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HomeMy WebLinkAboutNC0088307_Draft Permit_20240604ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Kenneth Waldroup, Executive Director Cape Fear Public Utility Authority 235 Government Center Drive Wilmington, NC 28403 Dear Mr. Waldroup: NORTH CAROLINA Environmental Quality June 11, 2024 Subject: Draft NPDES Permit NCO088307 Richardson WTP Grade I Physical Chemical WPCS New Hanover County Attached with this letter is a copy of the Draft NPDES permit renewal for your facility. Please review this draft carefully to ensure thorough understanding of the requirements and conditions it contains. We understand from your renewal application that there have been no treatment system changes but your staff have indicated that the potable flow capacity of the plant has increased to 7MGD. There are a few changes in the draft attached here from the existing permit. These changes are summarized below. • Regulatory Citations - Language has been added where necessary in the permit to provide regulatory citations for permit requirements. • Electronic Reporting - Permit language has been modified to be consistent with the finalization of federal requirements for electronic reporting. • Language on the Supplement to Permit Cover Sheet has been updated. This includes modification of the treatment system components and update of the maximum monthly average flow. • Flow Limit — The Division has determined that the volume of Water Treatment Plant (WTP) discharges has the potential to impact receiving waters and should be controlled statewide. The Division is moving to reinstate limits in permit renewals and include limits for new WTP permits. A flow limit has been added to the permit and set at 2.0 MGD. This value is consistent with expansion flow limits that were previously given to your facility in past permits. • Total Nitrogen (TN) — Reporting for TN now includes the constituent parameters used in calculating the value - TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N + NO2-N is Nitrate plus Nitrite Nitrogen, respectively. These values are shown in the Effluent Table and will be all be required to be reported in your eDMR report. • A Reasonable Potential Analysis (RPA) was performed on data submitted for copper (Cu) , zinc (Zn) and arsenic (Ar). Based on the results of the RPA analysis the following changes have been made: - No reasonable potential was shown for Cu impacts on the receiving waters. Limits for Cu have been removed and monitoring frequency has been reduced to quarterly. - All reported Zn values were below detection. Monitoring for Zn has been removed from the permit. - Only one Ar value was detected. Monitoring frequency for Ar has been reduced to quarterly. D Q �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH GA, ; , oweronemm0-"' 919.707.9000 Kenneth Waldroup Richardson WTP Draft Renewal Page 2 • In your permit renewal application data was included that showed detection for per- and polyfluoroalkyl substances (PFAS) parameters. EPA has recently (April 10, 2024) established drinking water Maximum Contaminant Levels (MCLs) and Hazardous Index MCLs for certain PFAS parameters. The Division has determined that facilities reporting detects for these PFAS parameters at WTPs will be required to gather additional data. The monitoring requirements in your permit will begin once EPA publishes a PFAS method in the Federal Register. See Section A.(3.) of your permit for further information. • The language in the Effluent Table and Section A.(2) for WET requirements has been updated accordingly. • Section A.(6.) has been added to address the disposal of spent membrane filter cleaning solutions. • Map Update — The permit map and descriptive information on the permit map have been updated. • Permit Expiration — The date has been changed to September 30, 2029 to allow for a nearly full five year permit term. The NPDES standard conditions (Parts II, III, and IV) that are a part of the permit are not included in this draft document (cover, map, and Part I). The conditions are the same as in your current permit. The latest version of the standard conditions is available at https://bit.ly/3k5NFaL and can be viewed online or downloaded as a PDF file. Concurrent with this notification the Division is publishing a notice in a newspaper having general circulation in the New Hanover County area soliciting public comments on this draft permit. Please provide any written comments you may have to me 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 by email at bradley.bennett@deq.nc.gov. At this time, contact by email is the most effective method. If we need to set up a call to discuss any issues, we can set that up through email. Sincerely, Bradley Bennett Compliance and Expedited Permitting Unit cc: NPDES Files - electronic Wilmington Regional Office / Water Quality — electronic Operator Certification Program/Jeffrey Talbott — electronic Aquatic Toxicology / Cindy Moore and Molly Nicholson Electronic NC Wildlife Resources Commission / Maria Dunn — electronic US Fish and Wildlife / Sara Ward — electronic Shellfish Sanitation / Andrew Haines; Erin Bryan-Millush; Jeremy Humphrey — electronic Permit NCO088307 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, Cape Fear Public Utility Authority is hereby authorized to discharge wastewater from an outfall located at the Richardson Water Treatment Plant 637 Groundwater Way Wilmington New Hanover County S" to receiving waters designated as the Intracoastal Waterway in the White Oak 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 This permit and authorization to discharge shall expire at midnight on September 30, 2029. If the permittee intends to continue discharging at the facility beyond the term of this permit, a renewal application must be submitted no later than April 3, 2029 (180 days before the expiration of this permit) Signed this day John E. Hennessy Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 10 Permit NCO088307 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. Cape Fear Public Utility Authority is hereby authorized to: 1. Continue to operate a Water Treatment Plant with a discharge of concentrated waste from Reverse Osmosis units. This water treatment plant currently has a design potable flowrate of 7.0 MGD with a future expansion to 9.0 MGD. This facility is located at 637 Groundwater Way in Wilmington, in New Hanover County. Water treatment consists of. • Two (2) 1.3 MGD nanofiltration treatment trains • Two (2) 1.5 MGD nanofiltration treatment trains • Spiral wound cartridge filtration • Tray aeration V Chemicals added during process: anti-scalant; sodium hypochlorite; sodium hydroxide; fluoride, corrosion inhibitor. 2. After receiving approval from the Division of Water Resources Public Water Supply Section for expansion of potable water flow to 9.0 MGD, operate the system as described in paragraph 1 above with discharge of wastewater not to exceed a monthly average of 2.0 MGD. 3. Discharge said wastewater through an extended discharge pipe with diffuser, at the location specified on the attached map, into the Intracoastal Waterway [Stream Segment: 18-87-(11.5)], a waterbody currently classified SA; ORW in subbasin 03-06-24 [HUC: 030203020401] within the White Oak River Basin. Page 2 of 10 Permit NCO088307 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade - Not Classified - 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 from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS eDMR codes DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Avera a Daily Maximum Measurement FrequencyLocation Sample Type Sample Flow MGD 50050 2.0 Continuous Recording Effluent H 00400 Not < 6.8 s.u. or > 8.5 s.u. Weekly Grab Effluent Total Suspended Solids C0530 20 m /L 1 30 m /L Weekly Grab Effluent Dissolved Oxygen m /L 00300 Monitor and Report 2/month Grab Effluent Salinity 00480 Monitor and Report 2/month Grab Effluent Conductivity 00094 Monitor and Report 2/month Grab Effluent Total Dissolved Solids (mg/L) 70295 Monitor and Report 2/month Grab Effluent Turbidity NTU 00070 Monitor and Report 2/month Grab Effluent Ammonia Nitrogen m /L C0610 Monitor and Report Monthly Grab Effluent Total Arsenic 01002 Monitor and Report Quarterly Grab Effluent Total Copper 01042 Monitor and Report Quarterly Grab Effluent Total Nitrogen m /L 2 C0600 Monitor and Report Quarterly Calculated Effluent TKN m /L 2 00625 Monitor and Report Quarterly Grab Effluent NO3-N + NO2-N m /L 2 00630 Monitor and Report Quarterly Grab Effluent Total Phosphorus (mg/L) C0665 Monitor and Report Quarterly Grab Effluent Acute Toxicity 3 TGE3E Monitor and Report Quarterly Grab Effluent PFAS Compounds n /L 4 See Footnote 4 Quarterly Grab Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (7)]. 2. TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively. 3. Acute Toxicity monitoring (Mysidopsis Bahia) 24-hour Pass/Fail static test at 90% in January, April, July, and October [see Section A. (2)]. 4. See Special Condition A. (3.) for monitoring requirements. ALL SAMPLES COLLECTED SHOULD BE FROM A REPRESENTATIVE DISCHARGE EVENT. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 10 Permit NCO088307 A. (2.) ACUTE TOXICITY PASS/FAIL MONITORING ONLY (QUARTERLY) [15A NCAC 02B .0500 et seq.] and [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity In A Single Effluent Concentration" (Revised -December 2010, or subsequent versions). The monitoring shall be performed as a Mysid Shrimp (Mysidopsis bahia) 24-hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The tests will be performed during the months of January, April, July and October. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. 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. All toxicity testing results required as part of this permit condition will be entered electronically using the Division's eDMR system for the month in which it was performed, using the parameter code TGE3E. Additionally, DWR Form AT-2 (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 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, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. 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. Page 4 of 10 Permit NCO088307 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. USE OF A DIFFERENT TEST ORGANISM The permittee may request the use of a different test organism upon documentation that the alternate test organism would provide an equal or greater level of protection and is appropriate based on the characteristics of the discharge and receiving stream. Such documentation would consist of one of the following: 1. For saltwater classified streams, a fathead minnow may be assigned as the acute testing species if the salinity of the receiving stream at the point of discharge is <5 ppt throughout the tidally influenced cycle. This determination may be based on the best professional judgment of DWR staff or data collection provided by the permittee and approved by DWR staff. This evaluation should include vertical profiles of salinity/conductivity measurements at both high tide and low tide over several 24 hr cycles. 2. Three consecutive "side -by -side" tests with results indicating that the alternate test organism is as or more sensitive to the facility's effluent. Each test series would consist of two separate toxicity tests conducted on the same sample of effluent with the length of exposure specified by the permit, the only difference between the tests being the organism used. 3. An alternate plan developed by the permittee and approved by the Aquatic Toxicology Unit that demonstrates an equal level of protection is offered by the test organism. For items 2 and 3, it must also be demonstrated that viable and standardized culture techniques are available for that organism and standardized testing methodologies have been developed and validated. This demonstration should meet guidance provided by EPA in Section 6 of EPA-821-R-02-012, Short Term Methods for Estimating the Acute Toxicity of Effluents and Receiving Waters to Freshwater Organisms. Fifth Edition, 2002. A. (3.) PFAS MONITORING REQUIREMENT [G.S. 143-215.1(b)] The reporting requirement for the per- and polyfluoroalkyl substances (PFAS) parameters listed below takes effect the first full calendar quarter following six (6) months after EPA publishes a 40 CFR Part 136 HAS Method for wastewater in the Federal Register. Monitoring will be conducted at a quarterly frequency. Data results shall be reported in the units of ng/L. PFAS Monitoring Parameters Common Name eDMR Codes Chemical Name Measurement Frequency Sample Type Sample Location HFPO-DA (ng/L) 52612 Hexafluoropropylene oxide dimer acid Quarterly Grab Effluent PFNA (ng/L) 51626 Perfluorononanoic acid Quarterly Grab Effluent PFOA (ng/L) 51521 Perfluorooctanoic acid Quarterly Grab Effluent PFBS (ng/L) 52602 Perfluorobutanesulfonic acid Quarterly Grab Effluent PFHxS (ng/L) 52605 Perfluorohexanesulfonic acid Quarterly Grab Effluent PFOS (ng/L) 52606 Perfluorooetanesulfonic acid Quarterly Grab Effluent Page 5 of 10 Permit NCO088307 A. (4.) PERMIT RE -OPENER: TMDL IMPLEMENTATION [G. S. 143-215.1(b)] 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 USEPA. A. (5.) DISCHARGE SPECIAL CONDITION [NCGS 143-215.1 (b)] The effluent diffuser must prevent surface turbulence and bottom scour. Should the location of the discharge cause visible turbulence within the Atlantic Intracoastal Waterway, the Division may require that the discharge be relocated. The diffuser must be submerged during low tide conditions. A. (6.) DISPOSAL OF SPENT MEMBRANE CLEANING SOLUTION [NCGS 143-215.1 (b)] Spent membrane cleaning solutions shall be discharged to the sanitary sewer system. Discharge of the solutions to surface waters is not authorized under this permit. A. (7.) ELECTRONIC REPORTING OF MONITORING REPORTS [NCGS 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. 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. The eDMR system may be accessed at: https://deq.nc.gov/about/divisions/water-resources/edmr. Page 6 of 10 Permit NC0088307 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; kZ • 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: 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. Page 7 of 10 Permit NC0088307 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. (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:Hdeq.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. " Page 8 of 10 Permit NCO088307 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]. EA - Page 9 of 10 F Vp Ogden Nanofiltration WTP n� Cape Fear Public Utility Authority Richardson WTP Receiving Stream: Intercoastal Waterway Stream Class: SA; ORW River Basin: White Oak Sub -Basin: 03-06-24 Outfall Latitude: 34' 16' 28" Outfall Longitude: 77' 45' 37" Stream Segment 18-87-(11.5) HUC#: 030203020401 Quad: J27SE /Scotts Hill County: New Hanover f Outfall In r r' Facility Location (not to scale) ?TH NPDES Permit NCO088307 Page 10 of 10