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HomeMy WebLinkAboutNC0073181_Owner name Change_20151203,t F Water Resources ENVIRONMENTAL OUALrTy Mr. Christopher Vogler Kinder Morgan Terminals 1500 Greenleaf St Charleston, SC 29405 Dear Mr. Vogler: PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN December 3, 2015 Subject: Minor modification / ownership change NPDES Permit NCO073172 NPDES Permit NCO073181 New Hanover County The Division received your request to transfer ownership of the subject permits on March 16, 2015. The documents were erroneously filed before the modified permits were sent to you. We apologize for the delay in sending your modified permits. These modifications are 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). This modified permits include the following changes from the previous permits: ➢ Section A. (5) has been added to permit NC0073172, and section A. (4) has been added to permit NC0073181. These permits now require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). These conditions document the requirements for participation in the Division eDMR system. If any parts, measurement frequencies or sampling requirements contained in these modifications 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. These permits are not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. These permits do 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 this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov]. .11 Jy, S. Jay Zimmerman, Dire Division of Water Resources cc: Central Files Wilmington Regional Office / Joanne Steenhuis NPDES Unit State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX http://portal.ncdeu.org/web/wq Permit NCO073181 .1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Kinder Morgan Operating LP "C" is hereby authorized to discharge wastewater from outfalls located at the Wilmington River Rd Terminal 3340 River Rd Wilmington New Hanover County to receiving waters designated as an unnamed tributary to the Cape Fear River within the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 3, 2015 This permit and authorization to discharge shall expire at midnight on December 31, 2016. Signed this day December 3, 5 c S.: v.-Zimmerman, P.G., Director I`` 'sion of Water Resources By Authority of the Environmental Management Page 1 of 6 Permit NCO073181 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Kinder Morgan Operating LP "C" is hereby authorized to: 1. Continue discharge stormwater from an existing Surface -Water Pollution Control System consisting of: • Oil / water separator(s) • . Waste holding tank(s) • Wastewater holding pond. The facility is located at the Wilmington River Rd Terminal (3340 River Road, Wilmington) in New Hanover County. 2. Discharge from said treatment facility via Outfall 001 at a specified location (see attached map) into an unnamed tributary to the Cape Fear River, a waterbody currently classified as SC (PNA) waters within subbasin 03-06-17 the Cape Fear River Basin. Page 2 of 6 Permit NCO073181 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER [PCS Code] LIMITS: MQNITQRING RE4UIREMENTS Monthly, Average: :Daily Maximum- Measuremenf: Frequency Sample ` Type Sample Locatlonz Flow (MGD) [500501 Monthly Calculated' Effluent Oil and Grease [00556] 45.0 mg/L Monthly Grab Effluent Total Suspended Solids [00530] 45.0 mg/L Monthly Grab Effluent EPA Method 624 [76029] Semi-annually Grab Effluent EPA Method 625 [76028] Semi-annually Grab Effluent Methanol [77885] Annually Grab. Effluent Acute Toxicity5 [TAE6C] Annually Grab Effluent Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (4)]. 2. All samples shall be taken at the discharge of the pump station. 3. During periods of no flow, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge". Flow may be calculated based on the discharge pump rated capacity multiplied by the total time of the discharge, to the nearest 1,000 gallons. 4. Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 5. Acute Toxicity (Fathead Minnow, 24-hour), Annual testing [see A. (2)]. There shall be no discharge of floating solids or foam visible in other than trace amounts. The permittee shall not discharge tank solids, tank bottom water, or the rag layer. The permittee shall not discharge tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 71.4 µg/L and toluene concentration is less than 11 µg/L. Page 3 of 6 Permit NCO073181 A. (2) ACUTE TOXICITY MONITORING (ANNUAL) The Permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA 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 permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. 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, DWQ Form AT-1 (original) is to be sent to the following address: Attention: NC DEQ / Division of Water Resources Water Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch 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 Division 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. A. (3) PERMIT RE -OPENER: TMDL IMPLEMENTATION The Division may,. upon written notification to the Permittee, re -open this Permit in order to incorporate or modify effluent limitations, monitoring and reporting requirements and other permit conditions when it deems such action is necessary to implement TMDL(s) approved by the U.S. EPA. Page 4 of 6 Permit NCO073181 A. (4) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. 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. Reuorting [Supersedes Section D. (2.) and Section E.(5.)�a)1 Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting 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 / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, NC 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. Requests for temporary waivers from the NPDES electronic reporting requirements 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 using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be Page 5 of 6 Permit NCO073181 submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://Portal.ncdenr.org/web/wg/admin/boa,/iDu/edmr 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. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part 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://portal.nedenr.org/web/wg/admin/bog/iplvedmr 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." 3. Records Retention [Supplements Section 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 6 of 6 r , y jTaa s 17i Outfa11001=;1 (tidal conditions) �y u xl NCO073181 Wilmington River Rd Terminal State Grid/Quad: K 27 NW / Wilmington Drainage Basin: Cape Fear Sub -Basin: 03-06-17 Stream Class: SC Latitude: 340 10' 43" N Longitude: 780 57' 16" W Receiving Stream, UT to the Cape Fear River *6 * '0 0 . : RU72EDGE /•Li • — Approximate property �� perimeter Tank •• Ilk._- Facility Location not to scale North --;iU, C' k\\ In X New Hanover County Map not to scale "!MORGAN KINDER; TERMINALS March 13, 2015 Mr. Charles Waklid Director, Division of Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: Permit Name/ Ownership Change Request NPDES Permit No. NCO073181 NPDES Permit No. NCO073172 RECEIVEDIDENR/DWR MAR 16 2015 Water Quality Permitting Sectior Please find enclosed two (2) permit name/ ownership change request applications for the Vopak Terminal Wilmington sites located at 3340 River Road and 1710 Woodbine Street. Kinder Morgan has acquired the former Vopak Terminals located at above referenced locations. Due to the acquisition the company name for both permits has changed. The new company names are Kinder Morgan Wilmington River Road (NPDES Permit No. NC0073181) and Kinder Morgan Wilmington Woodbine Street (NPDES Permit No. NC0073172). It should be noted that site contact information has also changed. The local site contact for both locations is now Michael Alexander, Safety Specialist, who can be contacted at (910) 763-0104 or michael_alexander2@kindermorgan.com. We would also like to add Margaret Sembos as an additional facility contact, who is located in Charleston, SC and will be regional environmental support for the Wilmington terminals. Her contact information is (843) 853-0453 or margaret_sembos@kindermorgan.com. Should you have any questions or require additional information, please do not hesitate to contact me at (843) 853-0453 or christopher_vogler@kindermorgan.com. Reg�l/ Christopher Vogl Compliance Assurance Manager Kinder Morgan Terminals cc: Michael Alexander, EHS/ Site Operations; Kinder Morgan Wilmington River Road and Woodbine Street Terminals Margaret Sembos, Sr. EHS Specialist, South East Region, Kinder Morgan Terminals, Charleston, SC KMT Core Principles Safety Will Not Be Compromised -Environmentally Compliant and Responsible Operator- Ethics and Integrity Commitment to Employees and Resources -Customer Service and Fiscal Responsibility -Quality Focus RECEIVEDIDENR/DWF �,TA MAR 1 6 201h NCDENR PeWater Quality rmitting Sectior North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Donald R. van der Vaart Governor WATER QUALITY PERMITTING SECTION Secretary PERMIT NAME/OWNERSHIP CHANGE REQUEST This form is for ownership changes or name changes of NPDES wastewater permits. • "Permittee" refermices the existing permit holder • "A lieant" references the entityapplying for the ownership/name change. 1. NPDES Permit No. ({or which the change is requester!): N C 0 0 7 3 1 g 1 or Certificate of Coverage'#: N C Cr 5 II. Existing Permittee Information: a. Permit issued to (company name): Vopak Terminal Wilmington b. Person legally responsible for pemilt Branden Jones First MI Last Manager, SHEQ - East Coast Title 1710 Woodbine Street Permit Holder Mailing Address Wilmington NC 28401- City State Zip Phone Fax c. Facility name: Vopak Terminal South Wilmington d. facility's physical address: 3340 River Road Address Wilmington NC 28412- City State Zip c. Facility contact person: Branden Jones ( ) First / MI ! Last Phone Ill. Applicant Information: a. Request for change is a result of. ® Change in ownership of the facility ❑ Name change of the facility or owner if other please explain: b. Permit issued to (company name): Kinder Morgan Operating LP "C" c. Person legally responsible for permit: Arthur Rudolph First M1 Last Vice President of Operations, Eastern Area Title 1500 Greenleaf St. Permit Holder Mailing Address Charleston SC 29405- City State Zip nrthur_ rudelph{rgki ndermorgan.c (843)853-0453 om Paga 1 4 2 R�.aeJ '�1i1->ill f �:vex 'Road d. Facility name: Kinder Morgan Wiltnington e. Facility's physical address: 3340 River Road Address Wilmington NC 28412- City State Zip f Facility contact person: Christopher M Vogler First MI Last Compliance Assurance Manager - Eastem Area Title christopher vogler@kindermorg (843) 853-0453 an.com Phone E-mail Address IV. Will the permitted facility continue to conduct the same commerciallindustrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) If applicable, the applicant shall submit a major permit modification request to DWR. A major modification shall be defined as one that increases the volume, increases the pollutant load, results in a significant relocation of the discharge point, or results in a change in the characteristics of the waste generated. V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE. INCOMPLETE OR MISSING: 1. This completed application is required for both name change and/or ownership change requests. 2. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is reauired for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Applicable regulations: 40 CFR 122.41, 40 CFR 122.61 and 15A NCAC 02H .0114 ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change (Permittee), and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, P r 4ND C�i \ s A/ J , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature t Date APPI CANT CERTIFICATION 1, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this y plicalion ale not completed and that if all required supporting information is not included, this ap%pltn ckage wt f e re rn to incomplete. 144� �) -aS-IS / ig lature Date ✓/ a+rr:aarraarr+a+rararaa+xa PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: NPDES PERMIT NANIE/OWNERSHIP CHANGE REQUEST Page 2 of 2 Rerhed 7,111/7014