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HomeMy WebLinkAboutNC0000311_Draft Permit_20221122 ROY COOPER � .� Governor •r: ELIZABETH S.BISER Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality November 22,2022 Ms.Edwin Morrow,President M-B Industries,Inc. P.O.Box 1118 Rosman,North Carolina 28201-1006 Subject: Draft NPDES Permit Permit NC0000311 M-B Industries,Inc. Transylvania County Facility Class I Dear Mr.Morrow: Enclosed with this letter is a copy of the Draft Permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The Draft Permit contains the following significant changes from your current permit: • The Whole Effluent Toxicity language for Outfall 001 and Outfall 003 was updated. • The Electronic Reporting of Discharge Monitoring Reports language was updated. Please provide any comments you have regarding the draft permit to this office by December 30, 2022. At this time,the Division is also publishinga notice in the newspapers of general circulation in Transylvania County,inviting public comment on the draft major modification. Following the 30-day comment period,we will review all pertinent comments received and take appropriate action on the permit modification. The NPDES Standard Conditions (Parts II,III,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 If you have any questions about the NPDES permit process,please contact me at the following e-mail address: sergei.chernikov@ncdenr.gov,or telephone number:919-707-3606. Sincerely, Sergei Chernikov,Ph.D. Environmental Engineer III Complex NPDES Permitting Unit cc: NPDES Files Asheville Regional Office/Surface Water Protection(e-copy) Aquatic Toxicology Unit(e-copy) TACU (e-copy) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH uwoi.IA 919.707.9000 w oouo.nf of rwaw fb.xfy� Permit NC0000311 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES Draft PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, M-B Industries, Inc. is hereby authorized to discharge wastewater from a facility located at the M-B Industries Wastewater Treatment Plant U.S. Highway 64 West of Rosman Transylvania County to receiving waters designated as the West Fork French Broad River in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on Signed this day Y Richard E. Rogers Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 10 Permit NC0000311 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. M-B Industries is hereby authorized to: 1. Continue to operate an existing 0.030 MGD physical/chemical treatment facility for the treatment of metal fabrication wastewater (outfall 001), discharge non- contact cooling water (outfall 002), and groundwater remediation (outfall 003) from facilities located at M-B Industries, Inc., U.S. Highway 64, west of Rosman in Transylvania County, and 2. Discharge from said treatment works at the location specified on the attached map into West Fork French Broad River, which is classified B-Trout HQW waters in the French Broad River Basin. Page 2 of 10 Permit NC0000311 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from Outfall 001 -METAL FINISHING. Such discharges shall be limited and monitored4 by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Average Daily Maximum Measurement Sample Type Sample Location Frequency Flow 0.030 MGD Weekly Instantaneous Influent or Effluent pH Between 6.0 and 9.0 S.U. Weekly Grab Effluent Total Suspended Solids 31.0 mg/L 60.0 mg/L 2/Month Grab Effluent Oil and Grease 26.0 mg/L 52.0 mg/L 2/Month Grab Effluent Effluent, Temperature(°C)' Weekly Grab Upstream, Downstream Total Toxic Organics(TTO)2 2.13 mg/L Monthly Grab Effluent Acute Toxicity3 Quarterly Grab Effluent Total Cadmium 0.26 mg/L 0.69 mg/L Quarterly Grab Effluent Total Chromium 1.71 mg/L 2.77 mg/L Monthly Grab Effluent Total Nickel 2.38 mg/L 3.98 mg/L Quarterly Grab Effluent Total Copper 2.07 mg/L 3.38 mg/L Quarterly Grab Effluent Total Cyanide 0.65 mg/L 1.20 mg/L Quarterly Grab Effluent Total Lead 0.43 mg/L 0.69 mg/L Quarterly Grab Effluent Total Silver 0.24 mg/L 0.43 mg/L Quarterly Grab Effluent Total Zinc 1.48 mg/L 2.61 mg/L Quarterly Grab Effluent Notes: 1. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 0.50C and in no case cause the ambient water temperature to exceed 200C. 2. In lieu of monitoring for TTO, the permittee may submit the following certification statement: Based on my inquiry of the person or persons directly responsible for managing compliance with the permit limitation for total toxic organics, I certify that, to the best of my knowledge and belief, no dumping of concentrated toxic organics into the wastewater has occurred since the filing of the last discharge monitoring report. 3. Whole Effluent Toxicity shall be assessed using the Acute Toxicity (Fathead Minnow) Pass/Fail at 90% test. See part A. (4.). 4. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (7.). There shall be no discharge of floating solids or foam visible in other than trace amounts. Page 3 of 10 Permit NC00003 11 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002 — NON-CONTACT COOLING WATER ONLY. Such discharges shall be limited and monitored3 by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Average Daily Maximum Measurement Sample Type Sample Frequency Location1 Flow Semi-annually Estimate Effluent Temperature,°C1 Semi-annually Grab Effluent Total Residual Chlorine2 17 µg/L Semi-annually Grab Effluent pH Between 6.0 and 9.0 S.U. Quarterly Grab Effluent Notes: 1. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 0.50C and in no case cause the ambient water temperature to exceed 200C. 2. Total Residual Chlorine monitoringand limit applies onlyif chlorine is added to the treatment PP system. The Division shall consider all effluent total residual chlorine values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 3. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (7.). The permittee shall obtain authorization from the Division of Water Resources prior to utilizing any biocide in the cooling water. THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT AS PRE-APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 10 Permit NC0000311 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 003 -GROUNDWATER REMEDIATION. Such discharges shall be limited and monitored2 by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location Flow 0.10 MGD Continuous Recording Effluent Cis-1,2 dichloroethene, pg/L Quarterly Grab Effluent Trichloroethene, pg/L Quarterly Grab Effluent Tetrachloroethene, pg/L Quarterly Grab Effluent Total Chromium Quarterly Grab Effluent Chronic Toxicity1 Quarterly Grab Effluent pH Between 6.0 and 9.0 S.U. Weekly Grab Effluent Notes: 1. Whole Effluent Toxicity shall be assessed using the Chronic Toxicity at 0.55% test. See part A. (5.). 2. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (7.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 5 of 10 Permit NC0000311 A. (4.) ACUTE TOXICITY PASS/FAIL LIMIT (Quarterly) [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity In A Single Effluent Concentration" (Revised December 2010, or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). Effluent samples for self-monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed during the months of March, June, September and December. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C. Additionally, DWR Form AT-2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Or, results can be sent to the email, ATForms.ATB(Zi ncdenr.gov. Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. 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 6 of 10 Permit NC0000311 A. (5.) CHRONIC TOXICITY 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 0.55%. 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 March, June, September, and December. Effluent sampling for this testing 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). The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- February 1998) 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 TGP3B 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 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Or, results can be sent to the email, ATForms.ATB(Z ncdenr.gov. 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, 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. 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. Page 7of10 Permit NC0000311 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. (6.) BIOCIDE CONDITION [G.S. 143-215, 143-215.1] The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting 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. A. (7.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.1 and Section E. (5.1 (all Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be Page 8 of 10 Permit NC0000311 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, 2025, 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: https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant- discharge-elimination-system-npde s-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Page 9 of 10 Permit NC0000311 4. Signatory Requirements (Supplements Section B. (11.) (b) and Supersedes Section B. (11.1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention [Supplements Section D. (6.11 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]. 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( o i (--- A ' 2 I11( i- ../1 '\ V�% .. kw' °kri . . - & - � h /, All/ ` _ / g'' _A .--- s ti/ I ",\-, ? C��. • fir. ,��p, ,....." i 0 {. U F ��` U�t\��UUUi�� -.�; _., -� „ : U \-.\.I l'" fri :4 \c,-----.----){... c-----,-,:::,.,if 50„.-..,,„..._,_ .- N000000311 - M-B Industries I Facility X Latitude: 35°08'15"[001] 35°08'16"[002&003] Location Longitude: 82°51'00"[001] 82°50'57" [002&003] Quad#: Rosman,N.C. Stream Class: B-Trout HQW Receiving Stream: West Fork French Broad River Sub-Basin: 04-03-01 North M .Nofla SeSP Permitted Flow: 001:0.030 MGD 002: not limited 003: 0.10 MGD i