NC0081469_Owner Affiliation Change_20180706

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r RESOLVE "
Environmental Engineering
July-6,-2018 _„ — _ - ___ - ----- -__._ ___�� _
North Carolina Department of Environmental Quality
Water Resources Division _---
- RECEIVED%DENRIDWR
1617 Mail Service Center 1'�` -
Raleigh, NC 27699-1617 JUL 12 2018
Water Resources
' Permitting Section
Attention: Ms. Anjali Orlando
Compliance & Expedited Permitting Unit
Delivered via UPS, Waybill No. 1Z1Y048R0298682582
f.r-' And via email to [e-mail]
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Subject:' Comment on Draft NPDES Permit
` / Colonial Pipeline Company, RDU Delivery Facility, Raleigh, North Carolina
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/ -i` Draft NPDES Permit NC0081469
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r ,Dear Ms. Orlando:
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1 / On behalf of Colonial Pipeline Company (Colonial), Resolve Environmental Engineering, Inc.
I, (Resolve) is pleased to provide the following comment concerning draft NPDES Permit
{I i NC008,1469 for the Colonial RDU Delivery Facility at 1010 National Guard Road in Raleigh, Wake
tf j County, North Carolina. We appreciate your consideration of this comment.
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f'f Resolve's primary concern is that there is no rationale or requirement for increasing the
fregiuency of whole effluent toxicity (WET) testing from annually under the current permit to
!quarterly under the draft permit. In the cover letter to the draft permit, you state that "The
lability to petition for annual testing [is] not currently permissible under NCAC 15A 02B .0508".
However, Colonial's Standard Industrial Classification (SIC) Code of 4613 isn't listed in the tables
'in 15A NCAC 02B .0508(d). Accordingly, there is no frequency for WET testing prescribed by the
rule for this facility. Therefore, we believe this petition exclusion does not apply.
Resolve presumes that WET testing is required based upon 15A NCAC 02B .0508(c)(2), which
states that, for facilities with an SIC code not listed in Rule 0508d, "The Director shall prescribe
1444 Waterford Green Drive`;Marietta, Georgia 30068-2925 • p. 770.650.9990 f 770.650.9991 • www.resolve.cc
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Comment on Draft NPDES Permit NC0081469 July 6,2018
Colonial Pipeline Company, RDU Delivery Facility, Raleigh, NC Page 2 of 3
the number and location of sampling points and the frequency with which tests and
measurements must be made for such pollutant or pollutant effects as it shall deem necessary
to properly monitor the quantity or quality of waste discharges resulting from any activity
subject to this Section which is not included in the major SIC groups set forth in this Rule and to
properly monitor effects of the discharges upon the waters of this state." The state has not
indicated why the quarterly WET testing is necessary to properly monitor the discharge or the
effects of the discharges upon the waters of this state.
Presumably, the criteria for WET testing listed elsewhere in 15A NCAC 02B .0508 and in 15A
NCAC 02B .0505(d) form the basis for determinations of appropriate WET testing frequency.
The criteria cited in these rules are:
• Toxicity limits will be applied to all major discharges and all discharges of complex
wastewater; and
• Toxicity limitations and monitoring requirements may be applied to permits for other
discharges when, in the opinion of the Director, such discharge may impair the best use
of the receiving water by the discharge of toxic substances in toxic amounts.
The first criterion requires toxicity testing for "major discharges" and "complex wastewater".
Neither phrase is defined in the rules (not in 15A NCAC 02A .0102, 15A NCAC 02B .0202, nor
15A NCAC 02B .0503) nor in the applicable North Carolina statute (NC General Assembly § 143-
215.1). It is unlikely that either definition reasonably applies to the subject facility since flow is
intermittent, flow rates are relatively low, and the nature of potential pollutants is well defined.
If NCDEQ believes "major discharge" or "complex wastewater" applies to the subject facility,
Resolve requests clarification on how this determination was made.
The second criterion requires toxicity testing where the discharge may impair the best use of
the receiving water by the discharge of toxic substances in toxic amounts. Resolve does not
believe this criterion applies to discharges from the subject facility. Past annual WET testing
indicates the discharge is not toxic, so there is no indication that the subject facility has
discharged toxic substances in toxic amounts. In addition, the receiving stream is not impaired
RESOLVE
Environmental Engineering

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Comment on Draft NPDES Permit NC0081469 July 6, 2018
Colonial Pipeline Company, RDU Delivery Facility, Raleigh, NC Page 3 of 3
for toxicity. The RDU facility discharges to Crabtree Lake, which is not impaired for toxicity
according to the 2016 303(d) list. Therefore, there is no indication that the discharge is or will
cause or contribute to an impairment of the designated best use of the receiving waters.
Since the discharge is not major, complex, or potentially causing or contributing to toxicity
within the receiving stream, Resolve believes there is no justification under 15A NCAC 02B
.0508 to increase the WET testing frequency from annual to quarterly. We therefore request
WET testing frequency remain annual unless NCDEQ can demonstrate the need to increase the
frequency in accordance with 15A NCAC 02B .0508.
We appreciate the opportunity to comment on this draft permit. If you have any questions or
require clarification on this comment, please feel free to contact the undersigned at 770-650-
9990.
Sincerely,
Resolve Environmental Engineering, Inc.
Ian Lundberg, PE
Principal Engineer
cc: Michael Verdon, Colonial Pipeline Company
John Wyatt, Colonial Pipeline Company
RESOLVE
Environmental Engineering