HomeMy WebLinkAboutNC0005177_Draft Permit_20180516 ROY COOPER
by
MICHAEL S. REGAN
Water Resources LINDA CULPEPPER
ENVIRONMENTAL QUALITY Interim Director
May 16, 2018
Mr. Rodney Willis
Sr. Environmental Engineer
FMC Corporation— Lithium Division
P.O. Box 795
Bessemer City, North Carolina 28016
Subject: Draft NPDES Permit Renewal
Permit NC0005177
FMC Lithium Division
Gaston County
Facility Class II
SIC Code 2819, 2869
Dear Mr. Willis:
Enclosed 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. There are several changes from the existing permit, including the following:
• A new outfall (Outfall 002) for toe drains from lower retention pond has been added to the
permit. Effluent limitations and monitoring requirements have been added to Outfall 002
[See A. (2)].
• Quarterly monitoring for Total Chloride for Outfall 004 has been removed from the permit
based on no reasonable potential to exceed water quality standards [See A. (3)].
• As a pollutant of concern from discharge of boiler blowdown and non-contact cooling
water, quarterly monitoring for Oil and Grease has been added to Outfall 004 [See A. (3)].
• Some of the wording has changed in Special Condition A. (4), Chronic Toxicity Permit
Limit, please review each paragraph carefully.
• Special Condition A. (5) Biocide Condition has been added to the permit. Accordingly,
biocide language in Section A. (3) has been removed. Please review carefully.
• Limits and monitoring requirements for stormwater discharge from Outfall 004(Section B
in current permit) has been removed from the permit since such discharge consists of
stormwater and industrial wastewater.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919 807 6300
Page l2
• One effluent sample reported for mercury was less than detection, at a detection level of
less than 0.2 lig/L. In accordance with the implementation of 2012 Statewide Mercury
TMDL, future sampling for mercury should employ EPA method 1631E and analyze
mercury down to the lower reporting level of 1 ng/L. No limits or additional monitoring
requirements for mercury were added to the permit at this time.
• Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs)and program reports.The requirement to continue reporting discharge monitoring
data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR)
internet application has been updated in the permit. [See Special Condition A. (6)]
• Regulatory citations have been added to the permit.
The NPDES Standard Conditions(Parts II, III, and IV) are not included with this draft. They can
be found at the following link if you would like to review them in conjunction with this draft
permit.
http://portal.ncdenr.org/c/document library/get file?uuid=b32fBa66-541 c-4cf5-8ba6-
03 e381 edb2da&groupld=3 83 64
Concurrent with this notification the Division is publishing a notice in a newspaper having
circulation in the general Gaston 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 call me at(919) 807-6389 or by email at Bing.Bai@ncdenr.gov.
Sincerely,
Bing Bai, Engineer
NPDES Complex Permitting Unit
Hardcopy: NPDES Files
Ecopy: US EPA Region 4
DWR/Aquatic Toxicology Branch/Susan Meadows
DWR/Mooresville Regional Office/Water Quality
DWR/Operator Certification Program/Maureen Kinney
Permit NC0005177
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
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,
FMC Corporation
is hereby authorized to discharge wastewater and stormwater from a facility located at the
FMC Lithium Division
1115 Highway 161
Bessemer City, North Carolina
Gaston County
to receiving waters designated as an unnamed tributary to First 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 xxxx
This permit and authorization to discharge shall expire at midnight on August 31, 2022.
Signed this day xxxx
Draft
Linda Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 9
Permit NC0005177
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 included herein.
FMC Corporation is hereby authorized to:
1. Continue to operate an existing 0.615 MGD wastewater treatment facility consisting of the following
components:
• reserve osmosis filtration systems,
• hydrogen peroxide addition,
• pH adjustment systems,
• R&D pond,
• lower retention pond,and
• effluent flow weir.
The facility is located at FMC's Lithium Division on 1115 Highway 161 in Bessemer City, Gaston
County; and
2. Continue to operate a stormwater conveyance system and two ponds, the first for sedimentation and the
second for polishing; and
3. Discharge treated wastewater and stormwater(Outfall 001), retention pond toe drains (Outfall 002), and
stormwater, boiler blowdown, and cooling water(Outfall 004) at the locations specified on the attached
map into an unnamed tributary to Fust Creek currently classified as class C waters in subbasin 03-08-37
[HUC: 03050103] of the Catawba River Basin.
Page 2 of 9
Permit NC0005177
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—Outfall 001
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is
authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored'
by the Permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Parameter Code Monthly Daily Measurement Sample Sample Location
Average Maximum Frequency Type
Flow 50050 0.615 MGD Continuous Recording Influent or Effluent
BOD,5-day,20°C C0310 30.0 mg/L 45.0 mg/L Monthly Grab Effluent
Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent
Dissolved Oxygen 00300 Daily Average not less than 5.0 mg/L Weekly Grab Effluent
pH 00400 Between 6.0 and 9.0 standard units Weekly Grab Effluent
Conductivity,µmohs/cm 00094 Monthly Grab Effluent
Total Chloride,mg/L 00940 Quarterly Grab Effluent
Total Nitrogen,mg/L 2 C0600 Quarterly Grab Effluent
Total Phosphorus,mg/L C0665 Quarterly Grab Effluent
Chronic Toxicity 3 TGP3B Quarterly Grab Effluent
Footnotes: See next page
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system[see A. (6)].
2. TN=TKN+NO3-N+NO2-N where TN is Total Nitrogen,TKN is Total Kjeldahl Nitrogen,and NO3-
N+NO2-N are Nitrate and Nitrite Nitrogen,respectively.
3. Chronic Toxicity(Ceriodaphnia)limit at 78%with testing in January, April,July,and October[see A.
(4)].
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 9
Permit NC0005177
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—Outfall 002
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is
authorized to discharge retention pond toe drains from Outfall 002. Such discharges shall be limited and
monitored' by the Permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Parameter Code Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow,MGD 50050 Quarterly Instantaneous Effluent
BOD,5-day,20°C C0310 Monitor and Report(mg/L) Quarterly Grab Effluent
Total Suspended Solids C0530 Monitor and Report(mg/L) Quarterly Grab Effluent
Dissolved Oxygen 00300 Daily Average not less than 5.0 mg/L Quarterly Grab Effluent
pH 00400 Between 6.0 and 9.0 standard units Quarterly Grab Effluent
Conductivity,µmohs/cm 00094 Quarterly Grab Effluent
Total Chloride,mg/L 00940 Quarterly Grab Effluent
Total Nitrogen,mg/L 2 C0600 Quarterly Grab Effluent
Total Phosphorus,mg/L C0665 Quarterly Grab Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see A. (6)].
2. TN=TKN+NO3-N+NO2-N where TN is Total Nitrogen,TKN is Total Kjeldahl Nitrogen, and NO3-
N+NO2-N are Nitrate and Nitrite Nitrogen,respectively.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 4 of 9
Permit NC0005177
A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—Outfall 004
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is
authorized to discharge stormwater,boiler blowdown, steam condensate and non-contact cooling water from
Outfall 004. Such discharges shall be limited and monitored' by the Permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Parameter Code Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow,MGD 2 50050 Monthly Instantaneous Effluent
Total Suspended Solids C0530 Monthly Grab Effluent
(TSS),mg/L
pH 00400 Between 6.0 and 9.0 Monthly Grab Effluent
standard units
Conductivity,µmohs/cm 00094 Monthly Grab Effluent
Oil and Grease,mg/L 00556 Quarterly Grab Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see A. (6)].
2. Where no measurable discharge occurs,"no discharge"shall be clearly noted on the submitted
monthly discharge monitoring report(DMR).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
There shall be no chromium,zinc or copper added to the cooling water.The permittee shall obtain approval
from the Division's Environmental Sciences Section prior to the use of any biocide in the cooling water(See A.
(5))•
Page 5 of 9
Permit NC0005177
A. (4) CHRONIC TOXICITY 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 78%.
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 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.
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 on the Effluent Discharge
Monitoring Form(MR-1)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:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,NC 27699-1621
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 onth in which toxicity monitoring is required,monitoring will be
required during the following month.Assess ent of toxicity compliance is based on the toxicity testing quarter,
which is the three month time interval that be ' s on the first day of the month in which toxicity testing is
required by this permit and continues until th fmal day of the third month.
Should any test data from this monitoring req irement or tests performed by the North Carolina Division of
Water Resources indicate potential impacts t the receiving stream,this permit may be re-opened and modified to
include alternate monitoring requirements or ' 'ts.
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
Page 6 of 9
Permit NC0005177
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. (5) BIOCIDE CONDITION
[G.S. 143-215, 143-215.1]
The permittee shall obtain approval from the Division prior to the use of any biocide in the cooling water
discharged from this facility. Approval should be requested at least 90 days in advance of the planned use of any
biocide which may be toxic to aquatic life(other than previously approved compounds). The request should be
submitted to the Aquatic Toxicology Unit of the Division's Environmental Sciences Section at the following
address:
NC DEQ/DWR/Environmental Sciences Section
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
(919)743-8400
Consult the Aquatic Toxicology Unit for specific items that should be submitted with each request(such as
Biocide Worksheet Form 101,MSDS documentation,etc.).Completion of Biocide Worksheet Form 101 is not
necessary for those outfalls with toxicity testing requirements.
Concentrations of chromium,copper or zinc added to biocides shall not exceed applicable water quality standards
(or action levels) in the receiving stream. These concentrations should be calculated using the Biocide
Worksheet Form 101 with the Supplemental Metals Analysis Worksheet.
A. (6) ELECTRONIC REPORTING OF 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. 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
Page 7 of 9
Permit NC0005177
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).
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-reporting-rule.
Electronic submissions must start by the dates fisted in the"Reporting Requirements"section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary elect onic reporting waiver from the Division. To obtain an electronic
reporting waiver,a permittee must first su mit 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 fqr and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved
Page 8 of 9
Permit NC0005177
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USGS Quad:F13SE Bessemer City,NC
SLatitude Longitude
Facility: 35° 16' 45.8" N 81° 18' 31.3" W '�
Outfall 001: 35° 15' 43.6" N 81° 17' 54.9" W
Outfall 002: 35° 15'44.5" N 81° 17' 54.4" W Facili Location+
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ty
Outfall 004: 35° 15' 42.8" N 81 17' 57.3 W
Subbasin: 03-08-37 HUC: 03050101 FMC-Lithium Division NC0005177
Receiving Stream: UT to First Creek Stream Class: C Gaston County
Permit NC0005177
reporting waiver request may submit motoring 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. (11.)(a)or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A
person, and not a position,must be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions,the person signing and submitting the DMR must obtain an eDMR user account and
login credentials to access the eDMR system. For more information on North Carolina's eDMR system,
registering for eDMR and obtaining an eDMR user account,please visit the following web page:
http://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 f nes 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 9 of 9