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HomeMy WebLinkAboutNCS000562_Permit (Issuance)_20130325-__"- STORMWATER-DIVISfON-CODING-SHEET - - T PERMIT NO. N C.S000S�- - DOC TYPE kFINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ a i���6_�s'_ YYYYM M D D NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director March 25, 2013 Mr. Timothy R. Basilone Vice President — Environmental Affairs Horsehead Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 Dear Mr. Basilone: John E. Skvarla, III Secretary Subject: Final NPDES Stormwater Permit Permit No. NCS000562 Horsehead Corporation Rutherford County In response to your application for coverage under the NPDES stormwater permitting program, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no changes from the draft permit sent to you on January 30, 2013. Please note that analytical monitoring is required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. The request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, our permitting decision shall be final and binding. 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 919-807-6300 t FAX 9IM07-6492 intemet: www.ncwaterguality.org None ithCarolina naturally An Equal Opporfunily 1 Affirmative Acton Employer Mr. Basilone March 25, 2013 Page 2 of 2 Please take notice this permit is not transferable except by the specific action of the Division. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division or permits required by the Coastal Area Management Act, or any other federal or local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Ken Pickle at (919) 807- 6376 or at ken.pickle@ncdenr.gov. Sincerely, ORIGINAL SIGNED B1 KEN PICKLE for Charles Wakild, P.E., Director cc: DWQ Asheville Regional Office, Surface Water Protection Mike Mitchell, EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303 DWQ Stormwater Permitting Unit permit files DWQ Central Files Attachments NCS000562 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE or.741. Eli►: 0 -1 ....1 _ u ►: 1► u_ In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Horsehead Corporation is hereby authorized to discharge industrial stormwater from a facility located at Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, North Carolina Rutherford County to receiving waters designated as the Broad River, a class C water in the Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, and IV hereof. This permit becomes effective April 1, 2013. This permit and the authorization to discharge expire at midnight on March 31, 2018. Signed this day March 25, 2013. ORIGINAL SIGNED 81 KEN PICKLE for Charles Wakild, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000S62 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements PART III Section A Section B: STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liabi 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements I Permit No. NCSOOOS62 4. Permit Modification, Revocation and Reissuance, or Termination S. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures S. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges S. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS it Permit No. NCS000562 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited, monitored, and reported as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (N01) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the perk, ttee is authorized to discharge stormwater to the surface waters of North Carolina that has een ad quately treated and managed in accordance with the terms and conditions of this rm' . All stormwater discharges shall be in accordance with the conditions of this per t. Any other point source discharge to surface waters of the sta is pr ibited unless it is an allowable non-stormwater discharge or is covered by anoth r permit, thorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. k Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000562 Pq f.Y;LL-�.:�:�:J :'r:-t=r/'-- y'r"rl.':-.�• 17''/j' �l •_ ,`[11{�1 _A.r„�'���_ • �yti ``. .` .: t • ("_.1 t�::'f°:: r + :i_3..,1•`.4xT�1 'p-'�=?'T. i7, •;=,1'":' �,� ;may.-,:i' f_.: zz Horsehead Corporation _ - ••r' yam= ,,�ti---- :w' :�, .' � I i1 .::•�,y:�•.f,- i,-:s.a'1: r �- ham\ '-'s,F 30, r. �,r, �' �-E��:y�` t 1; ; �i •,, ,•fir 1 � G.•C ul�l�c. ! 1 ,fi�`r / ;, �f�- `�• -! i+' Y-. � / ��[,•1 `� J'-, �. �1r/li',�:(J,, '� BilCp (irlrr rf-1 — Irl'1 --:r:'�='S�� .1..-�}r.� -•= �• �J:�- r `t.,s•i T �,•\ ,,i : ��\{ I lr ,: y*` 1. .f t .P�`. a r' �!:'!!�f• '--� •fit ., f ; w '°• f !- 4 l r"•�r'v' `_ f.-";}S�r ' •r..�i FI r -r.r., 1 �..I,:y ?!•y zC.�Y a S� r�fli��`, ° .f ` 9; .s.. y_.:1 °F >v� 'k �t y'+, ••. i.. ,fi ''I f: __ 71 _ , r —'titer til•'�-• '\. - .i-Ji', _�ti.\' "•���___-�< f _'r _� }�. 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NCS000562 Horsehead Corporation Rutherford County Facility N Latitude: 350 11' 36' N w F Longitude:81° 50' 59" W County: RuffuNford County Receiving Stream: Broad River Stream Class: C Map Scale 1:24,000 Sub -basin: 03-08-02 Broad River Basin ��: �� rJrt1Y4 t/►`Mii: Facility Location Part I Page 2 of 2 Permit No. NCS000562 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Storrnwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site. 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: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that have the potential to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) 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; 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 whet er any receiving waters are impaired (on the state's 303(d) list of impaired water or if the site is located in a watershed for which a TMDL has been established, d what the parameters of concern are. (b) A narrative description of storag pr tices, loading and unloading activities, outdoor process areas, dust or parti ate generating or control processes, and waste disposal practices. A narrati description of the potential pollutants that could be expected to be present in he s mwater discharge from each outfall, and a discussion of failure modes that ay impact e risk for polluted stormwater discharges. (c) A site map drawn at a scale sufficient -to -clearly dep ct: the site property boundary; the stormwater discharge outfalls; all on -site a jacent 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. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part II Page 1 d 11 Permit No. NCS000562 (e) 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 3. 2. 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: (a) Feasibility Study. An annual review by site management 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 storage areas, material handling operations, manufacturing, and fueling operations. In areas where elimination of exposure and/or prevention of run-on contact are not practical, the Feasibility Study shall document,the basis for the management decision that such controls are not feasible. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials including petroleum products 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 substancesin 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 conveyance systems, the connection shall be controlled by manually activated valves or other similar devices, which shall be secured closed with a locking mechanism. Prior to release into the stormwaters conveyance system, any stormwater that accumulates in containment areas shall be at a minimum visually observed for color, foam, outfall staining, visible sheens, and dry weather flow. Accumulated stormwater may be released if found to be uncontaminated by any material. Records documenting the individual making the observation or analyses, the visual and analytical description of the accumulated stormwaters, and the dates and times of the releases shall be kept for a period of five (5) years. (c) 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 Part 11 Page 2 of 11 Permit No. NCS000562 selected site BMPs. The BMP Summary shall be reviewed by site management and updated annually. 3. 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. The SPRP shall address spill response and failure mode preparations and responses. Site management shall identify facility personnel responsible for implementing the SPRP in a Written list incorporated into the SPRP along with dated signatures by each individual acknowledging his or her responsibilities under the SPRP. 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. 4. Preventative Maintenance and Good Housekeeping Pr gram. A preventative maintenance and good housekeeping program shall be veloped and implemented. The program shall address all stor water control systems, stormwater discharge outfalls, all on -site and adjacent su ace waters and wetlands, industrial activity areas (including material storage areas, material handlin areas, disposal areas, process areas, loading and unloading areas, \ d haul road , all drainage features and structures, and structural BMPs. The rogram s all establish schedules of inspections, maintenance, and housekeeping activ ties of s rmwater control systems, as well as facility equipment, facility areas, and f cility' yytems that present a potential for stormwater exposure or stormwater p llution where not already addressed under another element of the SPPP. Inspectio of material handling areas and regular cleaning schedules of these areas shall a incorporated into the program. Timely compliance with the established schedu es for inspections, maintenance, and housekeeping shall be recorded and mai tained in the SPPP. 5. Facility Inspections. Inspections of the fa iliLt nd all stormwater conveyance and control systems shall occur as part of the Pr ative Maintenance and Good Housekeeping Program at a minimum on a)durin nual schedule, once during the first half of the year (January to June),/and oncee second half (July to December), withat least 60 days separating inspectionnless performed more frequently than semi-annually). These f ility inspecdifferent from, and in addition to, the stormwater discharge cha acteristicmat the outUl required in Part 11 Sections B and C of this permit. 6. 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 stormwater runoff. The facility Part II Page 3 of 11 Permit No. NCS000562 :personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. Site management shall identify, and the SPPP shall document, 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. 8. 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 impact 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 all the aspects required immediately above in items 1-7; and a review and comparison of monitoring analytical data to benchmark values over the pastyear, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report form, available from the Stormwater Permitting Unit's website here: http:././12ortal.ncdenr.org/web/wqlws/sulnpdess 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 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs to prevent contaminants from entering surface waters via stormwater, Among other actions identified herein, implementation of the SPPP shall include the 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. 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. Part II Page 4 of 11 Permit No. NCS000562 SECTION B: ANALYTICAL MONITORING REQUIREMENTS `� Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO), Only SDOs discharging stormwater associated with Q industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. See Definitions. _ Table 1 Analvtical Monitoring Requirements Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 Total Suspended Solids m L quarterly Grab SDO Total Nitrogen m L quarterly Grab SDO Total Phosphorus m L quarterly' Grab SDO Zinc, Total Recoverable lk m L quaryirly Grab SDO Lead, Total Recoverable m L q rterly Grab SDO Cadmium, Total Recoverable m L Xuarterly Grab SDO Chlorides m L quarterly Grab SDO Non -polar Oil & Grease/TPH EPA Method 1664 SGT-HEM m L g/ quarterly Grab SDO H sta dard quarterly Grab SDO Total Rainfall¢ quarterly Rain Gau e - Footnotes: 1 Measurement Frequency: Four times per year du 'ng a measureable storm event. The permittee may petition DWQ to reduce the analytical monitoringfir uency to twice peryear after eight consecutive quarterly monitoring results all within benchmark Val lees. Subse ently, two consecutive benchmark exceedances for any parameter re -institute quarterly monitorin for all Para eters. 2 Grab samples shall be collected within t first 30 minute of discharge. 3 Sample Location: Samples shall be coll ted at each storm ter discharge outfall (SDO): 4 For each sampled measureable storm vent, the total precipi tion must be recorded. An on -site rain gauge reading must be recorded. The permittee shall complete th analytical samplings in ccordance with the schedule specified below in Table 2, unless adverse weather conditi ns prevent sample collection (see Adverse Weather in Definitions). A minimum of 30 ' s must separate successive sample events. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). Part II Page 5 of 11 Permit No. NCS000562 Table 2 Monitoring Schedule Monitoring period1,2 Sample Number Start End Year 1 - Period 1 1 April 1, 2013 June 30, 2013 Year 1- Period 2 2 July 1, 2013 September 30, 2013 Year 1- Period 3 3 October 1, 2013 December 31, 2013 Year 1- Period 4 4 January 1, 2014 March 31, 2014 Year 2 - Period 1 5 April 1, 2014 June 30, 2014 Year 2 - Period 2 6 July 1, 2014 September 30, 2014 Year 2 - Period 3 7 October 1, 2014 December 31, 2014 Year 2 - Period 4 8 January 1, 2015 March 31, 2015 Year 3 - Period 1 9 April 1, 2015 June 30, 2015 Year 3 - Period 2 10 July 1, 2015 September 30, 2015 Year 3 - Period 3 11 October 1, 2015 December 31, 2015 Year 3 - Period 4 12 January 1, 2016 March 31, 2016 Year 4 -- Period 1 13 April 1, 2016 June 30, 2016 Year 4 - Period 2 14 July 1, 2016 September 30, 2016 Year 4 - Period 3 15 October 1, 2016 December 31, 2016 Year 4 - Period 4 16 January 1, 2017 March 31, 2017 Year 5 - Period 1 17 April 1, 2017 June 30, 2017 Year 5 - Period 2 18 July 1, 2017 September 31, 2017 Year 5 - Period 3 19 October 1, 2017 December 31, 2017 Year 5 - Period 4 20 January 1, 2018 March 31, 2018 Footnotes: 1 Maintain quarterly monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the sampling period. For the first term of this permit, the new facility start-up date is uncertain. Permittee need not sample for the listed monitoring periods until the facility comes into operation. Accordingly, the "No Flow" monitoring report is not required during the time before the facility comes into operation. Failure to monitor quarterly per the permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall, or inability to collect a sample because of adverse weather conditions during a monitoring period does not constitute failure to monitor, as long as it is properly reported. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits, but should be used as management guidelines for the permittee's responsive implementation of the Stormwater Pollution Prevention Plan (SPPP). PartII Page 6 of 11 Permit No. NCS000562 Table 3 Benchmark Values for Analytical Monitoring Discharge Characteristics Units -Benchmark' Total Suspended Solids m L 100 Total Nitrogen mg/L 30 Total Phosphorus mg/L 2 Zinc, Total Recoverable mg/L 0.067 Lead, Total Recoverable mg/L 0.03 Cadmium, Total Recoverable mg/L 0.001 Chlorides mg/L 860 Non -polar Oil & Gr ase/TPH [EPA Method 1664 ( GT-HEM)] mg/L 15 pH standar 6-9 Footnote 1. Analytical results mu not be reported via any f the notations, "BDL. ND, BRL, <MDL, <PQL, non -detect" or any simil non -quantitative nota on. Instead, analytical results below method or reporting limits must be r orted on the DMR ' the format, "<XX", where XX is the specific numerical value descriptive of the met odor reporting limit During the first term of this permit, industrial activity and continuing for sample quarterly as provided in Tabl (minimum eight data points). Within a summary report that uses the colle benchmark, and response action sc4e awareness and responsiveness to term of this permit, benchmark e, actions which are shown below fo The summary report shall to the benchmarks identif status that would have bei nd fo the period beginning with the on -site initiation of years nominal duration thereafter, Horsehead shall e 'shall tabulate and interpret the collected data months of start-up Horsehead shall present DWQ with edddata to support any proposed alternative monitoring, me fo� the purpose of maintaining site management �-ntial pollutant discharges from the site. For the first dances Will not activate DWQ's standard Tiered Response r reference i cifically consider and4i in this permit, and shall triggered by the data col terpret the collected data with respect identify the Tiered Response action While DWQ is considering Horsehead's summary report a d,etermining what revisions to the permit, if any, may be reasonable and protective, and coot' ng on for the remainder of the permit term until any such changes in the permit requiremen may be established by DWQ, Horsehead shall be subject to the full provisions of sampling, c parison to the benchmarks, and reporting contained in Part II Section B. All other provisions of the permit remain in effect from the effective date of the permit until exlyiration. Part II Page 7 of 11 Permit No. NCS000562 SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to quickly evaluate the effectiveness of the permittee's implementation of the SPPP, and to assess new sources of stormwater pollution, and to prompt the permittee's response to observed pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed quarterly as specified in Table 4, and concurrent with the required analytical monitoring events. Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the DMR (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored. Table 4 Qualitative Monitoring Requirements Discharge Characteristics Frequencyl Monitoring Location2 Color quarterly SDO Odor quarterly SDO Clarity quarterly SDO Floating Solids quarterly SDO Suspended Solids quarterly SDO Foam quarterly SDO Oil Sheen quarterly SDO Erosion or deposition at the outfall quarterly I SDO Other obvious indicators of stormwater pollution quarterly SDO Footnotes: 1 Measurement Frequency: Four times per year during a measureable storm event. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. Qualitative monitoring must be continued quarterly, and is not eligible for the semi-annual monitoring frequency under step-down provisions that apply to analytical monitoring. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 30 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement Part I1 Page 10 of 11 Permit No. NCS000562 those corrective actions within 60 days of the qualitative monitoring event. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the SPPP. ualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating the effectiveness of the permittee's implementation of the SPPP, and assessing new sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems indicated by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may, but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency and parameters (analytical or qualitative) for a specified time period; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Part II Page 11 of 11 Permit No. NCS000562 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall 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 initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. 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 11, Section A, Paragraph 2(b) of this 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: All requirements, conditions, limitations, and controls contained in this permit (except revised SPPP elements in a permit renewal) shall become effective immediately upon issuance of this permit, 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 permit and updated thereafter on an annual basis. Secondary containment, as specified in Part III, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty tg Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be Part III Page 1 of 9 Permit No. NCS000562 subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 3. Day to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. S. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Prop-cW Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of Part Ili Page 2 of 9 Permit No. NCS000562 personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. Penalties for TamperinE The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 10. penaltiCs for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41). 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Part 111, Page 3 of 9 Permit No. NCSOQ0562 2. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122,22] Part III Page 4 of 9 Permit No. NCS000562 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22], NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. l am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et at. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition 140 CFR 122.41(o]. 6. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .010S(b)(2) may cause this Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Q12eration and n The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 3. Uy,passine of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in Part III Page 5 of 9 Permit No. NCS000562, the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Siamplin Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow MeasUrements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. S. j;g=sentative outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Partill Page 6 of 9 Permit No. NCS000562 6, Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122,411. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are available on the Division's website (httpillportal.ncdenr.org/web/wqlws/sU/ni2dessw). Submittals shall be delivered to the Division no later than 30-days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213 .0506. If the permittee monitors any pollutant more,frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Part III Page 7 of 9 Permit No. NCS000562 SubmittiKig Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to. - Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4.&12-Stormwater Discharges If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. Planned_ Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(I)], This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated NoUCompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. Sam The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass Notice [40 CFR 122.41(m)(3)1: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. Part III Page 8 of 9 Permit No. NC5000562 The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part III Page 9 of 9 L NCS000562, PART IV DEFINITIONS Aa See Clean Water Act Adymc—Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. Allowable Non -St water Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: a. All other discharges that are authorized by a non-stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. c. Discharges resulting from fire -fighting or lire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Be"anagement-Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: htto:!lcf.pub.p at eovinpde5/stormwaterimenuofbmi2s./ind?x.cfm. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk -Storage of LiQuid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Certificate of Coygrage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Division or DWD The Division of Water Quality, Department of Environment and Natural Resources. Part IV Page 1 of 4 Permit No. NCS000562 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EML The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DWQ Regional Office. Two copies of this information and a written request letter shall be sent to the local DWQ Regional Office. After authorization by the DWQ Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit 19. Permit Issuing Authority The Director of the Division of Water Quality (see "Director" above). 20. Permittee The owner or operator issued this permit Part IV Page 2 of 4 Pages Permit No. NCSOQ0562. 21. PQint„Source Discharge of Stnrmwatar Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and d. Meets at least one of the following criteria: L Is listed in appendix D of 40 CFR part 122 on Table If (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Property Damage Substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 26. SignifiCant Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28, Stormwater Discharge Outf ( DO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. Part IV Page 3 of 4 Pages Permit No. NCSOOOS62 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt 30. Stormwater Associated with industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31, Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TMDLI TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at gip: jjoortal.ncdenr.orgjweb jwa Ills/mtu jtmdl. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages 0 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG030000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM for establishments primarily engaged in the following activities: Metal Fabrication In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein. 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 establishments primarily engaged in: ■ Rolling, Drawing, and Extruding of Nonferrous Metals, standard industrial classification (SIC 33S) ■ Heat Treating of Metal (SIC 3398) ■ Fabricating of Metal Products (SIC 34) ■ Manufacturing of Industrial and Commercial Machinery (SIC 35) ■ Manufacturing of Electronic Equipment (SIC 36) ■ Manufacturing of Transportation Equipment (SIC 37) ■ Manufacturing of Measuring and Analyzing Instruments (SIC 38)) ♦ Stormwater point source discharges from like industrial activities deemed by DWQ 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 upon DWQ determination of similarity as provided immediately above, the following activities and associated discharges are excluded from coverage under this General Permit: Establishments primarily engaged in the ship and boat building and repairing (SIC 373), which is covered by general stormwater permit NCG190000. The General Permit shall become effective on November 1, 2012. The General Permit shall expire at midnight on October 31, 2017. Signed this day October 25, 2012. Ordinal s�cjned by Matt Matthews for Charles Wakild, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission 0 TABLE OF CONTENTS Permit No. NCG030000 PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: On -Site Vehicle and Equipment Maintenance Monitoring Requirements Section D: Qualitative Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested S. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination Permit No. NCGO30000 7. Certificate of Coverage Actions 8. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures S. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges S. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS im • Permit No. NCG030000 PART I — INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any point source discharge of stormwater associated with industrial activity to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater is established. A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to a specific impaired water. For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges. If DWQ determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit. Once that individual permit is effective, the facility will no longer have coverage under this General Permit. Note that the permittee must identify impaired waters (scheduled for TMDL development) and waters already subject to a TMDL in the Site Overview, as outlined in the Stormwater Pollution Prevention Plan, Part 11, Section A. During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. Part I Page 1 of 2 Permit No. NCG030000 SECTION B: PERMITTED ACTIVITIES Until coverage under this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina, or to a separate storm sewer system, which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges authorized by this permit and site operations must meet applicable wetland standards, as recorded in 1SA NCAC 213.0230 and .0231, and water quality certification requirements as outlined in 15A NCAC 2H .OSOO. This permit does not relieve the permittee's responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, or decree. Part i Page 2 of 2 Permit No. NCG03000'0 PART II — MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN 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: 1. 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 stormwater discharges. The Site Overview shall contain the following: (a) 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 what the parameters of concern are. (b) 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. (c) 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. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. (e) 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 1I1, Standard Conditions, Section B, Paragraph 3. Part 11 Page 1 of 10 • 0 Permit No. NCG030000 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: (a) Feasibility Study. An annual 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. (b) Secondary Containment Requirements and.Records. Secondary containment is required for: bulk storage of liquid materials including petroleum products: storage in any amount of Section 313 of Title III of the Suoerfund Amendments and Reauthorization Act (SARA) water priority chemicals: and storage in any amount of hazardous substancesin 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 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. (c) 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. 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. Part 11 Page 2 of 10 Permit No. NCG030000 4. 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. S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program 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 than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this permit. 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 stormwater 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. 7. Responsible Party. The SPPP shall identify a specific person(s) 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. 8. 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 he reviewed and updated on an annual basis. The annual update shall include: (a) 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); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a statement that annual training requirements were met in the year past; (e) 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/npdessw). Part II Page 3 of 10 Permit No. NCG030000 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 3) to the Director that the changes have been made. 9. SPPP Implementation. 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 (S) years and made available to the Director or the Director's authorized representative immediately upon request. 10. Solvent Management Plan. Facilities that implement a Solvent Management Plan may so certify, and the requirement for Total Toxic Organics (TTO) monitoring in Part I1, Section B. may be waived. The Solvent Management Plan shall include: (a) an annually updated and quantified inventory of the total toxic organic compounds present on site during the previous three years; (b) a narrative description of the in -plant locations and uses of the toxic organic compounds, the method of disposal including quantities disposed on- and off -site; (c) the management procedures and engineering measures for assuring that toxic organics do not spill or leak into stormwater. DWQ may at its discretion require submittal, review, and approval of the Solvent Management Plan as a condition of continuing the TTO sampling waiver. For those facilities electing to employ the TTO sampling waiver, the permittee shall include the following signed certification statement on each discharge monitoring report: "Based upon my inquiry of the person or persons directly responsible for managing compliance with the permit monitoring requirementfor total toxic or (TTO), I certify that to the best of my knowledge and belief, no leak, spill, or dumping of concentrated toxic organics into the stormwater or onto areas which are exposed to rainfall or stormwater runoff has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing all the provisions of the Solvent Management Plan included in the Stormwater Pollution Prevention Plan." Part 11 Page 4 of 10 • SECTION B: ANALYTICAL MONITORING REQUIREMENTS Permit No. NCG0300M Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at trash stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office. See Definitions. Table 1 Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frequencyl Sample TypeZ Sample Location3 H standard semi-annual Grab SDO -Total Suspended Solids m L semi-annual Grab SDO Non -Polar Oil & Grease / TPH EPA Method 166¢ SGT-HEM mg/L semi-annual Grab SDO Copper, Total Recoverable m L semi-annual Grab SDO Lead, Total Recoverable m L semi-annual Grab SDO Zinc, Total Recoverable m L semi-annual Grab SDO Total Toxic Organics (TTO)4 m L semi-annual Grab SDO Total Rainfa115 inches semi-annual I Rain Gauge I Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 Total Toxic Organics sampling is applicable only for those facilities which perform metal finishing operations, manufacture semiconductors, manufacture electronic crystals, or manufacture cathode ray tubes. For purposes of this permit the definition of Total Toxic Organics is that definition contained in the EPA Effluent Guidelines for the facility subject to the requirement to sample (for metal finishing use the definition as found in 40 CFR 433.1 1; for semiconductor manufacture use the definition as found in 40 CFR 469.12; for electronic crystal manufacture use the definition as found in 40 CFR 469.22; and for cathode ray tube manufacture use the definition found in 40 CFR 469.31.) 5 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted as part of other requirements of this permit. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). Part 11 Page 5 of 10 0 Table 2 Monitoring Schedule Permit No. NCG030000 Monitoring periodl,z Sample Number Start End Year 1 - Period 1 1 January 1, 2013 June 30, 2013 Year 1 - Period 2 2 July 1, 2013 December 31, 2013 Year 2 - Period 1 3 January 1, 2014 June 30, 2014 Year 2 - Period 2 4 July 1, 2014 December 31, 2014 Year 3 - Period 1 5 January 1, 2015 June 30, 2015 Year 3 - Period 2 6 July 1, 2015 December 31, 2015 Year 4 - Period 1 7 January 1, 2016 June 30, 2016 Year 4 - Period 2 8 July 1, 2016 December 31, 2016 Year 5 - Period 1 9 January 1, 2017 June 30, 2017 Year 5 - Period 2 10 July 1, 2017 October 31, 2017 Footnotes: 1 Maintain semi-annual analytical monitoring throughout the permit renewal process (unless other provisions of this permit prompt monthly sampling). 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfail or inability to collect a sample because of adverse weather conditions during a monitoring period, for example does not constitute failure to monitor, as long as it is properly reported. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the implementation of the permittee'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 Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions. In the event that DWQ releases the permittee from continued monthly monitoring under Tier Three, DWQ's release letter remains in effect through the subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3' Benchmark Values for Analytical Monitoring Discharge Characteristics Benchmark Values pH1 6 - 9 standard unitsl Total Suspended Solids (TSS] 100 mg/L TSS CORW, HWQ, Trout & PNA waters 50 mg/L Non -Polar Oil & Grease TPH by EPA Method 1664 SGT-HEM 15 mg/L Copper, Total Recoverable 0.007 mg/L Lead Total Recoverable 0.030 mg/L Zinc, Total Recoverable 0.067 mg/L Total Toxic Organics (TTO) 1 mg/L Footnotes: 1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient precipitation pH levels are lower, then the lower threshold of this benchmark range is the pH of the precipitation instead of 6 S. U. Readings from an on -site or local rain gauge must be documented to demonstrate background concentrations were below the benchmark pH range. Part 11 Page 6 of 10 0 Tier One Permit No, NCG03000r0 I If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall. Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters. Conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. Submit a monthly monitoring report indicating "No Flow" if no discharge occurs during the sampling period. 4. Benchmark exceedances for a different parameter separately trigger a tiered response. S. Maintain a record of the Tier Two response and monitoring results in the SPPP. Tier Three During the term of this permit, if the first valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters; • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for the No Exposure Exclusion. Part 11 Page 7 of 10 Permit No. NCG030000 SECTION C: ON -SITE VEHICLE AND EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil and/or hydraulic oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle and equipment maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Sampling is not required outside of the facility's normal operating hours. Table 4 Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frequencyl Sample Typez Sample Location3 H standard semi-annual Grab SDO Non -Polar Oil & Grease / TPH EPA Method 1664 SGT-HEM mg/L semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge - New Motor Oil Usage gallons/month 1 semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part II Section B. Monitoring results shall be compared to the benchmark values in Table 5. The benchmark values in Table 5 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permiee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 5 Benchmark Values for On -Site Vehicle and Equipment Maintenance Activities Discharge Characteristics Benchmark Values H 6 - 9 standard units Non -Polar Oil & Grease / TPH EPA Method 1664 SGT-HEM 15 mg/L Total suspended solids (TSS) 100 m L TSS ORW, HQW, Trout, and PNA waters 50 m L Part It Page 8 of 10 Permit No, NCGO30000 SECTION D: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the permittee's implementation of the SPPP and to assess new sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 6 and concurrent with the required analytical monitoring events (unless the permittee is required to perform further qualitative sampling per the Qualitative Monitoring Response, below). Inability to sample because of adverse weather conditions must be documented in the SPPP. Only SDOs discharging stormwater associated with Industrial activity must be monitored (See Definitions). Table 6 Qualitative Monitoring Requirements Discharge Characteristics Freyuencyl Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation shall be maintained with the SPPP. Part I1 Page 9 of 10 0 Permit No. NCGO30000 If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the SPPP. Mo Qualitative monitoring is for the purposes of evaluating the effectiveness of the perjittee's implenetaion of the SPPP, and for assessing new sources of stormwater pollution, and for prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may but is not limited to: • require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters (analytical or qualitative); • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Part 11 Page 10 of 10 0 Permit No. NCG030000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall 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 11, 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 111, Paragraph 2 (b) of this general permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the general permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 31B, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be Partill Page 1 of 10 0 Permit No. NCG030000 subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] Any person who knowingly violates section 301, 302, 303, 306, 307, 30B, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(13)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] F. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 31B or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class I1 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability_ Except as provided in Part 111, Section C of this general permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Probe Right The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any Part III Page 2 of 10 1 J Permit No. NCG030000 invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122,41(g)]. Severability The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby [NCGS 150B-231. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the general permit issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this general permit [40 CFR 122.41(h)]. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or hoth [40 CFR 122.41]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 11. Onshore or Offshore Construction This general permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply Dischargers covered by this general permit need not submit a new Notice of Intent (NO[) or renewal request unless so directed by the Division. If the Division chooses not to renew this general permit, the permittee will be notified to submit an application for an individual permit [15A NCAC 02H .0127(e)]. SECTION B: GENERAL CONDITIONS General Permit Expiration General permits will be effective for a term not to exceed five years, at the end of which the Division may renew them after all public notice requirements have been satisfied. If a general permit is renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division. New applicants seeking coverage under a renewed general permit must submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed general permit [15A NCAC 02H .0127(e)]. Part l ll Page 3 of 10 Permit No. NCG030000 2. Transfers This general permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(I)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; C. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit; g. The Director determines at his or her own discretion that an individual permit is required. 4. When an Individual Permit May Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit S. 5ienatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All Notices of Intent to be covered under this general permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. PartI II Page 4 of 10 Permit No. NCG030000 (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the general permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: '7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties forsubmitting false information, including the possibility of fines and imprisonment for knowing violations." General Permit M di Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The Certificate of Coverage shall expire when the general permit is terminated. Certificate of Coverage Actions The general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition [40 CFR 122.41(f)]. PartI11 Page 5 of 10 C� E Permit No. NCG030000 8. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage under the general permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit [40 CFR 122.41(c)]. 3. Bypassing of 5tor1nwatgr Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this general permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representatives rnpling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this general permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. Recording Results For each measurement or sample taken pursuant to the requirements of this general permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; PartIll Page 6 of 10 Permit No. NCG030000 c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. S. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records R,gtentjQn Qualitative monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this general permit, o copies of all data used to complete the Notice of Intent to be covered by this general permit. These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or Notice of Intent application. This period may be extended by request of the Director at any time [40 CFR 122.411. If this volume of records cannot be maintained on -site, the documents must be made available to an inspector upon request as immediately as possible. Inspection and En The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: PartIII Page 7 of 10 Permit No. NCG030000 a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this general permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are available on the Division's website (http-././por-tal.ncdenr.org/web/wq/ws/su/npdessw). Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this general permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this general permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under all Part III Page 8 of 10 0 0 Permit No. NCG030000 other applicable discharge permits and provide this information with the stormwater discharge monitoring report. S. Planned Chanees The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the general permit (40 CFR 122.41(1)(2)]. 7. Spills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part IV of this general permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty-four Hour ReDortin a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10, Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. Part III Page 9 of 10 0 0 Permit No. NCG030000 ll. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this general permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part ❑I Page 10 of 10 PART IV DEFINITIONS 1. Act See Clean Water Act. Permit No. NCG030000 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable Non-Stormwater Discharges This general permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: a. All other discharges that are authorized by a non-stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, irrigation waters, flows from riparian habitats and wetlands. c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (BMP4 Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cf 2ub.epa.gov/nudes f stormwater/menuofbmpsf index.cfm. S. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the general permit and is signed by the Director. B. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or D_WO The Division of Water Quality, Department of Environment and Natural Resources. Part IV Page 1 of 4 0 Permit No. NCG030000 10. Directo The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able. to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DWQ Regional Office. Two copies of this information and a written request letter shall be sent to the local DWQ Regional Office. After authorization by the DWQ Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System M 4 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES stormwater permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 19. Permit Issuing Authority The Director of the Division of Water Quality (see "Director" above). 20. Permittee The owner or operator issued a Certificate of Coverage pursuant to this general permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 6 0 Permit No. NCG03000c . 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and d. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4, or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 2S. Severe Property Damage Substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Discharge Outf l (SDQ) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater Flows directly or indirectly into waters of the State of North Carolina. 29, Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 0 9 Permit No. NCG030000 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan (SPPP) A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at http: j jportal.ncdenr.org/web /w!g/so /mtu jtmdl. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 G 0 CDEN North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 28, 2013 Mr. Timothy Basilone VP, Environmental Affairs Horsehead Metal Products, Inc. 4955 Steubenville Pike Suite 405 Pittsburgh, PA 15205 Subject: Air Permit No. 10248R01 Division of Air Quality Sheila C. Holman Director Horsehead Metal Products, Inc. - Forest City Plant Mooresboro, Rutherford County, North Carolina Permit Class: Synthetic Minor Facility ID# 9100224 Dear Mr. Basilone: John E. Skvarla, III Secretary In accordance with your completed application received July 30, 2013, we are forwarding herewith Permit No. 10248R01 to Horschead Corporation - Forest City Plant, Mooresboro, Rutherford County, North Carolina for the construction and operation of air emissions sources or air cleaning devices and appurtenances. Additionally, any emissions activities determined from your air permit application as meeting the exemption requirements contained in 15A NCAC 2Q .0102 have been listed for information purposes as an "ATTACHMENT" to the enclosed air permit. Please note the records retention requirements are contained in General Condition 2 of the General Conditions and Limitations. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to request a formal adjudicatory hearing within 30 days following receipt of this permit, identifying the specific issues to be contested. Such a request will stay the effectiveness of the entire permit. This hearing request must be in the form of a written petition, conforming to G.S. 15OB-23 of the North Carolina General Statutes, and filed with the Off ce of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The form for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings. Unless a request for a hearing is made pursuant to G.S. 15013-23, this air permit shall be final and binding. Asheville Regional office - Division of Air Quality 2090 U.S. Highway 70, Swannanoa, Forth Carolina 28778 Phone: 828-296-45001 FAX 828-299-7043 Internet: www.ncair.org An Equal Opportunity 1AffirmativeAction Employer- Made in part by Recycled Paper Mir. Timothy Basilone August 28, 2013 Page 2 You may request modification of your air permit through informal means pursuant to G.S. 150B-22. This request must be submitted in writing to the Director and must identify the specific provisions or issues for which the modification is sought. Please note that the permit will become final and binding regardless of a request for informal modification unless a request for a hearing is also made under G.S. 150B-23. Unless exempted by a condition of this permit or the regulations, construction of new air pollution sources or air cleaning devices, or modifications to the sources or air cleaning devices described in this permit must be covered under a permit issued by the Division. of Air Quality prior to construction. Failure to do so is a violation of G.S. 143-215.108 and may subject the Permittee to civil or criminal penalties as described in G.S. 143-215.114A and 143- 215.114B. This permit shall be effective from August 28, 2013 until December 31, 2017, is nontransferable to future owners and operators, and shall be subject to the conditions and Iimitations as specified therein. Changes have been made to the permit stipulations. The Permittee is responsible for carefully reading the entire permit and evaluating the requirements of each permit stipulation. The Permittee shall comply with all terms, conditions, requirements, limitations and restrictions set forth in this permit. Noncompliance with any permit condition is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application. Speck changes and additions are summarized below (note: this list may not include all changes and additions): o One emergency electricity generator (1,040 kilowatt electrical output) powered by a stationary natural gas -fired internal combustion engine (1,462 brake horsepower) is added to the permit; m A condition regarding National Emission Standards for Hazardous Air Pollutants (NESHAP), Subpart ZZZZ for stationary reciprocating internal combustion engines (RICE) is added to the permit; and A Equipment descriptions are updated as requested in your letter dated March 8, 2013. Should you have any questions concerning this matter, please contact Christopher Scott at (828) 246-4500. Sincerely, Paul K. MuIler, P.E. Regional Air Quality Supervisor PKM.ces Enclosures c: AsheviIle Regional Office NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF AIR QUALITY AIR PERMIT NO. 10248ROI Issue Date: August 28, 2013 Expiration Date: December 31, 2017 Effective Date: August 28, 2013 Replaces Permit: 10248R00 To construct and operate air emission source(s) and/or air cleaning device(s), and for the discharge of the associated air contaminants into the atmosphere in accordance with the provisions of Article 21 B of Chapter 143, General Statutes of North Carolina (NCGS) as amended, and other applicable Laws, Rules and Regulations, Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, Rutherford County, North Carolina Permit Class: Synthetic Minor Facility ID# 8100224 (the Permittee) is hereby authorized to construct and operate the air emissions sources and/or air cleaning devices and appurtenances described below: Emission Emission Source Control Control System Source ID Description System 1D Description Area 100 - Leaching 101 oxidic fries handler (with a maximum CD-101 'lone bagflter . process rating of 7.0 tons per hour) (1,467 square feet of filter area) _ ......_ .._..... .......... . _..............._._......................................_. _............ 11Area 200 - Solvent Extraction j 201 jorganic tank (503,565 gallons) N/A N/A 202 thirty-four (34) mixers (6,630 gallons, each) N/A NIA 204.1, 204.2 and 204.3 three stage extraction settling tanks (203,306 gallon capacity, each) NIA NIA 204.4 and 204.5 two washing settling tanks NIA NIA (203,306 gallon capacity, each) 204.6 ffthird stage washing settling tank NIA NIA 4,460 gallon capacity) 204.7 second stage stripping settling tank N/A N/A 1(203,306 gallon capacity) 204.8 first stage stripping settling tank NIA NIA (114,460 gallon capacity) . F 9 i Permit No. 10248ROI Page 2 Emission Emission Source Control Control System Source ID Description System ID ]Description 4.9 depletion settling tank N/A NIA (114,460 gallon capacity) 20 204.10 'loaded electrolyte after settler (114,460 gallon capacity) i....... _ ..._ .............................. ... ........._.. i 204.11 organic regeneration settling tank N/A N/A (14,795 gallon capacity) 204.12 hydrochloric acid after settler (14,795 gallon capacity) NIA NIA 206 hydrochloric acid recovery process CD-206 one packed tower scrubber (minimum liquid injection rate of 15 gpm) j 208 Iliquid VOC service area N/A N/A 219 organic intermediate tank NIA NIA (47,967 gallon capacity) 220_F organic tank from regeneration mixer NIA N/A {5,236 gallon capacity) 'Area 300 - BIeed Treatment 301 bleed treatment exhaust fans NIA i 302 zinc dust handling CD-302 Area 400 - Electrowinnmg �401 electrowinning process (with a maximum process rating of 14,310 gallons per N/A minute) including five coolie towers L.. .......... _.. _..._.._.. _- ............... _ ......._ ....... g.... _......._... .....: jArea 500 - Melting, Alloying and Casting 501 one melting furnace (with a maximum CD-501 power rating of 2,700 kw and ten natural gas -fired burners, each with 0.2 million Btu per hour maximum heat input rate) 502 one Special High Grade (SHG) holding furnace (with a maximum power rating of 450 kw and three natural gas -fired burners, each with 0.2 million Btu per hour maximum heat input rate) 503 one alloy furnace (with a maximum power rating of 450 kw and three natural gas -fired burners, each with 0.2 million Btu per hour maximum heat input rate) N/A one bagfilter (100 square feet of filter area) N/A ie bagfilter 9,596 square feet of filter area Permit No. 10248RO I Page 3 i ..._.._........... _...... _ _ ... ....... . .. ......... _....... ................ ...... ..... Emission Emission Source I Control Control System Source ID Description System ID Description ;Area 500 - Melting, Alloying and Casting (continued) 504 one Prime Western (PW) alloy furnace CD-501 one bagfilter (with a maximum power rating of 450 kw ° (29,596 square feet of filter area) and three natural gas -fired burners, each with 0.2 million Btu per hour maximum I heat input rate) ;Area 600 - PLINT I 601 JPLINT process I NIA N/A Area 700 - Reagents, Preparation and Distribution 701 one limestone silo CD-701 one bagfilter (with a storage volume of 6,200 cubic feet) F (1,039 square feet of filter area) J 702 one Waelz Oxide silo CD-702 : one bagfilter (with a storage volume_ of 5,000 cubic feet) (1,039 square feet of filter area) 703 one Waelz Oxide silo CD-703 bagf Iter .......................... with a storage volume of 5,000 cubic feet) ......................................:.._..._.........._.._.._.._.__............................._....__.._......._. fone 1,039 square feet of filter area} 704 one Waelz Oxide silo [ CD-704 one bagfilter .... . ... ...... (with a storage volume of 5,000 cubic feet) ! .. ...... (1,039 square feet of filter area) 705 _ one Waelz Oxide silo CD-705 lone bagfilter j (with a storage volume of 5,000 cubic feet) (1,039 square feet of filter area) 706 one Waelz Oxide silo CD-706 one bagfilter j(with a storage volume of 5,000 cubic feet) (1,039 square feet of filter area) 707 one Waelz Oxide silo CD-707 one bagfilter (with a storage volume of 5,000 cubic feet) (1,039 square feet of filter area) 708 storage silo building CD-708 one bagfilter (1,467 square feet of filter area) 709 one soda ash silo CD-709 one bagfilter {with a storage volume of 1,000 cubic feet) (280square feet of filter area) ............ .................. ............... _ ..... _... . 710 one lime silo CD-710 one bagfilter (with a storage volume of 1,800 cubic feet) (280 square feet of filter area) Area 800 - Utilities -._........_.._......_............................................................ ........ ........._... ......... ... ..... ......... .... ......... ..................... . _............._............. 801 and 802 two natural gas -fired boilers (36.197 NSPS million Btu per hour maximum heat input N/A N/A rate, each) i. ......... .. ....................... .......... .. ....................................... ....... ... .......... _. ............. ..... .-.....-- ..... -..... .. ..-..... ... . ....... .. ....... .. ... .. .......,,..., .,............,...... 807 one emergency electricity generator ? (1,040 kilowatt electrical output) powered by a stationary natural gas -fired internal NIA N/A combustion engine (1,462 brake horsepower) �J Permit No. 10248ROI Page 4 fEmission Emission Source Control Control System L... Source ID.- �................ _ ...... Description .. System ID _ Description Area 900 - Physical Classification and Grinding 901 lone grinding mill (with a maximum process rating of 15 tons per hour) 902 .one 5-foot by 12-foot screen (with a maximum process rating of 15 tons per hour) 903, 904, four 24-inch belt conveyors 905and 906 s 907 and 908 1two 12-inch screw conveyors CD-901 one bagfilter (9,000 square feet of filter area) in accordance with the completed application 8100224.13A received July 30, 2013 including any plans, specifications, previous applications, and other supporting data, all of which are filed with the Department of Environment and Natural Resources, Division of Air Quality (DAQ) and are incorporated as part of this permit. This permit is subject to the following specified conditions and limitations including any TESTING, REPORTING, OR MONITORING REQUIREMENTS: A. SPECIFIC CONDITIONS AND LIMITATIONS Any air emission sources or control devices authorized to construct and operate above must be operated and maintained in accordance with the provisions contained herein. The Permittee shall comply with applicable Environmental Management Commission Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter 2D .0202, 2D .0503, 2D .0515, 2D .0516, 2D .0521, 2D .0524 (40 CFR 60, Subparts Dc, IIII and JJJJ), 2D .0535, 2D .0540, 2D .0605, 2D .1100, .2D .1111 (40 CFR 63, Subpart ZZZZ), 2D. 1806, 2Q .0315 and 2Q .0711. 2. PERMIT RENEWAL AND EMISSION INVENTORY REQUIREMENT - The Permittee, at least 90 days prior to the expiration date of this permit, shall request permit renewal by letter in accordance with 15A NCAC 2Q .0304(d) and (f). Pursuant to 15A NCAC 2Q .0203(i), no permit application fee is required for renewal of an existing air permit (without a modification request). The renewal request (with AA application form) should be submitted to the Regional Supervisor, DAQ. Also, at Ieast 90 days prior to the expiration date of this permit, the Permittee shall submit the air pollution emission inventory report (with Certification Sheet) in accordance with 15A NCAC 2D .0202, pursuant to N.C. General Statute 143 215.65. The report shall be submitted to the Regional Supervisor, DAQ and shall document air pollutants emitted for the 2016 calendar year. 3. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0503 "Particulates from Fuel Burning Indirect Heat Exchangers," particulate matter emissions from the fuel burning indirect heat exchangers shall not exceed the allowable emission rates listed below: Permit No. 10248ROi Page 5 Source Emission Limit (lbs/million Btu) two natural gas -fired boilers (ID Nos. 801 and 802; 1 36.197 million Btu per hour, maximum heat input 0.35 lb/million Btu rating, each) 4. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0515 "Particulates from Miscellaneous Industrial Processes," particulate matter emissions from the emission sources shall not exceed allowable emission rates. The allowable emission rates are, as defined in 15A NCAC 2D .0515, a function of the process weight rate and shall be determined by the following equation(s), where P is the process throughput rate in tons per hour (tons/hr) and E is the allowable emission rate in pounds per hour (Ibs/hr). E = 4.10 * (P) 11.61 for P <= 30 tons/hr, or E = 55 * (P)'- " - 40 for P >30 tons/fir SULFUR DIOXIDE CONTROL REQUIREMENT - As required by 15A NCAC.2D .0516 "Sulfur Dioxide Emissions from Combustion Sources," sulfur dioxide emissions from the combustion equipment shall not exceed 2.3 pounds per million Btu heat input. 6. VISIBLE EMISSIONS CONTROL REQUIREMENT - As required by 15A NCAC 2D .0521 "Control of Visible Emissions," visible emissions from the emission sources, manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged over a six -minute period, except that six -minute periods averaging not more than 87 percent opacity may occur not more than once in any hour nor more than four times in any 24-hour period. However, sources which must comply with 15A NCAC 2D .0524 "New Source Performance Standards" or .I 110 "National Emission Standards for Hazardous Air Pollutants" must comply with applicable visible emissions requirements contained therein. 7. 15A NCAC 2D .0524 "NEW SOURCE PERFORMANCE STANDARDS" - For the natural gas -fired boilers (ID Nos. 801 and 802), the Permittee shall comply with all applicable provisions, including the notification, testing, reporting, recordkeeping, and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60, Subpart Dc, including Subpart A "General Provisions." a. NSPS Reporting Requirements - In addition to any other notification requirements to the Environmental Protection Agency (EPA), the Permittee is required to NOTIFY the Regional Supervisor, DAQ, in WRITING, of the following: The date construction (40 CFR 60.7) or reconstruction (40 CFR 60.15) of an affected source is commenced, postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-produced facilities which are purchased in completed form; e e Permit No. 10248ROI Page 6 ii. The actual date of initial start-up of an affected source, postmarked within 15 days after such date. If the affected source is permitted to burn multiple fuels, then the actual date of start-up, for each fuel, must be submitted and postmarked within 15 days after such date; b. NSPS-Recordkee irzp g Requirements -In addition to any other recordkeeping requirements of the EPA, the Permittee is required to maintain records as follows: i. The amounts of each fuel combusted during each month; and ii. All records required under this section shall be maintained for a period of two years following the date of such record. 8. NOTIFICATION REQUIREMENT - As required by 15A NCAC 2D .0535, the Pernrzittee of a source of excess emissions that last for more than four hours and that results from a malfunction, a breakdown of process or control equipment or any other abnormal conditions, shall: a. Notify the Director or his designee of any such occurrence by 9:00 a.m.. Eastern time of the Division's next business day of becoming aware of the occurrence and describe: i. the name and location of the facility, ii. the nature and cause of the malfunction or breakdown, iii. the time when the malfunction or breakdown is first observed, iv. the expected duration, and V. an estimated rate of emissions. b. Notify the Director or his designee immediately when the corrective measures have been accomplished. This reporting requirement does not allow the operation of the facility in excess of Environmental Management Commission Regulations. 9. FUGITIVE DUST CONTROL REQUIREMENT - As required by 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources," the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary. If substantive complaints or excessive fugitive dust emissions from the facility are observed beyond the property boundaries for six minutes in any one hour (using Reference Method 22 in 40 CFR, Appendix A), the owner or operator may be required to submit a fugitive dust plan as described in 2D .0540(f). "Fugitive dust emissions" means particulate matter that does not pass through a process stack or vent and that is generated within plant property boundaries from activities such as: unloading and loading areas, process areas stockpiles, stock pile working, plant parking Iots, and plant roads (including access roads and haul roads). Permit No. 10248R01 0 Page 7 103 10. TESTING REQUIREMENT - Under the provisions of North Carolina General Statute 143- 215.108 and in accordance with 15A NCAC 2D .0605, the Permittee shall demonstrate compliance with the emission lir it(s) by testing the emission source(s) for the specified pollutant(s) as follows. Affected Sources HCl recovery process (ID No. 206) Pollutant hydrochloric acid Emission Limit 0.18 lb/hr Test Method DAQ Approved Method electrowinning process; 13.8 lb/day, DAQ Approved (ID No. 401) F sulfuric acid per cooling tower Method (69 lb/day, total) ; a. At least 45 days prior to performing any required emissions testing, the Permittee must submit a testing protocol to the Regional Supervisor, DAQ for review and approval. All testing protocols must be approved by the DAQ prior to performing such tests. b. To afford the Regional Supervisor, DAQ, the opportunity to have an observer present, the Permittee shall PROVIDE the Regional Office, in WRJTING, at least 15 days notice of any required performance test(s). c. Two copies of the test results must be submitted to the Regional Supervisor, DAQ, in accordance with the approved procedures of the Environmental Management Commission within 90 days of the initial operation date. d. This permit may be revoked, with proper notice to the Permittee, or enforcement procedures initiated, if the results of the test(s) indicate that the facility does not meet applicable limitations. e. The source shall be responsible for ensuring, within the limits of practicality, that the equipment or process being tested is operated at or near its maximum normal production rate, or at a lesser rate if specified by the Director or his delegate. f. All associated testing costs are the responsibility of the Permittee. 11. TOXIC AIR POLLUTANT EMISSIONS LIMITATION AND REPORTING REQUIREMENT - Pursuant to 15A NCAC 2D .1100 "Control of Toxic Air Pollutants," and in accordance with the approved application for an air toxic compliance demonstration, the following permit limits shall not be exceeded: Affected Source(s) Toxic Air Pollutant Emission L .......................................... imit oxidic fines handier ICadmium Metal, elemental, (ID No. 101) unreacted (Component of 0.063 Ib/yr CDC) (7440-43-9) Manganese & compounds 0.0288 C lb/day 9 Permit No. 10248RO I Page 8 ........ ....... Affected Source(s) Toxic Air Pollutant organic tank e 7ene (ID No. 201) r(71 --2) lorganic intermediate tank Benzene (ID No. 219) (71-43-2) organic tank from regeneration mixer Benzene — (ID No. 220) (71_43_2 ) Emission Limit � 0.172 1 b/yr 0.171 lb/yr !I 0.171 lb/yr Icombined settlers and mixers in Area 200 Benzene rj 6.86 lb/yr 1(71-43-2) combined tank vents in Area 200 '[Be7174e7nzene ( 2) 0.0015 Wyn IF2.03 lb/yr component fugitive emissions in Area 200 !J�e ..... ....... zinc dust handling f Cadn-dum. Metal, elemental (ID No. 302) unreacted (Component Of 0.329 Jb/yr CDC) (7440-43-9) Chromium (VI) Non - Specific Compounds, as I ! 0,002 lb/yr Chrom(VI) (Component C . ICRC) (NSCR6) Manganese & compounds 0.00689 (N4NC) lb/day C) electrowinning process Manganese & compounds 1.96 lb/day ay (ID No. 401) Z� C) � Sulfuric acid 2.875 lb/h-r r (7664-93-9) '1 69 lb/day melting furnaces Cadmium Metal, elemental, �(ID Nos. 501, 502, 503 and 5 04) 1 unreacted (Component of 0.412 lb/yr 1' ta CDC) (7440-43-9) Waelz Oxide silo Cadmium Metal, elemental, (ID No. 702) unreacted (Component of 0.329 lb/yr CDC) (7440-43-9) VI) J4on- Sptec0i7fic Compounds, as 0.002 lb/yr (Component 'CRC) (NSCR6) langanese & compounds .00689 \4NC) lb/day Permit No. 10248R0I Page 9 �j Emission Toxic Air Pollutant Affected Source(s) aelz Oxide silo ) No. 703) aelz Oxide silo ) No. 704) ium Metal, elemental, ,ted (Component of 0.329 lb/yr (7440-43-9) Chromium (VI) Non - Specific Compounds, as Chrom(VI) (Component 0.002 lblyr CRC) (NSCR6) Manganese & compounds 0.00689 (MNC) '---'-lb/day 'ICadmium Metal, elemental, j . unreacted (Component of i 0.329 lb/yr iCDC) (7440-43-9) Chromium (VI) Non - Specific Compounds, as Chrom(VI) (Component YCRC) (NS-CR6) & compounds 0.002 lb/yr 0 ITI 1". =0 Waclz Oxide silo f Cadmium Metal, elemental, (ID No. 705) unreacted (Component of 0.329 lb/yr CDC) (7440-43-9) j Chromium (VI) Non - Specific Compounds, as 0.002 lb/yr 'Chrom(VI) (Component .'CRC) (NSCR6) i�-Manganese & compounds 0.00689 1 lb/day Waelz Oxide silo JD No. 706) Cadmium Metal, elemental, unreacted (Component of 0.329 lb/yr CDC) (7440-43-9) �jChromium (VI) Non - Specific Compounds, as i 0.002 Ib/yr Chrom(VI) (Component CRC) (NSCR6) .. ......... . . JManganese & compounds 0.00689 lb/day • Permit No. 10248R0I Page 10 Source(s) Waelz Oxide silo (ID No. 707) storage silo building (ID No. 708) Tvzic Air Pollutant Emission Limit Cadmium Metal, elemental, unreacted (Component of 0.3291b/yr CDC) (7440_ 43-9) Chromium (VI) Non - Specific Compounds, as 0.002 lb/yr Chrom(VI) (Component ll CRC) (NSCR6) Manganese & compounds ; 0.00689 Cadmium Metal, elemental, _ - - unreacted (Component of 1.591b/yr CDC) (7440-43-9) 1Chromium (VI) Non - Specific Compounds, as Chrom(VI) (Component 0.01 lb/yr CRC) (NSCR6) 'Manganese & compounds 0.0331 (MNC) lb/day secondary crushing and screening Cadmium Metal, elemental, (ID Na. 901, 902, 903, 904, 905, 906, 907 urzreacted (Component of ;' 0.3071b/yr and 908) CDC) (7440-43-9) Manganese & compounds 0 142 lb/day natural gas -fired boiler ;Formaldehyde 0.00291b/yr (ID No. 801) _. _ 11(50-00-0) natural gas -fired boiler Formaldehyde ; 0.0029 lblyr (ID No. 802) (50-00-0) 11 a. The facility equipment shall be constructed and operated according to the parameters set forth in the submitted modeling result approved by DAQ on June 25, 2012. b. Compliance with the modeled sulfuric acid emission rates is established through the stack testing requirements of Specific Condition 10. c. Representative samples of particulate matter from each of the following groups of bagfilters shall be tested for the following cadmium, chromium, lead, manganese and nickel: i. Group A: Bagflters CD-101 and CD-901; ii. Group B: Bagfilters CD-302, CD-702, CD-703, CD-704, CD-705, CD-706, CD-707 and CD-708; and Permit No. 10248ROI Page 1 I 10) iii. Group C: Bagfilter CD-501. Test results shall be sufficient to demonstrate that the composition of the dust captured by the bagfilter complies with respective modeled emission rates, Toxic Pollutant Emission Rates (TPERs), or the HAP emission limit. Samples shall be tested on an annual basis and the results shall be submitted to the Regional Supervisor, DAQ by January 30 of each calendar year. 12. CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A NCAC 2D .1806 "Control and Prohibition of Odorous Emissions" the Permittee shall not operate the facility without implementing management practices or installing and operating odor control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility's boundary. 13. LIMITATION TO AVOID 15A NCAC 20.0501 - Pursuant to 15A NCAC 2Q .03I5 "Synthetic Minor Facilities," to avoid the applicability of 15A NCAC 2Q .0501 "Purpose of Section and Requirement for a Permit," as requested by the Permittee, facility -wide emissions shall be less than the following: J Pollutant 1 Emission Limit I (Tons per consecutive 12-month period) PM10 100 Individual HA -Ps (HCl) 10 Total HA -Ps... 25 a. Inspection and Maintenance Requirements Bagfilter Requirements - Particulate matter emissions shall be controlled as described in the permitted equipment list, To comply with the provisions of this permit and ensure that emissions do not exceed the regulated limits, the Pernttee shall perform periodic inspections and maintenance (I&M) as recommended by the manufacturer. In addition, the Permittee shall perform an annual (for each 12 month period following the initial inspection) internal inspection of each bagfilter system. ii. PM -Scrubber (Packed Tower) Requirements - Particulate matter and hydrochloric acid emissions shall be controlled as described in the permitted equipment list. To comply with the provisions of this permit and ensure that emissions do not exceed the regulatory limits, the Permittee shall perform periodic inspections and maintenance (I&M) as recommended by the manufacturer. In addition, the Permittee shall perform an annual (for each 12 month period following the initial inspection) internal inspection of each scrubber system. As a minimum, the I&M program and each annual inspection should include the inspection of spray nozzles, packing material, chemical feed system (if so equipped), and the cleaning/calibration of all associated instrumentation. Permit No. 10248ROI Page 12 b. Recordkeeping Requirements - The results of all bagfilter and scrubber inspections and any variance from manufacturer's recommendations or from those given in this permit (when applicable) shall be investigated with corrections made and dates of actions recorded in a logbook. Records of all maintenance and monitoring activities shall be recorded in the logbook. The logbook (in written or electronic form) shall be kept on -site and made available to DAQ personnel upon request. 14. TOXIC AIR POLLUTANT EMISSIONS LIMITATION RE UIREMENT - Pursuant to 15A NCAC 2Q .0711 "Emission Rates Requiring a Permit," for each of the below listed toxic air pollutants (TAPs), the Permittee has made a demonstration that facility -wide actual emissions do not exceed the Toxic Permit Emission Rates (TPERs) listed in 15A NCAC 2Q .0711. The facility shall be operated and maintained in such a manner that emissions of any listed TAPs from the facility, including fugitive emissions, will not exceed TPERs listed in 15A NCAC 2Q .071 L a. A permit to emit any of the below listed TAPs shall be required for this facility if actual emissions from all sources will become greater than the corresponding TPERs. b. PRIOR to exceeding any of these listed TPERs, the Permittee shall be responsible for obtaining a permit to emit TAPs and for demonstrating compliance with the requirements of 15A NCAC 2D .1100 "Control of Toxic Air Pollutants". c. In accordance with the approved application, the Permittee shall maintain records of operational information demonstrating that the TAP emissions do not exceed the TPERs as listed below: Acute ' Carcinogens Chronic � Systemic Acute Pollutant j (lb/yr) Toxicants Toxicants Irritants i -- - (lb/day) (lb/hr} (lb/hr) - - - .'hydrogen chloride (hydrochloric— 0.18 acid) (7647-01-0) I nickel metal (Component of NIC) (7440-02-0) xylene (mixed isomers) 57 16.4 (1330-20-7) .................. I 15. 15A NCAC 2D .1 I I I "National Emission Standards for Hazardous Air Pollutants"- For the natural gas -fired emergency electrical generator (ID No. 807), the Permittee shall comply with all applicable provisions, including the maintenance and recordkeeping requirements contained in Environmental Management Commission Standard 15A NCAC 2D .I 111, as promulgated in 40 CFR 63, Subpart ZZZZ, "National Emission Standards for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating Internal Combustion Engines (RICE)", including Subpart A "General Provisions." The Permittee shall comply with the definition of emergency stationary RICE in 40 CFR 63,6675 and the following stationary RICE provisions. Permit No. 10248RO I Page 13 •) a. Compliance Date - The compliance date is October 19, 2013 b. Maintenance and Work Practices - Pursuant to 40 CFR 63.6603(a), to 40 CFR 63.6605, 63.6625(e), (h) and 0), and 63.6640 the Permittee shall comply with the .following: Change the oil and filter every 500 hours of operation or annually, whichever comes first. The Permittee has the option to use an oil analysis program as described in Section c. below in order to extend the specified oil change requirements. ii. Inspect the spark plugs every I,000 hours of operation or annually, whichever comes first, and replace as necessary. iii. Inspect all hoses and belts every 500 hours of operation or annually, whichever comes first, and replace as necessary. iv. Operate and maintain the engine and control device (if any) according to the manufacturer's emission related written instructions or maintenance plan developed by the Pern ittee that minimizes emissions from the engine to the extent practicable. V. Install a non-resettable hour meter if one is not already installed. vi. Minimize the engine's time spent at idle during startup and minimize the engine's startup time to a period needed for appropriate and safe loading of the engine, not to exceed 30 minutes, after which time the non -startup emission limitations apply. vii. If the engine is operating during an emergency and it is not possible to shut down the engine in order to perform the management practice requirements on the schedules required in Sections b.i., b.ii., and b.iii., above, or if performing the management practice on the required schedules would otherwise pose an unacceptable risk under federal, state or local Iaw, the management practices can be delayed until the emergency is over or the unacceptable risk under federal, state, or local law has abated. The management practice shall be performed as soon as possible after the emergency has ended or the unacceptable risk has abated. The Permittee shall report any failure to perform the management practice on the schedule required and the federal, state, or local Iaw under which the risk was deemed unacceptable. viii. If the Permittee does not operate the engine according to the requirements in Sections A. and B. below, then the engine will not be considered an emergency engine under NESIMP Subpart ZZZZ and must meet all requirements for non - emergency engines. A. There is no time limit on the use in emergency situations. L] Permit No. 10248ROI Page 14 B. The Permittee may operate the engine for any combination of the purposes specified in Sections (I) through (II) below for a maximum of 100 hours per calendar year. The engine may be operated for maintenance checks and readiness testing, provided that the tests are recommended by federal, state or local government, the manufacturer, the vendor, the regional transmission authority or equivalent balancing authority and transmission operator, or the insurance company associated with the engine. The Permittee may petition the Division of Air Quality (DAQ) Regional Supervisor for approval of additional hours to be used for maintenance checks and readiness testing, but a petition is not required if the Permittee maintains records indicating that federal, state, or local standards require maintenance and testing of the engine beyond 100 hours per calendar year. II. The engine may be operated for periods where there is a deviation of voltage or frequency of 5 percent or greater below standard voltage or frequency. ix. At all times the Permittee shall operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by this standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to DAQ which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. c. Oil Analysis Pro rg.arn - Pursuant to 40 CFR 63.66250), the Permittee may use an oil analysis program in order to extend the oil change requirements specified in Section b.i. above. The oil analysis must be performed at the same frequency specified for changing the oil. If any of the limits listed below are exceeded, the Permittee shall change the oil within two (2) business days of receiving the results of the analysis. If the engine is not in operation when the results of the analysis are received, then the oil must be changed within two (2) business days or before commencing operation, whichever is later. Total Acid Number increases by more than 3.0 milligrams of potassium hydroxide (KOH) per gram from Total Acid Number of the oil when new; or ii. Viscosity of the oil has changed by more than 20 percent from the viscosity of the oil when new; or iii. Water content (by volume) is greater than 0.5%. Permit No. 10248ROI Page 15 40 f If all of the above limits are not exceeded, the Permittee is not required to change the oil before continuing to use the engine. d. Recordkee in - Pursuant to 40 CFR 63.6655 (e) and (f), the Permittee shall keep records for at Ieast five (5) years showing: I. The engine was operated and maintained according to the manufacturer's emission related operation and maintenance instructions or the Permittee's maintenance plan which must provide for the maintenance and operation of the engine in a manner consistent with good air pollution control practice for minimizing emissions. ii. If applicable, the parameters that are analyzed as part of the oil analysis program, the results of the analysis, and the oil changes for the engine. iii. The hours of operation of the engine that is recorded through the non-resettable hour meter. The Permittee shall document how many hours are spent for emergency operation; including what classified the operation as emergency and how many hours are spent for non -emergency operation. iv. Reporting Requirement - The Permittee is required to NOTIFY the Regional Supervisor, DAQ, in WRITING, of the actual date of initial start-up of affected sources operated at this facility, postmarked within 15 days after such date. 16. Federal Rules Applicable to Sources Exempted from Air Permitting, Requirements - Your facility is subject to the following federal rules: I40 CFR 60 - NSPS - Subpart IIII - Standards of Performance for Stationary Compression Ignition Internal Combustion Engines (ID Nos. I-804, I-805 and 1-806) . (40 CFR 60 - NSPS - Subpart JJJJ - Standards of Performance for Stationary Spark Ignition Internal Combustion Engines (ID No I-803) 40 CFR 63 - NESHAP/MACT -- Subpart ZZZZ -- Standards of Performance for Reciprocating Internal Combustion Engines (ID Nos. I-803, I-804, I-805 and I-806) which are applicable some of the emission sources at your facility listed on the "Insignificant/Exempt Activities" list attached to this permit. The purpose of this permit condition is to inform you of your compliance obligations to these applicable rules as they are enforceable. 17. Reporting Requirement - The Permittee is required to NOTIFY the Regional Supervisor, DAQ, in WRITING, of the actual date of initial start-up of affected sources operated at this facility, postmarked within 15 days after such date. Permit No. 10248ROI Page 16 B. GENERAL CONDITIONS AND LIMITATIONS 1. TWO COPIES OF ALL DOCUMENTS, REPORTS TEST DATA, MONITORING DATA, NOTIFICATIONS: REQUESTS FOR RENEWAL, AND ANY OTHER INFORMATION REQUIRED BY THIS PERMIT shall be submitted to the: Regional Air Quality Supervisor North Carolina Division of Air Quality Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 (828) 296-4500 For identification purposes, each submittal should include the facility name as listed on the permit, the facility identification number, and the permit number. 2. RECORDS RETENTION REQUIREMENT - Any records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. These records shall be maintained in a form suitable and readily available for expeditious inspection and review. These records must be kept on site for a minimum of 2 years, unless another time period is otherwise specified. 3. ANNUAL FEE PAYMENT -Pursuant to 15A NCAC 2Q .0203(a), the Permittee shall pay the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a timely manner will cause the DAQ to initiate action to revoke the permit. 4. EQUIPMENT RELOCATION - A new air permit shall be obtained by the Permittee prior to establishing, building, erecting, using, or operating the emission sources or air cleaning equipment at a site or location not specified in this permit. 5. REPORTING REQUIREMENT - Any of the following that would result in previously unpermitted, new, or increased emissions must be reported to the Regional Supervisor, DAQ: a. changes in the information submitted in the application regarding facility emissions; b. changes that modify equipment or processes of existing permitted facilities; or c. changes in the quantity or quality of materials processed. If appropriate, modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission Iimitations specified herein. 6. This permit is subject to revocation or modification by the DAQ upon a determination that information contained in the application or presented in the support thereof is incorrect, conditions under which this permit was granted have changed, or violations of conditions contained in this permit have occurred. The facility shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air pollution. Permit No. 10248R0I 0 ") Page 17 !; Unless otherwise specified by this permit, no emission source may be operated without the concurrent operation of its associated air cleaning device(s) and appurtenances. 7. This permit is nontransferable by the Permittee. Future owners and operators must obtain a new air permit from the DAQ. 8. This issuance of this permit in no way absolves the Permittee of liability for any potential civil penalties which may be assessed for violations of State law which have occurred prior to the effective date of this permit. 9. This permit does not relieve the Permittee of the responsibility of complying with all applicable requirements of any Federal, State, or Local water quality or land quality control authority. 10. Reports on the operation and maintenance of the facility shall be submitted by the, Permittee to the Regional Supervisor, DAQ at such intervals and in such form and detail as may be required by the DAQ. Information required in such reports may include, but is not limited to, process weight rates, firing rates, hours of operation, and preventive maintenance schedules. 11. A violation of any term or condition of this permit shall subject the Permittee to enforcement pursuant to G.S. 143-215.114A, 143-215.1 I4B, and 143-215.114C, including assessment of civil and/or criminal penalties. 12. Pursuant to North Carolina General Statute 143-215.3(a)(2), no person shall refuse entry or access to any authorized representative of the DAQ who requests entry or access for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. Refusal of entry or access may constitute grounds for permit revocation and assessment of civil penalties. 13. The Permittee must comply with any applicable Federal, State, or Local requirements governing the handling, disposal, or incineration of hazardous, solid, or medical wastes, including the Resource Conservation and Recovery Act (RCRA) administered by the Division of Waste Management. 14. PERMIT RETENTION REQUIREMENT - The Permittee shall retain a current copy of the air permit at the site. The Permittee must make available to personnel of the DAQ, upon request, the current copy of the air permit for the site. 15. CLEAN AIR ACT SECTION 112(r) REQUIREMENTS - Pursuant to 15A NCAC 2D .2100 "Risk Management Program," if the Permittee is required to develop and register a risk management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the Permittee is required to register this plan with the USEPA in accordance with 40 CFR Part 68. 16. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY - Pursuant to Title I Part A Section 112(r)(1) of the Clean Air Act "Hazardous Air Pollutants - Prevention of Accidental Releases - Purpose and General Duty," although a risk management plan may not s Permit No. 10248RO I Page 18 be required, if the Permittee produces, processes, handles, or stores any amount of a listed hazardous substance, the Permittee has a general duty to take such steps as are necessary to prevent the accidental release of such substance and to minimize the consequences of any release. This condition is federally -enforceable only. 17. _GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS - If emissions testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing to the DAQ in support of a permit application or to demonstrate compliance, the Permittee shall perform such testing in accordance with 15A NCAC 2D .2b00 and follow all DAQ procedures including protocol approval, regional notification, report submittal, arid test results approval. Permit issued this the 28`h of August, 2013. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION " 2-, 4 , Paul K. Muller, P.E. Regional Air Quality Supervisor By Authority of the Environmental Management Commission Air Permit No. 10248RO i ATTACHMENT to Permit No. 10248RO1, August 28, 2013 Insignificant / Exempt Activities Exemption Source of Source of Source Title V. Regulation TAPS? Pollutants 1-803 - one emergency electricity generator (475 kW electrical output) powered by a stationary 2Q .0102 yes Yes natural gas -fired internal combustion engine (c)(2)(B)(v)(1) (637 brake horsepower)........._ ................._...................... . I-804,1-805 and I-806 - three diesel -fired fire 2Q .0102 yes Yes pumps (282 brake horsepower, each) (c)(2)(B)(v)(III):� 1. Because an activity is exempted from being required to have a permit or permit modification does not mean that the activity is exempted from an applicable requirement or that the owner or operator of the source is exempted from demonstrating compliance with any applicable requirement. 2. When applicable, emissions from stationary source activities identified above shall be included in determining compliance with the permit requirements for toxic air pollutants under 15A NCAC 2D .1100 "Control of Toxic Air Pollutants" or 2Q .0711 "Emission Rates Requiring a Permit."