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HomeMy WebLinkAboutWQ0004500_Final Permit_20080530May 30, 2008 MR. ERIC S. WARNER, JR., PLANT MANAGER ARCHER DANIELS MIDLAND COMPANY 1730 EAST MOORE STREET, S.E. SoumpoRT, NORTH CAROLINA 28461 Dear Mr. Warner: Michael F Easle}. i iovernor William G. Koss Jr.. Secretary North Carolina Department of Environment and Naturai Resources Coleen I I. Sullins, Director Division of Walrr Quality Subject: Permit No. WQ0004500 Archer Daniels Midland Company Southport, NC Manufacturing Facility Distribution of Residual Solids (503 Exempt) Brunswick County In accordance with your permit renewal request received March 10, 2008, we are forwarding herewith Permit No. WQ0004500, dated May 30, 2008, to Archer Daniels Midland Company for the continued operation of the subject land application of residuals solids program. This permit shall be effective from the date of issuance until April 30, 2013, shall void Permit No. WQ0004500 issued September 30, 2003, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this pernxit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Please note that the compliance boundary has been delineated at 100 feet from the edge of disposal around areas where the property boundary is greater than 250 feet from the edge of disposal (Condition 11.12). If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding, Please note that on September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T — Waste not Discharged to Surface Water was adopted. This permit incorporates the requirement of these rules. Remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted from those in previously issued permits Please note that "bulk residuals" shall mean residuals that are transported and not sold or given away in a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an open or closed receptacle with a load capacity of 1.102 short tons or one metric ton or less. Nolie Carolina NOatu'ra lb, Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: www.ncwater uali .or Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Customer Service: (877) 623-6749 Some issues that may be of interest to you include the following: ♦ Several pieces of historic documentation from you make the following statement: "ADM is not a Part 503 regulated land application program, because we segregate our sanitary waste water from our industrial waste waters, and therefore are (sic] not required to permit our application sites." The fact that the residuals that you generate are not regulated under 40 CFR Part 503 is not the reason why you are not required to permit individual land application sites. The Division permits and monitors doyens of programs that are exempt from this federal regulation under which specific sites must he approved. Rather, your program is unique in this regard because NitroGro has low pollutant concentrations, should he absent of pathogens, and is a registered fertilizer in the State of North Carolina. + The original permit modification application package requested that Robeson County and Sampson County be included among those counties in which the Division had previously approved NitroGro for distribution/land application. Note that, with the issuance of this permit, the distributionlland application of NitroGro is no longer limited to specific counties. This is an example of a change that the Division has made to this permit so that it is more consistent with other similar program. However, both you and the Division are aware that NitroGro, despite being a registered fertilizer in the State of North Carolina, is quite odiferous and can create nuisance conditions during distribution/land application. Therefore, Condition I. 2. provides for the development and implementation of a plan that addresses issues such as notification, complaint and nuisance condition resolution, and public education. The plan must be presented to and discussed with the Water Quality Section staff of the Division's Fayetteville Regional Office and Wilmington Regional Office as well as with every regional office in which the program, is to be expanded at least 30 calendar days prior to initiating any distribution/land application events in the corresponding region. ♦ Although the Division is aware that NitroGro is a registered fertilizer in the State of North Carolina, it may not be referred to as "biosolids" or as meeting the Class A requirements as stipulated in 40 CFR Part 503 in marketing them to potential recipients. + As a result of discussions initiated after a notice of violation issued on June 13, 1999 to the contrary, the Division will consider surface application with incorporation to be a subsurface application method (i.e., like injection) for the purpose of buffer establishment. Note, however, that the incorporation must take place within six hours of the application event. In addition, no volatilization of the ammonia -nitrogen present in the NitroGro may be assumed when calculating the plant available nitrogen (PAN) concentration for NitroGro that is applied in this manner. You may have noted in this permit that you are no longer required to keep track of lifetime loading rates (LLRs) for certain pollutants (i.e., metals). This requirement has been eliminated in exchange for compliance with Condition I. 9., which requires that NitroCrro meets both a ceiling concentration as well as a monthly average concentration for various pollutants. + NitroGro may exhibit high sodium adsorption rations (SAR) as well as a low pH. These characteristics can have a deleterious impact on the agronomic integrity of the sites onto which NitroGro is distributed/land applied. Although no longer a specific requirement of this permit, soil sampling of the sites used in this program is recommended to continue, and Condition II. 19. requires that information and recommendations regarding agronomic issues be provided to landowners and/or lessees/operators. Therefore, please ensure that your program is designed to ensure adherence to this condition. + Staging or field storage of NitroGro is allowed by this permit, as the Division understands that this is the most efficient and effective way to distribute/land apply the product. Condition II. 4. contains the minimum requirements governing how such staging should occur. The Division, however, would like to call your attention to the availability of guidance that has been developed and published by the United States Environmental Protection Agency, entitled "Guide to Field Storage of Biosolids (EPA/832-B-00-007)," which may be downloaded from the web site at httn://wy.im!.gpa.g_ov/owmitnc,timtb/biosolids/fsguidel. Note that, even though this document was specifically developed to address the field storage of biosolids, it may have some applicability to staging of organic waste material in general. ♦ The Division has agreed w reduce the frequency of required inspection,, of the residuals treatment, storage, transport, and application facilities to monthly (i.e., see Condition V. 1.) instead of requiring that such inspections be performed prior to each residuals distribution/land application event. Note, however, that the Division will still hold the Permittee liable for any permit violations that result froze malfunctions, deterioration, and operator errors that may have been noticed and resolved as a result of more frequent inspections If you need additional information concerning this matter, please contact Matthew Fleahman at (919) 715-6173 or rnatthew.fleahman;iuncmail.net. Sincerely, r I,mr 11ce-nH. ullins cc: Brunswick County Health Department Wilmington. Regional Office, Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files LAU Files NO RTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH PERMIT FOR THE DISTRIBUTION OF CLASS A RESIDUALS In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Archer Daniels Midland Company Brunswick County continued operation of a residuals distribution/land application program for the Southport, NC Manufacturing Facility of Archer Daniels Midland Company and consisting of the distribution/land application of residuals generated by the residuals source -generating facilities listed in the most recently - certified Attachment A and marketed under the product name NitroGro to unspecified land application sites with no discharge of wastes to surface waters, pursuant to the permit modification application package received on March 10, 2008 and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until April 30, 2013, shall void Permit No. WQ0004500 issued September 30, 2003, and shall be subject to the following specified conditions and limitations: I. SCHEDULES Lplease review the entire permit for re ortin monitoring,and other on -going activities 1. No later than September 1, 2011 the Permittee shall be able to demonstrate compliance with pathogen reduction requirements in Permit Condition IIA. 2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with, the permit renewal application II. PERFORMANCE STANDARDS 1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this Class A residuals distribution and land application program. WQ0004500 Version 3.0 Shell Version 071105 Page 1 of 11 2. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for distribution or land application in accordance with this permit. The pollutant concentrations in any residuals that are distributed or land applied to any land application site shall not shall not exceed the following Ceiling and Monthly Average Concentrations (i.e., dry weight basis) Parameter Monthly Average Concentration ) Ceiling Concentration (-Mg/kg)(mg/k Arsenic 41 75 Cadmium 39 85 Copper 1,500 4,300 Lead 300 840 Mercury 17 57 Molybdenum n/a 75 Nickel 420 420 Selenium 100 100 Zinc 2,800 7,500 4. When biological residuals (Nitrogro II and Nitrogro V) are distributed or land applied under the conditions of this permit, the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction and vector attraction reduction requirements. When residuals (Nitrogro III and Nitrogro IV) are distributed or land applied under the conditions of this permit, the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source - generating facilities that are identified as being exempt from this condition in the most recently - certified Attachment A shall not be required to comply with the specified pathogen reduction and vector attraction reduction requirements. 6. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained (all distances in feet): Any habitable residence or place of public assembly under separate ownership: ii. Any property line: iii. Any private or public water supply source: iv. Surface waters: v. Any well with exception of monitoring wells: 100 50 100 50 100 WQ0004500 Version. 3.0 Shell Version 071105 Page 2 of 11 7. When land applying bulls class A residuals to any land application site, the following setbacks shall be maintained (all distances in feet): Liquid Cake a. Any private or public water supply source: 100 100 ii. Surface waters: 100 25 iii. Surface water diversions: 25 0 iv. Groundwater lowering ditches: 25 0 v. Any well with exception of monitoring wells: 100 100 vi. Bedrock outcrops: 25 0 Unless others noted in Attachment A of this permit, "cake" residuals are residuals that have greater than 15% solids by weight and can be stacked without flowing, and handled, transported and spread as a solid (i.e., using a backhoe, front end loader, stinger spreader, broadcast spreader or other equipment designed for handling solid materials) without leaving any significant liquid fraction behind. 8. Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a bulk residuals land application event. 9. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved land application site. Realistic Yield Expectations for crop types and specific fields or soils types shall be determined by using any of the following methods: a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science. The Department webpage is located at: htt)-//www.soil.nesu.edu/ntnp/neDmwg/yields/ b. Site Specific Historical Data for crop types on specific fields or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. c. if the RYE cannot be determined using methods 8(a) or (b) above, RYE can be established from specially developed soil interpretation records for Nutrient Management Planning, Farm. Service Agency Records, university trials, or inference from crop performance on soil with very similar physical and chemical features. d. Realistic Yields Expectations and acceptable nitrogen application rates that use the above methodology are required parts of many agricultural planning documents. The Perrnittee may use the RYE and appropriate agronomic rates reported in any of the following documents: i. Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by Senate Bill 1217 Interagency Group- Guidance Document: Chapter 1. Guidance for the completion of the plan can be found at: htV://www.enr.state.ne.us/DSWC/pages/guidance does.html. iii. Certified. Nutrient Management Plan as outlined by Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards, which are available at: ftp:Eftp_fc.sc. ,.ov.usda.gov/NHQ/practice-standards/standards/590.pdf WQ0004500 Version 3.0 Shell Version 071105 Page 3 of 11 e. For any crop type for which the RYE and appropriate nitrogen application rate cannot be determined, the Permittee steal I :ontact the Division to determine necessary action. 10. If the land application sites are to be overseeded (e.g., Bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no i esiduals shall be land applied to these sites because the PAN will essentially be returned to the soil. Prior to application of PAN to permitted site.,, at rates exceeding the agronomic rate, the Permittee must submit and receive approval by the Division.. 11. Should any of the residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit contain a high salt content (i.e., high sodium adsorption ratio (SAR) of ten (10) or higher), the Permittee shall obtain and implement recommendations from the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other agronomist regarding sodium application rate, soil amendments (e.g., gypsum;, etc.) or other ameliorative mechanism for maintaining the integrity of the site in terms of suitability for land application of residuals and maintaining conditions conducive to crop growth. The Permittee shall maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application. 12. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be located closer to the waste disposal area (provided the groundwater standards can be met at the newly established Compliance Boundary). Any approved relocation of the COMPLIANCE BOUNDARY will be noted in the most recently -certified Attachment B of this permit. An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. As per a request dated March 10, 2008, the Compliance Boundary shall be delineated at 100 feet from the edge of disposal around areas where the property line is greater than 250 feet from the edge of disposal. 13. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(1). 14. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial bulk residuals land application event to any new land application site. In addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 15. The Aquifer Protection Section of the appropriate Division's regional office shall be notified at least 24 hours prior to the initial bulk residuals land application event on any new land application site. Such notification to the Regional Aquifer Protection Supervisor shall be made during normal office hours (i.e., from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web' site at http://www.enr.state.nc.us/html/regionaloffices.htrnl. WQ0004500 Version 3.0 Shell Version 071105 Page 4 of 11 III. OPERATION AND MAINTENANCE REOUIREMENTS 1. The residuals managemem program shall be effectively maintained and operated at all tunes as a non - discharge system to prevent the discharge of any wastes resulting from the operation of this program. The Permittee shall main lain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .1 110 including operational functions, maintenance schedules, safety measures, and a spill response plan. 2. In the event that the residuals management program is not operated satisfactorily, including the creation of nuisance conditions, the Pennittee shall cease land applying residuals to the site, contact the Aquifer Protection Section of the appropriate Division of Water Quality's (Division) regional office, and take any immediate corrective actions as may be required by the Division. 3. Upon classification of the residuals management program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible charge (ORC) of the program. The operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0201. 4. This permit shall become voidable if the soils of the land application sites fail to assimilate the bulk residuals or the application causes contravention of surface water or groundwater standards and may be rescinded unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. 5. A copy of this permit shall be maintained in all manned equipment at the land application sites when residuals are being land applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 6. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. 7. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 8. All residuals shall be adequately stored to prevent leachate runoff until treated. The finished product may be placed on a concrete pad, placed under shelter or covered until such time as it is distributed to the buyer. If an alternate storage site is to be used, approval must be obtained from the Division. 9. A label shall be affixed to the bag or other container in which residuals that are sold or given away for application to the land, or an information sheet shall be provided to the person who receives the residuals sold or given away in other containers for application to the land. The label or information sheet shall contain the following information: a. The name and address of the person who prepared the ,residuals that is sold or given away in a bag or other container for application to the land. b. A statement that application of the residuals to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement which identifies that this material shall be prevented from entering any public or private water supply source (including wells) and any stream, lake, or river. d. A statement that the residuals shall be applied at agronomic rates and recommended rates for intended uses. 10. Bulk residuals shall not be applied to the land under the following conditions: WQ0004500 Version 3.0 Shell Version 071105 Page 5 of 11 a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species or its designated critical habitat; b. If the application causes prolonged nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen, or snow-covered or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100-year flood elevation unless the bulk residuals are injected or incorporated within a 24-hour period following the residuals land application event; f. During a measurable precipitation event (i.e., >.01" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period. Any emergency residuals land application measures shall first be approved in writing by the Division; g. If the slope for land is greater than 10 percent when bulk liquid residuals are surface applied, and if the slope of the land is greater then 18 percent with bulk liquid residuals are injected or incorporated; h. If the pH is not maintained in the soil, residuals, and lime mixture, greater than 6.0, on land application sites onto which residuals are applied. Residuals may be applied to the sites provided that sufficient amounts of lime is also applied to achieve a final pH of the soil mixture of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals, and lime mixture is suited for the specified crop type. Any approved variations to the acceptable soil pH (6.0) for land application will be noted in the most recently certified Attachment B of this permit. i. If the land does not have an established vegetative cover in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist unless the bulk residuals are incorporated within a 24-hour period following the residuals land application event or injected; j . If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; 11. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites not owned by the Perinittee are in full force and effect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. 12. For fields receiving bulk residuals, the Permittee shall request of the landowner or lessee/operator a statement detailing the volume of nutrient sources (waste residuals, manufactured fertilizers, manures, or other animal waste products) other than the residuals to be applied by the Permittee, that have been applied to the land, and a copy of the most recent Nutrient Management Plan (NMP), if available. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall also be considered a Nutrient Management Plan The NMPs must be provided only for those operations where a NMP (also CMP, WLJP, or CLAMP) is required by the US Department of Agriculture — National Resources Conservation Service (NRCS) or other State Agencies. The Permittee shall rely on the provided information to calculate appropriate reductions in allowable nutrient loading rates. If the calculation shows that the agronomic rates (including PAN) have already been met or exceeded on a field, no additional residuals shall be land applied to that field. WQ0004500 Version 3.0 Shell Version 071105 Page 6 of 11 13. I -or fields receiving bulk residuals, the Permittee shall supply the landowner with documentation specifyir[b that land application of the bulk residuals shall occur consistent with Condition 11.6. and Condition 111.3 of this permit. IV. MONITORING AND REPORTING RE MREMENTS 1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2. Residuals generated by each residuals source -generating facility listed in the most -recently -certified Attachment A of this permit shall be analyzed to demonstrate that they are non -hazardous under the Resource Conservation and Recovery Act (RCRA), A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently - certified Attachment A of this permit. The analyses shall be perforn-ied at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source - generating facility are distributed or land applied at a frequency less than that which is specified in the most recently -certified Attachment A of this permit, the analyses shall be required for each residuals distribution and land application event. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. If residuals generated by a particular residuals source -generating facility are insufficient to require a land application events during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in condition IV. 10., even in the event that no land application events occur during an entire year; the annual report shall include an explanation for missing sampling data. The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium. (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4 Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Chloroform (6.0) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) m-Cresol (200.0) Lead (5.0) 2,4,6-TrichlorophenoI (2.0) o-Cresol (200.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4D (10.0) Methyl,ethyl ketone (200.0) WQ0004500 Version 3.0 Shell Version 071105 Page 7 of 11 After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. An analysis shall be conducted on residuals generated by each residual source -generating facility listed in the most recently certified Attachment A of this permit. The analysis shall be performed at the frequency specified in the most recently certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Magnesium pH Ammonia -Nitrogen Mercury Plant Available Nitrogen (by calculation) Arsenic Molybdenum Selenium Cadmium Nickel Sodium Calcium Nitrate -Nitrite Nitrogen % Total Solids Copper Phosphorus TKN Lead Potassium Zinc Sodium Adsorption Ratio (SAR) If residuals generated by a particular residuals source -generating facility are insufficient to require a land application events during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in condition IV. 10., even in the event that no land application events occur during an entire year. The annual report shall include an explanation for missing sampling data. 4. Residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit shall be monitored for compliance with Condition II. 4 and Condition II. 5. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear compliance with the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. In addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen reduction requirements, vector attraction reduction requirements, and management practices shall be completed at the frequency specified in the most recently -certified Attachment A of this permit by the proper authority or authorities, if more than one is involved (i.e., cither the person who prepares the residuals, the person who derives the material, or the person who applies the residuals). Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition II. 4 and Condition 11. 5. in the most recently - certified Attachment A of this permit shall not be required to comply with this monitoring requirement. 5. Laboratory analyses of parameters as required by Condition IV. I,, Condition IV, 2., Condition IV. 3., and Condition IV. 4., shall be per on the residuals as they are to be distributed or land applied. WQ0004500 Version 3.0 Shell Version 071105 Page 8 of 11 6. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., and Condition IV. 4. shall be in accordance with 15A NCAC 02B ,0505. 7. Proper records shall be maintained by the Permittee tracking all bulk residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; e b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Method of land application; e. Weather conditions (i.e., sunny, cloudy, raining, etc.); f. Predominant Soil Mapping Unit (i.e., CbB2); g. Soil conditions (i.e., dry, wet, frozen, etc.); h. Type of crop or crops to be grown on field; i. Nitrogen Application Rate based on RYES. j. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, wet ton per acre, or kilograms per hectare; k. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); 1. Volume of soil amendments (i.e., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, wet tons per acre, or kilograms per hectare (if applicable); and m. Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and other sources of nutrients (i.e., if applicable), annual and cumulative pounds per acre of each heavy metal (i.e., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. S. All records required as part of this permit shall be retained a minimum of five years. Three copies of an annual report shall be submitted on or before March I". The annual report shall meet the requirements described in the Instructions For Residuals Application Annual Reporting Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o.enr.state.nc.us/lau/compliance.htrnl, or can be obtained by contacting the Land Application Unit directly. The annual repost shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 10. Noncompliance Notification The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the distribution program which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. WQ0004500 Version 3.0 Shell Version 071105 Page 9 of 11 b. Any fai Lure of the distribution program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the facility has, gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals. For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733- 3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. V. INSPECTIONS 1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation of the subject facilities. 2. Prior to each bulk residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. 3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS 1. This permit shall become voidable unless the activities of the class A residuals management program are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes §143- 215.6A through § 143-215.6C. 4. The annual administering and compliance fee shall be paid by the Permittee within 30 days after being billed by the Division. failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2T .0 10 5 (e). WQ0004500 Version 3.0 Shell Version 071105 Page 10 of 11 5. The issuance of this pen -nit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction, Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 0211 .0500. 6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately, 7. This permit shall not be automatically transferable. In the event that there is a desire for the class A residuals management program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the 30th day of May 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION een H. Knins, Director Division of -Water Quality By Authority of the Environmental Management Commission Permit Number WQ0004500 WQ0004500 Version 3.0 Shell Version 071105 Page 11 of 11 ATTACHMENT A - Approved Residual Sources Permit Number: WQ0004500 Version: 3.0 Archer Daniels Midland Company Certification Date: 05/30/2008 Monitoring Maximum Monitoring Frequency for Approved Dry Tons Frequency for Condition IV. 3. and Mineralization Owner .Product Names County Permit Number Issued By Is 503? Per Year Condition IV. 2. Condition IV. 4. Rate' Archer Daniels NitroGro I" Brunswick NCO027065 DWQ non 503 0.00 Not Required Not Required 0.40 Midland Company Archer Daniels NitroGro II' Brunswick NCO027065 DWQ non 503 44,044.00 Annually Monthly 0.40 Midland Com an Archer Daniels NitroGro IIId Brunswick NCO027065 DWQ non 503 16,446.00 Annually Every 60 Days 0.40 Midland C2ni kany Archer Daniels NitroGro IV' Brunswick NCO027065 DWQ non 503 5,014.00 Annually Every 60 Days 0.40 Midland Company Archer Daniels NitroGro Vt Brunswick NCO027065 DWQ non 503 0.00 Not Required Not Required 0.40 Midland Company Total 65,504 a - Only residuals derived from the treatment of industrial wastewater shall be approved for distribution/land application in accordance with this permit. It is the Division's understanding that domestic wastewater generated from the Permittee's Southport, NC Manufacturing Facility is managed separately from industrial wastewater (i.e., treated in a different facility and discharged to a different outfall). Under no circumstance shall domestic wastewater be introduced to this wastewater treatment plant. A modification to this permit shall be requested to and approved by the Division if there is a desire to combine the domestic and industrial wastewater sources. b - his product is generated from the aerobic digestion of industrial wastewater. c - This product is generated from the aerobic digestion of industrial wastewater. If mixed with CM sampling frequencies of NitroGro II apply for the mixture. d - This product is a biomass that results from the controlled fermentation of sugar to citric acid. e - This product is a biomass that is similar to NitroGro III, except that sand and grit with a diatornaccous filter aid that were used to facilitate filtration has been added. f - This product is a biomass that results from the controlled fermentation of sugar to MSG. g - Each NitroGro product shall be tested for compliance with Condition I. 11. prior to each residuals distribution/land application event for the first calendar year following this permit's issuance. A residuals distribution/land application event shall be defined as the time period during which residuals are removed from storage such that the volume has been reduced to a level that is satisfactory to meet the residuals management needs of the Permittee. One set of samples shall be sufficient for each event as long as no additional residuals are added to storage during the event. Any time that additional residuals are added to storage during an event, another set of samples shall be taken so that compliance with Conditions 11.4 and 11,5. may be verified before the event continues. If the samples from each event taken from the first calendar year complies with the limits set forth in Conditions 11.4 and 11.5., then the monitoring frequency may be reduced to the frequency listed in the table above. Note, however, if the wastewater treatment plant is reseeded from another wastewater treatment plant that treats domestic wastewater for any reason (e.g., upset of the biological process, etc.), the Permittee shall test prior to each event for another calendar year, and the monitoring frequency may be reduced only as described above. h - Approved mineralization rate for the CN/NG11 test site mixture will vary with the ratio of products used. NGII has an approved mineralization rate of .40, and the CM will have a mineralizationrate of 0.00. The resutling mineralization rate for the mixture will be determined through calculation and reported as part of the annual report. WQ0004500 Version 3.0 Shell Version 071105 Page 1 of 1 VICINITY MAP �'j1 CS A Residuals Management Company '�lIL �Ytlle fx'.' �h:rt Nark "sa'YC V7 PlaywS Cub ~ ;owus r� fi 'r Sruns�vlck South f is hour Corny liirport Golf !inks z IP t �g Bluff Yaupor1 paa rery r C1 M L.. yak island 3L if -^luh ... COUNTY: Brunswick OWNER{S): Archer Daniels Midland Company FERMENTATION NUTRIENTS ORGANISMS SUGARSOURCE CORN MMUP. ilf0iA3558 C11RIC AIR amr SOLK REFINING RECYCLE; REFINING E LIMESTONE MULTISTEP REACTION GqW MA AND CRYST. FILTRATION WASTEWATER z S1 c iAicsalx. CRYSTALIZATION GRIr SOLUBLE RI=MOVAL IMPURITY PURGE PACKAGING OF - C1TRiC ACI DCRYSTALS uoum AEROBIC CENFUGAL TREATMENT LIQUID TO PLANT CAPE FEAR RIVER PRECOAT FILTER TRI� psoups I Soups it NITROGROtV II NITROGRO V II NITROGROIII II li NITROGRO11 II A