NC0089753_Draft Permit_20241001

ROY COOPER
Governor
ELIZABETH S. BISER
Sevetary
RICHARD E. ROGERS, JR.
Dfre r
Max Trottier
Apex Oil Company Inc.
3314 River Road
Wilmington, NC 28412
Dear Permittee:
a.p„ svrc„
NORTH CAROLINA
Envhvnmeata/ Qua(tty
October 1, 2024
Subject: Review of Draft NPDES Permit NCO089753
Wilmington Terminal
Grade I Physical Chemical WPCS
New Hanover County
The Division has reviewed your request to renew the subject permit. Please review this draft carefully to ensure a
thorough understanding of the information, conditions, and requirements it contains.
This draft contains the following major changes from the existing permit:
• Section A. (4.) has been updated regarding electronic submission of effluent data. Federal regulations
require electronic submittal of all discharge monitoring reports (DMRs).
• Section A. (2.) regarding flow measurement has been updated to the most current version along with the
corresponding footnote 2 in Section A. (I ).
• Whole Effluent Toxicity (WET) testing requirements have been updated [see Section A. (1.) and A. (3.)].
• As the receiving stream is not impaired for Turbidity, monitoring for this parameter has been removed
from Section A. (1.).
• The limits for the parameters of Benzene, Toluene, Ethylbenzene, Total Xylenes, Naphthalene, and
MTBE have been removed from Section A. (1 ). Permittee will continue to monitor and report.
• The Monthly Average for Total Suspended Solids (TSS) has been changed to 30.0 Mg/L in Section A.
(1 ). Review of this facility's TSS data from the previous permit cycle suggests that this facility can meet
this new limit without a compliance schedule.
• The receiving stream classification is now SC.
• The facility grade has been added to Section A. (1.)
• Facility map has been updated.
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 except that agency and
division names have been updated. The latest version is available at httos://bit.ly/3k5NFaL and can be viewed
online or downloaded as a PDF file.
With this notification, the Division will solicit public comment on this draft permit by publishing a notice in
newspapers having circulation in the general New Hanover County area, per EPA requirements. Please provide
your comments, if any, to me no later than 30 days after receiving 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 the draft, please contact me via
e-mail at [e-mail] or via phone at 919-707-3600.
Bath Caralva Deparmert ofEr.�'vamxtat Quality Dir-i:ix aiR'a[>r IL•:aurcn
iIZTrath Sali:trun5treet lEl-A:ait Seni:e:rr.[� Ratei_4_\arC ::,vatir�2?699-F61?
ti'r�� 919.?0'90D9

Sincerely,
Environmental Specialist I
NPDES Compliance and Expedited Permitting
cc: NPDES files [Laserfiche]
Wilmington Regional Office [Laserfiche]
Operator Certification Program [Laserfiche]
Aquatic Toxicology Branch [Laserfiche]

NPDES Permit NCO089753
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/StatuYef 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; a's amended;-,.
Petroleum Fuel
is hereby authorized to discharge
(dba)'A'
3314 Riv
New
located
to receiving waters designated as the`Cape Fear River, Cape Feac River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV
hereof. 1
s.r
This permit, shall become effective l 1�
This permit and authorization to discharge `shall expire at midnight on September 30, 2029.
If the permittee intends,to continuerto discharg 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, Section Chief Regional Operations
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8

NPDES Permit NCO089753
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.
Petroleum Fuel and
is hereby authorized to:
1. continue to operate a Surface -Water Pollution Control'Sysfel
related petroleum -contact water held in proxitnity,to above-g
appurtenant piping for the distribution of hydrocarbon fuels,
[surface bulk -storage exceeding one (1) million gallons], the
• truck -loading rack with
[petroleum -contact was
• earthen berms [dikes] si
• stormwater runoff-cont
• oil/water separator(s)
• gravity drain'piping anc
valve, hand-operated„n,
these facilities
Oil
Ts
stormwater and
e tanks (ASTs) and
stillates, and ethanol
;isting of
offsite]; '
inment areas]
and gate
Inc., 3314 River Road, Wilmington; and
2. discharge from said treatment works via Outfalls 002 and 003 [Outfall 001 and 004
permitted as bypass for sever -storm discharge conditions only], as located on the attached
map, to the Cape Fear River [Stream Segment 18-71], a waterbody currently classified SC
within Subbasin 03-06-17 [HUC: 0303000505] of the Cape Fear River Basin.
Page 2 of 8

NPDES Permit NCO089753
PART
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15ANCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade I Physical Chemical WPCS [15A NCAC 08G .0306]
Beginning upon the effective date and lasting until permit expiration, the Permittee is authorized to
discharge treated wastewater/stormwater from Outfalls 002 and 003 [Alternate Outfalls 001 and 004
bypass - to be used for sever -storm emergency only]. Such discharges shall be limited, monitored,
and reported t by the Permittee as specified below: ,,,
r'
EFFLUENT
CHARACTERISTICS
(Parameter Codes)
LIMITS
MONITORING REQUIREMENTS t
Monthly
Average
Daily
Maximum.
Measurement
Frequency
Sample
a
Sample
Location
Flow z
50050
Monitor and Report'
MGDj - '
`
Episoditi
2
Effluent
Total Suspended Solids
C0530
30.0 mg/Lt
45.0 mg/L
Monthly'",,,
Grab
Effluent
Oil & Grease EPA Method
1664 [SGT-HEM]
00556
\
Monitor and Report (mg/L),
`5-
/')Monthly
\Grab
Effluent
Benzene
34030
Monitorand Report (µg/L);
Monthly
Grab
Effluent
Toluene
34010
Moaito'h and Report (µg/L)
s y Monthly
Grab
Effluent
Ethylbenzene
34371
Monitor�and Report (µg/L)
\: Monthly
Grab
Effluent
Total Xylenes
,W551
.Monitor and+Report( g/4)`'
._ Monthly
Grab
Effluent
Naphthalene
Monitornd,Reyport ya
d4 L Monhly
Grab
Efluentr'34696
MTBE
1,22417
Monitor and Report
uarterly
Grab
Effluent
WET Testin 3
TGE3E.
`" -' ,Pass/Fail "Quarterly
Grab
Effluent
Hdrocarbons 4c,>'
`'EPA 624�
Mnitor 'adReport
Semi -Annually
Grab
Effluent
Semi -volatile Organic
N a
Hydrocarbons-6 ,
-
EPA 625
\ _�,
Monitor and Report
`.,
Semi -Annually
Grab
Effluent
Footnotes:
1. Beginning wiih.the,effective date, the permittee is required to submit discharge monitoring
reports electronically using'the Division's eDMR system program [see A. (4.)]. Hardcopy backup
is also required. �� f
2. Flow — The Permittee shall monitor each discharge event for Flow volume and
duration — Documenting periods of no flow, the Permittee shall submit an electronic,
monthly Discharge Monitoring Report (eDMR) indicating "No flow" or "No
discharge." Flow may be documented using any one of the following four (4) methods:
1. measure flow continuously via weir or flow meter (totalizer preferred);
2. estimate flow at 20-minute intervals during the entire discharge event;
3. report flow based on discharge pump logs; or
4. calculate flow based on total rainfall per unit area draining to the outfall
using the Rational Method [see formula, Section A. (2)].
Page 3 of 8

NPDES Permit NC0089753
3. Whole Effluent Toxicity (WET) Testing — The monitoring shall be performed as a Mysid
Shrimp (Mysidopsis bahia) acute 24-hour static test. The tests will be performed on a discharge
event during each quarter. See Section A. (3.).
4. If detected, the Permittee shall enter parameters detected and concentrations into eDMR in
the "Comments" section.
Conditions:
1. The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
2. The Permittee shall not discharge tank solids, tank bottom water, or the tank rag layer.
3. Following hydrostatic tank testing, the Permittee shall discharge no tank (or pipe)
contents with concentrations of benzene > 1.19 µg/L or toluene > 11 µg/L.
A. (2.) FLOW MEASUREMENT — RATIONAL METHOD
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
The Rational Equation is a viable method for calculating runoff; the Permittee can find references and
information in DWQ's Stormwater BMP Manual, Chapter 3, "Stormwater Calculations."
The Rational Method - Determination of Peak Runoff:
[REF: FHWA Urban Drainage Design Manual, 3.2.2. Rational Method (3-1)]
Q=KuCIA, where:
Q = flow (peak flow rate in cfs or m3/sec)
Ku = unit conversation factor = 1.008 for U.S. standard units (usually
ignored because it is so close to 1), or 0.278 for metric units
C = dimensionless runoff coefficient for the watershed, loosely defined
as the ratio of runoff to rainfall
I = intensity of rainfall [taken from the intensity -duration -frequency
curves for the specified design return period at the time of
concentration, tc (in/h or mm/h). tc = time of concentration (time
after beginning rainfall excess when all portions of the drainage
basin are contributing simultaneously to outlet flow).
A = area of tributary watershed (acres or km2)
The rational equation is used to calculate the runoff from a region, given:
• the runoff coefficient (accounts for infiltration losses in the region),
• the rainfall intensity to the region,
• the time for runoff to travel from the region's upper reaches to its outlet,
• and the region's drainage area.
A. (3) ACUTE TOXICITY PASS/FAIL — LIMITED (QUARTERLY)
[15A NCAC 02B .0200] [15A NCAC 02B .0500 et seq.]
Page 4 of 8

NPDES Permit NC0089753
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 February, May, August, and November. 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.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will
revert to quarterly in the months specified above.
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.ATBaa dea.nc.eov.
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 until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above. 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 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
Page 5 of 8

NPDES Permit NCO089753
immediate follow-up testing to be completed no later than the last day of the month following the month of
the initial monitoring.
A. (4.) 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. Reportine Reauirements [Supersedes Section D. (2.) and Section E. (5.) (a
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) intemet 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://deg.nc.gov/about/divisions/water-resources/edmr.
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband
access, then a temporary waiver from the NPDES electronic reporting requirements may be granted
and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or
alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
See "How to Request a Waiver from Electronic Reporting" section below.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
reported via the eDMR system no later than the last calendar day of the month following the
completed reporting period. Regardless of the submission method, the first DMR is due on the last
day of the month following the issuance of the permit or in the case of a new facility, on the last day
of the month following the commencement of discharge.
Page 6 of 8

NPDES Permit NCO089753
Starting on December 21, 2025, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify the
initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity
for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at: https://www.federalregister.gov/documents/2015/10/22/2015-
24954/national-pollutant-discharge-elimination-system-npdes-electronic-reportin -rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above.
3. How to Request a Waiver from Electronic Reportin
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.eov/about/divisions/water-resources/edmr
4. Sienatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.)
LU
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. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
Page 7 of 8

NPDES Permit NC0089753
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://deg.nc.2ov/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 [Suoolements Section D. (6.11
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 8 of 8

�V M1111w,0_11V
Aa e icy
I -
'� r
_ Approximately 1 -
property perimeter
Runwa
i � T ••
* Outfalls 001, a
002 003 and 004
- ♦ •,Tan
f Cct� • r ,III
` River Road c 1�; . It"a
Petroleum Fuel and Terminal Company
(dba) Apex Oil Company, Inc., Wilmington
Latitude: 340 10' 43" N Receivine Stream: Cape Fear
Loneitude: 780 57' 16" W Drainaae Basin: Cape Fear
Stream Class: SC Stream Segment: 18-(71)
Sub -Basin: 03-06-17 HUC: 0303000505
Facility
Location
not to scale
North NPDES Permit NC0089753
New Hanover County