NCG070000_DRAFT Fact Sheet_20180413

DEPARTMENT OF ENVIRONMENAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG070000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
Permit No. NCG070000 Date: April 13, 2018
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 activities classified as
establishments primarily engaged in activities classified as Stone, Clay, Glass, and
Concrete Products [Standard Industrial Classification (SIC) 32]. 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.
Except when DEMLR deems activities or discharges to be similar as described above,
the following activities are excluded from coverage under this General Permit:
establishments primarily engaged in Ready -mixed Concrete [SIC 3273] or Hydraulic
Cement [SIC 32411.
b. Types of Operations Covered
SIC Group 32 includes establishments involved in the processing or manufacture of
stone, clay, and glass products. Industry groups include the following:
Flat Glass (SIC 321), Glass and Glassware, Pressed or Blown (SIC 322)
The float glass process is used to manufacture most of the flat glass (SIC 321) produced
in the United States. In the float glass process, sand, lime, and other materials are
melted in large side port furnaces, then poured onto a pool of molten tin. A continuous
ribbon of molten glass is drawn from this spreading mass to produce flat glass. After
manufacture, there are a large variety of operations that are used to produce a final
product. These operations include cutting, grinding, drilling, etching, metalizing,
coating, and others. These finishing operations are typically conducted indoors. For
facilities that are part of the Glass and Glassware, Pressed or Blown group (SIC 322),
final products are manufactured from glass produced in the same establishment and
have the same requirement for a permit as flat glass manufacturers.
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The manufacture of glass uses large amounts of raw materials which must be handled in
bulk by bucket elevators, belt conveyors, or other material handling systems. These
transfer operations often produce large amounts of dust. For this reason, loading,
unloading, and storage of raw materials, intermediates, products, and residuals tend to
contaminate stormwater. The use of furnaces to melt raw materials and form glass may
also produce significant amounts of airborne particulate matter that may contaminate
stormwater.
Glass Products, made of Purchased Glass (SIC 323)
This group consists of manufacturing operations including cutting, grinding, drilling,
etching, metalizing, coating, and many others. These operations are typically conducted
indoors. Facilities in this group will generally not store raw materials, intermediate
products, by-products, waste materials, or chemicals outside. Only those facilities
which conduct operations where material -handling equipment, activities, materials, or
machinery are exposed to stormwater runoff require a permit.
Structural Clay Products (SIC 325), Pottery and Related Products (SIC 326)
Ceramic products are produced by both the Structural Clay Products (SIC 325) and the
Pottery and Related Products (SIC 326) groups. The three main materials used to make
ceramic products are clay, feldspar, (three types: potash, soda, and lime), and sand.
There are a large number of other materials that are added to produce products with
varying properties. The basic manufacturing operations are: combining raw materials,
shaping, and heating. Products, such as tableware, may involve additional operations
such as glazing. The activities that can contribute to stormwater pollution include
loading and unloading operations, and outdoor storage of raw materials, intermediate,
and final products. For structural clay products (SIC 325), drying—often done before
heating to remove water—may occur outdoors.
Concrete, Gypsum, and Plastic Products (SIC 327), Cut Stone and Stone Products
(SIC 328)
Operations in these categories often have storage and other activities occurring
outdoors exposed to stormwater. These facilities typically have process and
manufacturing equipment exposed to the environment.
c. Characteristics of Discharged Stormwater
The draft renewal permit maintains the requirement for qualitative monitoring of all
stormwater discharges associated with industrial activity. Typically, no additional
analytical monitoring is proposed for this industrial sector. This draft does provide
language to allow the division to require analytical monitoring and associated
benchmarks for pH and TSS, if site conditions and/or activities warrant the need for
additional monitoring.
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The draft renewal permit also maintains the same parameters be regularly monitored
in 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
Stormwater Discharges
The 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). These benchmark concentrations are not effluent limits,
but provide guidelines for the facility's Stormwater Pollution Prevention Plan (SPPP).
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). This general permit first incorporated
stormwater benchmarks and tiered responses in the 2008 renewal.
As discussed in 1.c. above, The "Non -polar 0&G" benchmark of 15 mg/1 replaces the
previous 0&G benchmark of 30 mg/1 (see Appendix A).
Some parts of the Stormwater Pollution Prevention Plan (SPPP) have been expanded or
modified. Please refer to the proposed draft General Permit NCG070000 for those
requirements.
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. This draft adds language to allow the division the ability to require
analytical monitoring, associated benchmarks, and Tiers for pH and TSS, if site
conditions and/or activities warrant the need for additional monitoring. This is proposed
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to be based on the results of a site inspection by the division. In comparison, the current
EPA MSGP requires analytical monitoring of TSS and Total Iron for all permitted Concrete
and Gypsum Product Manufacturers (SIC 3271-3275). Specific pollutant parameters and
the frequency of the sampling are based on the types of materials used, stored, and
transferred at vehicle and equipment maintenance areas (VMA) of 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 stormwater discharges from vehicle/equipment maintenance areas: Total
Rainfall, Non -polar Oil and Grease ("Non -polar 0&G") [by EPA Method 1664 (SGT -
HEM)], Total Suspended Solids (TSS), and amount of new motor and/or hydraulic oil
used. This is based on the amount of average 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 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 Stormwater Pollution
Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In cases
where vehicle/equipment maintenance activities do not trigger analytical monitoring,
facilities will only be 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,
if applicable (vehicle or equipment maintenance only).
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
to correct problems, or if the discharge causes or contributes to a water quality standard
violation.
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4. COMPLIANCE SCHEDULE
March 1, 2013
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: 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 II, Section A, Paragraph 2(b) 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 II, Section A, Paragraph 2 (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 III, Paragraph
2(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 II, Section D. 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.
6. BASIS FOR CONTROLS AND LIMITATIONS
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
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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.
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.
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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 site-specific stormwater pollution
prevention plans. 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.
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 NCG070000.
Stormwater Benchmarks
The proposed pH benchmark range of 6.0 - 9.0 is based on N.C. Water Quality Standards in
15A NCAC 0213 .0211 and is consistent with other renewed general 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/1 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
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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/1 for HQW and ORW; 10 mg/l for trout and PNA waters).
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, 9th Floor
DEMLR Stormwater Program
512 N. Salisbury Street
Raleigh, North Carolina
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:
Robert Patterson at [phone].
10. SCHEDULE OF PERMIT ISSUANCE
Draft Permit Public Notice - Statewide Notice to publish April 16, 2018;
Draft available on-line by April 16, 2018;
Comment Period Ends May 16, 2018
Permit Scheduled to Issue - No later than May 31, 2018;
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Effective June 1, 2018
11. PROCEDURE FOR THE FORMULATION OF FINAL DETERMINATIONS
a. Comment Period
March 1, 2013
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: Robert Patterson
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 (3 0) 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.
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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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