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HomeMy WebLinkAboutNC0004723_Draft Permit_20171115Water Resources Environmental Quality November 15, 2017 Mr. Ralph Gatewood, Operations Manager Kinder Morgan Southeast Terminals, LLC 1000 Windward Concourse, Suite 450 Alpharetta, Georgia 30005 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Draft NPDES Permit NC0004723 KMST Charlotte Terminal #3 — PC -1 7325 Old Mount Holly Rd, Charlotte 28214-1786 Mecklenburg County Dear Mr. Gatewood: In response to your request to modify the subject NPDES permit, the Division of Water Resources (DWR or the Division) hereby transmits this draft for your review and comment. Please review this document to assure your understanding of the permit limits and monitoring conditions, and to correct errors, if any. The Division understands that you have made changes to your facility. The following items from the facility description have been removed for this draft permit: 1. Air stripper, particulate filter, three (3) carbon filters and polishing filter (loading rack). The following has been updated for this permit modification: 2. The facility map has been updated. Concurrent with this notification, the Division will solicit public comment on this draft by publishing a notice in newspapers having circulation in the general Mecklenburg County area, as required by the NPDES Program. Please provide your comments, if any, to me via email [derek.denard@ncdenr.gov] or write to my attention care of DEQ / DWR / NPDES Program no later than December 15, 2017. Your written comments are welcome but not mandatory. Following the mandatory 30 -day public comment period, the Division will review all pertinent comments on your permit draft, and take appropriate action prior to issuing your NPDES permit final. If you have questions concerning this draft, please e-mail me or call my direct line (919) 807-6307. Sincerely, Derek Denard, Environmental Specialist Compliance & Expedited Permitting Unit Division of Water Resources, NCDEQ Enclosure: NPDES Permit NC0004723 (renewal DRAFT) he NPDES Program Files ec DWR/MRO, Corey Basinger [corey.basinger@ncdenr gov], Wes Bell [Wes Bell@ncdenr gov] Wastewater Operator Certification Group / Maureen Kinney [Maureen.Kinney@ncdenr gov] Aquatic Toxicology Branch / Susan Meadows [susan meadows@ncdenr gov], Cindy Moore [cindy.moore@ncdenr gov] Johnny Tapia, PE, KMST [Johnny_Tapia@kindermorgan com] State of North Carolina I Environmental Quality 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 NPDES Permit NC0004723 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 Southeast Terminals, LLC is hereby authorized to discharge wastewater from outfalls located at the KMST Charlotte Terminal #3 7325 Old Mount Holly Road, Charlotte 28214-1786 Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek in the Catawba 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 Signed this day Linda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 NPDES Permit NC0004723 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 Southeast Terminals, LLC is hereby authorized to: 1. continue to operate a Surface -Water Pollution Prevention System for stormwater in proximity to above -ground storage tanks (ASTs) for surface bulk -storage of ethanol and petroleum hydrocarbon fuels with capacity exceeding one million gallons, and fuel -truck loading racks, utilizing bermed secondary containment for ASTs with hand -operated discharge valve (normally closed) dual oil -water separators (in series) holding tank located at the KMST Charlotte Terminal #3, 7325 Old Mount Holly Road, Charlotte, Mecklenburg County, and 2. discharge from said treatment facilities via Outfall 001 at locations specified on the attached map, into an unnamed tributary to Paw Creek[stream segment 11-124], a waterbody currently classified C within subbasin 03-08-34 [HUC: 030501011404], in the Catawba River Basin. Page 2 of 8 NPDES Permit NC0004723 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] 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 1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Code] LIMITS MONITORING REQUIREMENTS' Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location [50050] Flow 2 Episodic 2 Effluent [C0530] Total Suspended Solids 45.0 mg/L Monthly Grab Effluent [00556] Oil and Grease 3 Monthly Grab Effluent [00076] Turbidity 4 50 NTU Monthly Grab Effluent [34694] Total Rec. Phenolic's Monthly Grab Effluent [34030 Benzene 5 Monthly Grab Effluent [34010] Toluene 5 Monthly Grab Effluent [34371] Ethyl Benzene 5 Monthly Grab Effluent [81551] Xylene 5 Monthly Grab Effluent [34696] Naphthalene 5 Monthly Grab Effluent [TAE6C] Acute Toxicity 6 Annually Grab Effluent Footnotes: 1. The Permittee shall begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Condition A. (4.) 2. Flow — shall be monitored with each discharge event — During periods of no flow, the Permittee shall submit a signed, monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored using any one of the following four methods: a) measure flow continuously; b) calculate flow [see Rational Equation, section A (3)] based on total rainfall per unit area draining to the outfall; exclude built -upon areas (best method for facilities with large runoff -collection ponds); - - c) estimate flow at 20 -minute intervals during the entire discharge event, or d) report flow based on discharge pump logs " 3 Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 4. Turbidity — Effluent shall not cause receiving -stream turbidity to exceed 50 NTU. If receiving -stream background exceeds 50 NTU, effluent shall not cause this background value to increase. 5. Concurrent Sampling - the Permittee shall acquire samples concurrently with Acute Toxicity. 6. Acute Toxicity Outfall 001 (Fathead Minnow, 24-hour), Annual [see Special Condition A (2.)]. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts • There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. • There shall be no direct discharge of tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 gg/L and toluene concentration is less than 11 gg/L. Page 3of8 NPDES Permit NC0004723 A. (2.) ACUTE TOXICITY MONITORING (ANNUAL) [15A NCAC 02B .0500 et seq.] 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, DWR Form AT -1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements or tests performed by the North Carolina - Division of Water Resources indicate potential- impacts to the receiving stream, this permit may -be -re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 4 of 8 NPDES Permit NC0004723 A. (3.) RATIONAL EQUASION FOR CALCULATING FLOW [G.S. 143-215.1(b)] The Rational Equation- Q=KuCIA, where: Q = flow (peak flow rate (cfs or m3/sec) Ku = units conversation factor = 1.008 for U.S. standard units (usually ignored because it is so close to 1), or 0.278 for SI 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 (tine after the beginning of rainfall excess when all portions of the drainage basm are contributing simultaneously to flow at the outlet). A = area of tributary watershed (acres or km2) The rational equation is used to calculate the runoff from a region, given: • runoff coefficient which accounts for infiltration and other potential losses in the region, • rainfall intensity to the region, • time it takes for runoff to travel from the region's upper reaches to its outlet, and • region's drainage area Page 5 of 8 NPDES Permit NC0004723 A. (4.) 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 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.) • Section D. (6.) • Section E. (5.) Reporting Records Retention 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 pernuttee 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 ele3tronic 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 6 of 8 NPDES Permit NC0004723 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. http•//www2 epa ovg /compliance/fmal-national-pollutant-discharge-elimination-system-npdes-electromc- 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 perrmttee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only perrmttees 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. Siinatory 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 11, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part 11, 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:Hdeq.ne.izov/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 WELL BE ACCEPTED: Page 7of8 NPDES Permit NC0004723 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations " 5. Records Retention [Supplements Section D. (6.)1 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 5 — 5., .Y � - ,!'t"'• _ :.. � :kF• • d1�� l7s �' �.r.. _ iir�;: ;::: :`,'•.:: '\. 4 11P — r f� ''S' Via' � d:�r - qtr✓' '�'r:.-.`: �.aR :i. � Lrv'` r.•.. s:r t-• -:A`�-� : '•.c `.• 1 1 ? -•r : _ --:ti - ;J>,-,rf_ rF-. , i ; y.f: Y.^� st qt �• ,. `��� .1111 ! ♦_ t•,' - -_ -. .•; „s:•'•- .w't2 r...a. r F.- ,r.,n,f .. .. . is � .. :�'...; ' .�y , fk + r•'.> 'mak-: — �\ �`: vr.Y',•~ ,�1y'R- _;F+l... ,,5r'`: ?r} `bfu.}:•;:a :. whit. -.� tii'�.Y;.- - .':..,,�; Approximate Facility Boundary �''� „��~ �♦♦'' Old Mount Holly Rd . ..5 .:.„�, ,a- ;: _ _ :,.,r,,... f J K ..i of �.•::' . . D --4 1p 11 11.5!1 Outfall 001 Paw Creek Creek l [flows southeast] ,, [flows southwest] 0 Kinder Morgan Southeast Terminals, LLC KMST Charlotte Terminal #3 NPDES Permit NC0004723 7325 Old Mount Holly Rd, Charlotte 28214-1786 Receiving Stream: UT to Paw Creek Stream Class: C Stream Segment: 11-124 Sub -Basin #: 03-08-34 River Basin: Catawba HUC: 030501011404 County: Mecklenburg 1 15,000,000 s •+N,-80.927549- Grid:NC 1111USGS • •• • Lake, NC a a