NCG020000_DRAFT Fact Sheet to Notice_20150605

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG020000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER AND WASTEWATER
Permit No. NCG020000
1. TYPES OF DISCHARGES COVERED
Date: June 5, 2015
a. Industrial Activities Covered by this General Permit
Coverage under the NCG020000 ("NCG02") General Permit is applicable to all owners
or operators of stormwater point source discharges associated with activities
classified as mining and quarrying of non-metallic minerals (except fuels) [standard
industrial classification (SIC) 14]; and the following wastewater discharges associated
with those mining activities: (1) mine dewatering wastewater discharges, (2) process
wastewater discharges. Coverage is also applicable to 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,
products, or waste products.
b. Types of Operations Covered
This permit covers mine excavation and other land disturbance associated with mining,
and all process areas on mineral mining sites at which stormwater contacts
overburden, raw, intermediate, or finished product, by-product, or waste product.
Processes include blasting, cutting, dredging, hauling, conveying, crushing, screening,
and stockpiling of mined materials. Other activities covered include stormwater runoff
from on -site vehicle maintenance areas, washing mined materials, operating process
wastewater treatment facilities, and discharges of mine dewatering and other process
wastewater. This permit covers discharges from both active and inactive mining
operations. CHANGE: The 2015 revised proposed permit specifies that coverage
applies to mines with wastewater discharges less than 1 MGD. The proposed
change means that mines that will discharge larger flows must first apply for an NPDES
Wastewater Permit from the Division of Water Resources (but may ultimately be
allowed to obtain coverage under NCG02, if the general permit is deemed sufficiently
protective by DWR and DEMLR on a case -by -case basis). During the public comment
period, DEMLR will explore whether an alternative flow threshold is more appropriate
for determining initial application course.
The following activities and associated discharges are excluded from coverage under
this permit: Borrow Pits covered by the DOT statewide stormwater permit; Peat
Mining; Coal Mining; Metal Mining; and Oil and Gas Extraction Operations. CHANGE:
Co -located asphalt plants are no longer excluded from coverage.
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c. Characteristics of Discharged Stormwater and Wastewater
Total suspended solids (TSS), turbidity, and settleable solids (SS) continue to be the
primary pollutants of concern in stormwater discharges associated with mining
activities and related land disturbances at these sites. Mine dewatering and other
process wastewater discharges from these operations have similar pollutant
characteristics, and introduce a possibility for pH impacts, depending on types of
materials mined and/or the treatment employed. Bacteriological pollution is a concern
for all shellfishing waters and therefore required for any mines discharging wastewater
to SA classified waters.
Stormwater - Mining Activities: Settleable solids, total suspended solids, and
turbidity remain primary indicators for stormwater pollution introduced by mining
activities. Unfortunately their inter -relationship in stormwater is complex and depends
on the material being mined, treatment, and other conditions of the receiving water. All
parameters assist in evaluating sediment influence on discharges, and can help
establish when elevated turbidity levels in -stream are the result of the mine's
discharges. Because the most useful indicators may vary by mine type and regional
sediment composition, and because turbidity influences are most difficult to attribute to
specific sources during storm events, the draft permit requires all three measurements
for stormwater.
Stormwater - Vehicle Maintenance Activities (VMAs): Although the analysis is the
same, the parameter name "Total Petroleum Hydrocarbons (TPH)" for stormwater
discharges associated with vehicle maintenance has been replaced by "Non -polar Oil &
Grease by EPA Method 1664 (SGT-HEM)." This description causes less confusion for
permittees and their laboratories because the request for "TPH" can be confused with
more expensive gas chromatography tests for this group of compounds. Non -polar 0&G
continues to be a useful indicator for targeting petroleum -based oils and greases.
DEMLR has retained the benchmark from the previous permit. We would only expect
levels to exceed that 15 mg/l in discharges with significant oil contamination. Based on
the relatively small number of mines that trigger the need to monitor discharges from
VMAs, and the few hits outside of the pH range of 6-9, the proposed monitoring suite
removes the requirement to monitor pH.
Wastewater - Pit dewatering and Process Wastewater: Federal effluent guidelines
establish total suspended solids (TSS) and pH limits for this industry (some
subcategories). Turbidity monitoring is included, but no effluent limits apply; instead,
the in -stream Water Quality Standard for various classes of receiving waters
supplements the text of the permit. N.C.'s narrative turbidity standard stipulates that
even when natural background turbidity levels are above the standards, the existing
turbidity level shall not be increased. The 2015 revised permit eliminates settleable
solids (SS) monitoring based on the small percentage of limit exceedances. SS
monitoring is not required by federal effluent guidelines.
For comparison, EPA's 2013 Proposed Multi -Sector General Permit (MSGP) requires the
mining sites in Sector J to monitor Stormwater quarterly for TSS (Sand and
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Gravel/Dimension/Crushed Stone/Nonmetallic Minerals) and nitrate+nitrite Nitrogen
(Sand and Gravel mining only). The MSGP requires annual monitoring of wastewater
discharges for pH for the same three categories, and only TSS for Sand and Gravel
mining. Additional parameters may apply to sites that discharge to impaired waters
under the MSGP.
d. 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.
e. Receiving Waters
Receiving waters include all surface waters of North Carolina or municipal separate
storm sewer systems conveying stormwater to surface waters.
2. CONSTRUCTING AND OPERATION OF A TREATMENT FACILITY
An "Authorization to Construct" (ATC) permit for new or expanding wastewater treatment
facilities was once required by 15A NCAC .0100 for the construction and operation of water
pollution control facilities necessary to comply with NPDES permit conditions. That
authorization had been incorporated into the NCG020000 General Permit to streamline the
permitting process. In 2011, Section 9 of Session Law 2011-394 eliminated the ATC
requirement for industrial wastewater treatment facilities (See Appendix A). The
proposed 2015 revised permit contains significant revisions in Part II, Sections A and B
that reflect the change.
Also now absent from the proposed 2015 revised General Permit is the authorization to
construct and operate a Closed -Loop Recycle System (CLRS) that meets the requirements
of the 15A NCAC 2T .1000 Rules. (Requirements for these recycle systems are driven by a
State program and were not impacted by SL 2011-394 s changes to the State Statute.) Mine
operators that construct and operate CLRS facilities must apply and obtain the
necessary permits or approvals through the Non -Discharge Permitting Program in
the Division of Water Resources (DWR). This change was prompted by the Stormwater
Permitting Program's move out of DWR into DEMLR and helps ensure appropriate Division
oversight of these systems. Systems that are not designed as closed -loop and have the
potential to discharge to surface waters are still covered by NCG020000.
The Session Law did not remove authority for the Division to require that permittees notify
the DEMLR Regional Office in advance of operation of newly installed or expanded
wastewater treatment facilities. This directive remains a condition of this proposed permit
(Part II, Section A). The rationale is that this notification alerts NC DENR of potentially
significant changes to wastewater discharges and allows the opportunity for an inspection to
verify compliance with the NPDES permit.
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3. PROPOSED DISCHARGE CONTROLS AND LIMITATIONS
a. Stormwater Pollution Prevention Plan
As in the previous version of this General Permit, stormwater pollution must be
controlled by the development and implementation of a Stormwater Pollution
Prevention Plan (SPPP). DEMLR continues to believe that effective control of the
pollutant content in industrial stormwater discharges can only be achieved when site
management implements a written, site -specific management plan serving that
objective. The 2015 revised draft permit contains several minor improvements in the
SPPP largely related to improved clarity of language in the permit text. See the draft
permit for the proposed new version of the SPPP requirements. All mining operations
covered under this General Permit must develop and implement an SPPP.
b. Stormwater discharge analytical monitoring
As in the 2009 version of this General Permit, all permittees must perform twice -per -
year analytical monitoring of the stormwater discharges, must respond to any
exceedances of the numerical benchmark values for the monitored parameters, must
keep records of the monitoring results and the permittee's response actions, and must
report the monitoring results to DEMLR. As before, the permittee has the option of
applying and obtaining Representative Outfall Status (ROS) for one or more outfalls to
reduce the obligation to monitor all stormwater discharge outfalls (SDOs) on site. ROS
designation is handled outside of the permit and is not available for wastewater
outfalls. The proposed permit drops the option for the permittee to monitor turbidity
up- and downstream and instead requires measurement in the discharge only.
c. Stormwater discharges from vehicle maintenance areas (VKA)
As in the 2009 version of this General Permit and like most other industrial general
permits, permittees are required to separately monitor stormwater discharges
originating from site areas where vehicle maintenance activities are conducted.
DEMLR's view continues to be that monitoring discharges from qualifying vehicle
maintenance areas contributes to the prevention of stormwater pollution from those
activities.
d. Qualitative (Visual) monitoring of stormwater discharges
As in previous versions of this General Permit, the permittee must perform twice -per -
year qualitative monitoring (visual monitoring) at all stormwater discharge outfalls. In
the 2015 revised draft permit, DEMLR has broadened the option of using representative
outfall status (ROS) to reduce the number of outfalls that must be qualitatively
monitored. This allowance is not typical in N.C. stormwater permits but is consistent
with the most recent NCG120000 General Permit for Landfills, which covers similar
land disturbances and sometimes a very large number of outfalls spread out over a
large land area. Also, the proposed revised permit no longer requires visual monitoring
to coincide with the analytical sample.
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e. Numerical benchmarks and tiered response structure
As in the previous version of this General Permit, the permittee must respond to
benchmark exceedances with increased monitoring, increased management actions,
increased record keeping, and/or the installation of stormwater BMPs in a tiered
program. The exceedance of a numerical benchmark is not considered a violation of the
permit conditions, although failure to respond as per the Tiered response structure
would be. In that context, the benchmark value is not a numerical 'permit limit', but
rather a management action level value. Four (4) benchmark exceedances require the
permittee to notify the DEMLR Regional Office, and may prompt additional
requirements under the provisions of Tier Three.
f. Wastewater discharge analytical monitoring and limitations
The draft permit specifies monitoring and reporting requirements for mine dewatering
and process wastewater discharges. The parameters are the same for both types of
wastewater, but total suspended solids (TSS) limits only apply to industrial sand mining
per federal guidelines. Effluent Guideline limitations for TSS and pH are mandated by
40 CFR §436, and North Carolina Water Quality Standards in the 15A NCAC 213.0200
rules limit total volume discharge to High Quality Waters (HQWs) to 50 percent of the
total in -stream flow of the receiving water under 7Q10 conditions.
The 2015 draft proposes to (1) eliminate monitoring and effluent limits for settleable
solids (SS), (2) reduce monitoring frequency from quarterly to semi-annually, and (3)
omit the option to monitor turbidity up- and downstream (but still requires turbidity
measurement of the effluent without assigned numerical limits).
4. PROPOSED MONITORING AND REPORTING REQUIREMENTS
This general permit specifies monitoring and reporting requirements for both quantitative
(analytical) and qualitative (visual) assessment of the stormwater discharges, as well as
operational inspections of the entire facility and BMPs. The specific pollutant parameters
for which sampling must be performed and the frequency of the sampling are based upon the
types of materials generated by mine excavation and other land disturbance activities,
stockpile storage areas, vehicle maintenance areas on mine sites, manufacturing processes of
washing, cutting, or finishing mined materials; and the potential for contamination of the
stormwater runoff at these facilities.
The proposed monitoring and reporting requirements include the following changes:
The proposed permit has been restructured to (1) simplify the distinction
between wastewaters and stormwater discharges authorized by this permit, similar
to the NCG140000 General Permit at its last renewal, and (2) remove authorization
to construct (ATC) requirements that are no longer applicable to this industry. In
addition, authorization to construct and operate a Closed -Loop Recycle System
(CLRS) that meets design requirements in the 15A NCAC 2T Rules is no longer
included as part of this General Permit. Explanation: The revised structure simplifies
the permit and brings requirements up to date with legislation passed in 2011 (See
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Appendix A). Because the Stormwater Permitting Program has since moved out of the
Division of Water Resources (DWR), which administers the Non -Discharge Permitting
Program, DEMLR concluded any necessary reviews and approvals of Closed -Loop
Recycle Systems should originate with DWR.
The proposed permit no longer excludes coverage of co -located Asphalt Plants
(cover page language modified accordingly). Explanation: It used to be that asphalt
plants under General Permit NCG160000 ("NCG16') had a requirement for an SPPP,
whereas mines under NCG02 did not. That difference changed with the 2009 revision
(January 1, 2010) that expanded NCG02 to include an SPPP requirement for mines.
When DEMLR compared current requirements for NCG16 with the proposed
requirements in this revised general permit NCG02, DEMLR concluded regulating an
asphalt plant under NCG02 rather than NCG16 results in an overall more protective
regulatory scheme. For example, NCG16 permittees only monitor TSS 2/year, while
NCG02 proposes that permittees monitor TSS, settleable solids, and turbidity 2/year.
(The most recent revision of NCG16 dropped 0&G monitoring at all outfalls, while the
vehicle maintenance area (VMA) monitoring requirements are the same.) NCG02 also
requires more frequent stormwater control inspections. However, DEMLR intends to
allow asphalt plants to be covered under NCG02 only i (1) industrial activity areas
drain back to mine permit outfalls and (2) if the NCG02 permittee accepts
responsibility for compliance of the plant area with the permit conditions on the behalf
of the plant operator, or per an agreement between those two parties.
The proposed permit excludes wastewater discharges of 1 MGD or more (cover
page language modified accordingly). Explanation: Past instances of mine sites
proposing large dewatering discharge flows into small receiving waters that prompted
NC DENR to redirect applicants into an individual wastewater permitting process are
the basis for this proposed change. While an individual permit is better in many cases,
a change in the middle of an application process for a general permit can be
frustrating for the permittee. The revision attempts to prevent that scenario. The
stipulation also does not necessarily breclude mines with larger flows from eventually
being approved for coverage under NCG02, but it does require that mines proposing
flows above this threshold begin an application process that is more appropriate for
screening potential water quality impacts. DEMLR intends to use the ability of NCG02
to cover "like activities" to allow mines with flows larger than 1 MGD and that do not
pose potentially significant water quality impacts to obtain general permit coverage
instead. During the public comment period, DEMLR will explore whether an
alternative flow threshold is better for this purpose.
The proposed permit has updated language in the Stormwater Pollution
Prevention Plan (SPPP). Explanation: The revisions make the permit consistent
with other more recently updated general permits and attempt to reduce confusion.
• The proposed permit has reduced the BMP inspections to weekly only (dropping
the requirement to inspect within 24 hours of any storm event that produces a
discharge). Explanation: DEMLR reasoned that a weekly inspection frequency would
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not compromise the ability to identify obvious problems with the structure and would
inevitably occur within a day of a storm event some of the time throughout the permit
cycle.
• The proposed permit has revised references to "dormant site status"
throughout the permit. In conjunction, the proposed permit has reduced the
BMP inspection requirements for dormant sites to monthly only, and even
further to annually upon a Regional Office inspection that confirms structural BMPs
have been removed and are not necessary. Explanation: The revisions attempt to
eliminate confusion between "inactive sites" (mines) and "dormant status" as
implemented more broadly across DEMLR's NPDES Stormwater Program, and to make
the requirements more straightforward for mines that have suspended industrial
activities. DEMLR also considered requests from the industry to reduce the burden of
frequent visits to remote unstaffed sites, particularly after rain events, and reasoned
that these accommodations were appropriate for such sites.
• The proposed permit incorporates a modified definition of what storm event
should be sampled. Previous permits required sampling during a "representative
storm event." The proposed permit renewal now requires permittees to sample the
"measurable storm event," a new term for N.C. stormwater permits beginning in
2011. The "measurable storm event" is an event that results in an actual discharge,
rather than an event with a rainfall measuring 0.1 inches or more. To qualify as a
measurable storm event under this General Permit, the previous storm event must
have been at least 48 hours prior (instead of the standard 72 hour period that must
precede a measureable storm event for other stormwater permits). Explanation:
The term change updates the permit to be consistent with others in N.C.'s NPDES
Stormwater Program. The rationale for a shorter time between events is based on the
different nature of a mine when compared to other industrial facilities: the source and
concentration of sediment and other potential contaminants should differ little if
collected from a rain event following a two-day, rather than three-day dry period —
particularly when BMPs can be assessed for robustness in sequential storm events.
This shorter period may also provide more opportunities to collect samples earlier in
the work week, making hold time constraints on turbidity samples less of a concern for
lab pick-up and analysis schedules.
• The proposed permit also allows the permittee to forgo sampling if adverse
weather conditions prevent sample collection (see the Definitions section of the
draft permit). Inability to sample because of adverse weather conditions must be
documented in the SPPP, recorded on the data monitoring forms (DMRs), and
DMRs submitted to DEMLR. Explanation: DEMLR feels this is a reasonable
accommodation and keeps the safety of all employees in mind. The allowance mimics
a similar provision in the EPA's Proposed 2013 Multi -Sector Permit without the
directive to take a "make-up" sample in the next monitoring period. DEMLR routinely
advises permittees to take a "make-up" sample if one is missed during a period and
plans to include this information in the final Technical Bulletin.
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• The proposed permit also provides that the permittee is not required to sample
runoff events outside of the normal operating hours of the business (except in
the case of inactive mines, as they are not operating but may still be bound to
sampling requirements —unless suspended by the Division's granting "dormant
status."). Explanation: DEMLR feels this is a reasonable accommodation and keeps the
safety of employees in mind. Also, since early 2012 the Division's Stormwater
Permitting Program has allowed NPDES stormwater permittees to avoid monitoring
requirements under the conditions of plant shut down or extended inactivity when no
regulated industrial activities were on -going. Dormantstatus isgranted only upon the
Division's inspection of the facility, and concurrence that industrial activities have
ceased and no remaining threats to water quality exist from stormwater runoff. No
wastewater generation or discharges are allowed during the dormant status period.
• The proposed permit eliminates the requirement to record Event Duration and
Total Flow in stormwater discharges. Explanation: DEMLR has removed these
parameters in most NPDES stormwater permits over the last few years because run-off
volume can be estimated with total rainfall and drainage area (DA) percent
imperviousness —information contained in the SPPP for most industrial sites, there
was little need for the permittee to report event duration and flow (particularly
because mass limits do not apply). In 2009, NCG02 contained these parameters
because the permit did not require permittees to record the DA percent imperviousness
in the SPPP, given the frequent changes in topography and surfaces by land
disturbances at mines. Because the SPPP still requires permanent impervious surfaces
(those unlikely to change frequently) be documented on the site map, along with
stockpile storage areas, etc., DEMLR concluded enough information is recorded to
estimate flow if ever needed and revised this draft permit to be consistent with others
in the program.
• The proposed permit eliminates option for up- and downstream turbidity
monitoring in stormwater discharges. Explanation: DEMLR considered the
inequity the previous permit conditions introduced by allowing permittees to elect
whether to monitor in -stream or at the outfall. Mine operators might simply choose
effluent monitoring to avoid a measurement that could demonstrate a Water Quality
Standard violation and put them at immediate compliance and enforcement risk. This
seemed inconsistent and unfair, especially to operators that did choose to monitor in -
stream. Reasonable access to an up- and downstream location at some mines, and in
particular ensuring safe access during storm events, introduces a challenge and
further reduces incentive to monitor instream. Interpretation of even multiple grab
samples from a natural water of any considerable cross-section presents questions of
representativeness and difficulties in drawing actionable conclusions. DEMLR
concluded that requiring stormwater discharge sampling only was a simpler, more
direct, and overall better approach. In -stream turbidity standards still apply and are
noted in the permit.
• The proposed permit drops pH monitoring in stormwater discharges from
vehicle maintenance areas (VMA). Explanation: DEMLR considered that only 2%
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of pH measurements from NCG02 permittees were outside of the benchmark range
(See Appendix B) and suggests that pH should not be considered a characteristic
pollutant of concern for vehicle maintenance areas in this industry. DEMLR has
eliminated pH monitoring from VMA monitoring for other industry sectors over the
last couple ofyears based on minimal added value to pollution prevention for runoff
from these areas versus the rigor of equipment calibration requirements and
constraints of a 15-minute hold time. DEMLR also notes that EPA's Proposed 2013
MSGP does not include pH monitoring for Sector P, Land Transportation and
Warehousing (which specifically includes vehicle maintenance activities).
The proposed permit has updated language in the Tier Responses to Benchmark
Exceedances. Explanation: The revisions make the permit consistent with other
more recently updated general stormwater permits. Most notably, the proposed
permit allows the permittee to contact the Regional Office as early as Tier 2 to
coordinate response actions of Tier 3, rather than waiting to trigger Tier 3.
• The proposed permit has changed the acronym for the Pumping Operation and
Monitoring Plan from "Pumping O&M Plan" to "POM." Explanation: The term
"0&&M Plan" is used routinely for Stormwater Best Management Practices to refer to an
"Operation and Maintenance Plan" or Agreement. The revision reduces confusion.
The proposed permit reduces quarterly monitoring to semi-annual for
wastewater discharges. Explanation: DEMLR considered the relativelygood
wastewater monitoring data from our NCG02 permittees over the last permit cycle
(See Appendix B): 11 % of TSS measurements were potentially over the limit (25
mg/L average limit for industrial sand mines), and SS measurements exceeded the
permit limit in less than 3% of samples. The rate of turbidity measurements above 50
NTU and pH limit violations was comparable to the settleable solids rate. With the
preponderance of wastewater discharges within the permit limits, DEMLR concluded
that semi-annual monitoring offers similar performance and control feedback to our
permittees as quarterly sampling. Also, DEMLR can require monthly monitoring in
cases where discharges cause a Water Quality Standard violation for turbidity.
The proposed permit eliminates the monitoring for settleable solids in
wastewater discharges. Explanation: Although 15A NCAC2B.0508 (TESTSAND
MEASUREMENTS APPLICABLE TO SICs) requires monthly monitoring of settleable
solids (along with the other parameters in this permit) for the mining industry, 2B
.0508(b) allows those requirements to be "waived or modified to the extent that the
Director determines to be appropriate." DEMLR considered that settleable solids (SS)
measurements exceeded the permit limit of 0.1 ml/L in less than 3% of measurements
(See Appendix B). Less than 1 % of measurements exceeded the daily maximum limit
of 0.2 ml/L. DEMLR's assessment is that sufficient control of solids discharges from
mining activities can be achieved based on measuring and responding to TSS
limitations (when applicable) and instream turbidity impacts (always applicable). See
further discussion in Section 7.
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The proposed permit eliminates the exemption of "closed -loop recycle systems
designed to operate with two feet of freeboard" from wastewater discharge
monitoring. Explanation: DEMLR considered this monitoring exemption redundant
after removing operation of Closed -Loop Recycle Systems (CLRSs) from the scope of
this permit. We have deleted the provision to avoid confusion and misinterpretation
(e.g., ponds that may have 'freeboard" only because they routinely discharge at an
outlet 2' below a dike berm). The exemption of wastewater treatment systems that
discharge only in response to 10 year, 24-hour storms and greater from analytical
sampling provides relief that should also apply to systems that maintain large
amounts of freeboard and do not normally discharge. The removal of CLRSs from the
scope of the proposed permit (discussed earlier) is also consistent with revisions to the
NCG140000 Ready -Mix Concrete NPDES General Permit at the last renewal.
The proposed permit revises the reporting requirements to be more consistent
with other general permits in DEMLR's program. Conditions no longer require an
Annual Report by March 1st of each year, nor separate reporting of benchmark
exceedances or limit violations to the Regional Office. The permittee must simply
send DMRs to the Central Office within 30 days of receiving sample results.
Explanation: The EPA's Electronic Reporting Rule should be finalized during the first
year of the permit term and will require all NPDES permittees to report data
electronically in the 2016-17 timeframe. The Storm water Permitting Program is
coordinating with the Division of Water Resources to use the eDMR infrastructure
already in place to implement electronic reporting capabilities.
The proposed permit revises the qualitative monitoring requirements to (1)
allow representative outfall status (ROS) designation to reduce the number of
outfalls monitored throughout the permit term, and (2) no longer restrict
monitoring to the same event as the analytical samples. Explanation: DEMLR
recognized that mining sites can be relatively large in extent with many outfalls. We
have allowed ROS for qualitative monitoring for our landfill permittees, another
industry sector with typically many outfalls widely separated on a large site. Also,
under this permit mining sites are subject to visual observations of stormwater BMPs
once per week (unless the facility has been granted dormant status.) Itseems
reasonable that the physical differences between the sites of different industry sectors
should influence the requirements of stormwater permits. With a monitoring
frequency comparable to other stormwater permits (twice peryear), and with BMP
inspections much more frequent (once per week) than is required under other
stormwater permits, the combined site management oversight in support of
stormwater pollution control is sufficient and should not preclude ROS for qualitative
monitoring.
Parts V, Standard Conditions for NPDES General Permits has updated language
in various sections. These include (1) Section A: Reducing period for an existing
mine that applies for coverage for the first time to develop its SPPP from 1 year to 6
months, (2) Section B: new Electronic Reports paragraph in Section B, (3) Section
C: Distinct bypassing conditions for stormwater controls and wastewater treatment
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facilities, (4) Section D: Allowance for permittee to provide analytical records to a
DEMLR inspector electronically upon request. Explanation: The revisions make the
permit consistent with other more recently issued permits in DEMLR's Stormwater
Program; address authorized wastewater discharges covered under this General
Permit, and respond to a request by the industry to make an allowance for analytical
monitoring records to be maintained at a central location away from a mine site
(often remote) but available electronically for inspection. DEMLR also concluded that
six months is a reasonable expectation for a new facility to develop and implement an
SPPP and sees no reason to retain the one year allowance.
As before, the proposed renewal permit specifies the exemption for what DEMLR considers
a "non -discharging system" with a further specification (underlined): analytical
monitoring is not required from a "basin or pond designed to contain the 25-year, 24-hour
storm without discharging, and that can regain capacity to hold such an event within five
(5) days' time through means other than discharge to surface waters." In particular for this
industry, often permittees mistakenly interpret sediment basins "designed for the 25-year
storm" to qualify for the exemption from monitoring, when in reality those systems do not
qualify. Such basins do in fact discharge to draw down volume; they are simply designed to
safely pass the design event over the emergency spillway without compromising the
control structure. In other words, DEMLR is clarifying that discharges only in response to a
26 year, 24 hour storm are not regulated by this permit.
As before, the proposed renewal permit specifies qualitative (visual) monitoring of each
stormwater outfall for the purpose of evaluating the effectiveness of stormwater control
measures and assessing new sources of stormwater pollution. Qualitative monitoring
parameters include color, odor, clarity, floating and suspended solids, foam, oil sheen, and
other obvious indicators of stormwater pollution. The draft 2015 revised permit proposes
additional flexibility to allow representative outfall status (ROS) specifically for
qualitative monitoring (not just for analytical monitoring) without the requirement to
qualitatively monitor all outfalls at least annually.
Mine dewatering activities that have the potential to drain wetlands or other surface
waters must have secured and implemented a Pumping Operation and Monitoring
(POM) Plan approved by the Division. The draft revised general permit maintains this
requirement (just revises the acronym). At the Division's discretion, approval of a POM
Plan may be required prior to coverage under this General Permit.
S. COMPLIANCE SCHEDULE
The proposed compliance schedule in Part V, Section A was modified to address facilities
that are renewing coverage under this new permit, and to reduce the time period for
SPPP development at existing facilities applying for first-time coverage (from 12
months to 6 months). The permittee is required to comply with Limitations and Controls
specified for stormwater discharges in accordance with the following schedule:
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Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 6 months of the
effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this general permit, shall be
accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part II, Section A, Paragraph 2(b) 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 SPPP
elements in this permit renewal) shall become effective immediately upon issuance of the Certificate
of Coverage. New elements of the Stormwater Pollution Prevention Plan for this permit renewal
shall be developed and implemented within 6 months of the effective date of this general permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part III, Paragraph
2(b) of this general permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
6. SPECIAL CONDITIONS WHICH WILL HAVE A SIGNIFICANT IMPACT ON THE
DISCHARGE
There are no proposed special conditions in this general permit. Part IV, Section F,
Paragraphs 1 and 2 are somewhat different from other general permits and require the
permittee to use BMPs to prevent contaminants from blasting from entering surface
waters, responsibly administer flocculants, and properly manage residuals from treatment
facilities.
7. BASIS FOR CONTROLS AND LIMITATIONS
Stormwater Discharges
The conditions of this draft 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 standard violation is occurring 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
proposed permit retains a set of requirements for developing and implementing
stormwater pollution prevention plans, and specific requirements for monitoring and
reporting on stormwater discharges.
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NCG020000 Fact Sheet - NC DENR June 5, 2015
The proposed permit conditions reflect the Environmental Protection Agency's (EPA) and
North Carolina's continued 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. The Division maintains the position that implementing
Best Management Practices (BMPs) and traditional stormwater management practices
which control the source of pollutants meets the definition of BAT and BCT. The proposed
permit conditions (for stormwater) 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 revised renewal permit are retained under the
authority of both of these regulatory provisions. The pollution prevention requirements
(BMP requirements) 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 this permit, are the best available of the
technologies economically achievable (or the equivalent BCT finding).
All facilities covered by this stormwater General Permit must prepare, retain, implement,
and (at a minimum of annually) update a stormwater pollution prevention plan (SPPP).
The term "pollution prevention" distinguishes this source reduction approach from
traditional pollution control measures that rely on end -of -pipe treatment to remove
pollutants in the discharges. The pollution prevention approach adopted in the SPPPs 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 those discharges from the facility.
The Division believes that it is not appropriate, at this time, to require a single set of
effluent limitations (for stormwater) or a single design or operational standard for all
facilities which discharge stormwater associated with industrial activity. The permit
instead establishes a framework for the development and implementation of a site -specific
SPPP. This framework provides flexibility to address the variable risk for pollutants in
stormwater discharges associated with the industrial activities from this industry sector,
while ensuring procedures to prevent stormwater pollution at a 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 also allows flexibility to
establish controls to address varying sources of pollutants at different facilities.
There has been no significant change to this rationale since the previous general
permit.
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NCG020000 Fact Sheet - NC DENR
June 5, 2015
Stormwater Benchmarks
The total suspended solids (TSS) benchmark of 100 mg/1 is based on the median
concentration derived from the National Urban Runoff Program (NURP) study in 1983 and
serves as a benchmark in 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 base value and was set to flag potential problems in discharges to waters
with much lower Water Quality Standards for TSS concentrations (20 mg/1 for HQW and
ORW; 10 mg/1 for trout and PNA waters). The settleable solids (SS) benchmark of 0.1
ml/1 is carried over from the previous permit's benchmark and serves as a trigger for
assessing stormwater pollution from mining operations. That value is also the nominal
quantitation limit for Standard Method (SM) 2540F, approved for use under 40 CFR §136.
The revised draft permit does not contain turbidity benchmarks for stormwater
discharges; however, turbidity standard violations in receiving waters as a result of the
discharge(s) do prompt more frequent monitoring under Tier 2. (Essentially, any increase
in turbidity instream as a result of the discharge serves as the "benchmark.") Rationale for
this approach is based on the narrative standard for turbidity in 15A NCAC 02B .0211.
It's important to note that N.C.'s Water Quality Standard in 213.0200 (3)(k) includes the
following qualification: "Compliance with this turbidity standard can be met when land
management activities employ Best Management Practices (BMPs) [as defined by Rule
.0202 of this Section] recommended by the Designated Nonpoint Source Agency [as defined
by Rule .0202 of this Section]. BMPs must be in full compliance with all specifications
governing the proper design, installation, operation and maintenance of such BMPs". While
this reference is to non -point sources (separate from NPDES point sources such as those
regulated by this General Permit), DEMLR understands this allowance should be
considered in cases where stormwater discharges associated with mining activities have
elevated turbidity levels but all BMPs are performing adequately. This situation
underscores the importance of DEMLR coordination with the permittee under Tier 2
and/or Tier 3 status and with its partner Division, DWR.
The non -polar oil and grease (vehicle maintenance only) benchmark of 15 mg/1 has been
carried over from the previous permit cycle. The value is consistent with other states'
benchmarks and/or limits at the time it was introduced and reflects a value we would
associate only with significant oil contamination. See the Fact Sheet from the NCG02
General Permit renewal in 2009 for more details.
Wastewater Limitations
Authorization to discharge mine dewatering, process wastewater, and recycle system
overflows (from recycle systems that do not meet closed -loop recycle system design
criteria) is retained in this revised draft permit. Pollutants of concern include pH, TSS, and
turbidity. Fecal coliform must be monitored in discharges to shellfishing waters (Class
SA) only because of the stringent bacteriological standard that applies (14/100 ml MF
count fecal coliform) to protect for consumption of shellfish in North Carolina.
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NCG020000 Fact Sheet - NC DENR
June 5, 2015
The revised 2015 permit proposes removal of settleable solids (SS) monitoring and
limits for effluent discharges. Previous permits maintained the SS parameter and limits
based on North Carolina's 15A NCAC 213.0508 rule that includes this parameter for the
mining industry. However, 213.0508(b) allows the Director to waive or modify those
requirements to the extent that the Director determines to be appropriate. DEMLR
considered that SS measurements during the last permit cycle exceeded the monthly
average limit of 0.1 ml/L in less than 3% of measurements (Appendix B). Less than 1% of
SS measurements exceeded the daily maximum limit of 0.2 ml/L. With far fewer SS
limitation violations as compared to potential TSS limit violations (applicable to industrial
sand mines), DEMLR concluded that sufficient control of solids discharges from mining
activities can be achieved by measuring and responding to TSS limitations, and responding
to in -stream turbidity violations (measureable impacts, applicable to all dischargers).
The draft permit effluent limitations are based on Categorical Effluent Limitations and N.C.
Water Quality Standards. The pH limitations (range) are established in 40 CFR §436
(mineral mining guidelines) for the Crushed Stone, Construction Sand and Gravel,
Industrial Sand, and Phosphate Rock subcategories. Those limits also reflect N.C. Water
Quality Standards for pH range. The TSS limitations are established in the same federal
guidelines for the Industrial Sand and Phosphate Rock subcategories (25 mg/1 for sand is
the more stringent of the two). The federal regulations are adopted by reference in 15A
NCAC 213.0406(b). (Note: more stringent TSS limitations apply to the Graphite
Subcategory of 40 CFR §136, and such mines would not be eligible for coverage
under this General Permit. Also, phosphate rock mines would normally be covered by an
NPDES individual wastewater permit, e.g., PCS Phosphate in Aurora, NC.) More stringent
TSS average limits and total flow volume limits are based on N.C. Water Quality Standards
for high quality waters (HQW), trout, and primary nursery area (PNA) waters.
The draft permit maintains a limit on total volume of wastewater discharged to HQW
classified waters (50 percent of the 7Q10 flow), as mandated in the 15A NCAC 02B .0224
Rules. DEMLR recognizes that a 7Q10 cannot be calculated for tidally -influenced waters
and will continue to use best professional judgement to implement this provision on a case -
by -case basis.
The draft permit preserves the turbidity "effluent limitation" in the form of the N.C.
Water Quality Standard in 15A NCAC 213.0200 (the discharge shall not cause the turbidity
of the receiving waters to exceed Water Quality Standards, or to cause an increase in
natural background turbidity levels that are higher).
8. 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.
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NCG020000 Fact Sheet - NC DENR
June 5, 2015
9. 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 Permitting Program
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
The above documents are available for review and copying at:
Archdale Building, 9th Floor
DEMLR Stormwater Permitting Program
512 N. Salisbury Street
Raleigh, North Carolina
between the hours of 8:00 AM and 5:00 PM Monday through Friday. Copies will be
provided at a charge of 10 cents per page.
10. STATE CONTACT
Additional information about the draft permit may be obtained at the above address
between the hours of 8:00 AM and 5:00 PM Monday through Friday by contacting:
Bethany Georgoulias at [phone], or at bethany.georgouliasOncdenr.gov.
11. SCHEDULE OF PERMIT ISSUANCE
Draft Permit Public Notice - Statewide Notice published December 15, 2014;
Draft available on-line May 29, 2015
Comment Period Ends June 30, 2015
Permit Issue Date - Scheduled for July 15, 2015
Effective July 15, 2015
12. PROCEDURE FOR THE FORMULATION OF FINAL DETERMINATIONS
a. Comment Period
The Division of Energy, Mineral, and Land Resources proposes to issue the NPDES
General Permit for the above described stormwater discharges subject to the outlined
limitations, management practices, and conditions. These determinations are open to
comment from the public.
Interested persons are invited to submit written comments on the permit text or on the
Division's proposed determinations to the following address:
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NCG020000 Fact Sheet - NC DENR June 5, 2015
Stormwater Permitting Program
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Attn: Bethany Georgoulias
All comments received within thirty days following the date of public notice are
considered in the formulation of final determinations.
b. Public Meeting
The Director of the Division of Energy, Mineral, and Land Resources 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 Division's mailing list at least 30
days prior to the meeting.
c. Appeal Hearing
An applicant whose permit is denied, or is granted subject to conditions he deems
unacceptable, shall have the right to a hearing before the Commission upon making
written demand to the Office of Administrative Hearing 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 Division'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 the Division of Energy, Mineral, and Land Resources.
If a public meeting or appeal hearing is not held, but there have been substantial
changes, public notice of the Division'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 the
Division unless a public meeting or appeal hearing is granted.
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NCG020000 Fact Sheet - NC DENR June 5, 2015
APPENDIX A
Removal of Authorization to Construct (ATC) Requirements for
Industrial Treatment Excerpted from Session Law 2011-394
SECTION 9. G.S. 143-215.1 reads as rewritten (changes in highlight):
"§ 143-215.1. Control of sources of water pollution; permits required.
(a) Activities for Which Permits Required. — No Except as provided in subsection (a5) of this
section, no person shall do any of the following things or carry out any of the following activities
unless that person has received a permit from the Commission and has complied with all conditions
set forth in the permit:
(1) Make any outlets into the waters of the State.
(2) Construct or operate any sewer system, treatment works, or disposal system within the
State.
(3) Alter, extend, or change the construction or method of operation of any sewer system,
treatment works, or disposal system within the State.
(4) Increase the quantity of waste discharged through any outlet or processed in any treatment
works or disposal system to any extent that would result in any violation of the effluent
standards or limitations established for any point source or that would adversely affect the
condition of the receiving waters to the extent of violating any applicable standard.
(5) Change the nature of the waste discharged through any disposal system in any way that
would exceed the effluent standards or limitations established for any point source or that
would adversely affect the condition of the receiving waters in relation to any applicable
standards.
(6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner
intermixed with the waters of the State in violation of the water quality standards applicable
to the assigned classifications or in violation of any effluent standards or limitations
established for any point source, unless allowed as a condition of any permit, special order or
other appropriate instrument issued or entered into by the Commission under the provisions
of this Article.
(7) Cause or permit any wastes for which pretreatment is required by pretreatment standards
to be discharged, directly or indirectly, from a pretreatment facility to any disposal system or
to alter, extend or change the construction or method of operation or increase the quantity or
change the nature of the waste discharged from or processed in that facility.
(8) Enter into a contract for the construction and installation of any outlet, sewer system,
treatment works, pretreatment facility or disposal system or for the alteration or extension of
any such facility.
(9) Dispose of sludge resulting from the operation of a treatment works, including the
removal of in -place sewage sludge from one location and its deposit at another location,
consistent with the requirement of the Resource Conservation and Recovery Act and
regulations promulgated pursuant thereto.
(10) Cause or permit any pollutant to enter into a defined managed area of the State's waters
for the maintenance or production of harvestable freshwater, estuarine, or marine plants or
animals.
(11) Cause or permit discharges regulated under G.S. 143-214.7 that result in water pollution.
(12) Construct or operate an animal waste management system, as defined in G.S. 143-
215.1013, without obtaining a permit under either this Part or Part 1 A of this Article.
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NCG020000 Fact Sheet - NC DENR June 5, 2015
(a I) In the event that both effluent standards or limitations and classifications and water quality
standards are applicable to any point source or sources and to the waters to which they discharge, the
more stringent among the standards established by the Commission shall be applicable and
controlling.
(a2) No permit shall be granted for the disposal of waste in waters classified as sources of public
water supply where the head of the agency that administers the public water supply program pursuant
to Article 10 of Chapter 130A of the General Statutes, after review of the plans and specifications for
the proposed disposal facility, determines and advises the Commission that any outlet for the disposal
of waste is, or would be, sufficiently close to the intake works or proposed intake works of a public
water supply as to have an adverse effect on the public health.
(0) If the Commission denies an application for a permit, the Commission shall state in writing the
reason for the denial and shall also state the Commission's estimate of the changes in the applicant's
proposed activities or plans that would be required in order that the applicant may obtain a permit.
(a4) The Department shall regulate wastewater systems under rules adopted by the Commission for
Public Health pursuant to Article 11 of Chapter 130A of the General Statutes except as otherwise
provided in this subsection. No permit shall be required under this section for a wastewater system
regulated under Article 11 of Chapter 130A of the General Statutes. The following wastewater
systems shall be regulated by the Department under rules adopted by the Commission:
(1) Wastewater systems designed to discharge effluent to the land surface or surface waters.
(2) Wastewater systems designed for groundwater remediation, groundwater injection, or
landfill leachate collection and disposal.
(3) Wastewater systems designed for the complete recycle or reuse of industrial process
wastewater.
(a5) No permit shall be required to enter into a contract for the construction, installation, or
alteration of any treatment works or disposal system or to construct, install, or alter any treatment
works or disposal system within the State when the system's or work's principle function is to
conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from
an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit
issued for the discharge of the industrial waste or sewage into the waters of the State.
Notwithstanding the above, the permit issued for the discharge may be modified if required by
federal regulation.
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NCG020000 Fact Sheet - NC DENR
June 5, 2015
APPENDIX B
NCG020000 DATA SUMMARY (2010-2014)
*In the table below, the number of measurements is artificially larger in some cases as a
result of data entries for turbidity up- and downstream corresponding to a single discharge
sample from that date to be entered twice into the spreadsheet. For example, removing
duplicate values showed settleable solids values exceeded the 0.1 ml/L wastewater limit in
30 instances, not 33. This issue, along with typographical errors in data entry, created
significant challenges to interpreting data. Also note that the TSS values reported in excess
of 25 mg/L and 45 mg/L may not be exceedances for most of the industry subsectors
required to monitor for that parameter under this General Permit because no limitation is
assigned to those subsectors.
Stormwater, self -reporting data for the period 2010 - 2014
Parameter
Count of
Percentage
Reported
Benchmark
Exceedances*
Range
TSS
81/1093
7.4%
0 - 4337 mg/L
100 mg/L
50 mg/L (ORW, HQW, Tr,
PNA
Turbidity
199/1082 > 50 NTU
18%
0 - 3410 NTU
N/A (Instream standard
applies:
50 NTU
25 NTU lakes/saltwaters
10 NTU Tr waters)
Settleable
41/912
4%
<0.1 - 12 ml/L
0.1 ml/L
Solids
VMA TPH
4 measurements
6- 16 m L
15 m L
VMA TSS
12 176
7%
1- 2100 m L
100 m L
VMA pH
4/193
2%
5.6 - 8.7 std units
6 - 9 std units
New Motor
82/126 reports
55 gal/mo (Permit
oil usage
trigger)
Permitees
64412076 - Yes
31 %
In Tier 2
143212076 -No
69%
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NCG020000 Fact Sheet - NC DENR
June 5, 2015
APPENDIX B
NCG020000 DATA SUMMARY (2010-2014), cont.
Wastewater, self -reporting data for the period 2010 - 2014
Parameter
Count of
Percentage
Reported Range
Limitation
Exceedances*
TSS
74/1428 > 45 mg/L
5%
0 - 2100 mg/L
25/45 mg/L max
153/1428 > 25 mg/L
11%
(20145 mg/L limits apply
to HQW, but discharges to
those waters were not
distinguishable in this
anal sis.
Turbidity
53/1519 > 50 NTU
3%
0 - 2000 NTU
N/A (in -stream standard
applies)
Settleable
33/1213
3%
0 - 7.6 ml/L
0.1 ml/L
Solids
9/1213 (7 reported
<1%
0.2 ml/L
TSS>25 mg/1 also
pH
34/1524
2%
2.6 - 12.9 std
6 - 9 std units
(2 values pH>9
units
32 values H<6
Fecal
9 measurements from
9 -124
Just monitor; required for
coliform
6 permittees
col 100mL
SA waters
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