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HomeMy WebLinkAboutNC0006351_Draft Permit_20240416ROY COOPER Governor ELIZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director Mr. Shawn Turner, Plant Manager Venator Chemicals, LLC. 5910 Pharr Mill Rd Harrisburg, NC 28075 Dear Mr. Turner: Sri �n NORTH CAROLINA Err i.rOFI r,eretal Qr2011ty March 13, 2024 Subject: Draft NPDES Permit NC0006351 Venator Chemicals, LLC. Grade II PC WPCS Cabarrus County The Division has reviewed your application for renewal of NPDES permit NC0006351. The Division has made a tentative determination to reissue the permit, with modifications, and is enclosing the draft permit for your review and comment. Please review this draft carefully to ensure a thorough understanding of the requirements and conditions it contains. The following changes were made to the draft permit sent to you on January 4, 2024: 1 Annual effluent PFAS sampling was added based on comments received during public comments. 2 Effluent daily maximum and monthly average for Copper were revised based on ELG 415 AJ calculation due to additional information from the facility indicating Copper Nitrate is being produced. 3 Toxicity sampling months were revised in attempt to correspond to days Copper nitrate is produced. This second draft of the permit maintains the following significant changes identified in the letter sent on January 4, 2024: 1 Upstream and effluent hardness data quarterly monitoring sampling requirements were added. The Division has adopted new dissolved metal standards for the state, and the NPDES branch is required to implement the standards in all permits advertised for public review after April 6, 2016. 2 Currently, monthly monitoring for BOD5 and TSS is required in the permit. The permit renewal application noted two SIC codes on the 2018 renewal application: 2819 and 2879. 15A NCAC 2B .0508 requires Class II facilities with SIC codes ranging from 2800 to 2899 to monitor for BOD5 and TSS at weekly frequencies. As such, the monitoring frequencies of BOD5 and TSS have been changed from monthly to weekly. 3 Selenium monthly average loading limit changed to 0.108 lb/day. D � � North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 NORTH CARCLINA 919.707.9000 4 Schedule of compliance for storage lagoon lining and reconfiguration was added. Concurrent with this notification the Division is publishing a notice in a newspaper having circulation in the general Rowan County area, soliciting public comments on this draft permit. Please provide any written comments you may have to the following: NCDEQ/DWR, NPDES Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 no later than 30 days after receipt of this draft permit. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final permit. If you have questions concerning this draft permit, please contact me at (704) 235-2190 or by email at ori.tuvia(&deq.nc.gov. Sincerely, DocuSigned by: 6 1i BB057A2DE017498... Ori Tuvia Environmental Engineer III NC DEQ / Division of Water Resources/ Permitting NPDES Files (Laserfiche) MRO / Andrew Pitner [andrew.pitner@deq.nc.gov] WSS/Aquatic Toxicology Branch/ Cindy Moore & Molly Nicholson Joana Stein (JonnaSgchemspec.com) US EPA Region 4 D North Carolina Department of Environmental Quality Division of Water Resources 512 EQ�) North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 NORTH CAROLINA � o.O� /� 919.707.9000 Permit NC0006351 PART I 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 In compliance with the provision 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, Venator Chemicals, LLC is hereby authorized to discharge wastewater from a facility located at Venator Chemicals, LLC 5910 Pharr Mill Road Harrisburg Cabarrus County to receiving waters designated as the Rocky River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I,1I, III and IV hereof. This permit shall become effective Month xx, 2024. This permit and authorization to discharge shall expire at midnight on Month XX, 2029. Signed this day Month xx, 2024. DRAFT Douglas Dowden Environmental Programs Supervisor II Industrial Permitting Unit Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 11 Permit NC0006351 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. Venator Chemicals, LLC is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of the following components: ➢ Alkali feed system ➢ Solids mixing tank ➢ Three (3) reaction tanks for pH adjustment, ➢ Two -acre unlined storage lagoon (SWMU-5), ➢ Instrumented flow measurement with a V-notch weir ➢ 1/2-acre lined storage lagoon ➢ 2 filter trains, each with 2 filters During this permit cycle a facility reconfiguration and lining of the SWMU-5 wastewater treatment lagoon is planned. During the reconfiguration process, while the lagoon is out of service, its portion of the wastewater treatment process will be replaced by two temporary lake tanks with a total capacity of 1.2 million gallons. The reconfigured lagoon will consist of a two -acre lined storage lagoon with 3.6 Million gallons capacity. The temporary storage tanks and final lagoon design is subject to potential changes. The facility is located at 5910 Pharr Mill Road, Harrisburg, Cabarrus County; and 2. Discharge from said treatment works via outfall 001, at the location specified on the attached map into the Rocky River which is classified C waters in sub -basin 03-07-11 of the Yadkin -Pee Dee River Basin. Page 2of11 Permit NC0006351 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq.,15A NCAC 02B .0500 et seq.] Grade II Physical/Chemical Water Pollution Control System [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 from outfall(s) serial number 001. Such discharges shall be limited and monitored5 by the Permittee as specified below: PARAMETER Parameter Code EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow (MGD) 50050 0.025 Continuous Recording I or E BOD, 5-day, 20°C C0310 Monitor and report Weekly Grab E Total Suspended Solids C0530 (TSS), lbs/day 2.0 3.0 Weekly Grab E Ammonia (NI 13 as N), C0610 lbs/day 2.0 3.0 Weekly Grab E Arsenic, lbs/day 01002 0.208 0.416 2/Month Grab E Total Chromium, lbs/day 01034 0.104 0.200 2/Month Grab E Total Copper2°3, lbs/day 01042 0.035 0.11 2/Month Grab E Total Selenium, lbs/day 01147 0.108 0.416 2/Month Grab E Total Zinc, lbs/day 01092 0.313 0.626 2/Month Grab E Total Lead, lbs/day 01051 0.01 0.037 2/Month Grab E Total Nickel (ug/L) 01067 Monitor and report 2/Month Grab E pH 00400 Between 6.0 and 9.0 s.u. Weekly Grab E Hardness- Total as 00900 CaCO3 (mg/L) Monitor and report Quarterly Grab E, U 4 PFAS (ng/L) 5 various Monitor and report Annually Grab E Chronic Toxicity 6 TGP3B/THP3B Quarterly Composite E Footnotes: 1. Sample Locations: I — Influent, E — Effluent, U - Upstream. 2. Metal sampling shall be performed in conjunction with total hardness effluent sampling. 3. New production limits see condition A. (4). 4. The permittee shall sample instream hardness upstream of the facility's discharge at the railroad bridge at Hwy 49. The sample shall be representative of the hardness in the receiving stream. If the permittee is a member of a monitoring coalition program, sampling for instream hardness may be waived as long as the monitoring coalition agrees to sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the permittee has obtained approval from DWR-NPDES Permitting Unit that the upstream station being monitored by the Coalition is representative of the receiving stream for this discharge. The permittee is responsible for submitting instream hardness test results with its permit renewal application package. If Coalition membership is cancelled or the Page 3 of 11 Permit NC0006351 Coalition terminates instream hardness sampling at the approved station, the permittee will immediately notify the Division and resume sampling for instream hardness upstream of its discharge. 5. Follow Special Condition A.(3.). 6. Chronic Toxicity (Ceriodaphnia) P/F @ 0.96%; sampling shall be done once every calendar quarter and should correspond to days where the facility is producing Copper Nitrate. If the facility does not produce Copper nitrate during the calendar quarter or is not discharging during the days corresponding to production the facility shall still sample once every calendar quarter; See condition A. (2.) of the Supplement to Effluent Limitations and Monitoring Section of this permit. . 7. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (7)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) [15A NCAC 02B.0200] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 0.96%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," (Revised December 2010, or subsequent versions) or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised December 2010, or subsequent versions). The tests will be once every calendar quarter and should correspond to days where the facility is producing Carbon Nitrate. If the facility does not produce Carbon nitrate during the calendar quarter or is not discharging during the days corresponding to production the facility shall still sample once every calendar quarter. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010, or subsequent versions). All toxicity testing results required as part of this permit condition will be entered electronically using the Divisions eDMR system for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, NC 27699-1621 Page 4 of 11 Permit NC0006351 Or, results can be sent to the email, ATForms.ATB@deq.nc.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, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month 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 Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three-month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement 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, minimum control organism reproduction, 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.) PFAS MONITORING REQUIREMENT [G.S. 143-215.1(b.)] This reporting requirement for the per- and polyfluoroalkyl substances (PFAS) parameters listed under Table 1 of EPA Method 1633 takes effect the first full calendar quarter following six (6) months after EPA publishes the method under 40 CFR Part 136 in the Federal Register. Monitoring will be at an Annual frequency. Find the current parameters listed under Table 1 of the Method 1633 Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC- MS/MS (EPA, January 2024) at: https:/ /www.epa.gov/ system/files/ documents/ 2024-01/ method-1633-final-for-web- posting.pdf Page 5of11 Permit NC0006351 A. (4.) COPPER NITRATE PRODUCTION BASED LIMITS [G.S. 143-215.1(a.), 143-215(b)] The effluent limitations for Copper in Condition A (1.) of this Permit are based upon an average production rate of 35,3601bs./day of finished Copper Nitrate product per day of production and 40CFR 415 Subpart AJ TBELs. Should Venator production rate for Copper Nitrate change, the permittee shall apply for a modification and submit a written notification demonstrating the change in pounds per day of finished product, showing the calendar year monthly average lbs./ day of production. Consistent with § 122.45(b) (2) (ii) (A) (i), and EPA guidance, up to a 20 percent fluctuation in production is considered to be within the range of normal variability, while changes in production higher than 20 percent could warrant consideration of tiered or revised effluent limitations. A. (5.) SCHEDULE OF COMPLIANCE FOR STORAGE LAGOON LINING AND RELOCATION FOR PROPER OPERATION AND MAINTENANCE [G.S.143-215.1(b)] 1. Within one year from the effective date of the permit the Permittee shall submit to the Division of Water Resources and appropriate divisions Corrective Action Plan summarizing the actions or strategy to be taken to achieve compliance; 1) appropriate closure of the existing lagoon, 2) lining (and possible relocation) of the storage lagoon and place back onto service, in such way the facility will be able to achieve compliance with proper operation and maintenance. 2. Once the corrective action plan is approved by the appropriate divisions. Implement the Corrective Action Plan based on the schedule noted on the plan (when completed) and shall be completed within the Permit Term (5-year). 3. The Division of Water Resources and appropriate divisions will receive annual updates at the end of each calendar year on the progression of the Corrective Action Plan progress. 4. Final compliance (completion of the lagoon corrective action) will be required prior to, or by the expiration of the permit (5-years max.). A. (6.) GROUNDWATER MONITORING REQUIREMENTS [G.S. 143-215.1(b)] The frequency and scope of sampling of monitoring wells 1, 4, 5 and 6 shall be governed by the terms of Petitioner's RCRA post -closure permit (see attached Monitoring well map). A. (7.) 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. Page 6of11 Permit NC0006351 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. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 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: 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). Page 7of11 Permit NC0006351 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: 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 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: Page 8of11 Permit NC0006351 http://deq.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. (611 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 122.411. Page 9 of 11 Permit NC0006351 Outfall and upstream sampling Map 1aw f x, Discharge Lx atio p (OuYalI 001) * A 00 'r, Upstream sample Location It % 1 �61 tit + ' II - RfflJj w • I 500 1.00C ' . 50D 2.000 mMZ= Fee, Le 35'1$40' USOOW NArhrr N7rr44rgf FIrnwn arId t � errs 7 2e• -� cQa sE ' .�JHk+j 5h— NHS Caldwell -�LL str&TrL $UHn YAim R4C eta Rw Mil Ra Fwmwrg. we 2DOF5 � 0�1: Page 10 of 11 Permit NC0006351 Monitoring Well location map F-03D 4t a% MW-12 F-03S ^+.� �Yy!l ^+W-01 ? '. 1' 2 4 MW-14 MW-17 J, ■ swMu 1, % MW-15 I. ■ ■■ MW-LF-04 MW-LF-05 * l Upstream 2 • ' MW-07 ' MW-LF 03 T-05 e-08D?T-O6DA T-04 ■ MW-08 T-065 MW-09 :f � " �■ F-04D MW-021y MWrO , SWMU 37 m MW-20 ?T-03 I Upstrea+200 2 � T-01 ■ �' MW-19 T-02 T 07 lo Upsttearn+400 4A -,k ■ i 5WhAU'33 r F-G6D - Upstream-600 . ■■`--+ ■SWMU 2 ,♦ •■ _ r , OBD• " `+ "♦ SWMU 3■ ♦ "! f r � � 1 Upstream+800 _ MW-3 `■ ■ r ■■ *� ~ `. , 1 SWMU 4 r� `♦i rJ Do wnstrea m MVV-11 D t MW-11 phar Rd Bi Page 11 of 11