NCG110000_Draft Permit Fact Sheet to Public Notice_20230417

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL,AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG110000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
2023 — 2028 Permit Term
1. TYPES OF DISCHARGES COVERED
a. Industrial Activities Covered by this General Permit
This permit applies to all owners or operators,hereafter permittees,which are covered by this
permit as evidenced by receipt of a Certificate of Coverage (COC) by the Environmental
Management Commission to allow the discharge of stormwater to the surface waters of North
Carolina or to a separate storm sewer system conveying discharges to surface waters,from
Water Treatment facilities,in accordance with the terms and conditions set forth herein.
Coverage under this General Permit is applicable to:
• All owners or operators of stormwater point source discharges associated with
establishments primarily engaged in activities classified as Treatment Works treating
domestic sewage or any other sewage sludge or Wastewater Treatment Device or System,
used in the storage,treatment,recycling,and reclamation of municipal or domestic
sewage [including lands dedicated to the disposal of sewage sludge that are located within
the confines of the facility],with a design flow of 1.0 million gallons per day or more;
• All owners or operators of stormwater point source discharges associated with
establishments primarily engaged in activities classified as Facilities which are required
to have an approved pretreatment program under Title 40 CFR Part 403,including lands
dedicated to the disposal of sewage sludge that are located within the confines of the
facility;
• Stormwater point source discharges from like industrial activities deemed by The
Division of Energy,Mineral,and Land Resources (DEMLR) to be similar to these
operations in the process,or the discharges, or the exposure of raw materials,
intermediate products,by-products,final products,or waste products.
b. Characteristics of Discharged Stormwater
DEQ Regional Office staff inspections have identified problems at facilities in the treatment of
industrial,commercial,or municipal sewage treatment. Particularly,is the event that the sewage
treatment lines can,and have been found to leak, either over ground or through adjacent soils,
into the stormwater conveyance system at the facility.This results in the discharge of wastewater
from the stormwater system. Previous versions of the permit have not included the analytical
monitoring necessary to discover these infiltration problems. To best remedy this potential,
analytical monitoring will be required at all facilities covered under the NCG110000 General
permit.This monitoring will take place on a quarterly basis and will be reported in accordance
with all subject reporting requirements.
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NCG110000 Fact Sheet- NC 2023-2028 Permit Term
The draft renewal permit requires baseline sampling of all stormwater discharge outfalls and/or
authorized representative discharge outfalls in accordance with this part.
(a) Grab samples shall be collected,analyzed,and reported for the following parameters:
Total Suspended Solids (TSS),pH,and Fecal Coliform. Non-Polar Oil and Grease is only
monitored for vehicle or equipment maintenance areas in which more than 55 Gallons
of motor oil and/or hydraulic oil is used per month.
(b) The total rainfall amount for each sampling event shall be recorded in inches. Total
rainfall shall be determined from an on-site rain gauge, or a regional rain gauge located
within one (1) mile of the facility.
(c) Samples shall be collected from four separate monitoring periods per year unless the
facility is in Tier Two or Tier Three status. A minimum of thirty(30) days must
separate sampling events:
• January 1 -March 31
• April 1 -June 30
• July 1 -September 30,and
• October 1 -December 31.
c. GeographicArea(s) Covered by this General Permit
Discharges covered by this general permit are located at any place within the political boundary
of the State of North Carolina. Discharges located on the Cherokee Indian Tribal Reservation are
subject to permitting by the U.S. Environmental Protection Agency and are not covered by this
general permit.
d. Receiving Waters
Receiving waters include all surface waters of North Carolina or municipal separate storm sewer
systems conveying stormwater to surface waters.
2. REPORTING REQUIREMENTS
(a) Deadlines for Submittal of Discharge Monitoring Reports
Discharge Monitoring Reports (DMRs) shall be submitted in accordance with quarterly
monitoring. For COCs issued between March 1-31,June 1-30, September 1-30 or Dec 1-31,
sampling shall not commence until the next sampling period following initial issuance of the
COC.
(b) Submittal Process before electronic DMR(eDMR)
Prior to eDMR,samples analyzed in accordance with the terms of this General Permit shall
be reported as follows:
i. Sample results shall be recorded on DMR forms provided by the Director. DMR
forms are available on the DEMLR's website
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NCG110000 Fact Sheet— NC 2023-2028 Permit Term
https:lldeg.nc.govlabout/divisions/energy-mineral-land-resources/npdes-
industrial-stormwater.)
ii. DMRs shall be signed and certified by a person meeting the Signatory requirements
in H-1 of the NCG110000 permit.
iii. Original,signed DMR forms shall be scanned and uploaded to the eDMR submittal
form,which can be found by typing"deq.nc.gov/SW-Industrial"into a browser
window and hitting"enter."
iv. Then,the original signed DMR Forms shall be mailed or otherwise delivered to the
appropriate Regional Office,which is indicated at the following:
https:[/deq.nc.gov/contact/regional-offices/.
(c) Submittal Process after electronic DMR(eDMR)
Unless otherwise informed by the Director,permittees are required to register for eDMR
within 30 days of the Certificate of Coverage issuance date.Permittees shall follow the
guidelines for submitting data that are set forth in the Stormwater eDMR User Manual,
available on the Division's website at deq.nc.gov/SW-eDMR. Information about eDMR can
be found by typing"https:Ildeq.nc.gov/deq.nc.gov/sw-edmr" into a browser window and
hitting"enter." Until a permittee is registered in eDMR,they shall continue to submit DMRs
using the DMR Upload Form to upload scanned DMRs and mail original signed DMRs to the
appropriate Regional Office.
(d) Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the
Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report form provided by
DEMLR and shall retain the completed forms on site. Qualitative monitoring results shall
not be submitted to DEMLR,except upon DEMLR's specific requirement to do so.Qualitative
Monitoring Report forms are available on DEMLR's website.
https:lldeq.nc.gov/about/divisions/energy-mineral-and-land-
resources/stormwater/stormwater-program/npdes-industrial-program/general-
industrial-permits. Please note that permittees may use their own forms to record
qualitative monitoring results as long as they include all required items.
3. COMPLIANCE SCHEDULE
The compliance schedule in Part I, Section I-1 advises that the permittee comply with Limitations
and Controls specified for stormwater discharges in accordance with the following schedule:
• Existing Facilities already operating but applying for permit coverage for the first
time: The Stormwater Pollution Prevention Plan (SWPPP) shall be developed and
implemented within 12 months of the effective date of the COC and updated thereafter on an
annual basis. Secondary containment,as specified in Part B, Section B-8 of this general
permit,shall be accomplished within 12 months of the effective date of the issuance of the
COC.
• New Facilities applying for coverage for the first time: The SWPPP shall be developed
and implemented prior to the beginning of discharges from the operation of the industrial
activity and shall be updated thereafter on an annual basis. Secondary containment,as
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NCG110000 Fact Sheet— NC 2023-2028 Permit Term
specified in Part B,Section B-8 of this general permit,shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
• Existing facilities previously permitted and applying for renewal under this General
Permit: All requirements,conditions,limitations,and controls contained in this permit
(except new SWPPP elements in this permit renewal) shall become effective immediately
upon issuance of the COC. New elements of the SWPPP for this permit renewal shall be
developed and implemented within six months of the effective date of this general permit
and updated thereafter on an annual basis. Secondary containment,as specified in Part B,
Section B-8 of this general permit,shall be accomplished prior to the beginning of discharges
from the operation of the industrial activity.
4. BASIS FOR CONTROLS AND LIMITATIONS
a. Storm water Discharges
The conditions of this general permit have been designed using best professional judgment to
achieve water quality protection through compliance with the technology-based standards of the
Clean Water Act(Best Available Technology [BAT] and Best Conventional Pollutant Control
Technology [BCT]). Where the Director determines that a water quality violation has occurred
and water quality-based controls or effluent limitations are required to protect the receiving
waters,coverage under the general permit shall be terminated and an individual permit will be
required. Based on a consideration of the appropriate factors for BAT and BCT requirements,and
a consideration of the factors discussed below in this fact sheet for controlling pollutants in
stormwater discharges associated with the activities as described in Item 1 (Types of Discharge
Covered),this permit retains a set of requirements for developing and implementing SWPPPs,
and specific requirements for monitoring and reporting on stormwater discharges.
The permit conditions reflect the Environmental Protection Agency's (EPA) and North Carolina's
pollution prevention approach to stormwater permitting. The quality of the stormwater
discharge associated with an industrial activity will depend on the availability of pollutant
sources. This renewal permit still reflects DEMLR's position that implementation of Best
Management Practices (BMPs) and traditional stormwater management practices which control
the source of pollutants meets the definition of BAT and BCT. The permit conditions are not
numeric effluent limitations,but rather are designed to be flexible requirements for developing
and implementing site specific plans to minimize and control pollutants in the stormwater
discharges associated with the industrial activity.
Title 40 Code of Federal Regulations (CFR) Part 122.44(k)(2) authorizes the use of BMPs in lieu of
numeric effluent limitations in NPDES permits when the agency finds numeric effluent limitations
to be infeasible. The agency may also impose BMP requirements which are"reasonably
necessary"to carry out the purposes of the Act under the authority of 40 CFR 122.44(k)(3). The
conditions of the renewal permit are retained under the authority of both of these regulatory
provisions. The pollution prevention requirements (BMP requirements) in this permit operate as
limitations on effluent discharges that reflect the application of BAT/BCT. The basis is that the
BMPs identified require the use of source control technologies which,in the context of these
general permits,are the best available of the technologies economically achievable (or the
equivalent BCT finding).
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NCG110000 Fact Sheet— NC 2023-2028 Permit Term
All facilities covered by this general permit must prepare,retain,implement,and (at a minimum
of annually) update a SWPPP. The term "pollution prevention" distinguishes this source
reduction approach from traditional pollution control measures that typically rely on end-of-pipe
treatment to remove pollutants in the discharges. The plan requirements are based primarily on
traditional stormwater management,pollution prevention and BMP concepts,providing a flexible
basis for developing site-specific measures to minimize and control the amounts of pollutants
that would otherwise contaminate the stormwater runoff.
The pollution prevention approach adopted in the SWPPP in this renewal permit still focuses on
two major objectives: 1) to identify sources of pollution potentially affecting the quality of
stormwater discharges associated with industrial activity from the facility; and 2)to describe and
ensure that practices are implemented to minimize and control pollutants in stormwater
discharges associated with industrial activity from the facility and to ensure compliance with the
terms and conditions of the permit.
DEMLR believes that it is not appropriate at this time to require a single set of effluent limitations
or a single design or operational standard for all facilities which discharge stormwater associated
with industrial activity. This permit instead establishes a framework for the development and
implementation of a site-specific SWPPP. This framework provides the necessary flexibility to
address the variable risk for pollutants in stormwater discharges associated with the industrial
activities that are addressed by this permit,while ensuring procedures to prevent stormwater
pollution at a given facility are appropriate given the processes employed,engineering aspects,
functions,costs of controls,location,and age of facility(as discussed in 40 CFR 125.3). This
approach allows flexibility to establish controls which can appropriately address different
sources of pollutants at different facilities.
b. Stormwater Benchmarks
Fecal Coliform: Benchmark for fecal coliform is set at 1000 count per 100ml. The N.C.Water
Quality Standard (for all Class C waters,based on human health) establishes that fecal coliforms
shall not exceed a geometric mean of 200/100ml (MF count) based upon at least five consecutive
samples examined during any 30-day period,nor exceed 400/100ml in more than 20 percent of
the samples examined during such period.The SPU does not consider these in-stream values
practical for a stormwater benchmark. (Previously not included)
pH benchmark: pH range of between 6.0 and 9.0 (6.8-8.5 for saltwater) standard units for
discharges from stormwater outfalls is based on N.C.Water Quality Standards in 15A NCAC 02B
.0211 and is consistent with other renewed stormwater general permits. (Previously not
included)
Total Suspended Solids (TSS) Benchmark for TSS is equal to 100 mg/l (applicable to vehicle
maintenance area discharges) and is based on the median concertation derived from the National
Urban Runoff Program (NURP) study in 1983 and servs as a benchmark in most other industrial
stormwater permits with TSS monitoring. The lower TSS benchmark for ORW, HQW,trout,and
Primary Nursery Area (PNA) waters of 50 mg/1 reflects half that standard value and was set to
flag potential problems in discharges to waters with much lower water quality TSS standards (20
mg/l for HQW and ORW, 10 mg/l for trout and PNA. (Previously not included)
Non Polar Oil&grease (by EPA Method 1664 (SGT-HEM)): Benchmark for Non Polar Oil and
Grease is equal to 15 mg/l (applicable to vehicle maintenance areas) is consistent with other
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NCG110000 Fact Sheet- NC 2023-2028 Permit Term
States'benchmarks and/or limits for total petroleum hydrocarbons (TPH) and reflects a value
normally only associated with significant oil contamination. Specifying EPA Method 1664 with
the silica gel treatment step (SGT-HEM) in the permit ensures a cost- effective way to estimate
TPH (as opposed to gas chromatographic analysis).
5. REQUESTED VARIANCES OR ALTERNATIVES TO REQUIRED STANDARDS
There are no requested variances or alternatives to required standards. Facilities requesting
variances to required standards will not be covered under this General Permit but will instead be
required to seek coverage under an individual permit.
6. THE ADMINISTRATIVE RECORD
The administrative record,including application,draft permits,fact sheet,public notice,
comments received,and additional information is available by writing to:
Stormwater Program
Division of Energy,Mineral,and Land Resources (DEMLR)
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
Electronic copies of the documents listed above are available on our Laserfiche online repository,
or by emailing [e-mail].
7. STATE CONTACT
Additional information about the renewal permit may be obtained between the hours of 8:00 AM
and 5:00 PM Monday through Friday by contacting Brittany Cook at brittany.cookoncdenr.gov.
8. SCHEDULE OF PERMIT ISSUANCE
Permit Scheduled to Issue- No later than: June 1, 2023
10 PROCEDURES FOR THE FORMULATION OF FINAL DETERMINATIONS
a. Comment Period
DEMLR proposes to issue an NPDES General Permit for the above described stormwater
discharges. These determinations are open to comment from the public.
Interested persons are invited to submit written comments on the renewal permit or on DEMLR's
proposed determinations to the following address:
Stormwater Program
Division of Energy,Mineral,and Land Resources
Attn: Brittany Cook
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NCGlI0000 Fact Sheet— NC 2023-2028 Permit Term
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
OR: [e-mail]
All comments received within thirty(30) days following the date of public notice are considered
in the formulation of final determinations.
b. Public Meeting
The Director may hold a public meeting if there is a significant degree of public interest in a
proposed permit or group of permits. Public notice of such a meeting will be circulated in
newspapers in the geographical area of the discharge and to those on the DEMLR's mailing list at
least thirty (30) days prior to the meeting.
c. Appeal Hearing
An applicant whose permit is denied, or is granted subject to conditions they deem unacceptable,
shall have the right to a hearing before the Commission upon making written demand to the
Office of Administrative Hearing(OAH) within 30 days following issuance or denial of the permit.
d. Issuance of a Permit When no Hearing is Held
If no public meeting or appeal hearing is held,after review of the comments received,and if the
DEMLR's determinations are substantially unchanged,the permit will be issued and become
effective on the first day of the month following the issuance date.This will be the final action of
DEMLR.
If a public meeting or appeal hearing is not held,but there have been substantial changes,public
notice of DEMLR's revised determinations will be made. Following a 30-day comment period,the
permit will be issued and will become effective on the first day of the month following the
issuance date.This will be the final action of DEMLR unless a public meeting or appeal hearing is
grant
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