NCG060000_Fact Sheet to Public Notice_20210517

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG060000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
2021 — 2026 Permit Term
1. TYPES OF DISCHARGES COVERED
a. Industrial Activities Covered by this General Permit
Coverage under this General Permit is applicable to:
♦ All owners or operators of stormwater point source discharges associated with activities
classified as establishments primarily engaged in:
■ Food and Kindred Products [standard industrial classification (SIC) 20],
■ Tobacco Products (SIC 21),
■ Soaps, Detergents and Cleaning Preparations, Perfumes, Cosmetics and Other Toilet
Preparations (SIC 284),
■ Drugs (SIC 283), and
■ Public Warehousing and Storage (SIC 4221-4225).
♦ 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.
♦ Facilities engaged in certain biogas recovery operations using anaerobic digesters to capture
methane from wastes from covered activities.
b. Types of Operations Covered
Major Group 20: Food and Kindred
This major group includes establishments manufacturing or processing foods and beverages for
human consumption, and certain related products, such as manufactured ice, chewing gum,
vegetable and animal fats and oils, and prepared feeds for animals and fowls. Products
described as dietetic are classified in the same manner as non -dietetic products (e.g., as candy,
canned fruits, cookies). Chemical sweeteners are classified in Major Group 28.
Major Group 21: Tobacco Products
This major group includes establishments engaged in manufacturing cigarettes, cigars, smoking
and chewing tobacco, snuff, and reconstituted tobacco and in stemming and redrying tobacco.
Also included in this major group is the manufacture of non -tobacco cigarettes. The
manufacture of insecticides from tobacco by-products is included in Major Group 28.
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NCG060000 Fact Sheet — NC DEQ
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2841 Soap and Other Detergents, Except Specialty Cleaners
Establishments primarily engaged in manufacturing soap, synthetic organic detergents,
inorganic alkaline detergents, or any combination thereof, and establishments producing crude
and refined glycerin from vegetable and animal fats and oils. Establishments primarily engaged
in manufacturing shampoos or shaving products, whether from soap or synthetic detergents,
are classified in Industry 2844; and those manufacturing synthetic glycerin are classified in
Industry 2869.
2842 Specialty Cleaning, Polishing, and Sanitation Preparations
Establishments primarily engaged in manufacturing furniture, metal, and other polishes; waxes
and dressings for fabricated leather and other materials; household, institutional, and industrial
plant disinfectants; nonpersonal deodorants; drycleaning preparations; household bleaches;
and other sanitation preparations. Establishments primarily engaged in manufacturing
industrial bleaches are classified in Industry 2819, and those manufacturing household
pesticidal preparations are classified in Industry 2879.
2843 Surface Active Agents, Finishing Agents, Sulfonated Oils, and Assistants
Establishments primarily engaged in producing surface active preparations for use as wetting
agents, emulsifiers, and penetrants. Establishments engaged in producing sulfonated oils and
fats and related products are also included.
2844 Perfumes, Cosmetics, and Other Toilet Preparations
Establishments primarily engaged in manufacturing perfumes (natural and synthetic),
cosmetics, and other toilet preparations. This industry also includes establishments primarily
engaged in blending and compounding perfume bases; and those manufacturing shampoos and
shaving products, whether from soap or synthetic detergents. Establishments primarily
engaged in manufacturing synthetic perfume and flavoring materials are classified in Industry
2869, and those manufacturing essential oils are classified in Industry 2899.
2833 Medicinal Chemicals and Botanical Products
Establishments primarily engaged in: (1) manufacturing bulk organic and inorganic medicinal
chemicals and their derivatives and (2) processing (grading, grinding, and milling) bulk
botanical drugs and herbs. Included in this industry are establishments primarily engaged in
manufacturing agar -agar and similar products of natural origin, endocrine products,
manufacturing or isolating basic vitamins, and isolating active medicinal principals such as
alkaloids from botanical drugs and herbs.
2834 Pharmaceutical Preparations
Establishments primarily engaged in manufacturing, fabricating, or processing drugs in
pharmaceutical preparations for human or veterinary use. The greater part of the products of
these establishments are finished in the form intended for final consumption, such as ampoules,
tablets, capsules, vials, ointments, medicinal powders, solutions, and suspensions. Products of
this industry consist of two important lines, namely: (1) pharmaceutical preparations promoted
primarily to the dental, medical, or veterinary professions, and (2) pharmaceutical preparations
promoted primarily to the public.
2835 In Vitro and In Vivo Diagnostic Substances
Establishments primarily engaged in manufacturing in vitro and in vivo diagnostic substances,
whether or not packaged for retail sale. These materials are chemical, biological, or radioactive
substances used in diagnosing or monitoring the state of human or veterinary health by
identifying and measuring normal or abnormal constituents of body fluids or tissues.
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2836 Biological Products, Except Diagnostic Substances
Establishments primarily engaged in the production of bacterial and virus vaccines, toxoids,
and analogous products (such as allergenic extracts), serums, plasmas, and other blood
derivatives for human or veterinary use, other than in vitro and in vivo diagnostic substances.
Included in this industry are establishments primarily engaged in the production of
microbiological products for other uses. Establishments primarily engaged in manufacturing in
vitro and in vivo diagnostic substances are classified in Industry 2835.
4221 Farm Product Warehousing and Storage
Establishments primarily engaged in the warehousing and storage of farm products.
Establishments primarily engaged in refrigerated warehousing are classified in Industry 4222.
4222 Refrigerated Warehousing and Storage
Establishments primarily engaged in the warehousing and storage of perishable goods under
refrigeration. The establishments may also rent locker space for the storage of food products
for individual households and provide incidental services for processing, preparing, or
packaging such food for storage. Establishments primarily selling frozen foods for home
freezers (freezer and locker meat provisioners) are classified in Retail Trade, Industry 5421.
4225 General Warehousing and Storage
Establishments primarily engaged in the warehousing and storage of a general line of goods.
The warehousing of goods at foreign trade zones is classified in Industry 4226. Field
warehousing is classified in Services, Industry 7389.
(From http://www.osha.gov/)
c. Characteristics of Discharged Stormwater
Typical Food and Kindred products processing facilities do not conduct many processing
operations outdoors. The nature of the business, and the required sanitary conditions, require
that raw materials through final product be protected from stormwater. As such, the
contamination of stormwater from this sector is primarily from the loading and unloading of
products and raw materials, spillage and leaks from tanks and containers stored outdoors,
waste management practices, pest control, and improper connections to the storm sewer. Such
facilities generally do not have emissions from stacks. Storage of raw materials, intermediate
products, or chemicals does not typically occur outside. Production of significant emissions
from stacks or air exhaust systems are not a part of the manufacturing process at these
facilities. The use of un-housed manufacturing and heavy industrial equipment is minimal.
Because of the processes and materials used at these plants, significant amounts of fugitive dust
or particulate are not generated. In addition, most facilities in these categories do not use
hazardous materials or chemicals. Some food processing facilities use solvents such as hexane,
methyl ethyl ketone, and methylene chloride for extraction and leaching operations. However,
extraction and leaching operations are expected to be performed indoors.
Those industries involved in the manufacture of soap, detergents, cleaning preparations,
perfumes, cosmetics and other toilet preparations may conduct some portion of their
operations outdoors. They may be expected to have process and manufacturing equipment that
is exposed to the environment. Other common sources of stormwater contamination are
outside storage facilities such as tanks and chemical and material conveyance systems which
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NCG060000 Fact Sheet — NC DEQ
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release pollutants as a result of leaking pump seals or piping and spills. However, their activity
is closely related to the activities involved in the food, tobacco, and drugs industries.
Establishments that are involved in public warehousing and storage are most often conducting
their activities in indoor locations. These activities include such operations as farm product
warehousing and storage (bean elevators, grain elevators, potato cellars and tobacco
warehousing, etc.) and refrigerated warehousing and storage (cheese warehouses, cod storage
locker rental, storage or warehousing of frozen or refrigerated goods, self -storage warehousing,
etc.). Storage of raw materials, intermediate products, final products, by-products, waste
products, and chemicals generally does not occur outside. Production of significant emissions
from stacks or air exhaust systems will not be a part of the warehousing and storage activities.
The use of un-housed manufacturing and heavy industrial equipment will not typically occur at
these facilities. Significant amounts of dust or particulate are not generated at these facilities.
This renewal permit proposed the same parameters be monitored in stormwater discharges as
in the previous permit. The decision to retain parameters was based on their continued
usefulness as stormwater pollution indicators for these industry types —especially within the
monitoring scheme and tiered responses continued by this renewal permit.
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 US 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. DISCHARGE CONTROLS AND LIMITATIONS
The renewal permit maintains benchmark concentrations to provide facilities a tool with which to
assess the effectiveness of best management practices (BMPs). These benchmark concentrations
are not effluent limits, but provide guidelines for the facility's Stormwater Pollution Prevention
Plan. Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater BMPs in a tiered program.
3. MONITORING AND REPORTING REQUIREMENTS
This permit specifies monitoring and reporting requirements for both quantitative and qualitative
assessment of the stormwater discharges and operational inspections of the entire facility.
Pollutant parameters and sampling frequency are based on the industrial activity performed at
subject facilities, and on the potential for contamination of the stormwater runoff from those
facilities. Qualitative parameters are consistent with other general permits in the NPDES
stormwater program.
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The renewal permit retains the term "measurable storm event." A measurable storm event is an
event that results in an actual discharge. To qualify as a measurable storm event, the previous
storm event must have been at least 72 hours prior.
The renewal permit requires the permittee to separate sampling events by a minimum of 30 days,
rather than the 60 days required by the previous permit. This is due to the new requirement of
quarterly monitoring, rather than semi-annual monitoring.
4. COMPLIANCE SCHEDULE
The compliance schedule in Part I still advises that the permittee comply with Limitations and
Controls specified for stormwater discharges in accordance with the following schedule:
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
(a) Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of
the effective date of the Certificate of Coverage and updated thereafter on an annual basis.
Secondary containment, as specified in Part B-9 of this General Permit, shall be accomplished
within 12 months of the effective date of the issuance of the Certificate of Coverage.
(b) 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 B of this General Permit shall be accomplished prior to the beginning of
discharges from the operation of the industrial activity.
(c) 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
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 B of this General Permit shall be accomplished prior to the beginning of discharges from
the operation of the industrial activity.
5. SPECIAL CONDITIONS WHICH WILL HAVE A SIGNIFICANT IMPACT ON THE
DISCHARGE
Part F addresses electronic reporting requirements mandated by the federal NPDES Electronic
Reporting Rule. When the agency's electronic reporting system is able to accept NPDES stormwater
permit monitoring data, the permittee must report discharge monitoring data electronically using
NC Division of Water Resources' Electronic Discharge Monitoring Report (eDMR) internet
application. NC DEMLR will notify permittees when eDMR is ready to accept data.
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6. BASIS FOR CONTROLS AND LIMITATIONS
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 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), the permit retains a set of requirements for developing and implementing stormwater
pollution prevention plans, 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 the Division'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 this general 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. 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 stormwater pollution prevention plans in the
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 this permit.
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NCG060000 Fact Sheet — NC DEQ 2021-2026 Permit Term
The Division 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 site -specific stormwater pollution prevention plans. 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.
There has been no significant change to this rationale since the previous general permit
NCG06.
Stormwater Benchmarks
The pH benchmark range of 6.0 - 9.0 standard units is based on N.C. Water Quality Standards in
15A NCAC 02B .0211 and is consistent with other renewed general stormwater permits.
The standard Total Suspended Solids (TSS) benchmark of 100 mg/L is based on the median
concentration derived from the National Urban Runoff Program (NURP) study in 1983 and serves
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/L reflects half
that standard value and was set to flag potential problems in discharges to waters with much lower
water quality standards for TSS concentrations (20 mg/L for HQW and ORW; 10 mg/L for trout and
PNA waters).
The benchmark for Chemical Oxygen Demand (COD) remains at 120 mg/L. This benchmark was
set using best professional judgement. Generally, COD is found at levels four times the BODs levels
in domestic wastewaters.
The Oil & Grease benchmark of 30 mg/L is based on best professional judgement and reflects
typical wastewater limits.
The benchmark for Non -Polar Oil and Grease, or TPH, [EPA Method 1664 (SGT-HEM)] remains
at 15 mg/L. The TPH benchmark is consistent with other States' benchmarks and/or limits. We
would only expect in discharges associated with significant oil contamination to exceed this
benchmark.
The benchmark for Fecal Coliform is 1000 col/100ml. This value is based on BPJ and was
consistent with the maximum (one -sample) threshold specified in Virginia's older Water Quality
Standards. The N.C. Water Quality Standard (for all Class C waters, based on human health) says
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
values practical for a stormwater benchmark. In addition, the N.C. Standard, 213.0211, specifies
that violations of that standard "are expected during rainfall events." The most recent N.C. Water
Quality Standard maintains the fecal coliform indicator for freshwaters. If sampling is necessary,
monthly sampling is recommended in order to yield statistically significant results. Consider
comparing the Benchmark Guidance Value to a geometric mean of at least 10 samples.
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The benchmark for Enterococci is 500 enterococcus/100 ml. This was set using EPA's 1986
Ambient Water Quality Criteria for Bacteria. However, the data supporting this value was collected
through non-traditional means. Many people who had been exposed to waters with varying
enterococcus levels were interviewed several days after exposure. Though this method was an
attempt to determine an appropriate value, North Carolina still considers this value to be BPJ.
However, this value represents a single -sample maximum for saltwaters, and therefore if
enterococcus sampling is necessary, compliance can be determined by a single sample (or by two
annual samples as is typical for stormwater permitting), rather than by multiple samples to ensure
statistical significance. (Note, Rules 15A NCAC 02B .0220 and .0222 were amended on May 1, 2007
to reflect the new standard of 35 enterococci per 100 ml, based on a minimum of five samples
within any consecutive 30 days.)
7. 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.
8. THE ADMINISTRATIVE RECORD
The administrative record, including application, draft permit, 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
Due to the COVID-19 pandemic, visitors are not currently allowed at DEMLR offices. However,
electronic copies of the documents listed above are available on our Laserfiche online repository, or
by emailing [e-mail].
9. STATE CONTACT
Additional information about the draft and final permit may be obtained between the hours of 8:00
AM and 5:00 PM Monday through Friday by contacting Alaina Morman at
[e-mail].
10. SCHEDULE OF PERMIT ISSUANCE
Draft Permit Public Notice - Statewide Notice to publish: May 17, 2021
Draft available on-line: May 17, 2021
Comment Period Ends: June 16, 2021
Permit Scheduled to Issue - No later than: July 1, 2021
Effective: July 1, 2021
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NCG060000 Fact Sheet — NC DEQ 2021-2026 Permit Term
11. PROCEDURE FOR THE FORMULATION OF FINAL DETERMINATIONS
a. Comment Period
The Division of Energy, Mineral, and Land Resources proposes to issue an NPDES General
Permit for the above described stormwater discharges subject to the outlined benchmark
concentrations, management practices, and special conditions. These determinations are open
to comment from the public.
Interested persons are invited to submit written comments on the permit applications or on the
Division of Energy, Mineral, and Land Resources' proposed determinations to the following
address:
Stormwater Program
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Attn: Alaina Morman
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 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 and on the Division's website.
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 (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
Division of Energy, Mineral, and Land Resources' 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 of Energy, Mineral, and Land Resources' 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 of Energy, Mineral, and Land Resources unless a public meeting or appeal hearing is
granted.
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