125 Permit NCO027227 PCNC [I5A NCAC 08G .0302] STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE STORMWATER/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, Zenith Energy Terminals Holdings, LLC is hereby authorized to discharge stormwater/wastewater from an outfall located at the Zenith Energy Selma Terminal 2999 West Oak Street, Selma Johnston County to receiving waters designated as an unnamed tributary of Mill Creek within the Neuse 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 December 1, 2018. This permit and authorization to discharge shall expire at midnight on March 31, 2023. Signed this day November 13, 2018. r 1- i r l a Culpepper, Interim Dir r bivision of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NCO027227 PCNC [15A NCAC 08G .0302] 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. Zenith Energy Terminals Holdings, LLC is hereby authorized to: 1. continue to operate a Surface -Water Pollution Control System to manage stormwater and related petroleum -contact water held in proximity to above -ground storage tanks (ASTs) and appurtenant piping for the distribution of hydrocarbon fuels [surface bulk -storage exceeding one (1) million gallons], the system consisting of - truck -loading rack with stormwater containment [petroleum -contact water containerized and recycled offsite]; • two (2) each oil/water separators • earthen berms [dikes] surrounding ASTs [secondary -containment areas] • gravity drain piping with discharge sample point and gate valve, hand - operated, normally closed located at the ARC Selma Terminal, 2999 West Oak Street, Selma; then 2. discharge from said treatment works via Outfall 001, located on the attached map, to an unnamed tributary (UT) to Mill Creek [Stream Segment: 27-40; HUC: 030202011105], a waterbody currently classified WSJV; NSW within Subbasin 03-04-02 of the Neuse River Basin. Page 2 of 7 Permit NCO027227 PCNC [15A NCAC 08G .0302] Part I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 02B.0500 et seq.] Beginning upon the effective date and lasting until permit expiration, the Permittee is authorized to discharge treated wastewater/stormwater from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS (Parameter Codes) LIMITS MONITORING REQUIREMENTS 1 Monthly Average Daily Maximum Measurement Frec uenc► Sample Type Sample Location Flow 2 50050 Episodic 2 Effluent Total Suspended Solids C0530 30.0 m 45.0 mg/L Monthly Grab Effluent Turbidity 00076 Monthly Grab Effluent Oil and Grease 3 00552 Monthly Grab Effluent Benzene 3 34030 Monthly Grab Effluent Toluene 3 34010 Monthly Grab Effluent Eth bbenzene 3 34371 Monthly Grab Effluent X lene 3 81551 Monthly Grab Effluent Naphthalene 3 34696 Monthly Grab Effluent Total Recoverable Phenolics 3 32730 Monthly Grab Effluent MTBE 3 22417 Semi-annually Grab Effluent EPA Method 6244 76029 Semi-annually Grab Effluent EPA Method 6254 76028 Semi-annually Grab Effluent WET Testing 5 TAE6C Annually 5 Grab Effluent Footnotes: 1. The permittee shall submit discharge Monitoring Reports electronically using NCDWR's eDMR application system. See Special Conditions A. (3.). 2. Flow — If no flow occurs within a given month, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No flow" or "No Discharge." Flow shall be monitored with each discharge event and may be monitored in one of four ways: a. measure flow continuously; b. Rational Method -- calculate flow based on total rainfall per unit area, including built -on area draining to the outfall; c. estimate flow at 20-minute intervals during the entire discharge event; or d. report flow based on discharge pump logs. 3. Samples to be collected concurrently with WET -Test sampling. 4. For the eDMR application system, any detections shall be reported by entering "1" [Yes (Y) = 1 ] and no detection shall be reported by entering "0" [NO (N) = 01. Any detections for Total Purgeables Organics (EPA Method 624) or Base Neutrals & Acids (EPA Method 625) shall be noted in the comments section by noting the compound detected and reported concentration. Laboratory reports shall be kept on file in accordance with records retention requirements found in Part II. Section D. 6. 5. Whole Effluent Toxicity (WET) Testing — Acute WET testing has been relaxed from Quarterly to Annually based on past compliance. Testing will continue Annually provided that the Permittee maintains WET -test results showing "pass" [LC50 > 100%] for each annual event. If WET -test results show "fail" [LC50 < 100%] the sampling frequency shall immediately increase to Quarterly in accord with Section A. (2.), and the Permittee shall not regain eligibility for annual testing frequency except after five (5) consecutive calendar quarters showing "Pass." Conditions: 1. The Permittee shall discharge no floating solids or foam. 2. The Permittee shall discharge no tank solids, tank bottom water, or tank rag layer. 3. Following hydrostatic tank testing, the Permittee shall discharge no tank (or pipe) contents with concentrations of benzene exceeding 1.19 µg/L or toluene greater than 11 µg/L. Page 3 of 7 Permit NCO027227 PCNC [15ANCAC 08G .0302] A. (2.) ACUTE TOXICITY MONITORING - LIMITED (ANNUAL) [I 5A NCAC 02B.02001 ACUTE TOXICITY MONITORING (EPISODIC) Petroleum Bulk Storage The Permittee shall conduct quarterly acute toxicity tests [except when relaxed to Annual monitoring] using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents 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 below all waste treatment. The tests will be performed on a discharge event during each quarter (January -March, April -June, July -September, October - December), exc t when relaxed to Annual monitorin . Should there be no discharge [no flow] from the facility during a quarter in which toxicity monitoring is required, 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 Environmental Sciences Section at the address cited below. The parameter code for this test 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 Environmental Sciences Section 1621 Mail Service Center Raleigh, N.C. 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental 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 7 Permit NCO027227 PCNC [15A NCAC 08G .0302] A (3.) ELECTRONIC REPORTING - 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 • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporfin2 Re uirements ISupersedes 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. 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 DEQ / 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. 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, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Page 5 of 7 Permit NCO027227 PCNC [15ANCAC 08G .0302] • 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 appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: ht ://www2.e a. rov/coin liance/final-national- ollutant-dischar e-elimination-s stem-n des- electronic-r ortin -rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Re ortin 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://dgg.nc.gov/about/divisions/Water-resources/edmr Page 6 of 7 Permit NC0027227 PCNC [15A NCAC 08G .0302] 4. Simatory Requirements [Supplements Section B. 11. h and Supersedes Section B. 11. fE All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(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: hqp://dgq.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: "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.)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 7 of 7 Zenith Energy Terminals Holdings, LLC Sulk Storage — 2999 W. Oak Street, Selma State Grid/Ouad: E 25 SE / Selma, NC Sub -Basin: 03-04-02 ermitted Flow: Episodic -- not limited Stream Class: WS-IV; NSW Receiving Stream: UT of Mill Creek Stream S ent: 27-40 Drainage Basin: Neuse River Basin HUC: 030202011105 Facility Location not to scale NOYth NPDES Permit NCO027227 Johnston County