NCG100000_Fact Sheet to Public Notice_20210517

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG100000
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 establishments engaged in operating activities
classified as Used Motor Vehicle parts [Standard Industrial Classification (SIC) 5015]
and Automobile Wrecking for Scrap (a portion of SIC 5093].
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. 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.
c. Receiving Waters
Receiving waters include all surface waters of North Carolina or municipal separate
storm sewer systems conveying stormwater to surface waters.
2. MONITORING 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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NCG100000 Fact Sheet - NC DEQ
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The draft renewal permit requires baseline sampling of all stormwater discharge outfalls
and/or authorized representative discharge outfalls. Grab samples shall be collected,
analyzed and reported for the parameters shown in the following table.
Parameter
FW BM
SW BM
Rational
mg/L
mg/L
Total Suspended Solids TSS
100
100
EPA MSGP recommended basic
indicator of SCM effectiveness
TSS (HQW, ORW, Tr, PNA)
50
50
Non -Polar Oil & Grease by EPA
15
15
Adopted in 2015, more specific
Method 1664 (SGT-HEM)
test for petroleum based oils
and greases
Chemical Oxygen Demand (COD)
120
120
EPA recommended basic
indicator of SCM effectiveness
pH
6-9
6-9
EPA recommended basic
indicator of SCM effectiveness
Lead, Total Recoverable (as Pb)
.075
.22
No FWBM change. SW BM= NC
CMC (acute dissolved SW Pb
standard, 0.210 mg/L)/EPA
translator 0.951
FW BM: Freshwater Benchmark
SW BM: Saltwater Benchmark
EPA: Environmental Protection Agency
MSGP: Multi Sector General Permit
SCM: Stormwater Control Measure
HQW: High Quality Waters
ORW: Outstanding Resource Waters
Tr: Trout Waters
PNA: Primary Nursery Area Waters
CMC: Criterion Maximum Concentration
The renewal permit maintains benchmark concentrations for stormwater discharges from
industrial site activities to provide facilities with 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 (SWPPP). 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.
The Environmental Protection Agency (EPA) 2021 Multi Sector General Permit (MSGP)
incorporates recommendations from a National Academies of Sciences, Engineering, and
Medicine (NAS) National Research Council (NRC) study. Some of these recommendations
have been included in this draft permit. Specifically, Total Suspended Solids (TSS), pH, and
Chemical Oxygen Demand (COD) are recommended as basic indicators of Stormwater
Control Measure (SCM) effectiveness. TSS and pH were in the previous permit, but COD
has been added to this permit. The MSGP has benchmark values, but NC benchmark values
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NCG100000 Fact Sheet - NC DEQ
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are typically used in permits. EPA's conversion factor (or translator) is sometimes also
used in calculating NC benchmarks as explained in the following paragraph.
Because of the sporadic nature of rainfall, DEQ considers acute (short-term) effects when
establishing stormwater benchmarks for metals. The benchmarks are derived from the US
EPA published dissolved National Recommended Water Quality Criteria (NRWQC) for
metals (where applicable) and translated into total recoverable metals as required by § 40
CFR 122.45(c). (Note that EPA and DEQ use the terms "total metal" and "total recoverable
metal" synonymously to refer to the metals solubilized by digestion with strong solutions of
mineral acids.) DEMLR Stormwater Program plans to publish a fact sheet about Calculation
of Stormwater Benchmarks that will provide more detailed information.
Total Rainfall (inches) will continue to be monitored. The total rainfall amount for each
sampling event shall be recorded in inches. Total rainfall shall be determined from an on -
site rain gauge or a regional rain gauge located within one (1) mile of the facility.
COD is a new analytical monitoring requirement. Total Toxic Organics (TTO) has been
removed. Review of several of the facilities with NCG10 permits indicated that only about
seven percent of the facilities are conducting TTO monitoring. The others certify that they
implement a Solvent Management Plan and this allows the TTO monitoring requirement to
be waived. Implementation of the Solvent Management Plan is now required.
Non -Polar Oil and Grease was incorporated as a standard monitoring parameter for all
SDOs, not just those with vehicle or equipment maintenance areas. With this change, we
have removed the separate monitoring requirements for outfalls only associated with
vehicle/equipment maintenance areas.
Because Non Polar Oil and Grease is required of NCG10 facilities independent of the vehicle
or equipment maintenance requirement, there is no longer a need to track the average
monthly usage of new motor and hydraulic oil for the facility
Monitoring frequency has increased from two to four times a year. Seasonal and weather
changes may impact the facility and its discharge. More frequent monitoring will better
represent the discharge throughout the entire year. Samples shall be collected four
separate monitoring periods per year. A minimum of thirty (30) days must separate
sampling events:
• January 1 — March 31
• April 1 — June 30
• July 1 — September 30.
• October 1 — December 31
Some parts of the Stormwater Pollution Prevention Plan (SWPPP) have been expanded
or modified. Please refer to the proposed draft General Permit NCG100000 for those
requirements.
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3. REPORTING REQUIREMENTS
a. Deadlines for Submitting Discharge Monitoring Reports
Discharge Monitoring Reports (DMRs) shall be submitted in accordance with following
table. For COCs issued between March 1-31, June 1-30, September 1-30 or Dec 1-31,
sampling shall not commence until the next sampling period following initial issuance
of the COC.
Monitoring Period
DMR Type
Deadline
Notes
Jul 1, 2021 - Sep 30, 2021
Paper'
30 Days after
the monitoring
The deadline to register in eDMR
g
period ends
is July 1, 2021
30 Days after
Oct 1, 2021 - Dec 31, 2021
Paper'
the monitoring
period ends
Jan 1, 2022 - Mar 30, 2022
Electronicz
30 Days after
the monitoring
The deadline to report in eDMR
period ends
is Jan 1, 022
30 Days after
April 1, 2022 - Jun 30, 2022
Electronicz
the monitoring
period ends
Jul 1 - 2022 - Sep 30, 2022
30 Days after
and all subsequent monitoring
Electronicz
the monitoring
periods
period ends
1. Paper See Submittal Process before eDMR.
2. Electronic — See Submittal Process after eDMR
b. Submittal Process before eDMR
Prior to eDMR, samples analyzed in accordance with the terms of General Permit shall
be reported as follows:
Sample results shall be recorded on Discharge Monitoring Report (DMR) forms that
are available on Division's website: deq.nc.gov/about/divisions/energy-mineral-
land-resources/npdes-industrial-stormwater.
• DMRs shall be signed and certified by a person meeting signatory requirements.
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NCG100000 Fact Sheet - NC DEQ
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• Original, signed DMR forms shall be scanned and uploaded to the electronic DMR
submittal form, which can be found at deq.nc.gov/SW-Industrial.
Original signed DMR Forms shall be mailed or otherwise delivered to the
appropriate Regional Office, which is indicated at: deq.nc.gov/contact/regional-
offices.
c. Submittal Process after eDMR
Unless otherwise informed by the Director, permittees shall register in eDMR prior to
July 1, 2021 and shall begin reporting discharge monitoring data using eDMR prior to
January 1, 2022. Information about eDMR can be found by typing
"https:_//deq.nc.gov/deq.nc.gov/sw-edmr" into a browser window and hitting "enter"
d. Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the
SDO Qualitative Monitoring Report form provided by the Division and shall retain the
completed forms on site. Qualitative monitoring results shall not be submitted to the
Division, except upon the Division's specific requirement to do so. Qualitative
Monitoring Report forms are available the Division's website
(https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-
stormwater-gps).
4. COMPLIANCE SCHEDULE
The compliance schedule in Part I, Section I-1 advises that the permittee comply with
Limitations and Controls specified for stormwater discharges in accordance with the
following schedule:
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, Section B-9 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 ollution
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, Section B-9 of this
general permit, shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
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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 six months of the effective date of this general
permit and updated thereafter on an annual basis. Secondary containment, as
specified in Part B, Section B-9 of this general permit, shall be accomplished prior to
the beginning of discharges from the operation of the industrial activity.
5. 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 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 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 these general permits, are the best available of
the technologies economically achievable (or the equivalent BCT finding).
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NCG100000 Fact Sheet - NC DEQ
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All facilities covered by this general permit must prepare, retain, implement, and (at a
minimum of annually) update a Stormwater Pollution Prevention Plan (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 NCG100000.
6. 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.
7. THE ADMINISTRATIVE RECORD
The public notice, containing the NCG19 draft renewal permit and fact sheet are available
at the NC Stormwater Program's Public Notice web site:
https://deq.nc.gov/about/divisions/energy-mineral-and-land-
resources/stormwater/stormwater-program/stormwater-public.
In addition, the historical record on the NCG10 permit is available at the Stormwater
Program Laserfiche Repository, which can be found at:
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NCG100000 Fact Sheet - NC DEQ
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https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=280110&dbid=0&repo=Water
Resources.
8. 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: Paul
Clark at [phone].
9. SCHEDULE OF PERMIT ISSUANCE
Draft Permit Public Notice - Statewide Notice to publish May 17, 2021;
Draft available on-line by May 17, 2 02 1;
Comment Period Ends June 16, 2021
Permit Scheduled to Issue - No later than June 30, 2021;
Effective July 1, 2021
10. 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
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Attn: Paul Clark
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
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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 they deem
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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