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HomeMy WebLinkAboutNC0090212_Other_20230302Mining Activities Amirhossein Adaryani DWR Specialized definitions • 40 CFR 436.21(e)The term "process generated waste water" shall mean any waste water used in the slurry transport of mined material, air emissions control, or processing exclusive of mining. The term shall also include any other water which becomes commingled with such waste water in a pit, pond, lagoon, mine, or other facility used for treatment of such waste water. • 40 CFR 436.21 (b), .31 and .41 The term "mine dewatering" shall mean any water that is impounded or that collects in the mine and is pumped, drained or otherwise removed from the mine through the efforts of the mine operator. However, if a mine is also used for treatment of process generated waste water, discharges of commingled water from the facilities shall be deemed discharges of process generated waste water. • 15A NCAC 02H .0103 (13) "Mine dewatering" means discharges of uncontaminated infiltrate and stormwater from mine excavation and the water that is removed to lower the water table to allow mining in an area. • 40 CFR 122.2 "Process wastewater": means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. • 40 CFR 122.26(b)(10) Overburden means any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally - occurring surface materials that are not disturbed by mining operations. Specialized definitions • 40 CFR 122.26(b)(10) Overburden means any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. • 40 CFR 192.01(m) Tailings means the remaining portion of a metal - bearing ore after some or all of such metal, such as uranium, has been extracted. Specialized definitions 40" 122.26(b)(14) Storm water discharge associated with industrial activity means the discharge from any conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under this part 122. For the categories of industries identified in this section, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at part 401 of this chapter); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and final products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the purposes of this paragraph, material handling activities include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas... Co nt'd (iii) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR 434.11 1 because the performance bond issued to the facility by the appropriate SMCRA aut ority has been released, or except for areas of non -coal mining operations which have been released from applicable State or Federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim); Specialized definitions No -exposure 40 CFR 122.26(g) Conditional exclusion for "no exposure" of industrial activities and materials to storm water. Discharges composed entirely of storm water are not storm water discharges associated with industrial activity if there is "no exposure" of industrial materials and activities to rain, snow, snowmelt and/or runoff, and the discharger satisfies the conditions in paragraphs (g)(1) through (g)(4) of this section. "No exposure" means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handlequipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. • (1) Qualification. • (2) Industrial materials and activities not requiring storm resistant shelter. • (3) Limitations. • (4) Certification Recent triennial WQS rules update. Key part is as follows: • 1. 15A NCAC 02B .0202(33) was revised as follows: (32)(33) "Industrial discharge" means the discharge of industrial process treated wastewater or wastewater other than sewage. Stormwater shall not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater. Industrial discharge includes: • 1. wastewater resulting from any process of industry or manufacture or from the development of any natural resource; • 2. wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants; and • 3. for the purpose of prohibiting discharges to waters classified as Water Supply (WS) in accordance with Rules .0212, .0214, .0215, .0216, and .0218 of this Section, wastewater discharged from a municipal wastewater treatment plant requiring required to administer pretreatment program. program pursuant to 15A N CAC 02 H .0904. • So with this clarification I think the Industrial Stormwater Permit goes back to DENLER? Stormwater does not come into contact with Industrial Process Treated Wastewater and thus, should be handled by DENLR. This situation or clarification became clear with the information provided in the recent triennial WQS rule update. • 40 CFR 436 Subpart U - Lithium Subcategory [Reserved] • PART 436 - MINERAL MINING AND PROCESSING POINT SOURCE CATEGORY • NAICS Code: 212393 Lithium mineral mining and/or beneficiating 40 CFR PART 401 - GENERAL PROVISIONS • 40 CFR 401.11(d) The term point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. • 40 CFR 401.11(q) The term process waste water means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. • 40 CFR 401.11(n) The term noncontact cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product. • 40 CFR 401.11(p) The term blowdown means the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding limits established by best engineering practice. • Contaminated stormwater is wastewater, that needs individual NPDES permit (DWR).