Loading...
HomeMy WebLinkAboutNCG080923_Email RE NCG08 Monitoring Guidance for this Site_20211005Georgoulias, Bethany From: Georgoulias, Bethany Sent: Tuesday, October 5, 2021 5:58 PM To: BLAKE, Todd M. Subject: RE: [External] RE: Voicemail on NCG08 Questions (NCG080923) Attachments: NCG080923_COMPLETE FILE - HISTORICAL_20131218.pdf Todd, I've looked back at the materials in the file. This is a unique circumstance. As per Julie Ventaloro's correspondence in 2013 (screen shot below), this facility was directed to apply for an NCGO8 instead of NCG13 because NCGO8 had more appropriate analytical monitoring. As I worked out in my 2017 email (attached), the expectations for which analytical monitoring (either the VMA section of NCGO8, which normally applies to vehicle maintenance areas, or the section for oil/water separator discharges, which carried limits) — were not specified in the cover letter at the time the COC was issued. I am going to wrap in a lot of history here for the sake of thorough documentation. I'm also going to walk through a lot of rationale below, but it was the best way to give you guidance on how to implement your permit so it's consistent with the intent of the permit coverage. My conclusion is that this site needs to monitor discharges from the oil/water separator according to Part E (Analytical Monitoring for Stormwater Discharges) and comparing results to benchmarks listed in Table 2 — not Part F (Discharge Limitations for designated discharges, outlined in Table 6). Below is correspondence from Julie for reference. From: ventaloro, }idle {manta.)Wle.ventaWoOncdenr,gov] $eM, wedMWay, August 07, 20Q 12:57 Pm To: 1 WA-, Todd Subject FVV: No �xp 3sure Gertlfication question H1 Todd. Firsl. I wank to apologize far the de law in getting dark to you with a definitive answer to your inriglnal question which had to do with whether NCG13 is the appropriate permit for Safety l Ieen'S waste oil re{ycling facility in Mecklenburg County (the Goodrich Sltel. After conferring with our ragronal Staff, Iaoklng into permits For other companies with similar act ivltie5, afid dil5wSsiUrk5 wilt, v Pff in the 5t4rmwater Permittiet Unk I can now recornmend that the more appropriate permit wauid be NCG08 (Vehicle Maintenance Areas), Th-e reasons for thit bee Prirh8rily_ I AS kou oHgieiAlly painted out. the NCG13 permit speeifirally excludes waste ail recycling facilities; and 2) NCGO8 requires anarytical monitoring for, norvpolar oil and grease, which we believe is warranted for a faoifrky Such as this. We did consider the passibility of an Individual starrnwater permit, but decided that the NU308 adequately addresses the maln concerns we would have for storntiwaterconstituents atthis site. One thing I'm .4t sure I everagkad you is the wJteVier the total petroleum Storage capacity as this farility is less than one million gallons. If it is greater than one rnilllon gallons, that may avtarnat+calty exclude it from coverage under a general permit_ Assuming the total capacity at the Goodrich slte Is Jess than one million gallrtns, my recommendation to you would be to go ahead and apply for cmverage untler NCG08. Forms can be Round hzar . You do not need t* 6ttpmil #Ite S100 fee wil:h your application since you've paid a lee already this year when you renewed the NCG13 permit. In ypur NC.GO5 application, please indicate That you would also like to rescind NCG130030 and include a note stating that the fee i5 being wa„rec per my request. You confirmed that the site stores less than 1M gallons of petroleum product (waste oil for recycling), which makes it very similar to a smaller petroleum bulk storage terminal — although not the kind typically captured under this permit. Normally, the NCG08 captures the vehicle maintenance or other types of areas listed below for bulk storage terminals (SIC 5171), which is in this category of NPDES stormwater regulation: (uiji) jlaggsportation faclllties classified as Standard Industrial Classifications 40, 41, 42 �exce 5j, 43, 44, 45, and 5171 which have vehicle maintenance slops, a ment cleaning operati airport deicing operations_ Only those portions of the facility that a either i volved In vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, ueling, and lubrici equipment cleaning operations, airport deicing operations, or which are otherwise identified ur paragraphs (b)(14) (i)-(vii) or (ix) -(xi) of this section are associated with industrial activity; (From 40 CFR 122.26). The bit up there that is important is that it is not just vehicle maintenance areas at Transportation facilities that are captured - but also other areas "otherwise identified" in the other categories of stormwater associated with industrial activity. We don't see that very often at Transit/Transportation facilities, and so the NCG08 permit references vehicle maintenance throughout (hence the confusing part if you're a different type of facility under this GP). The Goodrich site is not a hazardous waste treatment, storage, or disposal facility because the used oil is destined to be recycled (you explained it is managed under the standards in 40 CFR Part 279). This site's activity actually fits into this other category captured under NPDES stormwater regulations: (vi) Facilities involved in the recycling of materials, including metal scrapyards, battery reclair-r-rer; salvage yards, and autornohil-e junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 509 f ...bringing us back to why the site applied for an NCG13 coverage initially. Our staff identified that NCG13 was not as good a general permit for covering the types of pollutants as the NCG08 would be because of the parameters monitored, and therefore recommended coverage under NCG08 instead. Basically, because this site's activities are "otherwise captured" under the program, it's not just vehicle maintenance areas of this site that are subject to NPDES stormwater requirements and subject to the standard monitoring under the permit, which in this case is NCG08. Unfortunately, NCG08 carries all kinds of references to only vehicle maintenance areas that are very confusing for sites that aren't part of that usual SIC set. And it has that special section for oil/water separators that are brought into the Program but aren't "categorically captured." At your site, it is still only the areas of the site that are associated with waste oil storage activies, and of those, only areas that have potential point source discharges, that are subject to monitoring. And that monitoring should be the "standard" Stormwater Analytical Monitoring in Part E (with benchmarks and Tier responses). In Part F, the very end of F-1(c) tries to explain this too, but it should probably be revised to read "Therefore, unless specified differently by the Division, discharges from oil water separators or from secondary containment areas that aFe -asseeiated- ,vith . ehiele maintenanr=e ar=ti hies at facilities categorically captured by the federal NPDES Stormwater Program are otherwise subject to Part E of this General Permit." I think in the attempts over the years to clarify the unusual scenarios that NCG08 stretches to cover, and to explain what areas the Transit/Transportation category of the Stormwater regulations normally targets (almost always just vehicle maintenance areas), language on the front page of the General Permit became too narrow for situations like this one - the ones where non-VMA activities are subject to NPDES stormwater. Looks like we have more work to do on clearing this up in NCG08. This is the info on the front of NCG080000: 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 Vehicle Maintenance Areas (including vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, and equipment cleaning areas), ,iucuced atsites with the following SICs???) 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; ♦ Stormwater point source discharges from like industrial activities deemed by The Division of Energy, Mineral, and Land Resources (DEMLR) to be similar to the above operations in their processes; discharges; and/or exposure of raw materials, intermediate products, byproducts, or waste products. Other activities may include stormwater discharges from oil water separators, secondary containment structures and petroleum storage facilities, and/or vehicle maintenance areas at any facilities other than those listed. Finally, to wrap up —this facility falls under the second bullet of the eligibility categories ("like industrial activities"). It is categorically captured, but staff identified the stormwater monitoring in NCG08 to be more appropriate for the general monitoring of industrial stormwater discharges from Safety-Kleen's Goodrich site (not the monitoring with limits for designated sites). That section (Part E) happens to reference vehicle monitoring areas because of the other facilities usually under this permit. But in your case, it applies to areas associated with the industrial activity (not separated employee parking lots, etc.), which you explained is primarily the one O/W separator discharge. Because the industrial activity at this site is categorically captured, the O/W separator discharges are not considered "designated discharges" and subject to the limits in Part F, as far as I can tell (I didn't find any documentation pointing to that). That's the basis of my guidance here that the limits do not apply. If discharges from the O/W separator are ever chronically elevated above benchmarks, the Division could reconsider whether permit coverage that imposes limits is more appropriate (this is really true for any stormwater discharges the agency regulates with its responsibility to protect water quality standards). I hope this is helpful guidance, and let me know if you have any other questions. Please keep it with the Stormwater permit records for future reference, and I will include it with the official permit file. Sincerely, Bethany Georgoulias (she/her) Environmental Engineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 707 3641 office bethany.georgoulias@ncdenr.gov 512 N. Salisbury Street, Raleigh, NC 27604 (location) 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) Website: http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater Email correspondence to and from this address is subject to the Georgoulias, Bethany From: Georgoulias, Bethany Sent: Monday, April 03, 2017 12:37 PM To: 'BLAKE, Todd M.' Cc: Ventaloro, Julie Subject: RE: NCG080923 monitoring Todd, 1 spoke with Julie this morning, and it sounds like there was some confusion about what would trigger analytical monitoring under NCG08. It was an easy mix-up, as this is not the most straight -forward permit. Under the NCG08 permit, analytical monitoring is triggered by: (Section B, Table 1) Facilities conducting �ehitle_malntenance_!acHvities;;and utilizing `more than 55 gallons neotoroff'w month whe r p n averaged over the year, or (Section C, Table 4) oil water separators, secondary containment structures at petroleum bulk stations and terminals with a total petroleum storage capacity of less than 1 million gallons, or other stormwater discharges that have been spe f ally designated by he 1]ivis>ion as sublectdto�thesei ischarge�requ�rements to the } syi'; Y - } - r .y', Hermit. This means that unless snectfied':differentivrhv'the:Divtsion:,diseharees from oil%water senarators'or'ifrom F]_C4 Because activities at this facility do not fit either of those categories exactly, and the issuance letter did not specify coverage under this General Permit was contingent on certain analytical monitoring, we understand how the permittee could conclude analytical monitoring provisions ore not applicable at the Goodrich Drive site. This was not the intent at issuance, according to the email correspondence in the file. DEQ will likely address these circumstances at renewal later this year. (In fact, it's something that we need to do in the General Permit itself for other similar facilities that may be under this permit.) I hope this helps clear up the questions you had. Please Include this record of guidance for your SPPP records In case any questions arise In the future about this topic. Best regards, Bethany Georgoulias Environmental Engineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.geor og ulias@ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://deq,nc.gov/about/divisions/energy-mineral-land-resources/stormwater North Carolina Public Records Law and may be disclosed to third parties Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time. From: BLAKE, Todd M. [mailto:Todd.Blake@safety-kleen.com] Sent: Monday, September 20, 2021 11:38 AM To: Georgoulias, Bethany <bethany.georgoulias@ncdenr.gov> Subject: RE: [External] RE: Voicemail on NCG08 Questions CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Bethany, Thanks for the reply. I'm still available today as I'm in field visiting some of my facilities this week. I can be available around 1pm or anything this afternoon to speak with you. I would prefer not to hold off another week if possible. Thanks Todd Blake Sr. Environmental Compliance Manager Clean Harbors and Safety-Kleen I todd.blake@safety-kleen.com 336.644.0332 (c) cleanharbors.com Safety Starts with Me! Live it 3-6-5 safety-kleen.com I an he ,-rH From: Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov> Sent: Monday, September 20, 2021 11:30 AM To: BLAKE, Todd M. <Todd.Blake@safety-kleen.com> Subject: RE: [External] RE: Voicemail on NCG08 Questions Todd, I apologize. I did not get to that call on Friday. I'll try you after lunchtime, probably close to 1 PM. Bethany Bethany Georgoulias (she/her) Environmental Engineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 707 3641 office bethany.georgoulias@ncdenr.gov 512 N. Salisbury Street, Raleigh, NC 27604 (location) 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) Website: http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time. From: BLAKE, Todd M. [mailto:Todd.Blake@safety-kleen.com] Sent: Friday, September 17, 2021 3:48 PM To: Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov> Subject: [External] RE: Voicemail on NCG08 Questions CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Bethany, Thanks for the reply. I'm available this afternoon if you have a chance to call me. Essentially I wanted to have a discussion of SDO status and interpretation. Look forward to hearing from you. Todd Blake Sr. Environmental Compliance Manager Clean Harbors and Safety-Kleen I todd.blake@safety-kleen.com 336.644.0332 (c) I cleanharbors.com I safety-kleen.com Safety Starts with Me! Live it 3-6-5 N f} .xr i . L 111111144iif From: Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov> Sent: Friday, September 17, 2021 7:50 AM To: BLAKE, Todd M. <Todd.Blake@safety-kleen.com> Subject: Voicemail on NCG08 Questions Todd, I just picked up your voicemail from last week —I am sorry for the delay! This is the first day I've been in the office since last week, and I am not as good at remembering to check my voicemail as I should be. Email gets to me faster! I will try to call today to see if I can answer your questions. Thanks, Bethany Bethany Georgoulias (she/her) Environmental Engineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 707 3641 office bethany.georgoulias@ncdenr.gov 512 N. Salisbury Street, Raleigh, NC 27604 (location) 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) Website: http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time.