NCG080000_DRAFT Fact Sheet_20180807

NCG080000 Fact Sheet — NC DEQ August 07, 2018
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
FACTSHEET
GENERAL PERMIT NCGO80000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
1. TYPES OF DISCHARGES COVERED
a. Industrial Activities Covered by this General Permit
All owners or operators of stormwater point source discharges associated with activities that
have Vehicle and Equipment Maintenance Areas (including vehicle rehabilitation, mechanical
repairs, painting, fueling, lubrication and equipment cleaning operation areas) associated with
activities classified as Rail Transportation [Standard Industrial Classification (SIC) 40], Local
and Suburban Transit and Interurban Highway Passenger Transportation [SIC 41], Motor
Freight Transportation and Warehousing [SIC 42], Postal Service [SIC 43], Petroleum Bulk
Stations and Terminals [SIC 5171] with total petroleum storage capacity of less than 1 million
gallons.
On a case-by-case basis, the State may require other industrial activities to be permitted under
this general permit that are not categorically required to be permitted. These other activities may
include stormwater discharges from oil water separators, secondary containments structures at
petroleum storage facilities, and/or vehicle maintenance areas at any facilities other than those
listed above.
The following activities are specifically excluded from coverage under this General Permit:
• maintenance areas at activities classified as Water Transportation (SIC 44)
• maintenance areas at activities classified as Transportation by Air (SIC 45)
• wash water from steam cleaning operations or other equipment cleaning operations.
• Public Warehousing and Storage [SIC 4221-4225]
b. Types of Operations Covered
SIC Major Group 40 includes establishments furnishing transportation by line -haul railroad,
and switching and terminal establishments
SIC Major Group 41 includes establishments primarily engaged in furnishing local and
suburban passenger transportation, such as those providing passenger transportation within a
single municipality, contiguous municipalities, or a municipality and its suburban areas, by
bus, rail, or subway, either separately or in combination, and establishments engaged in
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furnishing transportation to local scenic features. Also included are establishments primarily
engaged in furnishing highway passenger transportation and establishments furnishing
highway passenger terminal and maintenance facilities. Intercity bus lines are included in this
group.
SIC Major Group 42 includes establishments furnishing local or long-distance trucking or
transfer services, or those engaged in the storage of furniture and other household goods, or
commercial goods. Specifically excluded from coverage under this General Permit are the
Sub groups 4221 — 4225, which are establishments primarily engaged in public warehousing
and storage.
SIC group 43 includes all establishments of the United States Postal Service.
SIC 5171 includes establishments primarily engaged in the wholesale distribution of crude
petroleum and petroleum products, including liquefied petroleum gas, from bulk liquid
storage facilities.
For SIC 40, 41, 42, 43, and SIC 5171, the industrial activity which is required to have a
NPDES stormwater permit is the area(s) at these facilities associated with vehicle
maintenance or equipment cleaning operations [or area(s) where these activities have taken
place in the past and significant materials remain and are exposed to stormwater] . The point
source discharges of stormwater runoff associated with the areas where vehicle maintenance
or equipment cleaning takes place are required to be permitted regardless of material or
material handling equipment exposure to stormwater. Establishments in these groups
frequently conduct some aspects of the vehicle maintenance operations outside.
Other operations which are covered by this General Permit are those activities which are not
categorically required to have stormwater discharge permits, but which have been
designated on a case-by-case basis by the Division to require a NPDES permit for their
stormwater discharge. Activities in categories of point sources discharge of stormwater from
oil water separators, secondary containment structures at petroleum storage facilities, and/or
vehicle maintenance areas at any facilities.
Pollutant parameters of particular concern in these activities can be broadly be categorized
as Petroleum Products, Solvents, Paints, Antifreezes, Acids and Alkalis, Heavy Metals,
Detergents, and Suspended Solids Agents. Some or all of these materials are expected to be
in stormwater runoff from facilities conducting vehicle maintenance activities.
c. Characteristics of Discharged Stormwater
Data submitted to the U.S. Environmental Protection Agency (EPA) during the group
stormwater permit application process included quantitative analyses of grab samples for the
following pollutants in stormwater runoff from Motor Freight Transportation Facilities,
Passenger Transportation Facilities, Rail Transportation Facilities, and United States Postal
Service Transportation Facilities (Sectors 16 &17): Total Suspended Solids (TSS), pH, Oil
and Grease, Biochemical Oxygen Demand (BODS), Chemical Oxygen Demand (COD),
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Total Kjeldahl Nitrogen (TKN), Nitrate plus Nitrite Nitrogen, and Total Phosphorus.
Analysis of this data indicated that pollutant parameters of particular concern in this industry
are pH, Total Suspended Solids, and Oil and Grease.
d. Geographic Areas 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 US 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. DISCHARGE CONTROLS AND LIMITATIONS
The renewal permit incorporates benchmarks to assess the effectiveness of best management
practices (BMPs). These benchmarks are not effluent limits, but provide guidelines for the
facility's Stormwater Pollution Prevention Plan (SPPP or Plan). 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.
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP).
The SPPP shall be maintained on site unless exempted from this requirement by the Division.
The SPPP is public information in accordance with Part III, Standard Conditions, Section E,
paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items:
a. Site Overview
The Site Overview shall provide a description of the physical facility and the potential
pollutant sources that may be expected to contribute to contamination of storrawater
discharges. The Site Overview shall contain the following:
A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls discharge, or if
the discharge is to a municipal separate storm sewer system, the name of the municipality
and the ultimate receiving waters; and accurate latitude and longitude of the points of
stormwater discharge associated with industrial activity. The general location map (or
alternatively the site map) shall identify whether any receiving waters are impaired (on
the state's 303(d) list of impaired waters) or if the site is located in a watershed for
which a TMDL has been established, and the parameters of concern.
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2. A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices. A narrative description of the potential pollutants that could be expected to
be present in the stormwater discharge from each outfall.
3. A site map drawn at a scale sufficient to clearly depict: the site property boundary; the
stormwater discharge outfalls; all on-site and adjacent surface waters and wetlands;
industrial activity areas (including storage of materials, disposal areas, process areas,
loading and unloading areas, and haul roads); site topography and finished grade; all
drainage features and structures; drainage area boundaries and total contributing area for
each outfall; direction of flow in each drainage area; industrial activities occurring in
each drainage area; buildings; stormwater Best Management Practices (BMPs); and
impervious surfaces. The site map must indicate the percentage of each drainage area
that is impervious, and the site map must include a graphic scale indication and north
arrow.
4. A list of significant spills or leaks of pollutants during the previous three (3) years and
any corrective actions taken to mitigate spill impacts.
5. Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges. The
certification statement will be signed in accordance with the requirements found in Part
III, Standard Conditions, Section B, Paragraph 5.
b. Stormwater Management Strategy
The Stormwater Management Strategy shall contain a narrative description of the materials
management practices employed which control or minimize the stormwater exposure of
significant materials, including structural and nonstructural measures. The Stormwater
Management Strategy, at a minimum, shall incorporate the following:
Feasibility Study. A review of the technical and economic feasibility of changing the
methods of operations and/or storage practices to eliminate or reduce exposure of
materials and processes to rainfall and run-on flows. Wherever practical, the permittee
shall prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is not
practical, this review shall document the feasibility of diverting the stormwater run-on
away from areas of potential contamination.
2. Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313 of
Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals; and storage in any amount of hazardous substances, in order to prevent leaks
and spills from contaminating stormwater runoff. A table or summary of all such tanks
and stored materials and their associated secondary containment areas shall be
maintained. If the secondary containment devices are connected to stormwater
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conveyance systems, the connection shall be controlled by manually activated valves or
other similar devices (which shall be secured closed with a locking mechanism). Any
stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to
release of the accumulated stormwater. Accumulated stormwater shall be released if
found to be uncontaminated by any material. Records documenting the individual
making the observation, the description of the accumulated stormwater, and the date and
time of the release shall be kept for a period of five (5) years.
3. BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs shall
be based on the assessment of the potential for sources to contribute significant quantities
of pollutants to stormwater discharges and on data collected through monitoring of
stormwater discharges. The BMP Summary shall include a written record of the specific
rationale for installation and implementation of the selected site BMPs. The BMP
Summary shall be reviewed and updated annually.
4. Locomotive Sanding Areas (applicable to Rail Transportation only). The plan must
describe measures that prevent or minimize contamination of the stormwater runoff from
areas used for locomotive sanding. The facility shall consider covering sanding areas,
minimizing stormwater runon/runoff, appropriate sediment removal practices to
minimize the offsite transport of sanding material by stormwater, or other equivalent
measures.
5. Vehicle and Equipment Cleaning Areas. The plan must describe measures that prevent
or minimize contamination of the stormwater runoff from all areas used for vehicle and
equipment cleaning. The facility shall consider performing all cleaning operations
indoors, covering the cleaning operation, ensuring that all wash waters drain to the
sanitary sewer system (i.e., not the stormwater drainage system, unless permitted by
another NPDES general or individual permit), collecting the stormwater runoff from the
cleaning area and providing treatment or recycling, or other equivalent measures. If
sanitary sewer is not available to the facility and cleaning operations take place outdoors,
the cleaning operations shall take place on grassed or graveled areas to prevent point
source discharges of the wash water into the storm drains or surface waters. Where
cleaning operations cannot be performed as described above and when operations are
performed in the vicinity of a storm drainage collection system, the drain shall be covered
with a portable drain cover during cleaning activities. Any excess ponded water shall be
removed and properly handled by pump to a sanitary sewer system prior to removing the
drain cover. Detergents used outdoors shall be biodegradable and the pH adjusted to be
in the range of 6 to 9 standard units. The point source discharge of vehicle and
equipment wash waters, including tank cleaning operations, are not authorized by this
permit and must be covered under a separate NPDES general or individual permit or
discharged to a sanitary sewer in accordance with applicable industrial wastewater
pretreatment requirements.
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6. Remote Fueling Operations. If remote fueling (or other vehicle maintenance activities)
are conducted at off site locations but coordinated from the permitted facility, the plan
shall include a component that describes the stormwater management practices and
BMPs used to prevent and/or minimize the contamination of stormwater from such
activities.
c. Spill Prevention and Response Procedures.
The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of
potential pollutant sources based on a materials inventory of the facility. Facility personnel
responsible for implementing the SPRP shall be identified in a written list incorporated into
the SPRP and signed and dated by each individual acknowledging their responsibilities for
the plan. A responsible person shall be on-site at all times during facility operations that
have the potential to contaminate stormwater runoff through spills or exposure of materials
associated with the facility operations. The SPRP must be site stormwater specific.
Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a
component of the SPRP, but may not be sufficient to completely address the stormwater
aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
d. Preventative Maintenance and Good Housekeeping Program.
A preventative maintenance and good housekeeping program shall be developed and
implemented. The program shall address all stormwater control systems (if applicable),
stormwater discharge outfalls, all on-site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural BMPs. The program shall establish schedules of
inspections, maintenance, and housekeeping activities of stormwater control systems, as well
as facility equipment, facility areas, and facility systems that present a potential for
stormwater exposure or stormwater pollution where not already addressed under another
element of the SPPP. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program. Timely compliance with the established
schedules for inspections, maintenance, and housekeeping shall be recorded and maintained
in the SPPP.
d. Employee Training.
Training programs shall be developed and training provided at a minimum on an annual basis
for facility personnel with responsibilities for: spill response and cleanup, preventative
maintenance activities, and for any of the facility's operations that have the potential to
contaminate storrawater runoff. The facility personnel responsible for implementing the
training shall be identified, and their annual training shall be documented by the signature of
each employee trained.
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e. Responsible Party.
August 07, 2018
The SPPP shall identify a specific position or positions responsible for the overall
coordination, development, implementation, and revision of the SPPP. Responsibilities for
all components of the SPPP shall be documented and position assignments provided.
f. SPPP Amendment and Annual Update.
The permittee shall amend the SPPP whenever there is a change in design, construction,
operation, site drainage, maintenance, or configuration of the physical features which may
have a significant effect on the potential for the discharge of pollutants to surface waters. All
aspects of the SPPP shall be reviewed and updated on an annual basis. The annual
update shall include:
1. an updated list of significant spills or leaks of pollutants for the previous three (3) years,
or the notation that no spills have occurred (element of the Site Overview);
2. a written re -certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges (element of the Site Overview);
3. a documented re-evaluation of the effectiveness of the on-site stormwater BMPs (BMP
Summary element of the Stormwater Management Strategy).
4. a review and comparison of sample analytical data to benchmark values (if applicable)
over the past year, including a discussion about Tiered Response status. The permittee
shall use the Division's Annual Summary Data Monitoring Report (DMR) form,
available from the Stormwater Permitting Unit's website (See `Monitoring Forms' here:
http://portal.ncdenr.org/web/wq/ws/su/Lipdessw).
The Director may notify the permittee when the SPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with Part
III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been
made.
g. Facility Inspection Program.
Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-
annual schedule, once during the first half of the year (January to June) and once during the
second half (July to December), with at least 60 -days separating inspection dates (unless
performed more frequently). The inspection and any subsequent maintenance activities
performed shall be documented, recording date and time of inspection, individual(s) making
the inspection and a narrative description of the facility's stormwater control systems, plant
equipment and systems. Records of these inspections shall be incorporated into the
Stormwater Pollution Prevention Plan. These facility inspections are different from, and in
addition to, the stormwater discharge characteristic monitoring required in Part II of this
permit.
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h. SPPP Implementation.
August 07, 2018
The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate
BMPs to prevent contaminants from entering surface waters via stormwater. Implementation
of the SPPP shall include documentation of all monitoring, measurements, inspections,
maintenance activities, and training provided to employees, including the log of the sampling
data and of actions taken to implement BMPs associated with the industrial activities,
including vehicle maintenance activities. Such documentation shall be kept on-site for a
period of five (5) years and made available to the Director or the Director's authorized
representative immediately upon request.
3. MONITORING AND REPORTING REQUIREMENTS
The permit specifies monitoring and reporting requirements for both quantitative and qualitative
assessment of the stormwater discharge and operational inspections of the entire facility.
Specific pollutant parameters for which sampling must be performed and the frequency of the
sampling are based upon the types of materials used and produced in the manufacturing
processes and the potential for contamination of the stormwater runoff at these facilities. The
permit has specific monitoring requirements for the following parameters: pH, Total Suspended
Solids, Oil and Grease, and Total Rainfall. The rationale for retaining these parameters in the
renewal permit was based in part on their continued usefulness as stormwater pollution
indicators for these industry types within the revised monitoring scheme. Other parameters
monitored in the initial general permit for this category of industry were removed in a past
renewal and were not reintroduced.
Total Flow and Event Duration parameters have been removed in the renewal permit. Instead,
the permit clarifies that the SPPP site map include the percentage of each drainage area that is
impervious, which provides information necessary should flow ever need to be estimated. (The
permit still requires total rainfall amount be recorded). While flow monitoring is required for
NPDES wastewater dischargers under 40 CFR § 122.44 to "assure compliance with permit
limitations," effluent limits are not applicable to this general permit. The rationale for removing
Total Flow is that (1) flow does not demonstrate compliance with any permit condition, (2)
DEMLR is not using the stormwater discharge flow monitoring data for anything, (3) many
permittees were reporting erroneous values because of a lack of understanding about how to
calculate stormwater discharge flow, and (4) the permit continues to require the permittee to
record all information necessary to estimate flow for a given monitoring event.
In addition to analytical monitoring, the renewal permit specifies qualitative (visual) monitoring
of each stormwater outfall for the purpose of evaluating the effectiveness of the Stormwater
Pollution Prevention Plan 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 of
stormwater outfalls must be performed during a measurable storm event and during required
analytical monitoring events.
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Additional monitoring and reporting requirements include:
a. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis.
Implementation of the plan shall include documentation of all sampling, measurements, Tier
1 and Tier 2 actions, activities taken to implement BMPs, inspections, maintenance activities,
and training provided to employees. Such documentation shall be kept on-site for a period of
five years and made available to DEMLR immediately upon request. If DEMLR determines
that a Plan does not meet requirements of the permit, the permittee must give DEMLR a time
schedule for modifying the Plan and certify that the Plan has been so modified.
b. Self -inspections of the facility and all stormwater systems shall occur at a minimum on a
semi-annual schedule. The inspections and any subsequent maintenance activities performed
shall be documented, recording date and time of inspection, individual(s) making the
inspection, and a narrative description of the facility's stormwater control system, plant
equipment and systems. Records of these inspections shall be incorporated into the Plan.
c. Sample collection and qualitative monitoring shall be performed at all stormwater discharge
outfall locations. A facility with multiple discharge locations which are substantially
identical may petition DEMLR to allow sampling of a reduced number of outfalls. Visual
observations shall be recorded for all outfall locations.
d. For purposes of stormwater sampling, all samples shall be collected from a discharge
resulting from a representative storm event. If the storrawater runoff is controlled by a
detention pond, a grab sample of the discharge from the pond shall be collected within the
first 30 minutes of discharge. Previously, if the detention pond discharged only in response
to a storm event exceeding a ten-year design storm, no analytical monitoring was required;
however, that provision has been removed from this renewal permit. The removal was based
on the fact that most permittees misunderstood the provision, and that semi-annual sampling
was appropriate for the reasons previously noted.
e. The renewal permit outlines a tiered response to exceedances of benchmark values. These
tiers require increased monitoring, increased management actions, increased record keeping,
and/or installation of stormwater BMPs.
4. COMPLIANCE SCHEDULE
Permittees covered by this General Permit shall comply with the monitoring, controls, and
limitations specified for stormwater discharges in accordance with the following schedule:
Existing facilities already operating, but applying for coverage under this general permit for the
first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within
12 months of the effective date of the initial Certificate of Coverage issued pursuant to this
general permit and updated thereafter on an annual basis. Secondary containment, as specified in
Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the
effective date of the initial Certificate of Coverage.
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New facilities applying for permit coverage for the first time and existing facilities previously
permitted and applying for renewal under this general permit: All requirements, conditions,
limitations, and controls contained in this permit become effective immediately upon issuance of
the Certificate of Coverage. 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 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
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 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), the 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 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 general 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 draft 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
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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 this general permit, are the best available of the technologies
economically achievable (or the equivalent BCT finding).
All facilities covered by this stormwater general permit must prepare, retain, implement, and (at a
minimum of annually) update a stormwater pollution prevention plan. 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 stormwater pollution prevention plans in the renewal
permit 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 this 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 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.
In 1979, EPA completed a technical survey of industry best management practices (BMPs) which was
based on a review of practices used by industry to control the non -routine discharge of pollutants from
non -continuous sources including runoff, drainage from raw material storage areas, spills, leaks, and
sludge or waste disposal. This review included analysis and assessment of published articles and reports,
technical bulletins, and discussions with industry representatives through telephone contacts, written
questionnaires and site visits.
The technical survey identified two classes of pollution control measures. The first class of controls are
those management practices which are generally considered to be essential to the development of an
effective and efficient BMP program, low in cost, and applicable to broad categories of industries and
substances. These controls include the following: developing a Spill Control Committee and
implementing spill reporting, material inventorying and compatibility reviews, employee training, visual
inspections, preventative maintenance programs, good housekeeping, and addressing security issues.
These practices are broadly applicable to all industries and can be implemented by each facility
independent of the category of industry, ancillary sources, specific chemicals used at different sites,
and/or plant site locations. The survey concluded that these controls should be minimum requirements for
any effective BMP program.
The second class of controls are management practices which provide for a second line of defense against
the release of pollutants. These controls include prevention measures, containment measures, mitigation
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and cleanup measures and treatment methods. The types of chemicals, industrial operations and various
ancillary sources specify the controls applicable to an individual facility.
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 being appropriately imposed in general permits in lieu of numeric effluent
limitations pursuant to 40 CFR 122.44(k)(2).
There has been no change to this rationale since the previous general permit.
7. REQUESTED VARIANCES OR ALTERNATIVES TO REQUIRED STANDARDS
There are no requested variances or alternatives to required standards.
8. THE ADMINISTRATIVE RECORD
The administrative record, including the draft permit, fact sheet, public notice, comments
received, and additional information is available by writing to:
Stormwater Permitting Unit
DEMLR
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The above documents are available for review and copying at:
Archdale Building
9th Floor
Stormwater Permitting Unit
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
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Additional information concerning the permit application may be obtained at the above address
between the hours of 8:00 AM and 5:00 PM Monday through Friday by contacting: Richard
Riddle at 919-707-3648.
10. SCHEDULE OF PERMIT ISSUANCE
Draft Permit to Public Notice - Notice September 16, 2018;
Draft available on-line September 16, 2018
Permit Issue Date - October 19, 2018 (Scheduled);
Effective November 1, 2018 (Scheduled)
11. PROCEDURE FOR THE FORMULATION OF FINAL DETERMINATIONS
a. Comment Period
The DEMLR proposed 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 were open to comment from the public.
Interested persons were invited to submit written comments on the permit application or on
the Division's proposed determinations to the following address:
Stormwater Permitting Unit
DEMLR
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Attn: R. Riddle
All comments received within thirty days following the date of public notice were considered
in the formulation of final determinations.
b. Public Meeting
The Director 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 DEMLR mailing list
at least thirty days prior to the meeting. The Division did not receive any requests for a public
hearing on the draft permit.
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NCG080000 Fact Sheet — NC DEQ
c. Appeal Hearing
August 07, 2018
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 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 determinations are substantially unchanged, the permit will be issued and
become effective immediately. This will be the final action of the Division.
If a public meeting or appeal hearing is not held, but there have been substantial changes,
public notice of the Division revised determinations will be made. Following a 30 -day
comment period, the permit will be issued and will become effective immediately. This will
be the final action of the Division unless a public meeting or appeal hearing is granted.
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