NCG130000_DRAFT Fact Sheet_20180301

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: March 1, 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 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 waste paper, 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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c. Characteristics of Discharged Stormwater
March 1, 2018
The draft renewal permit maintains the requirement for qualitative monitoring of all
stormwater discharges associated with industrial activity. No additional analytical
monitoring is proposed for this industrial sector.
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.
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. 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. 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)], and Total Suspended Solids (TSS), based on the amount of motor oil/hydraulic 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
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to correct problems, or if the discharge causes or contributes to a water quality standard
violation.
4. COMPLIANCE SCHEDULE
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
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
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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 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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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.
b. Stormwa ter Benchmarks
The "Non -polar O&G" [by EPA Method 1664 (SGT -HEM)] benchmark of 15.0 mg/I
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 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/l for HQW and ORW; 10 mg/l for trout and PNA
waters).
7. REQUESTED VARIANCES OR ALTERNATIVES TO REQUIRED STANDARDS
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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: Julie
Ventaloro 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;
Effective June 1, 2018
11. PROCEDURE FOR THE FORMULATION OF FINAL DETERMINATIONS
a. Comment Period
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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: Julie Ventaloro
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
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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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