NCG090000_Fact Sheet to Public Notice_20210517

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG090000
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 applies to all owners or operators of stormwater point
source discharges associated with activities from establishments primarily engaged in:
• Paints, Varnishes, Lacquers, Enamels, and Allied Products [standard industrial
classification (SIC) 285]
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
The "Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Allied Products"
category includes facilities primarily involved in the manufacturing of paints (in paste and
ready -mix form); varnishes; lacquers; enamels and shellacs; putties, wood fillers, and sealers;
paint and varnish removers; paint brush cleaners; and allied paint products.
When viewed as a class, many of the facilities in this General Permit typically purchase
feedstock which is made into various surface coating products using an entirely physical
process (no chemical conversions take place) that involves mixing, grinding, as well as other
operations. However, the potential for exposure of toxic constituents at these facilities exists
especially at locations such as shipping and receiving areas, areas used to store empty drums,
and outside bulk chemical storage areas. Chemical spills are not an uncommon occurrence at
these facilities. Pollutant parameters of particular concern in these industries can be broadly
categorized as conventional pollutants, heavy metals, and volatile organic compounds.
c. 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.
d. Receiving Waters
Receiving waters include all surface waters of North Carolina or municipal separate storm
sewer systems (MS4s) conveying stormwater to surface waters.
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NCG090000 Fact Sheet - NC DEQ 2021-2026 Permit Term
2. PROPOSED DISCHARGE CONTROLS AND LIMITATIONS
a. Stormwater Discharge Analytical Monitoring
The decision to retain parameters from the previous permit is based on their continued
usefulness as stormwater pollution indicators for these industry types.
b. Qualitative Monitoring ofStormwater Discharges
The renewal permit also maintains the qualitative monitoring requirements for all SDOs
associated with industrial activity. However, unlike in previous versions where qualitative
monitoring was required regardless of representative outfall status, the permittee may receive
ROS specifically for visual monitoring.
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."
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 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
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NCG090000 Fact Sheet - NC DEQ 2021-2026 Permit Term
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.
S. SPECIAL CONDITIONS WHICH WILL HAVE A SIGNIFICANT IMPACT ON THE DISCHARGE
The renewal permit adds Special Conditions in Part F 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 in this fact sheet for controlling pollutants in stormwater
discharges associated with the activities as described in Item 1 (Types of Discharge Covered), this
permit retains a set of requirements for developing and implementing SWPPPs, and specific
requirements for monitoring and reporting on stormwater discharges.
The permit conditions reflect the Environmental Protection Agency's (EPA) and North Carolina's
pollution prevention approach to stormwater permitting. The quality of the stormwater discharge
associated with an industrial activity will depend on the availability of pollutant sources. This
renewal permit still reflects the Division's position that implementation of SCMs 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.
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NCG090000 Fact Sheet - NC DEQ 2021-2026 Permit Term
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 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
NCG09.
Stormwater 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 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 CRW, HQW, trout, and primary nursery area (PNA) waters of 50 mg/L reflects half
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NCG090000 Fact Sheet - NC DEQ 2021-2026 Permit Term
that standard value and was set to flag potential problems in discharges to waters with much lower
water quality standards for TSS concentrations.
The benchmarks for the toxic heavy metals cadmium, chromium, and lead remain the same as in
the previous version of the permit. For cadmium the benchmark is 0.002 mg/L for trout waters and
0.003 mg/L for all other waters. For chromium, the benchmark is 0.905 mg/L for freshwater and
there is no benchmark for saltwater. For Lead, the benchmark is 0.075 mg/L for freshwater and
0.22 mg/L for saltwater.
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 renewal permit may be obtained between the hours of 8:00 AM
and 5:00 PM Monday through Friday by contacting Michael Meloy 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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NCG090000 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. These determinations are open to
comment from the public.
Interested persons are invited to submit written comments on the renewal permit 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
Attn: Michael Meloy
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
OR: [e-mail]
All comments received within thirty (30) days following the date of public notice are considered
in the formulation of final determinations.
b. Public Meeting
The Director 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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