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HomeMy WebLinkAboutNC0046531_Issuance of Permit_20150902MWENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary September 2, 2015 Mr. Kermeth R. Fudala, Terminal Superintendent ECO -Energy Distribution -Charlotte, LLC 725 Cool Springs Blvd. Suite 500 Franklin, TN 37067 Subject: Issuance of NPDIJS Permit NC0046531 ECO -Energy Distribution -Charlotte, LLC 7720 Mount Holly Road, Charlotte 28214 Mecklenburg County Dear IVIr. Fudala: The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Enviromnental Protection Agency dated October 15, 2007, or as subsequently amended. The Division understands that you have made no significant changes to your facility the last permit renewal. We have made the following updates to your previous permit: • added updates to facility map, outfall locations and parameter codes • added Monthly Average Lunit of 30.0 mg/L for Total Suspended Solids (TSS) • for Oil & Grease, please note that [00556] remains the same for submitting DMR/eDMR, but use test EPA method 1664 (SGT -HEM) with results in mg/L • replaced Phenol (single compound) [34694] with Total Recoverable Phenolics [32730]. Proposed federal regulations require elech•onic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. The requirement to begin report ing discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) Internet application has been added to yom• NPDES permit. [See Special Condition A. (4.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: ittp://potial.nedenr.org/web/wq/admiD/bog/ipti/edmr, For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax; 919-807-6492ICustomer Service: 1-877-623-6748 Internet:: www,ncwater,orq An Equal Opportunity\A ffirmative Action Employer Mr. Fudala September 2, 2015 Page 2 of 2 h@://www2.epa. gov/compliance/proposed-npdes-electronic-reporting-rule. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service, please contact Derek Denard at [derek.denard@ncdenr.gov] or call (919) 807-6307. Res ectfully, S. Jay Zimmerman, Act' rector Division of Water Resources, NCDENR Enclosure: NPDES Permit NC0046531 (Issuance Final) hc: Central Files NPDES Program Files MRO Files/ Attn: Michael Parker ec: Richard Farmer [Richard.farmer@mecklenburgcountync.gov] Aquatic Toxicology Unit/ Susan Meadows [susan.meadows@ncdenr.gov] Kenneth R. Fudala, ECO -Energy, Terminal Superintendent [kenf@eco-energy.com] Permit NC0046531 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES TO DISCHARGE WASTEWATER UNDER THE TIONAL POLLUTANT DIS (NPDES) ON In compliance with the provisiari of No�•th 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, ECO -Energy Distribution -Charlotte, LLC is hereby authorized to discharge wastewater from outfalls located at the ECO -Energy Distribution -Charlotte, LLC 7720 Mount Holly Road, Charlotte 28214 Mecklenburg County to receiving waters designated as an unnamed tributary of Gum Branch within the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111 and IV hereof. This permit shall become effective OCtOber 1, 2015. This permit and authorization to discharge shall expire at midnight on May 31, 2020. Q this day September 2, 2015. S. J,a�Gimmerman, Director Di�sion of Water Resources By Authority of the Environmental Management Commission Permit NC0046531 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revolted. 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. ECO -Energy Distribution -Charlotte, LLC is hereby authorized to: l . continue to operate a Water Pollution Control System treating stormwater runoff from truck loading racks consisting of. • Oil/water separator • Carbon adsorption • Polishing pond located at ECO -Energy Distribution -Charlotte, LLC, 7720 Mt. Holly Road, Paw Creels, Mecklenburg County, and 2. discharge from said treatment facility through Outfa11001, at a location specified on the attached map, into an unnamed tributary to Gum Branch [stream segment 11-120-5], a waterbody currently classified WS -IV located within subbasin 03-08-34 [HUC: 03050101] of the Catawba River Basin, Page 2 of 8 Permit NC0046531 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated stormwater from outfall 001. Such discharges shall be limited, monitored and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Codes] LIMITS MONITORING REQUIREMENTS' Monthly Average Daily Maximum' Measurement Frequency Sample Type Sample Location Flow 2 (MGD) 50050 Episodic 2 Effluent Total Suspended Solids (TSS) (mg/L) C0530 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Total Recoverable Phenolics 3 (mg/L) 32730 0.16 mg/L Monthly Grab Effluent Turbidity4 (NTU) 00070 50 NTU Quarterly Grab Effluent Oil and Grease (mg/L) [EPA Method 1664 SGT- HEM] 00556 Monthly Grab Effluent Benzene 3 (µg/L) 34030 1.19 pg/L Monthly Grab Effluent Toluene 3 (µg/L) 34010 11 µg/L Monthly Grab Effluent Ethyl Benzene 3 (µg/L) 34371 Monthly Grab Effluent Naphthalene 39 5 (µg/L) 34696 Monthly Grab Effluent Xylene 3 (µg/L) 81551 Monthly Grab Effluent MTBE 3 (µg/L) 22417 Monthly Grab Effluent EPA Method 625 6 76028 Semi- annually Grab Effluent Acute Toxicity 7 TAE6C Annually Grab Effluent Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reparts electronically using the Division's eDMR application system [see A. (4)]. 2. Flow shall be monitored with each discharge event — During periods of no flow, the Permittee shall submit a signed, monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored using any one of four methods: a) measure flow continuously (via flow meter, totalizer preferred); b) calculate flow (see Rational Equation ) based on total rainfall per unit area draining to the outfall [see A. (3.)]; c) estimate flow at 20 -minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 3. This sample to be collected concurrently with annual Acute Toxicity, Page 3 of 8 Pei7nit NC0046531 4. Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving -stream background exceeds 50 NTU, the effluent shall not increase background levels. Non-compliance with this Standard may require additional stream monitoring and a Turbidity Corrective Action Plan (TCAP). 5. Naphthalene — Provided that the Permittee can demonstrate to the Division that its facility does not now, nor has ever, stored diesel fuel or other heavy fuels onsite, it may petition to remove this requirement from the permit. 6. EPA Method 625- Once the facility has collected data for 12 consecutive sample events in which there have been no detections above the method detection limit, the Permittee may request DWR to modify this permit. 7. Acute Toxicity [TAE6C] Fathead Minnow (Pin7ephales promelas), 24 -hr definitive, LD50 >100%, Annual [see A. (2.)]. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • The Permittee shall discharge no tank solids, tank bottom water, or the rag layer. • Following hydrostatic testing, the Permittee shall discharge no tank (or pipe) contents unless benzene concentration test less than 1.19 µg2 and toluene concentration test less than 11 µg2. Permit NC0046531 A. (2.) ACUTE TOXICITY MONITORING (ANNUAL) [15A NCAC 02B .0500 et seq.] The permittee shall conduct acute toxicity tests on an annual basis using protocols defined as definitive in EPA Document EPA -821-R-02-012 entitled "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organi`sms." The monitoring shall be performed as a Fathead Minnow (Pinnephales pronielas) 24 hour static test. Effluent samples for self-monitoring purposes must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all waste treatment processes. The parameter code for Pin�ephales pronZelas is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR4) for the month in which it was performed, using the appropriate parameter code. Additionally, DWR Form AT -1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, North Carolina 27699-1623 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 any test data from either these monitoring requirements or tests perfor�rrred 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 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. Page 5 of 8 A. (3.) FLOW MEASUREMENT RATIONAL [G.S. 143-215.1(b)] The Rational E uc action: Q=KuCIA, where: Pe�7nit NCO046531 Q = flow (peak now rate (cis or in /see) Ku = units conversation factor = 1.008 for U.S. standard units (usually ignored because it is so close to 1), or 0.278 for SI 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). to = time of concentration (time after the beginning of rainfall excess when all portions of the drainage basin are contributing simultaneously to flow at the outlet). 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. Permit NCO046531 A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (1 l.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting (Supersedes Section D. (2.) and Section E (5) (a)1 Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous months) 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 DENR / DWR /Information Processing Unit ATTENTION: Central Files /eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permitt ee 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. Requests for temporary waivers from the NPDES electronic report ing requirements 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 using eDMR. Temporary waivers shall be valid For twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted Page 7 of 8 Permit NC0046531 electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NP -DES electronic reporting requirements is found on the following web page: httLJ ortal.ncdenr.org/web/wq/ad111 oghpu/edmr 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. 2. 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. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(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 ://p ortal.ncdenr. org/web/wq/admin/bo g/ipu/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 cer°tom, Zmder°penalty of latir�, that this document and all attachments were prepared under my dir^ection or° szrpervision in accoJ°dance }a ith a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons u�ho 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. if 3. Records Retention [ Supplements Section D. (6.)] 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]. Eco -Energy Distribution -Charlotte, LLC 7720 Mount Holly Road, Charlotte 28214 Receiving Stream: UT to Gum Branch Stream Class: WS -IV Stream Segment: 11-120-5 Sub -Basin: 03-08-34 Drainage Basin: Catawba HUC: 030501011403 Latitude: 350 16' 50" Longitude: 800 56'09" State Grid/USGS Quad: F15SW / Mount Island Lake, NC Facility Location Scale 1:24,000 NPDES Permit NC0046531 NOY'tj2 Mecklenburg County s t Facility Location Scale 1:24,000 NPDES Permit NC0046531 NOY'tj2 Mecklenburg County