NCG010000 2024 Draft Fact Sheet to EPA_20240201

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
DRAFT FACT SHEET
GENERAL PERMIT NCGO10000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
Permit No. NCGO10000 Date: February 1, 2024
1. PERMIT COVERAGE
Industrial
Point source conveyance of stormwater runoff from construction activities
Activities Covered
including clearing, grading, and excavation activities that result in the
disturbance of one or more acres of total land area or that are part of a
common plan of development of that size that are also subject to the NC
Sediment and Pollution Control Act of 1973.
Characteristics of
Stormwater discharged from construction activities can contain sediment
Discharged
eroded from the site of land disturbance activity. Suspended sediment is the
Stormwater
primary constituent in construction stormwater and is commonly measured
as total suspended solids (TSS) and/or turbidity:
• Total suspended solids (TSS) is a measure of the suspended material in
water. The measure of TSS in stormwater allows for an estimation of
sediment transport, which can have significant effects in downstream
receiving waters.
• Turbidity, expressed as Nephelometric Turbidity Units (NTU), is a
measure of the ability of light to penetrate the water. Turbidity is a
function of the suspended solids in water. It has been demonstrated to
adversely affect aquatic species, such as the ability of small
macroinvertebrates to survive or reproduce as well as affecting fish
populations directly and indirectly.
Also, potential for contamination during construction activity exists from
fluids (fuels, lubricants, hydraulic fluids, coolants, etc.) from construction
equipment or machinery. Materials stored on the construction site such as
chemicals, explosives, etc., could also enter the stormwater runoff discharge.
Geographic
Discharges covered by this general permit are located at any place within
Area(s) Covered
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.
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NCGO10000 Draft Fact Sheet - NC DEQ January 2024
Receiving Waters Receiving waters include all surface waters of North Carolina or municipal
separate storm sewer systems conveying stormwater to surface waters.
2. CHANGES PROPOSED SINCE THE LAST NCGO10000 PERMIT
The proposed NCG01 permit is similar to the current one. The changes to the permit can
be summarized as follows:
• Those with coverage under NCG120000 Landfills permit must get coverage under the
NCG01 for land disturbing activity greater than one acre onsite. This change corrected
error made in previous permit.
• Part II - Section B - Subsection 6 - Calculation Method. The hydrologic calculations
reference for designing E&SC measures has been updated.
• Part II - Section F: Materials Handling
o 3. Waste Materials - revised wording of some of these items to be consistent
with our Supplemental plan sheets.
• Part 11- Section G: Operation and Maintenance
o First subsection changed name from Plan Deviations to Modifications to the
E&SC Plan to be more descriptive.
o First subsection -removed sentence that limited the items that could be
considered minor adjustments.
o Secondary Containment Plan requirement added to be more consistent with
other NPDES Stormwater Industrial General Permits in North Carolina and to
be more protective of the environment.
Part III - Section A - Self Inspections. Rain gauge requirement clarified to be onsite to
ensure more accurate rainfall reporting on site.
Part 1V - Section A - Subsection 1 - Continuation of Previously Permitted Projects. The
condition that waived annual permit fees for projects covered under the previous
version of the permit (previous permit cycle) has been removed. This condition is in
the existing permit because fees started during the current permit cycle. Projects that
were permitted during the permit cycle prior to permit cycle when fees began had
annual fees waived. Now, all permitted sites pay fees, so the proposed permit's cycle
will not have to account for a previous permit cycle that did not have fees.
Part V - Definitions -
0 3. Allowable Non-Stormwater Discharges. Part c of this definition no longer
includes discharges resulting from fire fighting training. Discharge resulting
from actual fire fighting activities are still allowed.
o S. Bulk Storage of Liquid Materials definition has been added as a result of
Secondary Containment Plan requirement added.
Regulatory references throughout the permit are NC state requirement.
Please note that the process by which applicants obtain coverage under the
NCG01 will change during this next permit cycle. The application process will be
combined with the Erosion and Sedimentation Control plan submittal. If
successful, this should allow for a more efficient permitting process.
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NCGO10000 Draft Fact Sheet - NC DEQ January 2024
3. STORMWATER POLLUTION PREVENTION PLAN
In North Carolina, the approved Erosion and Sedimentation Control (E&SC) Plan shall
meet all of the applicable requirements of this permit, the Sedimentation Pollution Control
Act of 1973 and 15A NCAC 04B .0101-.0132. The approved E&SC Plan shall be considered
the Stormwater Pollution Prevention Plan (SWPPP) for construction activities that are
covered under this permit and as such the implementation of the E&SC Plan throughout
the duration of coverage shall a condition of the permit. Recommendations for preparing
the E&SC Plan as well as for designing, constructing, and maintaining the erosion and
sedimentation control practices are contained in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
A brief summary of each section within Part II is provided below.
a. Required Components of the Erosion and Sedimentation Control Plan
The other NC General Permits include a list of items that shall be provided to create a
complete SWPPP. For the sake of consistency and clarity, DEMLR wished to provide a
similar list in the NCG01 permit. This list is based on a checklist that is provided on the
NC DEMLR Sediment Program Forms web site, with a number of updates and
improvements in organization. After this permit is finalized, the Sediment Program will
update their checklist so that it is consistent with the permit.
b. Design and Construction Standards for Erosion and Sediment Control Measures
This section of Part 11 includes the existing requirement for sediment basin outlet
structures that withdraw water from the surface. The other design and construction
standards in this section, are taken from NC statute and administrative code, which is
referenced accordingly. Some of the topics that are covered include including topics
such as calculation methods, slope angles, stormwater outlets and stormwater
conveyances.
c. Additional Design and Construction Standards in High Quality Water (HQW) Zones
All of the requirements in this section are taken from proposed updates the NC
administrative code that were created with a diverse team of stakeholders. The
administrative code is in the process of being updated to the language included in the
permit. DEMLR did not use the current language because it will become out of date
during the life cycle of the permit and the requirements in the current administrative
code are such that it is difficult to evaluate compliance (i.e., basins must remove 70% of
the 40 micron particles). The proposed updates to the administrative code reflected in
the permit language make it much easier for permittees to demonstrate compliance.
d Construction Activity Buffers
All of the requirements in this section are taken from current NC administrative statute
and code and are referenced accordingly. In addition, recommended buffer widths
from the NC Erosion and Sedimentation Design Manual are included as Section D, Item
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NCGO10000 Draft Fact Sheet - NC DEQ
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3 for ease of reference for the permittees. This item of the permit is not proposed to be
enforceable.
e. Ground Stabilization
This section of Part II is very similar to the provisions in current NCG01 permit for
ground stabilization. A more detailed specification that includes separate provisions for
temporary versus permanent stabilization has been provided by pulling information
from the existing Definitions section of the permit with editing done for clarification.
The "Required Ground Stabilization Timelines" table has been carried over from the
previous permit with some editing done for clarification. Also, a footnote has been
added to the table to indicate that the more stringent requirements associated with
permanent stabilization do not need to be met until 21 days after the final ground
disturbance associated with any phase of grading.
f. Materials Handling
This section of Part II is very similar to the provisions in current NCG01 permit for
materials handling. Some of the wording has been updated and the information has
been organized for better ease of understanding.
g. Operation and Maintenance
This section of Part II is intended to clarify some provisions in the current NCG01
permit and to integrate the state requirements for operation and maintenance into the
permitting of construction activities. The topics in the current NCG01 permit that
appear in this section are: plan deviations, corrective actions, bypass and upsets. In
this section, DEMLR has clarified that bypasses occur when the design storm has not
been exceeded and upsets occur when the design storm has been exceeded.
4. SELF -INSPECTION, RECORDKEEPING, AND REPORTING REQUIREMENTS
This permit specifies self -inspection, recordkeeping, and reporting requirements for
construction sites. The requirements have not changed, but DEMLR has reorganized the
existing requirements and clarified the language for ease of understanding.
a. Self -Inspection and Recordkeeping
As before, the renewal permit specifies qualitative (visual) monitoring of the following:
• Onsite Rain gauge
• maintained in good working order
• E&SC Measures
• Stormwater discharge outfalls (SDOs)
• Perimeter of site
• Streams or wetlands onsite or offsite (where accessible)
• Ground stabilization measures
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NCGO10000 Draft Fact Sheet - NC DEQ
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The draft permit maintains specific directions to the permittee about how records of
the above self -inspections shall be kept.
b. Reporting
In addition, the draft permit sets forth reporting requirements for the following
incidents that may occur on a construction site with required response timelines:
• Visible sediment deposition in a stream or wetland
• Oil spills and release of hazardous substances per Item 1(b)-(c) above
• Anticipated bypasses [40 CFR 122.41(m)(3)]
• Unanticipated bypasses [40 CFR 122.41(m)(3)]
• Noncompliance [40 CFR 122.41(l)(7)]
5. BASIS FOR CONTROLS
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]). 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 construction
activities, this permit retains a set of requirements for developing and implementing
stormwater pollution prevention plans, and specific requirements for self -inspection,
recordkeeping and reporting for construction activities.
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
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NCGO10000 Draft Fact Sheet - NC DEQ
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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.
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.
There has been no significant change to this rationale since the previous General
Permit NCG010000.
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
The above documents are available for review and copying at:
Archdale Building, 6th Floor
DEMLR Stormwater Program
512 N. Salisbury Street
Raleigh, North Carolina
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NCGO10000 Draft Fact Sheet - NC DEQ
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between the hours of 8:00 AM and 5:00 PM Monday through Friday. Copies will be
provided at a charge of 10 cents per page.
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: Paul
Clark at [phone].
10. SCHEDULE OF PERMIT ISSUANCE
Draft Permit Public Notice - Statewide Notice to publish February 13, 2024;
Draft available on-line by February 13, 2024;
Comment Period Ends March 14, 2024
Permit Scheduled to Issue - No later than March 28, 2024;
Effective April 1, 2024
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.
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.
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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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