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HomeMy WebLinkAboutNC0089087_Draft Permit_20180627 ROY COOPER Governor MICHAEL S. REGAN Secretary Water Resources LINDA CULPEPPER Environmental Quality Interim Director June 27, 2018 Mr. Zachary Golson Ergon Asphalt & Emulsions, Inc. PO Box 1639 Jackson, MS 29215-1639 Subject: Draft NPDES Permit NC0089087 EAE - Wilson Wilson County Dear Mr. Golson: In response to your request to renew 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 no significant changes to your facility since the last permit renewal. We have made the following updates to your previous permit: 1. The facility map has been updated. 2. Acute Whole Effluent Toxicity(WET)has been changed to quarterly. Administrative code (15A NCAC 02B .0508) states WET testing is to be performed quarterly. WET testing reductions is a programmatic change that the Division will continue to evaluate. However, given the concern to protect the state waters from toxic substances, emerging contaminants, and the cost effectiveness of the single test concentration procedure the Division is not considering making changes to the Toxicity program at this time. 3. Since Contentnea Creek is not currently listed [2016 303(d) List] as impaired for Turbidity, the limit for this parameter has been removed. Concurrent with this notification, the Division will solicit public comment on this draft by publishing a notice in newspapers having circulation in the general Wilson 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 July 27, 2018. 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. State of North Carolina I Environmental Quality 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919-707-9000 Mr. Golson June 27,2018 Page 2 of 2 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 NC0089087 (renewal DRAFT) hc: NPDES Program Files ec: DWR/RRO,Danny Smith[danny.smith@ncdenr.gov];Vanessa Manuel[vannessa.manuel@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] Zachary Golson,Ergon Asphalt&Emulsions,Inc.[Zachary.golson@ergon.com] NPDES Permit NC0089087 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, Ergon Asphalt & Emulsions, Inc. is hereby authorized to discharge wastewater from a facility located at the EAE - Wilson 2520 Wilco Boulevard, Wilson 27893 Wilson County to receiving waters designated as an unnamed tributary to Contentnea Creek in the Neuse 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 , 2018. This permit and authorization to discharge shall expire at midnight on , 2023. Signed this day , 2018. Linda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 NPDES Permit NC0089087 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. v. Ergon Asphalt & Emulsions, Inc. is hereby authorized to: 1. continue operating Surface-Water Pollution-Prevention facilities for stormwater and related wastewater runoff(s) servicing distribution of petroleum hydrocarbons contained as surface bulk-storage in excess of one (1)million gallons utilizing; • railroad offloading facilities for liquid asphalt with spill-prevention secondary containment • above-ground storage tanks (ASTs), heated • truck-loading rack with spill-prevention secondary containment • pond (stormwater-retention); • 8-inch diameter discharge line with Of, arge valve,manually-operated, lockable- normally closed • effluent surface-spreader/diffuser 4pAr. • sample point, up gradient of vegetative filter located at the EAE - Wilson, 2520 Wilco Boulevard, Wilson,Wilson County, and 2. discharge from said treatment works, via Outfall 001, at the location specified on the attached map, into an unnamed tributary(UT)to Contentnea Creek [stream index 27-86-(7)], a waterbody currently classified C;Sw,NSW within Subbasin 03-04-07 [HUC: 030202030404] of the Neuse River Basin. Page 2 of 8 NPDES Permit NC0089087 Facility Classification: PC-1 PART I A. (1.) 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,monitored and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS [Parameter Code] Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location Flow(MDG)2 50050 Monitor&Report Episodic 2 Effluent Total Suspended Solids(TSS)(mg/I) C0530 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Turbidity(NTU) 00076 Monitor& Report Quarterly Grab Effluent pH(su) 00400 Not<6.0 of>9.0 Quarterly Grab Effluent standard units Oil&Grease(mg/1)3 00556 Monitor&Report Quarterly Grab Effluent [EPA Method 1664 SGT-HEM] Acute WET Toxicity 4 TGE6C Footnote 5 Quarterly 4 Grab Effluent Footnotes: 1. The Permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Condition A. (4.). 2. Each discharge event shall be monitored for Flow volume and duration—During periods of no flow,the Permittee shall submit a signed,monthly Discharge Monitoring Report(DMR)indicating"No discharge." Flow may be documented using any one of the following four(4)methods: a. measure flow continuously via weir or flow meter(totalizer preferred); b. estimate flow at 20-minute intervals during the entire discharge event; c. report flow based on discharge pump logs; or d. calculate flow based on total rainfall per unit area draining to the outfall using the Rational Method[see formula, Section A. (2.)]. 3. Where possible, the grab sample for Oil&Grease should be skimmed from the water surface of a quiescent(calm water)zone. EPA method 1664(Revision A or B)using Silica Gel Treated N-Hexane Extractable Material (SGT-HEM;Non-polar Material)by Extraction and Gravimetry shall be used to monitor for Oil&Grease. 4. Acute WET Testing: Fathead Minnow(Pimephales promelas),24-hour static test,pass/fail,permit limited,test at 90%in January,April,July,and October[see Part I Condition A. (3.)]. Conditions: • The Permittee shall discharge no floating solids or foam. • The Permittee shall discharge no tank solids,no tank bottom-water,no tank rag layer • Following hydrostatic tank testing,the Permittee shall discharge no tank(or pipe)contents unless the benzene concentration test less than 1.19.tg/L and the toluene concentration test less than 11.tg/L. Page 3 of 8 NPDES Permit NC0089087 A. (2.) FLOW MEASUREMENT RATIONAL [G.S. 143-215.3(a)(2)] 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. dx Page 4 of 8 NPDES Permit NC0089087 A. (3.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defmed 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 Fathead Minnow(Pimephales promelas)24 hour static test.The effluent concentration at which there may be at no time significant acute mortality is 90% (defmed 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 fmal effluent discharge below all treatment processes. gw Vim,, 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 on the Effluent Discharge Monitoring Form(MR-1) for the month in which it was performed, using the parameter code TGE6C. Additionally,DWR Form AT-2(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,North Carolina 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 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 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 fmal 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. as specified in the cited document, such as minimum control NOTE: Failure to achieve test conditions porganism environmental controls, shall constitute an invalid test and will survival and appropriaterequire immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 5 of 8 NPDES Permit NC0089087 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.) 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 6 of 8 NPDES Permit NC0089087 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.gov/compliance/final-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 tF 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: 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: Page 7 of 8 NPDES Permit NC0089087 "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]. vez4.4 s, w a e ,'rte*4 '' 3n '''*'"''\:. ,,,,I,.. ,, /5,,,,,,,ft:::::47t, Page 8 of 8 A �"' Wilk ` rte,. �� �2/ ��� U arbeei', ,,t1 43 •' - ilS ) *- -. 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I .,..••...... if,.... ' 44111r:<------ \. I p _ FSS l 1. ,, Contentnea Creek 40.,,,,_____. . _ - s[flows southeast] -� �' 1 ��, 6 I I I i 1 A - - --- - • • /./..., "RIR'—.eira. i 'N\_.) 1:623 - •,l �.�� \..1 •• �� --'1 ). 1 ,tea �- , ��� - a \ _ �J 0. . •�. ill++ —ir - .,,,,• ,, c--,. /,_--- r _ \. 3� copyright:©2013 NationeGeographic Societ,, i-cubed Ergon Asphalt & Emulsions, Inc. N __ ___ .` NPDES Permit NC0089087 -" kia?{+►llaw.1%,,V4111 2520 Wilco Boulevard, Wilson 278931 15,000,000 MI lk WIJIIMOW111.,v! ' O . ...,„,,,,,,,....,,................„, ,,„ Receiving Stream: UT to Contentnea Creek Stream Class: C;Sw,NSW 4IPAY Stream Segment:27-86-(7) Sub-Basin#: 03-04-07 35.6886°N, -77.9172°W River Basin:Neuse HUC: 30202030404 SCALE NC Grid: E27NW County: Wilson 1:24,000 USGS Quad: Wilson,NC 1