NCG120000_Fact Sheet to Public Notice_20210517

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG120000
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 establishments primarily engaged in activities classified as
the wholesale trade of:
• Activities categorized as landfills, including construction and demolition debris
landfills, which are permitted by the North Carolina Division of Water Management
under the provisions and requirements of North Carolina General Statute 130A-294.
Coverage is also applicable 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 landfills category includes facilities primarily engaged in receiving and disposing of waste
and debris, including municipal solid waste, industrial waste, construction and demolition
waste, land -clearing waste, scrap tires, medical waste, compost and septage. The operations of a
landfill can include receiving solid waste, staging, size reduction, separation, placing,
compaction, excavation, loading, hauling, filling, covering, leachate management, vehicle
maintenance, vehicle fueling, and vehicle and equipment cleaning.
Nearly all landfills and much of the material that is deposited in landfills are exposed to
stormwater. Stormwater can either run off the facility to surface waters or infiltrate through the
landfill, and contaminate groundwater with leachate. In addition, landfill activities often include
large scale excavation, grading, and importation of soil or other cover material, which provides
significant erosion potential.
C. Characteristics of Discharged Stormwater
Stormwater discharged from a landfill can contain many different types of pollutants,
depending on the materials deposited and the degree to which best management practices are
implemented. Runoff from landfills can contain solids and floatables, pathogens, nutrients, and
other pollutants. High sediment loading is common due to the large scale movement of soil and
the potential for erosion. The vehicles and equipment can also contribute oils, lubricants, and
other fluids.
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The draft renewal permit maintains the requirement for qualitative and analytical monitoring
of all stormwater discharges associated with this industrial activity, including stormwater
discharges from on -site vehicle and equipment maintenance activities (VMA). These parameters
continue to be useful as the standard stormwater pollution indicators for VMA from this
industrial sector.
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. PROPOSED DISCHARGE CONTROLS AND LIMITATIONS
a. Stormwater Pollution Prevention Plan
In accordance with the proposed Part B of the NCG120000 General Permit, a Stormwater Pollution
Prevention Plan (SWPPP) shall be developed and maintained on site. This requirement has been
added due to the SWPPP's ability to significantly impact water quality by requiring employee
training, the development of a good housekeeping program, and spill response procedures, to name
a few. The SWPPP requirements in the NCG12 are identical to those requirements in the majority
of General Industrial Stormwater Permits currently in affect.
b. Erosion and Sediment Control Plan
As in previous versions of this permit, permittees must submit an Erosion and Sediment Control
plan to the Division of Energy, Mineral, and Land Resources or an approved local program. The plan
must conform to the requirements of NC G.S. 113A-54.1 and the rules adopted by the North
Carolina Sedimentation Control Commission. The permittee must then implement the plan as
approved and maintain a signed copy of the plan on site at all times.
c. Secondary Containment Requirements
As in previous versions of this permit, secondary containment is required for bulk storage of liquid
materials including petroleum products, storage in any amount of water priority chemicals
pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act, and
storage in any amount of hazardous substances. Permittees are required to maintain a table or
summary of all such tanks, stored materials, and their associated secondary containment areas. At a
minimum, visual observations of any stormwater that accumulates in secondary containment areas
are required, and records must be kept of the individual observing the stormwater, a description of
the stormwater, and the date and time of the release of the stormwater.
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NCG120000 Fact Sheet - NC DEQ April 29, 2021
d. Stormwater 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, keep records of
the monitoring results and permittee's response actions, and report the monitoring results to
DEMLR.
e. Stormwater Discharges from Vehicle Maintenance Areas
As in previous versions of this General Permit, permittees must perform analytical monitoring on
stormwater discharges from vehicle maintenance areas (VMA). This renewal permit maintains
benchmark concentrations for stormwater discharges from VMA to provide facilities with a tool
with which to assess the effectiveness of best management practices (BMPs).
f. 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.
g. Numerical Benchmark and Tiered Responses
As in previous versions 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. 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 to be a violation. In that context, the benchmark value
is not a numerical "permit limit", but rather could be viewed as 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.
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. Specific
pollutant parameters and the frequency of the sampling are based on the types of materials used,
stored, and transferred at these sites, and on the potential for contamination of the stormwater
runoff from these 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:
chemical oxygen demand (COD), fecal coliform, and total suspended solids (TSS). In addition,
qualifying discharges from vehicle maintenance areas will be analyzed for pH, non -polar oil and
grease [by EPA Method 1664 (SGT-HEM)], and TSS, based on the amount of motor oil/hydraulic oil
usage (more than 55 gallons of new motor oil and/or hydraulic oil per month when averaged over
the calendar year). The rationale for retaining these parameters in the renewal permit is their
utility as stormwater pollution indicators for vehicle maintenance areas.
The draft renewal permit retains the term "measurable storm event." 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, the previous storm event must have
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been at least 72 hours prior. In 2011, the NCG140000 Ready -Mixed Concrete General Permit was
the first general permit to implement this new storm event definition, and other general permits
have since followed suit. The proposed draft also maintains the requirement to separate semi-
annual sampling events by a minimum of 60 days.
As before, the renewal permit specifies qualitative (visual) monitoring of each stormwater outfall
for the purpose of evaluating the effectiveness of the BMPs, assessing new sources of stormwater
pollution, and prompting the permittee's response to pollution. Permittee's are required to perform
semi-annual qualitative monitoring under the proposed renewal permit. 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
any analytic sampling event.
The draft permit maintains specific direction to the permittee about how to respond to qualitative
monitoring. If qualitative monitoring indicates that existing stormwater 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 on site.
4. COMPLIANCE SCHEDULE
The compliance schedule in Part III, Section A still 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:
Secondary containment, as specified in Part J 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 and existing facilities previous
permitted and applying for renewal under this General Permit: All requirements,
conditions, limitations, and controls contained in this permit become effective immediately
upon issuance of the Certificate of Coverage.
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 F. that address
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.
Additionally, the proposed draft includes a Stormwater Pollution Prevention Plan requirement
which was not present in previous versions of the permit. Upon review, it was determined by staff
that the Stormwater Pollution Prevention Plan plays a vital role in protecting water quality and
increases permittee accountability.
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6. BASIS FOR CONTROLS AND LIMITATIONS
a. 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 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 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).
All facilities covered by this stormwater general permit must fully implement the
Sedimentation and Erosion Control Plan received from the Division of Energy, Mineral, and
Land Resources or an approved local program pursuant to the requirements of NC G.S.
113A-54.1 and in conformity with the rules adopted by the Sedimentation and Erosion
Control Commission.
Covered facilities must also fully implement the permit for a sanitary landfill from the NC
Division of Waste Management, pursuant to the requirements of NC G.S. 130A-294 and in
conformity with the rules adopted in 15A North Carolina Administrative Code, Subchapter
13B Section .0500. Deviation from the landfill permit, or approved amendment or revision
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of the landfill permit, shall constitute a violation of the terms and conditions of this general
permit. A signed copy of the landfill permit shall be maintained on the site at all times.
The EPA and NPDES States have, on a case -by -case basis, imposed BMP requirements in
NPDES permits. The EPA has also continued to review and evaluate case studies involving
the use of BMPs and the use of pollution prevention measures associated with spill
prevention and containment measures for oil. The development of the NPDES permit
application requirements for stormwater discharges associated with industrial activity
resulted from the evaluation and identification of the potential contaminants and the
resultant water quality impacts of stormwater discharges from industrial sites. Public
comments received during the rule making provided additional insight regarding
stormwater risk assessment, as well as appropriate pollution prevention and control
measures and strategies. During that time EPA again reviewed stormwater control
practices and measures. These experiences have shown the Division that pollution
prevention measures such as BMPs can be appropriately used and that permits containing
BMP requirements can effectively reduce pollutant discharges in a cost-effective manner.
BMP requirements are imposed in general permits in lieu of numeric effluent limitations
pursuant to 40 CFR 122.44(k)(2).
There has been no significant change to this rationale since the previous General Permit
NCG120000.
b. Stormwater Benchmarks
The "Non -polar O&G" [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 ORW, HQW, trout, and primary nursery area (PNA) waters of 50
mg/1 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 proposed pH benchmark range of between 6.0 and 9.0 standard units for discharges from
vehicle maintenance areas is based on N.C. Water Quality Standards in 15A NCAC 02B .0211
and is consistent with other renewed stormwater general permits.
The fecal coliform benchmark is set at 1000 count per 100ml. The N.C. Water Quality
Standard (for all Class C waters, based on human health) establishes 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 in -stream values
practical for a stormwater benchmark.
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The COD benchmark is set at 120 mg/L, consistent with all other stormwater General Permits
employing COD. COD is one measure of the organic pollutants in stormwater, and is generally
found at levels three to six times the BOD5 levels in domestic wastewaters. NC DWQ has
selected a multiplier of 4 in comparison to BOD. There has been no change to this benchmark
value since the 2007 permit.
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: July 1, 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.
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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
Attn: Alaina Morman
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
OR alaina.mormanOncdenr.gov
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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