NCG080000_Fact Sheet to Public Notice_20210517

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG080000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
Permit No. NCG080000 Date: March 30, 2021
1. TYPES OF DISCHARGES COVERED
a. Industrial Activities Covered by this General Permit
Coverage under this general permit applies to all owners or operators of stormwater point
source discharges associated with activities classified as establishments primarily engaged in
the manufacture of Vehicle Maintenance Areas (including vehicle rehabilitation, mechanical
repairs, painting, fueling, lubrication, and equipment cleaning areas) associated with activities
classified as Rail Transportation [Standard Industrial Classification (SIC) 40], Local and
Suburban Transit and Interurban Highway Passenger Transportation (SIC 41), Motor
Freight Transportation and Warehousing (SIC 42), Postal Service (SIC 43), and Petroleum
Bulk Stations and Terminals (SIC 5171) with total petroleum storage capacity of less than 1
million gallons.
Coverage also applies to 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 major group includes establishments engaged in vehicle maintenance, transportation,
motor freight warehousing, postal service, and petroleum bulk stations and terminals. The
following types of operations are not covered: Maintenance areas classified as Water
Transportation (SIC 44), maintenance areas classified as Transportation by Air (SIC 45), wash
water from steam cleaning operations or other equipment cleaning operations, wastewater
discharges from oil water separators, and public Warehousing and Storage (SIC 4221-4225).
c. Characteristics of Discharged Stormwater
The draft renewal permit maintains the requirement for analytical and qualitative monitoring
of all stormwater discharges associated with industrial activity from vehicle and equipment
maintenance areas that use more than 55 gallons of new motor oil and/or hydraulic oil per
month when averaged over the calendar year. Permittees are required to perform analytical
monitoring for pH, total suspended solids (TSS), oil and grease (per EPA Method 1664 SGT-
HEM), oil usage, and total rainfall.
The draft renewal permit also maintains the same parameters be regularly monitored in
stormwater discharges from oil water separators and/or petroleum bulk stations and
terminals secondary containment areas. However, the parameters monitored in stormwater
discharge from these devices have associate limitations rather than benchmarks. If a facility
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exceeds a limitation, it is considered a violation of the terms of the permit. Note that
wastewater discharges from these devices are not permitted under this General Permit.
d. Geographic Area(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 (MS4s) conveying stormwater to surface waters.
2. PROPOSED DISCHARGE CONTROLS AND LIMITATIONS
a. Storm water Discharge Analytical Monitoring
As in previous versions of this permit, permittees must perform analytical monitoring on
stormwater discharges, respond to exceedances of numerical benchmark values through the
tiered response, keep records, and report results to DEMLR. However, the draft permit requires
that analytical monitoring be performed quarterly, rather than on a semi-annual basis.
b. Qualitative Monitoring of Stormwater Discharges
As in previous versions of this General Permit, the permittee must perform qualitative
monitoring at all stormwater outfalls. All permittees are subject to this permit requirement.
c. Numerical Benchmark and Tiered Responses
As in previous versions of this General Permit, the permittee must respond to benchmark
exceedances through the tiered response described in the draft permit. Exceedance of a
numerical benchmark is not considered a violation of the permit conditions, although failure to
respond as per the tiered response structure is considered a violation. In that context, the
benchmark value is not a numerical "permit limit." Four benchmark exceedances require the
permittee to notify the DEMLR Regional Office and may prompt additional requirements under
the provisions of Tier Three.
The discharge limitations for stormwater discharges from oil water separators and/or
petroleum bulk stations and terminals secondary containment areas are different from the
benchmarks described above. Exceedances of discharge limitations are considered a violation of
the permit.
Some parts of the Stormwater Pollution Prevention Plan (SWPPP) have been expanded or
modified. Please refer to the proposed draft General Permit NCG08 for those requirements.
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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.
The draft renewal permit proposes specific monitoring requirements for the following parameters:
pH, TSS, non -polar oil and grease [by EPA Method 1664 (SGT-HEM)], oil usage, and total
rainfall. The rationale for retaining these parameters in the renewal permit is their utility as
stormwater pollution indicators for the industrial activities covered under this General Permit.
The draft 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 proposed draft permit requires the permittee to separate semi-annual 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.
As before, the renewal permit specifies qualitative (visual) monitoring of each stormwater outfall
for the purpose of evaluating the effectiveness of the SWPPP and assessing new sources of
stormwater pollution. In cases where vehicle and equipment maintenance activities do not trigger
analytical monitoring, facilities will only be required to perform quarterly qualitative monitoring.
Qualitative monitoring parameters include color, odor, clarity, floating and suspended solids, foam,
oil sheen, and other obvious indicators of stormwater pollution. Qualitative monitoring should be
performed during analytical sampling events, if applicable.
The draft permit maintains specific direction to the permittee about how to respond to qualitative
monitoring. If qualitative monitoring indicates that existing stormwater Best Management Practices
(BMPs) are ineffective, or that significant stormwater contamination is present, the permittee must
investigate potential causes, evaluate the feasibility of corrective actions, and implement those
corrective actions within 60 days. A written record of the permittee's investigation, evaluation, and
response actions must be kept in the SWPPP.
4. COMPLIANCE SCHEDULE
The compliance schedule in Part J 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 (SWPPP) shall be developed and implemented within 6 months of the effective date of
the Certificate of Coverage (COC) and updated thereafter on an annual basis. Secondary containment, as
specified in Part B-10 of this General Permit, shall be accomplished within 12 months of the effective date of the
issuance of the COC.
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(b) New Facilities applying for coverage for the first time: The SWPPP shall be developed and implemented prior to
the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual
basis. Secondary containment, as specified in Part B-10 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 COC. New elements of the SWPPP 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-10 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
This draft general permit does not propose any special conditions that will have a significant impact
on the discharge. However, the proposed draft does add Special Conditions in Part G-9 that address
electronic reporting requirements mandated by the federal NPDES Electronic Reporting Rule.
When the agency's electronic reporting system can 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.
6. BASIS FOR CONTROLS AND LIMITATIONS
Stormwater Discharges
The conditions of this general permit have been designed using best professional judgment to
achieve water quality protection through compliance with the technology -based standards of the
Clean Water Act (Best Available Technology [BAT] and Best Conventional Pollutant Control
Technology [BCT]). Where the Director determines that a water quality violation has occurred and
water quality -based controls or effluent limitations are required to protect the receiving waters,
coverage under the general permit shall be terminated and an individual permit will be required.
Based on a consideration of the appropriate factors for BAT and BCT requirements, and a
consideration of the factors discussed below in this fact sheet for controlling pollutants in
stormwater discharges associated with the activities as described in Item 1 (Types of Discharge
Covered), this permit retains a set of requirements for developing and SWPPPs, and specific
requirements for monitoring and reporting on stormwater discharges.
The permit conditions reflect the Environmental Protection Agency's (EPA) and North Carolina's
pollution prevention approach to stormwater permitting. The quality of the stormwater discharge
associated with an industrial activity will depend on the availability of pollutant sources. This
renewal permit still reflects the Division's position that implementation of 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
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the renewal permit are retained under the authority of both regulatory provisions. The pollution
prevention requirements (BMP requirements) in this permit operate as limitations on effluent
discharges that reflect the application of BAT/BCT. The basis is that the BMPs identified require the
use of source control technologies which, in the context of these general permits, are the best
available of the technologies economically achievable (or the equivalent BCT finding).
All facilities covered by this general permit must prepare, retain, implement, and (at a minimum of
annually) update a SWPPP. The term "pollution prevention" distinguishes this source reduction
approach from traditional pollution control measures that typically rely on end -of -pipe treatment
to remove pollutants in the discharges. The plan requirements are based primarily on traditional
stormwater management, pollution prevention and BMP concepts, providing a flexible basis for
developing site -specific measures to minimize and control the amounts of pollutants that would
otherwise contaminate the stormwater runoff.
The pollution prevention approach adopted in the SWPPP in this renewal permit still focuses on
two major objectives: 1) to identify sources of pollution potentially affecting the quality of
stormwater discharges associated with industrial activity from the facility; and 2) to describe and
ensure that practices are implemented to minimize and control pollutants in stormwater
discharges associated with industrial activity from the facility and to ensure compliance with the
terms and conditions of the permit.
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 a site -specific SWPPP. This framework provides the necessary
flexibility to address the variable risk for pollutants in stormwater discharges associated with the
industrial activities that are addressed by this permit, while ensuring procedures to prevent
stormwater pollution at a given facility are appropriate given the processes employed, engineering
aspects, functions, costs of controls, location, and age of facility (as discussed in 40 CFR 125.3).This
approach allows flexibility to establish controls which can appropriately address different sources
of pollutants at different facilities.
There has been no significant change to this rationale since the previous General Permit
NCG08.
Storm water Benchmarks
The Non -polar Oil and Grease [by EPA Method 1664 (SGT-HEM)] benchmark of 15.0 mg/L is
consistent with other States' benchmarks and/or limits for total petroleum hydrocarbons (TPH)
and reflects a value normally only associated with significant oil contamination. Specifying the EPA
Method 1664 with the silica gel treatment step (SGT-HEM) in the permit ensures a cost-effective
way to estimate TPH (as opposed to gas chromatographic analysis).
The standard 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.
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The pH benchmark of 6-9 Standard Units (SU) is based on water quality standards.
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 permits, fact sheet, public notice, comments
received, and additional information is available by writing to:
Stormwater Program
Division of Energy, Mineral, and Land Resources (DEMLR)
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
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 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 by: May 17, 2021
Comment Period Ends: June 16, 2021
Permit Scheduled to Issue - No later than: June 30, 2021
Effective: July 1, 2021
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 effluent
limitations, 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
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NCG080000 Fact Sheet - NC DEQ March 5, 2021
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Attn: Alaina Morman
OR: [e-mail]
All comments received within thirty (30) days following the date of public notice are considered
in the formulation of final determinations.
b. Public Meeting
The Director 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 of Energy, Mineral, and Land Resources' mailing list at
least thirty (30) days prior to the meeting.
c. Appeal Hearing
An applicant whose permit is denied, or is granted subject to conditions 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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