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HomeMy WebLinkAboutNC0000400_Draft Permit_20181017ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Glenn Young, Operations Manager The Quartz Corp USA PO Box 309 Spruce Pine, NC 28777 Dear Mr. Young: NORTH CAROLINA Environmental Quality October 17, 2018 Subject: Draft NPDES Permit Renewals Permits: NC0000353, NC0000400 K-T Feldspar Corporation and The Feldspar Corporation facilities Mitchell County Grade PC2 Facilities SIC code 1459 Enclosed with this letter are copies of the draft NPDES permit renewals for your facilities. Please review the drafts carefully to ensure thorough understanding of the requirements and conditions they contain. There are several changes from existing permits, including the following: The NC 2007-2014 Water Quality Standards (WQS) Triennial Review was approved by the NC Environmental Management Committee (EMC) on November 13, 2014. The US EPA subsequently approved the WQS revisions on April 6, 2016 with some exceptions. The NC Division of Water Resources NPDES Permitting Unit is required to implement the new dissolved metal standards in all permits public noticed after April 6, 2016. The new standards for most metals include acute standards. Further, the freshwater standards for several metals are expressed as the dissolved form of the metals, and seven metals have hardness -dependent equations. As a result, the NPDES Permitting Unit will need site -specific effluent hardness data and instream hardness data, upstream of the discharge, for each facility monitoring these metals in order to calculate permit limitations. Effluent hardness and instream hardness sampling, upstream of the discharge, has been added to each permit at a monitoring frequency of quarterly. See Special Condition A. (1.) Effluent Limitations and Monitoring Requirements for effluent and instream sampling requirements. • Sampling by the EPA in 2015 and stormwater monitoring data from several quartz/feldspar mines in the region, in conjunction with the new dissolved metals standards noted above, indicates aluminum, copper, lead, nickel, and zinc are pollutants of concern and quarterly monitoring has been added to the permits. • The NPDES Standard Conditions (Parts II, 1111, 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. https://bit.ly/2BZ4xxx North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.3601 • Since your facilities are not subject to Federal Effluent Limitation Guidlelines, pH limits have been changed from between 6.0 & 10.0 standard units to between 6.0 & 9.0 standard units in accordance with the pH WQS in 15A NCAC 02B. [See Special Condition A. (1.)] • Please review the components list for each facility on page two, Supplement to Permit Cover Sheet. • Please review instream monitoring locations in footnote 2 of Special Condition A. (1.) Effluent Limitations and Monitoring Requirements. • NC DEMLR will be evaluating stormwater data and may direct your facilities to apply for individual NPDES wastewater coverage in. lieu of stormwater general permit coverage under NCG020000 prior to the expiration of that general permit. If that is the case, please be reminded that DWR will require a major modification application and associated fee along with an Engineering Alternatives Analysis for each facility at least 180 days prior to commencing discharge of wastewater previously covered under NCG020000. Any additional discharge of fluoride must be accounted for in a facility's fluoride allocation. • 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 added to your NPDES permit. [See the final Special Condition in each permit] Concurrent with this notification the Division is publishing a notice in a newspaper having circulation in the general Mitchell County area, soliciting public comments on these draft permits. 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 final permits. If you have questions concerning these draft permits, please call me at (919) 707-3612 or by email at david.hill@ncdenr.gov. Sincere � d David Hill, Environmental Specialist II NPDES Complex Permitting Unit Hardcopy: NPDES Files Ecopy: US EPA Region 4 DWR/Aquatic Toxicology Branch/Susan Meadows DWR/ NC Operator Certification Program/Maureen Kinney DWR/Asheville Regional Office/Water Quality Regional Operations/Landon Davidson DEMLR/Stormwater Program/Annette Lucas Page 2 of 2 I' -�"i9fG1►C�I1I1Z1I1L'IIII] 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, The Quartz Corp USA is hereby authorized to discharge wastewater from a facility located at the K-T Feldspar Corporation Facility 8342 South 226 Bypass Spruce Pine Mitchell County to receiving waters designated as the North Toe River in the French Broad 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 Month XX, 2018. This permit and authorization to discharge shall expire at midnight on February 28, 2022. Signed this day Month XX, 2018. DRAFT Linda Culpepper Interim Director, Division of Water Resources By the Authority of the Environmental Management Commission Permit NC0000400 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Quartz Corp USA is hereby authorized to: 1. Continue to operate and maintain an existing 1.73 MGD wastewater treatment facility consisting of the following components: • Three influent pump stations • Lime pH adjustment • Polymer addition • Screw classifier • Three solids settling ponds • Flow totalizing and recording equipment This facility is located at the K-T Feldspar Corporation Facility, 8342 South 226 Bypass, Spruce Pine in Mitchell County. 2. Discharge from said treatment works at the location specified on the attached map via Outfall 001 into the North Toe River, classified C Trout water in the French Broad River Basin. 2 of 8 Permit NC0000400 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [ 15A NCAC 02B .0400 et seq., 15A NCACO2B .0500 et seq.] [Grade II Physical/Chemical Water Pollution Control System 15A NCAC 08G .0306] During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge treated process wastewater from Outfall 001. Such discharges shall be limited and monitored' by the permittee as specified below: PARAMETER CHARACTERISTICS PARAMETER CODE EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location2 Flow 50050 1.73 MGD Continuous Recording I or E Total Fluoride 00951 132.0 lb/day 264.0 lb/day Weekly Composite E Total Fluoride 00951 Monitor & Report /L Weekly Grab U, D Total Suspended Solids QD530 1240.0 Ib/da 2480.0 Ib/d Weekly Composite E Total Suspended Solids QD530 Monitor & Report /L Weekly Grab U, D Settleable Solids 00545 Monitor & Report (mUL) Weekly Grab E Turbidity3 00070 Monitor & Report (NTU) Weekly Grab E, U, D H 00400 Between 6.0 and 9.0 Standard Units Weekly Grab E, U, D Chloride4 00940 Monitor & Report (mg/L) Quarterly Composite E Chronic ToxiGity5 TGP3B Ceriodaphnia dubia P/F at 6% Quarterly Composite E Total Aluminum 01105 Monitor & Report /L Quarterly Composite E Total Copper 01042 Monitor & Report /L Qirarte Composite E Total Lead 01051 Monitor & Report /L Quarterly Composite E Total Nickel 01067 Monitor & Report /L Quarterly Composite E Total Zinc 01092 Monitor & Report /L Quarterly Composite E Hardness Total as 00900 CaCO3 or Ca + M s Monitor & Report (mg/L) Quarterly Composite E Hardness Total as 00900 CaCO3 or Ca + Monitor & Report (mg/L) Quarterly Grab U Footnotes: 1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A. (9). 2. Sample locations I -Influent, E-Effluent, U-Upstream = at least 50 feet upstream of wastewater outfall, D-Downstream = at least 300 feet downstream of the wastewater outfall. Instream samples shall be grab samples and shall be conducted weekly. 3. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 10 NTU. If the instream turbidity exceeds 10 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. Therefore, if the effluent measurement exceeds 10 NTU, the Permittee shall sample upstream and downstream turbidity in the receiving waterbody, within 24 hours, to demonstrate the existing turbidity level in the receiving waterbody was not increased. All data shall be reported on the DMRs. (See 15A NCAC 213.0211 (21)). See Special Condition A. (6.). 4. Chloride shall be monitored quarterly in conjunction with toxicity testing. Footnotes continued next page c.: Permit NC0000400 Footnotes continued from A. (1.) Effluent Limitations and Monitoring Requirements 5. Whole effluent toxicity will be evaluated using Chronic Toxicity (Ceriodaphnia dubia) P/F test at 6% during the months of February, May, August, November. See section A. (2.). 6. Effluent hardness should be performed in conjunction with testing for hardness dependent metals (cadmium, copper, lead, nickel, silver, zinc). There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) [15A NCAC 02B.0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 6.0%. 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 February, May, August and November. 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 TGP313 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. EM Permit NC0000400 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 month in which toxicity monitoring is required, monitoring will be required during the following month. 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 final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (3.) BIOCIDES [G.S. 143-215.1(b)] The permittee shall obtain authorization from the Division of Water Resources prior to utilizing any new biocide in cooling water to be discharged. The permittee shall notify the Director in writing, not later than ninety (90) days prior to instituting the use of any additional biocide used in cooling systems, which may be toxic to, aquatic life other than those previously reported to the Division of Water Resources. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. No chromium, zinc, or copper shall be added to the treatment system except pre -approved additives to biocidal compounds. A. (4.) WASTEWATER DIVERSION [G.S. 143-215.1(b)] Diversion or bypassing of untreated wastewater from the treatment facility is prohibited. A. (5.) SOLIDS DISPOSAL [G.S. 143-215.1(b)] Solids removed or resulting from the wastewater treatment process shall be contained and disposed of in such a manner as to prevent any contamination of the surface waters of the State. A. (6.) TURBIDITY REOPENER [G.S. 143-215.1(b)] :3IT Permit NC0000400 This permit shall be modified, or revoked and reissued to incorporate new turbidity effluent limitations in the event that violations of the turbidity standard of the North Carolina Water Quality Standard occur as a result of this discharge. A. (7.) FLUORIDE REOPENER [G.S. 143-215.1(b)] This permit shall be modified, or revoked and reissued to incorporate new fluoride effluent limitations in the event that acute or chronic bioassay testing or other studies results in a change in the North Carolina Water Quality Standard for fluoride. A. (8.) PERMIT MODIFICATIONS [G.S. 143-215. 1 (b)] This permit shall be modified, or revoked and reissued to incorporate new limitations in the event that production changes are requested or should any new fluoride using discharge request to locate on the North Toe River. A. (9.) 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. (I1.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)] 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 Permit NC0000400 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: htts://www.federalre ister. ,,ov/documents/2015/10/22/2015-24954/national- ollutant- dischMe-elimination-sv stem -nudes -electronic -rep ortina-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reyortin 7of8 Permit NC0000400 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://dqq .nc.-gov/about/divisions/water-resources/edmr 4. Shmatory 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. t;ov/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 fines and imprisonment for knowing violations. " mm Permit NC0000400 5. Records Retention [Supplements Section D. (Q] 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. 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' i� ��"'Al` ■`y' .f '��r'�:' , i Ir�ti ��.� r • �i'' if �',� � 1 r r' f'•- r 1�, `--� ft'�//,ffffff ,r� *f+')[! i • 1� f , lj +(/-`+� Ir K'T Feldspar i f; ' ` per r _1 •. rS r �ri`�:��"1�1 •,'`tip- s,,i_ �I, } �.: Corporation�•- Y:..\; �,�}�. ..fit, .,t •� , ,l { 'S \!�41'y Y■ �'� �„ ■ 'C►_utfall 001 u V i _ � li• •� E ���� �i� i i � � ��f+ �f:yl� • + 4,i +,� i r. •� ■ r .+�y ■ ' p ro. d • t t +J1/.r�r 4 f ._ _•• 9raIN ". \..' 1: y. i, • ,` �� °`'4,E�`•, tit. ~l a �: • • r-� .I, r� l .••+e a •./ l Q��,~0`4..+• g , 1. .��� � js� . 1 t�>,',� k `t, r•� ; � • • - ...,, � { ►\ ',- AA 3 gel 4, ^ti r ✓' � , , e ( ` Jf I ,r e ti .r '+ . f � 9 F ,,•r"• �,F f►' >y .� �,I � •'1� %y�'•-� .,,L-� � J -� rf` •'t, r f'��q, � I �. a.,' =[ ■ f: jay' r, �ba I ,ry t, Irr _ J:,Yf` ',��" i?ae* tl i■�`ll(rf r, ? "li\ y ` ���r .1" y1,' .r` JC■ .I.r r s 7 C, a �a ■ lxr ,�t, �,_rL�.� ��r, ��""F'�,�5�) t.r�4 •'"�° C °� ' �^ ■■'`�< "•• yit�Sl••�' _-.~. J' E � �•a 10s, �f�'����. !' � ■ 1 ` i�!�t,. •1,•i!0 rNdRI �' Wft'1 i P� ■'�.` 'aefnn "\ $•r� �■ sr of sa - : `' .M 1 r 4 1 a *�� c■� ■R!■ ++� .•l J Facility Information Facility Latitude: 35955'39" Sub -Basin: 04-03-06 Location Longitude: 82905' 45" HUC#: 06010108 Quad M Spruce Pine (D10NE) Stream Class: C-Trout A K-T Feldspar Corporation Receiving Stream: North Toe River North NC0000400 Permitted Flow: 1.73 MGD Mitchell County