NCG120000_DRAFT Fact Sheet_20180802

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT NCG120000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
Permit No. NCG120000 Date: August 2, 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:
• Activities categorized as landfills, including construction and demolition
debris landfills, which are permitted by the North Carolina Division of Water
Management under the provisions and requirements of North Carolina
General Statute 130A-294.
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 landfills category includes facilities primarily engaged in receiving and disposing
of waste and debris, including municipal solid waste, industrial waste, construction and
demolition waste, land -clearing waste, scrap tires, medical waste, compost and septage.
The operations of a landfill can include receiving solid waste, staging, size reduction,
separation, placing, compaction, excavation, loading, hauling, filling, covering, leachate
management, vehicle maintenance, vehicle fueling, and vehicle and equipment cleaning.
Nearly all landfills and much of the material that is deposited in landfills are exposed to
stormwater. Stormwater can either run off the facility to surface waters or infiltrate
through the landfill, and contaminate groundwater with leachate. In addition, landfill
activities often include large scale excavation, grading, and importation of soil or other
cover material, which provides significant erosion potential.
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NCG120000 Fact Sheet — NC DEQ
c. Characteristics of Discharged Stormwater
August 2, 2018
Stormwater discharged from a landfill can contain many different types of pollutants,
depending on the materials deposited and the degree to which best management
practices are implemented. Runoff from landfills can contain solids and floatables,
pathogens, nutrients, and other pollutants. High sediment loading is common due to the
large scale movement of soil and the potential for erosion. The vehicles and equipment
can also contribute oils, lubricants, and other fluids.
The draft renewal permit maintains the requirement for qualitative and analytical
monitoring of all stormwater discharges associated with this industrial activity,
including 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
a. Erosion and Sediment Control Plan
As in previous versions of this permit, permittees must submit an Erosion and Sediment
Control plan to the Division of Energy, Mineral, and Land Resources or an approved local
program. The plan must conform to the requirements of NC G.S. 113A-54.1 and the rules
adopted by the North Carolina Sedimentation Control Commission. The permittee must
then implement the plan as approved and maintain a signed copy of the plan on site at all
times.
b. Secondary Containment Requirements
As in previous versions of this permit, secondary containment is required for bulk storage
of liquid materials including petroleum products, storage in any amount of water priority
chemicals pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act, and storage in any amount of hazardous substances. Permittees are
required to maintain a table or summary of all such tanks, stored materials, and their
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NCG120000 Fact Sheet — NC DEQ
August 2, 2018
associated secondary containment areas. At a minimum, visual observations of any
stormwater that accumulates in secondary containment areas are required, and records
must be kept of the individual observing the stormwater, a description of the stormwater,
and the date and time of the release of the stormwater.
c. Stormwater Discharge Analytical Monitoring
As in previous versions of this permit, permittees must perform analytical monitoring on
stormwater discharges, respond to exceedances of numerical benchmark values, keep
records of the monitoring results and permittee's response actions, and report the
monitoring results to DEMLR.
d. Stormwater Discharges from Vehicle Maintenance Areas
As in previous versions of this General Permit, permittees must perform analytical
monitoring on stormwater discharges from vehicle maintenance areas (VMA). This 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).
e. Qualitative Monitoring of Stormwater Discharges
As in previous versions of this General Permit, the permittee must perform qualitative
monitoring at all stormwater outfalls. All permittees are subject to this permit requirement.
f. Numerical Benchmark and Tiered Responses
As in previous versions of this General Permit, the permittee must respond to benchmark
exceedances with increased monitoring, increased management actions, increased record
keeping, and/or the installation of stormwater BMPs in a tiered program. Exceedance of a
numerical benchmark is not considered a violation of the permit conditions, although
failure to respond as per the Tiered response structure is considered to be a violation. In
that context, the benchmark value is not a numerical "permit limit", but rather could be
viewed as a management action level value. Four (4) benchmark exceedances require the
permittee to notify the DEMLR Regional Office, and may prompt additional requirements
under the provisions of Tier Three.
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NCG120000 Fact Sheet — NC DEQ August 2, 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 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: chemical oxygen demand (COD), fecal coliform, and total suspended
solids (TSS). In addition, qualifying discharges from vehicle maintenance areas will be
analyzed for pH, non -polar oil and grease [by EPA Method 1664 (SGT -HEM)], and 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 BMPs, assessing new sources
of stormwater pollution, and prompting the permittee's response to pollution. Permittee's
are 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.
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 on site.
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NCG120000 Fact Sheet — NC DEQ
4. COMPLIANCE SCHEDULE
August 2, 2018
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: 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 and existing facilities
previous 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.
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
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
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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 stormwater general permit must fully implement the
Sedimentation and Erosion Control Plan received from the Division of Energy,
Mineral, and Land Resources or an approved local program pursuant to the
requirements of NC G.S. 113A-54.1 and in conformity with the rules adopted by the
Sedimentation and Erosion Control Commission.
Covered facilities must also fully implement the permit for a sanitary landfill from
the NC Division of Waste Management, pursuant to the requirements of NC G.S.
130A-294 and in conformity with the rules adopted in 15A North Carolina
Administrative Code, Subchapter 13B Section .0500. Deviation from the landfill
permit, or approved amendment or revision of the landfill permit, shall constitute a
violation of the terms and conditions of this general permit. A signed copy of the
landfill permit shall be maintained on the site at all times.
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
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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 NCG120000.
b. Storm water Benchmarks
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 monitoring. The lower TSS benchmark for ORW, HQW, trout, and primary nursery
area (PNA) waters of 50 mg/l 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).
The proposed pH benchmark range of between 6.0 and 9.0 standard units for
discharges from vehicle maintenance areas is based on N.C. Water Quality Standards in
15A NCAC 0213 .0211 and is consistent with other renewed stormwater general
permits.
The fecal coliform benchmark is set at 1000 count per 100ml. The N.C. Water
Quality Standard (for all Class C waters, based on human health) establishes that fecal
coliforms shall not exceed a geometric mean of 200/100ml (MF count) based upon at
least five consecutive samples examined during any 30 -day period, nor exceed
400/100ml in more than 20 percent of the samples examined during such period. The
SPU does not consider these in -stream values practical for a stormwater benchmark.
The COD benchmark is set at 120 mg/L, consistent with all other stormwater General
Permits employing COD. COD is one measure of the organic pollutants in stormwater,
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and is generally found at levels three to six times the BODS levels in domestic
wastewaters. NC DWQ has selected a multiplier of 4 in comparison to BOD. There has
been no change to this benchmark value since the 2007 permit.
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: Corey
Anen at [phone].
10. SCHEDULE OF PERMIT ISSUANCE
Draft Permit Public Notice - Statewide Notice to publish September 4, 2018;
Draft available on-line by September 4,2018;
Comment Period Ends October 5, 2018
Permit Scheduled to Issue - No later than October 15, 2018;
Effective November 1, 2018
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NCG120000 Fact Sheet — NC DEQ August 2, 2018
11. PROCEDURE FOR THE FORMULATION OF FINAL DETERMINATIONS
a. Comment Period
The Division of Energy, Mineral, and Land Resources proposes to issue an NPDES
General Permit for the above described stormwater discharges subject to the outlined
effluent limitations, management practices, and special conditions. These
determinations are open to comment from the public.
Interested persons are invited to submit written comments on the permit applications
or on the Division of Energy, Mineral, and Land Resources' proposed determinations to
the following address:
Stormwater Program
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Attn: Corey Anen
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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