TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AN ORDER concerning the application by the GCGV Asset Holding, LLC for new TPDES Permit No. TCEQ Docket No. 2018-0663-IWD. On July 25, 2018, the Texas Commission on Environmental Quality (Commission) considered during its open meeting requests for hearing ?led by Kim Hesley, Yolanda Samayoa, and Charles Shamel concerning the application by GCGV Asset Holding, LLC (Applicant) for new TPDES Permit No. WQ0005228000 authorizing the discharge of treated process wastewater, cooling tower blowdown, maintenance wastewater, water treatment wastewater, railcar wash water, miscellaneous wastewaters, wastewater from commissioning activities, and stormwater at a daily average ?ow not to exceed 9.03 million gallons per day (MGD) and daily maximum ?ow not to exceed 13.24 MGD in San Patricio County, Texas. The Commission also considered requests for reconsideration ?led by numerous individuals. The requests for hearing and reconsideration were evaluated under the requirements in the applicable statutes and Commission rules, including 30 Texas Administrative Code (TAC) Chapter 55. The Commission also considered the responses to the requests for hearing and consideration ?led by the Applicant, the Executive Director, and the Of?ce of Public Interest Counsel; the replies to requests for reconsideration ?led by the Center for Biological Diversity and Errol Summerlin; all timely public comment; and the Executive Director?s Response to Comment. After evaluation of all relevant ?lings, the Commission denied all requests for hearing and reconsideration. The Commission also adopted the Executive Director?s Response to Public Comment and approved the application of GCGV Asset Holding, LLC for new TPDES Permit No. WQ0005228000, in the form as shown in the draft permit prepared by the Executive Director. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY that: l. The hearing requests of Kim Hesley, Yolanda Samayoa, and Charles Shame] are hereby DENIED. 2. All requests for reconsideration are hereby DENIED. 3. The application of GCGV Asset Holding, LLC for TPDES Permit No. WQ0005228000 is APPROVED and the permit is ISSUED in the form as shown in the draft permit prepared by the Executive Director; 4. The Executive Director?s Response to Public Comment is ADOPTED in accordance with 30 TAC Chapter 55; and 5. If any provision, sentence, clause or phrase of this Order is for any reason held to be invalid, the invalidity of any portion shall not affect the validity of the remaining portions of the Order. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY EMMUQJAW Eryan \VDShaw, P.E., Chairman Date Signed TCEQ Docket No. 2018-0663-IWD TPDES PERMIT NO. WQ0005228000 [For TCEQ of?ce use only - EPA I .D. No. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O. Box 13087 Austin, Texas 78711-3087 PERMIT TO DISCHARGE WASTES under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code GCGV Asset Holding LLC whose mailing address is 22777 Springwoods Village Parkway Spring, Texas 77389 is authorized to treat and discharge wastes from a chemical manufacturing facility that produces ethylene, monoethylene glycol, and polyethylene (SIC 2821 and 2869) located on the south side of State Highway 181 and on the west side of Farm-to-Market Road 2986, approximately one mile west of the City of Gregory, in San Patricio County, Texas 78359 from the plant site via pipe to Corpus Christi Bay via Outfall 001, in Segment N0. 2481 of the Bays and Estuaries; via Outfalls 002 and 003 to drainage ditches, thence to mud ?ats, thence to Copano Bay/ Port Bay/ Mission Bay in Segment No. 2472 of the Bays and Estuaries; and via Outfalls 004 and 005 to drainage ditches, thence to Green Lake Ditch, thence to Green Lake, thence to a tidal channel, thence to Corpus Christi Bay in Segment No. 2481 of the Bays and Estuaries. only according to ef?uent limitations, monitoring requirements, and other conditions set forth in this permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ), the laws of the State of Texas, and other orders of the TCEQ. The issuance of this permit does not grant to the permittee the right to use private or public property for conveyance of wastewater along the discharge route described in this permit. This includes, but is not limited to, property belonging to any individual, partnership, corporation, or other entity. Neither does this permit authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the pe-rmittee to acquire property rights as may be necessary to use the discharge route. This permit shall expire at midnight, ?ve years from the date of permit issuance. rm Of?cer- For Mjmmission I ISSUED DATE: 93? 3 8 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS INTERIM PHASE Outfall Number 001 1. During the period beginning upon the date of permit issuance and lasting until the date of initiation of the Final Phase, the permittee is authorized to discharge wastewater treatment plant initialization wastewater utility wastewater from commissioning activities and stormwater subject to the following ef?uent limitations Volume: Intermittent and ?ow-variable Discharge Limitations Minimum Self-Monitoring Requirements Ef?uent Characteristics Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum mg/ mg/ mg/ Measurement Frequency Sample Type Flow Report, MGD Report, MGD 1 day Estimate 31321333031 OxygenDemand 20 20 Grab Total Suspended Solids 100 100 2/ week Grab Total Organic Carbon 75 75 1/week Grab Oil and Grease 20 2o 1 /wee1< Grab See Other Requirement N0. 10. See Other Requirement No. 3. When discharging. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 1 day by grab sample. 3. There shall be no discharge of ?oating solids or visible foam in other than trace amounts and no discharge of Visible oil. 4. Ef?uent monitoring samples shall be taken at the following location: at the point of discharge from the Ef?uent Pond and prior to entering the pipe to Corpus Christi Bay. Page 2 of TPDES Permit No. 005228000 GCGV Asset Holding LLC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL PHASE 1. Outfall Number 001 During the period beginning upon the date of initiation of the Final Phase and lasting through the date of permit expiration, the permittee is authorized to discharge treated process wastewater cooling tower blowdown, maintenance wastewater, water treatment wastewater, railcar wash water, miscellaneous wastewaters wastewater from commissioning activities and stormwater subject to the following ef?uent limitations The daily average ?ow of ef?uent shall not exceed 9.03 MGD. The daily maximum ?ow shall not exceed 13.24 MGD. Discharge Limitations Minimum Self-Monitoring Requirements Ef?uent Characteristics Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum lbs/ day lbs/ day mg/ Measurement Frequency Sample Type Flow 9.03 MGD 13.24 MGD Continuous Continuous Temperature Report, Report, 1/ day In?situ Oxygen Demand 1,082 2,497 70 2/ week Composite Total Suspended Solids 2,513 8,229 220 2 /week Composite Oil and Grease 1,083 1,450 20 1/week Grab Acenaphthene 0.380 1.00 0.020 1/ quarter Composite 0.380 1.00 0.020 1/ quarter Composite Acrylonitrile 1.70 4.27 0.085 1/ quarter Composite Anthracene 0.380 1.00 0.020 1/ quarter Composite Benzene 0.745 2.42 0.048 1 quarter Composite Benzo(a)anthracene 0. 380 1.00 0.020 1/ quarter Composite 0.397 1.03 0.020 1/ quarter Composite 0.380 1.00 0.020 1/ quarter Composite Benzo(a)pyrene 0.397 1.03 0.020 1/ quarter Composite phthalate 1.80 4.89 0.097 1/ quarter Composite Carbon Tetrachloride 0.849 2.13 0.042 1/ quarter Composite Chlorobenzene 0.808 1.99 0.039 1/ quarter Composite Chloroethane 1.88 4.90 0.097 1/quarter Composite Chloroform 5.88 17.0 0.34 1 quarter Composite 2?Chlor0phenol 0.421 1.33 0,026 1/ quarter Composite 0.380 1.00 0.020 1/quarter Composite Di-n-butyl Phthalate 0.452 0.958 0,019 1 quarter Composite 1,2-Dichlorobenzene 1.88 5.59 0.111 1/quarter Composite Page 2a of TPDES Permit No. WQ0005228000 GCGV Asset Holding LLC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL PHASE cont. Outfall Number 001 Discharge Limitations Minimum Self-Monitoring Requirements Ef?uent Characteristics Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum day day mg Measurement Frequency Sample Type 1,3-Dichlorobenzene 1.02 2.21 0.044 1/quarter Composite 1,4?Dichlor0benzene 0.808 1.99 0.039 1/ quarter Composite 1,1-Dichlor0ethane 0.392 1.05 0.0 21 1/ quarter Composite 1,2?Dichlor0ethane 1.69 5.31 0.106 1/ quarter Composite 1,1-Dichlor0ethylene 0.311 0.595 0.011 1/ quarter Composite 1,2?trans Dichloroethylene 0.392 1.01 0.020 1/ quarter Composite 2,4~Dichlor0phenol 0.530 1.52 0.030 1/ quarter Composite 1,2-Dichlor0pr0pane 2.91 6.50 0.129 1/ quarter Composite 1,3?Dichlor0propylene 1.22 3.97 0,079 1/ quarter Composite Diethyl Phthalate 1.29 3.24 0.064 1/ quarter Composite 0.325 0.689 0.013 1/ quarter Composite Dimethyl Phthalate 0.339 0.839 0.016 1/ quarter Composite 1.39 4.94 0.098 1/ quarter Composite 2,4-Dinitr0phenol 6.10 19.9 0.398 1/ quarter Composite 2,4-Dinitrotoluene 1.53 3.87 0.077 1/ quarter Composite 2,6?Dinitr0toluene 3.46 8.71 0,174 1/ quarter Composite 1.03 3.08 0.061 1/ quarter Composite Fluoranthene 0.433 1.15 0.023 1/ quarter Composite Fluorene 0.380 1.00 0.020 1/ quarter Composite Hexachlorobenzene 0?010 0'021 0.005 1/ quarter Composite Report, mg/ Report, mg/ Hexachlorobutadiene 0.876 2.28 0.045 1/ quarter Composite Hexachloroethane 1.11 4.11 0.082 1/ quarter Composite Methyl Chloride 1.63 3.83 0.076 1/ quarter Composite Methylene Chloride 0.697 1.93 0.038 1/ quarter Composite Naphthalene 0.380 1.00 0.020 1/ quarter Composite Nitrobenzene 9.88 28.1 0.562 1/ quarter Composite 2?Nitrophenol 0.834 1.92 0.038 1/ quarter Composite 4?Nitrophenol 1.66 4.13 0.082 1/ quarter Composite Page 2b of TPDES Permit No. WQ00052280 00 GCGV Asset Holding LLC EFFLUENT LIMITATIONS AND MONITORING REE FINAL PHASE cont. Outfall Number 001 Discharge Limitations Minimum Self-Monitoring Requirements Ef?uent Characteristics Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum day day mg Measurement Frequency Sample Type Phenanthrene 0.380 1.00 0.020 1/ quarter Composite Phenol 0.284 0.553 0.011 1/ quarter ComPOSite Pyrene 0.425 1.11 0.022 1/ quarter Composite Tetrachloroethylene 0.520 1.45 0.029 1 quarter Composite Toluene 0.472 1.40 0.028 1 quarter Composite 1,2,4-Trichlor0benzene 1.75 5.28 0.105 1 quarter Composite 1,1,1-Trichlor0ethane 0.379 0.985 0.019 1 quarter Composite 1,1,2-Trichloroethane 0.421 1.27 0.025 1/ quarter Composite Trichloroethylene 0.396 1.02 0.020 1/ quarter Composite Vinyl Chloride 1.82 4.37 0.087 1 quarter Composite See Other Requirement N0. 10. See Other Requirement N0. 3. See Other Requirement N0. 13. See Other Requirement N0. 14. Monitoring and reporting requirements expire one month prior to the date of permit expiration. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 1/ day by grab sample. 3. There shall be no discharge of ?oating solids or Visible foam in other than trace amounts and no discharge of Visible oil. 4. Ef?uent monitoring samples shall be taken at the following location: at the point of discharge from the Ef?uent Pond and prior to entering the pipe to Corpus Christi Bay. Page 20 of TPDES Permit No. WQ0005228000 GCGV Asset Holding LLC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Outfall Numbers 002 and 003 1. During the period beginning upon the date of permit issuance and lasting through the date of permit expiration, the permittee is authorized to discharge stormwater and allowable non?stormwater subject to the following ef?uent limitations: Volume: intermittent and ?ow?variable. Discharge Limitations Minimum Self-Monitoring Requirements Ef?uent Characteristics Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum mg/ mg mg Measurement Frequency Sample Type Flow Report, MGD Report, MGD A 1 day Estimate Total Organic Carbon 75 75 1/week Grab Oil and Grease 15 15 1/ week Grab See Other Requirement No. 10. When discharging. Samples must be collected within the ?rst 30 minutes of discharge and thereafter at the required measurement frequency unless local conditions pose a safety hazard for sampling personnel or if discharge begins outside of daylight hours. Under these conditions, the ?rst sample must be collected when conditions no longer pose a safety hazard or within 30 minutes after sunrise. Additional samples must then be collected at the required measurement frequency. The pH must not be less than 6.0 standard units nor greater than 9.0 standard units and must be monitored 1/ day by grab sample. There must be no discharge of ?oating solids or Visible foam in other than trace amounts and no discharge of visible oil. Ef?uent monitoring samples must be taken at the following locations: Outfall 002: at the point of discharge to the drainage ditch west of the Outfall 002 Stormwater Pond near the northwest corner of the property. Outfall 003: at the point of discharge to the drainage ditch. Page 2d of TPDES Permit No. WQ0005228000 GCGV Asset Holding LLC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Outfall Numbers 004 and 005 1. During the period beginning upon the date of permit issuance and lasting through the date of permit expiration, the permittee is authorized to discharge stormwater and allowable non-stormwater subject to the following ef?uent limitations: Volume: intermittent and ?ow?variable. Discharge Limitations Minimum Self-Monitoring Requirements Ef?uent Characteristics Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum mg mg mg/ Measurement Frequency Sample Type Flow Report, MGD Report, MGD 1 day Estimate Total Organic Carbon 55 55 1/ week Grab Oil and Grease 15 15 1/week Grab See Other Requirement No. 10. When discharging. Samples must be collected within the ?rst 30 minutes of discharge and thereafter at the required measurement frequency unless local conditions pose a safety hazard for sampling personnel or if discharge begins outside of daylight hours. Under these conditions, the ?rst sample must be collected when conditions no longer pose a safety hazard or within 30 minutes after sunrise. Additional samples must then be collected at the required measurement frequency. The pH must not be less than 6.0 standard units nor greater than 9.0 standard units and must be monitored 1/ day by grab sample. There must be no discharge of ?oating solids or visible foam in other than trace amounts and no discharge of visible oil. Ef?uent monitoring samples must be taken at the following locations: Outfall 004: at the point of discharge from the Outfall 004 Stormwater Pond at the northeast corner of the property prior to entering the drainage ditch. Outfall 005: at the point of discharge from the Outfall 005 Stormwater Pond at the southeast corner of the property prior to entering the drainage ditch. Page 2e of TPDES Permit No. WQ0005228000 GCGV Asset Holding LLC GCGV Asset Holding LLC TPDES Permit No. DEFINITIONS AND STANDARD PERMIT CONDITIONS As required Title 30 Texas Administrative Code (TAC) Chapter 305, certain regulations appear as standard con itions in waste discharge permits. 30 TAC ??3o5.121 - 305.12 (relatin to Permit Characteristics and Conditions) as romul ated under the Texas Water Co (TWC) ?5.103 and 5.105, and the Texas Health and Sa ety Co (THSC) and establish the characteristics and standards for waste discharge permits including sewage sludge, and those sections of 40 Code of Federal Regulations (CFR) Part 122 adopted by reference by the Commission. The followin text includes these conditions and incorporates them into this permit. All de?nitions in Texas Wgater Code ?26.001 and 30 TAC Chapter 305 shall ap ly to this permit and are incorporated by reference. Some speci?c de?nitions of words or phrases use in this permit are as follows: 1. Flow Measurements a. Annual average ?ow the arithmetic average of all dailly ?ow determinations taken within the preceding 12 consecutive calendar months. The annua average ?ow determination shall consist dail ?ow volume determinations made by a totalizm meter, charted on a chart recorder, and imited to major domestic wastewater discharge ?cilities with a one million gallons per day or greater permitted ?ow. b. Daily average ?ow - the arithmetic average of all determinations of the daily ?ow within a geriod of one calendar month. The daily average ?ow determination shall consist of eterminations made on at least four separate days. If instantaneous measurements are used to determine the daily ?ow, the determination shall be the arithmetic avera of all instantaneous measurements taken during that month. Dail average ?ow determination for glitei?lmittent discharges shall consist of a minimum of three ow determinations on days of so arge. Daily maximum ?ow - the highest total ?ow for any 24-hour period in a calendar month. (51. Instantaneous ?ow the measured ?ow during the minimum time required to interpret the ?ow measuring dev1ce. e. 2?hour peak flow (domestic wastewater treatment plants) the maximum ?ow sustained for a two?hour perlod during the plemodof dally discharge. The average of multiple measurements of ir?s?antaneous max1mum ow w1th1n a two-hour period may used to calculate the 2?hour pea ow. f. Maximum 2-hour peak flow {domestic wastewater treatment plants) the highest 2?hour peak ?ow for any 24?hour period In a calendar month. 2. Concentration Measurements a. Daily avera concentration 7 the arithmetic average of all ef?uent samples, composite or grab as required thIS permlt, w1thln a perlod of one calendar month, conSIStmg of at least four separate representatlve measurements. 1. For domestic wastewater treatment plants When four samples are not available in a calendar month, the arithmetic average (weighted by ?ow) of all values in the revious four consecutive month period consisting of at least four measurements shall be ut1 ized as the daily average concentration. ii. For all other wastewater treatment plants When four samples are not available in a calendar month, the arithmetic average (weighted by flow) of all values taken dunng the month shall be utlhzed as the daily average concentration. b. 7-day avera concentration the arithmetic average of all ef?uent samples, composite or grab as required permit, Wlthin a period of one calendar week, Sunday through Saturday. c. Daily maximum concentration - the maximum concentration measured on a single day, by the sample type speCI?ed 1n the permit, w1th1n a perlod of one calendar month. (1. Daily discharge the discharge of a pollutant measured during a calendar day or any 24?hour period that reasonably represents the calendar da for urploses of sampling. For pollutants w1th11m1tat10ns expresse 1n terms of mass, the ally isc arge? IS calculated as the total Page 3 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 mass of the pollutant discharged over the sampling day. For pollutants with limitations expressed 1n other un1ts of measurement, the da1 is calculated as the average measurement of the pollutant over the sampling day. The ?daily discharge? determination of concentration made using a com osite sample shall be the concentration of the composite sample. When grab samples are use the ?daily dischar e? determination of concentration shall be the arithmetic average (weighted by ?ow value) of agll samples collected during that day. e. Bacteria concentration (Fecal coliform, E. coli, or Enterococci) the number of colonies of bacteria per 100 milliliters ef?uent. The daily avera bacteria concentration is a geometric mean of the values for the ef?uent samples collecte in a calendar month. The geometric mean shall be determined by calculatin the root of the product of all measurements made in a calendar month where equals tie number of measurements made; or computed as the antilo arithm of the arithmetic mean of the logarithms of all measurements made in a calen ar month. For any measurement of bacteria ualing zero, a substitute value of one shall be made for input into either computation method. I spec1?ed, the -day avera for bacteria is the geometric mean of the values for all ef?uent samples collecte durmg a ca endar week. f. Daily average loading (lbs day) - the arithmetic avera of all daily discharge loadin calculations durin a period of one calendar month. ese calculations must be ma for each day of the month at a parameter is analyzed. The daily discharge, in terms of mass (lbs/ day), is calculated as (Flow, MGD Concentration, mg/ 8.34). g. Daily maximum loading (lbs day) - the highest daily discharge, in terms of mass (lbs/day), within a period of one calen ar month. 3. Sample Type a. Composite sample For domestic wastewater, a composite sample is a sample made up of a minimum of three ef?uent ortions collected in a continuous 24-hour period or during the period of daily discharge if ess than 2ihours, and combined in volumes roportional to ?ow, and collected at the intervals required 30 TAC For industria wastewater, a composite sample is a sam le made up of a minimum of three ef?uent portions collected in a contmuous 24- our perio or during the period of daily discharge if less than 24 hours, and gombirsefl in volumes prOportional to ?ow, and collected at the intervals required by 30 TAC 319.9 . b. Grab sample - an individual sample collected in less than 15 minutes. 4. Treatment Facility (facility) wastewater facilities used in the conveyance, storage, treatment, recycling, reclamation or disposal of domestic sewage, industrial wastes, a ricultural wastes, recreational wastes, or other wastes including sludge handling or disposal acilities under the jurisdiction of the Commission. 5. The term ?sewage sludge? is de?ned as solid, semi?solid or liquid residue enerated during the treatment of domestic sewage 1n 30 TAC Chapter 312. This includes the so ids that have not been class1?ed as hazardous waste separated from wastewater by umt processes. 6. Bypass - the intentional diversion of a waste stream from any portion of a treatment facility. MONITORING AND REPORTING REQUIREMENTS 1. Self-Reporting Monitoring results shall be provided at the intervals speci?ed in the permit. Unless otherwise 3 eci?ed in this permit or otherwise ordered by the Commission, the permittee shall conduct uent sam ling and reporting in accordance with 30 TAC ??31tg4 319.12. Unless otherwise eci?ed, uent monitorin ata shall be submitted each mon to the Enforcement Division 224), the 20th da 0 the following month for each discharge that is described by this permit whe er or not a ischarge is made for that month. Monitoring results must be submitted online using the reportmg system available through the TCEQ website unless the permittee requests and obtalns an electronic reporting waiver. Monitoring results must be signed and certi?ed as required by Monitoring and Reporting Requirements No. 10. Page 4 GCGV Asset Holding LLC TPDES Permit No. As rovided by state law the ermittee is subject to administrative, civil and criminal penalties, as agp icable, for negligently or violating the Clean Water Act; TWC Chapters 26, 27, and 2 and THSC Chapter 61, including ut not limited to knowingly making any false statement representation, or certi 1cation on any report, record, or other document submitted or required to be maintained under this permit, inc uding monitoring reports or reports of compliance or noncompliance, or falsifyin tampering w1th or kn0w1ngly rendering inaccurate any monitoring device or method required this permit or violating any other requirement imposed by state or federal regulations. 2. Test Procedures a. Unless otherwise 8 eci?ed in this permit, test rocedures for the analysis of pollutants shall comply with roce ures speci?ed In 30 TAC 319.11 - 319.12. Measurements, tests, and calculatlons all be accurately a representative manner. b. All laboratory tests submitted to demonstrate compliance with this permit must meet the requi?ements of 30 TAC Chapter 25, Environmental Testing Laboratory Accreditation and Certi cation. 3. Records of Results a. Monitoring samples and measurements shall be taken at times and in a manner so as to be representative 0 the monitored act1v1ty. b. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least ?ve years longer as re uired 40 CFR Part 503), monitoring and re ortin records, including strip arts and recor of ca ibration and maintenance, c0p1es of a recor by this permit, records of all data used to complete the a pllication for this ermit, and certi?cation required by 40 CFR a 1 be retained at facility site, or shall be readily available for review by a TCEQ representative for a period of three years from the date of the record or sample, measurement, report, application or certi?cation. This period shall be extended at the request of the Executive Director. c. Records of monitoring activities shall include the following: i. date, time, and place of sam 1e or measurement; ii. identity of indiVIdual who collected the sample or made the measurement; date and time of anal sis; iv. identi of the indivi ual and laboratory who performed the analysis; v. the tee nique or method of analysis; and vi. the results of the analysis or measurement and quality assurance/ quality control records. The period durin which records are required to be kept shall be automatically extended to the date of the ?nal IS 031ti0n. of any administratlve or judicial enforcement action that may be against perm1ttee. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more fre uently than required by this ermit us'n(g ap roved analytical methods as eci?ed above all resu ts of such monitoring shal be include in flie calculation and reporting 0 the values submitted on the approved self-report form. Increased frequency of sampling shall be indicated on the self?report form. 5. Calibration of Instruments All automatic ?ow measurin or recording devices and all totalizing meters for measuring ?ows shall be accurately calibrate by a trained person at plant start-u and as often thereafter as necessary to ensure accuracy, but not less often than annually un ess authorized by the Executive Director for a longer period. Such person shall verify in writing that the device is operating pro erly and giving accurate results. Copies of the veri?cation shall be retained at the faci 1ty site or all be readily available for review by a TCEQ representative for a period of three years. Page 5 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 6. Compliance Schedule Reports Reports of compliance or noncompliance with, or any rogress reports on, interim and ?nal requirements contalned 1n an compliance schedule 0 the permit shall be submitted no later than 14 d)ays followmg each schedu date to the Regional Office and the Enforcement Division (MC 224 . 7. Noncompliance Noti?cation a. In accordance with 30 TAC ?305.125(9) any noncompliance that may endanger human health or safety, or the environment shall be reported by the permittee to the TCE . Report of such information shall be provided orally or by facsimile transmission (FAX) to Regional Of?ce within 24 hours of becoming aware of the noncompliance. A written submission of such information shall also be - rovided the permittee to the Regional Of?ce and the Enforcement Division 224) wi in ?ve working days of becoming aware of the noncompliance. For Publicly Owned Treatment Works (POTWs), effective Se tember 1, 2020, the permittee must submit the written report for unauthorized discharges and? unanticipated bypasses that exceed an ef?uent limit in the permit using the online ectronic reporting 5 stem available throng the TCEQ website unless the permittee re nests and obtains an ectronic reportin waiver. The written submission shall contain a escri tion of the noncompliance an its cause; the potential dan er to human health or safg or the environment; the period of noncompliance, inc uding exact dates and times; if the noncompliance has not been corrected, the time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence 0 the noncompliance, and to mitigate its adverse effects. b. The following violations shall be reported under Monitoring and Reporting Requirement i. unauthorized discharges as de?ned in Permit Condition ii. any unanticipated bypass that exceeds an ef?uent limitation in the permit. violation of a permitted maximum daily ischar limitation for ollutants listed speci?cally in the Other Requirements section 0 an Industrial DES permit. c. In addition to the above, any ef?uent violation that deviates from the permitted ef?uent limitation more than 40% shall be reported by the permittee in wntin to the Regional Of?ce and Enforcement Division (MC 224) within 5 working days of ecoming aware of the noncompliance. d. Any noncompliance other than that speci?ed in this section, or any required information not submitted or submitted incorrectly, all be reported to the Enforcement Division (MC 224) as as Cpossible. For ef?uent imitation Violations, noncompliances shall be reported on the approve self-report form. 8. In accordance with the procedures described in 30 TAC ??35.301 35.303 (relatin to Water Quality Emer?ency and Temporary Orders) if the permittee knows in advance of need for a bypass, it sha pr10r notice by applying for such authorization. 9. Changes in Discharges of Toxic Substances All existin manufacturin commercial, mining, and silvicultural permittees shall notify the Re ional f?ce, orally or facsimile transmission within 24 hours, and both the Re 'onal Of?ce an the Enforcement Divismn (MC 224) in writing within ?ve (5) working days, after ecoming aware of or having reason to believe: a. That any activity has occurred or will occur that would result in the discharge, on a routine or frequent basis, of any toxiqlpollutant listed at 40 CFR Part 122, Appendix D, Tables II and (excludin Total Phenols) at is not limited in the permit, if that ischarge will exceed the highest 0 the following ?noti?cation levels?: 1. one hundred micrograms per liter (100 ug/ ii. two hundred micrograms per liter (200 icilg/ L) for acrolein and acrylonitrile; ?ve hundred micrograms per liter (500 L) for 2 4- 1nitr0phenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (gl mg/ L) for antimony; ?ve (5) times the maximum concentration value reported for that pollutant in the permit application; or level established by the TCEQ. iv. Page 6 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 b. That any activity has occurred or will occur that would result in any discharge, on a nonroutine or mfregluent basis, of a tox1c pollutant that is not limlted 1n the permit, if that discharge W111 exceed highest of the following ?noti?cation levels?: i. ?ve hundred micrograms per liter (500 ug/ ii. one milligram er liter (1 mg/ L) for antimony; ten (10) tlmes maximum concentration value reported for that pollutant in the permit a plication; or iv. level established by the TCEQ. 10. Signatories to Reports All reports and other information requested by the Executive Director shall be signed by the person and in the manner required by 30 TAC ?3o5.128 (relating to Signatories to Reports). 11. All POTWs must provide adequate notice to the Executive Director of the following: a. any new introduction of ollutants into the POTW from an indirect discharger that would be 311 ject to CWA ?301 or 306 if it were directly discharging those pollutants; b. any substantial change in the volume or character of pollutants being introduced into that POEW by a source introducing pollutants into the POTW at the time of issuance of the permit; an e. for the purpose of this paragraph, adequate notice shall include information on: i. the quality and quantity of ef?uent introduced into the and ii. any antici ated Impact of the change on the quantity or quality of ef?uent to be discharged from the OTW. PERMIT CONDITIONS 1. General a. When the permittee becomes aware that it failed to submit any relevant facts in a permit applicatlon, .or incorrect information 1n an apphcatlon or 1n any report to the Executive D1rector, it shall submit such facts or information. b. This permit is ranted on the basis of the information supplied and representations made by the ermittee uring action on an application, and relying upon the accuracy and completeness of at information and those representations. After notice and opportunity for a hearlng, this permit may be modi?ed, suspended, or revoked, in whole or in part, in accordance with 30 TAC Chapter 305, Subchapter D, during its term for good cause including, but not limited to, the following: i. violation of any terms or conditions of this permit; ii. obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or a change in any condition that re uires either a temporary or permanent reduction or elimination of the authorized disc arge. c. The permittee shall furnish to the Executive Director, upon request and within a reasonable time, any information to determine whether cause exists for amending, revoking, suspending, or terminating the permit. The permittee shall also furnish to the Executive Director, upon request, copies of records required to be kept by the permit. 2. Compliance a. Acceptance of the permit by the person to whom it is issued constitutes acknowled ment and agreement that such person will comply with all the terms and conditions embodie in the permlt, and the rules and other orders of the b. The permittee has a duty to comply with .all conditions of the dpermit. Failure to comply with any permit condition constitutes a violatlon of the permit an the Texas Water Code or the Texas Health and Safety Code, and is grounds for enforcement action, for permit amendment, Page 7 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 revocation, or suSpension, or for denial of a permit renewal application or an application for a permlt for another fac111ty. It shall not be a defense for a permittee in an. enforcement action that it would have been necessary to halt or reduce the act1v1ty in order to malntain compliance With the of the permlt. The permittee shall take all reasonable steps to minimize or revent any discharge or sludge use or dlsposal or other permlt v101at10n that has a reasonab likelihood of adversely affecting human health or the envrronment. Authorization from the Commission is required before beginning any change in the permitted fac111ty or that may result in noncompliance w1th any permit requirements. A permit may be amended, suspended and reissued, or revoked for cause in accordance with 30 TAC ??30 .62 and 305.66 and TWC ?7.302. The ?ling of a request by the permittee for a permit amen ment, suspension and reissuance, or termlnation, or a noti?cation of planned changes or anticipated noncompliance, does not stay any permit condition. There shall be no unauthorized discharge of wastewater or any other waste. For the purpose of this permit, an unauthorized discharge IS considered to be any dischar of wastewater 1nto or adjacent to water in the state at an location not permitted as an outfa? or otherwise de?ned in the Other Requirements section 0ty this permit. In accordance with 30 TAC the permittee ma allow any bypass to occur from a TPDES permitted facility that does not cause permitted effluent limitatlons to be exceeded or an unauthorized discharge to occur, but only If the bypass is also for essential maintenance to assure ef?cient operation. The permittee is sub'ect to administrative, civil, and criminal penalties, as applicable, under Texas Water Code 7.051 - 7.075 (relating to Administrative enalties), 7.101 7.111 (relating to Civil Penalties), and 7.141 - 7.202 (relatin to Criminal Offenses and Penalties) for violations including, but not limited to, negligentl or owingly violating the federal CWA ??301, 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permlt issued under the CWA ?402, or any re uirement imposed in a pretreatment program approved under the CWA or 402 3. InSpections and Entry a. b. Ins ection and entry shall be allowed as prescribed in the TWC Chapters 26, 27, and 28, and TH Chapter 361. The members of the Commission and employees and agents of the Commission are entitled to enter any public or private roperty at any reasonable time for the pu ose 0f inspecting and Investigatlng conditions re ating to the quality of water 1n the state or compliance With an rule, regulatlon, permit, or other order of the Commission. Members, employees, or agents 0 the Commission and Commission contractors are entitled to enter public or private property at any reasonable time to investigate or monitor or, if the responsible party is not responswe or there is an immediate danger to ublic health or the environment, to remove or remediate a condition related to the quality 0 water in the state. Members, employees, Commission contractors, or agents acting under this authority who enter private property shall observe the establishment?s rules and regulations concerning safe internal security, and ?re protection, and if the property has management in residence, shal notify management or the erson then in charge of presence'and shall exhibit r0per credentials. If any member, emp oyee, Commission contractor, or agent is refuse the right to enter in or on public or private property under this authority, the Executive Director may invoke the remedies authorized in TWC ?7.002. The statement above, that Commission entry shall occur in accordance with an establishment?s rules and regulations concerning safety, internal security and ?re protection, is not grounds for denial or restriction of entry to any part of the facili but merely describes the Commission?s duty to observe appropriate rules and regulations during an inspection. Page 8 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 4. Permit Amendment or Renewal 21. The ermittee shall give notice to the Executive Director as soon as possible of an planned alterations or additions to the permitted facility if such alterations or ad lons would require a permit amendment or result in a violation of permit requirements. Notice shall also be required under this paragraph when: i. the alteration or addition toa permitted facility may meet one of the criteria for determinlng whether a fac111ty IS a new source 1n accordance With 30 TAC ?3o-5.534 (relating to New Sources and New Dischargers); or ii. the alteration or addition could signi?cantly change the nature or increase the quantity of pollutants discharged. This noti?cation applies to pollutants that are subject nelther to ef?uent limitations in the permit, nor to noti?cation requirements in Monitoring and Reporting Requirements No. 9; or the alteration or addition results in a signi?cant change in the permittee?s slud use or disposal practices, and such alteration, addition, or change may justify the app 1cation of permit conditions that are different from or absent in the existing permit, inc uding notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. Prior to any facility modi?cations, additions, or expansions that will increase the plant capacity beyond the permitted ?ow, the must_apply for and obtain proper authorization from the Commission before commencing construction. The permittee must appl for an amendment or renewal at least 180 days prior to expiration of the existing permit in or er to continue a permitted activity after the expiration date of the permit. If an application is submitted prior to the expiration date of the permit, the existing permit shall remain in effect until the application is approved, denied, or returned. If the a plication is returned or denied, authorlzation to continue such activity shall terminate upon effective date of the action. If an a plication is not submitted prior to the iration date of the permit, the permit shall expire an authorization to continue such activity 5 all terminate. Prior to accepting or generating wastes that are not described in the permit a plication or that would result 1n a sigm?cant change in the quantity or quality of the existing ischarge, the permittee must report the pr0posed changes to the Commission. The must ap 1y for a permit amendment re?ectin any necessa chan es in permit condltions, including uent limitations for pollutants not i enti?ed and imited this permit. In accordance with the TWC after a public hearin notice of which shall be iven to the the Commission ma require the permittee, om time to t1me for goo cause, in accordance with applicable aws, to conform to new or conditlons. If any toxic ef?uent standard or prohibition (including an schedule of com liance speci?ed in such ef?uent standard or prohibition) is promul ated un er CWA ?307(a) or a toxic pollutant that is present in the discharge and that standar or prohibition is more stringent than any limitatlon on the pollutant in this 1plermit, this permit shall be modi?ed or revoked and reissued to conform to the toxic uent standard or prohibition. The permittee shall comply with ef?uent standards or prohibitions established under CWA ?3 07(a) for toxic pollutants within the time rovided in the regulations that established those standards or prohibitions, even if the permit has not yet been modi?ed to incorporate the requirement. 5. Permit Transfer a. Prior to any transfer of this permit, Commission a proval must be obtained. The Commission shall be noti?ed in writing of any change in contro or ownership of facilities authorized by this permit. Such noti?cation shoul be sent to the Applications Rev1ew and Processing Team (MC 148) of the Water Quality Division. b. A permit may be transferred onl according to the provisions of 30 TAC ?3o5.64 (relating to Transfer of Permits) and 30 TA ?50.133 (relating to Executive Director Actlon on Application or WQMP update). Page 9 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 6. 10. 11. Relationship to Hazardous Waste Activities This permit does not authorize any activity of hazardous waste storage, Frocessin or dis osal that requlres a permit or other authorizatlon pursuant to the Texas Hea th and Sa ety Co e. Relationship to Water Rights Disposal of treated effluent any means other than discharge directly to water in the state must 3% speci?cally authorized 1n 1s permlt and may requ1re a permit pursuant to Texas Water Code apter 11. Property Rights A permit does not convey any property rights of any sort, or any exclusive privilege. Permit Enforceability The conditions of this permit. are severable, and if any provision of this permit, or the application of any prowsion of th1s permit to any c1rcumsta_nces, 1s held invalid, the applicatlon of such prows1on to other c1rcumstances, and the remalnder of perm1t, shall not be affected thereby. Relationship to Permit Application The application pursuant to which the Eermit has been issued is incorporated herein; provided, however, that 111 the event of a con?ict etween the prows10ns of th1s permit and the the prov1$10ns of the perm1t shall control. Notice of Bankruptcy. a. Each ermittee shall notify the executive director, in writing, immediately following the ?ling of a vo unta or involuntary petition for under any chapter of Title 11 (Bankruptcy of the United States Code (11 USC) or against: i. the permittee' ii. an entity (as that term is de?ned in 11 USC, ?101(15)) controlling the permittee or listing the permit or permittee as pro erty of the estate; or an af?liate (as that term is de med in 11 USC, ?101(2)) of the permittee. b. This noti?cation must indicate: i. the name of the ermittee; ii. the ermit numlye?s); the ankruptcy court in which the petition for bankruptcy was ?led; and iv. the date of 1ling of the petition. OPERATIONAL REQUIREMENTS 1. The permittee shall at all times ensure that the facility and all of its systems of collection treatment, and dis osal are proper] operated and maintained. This 1ncludes, but is not limited to, the regular, perio 1c examination 0 wastewater solids within the treatment plant by the operator in order to maintain an appropriate quantity and quality of solids inventory as described in the various operator training manuals and according to accepted industry standards for process control. Process control, maintenance, and erations records shall be retained at the facility site, or shall be readily available for review by a TEEQ representative, for a period of three years. Upon request by the Executive Director, the permittee shall take appropriate samples and provide proper analysis in order to demonstrate com liance with Commission rules. Unless otherwise 3 eci?ed in this permit or otherwise ordered the Commission, the permittee shall comply with a lap licable provisions of 30 TAC. Chapter 312 concerning?lsewa sludge use and disposal and 30 TAC ?319.21 - 319.29 concerning the of certain azar ous metals. Page 10 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 3. Domestic wastewater treatment facilities shall comply with the following provisions: a. The permittee shall notify the Municipal Permits Team, Wastewater Permitting Section (MC 148) of the Water Quality Division, in writing, of any facility expansion at least 90 days prior to condticting such act1v1ty. b. The permittee shall submit a closure plan for review and approval to the Munici al Permits Team, Wastewater Permitting Section (MC 148) of the Water Quality Division, any closure activity at least 90 days prior to conducting such activity. Closure is the act of ermanently taking a waste mana ement unit or treatment facility out of service and includes the permanent removal rom service of any pit, tank, pond, lagoon, surface impoundment or other treatment unit regulated by this permit. 4. The permittee is responsible for installing prior to plant start-up, and subsequently maintaining, adequate safeguards to prevent the discharge of untreated or inade uately treated wastes during electrical power failures by means of alternate power sources, stand generators, or retention of inadequately treated wastewater. 5. Unless otherwise speci?ed, the permittee shall provide a readily accessible samplin point and, where ap licable, an ef?uent ?ow measuring device or other acceptable means ef?uent ?ow may determined. 6. The permittee shall remit an annual water quality fee to the Commission as required by 30 TAC Chapter 21. Failure to pay the fee may result in revocation of 121115 permit under TWC ?7.3o2(b) (6). 7. Documentation For all written noti?cations to the Commission required of the permittee by this permit, the permittee shall keep and make available a copy of each such noti?cation under the same conditions as self-monitorin data are required to be ke and made available. Except for information required for TPDES permit applications, uent data, includin ef?uent data in ermits, draft permits and permit applicatlons, and other information speci led as not con?dential 1n 30 TAC an information submitted pursuant to this permit may be claimed as con?dential by the submitter. Any such claim must be asserted in the manner prescribed in the application form or by stampin the words ?con?dential business information on each page containin such information. I no claim is made at the time of submission, information may be made ava1 able to the public without further notice. If the Commission or Executive Director agrees with the designation of con?dentiality, the TCEQ will not provide the information for public inspection unless required by the Texas Attorney General or a court pursuant to an open records re%uest. If the Executive Director does not agree with the designation of con?dentiahty, the person su mitting the information will be noti?ed. 8. Facilities that generate domestic wastewatershall comply with the following provisions; domestic wastewater treatment fac111t1es at permitted Industrial Sltes are excluded. a. Whenever ?ow measurements for any domestic sewage treatment facility reach 75% of the permitted daily average or annual avera ?ow for three consecutive months, the permittee must initiate engineering and ?nancial annin for expansion or upgrading of the domestic wastewater treatment or collection faci ities. enever the ?ow reac es 90 /o of the permitted daily average or annual average ?ow for three consecutive months, the permittee shall obtain necessary authorization from the Commission to commence construction of the necessary additional treatment or collection facilities. In the case of a domestic wastewater treatment facility that reaches 75% of the permitted daily average or annual average ?ow for three consecutive months, and the planned population to be served or the quantity of waste produced is not expected to exceed the design limitations of the treatment facility, the permittee shall submit an engineering report supporting this claim to the Executive Director of the Commission. If in the judgment of the Executive Director the population to be served will not cause permit noncompliance, then the requirement of this section ma be waived. To be effective, any waiver must be in writin and signed by the Director of Enforcement Division (MC 149) of the Commission, and suc waiver of these requirements will be reviewed upon expiration of the existing permit; however, any such waiver shall not be interpreted as condoning or excusing any violation of any permit parameter. Page 11 GCGV Asset Holding LLC TPDES Permit No. b. The plans and speci?cations for domestic sewage collection and treatment works associated with any domestic permit must be approved by the Commission, and failure to secure a proval before commencing construction of such works or making a discharge is a violation of ?18 permit and each day is an additional violation until approval has been secured. Permits for domestic wastewater treatment plants are ranted subfect to the policy of the Commission to encourage the deveIOpment of area-wi waste col ection, treatment, and disposal systems. The Commission reserves the right to amend any domestic wastewater permit in accordance with applicable procedural requirements to require the system covered permlt to be integrate into an area?wide system, should such be develo ed; to re uire the delivery of the wastes authorized to be collected in, treated by or discharge from sai system, to such area?wide system; or to amend this permit in any other particular to effectuate Commission's polic . Such amendments ma be made when the changes required are advisable for water qua i? control pu oses an are feasible on the basis of waste treatment technology, engineering, lnancial, an related considerations existing at the time the changes are required, exclusive of the loss of investment in or revenues from any then existing or proposed waste collection, treatment or disposal system. 9. Domestic wastewater treatment plants shall be Operated and maintained by sewage plant 10. 11. erators holding a valid certi?cate of competency at the required level as de?ne apter 30. in 30 TAC For Publicly Owned Treatment Works (POTWs), the 30?day average (or average) percent removal for BOD and TSS shall not be less than 85%, unless otherwise authorized by 121113 permit. Facilities that generate industrial solid waste as de?ned in 30 TAC ?335.1 shall comply with these a. waste, as de?ned in 30 TAC ?335.1 (including but not limited to such wastes as gar a e, refuse, sludge from a waste treatment, water suppl treatment plant or air pollution contro facility, discarded materials, discarded materials to recycled, whether the waste is solid, liquid, or semisolid), generated by the permittee during the management and treatment of wastewater, must be managed in accordance with all apphcable prowsions of 30 TAC Chapter 335, relating to Industrial Solid Waste Management. Industrial wastewater that is being collected, accumulated, stored, or processed before discharge through any ?nal discharge outfall, speci?ed this permit, is considered to be industrlal solid waste until the wastewater asses through the actual oint source discharge and must be managed in accordance with a applicable provisions 0 30 TAC Chapter 335. The permittee shall rovide written noti?cation, pursuant to the requirements of 30 TAC to the orrective Action Section (MC 127) of the Remediation Division informing the Commission of any closure activity involving an Industrial Solid Waste Management Unit, at least 90 days prior to conducting such an activity. Construction of any industrial solid waste management unit requires the prior written noti?cation of the pro osed activity to the Registration and Re orting Section (MC 1293 of the Permittin and Reme iation Support Division. No person shalinispose of industrial so id waste, inc udin sludge or other solids from wastewater treatment processes, prior to ful?lling the deed recor ation requirements of 30 TAC ?335.5. The term ?industrial solid waste management unit? means a land?ll surface impoundment, waste-pile, industrial furnace, incinerator, cement kiln, injection well, container, drum, salt dome waste containment cavern, or any other structure vessel, appurtenance, or other improvement on land used to manage Industrial solid waste. The permittee shall keep management records for all sludge (or other waste) removed from any wastewater treatment process. These records shall ful 11 all applicable requirements of '(Il?AChChapter 335 and must Include the following, as it pertains to wastewater treatment an 1sc arge: i. volume of waste and date(s) generated from treatment process; ii. volume of waste disposed of on?site or shipped off?site; date(s) of disposal; Page 12 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 iv. identity of hauler or transporter; v. location of osal Site; and v1. method of ?na d1sposal. The above records shall be maintained on a basis. The records shall be retained at the facili site, or shall be readily available for review by authorized representatives of the TCEQ for at east ?ve years. 12. For industrial facilities to which the requirements of 30 TAC Chapter 335 do not apply, slud and solid wastes, includin tank cleaning and contaminated solids for disposal, shall be dlspose of in accordance with THS Code Chapter 361. TCEQ Revision 01/2016 Page 13 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 OTHER REQUIREMENTS 1. The executive director reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program CMP) in accordance with the regulations of the General Land Of?ce and has determined that the action is consistent with the applicable CMP goals and policies. Violations of daily maximum limitations for the following pollutants shall be reported orally or by facsimile to TCEQ Region 14 within 24 hours from the time the permittee becomes aware of the violation, followed by a written report within ?ve working days to TCEQ Region 14 and the Enforcement Division (MC 224): We. Pollutant (mg Pollutant (mg Acenaphthene 0.010 0.010 0.010 Dimethyl Phthalate 0.010 Acrylonitrile 0.050 ,6-Dinitro?o?Cresol 0.050 Anthracene 0.010 2,4-Dinitrophen01 0.050 Benzene 0.010 2,4-Dinitrotoluene 0.010 Benzo(a)anthracene 0.005 2,6-Dinitrotoluene 0.010 0.010 0.010 0.005 Fluoranthene 0.010 Benzo(a)pyrene 0.005 Fluorene 0.010 phthalate 0.010 Hexachlorobenzene 0.005 Carbon Tetrachloride 0.002 Hexachlorobutadiene 0.010 Chlorobenzene 0.010 Hexachloroethane 0.020 Chloroethane 0.050 Methyl Chloride 0.050 Chloroform 0.010 Methylene Chloride 0.020 2?Chlor0phenol 0.010 Naphthalene 0.010 0.005 Nitrobenzene 0.010 Di?n?butyl Phthalate 0.010 2?Nitr0phenol 0.020 1,2?Dichlorobenzene 0.010 4?Nitrophen01 0.050 1,3?Dichlorobenzene 0.010 Phenanthrene 0.010 1,4?Dichlorobenzene 0.010 Phenol 0.010 1,1?Dichloroethane 0.010 Pyrene 0.010 1,2-Dichlor0ethane 0.010 Tetrachloroethylene 0.010 1,1-Dichlor0ethylene 0.010 Toluene 0.010 1,2-trans-Dichloroethylene 0.010 1,2,4-Trichlorobenzene 0.010 2,4?Dichlor0phenol 0.010 1,1,1?Trichloroethane 0.010 1,2-Dichloropropane 0.010 1,1,2?Trichlor0ethane 0.010 1,3?Dichlor0pr0pylene 0.010 Trichloroethylene 0.010 Diethyl Phthalate 0.010 Vinyl Chloride 0.010 Minimum analytical level Test methods used must be sensitive enough to demonstrate compliance with the permit ef?uent limitations. If an ef?uent limit for a pollutant is less than the MAL, then the test method for that pollutant must be sensitive enough to demonstrate compliance at the MAL. Permit compliance noncompliance determinations will be based on the ef?uent limitations contained in this permit, with consideration given to the MAL for the pollutants speci?ed above. When an analysis of an ef?uent sample for a pollutant listed above indicates no detectable levels above the MAL and the test method detection level is as sensitive as the Speci?ed MAL, a value of zero (0) shall be used for that measurement when making calculations for the self?reporting form. Page 14 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 This applies to determinations of daily maximum concentration, calculations of loading and daily averages, and other reportable results. When a reported value is zero (0) based on this MAL provision, the permittee shall submit the following statement with the self-reporting form either as a separate attachment to the form or as a statement in the comments section of the form: ?The reported value(s) of zero (0) for Ilist pollutant(s)l on the self?reporting form for [monitoring period date ranael is based on the following conditions: 1) the analytical method used had a method detection level as sensitive as the MAL speci?ed in the permit, and 2) the analytical results contained no detectable levels above the speci?ed When an analysis of an ef?uent sample for a pollutant indicates no detectable levels and the test method detection level is not as sensitive as the MAL speci?ed in the permit, or an MAL is not speci?ed in the permit for that pollutant, the level of detection achieved shall be used for that measurement when making calculations for the self?reporting form. A zero (0) may not be used. 3. Reporting requirements pursuant to 30 TAC Sections 319.1?319.11 and any additional ef?uent reporting requirements contained in the permit are suspended from the effective date of the permit until plant startup or discharge, whichever comes ?rst, from the facility described by this permit. The permittee shall provide written notice to the TCEQ Region 14 Of?ce and the Applications Review and Processing Team (MC 148) of the Water Quality Division at least forty- ?ve (45) days prior to plant startup or anticipated discharge, whichever occurs ?rst, and prior to completion of each additional phase on Noti?cation of Completion Form 20007. 4. COOLING WATER INTAKE STRUCTURE RE UIREMENTS The permittee shall provide written noti?cation to the TCEQ Industrial Permits Team (MC 148) and the Region 14 Of?ce of any change in the method by which the facility obtains water for cooling purposes. This noti?cation must be submitted 30 days prior to any such change and must include a description of the planned changes. The TCEQ may, upon review of the noti?cation, reopen the permit to include additional terms and conditions as necessary. 5. This permit does not authorize the discharge of domestic wastewater. All domestic wastewater must be disposed of in an approved manner, such as routing to an approved on?site septic tank and drain?eld system or to an authorized third party for treatment and disposal. 6. The mixing zone for Outfall 001 is defined as a volume of water within a radius of 200 feet extending over the receiving water from the point where the discharge reaches Corpus Christi Bay. Chronic toxic criteria apply at the edge of the mixing zone. 7. The zone of initial dilution (ZID) for Outfall 001 is de?ned as a volume of water Within a radius of 50 feet extending over the receiving water from the point where the discharge reaches Corpus Christi Bay. Acute toxic criteria apply at the edge of the ZID. The permittee shall maintain the diffuser at Outfall 001 to achieve a maximum ef?uent percentage of 16.9% at the edge of the ZID. 8. POND REQUIREMENTS A wastewater pond must comply with the following requirements. A wastewater pond or lagoon) is an earthen structure used to evaporate, hold, store, or treat water that contains a wasteor pollutant or that would cause pollution upon discharge as those terms are de?ned in Texas Water Code 26.001, but does not include a pond that contains only stormwater unless the pond contains stormwater discharge associated with industrial activity as those terms are de?ned in 40 Page 15 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 A. A wastewater pond subject to 40 CFR Part 257, Subpart (related to coal combustion residuals) must comply with those requirements in lieu of the requirements in through of POND REQUIREMENTS. An existing wastewater pond must be maintained to meet or exceed the original approved design and liner requirements; or, in the absence of original approved requirements, must be maintained to prevent unauthorized discharge of wastewater into or adjacent to water in the state. The permittee shall maintain copies of all liner construction and testing documents at the facility or in a reasonably accessible location and make the information available to the executive director upon request. A new wastewater pond constructed after the issuance date of this permit must be lined in compliance with one of the following requirements if it will contain process wastewater as de?ned in 40 CFR ?122.2. The executive director will review ponds that will contain only non?process wastewater on a case-by case basis to determine whether the pond must be lined. If a pond will contain only non?process wastewater, the owner shall notify the Industrial Permits Team (MC 148) to obtain a written determination at least 90 days before the pond is placed into service. The permittee must submit all information about the proposed pond contents that is reasonably necessary for the executive director to make a determination. If the executive director determines that a pond does not need to be lined, then the pond is exempt from C1 through C3 and through of POND REQUIREMENTS. A wastewater pond that only contains domestic wastewater must comply with the design requirements in 30 TAC Chapter 217 and 30 TAC ?309.13(d) in lieu of items C1 through C3 of this subparagraph. (1) Soil liner: The soil liner must contain clay-rich soil material (at least 30% of the liner material passing through a #200 mesh sieve, liquid limit greater than or equal to 30, and plasticity index greater than or equal to 15) that completely covers the sides and bottom of the pond. The liner must be at least 3.0 feet thick. The liner material must be compacted in lifts of no more than 8 inches to 95% standard proctor density at the optimum moisture content in accordance with ASTM D698 to achieve a permeability less than or equal to 1 10-7 (5 0.0000001) cm/sec. For in?situ soil material that meets the permeability requirement, the material must be scari?ed at least 8 inches deep and then re?compacted to ?nished grade. (2) membrane: The liner must be a membrane liner at least 40 mils in thickness that completely covers the sides and the bottom of the pond. The liner material used must be compatible with the wastewater and be resistant to degradation from ultraviolet light, chemical reactions, wave action, erosion, etc.). The liner material must be installed and maintained in accordance with the manufacturer?s guidelines. A wastewater pond with a membrane liner must include an underdrain with a leak detection and collection system. (3) Alternate liner: The permittee shall submit plans signed and sealed by a Texas- licensed professional engineer for any other equivalently-protective pond lining method to the TCEQ Industrial Permits Team (MC 148). For a pond that must be lined according to subparagraph (including ponds with in?situ soil liners), the permittee shall provide certi?cation, signed and sealed by a Texas-licensed professional engineer, stating that the completed pond lining and any required underdrain with leak detection and collection system for the pond meet the requirements in subparagraph C1 - C3 before using the pond. The certi?cation shall include the following minimum details about the pond lining system: (1) pond liner type (in-situ soil, amended in-situ soil, imported soil, membrane, or alternative), (2) materials used, (3) thickness of materials, and (4) either permeability test results or a leak detection and collection system description, as applicable. Page 16 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 The certi?cation must be provided to the TCEQ Water Quality Assessment Team (MC 150), Industrial Permits Team (MC 148), Compliance Monitoring Section (MC 224), and TCEQ Regional Of?ce. A copy of the liner certi?cation and construction details as?built drawings, construction QC documentation, and post construction testing) must be kept on-site or in a reasonably accessible location (in either hardcopy or digital format) until the pond is closed. E. Protection and maintenance requirements for a pond subject to subparagraph or (including ponds with in?situ soil liners). (1) The permittee shall maintain a liner to prevent the unauthorized discharge of wastewater into or adjacent to water in the state. (2) A liner must be protected from damage caused by animals. Fences?or other protective devices or measures may be used to satisfy this requirement. (3) The permittee shall maintain the structural integrity of the liner and shall keep the liner and embankment free of woody vegetation, animal burrows, and excessive erosion. (4) The permittee shall inspect each pond liner and each leak detection system at least once per month. Evidence of damage or unauthorized discharge must be evaluated by a Texas?licensed professional engineer or Texas-licensed professional geoscientist within 30 days. The permittee is not required to drain an operating pond or to inspect below the waterline during these routine inspections. a. A Texas-licensed professional engineer or Texas-licensed professional geoscientist must evaluate damage to a pond liner, including evidence of an unauthorized discharge without visible damage. b. Pond liner damage must be repaired at the recommendation of a Texas-licensed professional engineer or Texas-licensed professional geoscientist. If the damage is signi?cant or could result in unauthorized discharge, then the repair must be documented and certi?ed by a exas-licensed professional engineer. Within 60 days after a repair is completed, liner certi?cation must be provided to the TCEQ Water Quality Assessment Team (MC 150), Compliance Monitoring Section (MC 224), and TCEQ Regional Of?ce. A copy of the liner certi?cation must be maintained at the facility or in a reasonably accessible location and made available to the executive director upon request. c. A release determination and subsequent corrective action will be based on 40 CFR Part 257 or the Texas Risk Reduction Program (30 TAC Chapter 350), as applicable. If evidence indicates that an unauthorized discharge occurred, including evidence that the actual permeability exceeds the design permeability, the matter may also be referred to the TCEQ Enforcement Division to ensure the protection of the public and the environment. F. For a pond subject to subparagraph or (including ponds with in-situ soil liners), the permittee shall have a Texas?licensed professional engineer perform an evaluation of each pond that requires a liner at least once every ?ve years. The evaluation must include: (1) a physical inspection of the pond liner to check for structural integrity, damage, and evidence of leaking; (2) a review of the liner documentation for the pond; and (3) a review of all documentation related to liner repair and maintenance performed since the last evaluation. For the purposes of this evaluation, evidence of leaking also includes evidence that the actual permeability exceeds the design permeability. The permittee is not required to drain an operating pond or to inspect below the waterline during the evaluation. A copy of the engineer's evaluation report must be maintained at the facility or in a reasonably accessible location and made available to the executive director upon request. Page 17 GCGV Asset Holding LLC TPDES Permit No. 10. G. For a pond subject to subparagraph or (including ponds with in-situ soil liners), the permittee shall maintain at least 2.0 feet of freeboard in the pond except when: (1) the freeboard requirement temporarily cannot be maintained due to a large storm event that requires the additional retention capacity to be used for a limited period of time; (2) the freeboard requirement temporarily cannot be maintained due to upset plant conditions that require the additional retention capacity to be used for treatment for a limited period of time; or (3) the pond was not required to have at least 2.0 feet of freeboard according to the requirements at the time of construction. This permit does not provide authorization for the permittee to accept wastewaters from third party sources, nor does it prohibit acceptance of such wastewaters. This permit only provides the authorization to discharge these wastes. Should authorization to accept third party waste be required, it is the obligation of the permittee to obtain such authorization from the appropriate regulatory authority. DEFINITIONS Allowable Non-Stormwater Allowable non-stormwater discharges may contain any combination of the following waste streams: - discharges from emergency ?re?ghting activities and uncontaminated ?re hydrant ?ushings (excluding discharges of hyperchlorinated water, unless the water is ?rst dechlorinated and discharges are not expected to adversely affect aquatic life) - potable water sources (excluding discharges of hyperchlorinated water, unless the water is - ?rst dechlorinated and discharges are not expected to adversely affect aquatic life) 0 lawn watering and similar irrigation drainage, provided that all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling - water from the routine external washing of buildings, conducted without the use of detergents or other chemicals 0 water from the routine washing of pavement conducted without the use of detergents or other chemicals and where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) - uncontaminated air conditioner condensate, compressor condensate, and steam condensate, and condensate from the outside storage of refrigerated gases or liquids - water from foundation or footing drains where ?ows are not contaminated with pollutants process materials, solvents, or other pollutants) . uncontaminated water used for dust suppression - springs and other uncontaminated groundwater - incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but excluding intentional discharges from the cooling tower ?piped? cooling tower blowdown or drains). Miscellaneous Wastewaters (Final Phase Outfall 001) Miscellaneous wastewaters will be intermittently present in the discharge via Outfall 001. Some of these wastewaters will be commingled with process wastewater for treatment in the wastewater treatment unit prior to being monitored and discharged via Outfall 001. Others that do not require treatment may be routed directly to the Ef?uent Pond. Miscellaneous wastewaters may be present in any combination or quantity and may come into contact with process Page 18 GCGV Asset Holding LLC TPDES Permit No. materials and wastes. The following is a list of miscellaneous wastewaters that may be intermittently present in ef?uent monitored at Outfall 001: contaminated cooling water contaminated condensate furnace decoking condensate slop oil tank draws Pygas storage tank draws ?are drum wastewater wastewater from upsets or spills oily or contaminated wastewaters or contaminated ?rst-?ush stormwater from the Air Separation Unit ?re?ghting wastewaters wash pad water unit wash down water equipment washdown, washout, and cleaning wastewaters ?re water system test and ?ushing waters. Treated Process Wastewater (Final Phase Outfall 001) wastewater from the ole?ns unit, including ole?ns Benzene Waste Operations NESHAP stripper ef?uent, ole?ns dilution steam blowdown, and ammonia vapor control wastewater wastewater from the monoethylene glycol (MEG) unit wastewater from Polyethylene (PE) Units 1 and 2 stormwater (primarily ?rst??ush runoff from process areas, but may also include runoff from other areas where stormwater could be contaminated and small amounts of runoff from non-process areas) spent caustic from ole?ns production other wastewaters that could be contaminated. Utility Wastewater?om Commissionina Activities (Interim Phase Outfall 001) Utility wastewater from commissioning activities may contain any combination of the following waste streams: - hydrostatic test water - passivation water from various systems, which may include treatment chemicals a ?ush water from various systems - caustic boilout from boilers and furnaces these waste streams will be trucked off site for disposal if quality is not acceptable for discharge to the Ef?uent Pond blowdown from boilers and furnaces water from startup of condensate receivers and surface condensers washup water from catalyst handling (may need to be trucked off site for disposal) and process areas industrial water from utility stations wash water from foundations and footings allowable non-stormwater. Wastewaterfrom Commissioninq Activities (Final Phase Outfall 001) Initially, some wastewater from commissioning activities that are still being completed may also be routed to the WWTP as necessary: WWTP initialization wastewater Page 19 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 11. hydrostatic test water; passivation water from tanks, which may include treatment chemicals ?ush water from various systems blowdown from boilers and furnaces washup water from catalyst handling and process areas water draws from tanks wash water from foundations and footings allowable non?stormwater. Wastewater Treatment Plant Initialization Wastewater Interim Phase Outfall 001} Wastewater generated while setting up the biological treatment system that will eventually be used to treat process wastewater. ADDITIONAL TESTING REQUIREMENTS Interim Phase The following applies to the Interim Phase at Outfall 001. Analytical testing must be initiated within 30 days of initial discharge from commissioning activities that lasts longer than four days. Within 30 days of obtaining the analytical results, the permittee shall complete the required tables in Attachment A and submit them to the TCEQ Industrial Permits Team (MC 148). Based on a technical review of the submitted analytical results, a permit amendment may be initiated by TCEQ staff to include additional ef?uent limitations or monitoring requirements, or both. The tables required to be completed during the Interim Phase are as follows: Table 1: Analysis is required for all pollutants. Wastewater must be sampled and analyzed for those parameters listed in Table 1 for a minimum of one sampling event. Table 3: For all pollutants listed in Table 3, the permittee shall indicate whether each pollutant is believed to be present or absent in the discharge. Sampling and analysis must be conducted for each pollutant believed present for a minimum of one sampling event. Final Phase The following applies to the Final Phase at Outfall 001. Wastewater discharged via Outfall 001 must be sampled and analyzed as directed below for those parameters listed in Tables 1-8 of Attachment A of this permit. Analytical testing for Outfall 001 must be completed within 60 days of initial discharge that is representative of normal operating conditions. Results of the analytical testing must be submitted within 30 days of obtaining the analytical results to the TCEQ Industrial Permits Team (MC 148). Based on a technical review of the submitted analytical results, an amendment may be initiated by TCEQ staff to include additional ef?uent limitations, monitoring requirements, or both. Tables 1-2: Analysis is required for all pollutants in Tables 1 and 2. Wastewater must be sampled and analyzed for those parameters listed in Tables 1 and 2 for a minimum of four sampling events that are each at least one week apart. Table 3: For all pollutants listed in Table 3, the permittee shall indicate whether each pollutant is believed to be present or absent in the discharge. Sampling and analysis must be conducted for each pollutant believed present for a minimum of one sampling event. Tables 4-7: Analysis is required for all pollutants in Tables 4-7. Wastewater must be sampled for a minimum of one sampling event; multiple sampling events must be a minimum of one week apart. Report an average and a maximum value if more than one analytical result is available. Page 20 GCGV Asset Holding LLC TPDES Permit No. 12. 13. 14. Table 8: Analysis is required for all pollutants in Table 8 for which there is an approved analytical method in 40 CFR Part 136. Wastewater must be sampled for a minimum of one sampling event; multiple sampling events must be a minimum of one week apart. Report an average and a maximum value if more than one analytical result is available. The permittee shall report the ?ow at Outfall 001 in MGD in the attachment. The permittee shall indicate on each table whether the samples are composite (C) or grab (G) by checking the appropriate box. Instructions for averaging results: For results that are non?detect, enter a and the level at which the pollutant was not detected. When averaging results for a pollutant that are a mixture of non-detects and detected concentrations, for non-detects use one?half of the detection limit. Test methods used must be sensitive enough to meet the minimum analytical levels (MALs) in the tables in Attachment A and the requirements of 40 CFR 136.1(c) regarding suf?ciently sensitive methods. The following requirements apply to stormwater and allowable non-stormwater discharged via Outfalls 002, 003, 004, and 005. Stormwater (with or without allowable non-stormwater) from each of these outfalls must be individually sampled and analyzed as directed below for those parameters listed in Tables 9 and 10 of Attachment A of this permit. Analytical testing for each discharge must be completed within 60 days of that discharge. Results of the analytical testing must be submitted within 30 days of obtaining the analytical results to the TCEQ Industrial Permits Team (MC 148). Based on a technical review of the submitted analytical results, an amendment may be initiated by TCEQ staff to include additional ef?uent limitations, monitoring requirements, or both. Table 9: The ?rst two discharges that are at least one week apart must be sampled and analyzed for the pollutants listed at least once by either a grab sample during the ?rst 30 minutes or a ?ow?weighted composite sample, if equipment is available for compositing by ?ow. Table 10: The ?rst two discharges that are at least one week apart must be sampled and analyzed for the pollutants listed at least once by either a grab sample during the ?rst 30 minutes or a ?ow-weighted composite sample, if equipment is available for compositing by ?ow. The permittee submitted a thermal plume characterization study to the TCEQ for approval and implementation in accordance with the agreement reached by the TCEQ and the EPA in their letters dated April 29, 2014 and May 12, 2014, respectively. The permittee is hereby placed on notice that the Executive Director of the TCEQ will be initiating changes to evaluation procedures and/ or rulemaking that may affect thermal requirements for this facility. POLLUTANT SAMPLING REOUENCY REDUCTIONS A. If none of the ?rst four consecutive quarterly tests detect the pollutant, the permittee may submit this information in writing and, upon written approval by the TCEQ, reduce the testing frequency to once per six months. B. If one or more of the ?rst four consecutive quarterly tests detects the pollutant, the permittee shall continue quarterly testing for that pollutant until this permit is reissued. If a testing frequency reduction had been previously granted and a subsequent test detects the pollutant, the permittee will resume a quarterly testing frequency for that pollutant until this permit is reissued. Page 21 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 15. STORMWATER POLLUTION PREVENTION PLAN A. The permittee shall develop and implement a stormwater pollution prevention plan (SWP3) that includes a set of best management practices (BMPs) to eliminate or lessen the exposure of stormwater to industrial activities and pollutants, including but not limited to, process materials and equipment, ?nished and intermediate products, plastic pellets and ?nes, oils and greases, wastes, wastewaters, and maintenance materials. The SWP3 must be maintained on site for a period of at least ?ve years and be made readily available for review by authorized TCEQ personnel. The SWP3 must contain elements, or sections, to require implementation of the following activities: 1. Good Housekeeping Measures Activities must be de?ned and implemented to ensure areas of the facility that either contribute or potentially contribute pollutants to stormwater discharges railyard, process and support areas, non-process areas, maintenance and administration areas) are maintained and operated in a clean and orderly manner. The frequency for conducting each of the good housekeeping measures must be de?ned in the SWP3. 2. Spill Prevention and Response Measures Areas must be identi?ed where Spills would likely contribute pollutants to stormwater discharges. Procedures must be identi?ed and implemented to minimize or prevent contamination of stormwater from spills. Spill cleanup techniques must be identi?ed and the necessary materials and equipment for cleanup made available to facility personnel. Facility personnel that work in the identi?ed areas must be trained in spill prevention and response measures at a minimum frequency of once per year. A record of employee training must be maintained on site for a period of at least ?ve years and made readily available for inspection by authorized TCEQ personnel upon request. 3. Maintenance Program for Stormwater Control Structures A maintenance program must be developed and implemented to maintain the effectiveness of stormwater structural controls, including but not limited to the stormwater sedimentation/ detention basin and the potentially contaminated stormwater basins. The SWP3 must identify speci?c activities, techniques, and schedules for maintenance of stormwater structural controls that ensure continued effective operation of these controls. Maintenance activities must be recorded at a minimum frequency of once per quarter, and records must be maintained on site for a period of at least ?ve years and made readily available for inspection by authorized TCEQ personnel upon request. The SWP3 may be modi?ed at any time in order to implement either additional or more effective pollution control measures. A summary of revisions, including the dates of the revisions, shall be maintained on a quarterly basis, maintained as a part of the SWP3 document, and made readily available for inspection by authorized TCEQ personnel upon request. Quali?ed personnel, who are familiar with the industrial activities performed at the facility, must conduct inspections to determine the effectiveness of the Good Housekeeping Measures, Spill Prevention and Response Measures, and Maintenance Program for Structural Controls. The results of inspections must be documented in an inspection summary report, including an assessment for any necessary revisions or additional measures to increase effectiveness of the SWP3 and a time-frame for implementation of any follow-up actions. The summary report must be maintained on site and made readily available for insPection by authorized TCEQ personnel upon request. Page 22 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 16. 17. Polyethylene (plastic) pellets must not be discharged in amounts prohibited by 30 TAC or (3). The permittee shall conduct weekly inspections of each outfall to ensure that no plastic pellets have been or are about to be discharged. If any plastic pellets have been discharged through any outfall in amounts prohibited by 30 TAC or (3), the permittee shall notify the TCEQ Region 14 Of?ce and immediately take steps to remove the pellets. Monitoring results must be provided at the intervals Speci?ed in the permit. For pollutants which are monitored twice per year, the ?rst ef?uent report must be submitted six months after the date of plant start?up or discharge, whichever comes ?rst, and subsequent reports every six months thereafter. For pollutants which are monitored four times per year, the ?rst ef?uent report must be submitted three months after the date of plant start?up or discharge, whichever comes ?rst, and subsequent reports every three months thereafter. Page 23 GCGV Asset Holding LLC Table 1 Attachment A TPDES Permit No. WQ0005228000 Outfall No.: (1) [j Gt2) Ef?uent Concentration (mg/ L) Pollutant Sample Sample 2 Sample 3 Sample 4 Average Flow (MGD) BOD (5?day) CBOD (5?day) Chemical Oxygen Demand Total Organic Carbon Dissolved Oxygen Ammonia Nitrogen Total Suspended Solids Nitrate Nitrogen Total Organic Nitrogen Total PhOSphorus Oil and Grease Total Residual Chlorine Total Dissolved Solids Sulfate Chloride Fluoride Temperature Total Alkalinity (mg as 03003) pH (Standard Units; min max) Pollutant Ef?uent Concentration (pg/ L) (3) 11g! L) Total Aluminum 2.5 Total Antimony 5 Total Arsenic 0.5 Total Barium 3 Total Beryllium 0.5 Total Cadmium 1 Total Chromium 3 Trivalent Chromium Hexavalent Chromium Total Copper 3 2 Cyanidec5J 10 Total Lead 0.5 Total Mercury 0.005 Total Nickel 2 Total Selenium 5 Total Silver 0.5 Total Thallium 0.5 Total Zinc 5.0 1 Composite sample 2 Grab sample 3 Indicate units if different from ug/L 4 Minimum analytical level 5 Use method for available cyanide Page 24 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 Table 2 Outfall No.: I EIG Ef?uent Concentration (ug/ L) MAL Pollutant Sample 1 Sample 2 Sample 3 Sample 4 Average (ug/ L) Acrylonitrile 50 Anthraeene 10 Benzene 10 Benzidine 50 Benz0(a)anthracene 5 Benzo(a)pyrene 5 Bis(2?chlor0ethyl) ether 10 phthalate 10 Bromodichlorome?'lane 10 Bromoform 10 Carbon Tetrachloride 2 Chlorobe?zene 10 Chlorodibromomethane 10 Chloroform 10 5 Cresols 10 1,2-Dibromoethane 10 m-Diehlorobenzene 10 o-Dichlorobenzene 10 p-Dichlorobenzene 10 5 1,2-Dich10roethane 10 1,1-Dichloroethylene 10 Dichloromethane 20 1,2-Dichlor0propane 10 10 Di-n-Butyl Phthalate 10 10 Fluoride 500 Hexachlorobenzene 5 Hexachlorobutadiene 1o Hexachlorocyclopentadjene 10 Hexachloroethane 20 Methyl Ethyl Ketone 50 Nitrobenzene 1o N?Nitrosodiethylamine 20 N?Nitroso-di-n?Butylamine 20 333 Pentachlorobenzene 20 Pentachlorophenol 5 Phenanthrene 10 Biphenyls 0 2 (PCBs) (2) Pyridine 20 1,2,4,5-Tetrachlorobenzene 20 1,1,2,2-Tetrachlor0ethane 10 Tetrachloroethylene 10 Toluene 10 1,1,1?Trichloroethane 10 Page 25 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 Table 2 Outfall 0.: I DC Ef?uent Concentration (1.1g! L) (13 MAL Pollutant Sample 1 Sample 2 Sample 3 Sample 4 Average (ug/ L) 1,1,2-Trichloroethane 10 Trichloroethylene 10 2,4,5-Trichlorophenol 5o (Total Trihalomethanes) 10 Vinyl Chloride 10 (1) (2) Indicate units if different from ng/ L. Total of detects for PCB-1232, and If all values are non?detects, enter the highest non?detect with a Table 3 Presence/Absence 7) preceding it. Outfall No.: I EIC EIG Pollutant Believed Present Believed Ef?uent Concentration (mg/ L) Absent Average Maximum No. of Samples Bromide Color (PCU) Nitrate?Nitrite (as N) Sul?de (as S) Sul?te (as 303) Surfactants Total Boron Total Cobalt Total Iron Total Magnesium Total Molybdenum Total Manganese Total Tin Total Titanium Page 26 GCGV Asset Holding LLC Table 4 Volatiles TPDES Permit No. WQ0005228000 Outfall No.: I EIC Ef?uent Concentration (pg/L) No. of MAL Pollutant Average Maximum Samples (pg/ L) Acrolein 50 Acrylonitrile 50 Benzene 10 Bromoform 10 Carbon tetrachloride 2 Chlorobenzene 10 Chlorodibromomethane 10 Chloroethane 5O ether 10 Chloroform 10 Dichlorobromomethane 10 1,1-Dichloroethane 10 1,2-Dichloroethane 10 1,1-Dichloroethylene 10 1,2-Dichloropropane 10 1,3-Dichlor0propylene 10 10 Methyl bromide 50 Methyl chloride 50 Methylene chloride 20 1,1,2,2-Tetrachloroethane 10 Tetrachloroethylene 10 Toluene 10 1,2?Trans?dichloroethylene 10 1,1,1?Trichloroethane 10 1,1,2-Trichloroethane 10 Trichloroethylene 10 Vinyl chloride 10 Table 5 - Acids Outfa11N0.: I EIG Ef?uent Concentration (pg! L) No. of MAL Pollutant Average Maximum Samples (ug/ L) 2?Chlorophenol 10 2,4?Dichlorophenol 10 10 4,6-Dinitro-o-cresol 50 2,4-Dinitrophenol 50 2?Nitrophenol 2o 4-Nitrophenol 5o p-Chloro?m-cresol 10 Pentachlorophenol 5 Phenol 10 2,4,6?Trichlorophenol 10 Page 27 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 Table 6 Bases/Neutrals Outfall No.: I EIC EIG Ef?uent Concentration (pg/ L) No. of MAL Pollutant Average Maximum Samples (pg/ L) Acenaphthene 10 10 Anthracene 10 Benzidine 50 Benzo(a)anthracene 5 Benzo(a)pyTene 5 10 Benzo(gh0perylene 20 5 Bis(2-chlor0ethoxy) methane 10 Bis(2-chloroethyl) ether 10 Bis(2?chloroisopropyl) ether 10 phthalate 10 ether 10 Butylbenzyl Phthalate 10 2-Chloronaphthalene 10 4?Chlor0phenyl phenyl ether 10 5 5 1,2-Dichlorobenzene 10 1,3-Dichlorobenzene 10 1,4-Dichlorobenzene 10 5 Diethyl Phthalate 10 Dimethyl Phthalate 10 Di-n-butyl Phthalate 10 2,4-Dinitrotoluene 10 2,6-Dinitrotoluene 10 Di-n?octyl Phthalate 10 [as Azobenzene] 20 Fluoranthene 10 Fluorene 10 Hexachlorobenzene 5 Hexachlorobutadiene 10 Hexachlorocyclopentadiene 10 Hexachloroethane 20 pyrene 5 Isophorone . 10 Naphthalene 10 Nitrobenzene 10 N?Nitrosodimethylamine 5o N-Nitrosodi?n?propylamine 20 N?Nitrosodiphenylamine 20 Phenanthrene 10 Pyrene 10 1,2,4-Trichlorobenzene 10 Page 28 GCGV Asset Holding LLC Table 7 - Pesticides TPDES Permit No. WQ0005228000 Outfall No.: I DC DG Ef?uent Concentration (pg/ L) No. of MAL Pollutant Average Maximum Samples (ugfL) Aldrin 0.01 alpha?BHC [alpha?Hexachlorocyclohexane] 0.05 beta?BHC [beta-Hexachlorocyclohexane] 0.05 gamma-BHC Lgamma?Hexachlorocyclohexane] 0.05 delta-BHC [delta-Hexachlorocyclohexane] 0.05 Chlordane 0.2 0.02 0.1 0.1 Dieldrin 0.02 Endosulfan I (alpha) 0.01 Endosulfan II (beta) 0.02 Endosulfan sulfate 0.1 Endrin 0.02 Endrin aldehyde 0.1 Heptachlor 0.01 Heptachlor epoxide 0.01 PCB 1242 0.2 PCB 1254 0.2 PCB 1221 0.2 PCB 1232 0.2 PCB 1248 0.2 PCB 1260 0.2 PCB 1016 0.2 Toxaphene 0.3 Table 8 Hazardous Substances Outfall No.= IZIC IZIG CASRN No. of MAL Analytical Samples ug/ L) Method Pollutant Average Mammum Acetaldehyde 50 Acetone Ally] Chloride 10 Benzyl Alcohol Ethylene Glycol - Ethylene Oxide Formaldehyde Methanol PhOSphine Propylene Oxide 25 Styrene 10 Xylenes, total 10 Page 29 GCGV Asset Holding LLC Table 9 Stormwater, Standard Pollutants TPDES Permit No. WQ0005228000 Outfall 0.: Maximum Values Average Values Number Grab Composite Grab Composite of Storm MAL Pollutant Sample (1) Sample Sample Sample (2) Events (mg/ L) (mg! L) (mg/ L) (mg/ L) (mg/ L) Sampled pH (standard units) (max) (min) Total Suspended Solids Chemical Oxygen Demand Total organic carbon Oil and grease Arsenic, total 0.0005 Barium, total 0.003 Cadmium, total 0.001 Chromium, total 0.0 03 Chromium, trivalent Chromium, hexavalent 0.003 Copper, total 0.002 Lead, total 0.0005 Mercury, total 0.000005 Nickel, total 0.002 Selenium, total 0.005 Silver, total 0.0005 Zinc, total 0.005 Taken during the ?rst 30 minutes of storm event (2) Flow?weighted composite sample Page 30 GCGV Asset Holding LLC Table 10 Stormwater, Facility-Speci?c Pollutants TPDES Permit No. WQ0005228000 Outfall 0.: Maximum Values Average Values Number Grab Composite Grab Composite of Storm MAL Pollutant Sample (1) Sample Sample (1) Sample Events (mg/ L) (mg L) (mg/ L) (mg! L) (mg! L) Sampled Aluminum, total 0.0025 Ammonia?nitrogen Antimony, total 0.005 Beryllium, total 0.0005 BOD (5-day) Bromide 0.4 Cobalt, total 0.0003 Color, PCU Iron, total 0.007 Magnesium, total 0.02 Manganese, total 0.0005 Molybdenum, total 0.001 Nitrate-nitrite 0.1 Phosphorus, total Sul?de Sul?te Surfactants Thallium, total 0.0 005 Tin, total 0.005 Titanium, total 0.03 Volatiles Semivolatiles (3) Pesticides, PCBs (4) (1) Taken during the ?rst 30 minutes of storm event (23 Flow?weighted composite sample See Permit Application, Technical Report, Worksheet 2.0, Tables 8?10 (4) See Permit Application, Technical Report, Worksheet 2.0, Table 11 Page 31 GCGV Asset Holding LLC TPDES Permit No. WQ00052280 00 CHRONIC BIOMONITORING REQUIREMENTS: MARINE The provisions of this section apply to the ?nal phase of Outfall 001 for whole ef?uent toxicity (WET) testing. 1. Scone. Freouencv and Methodology a. The permittee shall test the ef?uent for toxicity in accordance with the provisions below. Such testing will determine if an appropriately dilute ef?uent sample adversely affects the survival or growth of the test organisms. The permittee shall conduct the following toxicity tests using the test organisms, procedures, and quality assurance requirements speci?ed below and in accordance with ?Short?Term Methods for Estimating the Chronic Toxicity of Ef?uents and Receiving Waters to Marine and Estuarine Organisms,? third edition 014) or its most recent update: 1) Chronic static renewal 7-day survival and growth test using the mysid shrimp (Mysidopsis bahia) (Method 1007.0). A minimum of eight replicates with ?ve organisms per replicate shall be used in the control and in each dilution. This test shall be conducted once per quarter. 2) Chronic static renewal 7-day larval survival and growth test using the inland silverside (Menidia beryllina) (Method 1006.0). A minimum of ?ve replicates with eight organisms per replicate shall be used in the control and in each dilution. This test shall be conducted once per quarter. The permittee must perform and report a valid test for each test species during the prescribed reporting period. An invalid test must be repeated during the same reporting period. An invalid test is de?ned as any test failing to satisfy the test acceptability criteria, procedures, and quality assurance requirements speci?ed in the test methods and permit. The permittee shall use ?ve ef?uent dilution concentrations and a control in each toxicity test. These ef?uent dilution concentrations are and 9% ef?uent. The critical dilution, de?ned as 7% ef?uent, is the ef?uent concentration representative of the proportion of ef?uent in the receiving water during critical low ?ow or critical mixing conditions. This permit may be amended to require a WET limit, a chemical-speci?c limit, a best management practice, or other appropriate actions to address toxicity. The permittee may be required to conduct a toxicity reduction evaluation (TRE) after multiple toxic events. Testing Frequency Reduction 1) If none of the ?rst four consecutive quarterly tests demonstrates signi?cant toxicity, the permittee may submit this information in writing and, upon approval, reduce the testing frequency to once per six months for the invertebrate test species and once per year for the vertebrate test species. 2) If one or more of the ?rst four consecutive quarterly tests demonstrates signi?cant toxicity, the permittee shall continue quarterly testing for that species until this permit is reissued. If a testing frequency reduction had been previously granted and a subsequent test demonstrates signi?cant toxicity, the permittee will resume a quarterly testing frequency for that species until this permit is reissued. Page 32 GCGV Asset Holding LLC TPDES Permit No. 2. Required Toxicitv Testing Conditions a. Test Acceptance - The permittee shall repeat any toxicity test, including the control and all ef?uent dilutions, which fails to meet any of the following criteriacontrol mean survival of 80% or greater; a control mean dry weight of surviving mysid shrimp of 0.20 mg or greater; a control mean dry weight for surviving unpreserved inland silverside of 0.50 mg or greater and 0.43 mg or greater for surviving preserved inland silverside. a control coef?cient of variation percent between replicates of 40 or less in the growth and survival tests; a critical dilution CV of 40 or less in the growth and survival endpoints for either growth and survival test. However, if statistically signi?cant lethal or nonlethal effects are exhibited at the critical dilution, a greater than 40 shall not invalidate the test; a percent minimum signi?cant difference of 37 or less for mysid shrimp growth; and a percent minimum signi?cant difference of 28 or less for inland silverside growth. Statistical Interpretation 1) 3) 4) 5) For the mysid shrimp and the inland silverside larval survival and growth tests, the statistical analyses used to determine if there is a signi?cant difference between the control and an ef?uent dilution shall be in accordance with the manual referenced in Part Lb. The permittee is responsible for reviewing test concentration-response relationships to ensure that calculated test?results are interpreted and reported correctly. The document entitled ?Method Guidance and Recommendation for Whole Ef?uent Toxicity (WET) Testing (40 CFR Part 136)? (EPA 821-3-00? 004) provides guidance on determining the validity of test results. If signi?cant lethality is demonstrated (that is, there is a statistically signi?cant difference in survival at the critical dilution when compared to the survival in the control), the conditions of test acceptability are met, and the survival of the test organisms are equal to or greater than 8o% in the critical dilution and all dilutions below that, then the permittee shall report a survival N0 Observed Effect Concentration (NOEC) of not less than the critical dilution for the reporting requirements. The NOEC is de?ned as the greatest ef?uent dilution at which no signi?cant effect is demonstrated. The Lowest Observed Effect Concentration (LOEC) is de?ned as the lowest ef?uent dilution at which a signi?cant effect is demonstrated. A signi?cant effect is herein de?ned as a statistically signi?cant difference between the survival, reproduction, or growth of the test organism in a speci?ed ef?uent dilution compared to the survival, reproduction, or growth of the test organism in the control ef?uent). The use of NOECS and LOECs assumes either a monotonic (continuous) concentration-response relationship or a threshold model of the concentration? Page 33 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 6) 7) response relationship. For any test result that demonstrates a non?monotonic (non?continuous) response, the NOEC should be determined based on the guidance manual referenced in Item 2. Pursuant to the responsibility assigned to the permittee in Part test results that demonstrate a non?monotonic (non-continuous) concentration- response relationship may be submitted, prior to the due date, for technical review. The guidance manual referenced in Part 1.b. will be used when making a determination of test acceptability. TCEQ staff will review test results for consistency with rules, procedures, and permit requirements. c. Dilution Water 1) 2) 3) Dilution water used in the toxicity tests must be the receiving water collected as close to the point of discharge as possible but unaffected by the discharge. Where the receiving water proves unsatisfactory as a result of preexisting instream toxicity fails to ful?ll the test acceptance criteria of Part the permittee may substitute dilution water for the receiving water in all subsequent tests provided the unacceptable receiving water test met the follow? ing stipulations: a) a lab water control was performed (in addition to the receiving water control) which ful?lled the test acceptance requirements of Part 2.a; b) the test indicating receiving water toxicity was carried out to completion 7 days); and c) the permittee submitted all test results indicating receiving water toxicity with the reports and information required in Part 3. The dilution water shall consist of standard, reconstituted seawater. Upon approval, the permittee may substitute other dilution water with chemical and physical characteristics similar to that of the receiving water. Samples and Composites 1) 2) 3) 4) The permittee shall collect a minimum of three composite samples from Outfall 001. The second and third composite samples will be used for the renewal of the dilution concentrations for each toxicity test. The permittee shall collect the composite samples such that the samples are representative of any periodic episode of chlorination, biocide usage, or other potentially toxic substance being discharged on an intermittent basis. The permittee shall initiate the toxicity tests within 36 hours after collection of the last portion of the ?rst composite sample. The holding time for any subsequent composite sample shall not exceed 72 hours. Samples shall be maintained at a temperature of 0-6 degrees Centigrade during collection, shipping, and storage. If Outfall 001 ceases discharging during the collection of ef?uent samples, the requirements for the minimum number of ef?uent samples, the minimum number of ef?uent portions, and the sample holding time are waived during that sampling period. However, the permittee must have collected an ef?uent Page 34 GCGV Asset Holding LLC TPDES Permit No. 3. Reporting composite sample volume suf?cient to complete the required toxicity tests with renewal of the ef?uent. When possible, the ef?uent samples used for the toxicity tests shall be collected on separate days if the discharge occurs over multiple days. The sample collection duration and the static renewal protocol associated with the abbreviated sample collection must be documented in the full report. All reports, tables, plans, summaries, and related correspondence required in this section shall be submitted to the attention of the Standards Implementation Team (MC 150) of the Water Quality Division. a. The permittee shall prepare a full report of the results of all tests conducted 1n accordance with the manual referenced 1n Part 1 for every valid and invalid toxicity test initiated whether carried to completion or not. b. The permittee shall routinely report the results of each biomonitoring test on the Table 1 forms provided with this permit. 1) Annual biomonitoring test results are due on or before January 20th for biomonitoring conducted during the previous 12-month period. 2) Semiannual biomonitoring test results are due on or before July 20th and January 20th for biomonitoring conducted during the previous 6-month period. 3) Quarterly biomonitoring test results are due on or before April 20th, July 20th, October 20th, and January 20th, for biomonitoring conducted during the previous calendar quarter. 4) biomonitoring test results are due on or before the 20th day of the month following sampling. 0. Enter the following codes for the appropriate parameters for valid tests only: 1) For the mysid shrimp, Parameter TLP3E, enter a if the NOEC for survival 1s less than the critical dilution; otherwise, enter a 2) For the mysid shrimp, Parameter TOP3E, report the NOEC for survival. 3) For the mysid shrimp, Parameter TXP3E, report the LOEC for survival. 4) For the mysid shrimp, Parameter TWP3E, enter a if the NOEC for growth 1s less than the critical dilution; otherwise, enter a 5) For the mysid shrimp, Parameter TPP3E, report the NOEC for growth. 6) For the mysid shrimp, Parameter TYP3E, report the LOEC for growth. 7) For the inland silverside, Parameter TLP6B, enter a if the NOEC for survival is less than the critical dilution; otherwise, enter a 8) For the inland silverside, Parameter TOP6B, report the NOEC for survival. 9) For the inland silverside, Parameter report the LOEC for survival. 10) For the inland silverside, Parameter TWP6B, enter a if the NOEC for growth is less than the critical dilution; otherwise, enter a 11) For the inland silverside, Parameter report the NOEC for growth. 12) For the inland silverside, Parameter TYP6B, report the LOEC for growth. Page 35 GCGV Asset Holding LLC TPDES Permit No. (1. Enter the following codes for retests only: 1) For retest number 1, Parameter 22415, enter a if the NOEC for survival is less than the critical dilution; otherwise, enter a 2) For retest number 2, Parameter 22416, enter a if the NOEC for survival is less than the critical dilution; otherwise, enter a Persistent Toxicity The requirements of this part apply only when a test demonstrates a signi?cant effect at the critical dilution. Signi?cant effect and signi?cant lethality were de?ned in Part 2.b. Signi?cant sublethality is de?ned as a statistically signi?cant difference in growth at the critical dilution when compared to the growth of the test organism in the control. a. a. The permittee shall conduct a total of 2 additional tests (retests) for any species that demonstrates a signi?cant effect (lethal or sublethal) at the critical dilution. The two retests shall be conducted during the next two consecutive months. The permittee shall not substitute either of the two retests in lieu of routine toxicity testing. All reports shall be submitted within 20 days of test completion. Test completion is de?ned as the last day of the test. If the retests are performed due to a demonstration of signi?cant lethality, and one or both of the two retests speci?ed in Part 4.a. demonstrates signi?cant lethality, the permittee shall initiate the TRE requirements as speci?ed in Part 5. The provisions of Part 4.a. are suspended upon completion of the two retests and submittal of the TRE Action plan and schedule de?ned in Part 5. If neither test demonstrates signi?cant lethality and the permittee is testing under the reduced testing frequency provision of Part the permittee shall return to a quarterly testing frequency for that species. If the two retests are performed due to a demonstration of signi?cant sublethality, and one or both of the two retests speci?ed in Part 4.a. demonstrates signi?cant lethality, the permittee shall again perform two retests as stipulated in Part 4.a. If the two retests are performed due to a demonstration of signi?cant sublethality, and neither test demonstrates signi?cant lethality, the permittee shall continue testing at the quarterly frequency. Regardless of whether retesting for lethal or sublethal effects or a combination of the two, no more than one retest per month is required for a species. Toxicity Reduction Evaluation Within 45 days of the retest that demonstrates signi?cant lethality, or within 45 days of being so instructed due to multiple toxic events, the permittee shall submit a general outline for initiating a TRE. The outline shall include, but not be limited to, a description of project personnel, a schedule for obtaining consultants (if needed), a discussion of in?uent and effluent data available for review, a sampling and analytical schedule, and a proposed TRE initiation date. Within 90 days of the retest that demonstrates signi?cant lethality, or within 90 days of being so instructed due to multiple toxic events, the permittee shall submit a TRE action plan and schedule for conducting a TRE. The plan shall specify the approach and methodology to be used in performing the TRE. A RE is a step-wise investigation combining toxicity testing with physical and chemical analyses to determine actions necessary to eliminate or reduce ef?uent toxicity to a level not effecting signi?cant Page 36 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 lethality at the critical dilution. The TRE action plan shall describe an approach for the reduction or elimination of lethality for both test species de?ned in Part 1.b. At a minimum, the TRE Action Plan shall include the following: 1) 3) 4) Speci?c Activities The TRE action plan shall specify the approach the permittee intends to utilize in conducting the TRE, including toxicity characterizations, identi?cations, con?rmations, source evaluations, treatability studies, and alternative approaches. When conducting characterization analyses, the permittee shall perform multiple characterizations and follow the procedures Speci?ed in the document entitled ?Methods for Aquatic Toxicity Identi?cation Evaluations: Phase I Toxicity Characterization Procedures? 600/ 6?91/ 003) or alternate procedures. The permittee shall perform multiple identi?cations and follow the methods speci?ed in the documents entitled, ?Methods for Aquatic Toxicity Identi?cation Evaluations: Phase II Toxicity Identi?cation Procedures for Samples Exhibiting Acute and Chronic Toxicity? 600 R-92 080) and ?Methods for Aquatic Toxicity Identi?cation Evaluations: Phase Toxicity Con?rmation Procedures for Samples Exhibiting Acute and Chronic Toxicity? 60.0 081). All characterization, identi?cation, and con?rmation tests shall be conducted in an orderly and logical progression; Sampling Plan - The TRE action plan should describe sampling locations, methods, holding times, chain of custody, and preservation techniques. The ef?uent sample volume collected for all tests shall be adequate to perform the toxicity characterization identi?cation/ con?rmation procedures and chemical- speci?c analyses when the toxicity tests show signi?cant lethality. Where the permittee has identi?ed or suspects speci?c pollutant and source of ef?uent toxicity, the permittee shall conduct, concurrent with toxicity testing, chemical- speci?c analyses for the identi?ed and suspected pollutant and source of ef?uent toxicity; Quality Assurance Plan The TRE action plan should address record keeping and data evaluation, calibration and standardization, baseline tests, system blanks, controls, duplicates, spikes, toxicity persistence in the samples, randomization, reference toxicant control charts, and mechanisms to detect artifactual toxicity; and Project Organization The TRE action plan should describe the project staff, project manager, consulting engineering services (where applicable), consulting analytical and toxicological services, etc. c. Within 30 days of submittal of the TRE action plan and schedule, the permittee shall implement the TRE. d. The permittee shall submit quarterly TRE activities reports concerning the progress of the TRE. The quarterly reports are due on or before April 20th, July 20th, October 20th, and January 20th. The report shall detail information regarding the TRE activi~ ties including: 1) 2) 3) results and interpretation of any chemical-speci?c analyses for the identi?ed and suspected pollutant performed during the quarter; results and interpretation of any characterization, identi?cation, and con?rmation tests performed during the quarter; any data and substantiating documentation which identi?es the pollutant and source of ef?uent toxicity; Page 37 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 4) results of any studies/ evaluations concerning the treatability of the facility?s ef?uent toxicity; 5) any data which identi?es ef?uent toxicity control mechanisms that will reduce ef?uent toxicity to the level necessary to meet no signi?cant lethality at the critical dilution; and 6) any changes to the initial TRE plan and schedule that are believed necessary as a result of the TRE ?ndings. e. During the TRE, the permittee shall perform, at a minimum, quarterly testing using the more sensitive species. Testing for the less sensitive species shall continue at the frequency speci?ed in Part Lb. f. If the ef?uent ceases to effect signi?cant lethality, there is a cessation of lethality, the permittee may end the TRE. A cessation of lethality is de?ned as no signi?cant lethality for a period of 12 consecutive months with at least testingmonths, the permittee shall submit a statement of intent to cease the TRE and may then resume the testing frequency Speci?ed in Part Lb. This provision accommodates situations where operational errors and upsets, spills, or sampling errors triggered the TRE, in contrast to a situation where a single toxicant or group of toxicants cause lethality. This provision does not apply as a result of corrective actions taken by the permittee. Corrective actions are herein de?ned as proactive efforts that eliminate or reduce ef?uent toxicity. These include, but are not limited to, source reduction or elimination, improved housekeeping, changes in chemical usage, and modi?cations of in?uent streams and ef?uent treatment. The permittee may only apply this cessation of lethality provision once. If the ef?uent again demonstrates signi?cant lethality to the same species, the permit will be amended to add a WET limit with a compliance period, if appropriate. However, prior to the effective date of the WET limit, the permittee may apply for a permit amendment removing and replacing the WET limit with an alternate toxicity control measure by identifying and con?rming the toxicant and an appropriate control measure. g. The permittee shall complete the TRE and submit a ?nal report on the TRE activities no later than 28 months from the last test day of the retest that con?rmed signi?cant lethal effects at the critical dilution. The permittee may petition the Executive Director (in writing) for an extension of the 28-month limit. However, to warrant an extension the permittee must have demonstrated due diligence in its pursuit of the toxicity identi?cation evaluation/TRE and must prove that circumstances beyond their control stalled the toxicity identi?cation evaluation/TRE. The report shall provide information pertaining to the speci?c control mechanism selected that will, when implemented, result in the reduction of ef?uent toxicity to no signi?cant lethality at the critical dilution. The report shall also provide a speci?c corrective action schedule for implementing the selected control mechanism. h. Based upon the results of the TRE and proposed corrective actions, this permit may be amended to modify the biomonitoring requirements, where necessary, require a compliance schedule for implementation of corrective actions, specify a WET limit, specify a best management practice, and to specify a chemical-speci?c limit. i. Copies of any and all required TRE plans and reports shall also be submitted to the US. EPA Region 6 of?ce, 6WQ-P0. Page 38 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 TABLE 1 (SHEET 1 OF 4) MYSID SHRIMP SURVIVAL AND GROWTH Date Time Date Time Dates and Times No. 1 FROM: TO: Composites Collected No. 2 FROM: T0: N0. 3 FROM: TO: Test initiated: am/ pm date Dilution water used: Receiving water dilution water MYSID SHRIMP SURVIVAL Percent Percent Survival in Replicate Chambers Mean Percent Survival Ef?uent Coef?cient of Variation standard deviation 100 mean DATA TABLE FOR GROWTH OF MYSID SHRIMP Mean dry weight in milligrams in replicate chambers Replicate Page 39 GCGV Asset Holding LLC TPDES Permit No. TABLE 1 (SHEET 2 OF 4) MYSID SHRIMP SURVIVAL AND GROWTH DATA TABLE FOR GROWTH OF MYSID SHRIMP (Continued) Mean dry weight in milligrams in replicate chambers 0% 3% 4% 5% 7% 9% Replicate Mean Dry Weight (mg) PMSD 1. Dunnett?s Procedure or Steel?s Many-One Rank Test or Wilcoxon Rank Sum Test (with Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate: Is the mean survival at 7 days signi?cantly less than the control survival for the ef?uent corresponding to lethality? CRITICAL DILUTION YES NO 2. Dunnett?s Procedure or Steel?s Many?One Rank Test or Wilcoxon Rank Sum Test (with Bonferroni adjustment) or t?test (with Bonferroni adjustment) as appropriate: Is the mean dry weight (growth) at 7 days signi?cantly less than the control?s dry weight (growth) for the ef?uent corresponding to non-lethal effects? CRITICAL DILUTION YES NO 3. Enter percent ef?uent corresponding to each below: NOEC survival ef?uent LOEC survival 2 ef?uent NOEC growth ef?uent LOEC growth ef?uent Page 40 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 TABLE 1 (SHEET 3 OF 4) INLAND SILVERSIDE MINNOW LARVAL SURVIVAL AND GROWTH TEST Date Time Date Time Dates and Times No. 1 FROM: TO: Composites Collected No. 2 FROM: T0: N0. 3 FROM: TO: Test initiated: am/ pm date Dilution water used: Receiving water Dilution water INLAND SILVERSIDE SURVIVAL Percent Survival in Mean Percent Survival Percent Replicate Chambers Ef?uent A 24h 48h 7 days o% 3% 4% 5% 7% 9% Coef?cient of Variation standard deviation 100 mean Page 41 GCGV Asset Holding LLC TPDES Permit No. TABLE 1 (SHEET 4 OF 4) INLAND SILVERSIDE LARVAL SURVIVAL AND GROWTH TEST INLAND SILVERSIDE GROWTH Percent chambers Dry Ef?uent Weight CV Average Dry Weight in milligrams in replicate M6311 A (mgPMS-D Weights are for: preserved larvae, or unpreserved larvae 1. Dunnett?s Procedure or Steel?s Many-One Rank Test or Wilcoxon Rank Sum Test (with Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate: Is the mean survival at 7 days signi?cantly less than the control survival for the ef?uent corresponding to lethality? CRITICAL DILUTION YES NO Dunnett?s Procedure or Steel?s Many-One Rank Test or Wilcoxon Rank Sum Test (with Bonferroni adjustment) or t?test (with Bonferroni adjustment) as appropriate: Is the mean dry weight (growth) at 7 days signi?cantly less than the control?s dry weight (growth) for the ef?uent corresponding to non-lethal effects? CRITICAL DILUTION YES NO Enter percent ef?uent corresponding to each below: NOEC survival ef?uent LOEC survival ef?uent NOEC growth ef?uent LOEC growth ef?uent Page 42 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 24-HOUR ACUTE BIOMONITORING REQUIREMENTS: MARINE The provisions of this section apply to the ?nal phase of Outfall- 001 for WET testing. 1. Scope, Frequency, and Methodology a. The permittee shall test the ef?uent for lethality in accordance with the provisions in this Section. Such testing will determine compliance with Texas Surface Water Quality Standard 30 TAC which requires greater than 50% survival of the appropriate test organisms in 100% ef?uent for a 24-hour period. The toxicity tests speci?ed shall be conducted once per six months. The permittee shall conduct the following toxicity tests using the test organisms, procedures, and quality assurance requirements speci?ed in this section of the permit and in accordance with ?Methods for Measuring the Acute Toxicity of Ef?uents and Receiving Waters to Freshwater and Marine Organisms,? ?fth edition or its most recent update: 1) Acute 24-hour static toxicity test using the mysid shrimp (Mysidopsis bahia). A minimum of ?ve replicates with eight organisms per replicate shall be used in the control and each dilution. 2) Acute 24?hour static toxicity test using the inland silverside (M enidia beryllina). A minimum of ?ve replicates with eight organisms per replicate shall be used in the control and each dilution. A valid test result must be submitted for each reporting period. The permittee must report, then repeat, an invalid test during the same reporting period. The repeat test shall include the control and all ef?uent dilutions and use the appropriate number of organisms and replicates, as speci?ed above. An invalid test is de?ned as any test failing to satisfy the test acceptability criteria, procedures, and quality assurance requirements Speci?ed in the test methods and permit. In addition to an apprOpriate control, a 100% ef?uent concentration shall be used in the toxicity tests. Except as discussed in Part 2b., the control and dilution water shall consist of standard, reconstituted seawater. This permit may be amended to require a WET limit, a best management practice, a chemical-speci?c limit, additional toxicity testing, and other appropriate actions to address toxicity. The permittee may be required to conduct a toxicity reduction evaluation (TRE) after multiple toxic events. Required Toxicity Testing Conditions 3. b. Test Acceptance The permittee shall repeat any toxicity test, including the control, if the control fails to meet a mean survival equal to or greater than 90%. Dilution Water In accordance with Part the control and dilution water shall consist of standard, reconstituted seawater. Samples and Composites 1) The permittee shall collect one composite sample from Outfall 001. 2) The permittee shall collect the composite sample such that the sample is representative of any periodic episode of chlorination, biocide usage, or other potentially toxic substance being discharged on an intermittent basis. Page 43 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 3) The permittee shall initiate the toxicity tests within 36 hours after collection of the last portion of the composite sample. The sample shall be maintained at a temperature of 0?6 degrees Centigrade during collection, shipping, and storage. 4) If Outfall 001 ceases discharging during the collection of the ef?uent composite sample, the requirements for the minimum number of ef?uent portions are waived. However, the permittee must have collected a composite sample volume suf?cient for completion of the required test. The abbreviated sample collection, duration, and methodology must be documented in the full report. 3. Reporting All reports, tables, plans, summaries, and related correspondence required of this section shall be submitted to the attention of the Standards Implementation Team (MC 150) of the Water Quality Division. a. The permittee shall prepare a full report of the results of all tests conducted in accordance with the manual referenced in Part 1.b. for every valid and invalid toxicity test initiated. b. The permittee shall routinely report the results of each biomonitoring test on the Table 2 forms provided with this permit. 1) Semiannual biomonitoring test results are due on or before July 20th and January 20th for biomonitoring conducted during the previous 6?month period. 2) Quarterly biomonitoring test results are due on or before April 20th, July 20th, October 20th, and January 20th for biomonitoring conducted during the previous calendar quarter. c. Enter the following codes for the appr0priate parameters for valid tests only: 1) For the mysid shrimp, Parameter TIE3E, enter a if the mean survival at 24- hours is greater than 50% in the 100% ef?uent dilution; if the mean survival is less than or equal to 50%, enter a 2) For the inland silverside, Parameter TIE6B, enter a if the mean survival at 24?hours is greater than 50% in the 100% ef?uent dilution; if the mean survival is less than or equal to 50%, enter a d. Enter the following codes for retests only: 1) For retest number 1, Parameter 22415, enter a if the mean survival at 24- hours is greater than 50% in the 100% ef?uent dilution; if the mean survival is less than or equal to 50%, enter 2) For retest number 2, Parameter 22416, enter a if the mean survival at 24? hours is greater than 50% in the 100% ef?uent dilution; if the mean survival is less than or equal to 50%, enter Persistent Mortality The requirements of this part apply when a toXicity test demonstrates signi?cant lethality, here de?ned as a mean mortality of 50% or greater to organisms exposed to the 100% ef?uent concentration after 24-hours. a. The permittee shall conduct 2 additional tests (retests) for each species that demonstrates signi?cant lethality. The two retests shall be conducted once per week for 2 weeks. Five ef?uent dilution concentrations in addition to an appropriate control Page 44 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 a. shall be used in the retests. These additional ef?uent concentrations are 13%, 25%, 50% and 100% ef?uent. The ?rst retest shall be conducted within 15 days of the laboratory determination of signi?cant lethality. All test results shall be submitted within 20 days of test completion of the second retest. Test completion is de?ned as the 24th hour. If one or both of the two retests speci?ed in item 4.a. demonstrates signi?cant lethality, the permittee shall initiate the TRE requirements as speci?ed in Part 5 of this Section. Toxicity Reduction Evaluation Within 45 days of the retest that demonstrates signi?cant lethality, the permittee shall submit a general outline for initiating a TRE. The outline shall include, but not be limited to, a description of project personnel, a schedule for obtaining consultants (if needed), a discussion of in?uent and ef?uent data available for review, a sampling and analytical schedule, and a proposed TRE initiation date. Within 90 days of the retest that demonstrates signi?cant lethality, the permittee shall submit a TRE action plan and schedule for conducting a TRE. The plan shall specify the approach and methodology to be used in performing the TRE. A TRE is a step-wise investigation combining toxicity testing with physical and chemical analyses to determine actions necessary to eliminate or reduce ef?uent toxicity to a level not effecting signi?cant lethality at the critical dilution. The TRE action plan shall lead to the successful elimination of signi?cant lethality for both test species de?ned in Part 1.b. At a minimum, the TRE action plan shall include the following: 1) Speci?c Activities The TRE action plan shall specify the approach the permittee intends to utilize in conducting the TRE, including toxicity characterizations, identi?cations, con?rmations, source evaluations, treatability studies, and alternative approaches. When conducting characterization analyses, the permittee shall perform multiple characterizations and follow the procedures speci?ed in the document entitled ?Methods for Aquatic Toxicity Identi?cation Evaluations: Phase I Toxicity Characterization Procedures? 600/ 6-91/ 03) or alternate procedures. The permittee shall perform multiple identi?cations and follow the methods speci?ed in the documents entitled ?Methods for Aquatic Toxicity Identi?cation Evaluations: Phase II Toxicity Identi?cation Procedures for Samples Exhibiting Acute and Chronic Toxicity? 60 0 R-92 080) and ?Methods for Aquatic Toxicity Identi?cation Evaluations: Phase Toxicity Con?rmation Procedures for Samples Exhibiting Acute and Chronic Toxicity? 600 081). All - characterization, identi?cation, and con?rmation tests shall be conducted in an orderly and logical progression; 2) Sampling Plan The TRE action plan should describe sampling locations, methods, holding times, chain of custody, and preservation techniques. The ef?uent sample volume collected for all tests shall be adequate to perform the toxicity characterization/ identi?cation/ con?rmation procedures and chemical- speci?c analyses when the toxicity tests show signi?cant lethality. Where the permittee has identi?ed or suspects a speci?c pollutant and source of ef?uent toxicity, the permittee shall conduct, concurrent with toxicity testing, chemical- speci?c analyses for the identi?ed and suspected pollutant and source of ef?uent toxicity; Page 45 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 3) Quality Assurance Plan The TRE action plan should address record keeping and data evaluation, calibration and standardization, baseline tests, system blanks, controls, duplicates, spikes, toxicity persistence in the samples, randomization, reference toxicant control charts, and mechanisms to detect artifactual toxicity; and 4) Project Organization - The TRE action plan should describe the project staff, project manager, consulting engineering services (where applicable), consulting analytical and toxicological services, etc. c. Within 30 days of submittal of the TRE action plan and schedule, the permittee shall implement the TRE. d. The permittee shall submit quarterly TRE activities reports concerning the progress of the TRE. The quarterly TRE activities reports are due on or before April 20th, July 20th, October 20th, and January 20th. The report shall detail information regarding the TRE activities including: 1) results and interpretation of any chemical?speci?c analyses for the identi?ed and suspected pollutant performed during the quarter; 2) results and interpretation of any characterization, identi?cation, and con?rmation tests performed during the quarter; 3) any data and substantiating documentation that identi?es the pollutant and source of ef?uent toxicity; 4) results of any studies/ evaluations concerning the treatability of the facility?s ef?uent toxicity; 5) any data that identi?es ef?uent toxicity control mechanisms that will reduce ef?uent toxicity to the level necessary to eliminate signi?cant lethality; and 6) any changes to the initial TRE plan and schedule that are believed necessary as a result of the TRE ?ndings. e. During the TRE, the permittee shall perform, at a minimum, quarterly testing using the more sensitive species. Testing for the less sensitive species shall continue at the frequency speci?ed in Part Lb. f. If the ef?uent ceases to effect signi?cant lethality, there is a cessation of lethality, the permittee may end the TRE. A cessation of lethality is de?ned as no signi?cant lethality for a period of 12 consecutive weeks with at least weekly testingweeks, the permittee shall submit a statement of intent to cease the TRE and may then resume the testing frequency speci?ed in Part 1.b. This provision accommodates situations where operational errors and upsets, spills, or sampling errors triggered the TRE, in contrast to a situation where a single toxicant or group of toxicants cause lethality. This provision does not apply as a result of corrective actions taken by the permittee. Corrective actions are de?ned as proactive efforts that eliminate or reduce ef?uent toxicity. These include, but are not limited to, source reduction or elimination, improved housekeeping, changes in chemical usage, and modi?cations of in?uent streams and ef?uent treatment. The permittee may only apply this cessation of lethality provision once. If the ef?uent again demonstrates signi?cant lethality to the same species, the permit will be amended to add a WET limit with a compliance period, if appropriate. However, prior Page 46 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 to the effective date of the WET limit, the permittee may apply for a permit amendment removing and replacing the WET limit with an alternate toxicity control measure by identifying and con?rming the toxicant and an appropriate control measure. g. The permittee shall complete the TRE and submit a ?nal report on the TRE activities no later than 18 months from the last test day of the retest that demonstrates signi?cant lethality. The permittee may petition the Executive Director (in writing) for an extension of the 18?month limit. However, to warrant an extension the permittee must have demonstrated due diligence in its pursuit of the toxicity identi?cation evaluation/TRE and must prove that circumstances beyond its control stalled the toxicity identi?cation evaluation/TRE. The report shall specify the control mechanism that will, when implemented, reduce ef?uent toxicity as speci?ed in Part 5.h. The report shall also specify a corrective action schedule for implementing the selected control mechanism. h. Within 3 years of the last day of the test con?rming toxicity, the permittee shall comply with 30 TAC which requires greater than 50% survival of the test organism in 100% ef?uent at the end of 24-hours. The permittee may petition the Executive Director (in writing) for an extension of the 3?year limit. However, to warrant an extension the permittee must have demonstrated due diligence in its pursuit of the toxicity identi?cation evaluation/TRE and must prove that circumstances beyond its control stalled the toxicity identi?cation evaluation/TRE. The permittee may be exempted from complying with 30 TAC upon proving that toxicity is caused by an excess, imbalance, 0r de?ciency of dissolved salts. This exemption excludes instances where individually toxic components metals) form a salt compound. Following the exemption, the permit may be amended to include an ion?adjustment protocol, alternate species testing, or single species testing. i. Based upon the results of the TRE and proposed corrective actions, this permit may be amended to modify the biomonitoring requirements where necessary, require a compliance schedule for implementation of corrective actions, specify a WET limit, Specify a best management practice, and to specify a chemical speci?c limit. j. Copies of any and all required TRE plans and reports shall also be submitted to the US. EPA Region 6 of?ce, 6WQ-PO. Page 47 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 TABLE 2 (SHEET 1 OF 2) MYSID SHRIMP SURVIVAL GENERAL INFORMATION Time Date Composite Sample Collected Test Initiated PERCENT SURVIVAL Percent ef?uent Time Rep 0% 6% 13% 25% 50% 100% A 24h MEAN Enter percent ef?uent corresponding to the LC50 below: 24 hour LC50 ef?uent Page 48 GCGV Asset Holding LLC TPDES Permit No. WQ0005228000 TABLE 2 (SHEET 2 OF 2) INLAND SILVERSIDE SURVIVAL GENERAL INFORMATION Time Date II Composite Sample Collected Test Initiated PERCENT SURVIVAL Percent ef?uent Time Rep 0% 6% 13% 25% 50% 100% A 24h MEAN Enter percent ef?uent corresponding to the LC50 below: 24 hour LC50 ef?uent Page 49