NCG130000_Draft Permit Fact Sheet to Public Notice_20230417

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL,AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG130000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
Permit No. NCG130000 Date: June 1, 2023
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:
• Non-metal waste and scrap [hereafter referred to as the non-metal waste
recycling industry, a portion of Standard Industrial Classification (SIC) 5093].
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 non-metal waste recycling industry categories include facilities primarily
engaged in assembling,breaking-up, sorting, and wholesale distribution of scrap and
waste non-metal materials. Facilities primarily engaged in metal waste recycling or
automobile wrecking for used parts or scrap are covered under other general permits.
Examples of industries covered by this category include establishments dealing in the
wholesale trade of wastepaper, rubber scrap, plastic scrap, waste boxes,waste bottles,
textile waste, wastepaper (including paper recycling), wiping rags (including washing
and reconditioning), and bag reclaiming.
When viewed as a class, many of the facilities covered by this general permit typically
conduct a substantial degree of their industrial activities outdoors where exposure to
stormwater will occur. For facilities in this category, all stormwater runoff discharges
from areas associated with the industrial activity require a permit.
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NCG130000 Fact Sheet-NC DEQ March 1,2018
c. Characteristics of Discharged Stormwater
The draft renewal permit maintains the requirement for qualitative monitoring of all
stormwater discharges associated with industrial activity. The draft permit proposes
analytical monitoring at all outfalls discharging stormwater associated with industrial
activity.
The draft renewal permit also maintains that Non-Polar Oil &Grease be monitored at
stormwater discharges from on-site vehicle and equipment maintenance activities (VMA)
in which more than 55 Gallons of motor oil and/or hydraulic oil is used per month. This
parameter continues to be useful as the standard stormwater pollution indicator 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. 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
The draft renewal permit now requires baseline sampling of all stormwater discharge
outfalls and/or authorized representative discharge outfalls associated with industrial
activity. Grab samples shall be collected, analyzed and reported for the parameters shown
in the following table.
Parameter FFWBMSW BM Rational
m LTotal Suspended Solids (TSS) 100 EPA MSGP recommended basic
TSS (HQW, ORW, Tr, PNA) 50 indicator of SCM effectiveness
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NCG130000 Fact Sheet-NC DEQ March 1,2018
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 S.U. 6.5-8.5 EPA recommended basic
S.U. indicator of SCM effectiveness
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
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. Four (4) benchmark exceedances within the 5-year
permit cycle trigger notification to the Regional Office and prompts Tier Three status. This
renewal adds language to the Action Plan required as part of Tier Three status.
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.
In addition to the grab samples,the average monthly usage of new motor and hydraulic oil
for the facility shall be tracked and recorded. Non Polar Oil and Grease will be required
sampling for drainage areas that use greater than 55 Gallons of motor oil and/or hydraulic oil
when averaged over the calendar year.
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.
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NCG130000 Fact Sheet-NC DEQ March 1,2018
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
Permittees will be allowed a 4-month grace period to prepare for analytical
monitoring requirements. Permittees shall begin monitoring in Quarter 4 of 2023,
beginning October 1.
Per-and polyfluoroalkyl substances (PFAS) has been added as a potential required
monitoring parameter if deemed by the Director on a case-by-case basis.
Some parts of the Stormwater Pollution Prevention Plan (SPPP) have been expanded or
modified. Please refer to the proposed draft General Permit NCG130000 for those
requirements.
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NCG130000 Fact Sheet-NC DEQ March 1,2018
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.
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: https:lldeq.nc.gov/about/divisions/energy-mineral-land-
resources/npdes-industrial-stormwater.
DMRs shall be signed and certified by a person meeting the Signatory requirements
Original, signed DMR forms shall be scanned and uploaded to the electronic DMR submittal
form,which can be found by typing"deq.nc.gov/SW-Industrial" into a browser window and
hitting"enter."
original signed DMR Forms shall be mailed or otherwise delivered to the appropriate
Regional Office, which is indicated at: httl2s:IIdeq.nc.gov/contact/regional-offices.
c. Submittal Process after eDMR
Unless otherwise informed by the Director, permittees shall register for eDMR within 30
days of the Certificate of Coverage issuance date and shall begin reporting discharge
monitoring data. 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).
This permit specifies monitoring and reporting requirements for both quantitative and
qualitative assessment of the stormwater discharges and operational inspections of the
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NCG130000 Fact Sheet-NC DEQ March 1,2018
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 for all stormwater discharges associated with industrial activity: Total
Rainfall, pH, Chemical Oxygen Demand (COD), Total Suspended Solids (TSS), and
Average Monthly Oil Usage.
Permittees shall monitor for Non-polar Oil and Grease ("Non-polar O&G") [by EPA
Method 1664 (SGT-HEM) if the facility uses more than 55 gallons of new motor oil and/or
hydraulic oil per month when averaged over the calendar year. The rationale for
maintaining this parameter in the renewal permit is its utility as stormwater pollution
indicators for vehicle maintenance areas.
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. Four (4) benchmark exceedances trigger
notification to the Regional Office and may prompt additional requirements (Tier Three).
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.
As before,the renewal permit specifies qualitative (visual) monitoring of each stormwater
outfall for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and assessing new sources of stormwater pollution. 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 in the SPPP. The Qualitative Monitoring
Response establishes actions for when a permittee repeatedly fails to respond effectively
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NCG130000 Fact Sheet-NC DEQ March 1,2018
to correct problems, or if the discharge causes or contributes to a water quality standard
violation.
4. COMPLIANCE SCHEDULE
The compliance schedule in Part I, Section 1 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: 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 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 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.
Existing facilities previously permitted and applying for renewal under this General Permit:
All requirements,conditions,limitations,and controls contained in this permit(except new SPPP
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
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. The permittee must report discharge
monitoring data electronically using the Electronic Discharge Monitoring Report
(eDMR) internet application. Permittees must register within 30 days of permit
issuance.
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
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NCG130000 Fact Sheet-NC DEQ March 1,2018
[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 general permit must prepare, retain, implement, and (at
a minimum of annually) update a Stormwater Pollution Prevention Plan (SPPP).
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.
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NCG130000 Fact Sheet-NC DEQ March 1,2018
The pollution prevention approach adopted in the SPPP 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
SPPP. 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 NCG130000.
Stormwater Benchmarks
The proposed pH benchmark range is based on N.C. Water Quality Standards in 15A NCAC
02B .0211 and is consistent with other NPDES stormwater permits.
The "Non-polar O&G" [by EPA Method 1664 (SGT-HEM)] benchmark of 15.0 mg/1 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/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 (20 mg/l for HQW and ORW; 10 mg/l for trout and PNA waters).
The standard Chemical Oxygen Demand (COD) benchmark is based off Wastewater limits.
COD is generally found at levels 4x that of Biological Oxygen Demand (BOD). The rationale
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NCG130000 Fact Sheet-NC DEQ March 1,2018
for basing this benchmark off a wastewater limit is because discharged industrial
stormwater should not be any more polluted than wastewater.
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 public notice, containing the NCG13 draft renewal permit and fact sheet are available
at the NC Stormwater Program's Public Notice web site:
https:I Ideq.nc.gov/about/divisions/energy-mineral-and-land-
resources/stormwater/stormwater-program/stormwater-public.
In addition, the historical record on the NCG13 permit is available at the Stormwater
Program Laserfiche Repository,which can be found at:
https:[/edocs.deq.nc.gov/WaterResources/Browse.aspx?id=280110&dbid=0&repo=Water
Resources.
9. 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:
Brittany Cook at [phone].
10. SCHEDULE OF PERMIT ISSUANCE
Draft Permit Public Notice - Statewide Notice to publish April 17, 2023;
Draft available online by April 17, 2 02 3;
Comment Period Ends May 17, 2023
Permit Scheduled to Issue - No later than May 31, 2023;
Effective June 1, 2023
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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NCG130000 Fact Sheet-NC DEQ March 1,2018
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: Brittany Cook
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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