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Home My WebLink AboutNCGNE1166_COMPLETE FILE - HISTORICAL_20180604STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE I 1 DOC TYPE ❑HISTORICAL FILE DOC DATE ❑ �UI(YD L OH YYYYMMDD . ie. . >. a Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY .Tune 4, 2018 Praxair Surface Technologies, Incorporated Attention: Ms. Pamela Gihring, Plant Safety Manager 8501 Old Statesville Road Charlotte, North Carolina 28269 Dear Ms. Gihring, ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: No -Exposure Certification NCGNE 1166 Praxair Surface Technologies 8501 Old Statesville Road Charlotte, North Carolina 28269 The Division has reviewed your submittal of the No -Exposure Certification form for Exclusion from NPDES Stormwater Permitting. Based on your submittal and signed certification of no exposure at the above referenced facility, and the inspection dated May 30, 2018, the Division is granting your conditional exclusion from permitting as provided for under 40 CFR 122.26(g), which is incorporated by reference in North Carolina regulations. Please. note that by our acceptance of your no -exposure certification, you are obligated to maintain no - exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a No - Exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an unpermitted discharge. You must self re -certify your No -Exposure status annually and the form can be downloaded by visiting: http://portal.ncdenr.org/web/lr/npdes-stormwater the web page for the Division of Energy, Mineral and Land Resources Stormwater Program. The annual self re -certification does not need to be submitted to DEMLR unless requested. A copy should be maintained in your file. Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Mooresville Regional office 16I0 East Center Ave Ste 301 1 Mooresville, NC 29 11S 704 663 1699 T Praxair Surface Technologies, Incorporated June 4, 2018 Page 2 of 2 If you have any questions or need further information, please contact Holliday Keen at (704) 663-1699, or at Holliday.Keen crncdenr.gov. Sincerely, Zahid S. Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality Section Enclosure: Inspection Report cc: Stormwater Permitting Program, No- Exposure Files NCGNE1166 Permit: NCGNE1166 SOC: County: Mecklenburg Region: Mooresville Contact Person: Pam Gihring Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Compliance Inspection Report Effective: Expiration: Owner : Praxair Surface Technologies Inc Effective: Expiration: Facility: Praxair Surface Technologies, Inc. 8501 Old Statesville Rd Charlotte NC 28269 Inspection Date: 05/30/2018 Primary Inspector: Holliday Keen Secondary Inspector(s): Title: Entry Time: 09:00AM Certification: Phone: 704-921-5439 Phone: Exit Time: 09:40AM Phone: Lily C Kay Reason for Inspection: Other Inspection Type: Technical Assistance Permit Inspection Type: Stormwater Discharge, No Exposure Certificate Facility Status: Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions Misc (See attachment summary) Page: 1 permit NCGNE1166 Owner - Facility: Praxair Surface Technologies Inc Inspection Date: 05/3012018 Inspection Type : Technical Assistance Reason for Visit: Other Misc Is the facility compliant? Comment: Yes No NA NE ❑ ❑ ❑ Page: 3 t.s• . ..a Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY June 4, 2018 Praxair Surface Technologies, Incorporated Attention: Ms. Pamela Gihring, Plant Safety Manager 8501 Old Statesville Road Charlotte, North Carolina 28269 Dear Ms. Gihring, ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: No -Exposure Certification NCGNE.1166 Praxair Surface Technologies 8501 Old Statesville Road Charlotte, North Carolina 28269 The Division has reviewed your submittal of the No -Exposure Certification form for Exclusion from NPDES Stormwater Permitting. Based on your submittal and signed certification of no exposure at the above referenced facility, and the -inspection dated May 30, 2018, the Division is granting your conditional exclusion from permitting as provided for under 40 CFR 122.26(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no -exposure certification, you are obligated to maintain no - exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a No - Exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an unperm.itted discharge. You must self re -certify your No -Exposure status annually and the form can be downloaded by visiting: http://portal.ncdenr.org/web/ir/npdes-stormwater the web page for the Division of Energy, Mineral and Land Resources Stormwater Program. The annual self re -certification does not need to be submitted to DEMLR unless requested. A copy should be maintained in your file. Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. State of North Carolina I Environmental Quality 4 Energy, Mineral and Land Resources Mooresv¢lle Regional Office 1 610 East Center Ave Ste 301 1 Mooresville, NC 28115 704 663 1699 T Praxair Surface Technologies, Incorporated .tune 4, 2018 Page 2 of 2 If you have any questions or need further information, please contact Holliday Keen at (704) 663-1699, or at flolliday.Keenr ncdenr._ Sincerely, A Zahid S. Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality Section J Enclosure: Inspection Report cc: Stonnwater-PPernutting,Program-wNo7-7Exposure. F,riles.NCGNE 1-1-66. -- Permit: NCGNE1166 sac: County: Mecklenburg Region: Mooresville Contact Person: Pam Gihring Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Compliance Inspection Report Effective: Expiration: Owner: Praxair Surface Technologies Inc Effective: Expiration: Facility: Praxair Surface Technologies, Inc. 8501 Old Statesville Rd Charlotte NC 28269 Title: Phone: 704-921-5439 Certification: Phone:` Inspection Date: 0513012018 Entry Time: 09:OOAM Exit Time: 09:40AM Primary Inspector: Holliday Keen Phone: Secondary Inspector(s): Lily C Kay Reason for Inspection: Other Inspection Type: Technical Assistance Permit Inspection Type: Stormwater discharge, No Exposure Certificate Facility Status: ® Compliant Not Compliant Question Areas: Miscellaneous Questions Misc (See attachment summary) Page: 1 w`'. . r permit NCGNE1166 Owner - Facility: Praxair Surface Technologies Inc inspection Date: 05/3012010 Inspection Type: Technical Assistance Reason for Visit: _ Other Misc Is the facility compliant? Comment: Yes No NA NE 0❑❑❑ Page: 3 _P��Praxair Surface Technologies ,Inc. ...... 8501 Old Statesville Rd SURFACE TECHNOLOGIES Charlotte, NC 28269 December 8, 2016 Ms. Holliday Keen -North Carolina DEQ-Stormwater Permitting Section 610 East Center Ave, Ste 301 DEC Mooresville, NC.28115 2 2016 RE:- No -Exposure Certification NCGNE1166 . .. Bear Ms. Keen: We recently received a copy of the Industrial Storm Water No Exposure Inspection report for the inspection ,preformed at our facility on November 7,. 2016 and your follow up visit on November 28, .2016... The' letter indicated our No Exposure Certification request had been denied due to site conditions found during ' the inspection. We called, on December 6, 2016. to. discuss the items identified in the inspection report and you requested .we submit a letter. responding to the items identified in the inspection. The following are a list of -the deficiencies noted and our response:. 1. No, Exposure Certificates require all materials, activities and storage areas be placed under permanent and complete cover; which.excludes awnings, -loading docks, three or less Walled - sheds, or storage units that are typically left open. .: a. -:'We are basing our, response on"the "EPA stormwater tact sheet and guidance document,. referenced in the : NC DEQ stormwater website: " The. EPA does not require that the storm -resistant shelters be completely contained; structures that are :under roof, but open on the sides are; allowed as long.as,they prevent run-on/run-off -of stormwater. From the EPA Fact Sheet- Storm -resistant shelters include completely roofed and walled buildings or structures, as well as structures with only a top cover but no-side.coverings, provided material under the structure is not otherwise subject to any run-on and subsequent runoff of storm water. b.: We have reviewed our outdoor stormwater shelters during "a recent stormwater event, and feel that they do in fact prevent stormwater run-on/run-'Off; however there is always room for improvement. The outdoor storage trailers, whichare equipped with doors, should have the doors closed when -not in use and will initiate this practice. We also looked at the storage shed with the opening on one side that you noted. in: your pictures, and we will immediately work to provide,a covering of the door . to protect the items storedins stormuvater. c. 'At our loading dock area that was of concem will undergo improvements. We will remove all items except customer deliveries and finished goods ready.for shipment from the area that is only covered "on the top. The area that has wall covering is not exposed to any'wn on or run-off of storm water. Praxair Surface Technologies ,Inc. 85(31 Old Statesville Rd Charlotte, NC 28269 From the EPA Fact Sheet -A storm -resistant shelter. is not required for the ._ following industrial materials and activities: Final products other than products that would be mobilized in stormwater discharges (e.g., rock salt).. d. Should the NCDEQ have a more stringent requirement for stormwater resistant' shelters other than that provided by the 'EPA, please provide the citation reference. 2. ' During the inspection it was noted by the inspector that there were. materials stored outdoors. under tarps, in partially enclosed storage areas; and storage tanks in open air etc. a. While..the EPA does allow temporary storage of materials outside, under tarps, it is not a permanent solution. We do have same items which are' stored outside, and tarped, but we. agree that this is not .an acceptable long ter, storage solution and have made more permanent arrangements for the storage 'of'these items. b. The partially.enclosed storage areas have been discussed above c. 'The EPA exempts Above Ground Storage tanks from requiring -shelters. The tanks at our facility contain Oxygen, Nitrogen, Argon, CO2, Propylene and' Kerosene. None of - these are SARA 313 water priority. chemicals and only the' kerosene could -have a stormwater impact. To alleviate any'stormwater issue,'the outside kerosene storage tank is double -walled, which meets the secondary containment requirements, and the. dispensing system is located under roof at the point of usage. :Our tanks meet the :following criteria: 3:1.2 Above Ground Storage Tanks (ASTs). In addition to.generally being considered not exposed, ASTs may also be exempt from the'prohibition against adding or withdrawing material to / from external containers. ASTs typically utilize transfervalves to dispense materials which support facility operations (e.g:, heating oil, propane; butane, chemical feedstocks) or fuel for delivery vehicles (gasoline, diesel, compressed natural gas). For ASTs to be operational and qualify for no exposure: • They must be physically separated from and not associated with vehicle maintenance operations:, •.There- must be no piping, pumps or other equipment leaking contaminants that could contact storm water. = -'EPA recommends, wherever feasible, that ASTs be surrounded by some type of physical containment (e.g., an impervious dike, berm or concrete' retaining structure) to -prevent runoff in the event of a structural failure or leaking transfer valve. Note: anyresultingunpermifted discharge would violate the CWA. d. During the -site inspection it was note that the Acetylene trailer:should be under cover Jo prevent'stormwater contamination. As this is a flammable product the fire code :provides the storage requirements for=acetylene cylinders. These cylinders -are designed for outdoor storage. Acetylene is not a water, priority chemical; any leak would either ignite or dissipate into the air, either way this would not impact the stormwater: w Praxair Surface Technologies Inc. 8501 Old Statesville Rd Charlohe, NC 28269 e. Should the NCDEQ have a more stringent requirement for materialsstored outdoors _other than that provided by the' EPA, please provide the citation reference: 3. The inspection also noted an open dumpster under partial cover with metal, shavings on the ground beside the dumpster that could potentially leach metals into.the stormwater: a. The partial cover is acceptable, per the EPA guidelines; however the metal shavings on the ground are not. We have cleaned up the. area and have. an action item to get a covered dumpster to ensure that there.is no possibility of.stormwater contamination. The housekeeping 'in this area will be specifically covered during our, annual stormwater training- b.' :Should the NCDEQ have a more stringent requirement for open dumpsters.than that provided by the EPA, please provide the citation reference We appreciate your time and effort in helping us to identify those areas that required additional consideration: We realize from.this inspection, that many of the Best Management Practices used at our facility were not adequate and we appreciate this opportunity for improvement. In light of the EPA guidance, and yodr'report, we are requesting a site re-evaluation inspection to: determine if the site does meet the No-Exposure,:Certification criteria and we can"be exempted from stormwater permitting.: Please call me at 704-921-5439, if you have any questions or concerns on this:response. Sincerely, Pamela Gihring Plant Safety. & Environmental TMaer Praxair Surface Technologies, Inc. . 8501 Old Statesville Road Charlotte, NC 28269 Office: 704-921-5439 Cell: 713-859-9464 Pa m_g ih ri ng @praxa i r. com I / PAT MCCRORY Governor DONALD R. VAN DER VAART Energy, Mtnerat and Land Resources DMAONMENTAL QUALITY November 30, 2016 Praxair Surface Technologies, Incorporated Attention: Ms. Pamela Gihring, Plant Safety Manager 8501 Old Statesville Road Charlotte, North Carolina 28269 Subject: No -Exposure Certification NCGNE1166 Praxair Surface Technologies 8501 Old'Statesville Road Charlotte, North Carolina 28269 Dear Ms. Gihring, Secretary TRACY DAVIS' Director RECEIVED DEC 0 7 2015 DEAR-L.aJ'4D STORlb9LA ATE - On November 28, 2016, I met with Ms. Pamela Gihring, the Plant Safety Manager, at the Praxair Surface Technologies facility located at 8501 Old Statesville Road, Charlotte, NC. During this inspection we reviewed the status of the site and discussed the stormwater permitting requirements that would apply to this facility. Previously; allo Exposure Certificate for Exclusion request for this facility was denied on November 14, 2016. The denial was due to site conditions during my inspection on November 7, 2016, during which I noted various materials being stored in a manner that could be subject to stormwater and affect the quality of water leaving the site. No Exposure Certificates require all materials, activities, and.storage areas to be placed under permanent and complete cover, which excludes awnings, loading docks, three or less walled sheds, or storage units that are typically left open. During the inspection I noted materials stored outdoors underneath tarps, in partially . enclosed storage areas, and storage tanks in ,open air, etc."I also noted an open dumpster, under partial cover with metal shavings on the ground beside the dumpster that could potentially leach metals into the stormwater. Attached are photos labeled Figure 1-6 from the site visit on November 28, 2016 demonstrating the aforementioned materials and storage areas. Based on the materials on your site that are -exposed -to stormwater, or have the potential to be exposed -to..'' stormwater, I recommend pursuing coverage under the stormwater general permit that coincides with the SIC code of this facility. The stormwater general permits and all necessary forms can be found at I . https://deq.ne.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater- . program. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Mooresville Regional Office 1 610 Fast Center Ave Ste 301 {. Mooresville, NC 28115 704 663 1699 T ' Praxair Surface Technologies, Incorporated NCGNE 1166 November 30, 2016 Page 2 of 5 If you have any questions or need further information, please contact Holliday Keen at (704) 663-1699, or at . Holliday.Keen@NCDENR.gov. Sincerely, Z Holliday Keen Environmental Specialist Land Quality Section Enclosure: Inspection Report cc: Mr:_Bradley--B�enne-tt-,7Stormwater Permitting Program, No- Exposure Files NCGNEI 166 Mooresville File NCGNE1166 t o Praxair Surface Technologies, Incorporated NCGNE 1166 November 30, 2016 Page 3 of 5 Figure 1: Figure 2: Praxair Surface Technologies, Incorporated NCGNE 1166 November 30, 2016 Page 4 of 5 Figure 3: Figure 4: Praxair Surface Technologies, Incorporated NCGNE 1166 November 30, 2016 Page 5 of 5 Figure 5: Figure 6: PAT MCCRORY Governor DONALD R. VAN DER VAART Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY November 30, 2016 Praxair Surface Technologies, Incorporated Attention: Ms. Pamela Gihring, Plant Safety Manager 8501 Old Statesville Road Charlotte, North Carolina 28269 Subject: No -Exposure Certification NCGNE1166 Praxair Surface Technologies 8501 Old Statesville Road Charlotte, North Carolina 28269 Dear Ms. Gihring, Secretary TRACY DAVIS Director On November 28, 2016, I met with Ms. Pamela Gihring, the Plant Safety Manager, at the Praxair Surface Technologies facility located at 8501 Old Statesville Road, Charlotte, NC. During this inspection we reviewed the status of the site and discussed the stormwater permitting requirements that would apply to this facility. Previously, a No Exposure Certificate for Exclusion request for this facility was denied on November 14, 2016. The denial was due to site conditions during my inspection on November 7, 2016, during which I noted various materials being stored in a manner that could be subject to stormwater and affect the quality of water leaving the site. No Exposure Certificates require all materials, activities, and storage areas to be placed under permanent and complete cover, which excludes awnings, loading docks, three or less walled sheds, or storage units that are typically left open. During the inspection I noted materials stored outdoors underneath tarps, in partially enclosed storage areas, and storage tanks in open air, etc. I also noted an open dumpster under partial cover with metal shavings on the ground beside the dumpster that could potentially leach metals into the stormwater. Attached are photos labeled Figure 1-6 from the site visit on November 28, 2016 demonstrating the aforementioned materials and storage areas. Based on the materials on your site that are exposed to stormwater, or have the potential to be exposed to stormwater, I recommend pursuing coverage under the stormwater general permit that coincides with the SIC code of this facility. The stormwater general permits and all necessary forms can be found at https://deq.ne. gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater- program. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Mooresville Regional Office j 610 East Center Ave Ste 301 1 Mooresville, NC 28115 704 663 1699 T Praxair Surface Technologies, Incorporated NCGNE 1166 November 30, 2016 Page 2 of 5 If you have any questions or need finrther information, please contact Holliday Keen at (704) 663-1699, or at Holliday.Keen@,NCDENR.gov. Sincerely, Holliday Keen Environmental Specialist Land Quality Section Enclosure: Inspection Report cc: Mr. Bradley Bennett, Stormwater Permitting Program, No- Exposure Files NCGNE1166 Mooresville File NCGNE1166 Praxair Surface Technologies, Incorporated NCGNE 1166 November 30, 2016 Page 3 of 5 Figure 1: Figure 2: Praxair Surface Technologies, Incorporated NCGNE 1166 November 30, 2016 Page 4 of 5 Figure 3: Figure 4: Praxair Surface Technologies, Incorporated NCGNE 1166 November 30, 2016 Page 5 of 5 Figure 5: Figure 6: PAT MCCRORY Govemor DONALD R. VAN DER VAART_ Secretary Energy, Mineral and ,Land Resources ENVIRONMENTAL QUALITY November 16, 2016 Praxair Surface Technologies, Incorporated Attention: Ms. Pamela Gihdng, Owner and Plant Safety Manager 8501 Old Statesville Road Charlotte, North Carolina 28269 Subject: No -Exposure Certification NCGNE1166 Praxair Surface Technologies 8501 Old Statesville Road Charlotte, North Carolina 28269 Mecklenburg County Dear Ms. Gihrfng: TRACY DAVIS Director The Division has reviewed your submittal of the No Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on November 1, 2016. The Division is unable to concur with your certification of No -Exposure, Based on an inspection of your facility on November 7, 2016 Mooresville Regional Office staff found that industrial activities or materials on your site either are exposed, -or have the potential to be exposed. DEMLR cannot grant your requested exemption from permit coverage when industrial activities or materials are exposed or have the potential to be exposed. Please see attached inspection report. If you have any questions or need further information, please contact Holliday Keen at (704) 663-1699, or at Holliday, Keen@NCDENR.gov. Sincerely, 3__� J • ((�_ Zahid S. Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality Section Enclosure: Inspection Report cc: Mr. Bradley Bennett, Stormwater Permitting Program, No- Exposure files NCGNE1166 State of North Carolina 4 Emironrnwal Quality I Energy, Mineral and Land Resources Mooresville Regional Office 1610 East Center Ave Ste 3011 Mooresville, NC 28115 704 663 1699 T Compliance Inspection Report Permit: NCGNE1186 Effective: Expiration: Owner: Praxair Surface Technologies Inc SOC: Effective: Expiration: Facility: Praxair Surface Technologies, Inc. County: Mecklenburg 8501 Old Statesville Rd Region: Mooresville Charlotte NC 28269 Contact Person: Pam Gihring Title: Phone: 704-921-5439 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: secondary ORC(s): On -site Representative(s): Related Permits: Inspection Date: 11/0712016 . Entry Time: 04:00PM Exit Time; 04:30PM Primary Inspector: Holliday Keen Phone: Secondary Inspector(s): Ousmane Sidibe Phone Reason for Inspection: Routine Inspection Type: Technical Assistance Permit Inspection Type: Stormwater Discharge, No Exposure Certificate Facility Status: ❑ Compliant ❑ Not Compliant Question Areas: N Miscellaneous Questions Misc (See attachment summary) Page: I Permit: NCGNE1166 owner • Facility: Praxair Surface Technologies Inc Inspection Date: 11/07/2016 inspection Type : Technical Assistance Reason for Visit: Routine Inspection Summary: At the time of inspection, the safety manager was not available to provide required safety training to enter the facility or accompany us during the inspection. A partial inspection was completed from outside of the facility fencing where we observed material storage outside that would be subject to stormwater. Due to the material storage seen outdoors, the request for a No Exposure Certificate will be denied at this time. Page: 2 Permit: NCGNE1166 Owner - Facility: PraxaIr Surface Technologies Inc Inspection Date: 11107/2016 Inspection Type : technical Assistance Reason for Visit: Routine Misc Is the facility compliant? Comment: Yes No NA NE ❑❑❑® Page: 3