NCG050000_Response to Comments_20230601

Response to Comments:
April - May 2023 Public Notice of:
• NCG050000 (Apparel, Printing, Leather, and Rubber)
• NCG070000 (Stone, Clay, and Glass)
• NCG110000 (Treatment Works)
• NCG130000 (Non-Metal Waste and Scrap)
• NCG210000 (Timber Products)
DE
June 1, 2023

Response to Comments on 2023 General Permit Renewals
Table of Contents
Section 1: Overview of Permit Updates
1.1 New General Permits Versus Expired General Permits
1.2 Final General Permits Versus Publicly Noticed Draft General Permits
Section 2: Public Comments and DEMLR Responses
2.1 Comments pertaining to all General Permits
2.2 Comments on NCG050000 (Apparel, Printing, Leather, and Rubber)
2.3 Comments on NCG070000 (Stone, Clay, and Glass)
2.4 Comments on NCG110000 (Treatment Works)
2.5 Comments on NCG210000 (Timber Products)
Note: Section 2 does not include a sub-section on NCG130000 (Non-Metal Waste and Scrap)
because DEMLR did not receive any specific comments on that permit.
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Response to Comments on 2023 General Permit Renewals
Section 1 : Overview of Permit Updates
1.1 New General Permits Versus Previous General Permits
This batch of General Permits has been significantly reorganized and improved during the permit renewal
process. The "top five" changes in the new general permits versus the recently expired versions include the
following:
#1. Baseline analytical monitoring is required quarterly.
The intent of this change is to improve the tier response system and to capture stormwater data during each
season. Required baseline monitoring parameters such as pH and TSS are basic Stormwater Control
Measure (SCM) effectiveness indicators. As required by EPA's Electronic Reporting Rule, monitoring data
will be recorded in DEQ's eDMR system. The Division will be able to make better use of the data that is
collected to facilitate future decisions about NPDES Industrial Stormwater Permit Monitoring requirements.
NCG210000: Timber Products' required parameters will remain the same.
#2. Removal of Feasibility Study requirement from SWPPP.
The newly renewed General Permits has removed the Feasibility Study requirement. The Division has
deemed is unnecessary and redundant in terms of other SWPPP requirements.
#3. Addition of Solvent Management Plan for SWPPP.
If a facility uses, receives, stores, or disposes of solvents then the permittee shall develop a Solvent
Management Plan to demonstrate that no solvent waste enters a stormwater discharge stream. The Plan
will ensure permittees determine whether their solvents are hazardous and must be managed and disposed
of properly per the RCRA Hazardous Waste Regulations.
#4. Implementing a 6-month grace period for current permittees before analytical monitoring begins
for NCG050000, NCG070000, NCG110000, and NCG130000
Current permittees under General Permits that did not previously have required baseline analytical
monitoring will begin monitoring in Quarter 1, 2024 (January 1 — March 31). This will allow time for staff and
facilities as well as DEQ staff to prepare for monitoring requirements and eDMR registration. Qualitative
monitoring should be conducted as usual, without a grace period.
#5. Many organizational improvements were made in the permits, including:
• Links are provided throughout the permits to definitions and other sections.
• Requirements and definitions are standardized.
• Footnotes were moved to requirements
• Bullet Points were changed to Roman Numerals for ease of reference.
• Bolding/italicizing throughout the permit was removed.
• Text was broken into manageable sizes
• References were updated.
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Response to Comments on 2023 General Permit Renewals
1.2 Final General Permits Versus Publicly Noticed Draft General Permits
Below is a summary of changes that were made between the permits that went to public notice in April-May
2023 and the final permits that were issued on June 1, 2023.
Changes in all General Permits:
• B-7 Removal of"Facility Inspections" section since facility inspections are already reference in B-10
(Preventative Maintenance and Good Housekeeping)
• C-6. Changed wording to be more consistent with realistic instances of Bypasses.
• E-3. Changed heading from 'PFAS Monitoring' to 'Emerging Contaminants'
• E-8. Clarified some Tier Response language.
• F-2. Moved guidance for when DMRs are due from F-6 to F-2.
• F-6. Trimmed down this section. Moved some sentences to other sections.
• H-15. Added guidance for the referenced Action Plan for Tier Three that was missing in the Draft
General Permits.
Additional changes in NCG050000(Apparel, Printing, Leather and Rubber):
• E-1. Changed the monitoring grace period from 4 months to 6 months. Permittees will begin analytical
monitoring in Quarter 1 of 2024 (January 1st)to allow more time to prepare for analytical monitoring.
Additional changes in NCG070000(Stone, Clay, and Glass):
• E-1. Changed the monitoring grace period from 4 months to 6 months. Permittees will begin analytical
monitoring in Quarter 1 of 2024 (January 1st)to allow more time to prepare for analytical monitoring.
Additional changes in NCG110000(Treatment Works):
• E-1. Changed the monitoring grace period from 4 months to 6 months. Permittees will begin analytical
monitoring in Quarter 1 of 2024 (January 1st)to allow more time to prepare for analytical monitoring.
Additional changes in NCG130000(Non-Metal Waste and Scrap):
• E-1. Changed the monitoring grace period from 4 months to 6 months. Permittees will begin analytical
monitoring in Quarter 1 of 2024 (January 1st)to allow more time to prepare for analytical monitoring.
Additional changes in NCG210000(Timber Products):
• B-6. Removed the BMP Inspection Section.
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Response to Comments on 2023 General Permit Renewals
Section 2. Public Comments and DEMLR Responses
2.1 Comments Pertaining to all General Permits
Comment: The monitoring frequency should not be increased from semi-annual to quarterly.
Response: NC DEQ NPDES Stormwater Program is administered on behalf of US EPA. The 2021
US EPA Multi-Sector General Permit (MSGP) requires quarterly monitoring of
indicators pH, Total Suspended Solids (TSS), and Chemical Oxygen Demand (COD)
on a quarterly basis for subsectors included in this year's General Permit renewal. (See
Table 4.1 of US EPA 2021 MSGP)The subsectors include:
• Allied paper products
• Inks and paints,
• Cement product manufacturing,
• Clay materials,
• Recycling facilities,
• Treatment works,
• Apparel, Fabric, and Leather products,
• Printing, publishing, allied industries and,
• Plastics and Rubber product manufacturing.
The purpose of analytical monitoring is to alert permittees to potential pollution
problems on site and is meant to be a proactive measure. Under semi-annual
monitoring, stormwater discharges throughout much of the year went unchecked.
Quarterly monitoring will allow permittees to better gauge what is coming off their sites
and take the necessary corrective actions when applicable.
Comment: Changes to these General Permits exceed federal requirements through US EPA. The
draft general permit conflicts with the Administrative Procedures Act which limits the
Departments authority to be more restrictive than federal law or rule.
Response The Memorandum of Agreement between US EPA and NC DEQ states that NC DEQ
Stormwater Program has been delegated by the US EPA to administer the NPDES
program how NC DEQ sees fit. "The State has the primary responsibility to establish
the State NPDES program priorities that are consistent with national NPDES goals and
objectives." Requirements set forth by NC DEQ are consistent with US EPA's
requirements, not more stringent. This is codified in federal law Title 40, Chapter I,
Subchapter D, Part 123. As per procedure, drafts of the General Permits have been
sent to EPA for comment.
Comment: Remove benchmark values for Total Suspended Solids (TSS), pH, and Chemical
Oxygen Demand (COD). Other states such as Georgia do not have established
benchmarks nor require analytical monitoring.
Response: The Stormwater Program provides benchmarks with assistance from the Division of
Water Resources' Classifications and Standards, Rules Review Branch and are a
requirement of our program. DWR staff members use data from multiple sources to
develop stormwater benchmarks, including EPA's National Recommended Water
Quality Criteria, the National Primary Drinking Water Regulation (40 CFR 141.11), and
NC Surface Water Quality Standards (15A NCAC 02B .0200). When these resources
do not contain information for a particular pollutant of concern, benchmarks are
calculated per 15A NCAC 2B .0200 using peer-reviewed toxicity data. All NPDES
Stormwater Industrial permits include a table that lists the parameters that an industrial
facility is required to monitor, and the benchmarks associated with each parameter.
Benchmarks are different from effluent limits because a stormwater discharge
concentration that exceeds a benchmark concentration in the permit table is not a
violation of a stormwater permit.
Comment: Facilities who have never sampled will now need to learn how to sample. Required
quarterly analytical monitoring completely changes the workload and stresses
associated with stormwater compliance.
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Response to Comments on 2023 General Permit Renewals
Response: The Stormwater Program will allow the grace period to span until Quarter 1 of 2024 for
permittees who previously did not complete baseline analytical monitoring. When
General Permits NCG050000, NCG070000, NCG110000, and NCG130000 renew,
current permittees will begin monitoring in Quarter 1, (Jan 1 2024—March 31 2024)
and then follow the standard monitoring schedule. This will allow time to prepare for
analytical monitoring, establish the correct sampling personnel, and familiarize
themselves with the General Permit.
Comment: Push grace period back to allow for 12 full months until start of analytical monitoring
requirement.
Response: See above referenced comment. We will allow permittees a 6 month grace period.
Without the grace period, permittees would need to begin monitoring July 1 which is not
enough time for facility staff to prepare.
Comments: Limit the requirements to track new motor oil and hydraulic oil usage and conduct
sampling of non-polar oil &grease to vehicle maintenance areas with potential
exposures to stormwater(ex. Outdoor and uncovered areas)and clarify"vehicle
maintenance areas" in draft permit.
Response: Permittees will sample for Non Polar Oil & Grease at outfalls that discharge stormwater
runoff from vehicle maintenance areas if the facility uses more than 55 gallons of new
motor and/or hydraulic oil a month when averaged over a calendar year. The average
monthly usage of motor oil and hydraulic oil used for vehicle maintenance and
equipment shall be tracked and recorded regardless of if the activity is outdoors.
Comment: NCDEQ does not have the staff to process hundreds of eDMR requests at one
time. Most of these facilities will not have registered with eDMR because they had no
required reporting. After these permits go into effect, they will all be submitting their
eDMR registration info.
Response: NC DEQ Stormwater Program is better staffed than this time last year. NC DEQ is
undergoing a Permit Transformation Process (PTP)that will significantly streamline and
update the permit issuance and reporting process.
Comment: The relationship between Tier 3 status and the other two statuses is not clear.
Recommend Tier 3 status be removed from permit.
Response: The Tier Response guidance has been updated to explain the progression more
clearly. If three consecutive samples produce results for all parameters below
benchmark (or in range, in the case of pH), then the outfall "resets"to Tier One, and the
count starts over, resetting to"No Tier". The old permit referenced a "Facility"tier
status, which is not accurate wording. We have updated the wording. Tier status
belongs to an outfall, not facility wide. An outfall goes straight into Tier Three if there
are any four exceedances of the same parameter in a permit cycle, even when it has
never been in Tier One or Tier Two. An outfall also can go into Tier Three if it's in Tier
One or Tier Two and has not dropped out with 3 consecutive results under benchmark
for all parameters.
Comment: Remove Tier Response system until appropriate benchmark values are available and
established.
Response: Stormwater benchmark values are a requirement of our program. A benchmark
exceedance is not a permit violation, but an opportunity to assess SCM effectiveness,
identify the source of the exceedance, and correct it. Our program requirements are
consistent with US EPA standards via the Memorandum of Agreement between US
EPA and NC DEQ.
Comment: Remove the Solvent Management Plan. Many facilities already record solvent usage
through other requirements. This would be extra work for the permittee.
Response: Permittees may reference their already-existing Solvent usage plans in their SWPPP if
it satisfies the same requirements as the Solvent Management Plan. Guidance for this
will be added to the final General Permit.
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Response to Comments on 2023 General Permit Renewals
2.2 Comments on NCG050000 (Apparel, Printing, Leather, and Rubber)
Comment: Analytical monitoring requirements for NCG05 exceeds federal regulations.
Response: Our monitoring requirements for sampling for pH, Total Suspended Solids, and
Chemical Oxygen Demand are consistent with federal regulations per The
Memorandum of Agreement between US EPA and NC DEQ. pH, TSS, and COD are
standard indicators of industrial stormwater pollution per the US EPA 2021 Multisector
General Permit and help gauge the effectiveness of Best Management Practices
(BMPs).
Comment: Many"light industry"operations are covered and/or industrial activity is not exposed to
stormwater. Analytical monitoring is excessive.
Response: NC DEMLR Stormwater Program offers a No Exposure Exclusion for industrial facilities
whose activities are not exposed to stormwater. A No Exposure has no analytical
monitoring, no SWPPP, and is overall less burdensome to permittees. We provide
factsheets on No Exposure site conditions via EPA's Guidance Manual and an EPA
Factsheet for No Exposure Exclusions.
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Response to Comments on 2023 General Permit Renewals
2.3 Comments on NCG070000 (Stone, Clay, and Glass)
Comment: B-7. The term BMP (Best Management Practices)should be replaced with SCM
(Stormwater Control Measures)
Response: The terms BMP and SCM can be used interchangeably, for consistency's sake, the
Stormwater Program will be using the term BMP primarily. The reasoning being that
BMPs includes SCMs in addition to other good housekeeping practices. Additionally, the
EPA's Guide to Developing Your SWPPP uses the term BMP over SCM.
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Response to Comments on 2023 General Permit Renewals
2.4 Comments on NCG110000 (Treatment Works)
Comment: Analytical monitoring for pH, TSS, and Fecal Coliform should not be included in
NCG110000: Treatment Works.
Response: In the interest of protecting waters of the State, and in accordance with 40 CFR 122.43,
and in the interest of providing for the stated purpose of the Clean Water Act, The North
Carolina Department of Environmental Quality (Department) has determined that
analytical monitoring at wastewater treatment facilities is necessary to identify, and in
turn to prevent pollutants from entering waters of the State. Familiarity with the treatment
process and maintenance activities associated with a sanitary sewer collection system
should in every case, include the acknowledgement that sewer lines can and do
leak/break at any given time or location. The fact that the potential exists for a sewer line
break/leak to occur in the collection system in general leads axiomatically to the
conclusion that such could occur at the plant itself.
Further, familiarity with the treatment process should also include the acknowledgement
that, due to Inflow and infiltration (I&I), flow volumes are highest during and immediately
after storm events. In turn, the potential for this issue to occur would also be highest
during and immediately after storm events. The Department recognizes that the potential
exists for subsurface infiltration of wastewater into the facility's stormwater infrastructure
as well as runoff from the surface by way of stormwater inlets.
Additionally, failure to correctly capture runoff from exposed process areas at the facility
(such as areas used for grit collection or biosolids management) also has the potential to
occur and has been previously observed by NCDEQ inspectors.
Analytical monitoring has not been prescribed by the Department because of any
conclusion that this problem exists for POTW's. It has been prescribed by the
Department because of the self-evident potential for this problem to exist. This is the
case for all analytical monitoring in any given permit. Continuous and sustained
monitoring is to ensure the permittee and the Department that no such problem exists,
and that the discharge of pollutants to waters of the State is not occurring now or in the
future.
Many POTWs are known to use chemicals (such as caustics)for pH correction
(Biosolids conditioning or otherwise). These chemicals are often stored in large
quantities on site and are occasionally plumbed into the system. Because this is an
identified and observable part of the industrial process, the potential exists for leaks or
mishandling of caustic or other chemicals, resulting in an unintended impact on the
stormwater discharging from the system, and in turn, to waters of the State.
While the Department is aware that the extent of use and the quantity of these
chemicals may vary greatly between POTWs, the relatively inexpensive and quick
process of checking pH is nonetheless a crucial factor in establishing that no pollutants
are being discharged to waters of the State now or in the future.
Total suspended solids (TSS) monitoring is a diverse indicator of pollutant issues for
many reasons. Solids originate from many sources including the erosion of pervious
surfaces, dust, litter and other particles deposited on impervious surfaces from industrial
activities. For this reason, many states, as well as the EPA recognize TSS monitoring as
useful and beneficial for determining to what extent, if an, an industrial facility is
impacting its receiving waters now or in the future.
Qualitative monitoring primarily and importantly serves to identify crucial pollutant
indicators such as Color, Odor, the presence of floatable pollutants, foam, and
erosion/deposition. These important indicators are not sufficiently captured by analytical
monitoring.
Conversely, qualitative monitoring is not as conclusive as analytical monitoring when it
comes to identifying in solution pollutants or chemical properties which indicate serious
pollutant concerns. For example, when leaks/breaks occur in the sewer collection
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Response to Comments on 2023 General Permit Renewals
system, a simple visual inspection is occasionally not conclusive because the
wastewater must move through gravel and soil to finally daylight somewhere it can be
identified and sampled. At which point, the discharge may appear clear and have no
odor(as has been observed by DEQ staff). These situations often lead utility staff to
perform some form of analytical test such as Fecal Coliform or Ammonia to confirm or
rule out a sewer main break/leak. If wastewater, or stormwater that has come into
contact with waste, is discharging
from a stormwater outfall, there is no guaranty that qualitative monitoring would indicate
that such pollutants were present.
For these reasons, and the combined experience of DEQ staff, qualitative monitoring
alone is insufficient to conclusively determine that no wastewater is infiltrating the
stormwater system at the facility, or if incorrectly captured runoff from exposed industrial
areas (such as those used for grit collection or biosolids management) is reaching
stormwater inlets.
Comment: Employee Training Requirements are overly proscriptive.
Response: If a permittee implements practices listed in the Permit such as chlorine handling and
disposal, then trainings must be performed and documented. It would be ill-advised for
permittees to purposefully skip training on listed topics if they occur at the facility. If a
permittee does not implement listed practices at the facility, the those trainings are not
required.
Comment: PFAS Monitoring should not be included in the General Permits.
Response: As NC DEQ looks to US EPA for guidance on emerging contaminants in the coming
years, the Stormwater Program has added wording with the potential to require certain
facilities to monitor for appropriate emerging contaminants as needed by the director.
There is no established benchmark or limit codified in law for emerging contaminants
such as PFAS.
Comment: Drawdown and Bypass Requirements Should not be Included in General Permits.
Response: Bypasses are and have been completely prohibited. The new language expands on the
very specific times and requirements when bypasses would be allowed. This benefits
the permittee in that it will not constitute a permit violation. Removing guidance on
bypasses would be detrimental to the permittees. Guidance on drawdown and bypasses
has been added to all renewing General Permits on the potential for drawdown and
bypasses. The destruction of 2016's Hurricane Matthew prompted NC DEQ to add
language on drawdowns and upsets.
Drawdown guidance refers most often to for example, stormwater ponds filled with
sediment that must be maintained to remove the sediment. The permittees should test
the water for the listed required parameters to ensure it meets our benchmarks before it
is released.
Comment: The definition of MS4 should be revised.
Response: NC DEQ's definition of MS4 listed in the General Permits, "A stormwater collection
system within an incorporated area of local self-government such as a city or town." is
consistent with the definition listed on EPA's site: A system of conveyances that is
owned by a state, city, town, village, or other public entity that discharges to waters of
the U.S.
Comment: Permittees should not be required to acknowledge and document individuals accepting
responsibilities for the required Spill Prevention and Response portion of the SWPPP.
Response: A signed acknowledgement on personnel on site responsible for the Spill Prevention and
Response Plan is a natural requirement for a SWPPP. USEPA's "Developing your
SWPPP" document requires qualified personnel take responsibility for preparing the
SWPPP, identify individual responsibilities of personnel in the SWPPP, and list
personnel who should be notified in the event of a SWPPP. NC DEQ's requirement is
consistent with federal guidelines.
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Response to Comments on 2023 General Permit Renewals
2.5 Comments on NCG210000 (Timber Products)
Comment: The directive: "If industrial activities expand or change after issuance of the COC such
that the types of discharges are affected, the permittee must first contact the Division to
determine if modifications to the COC are necessary." Is potentially inconsistent as
written. Suggest permittee be required to contact the Division within 30 days of any
expansion or change to determine what modifications may be necessary, if any. The
facility would still be subject to the conditions of the permit in the interim.
Response: This language is in all the permits. The intent is that the permittee should communicate
with DEQ regarding changes to a facility. With larger changes such as switching
activities, the permittee should contact the State as early as possible. With smaller
changes such as moving activities to a different part of the facility, permittee could
perhaps wait until next inspection.
Comment: B-7. Changing the frequency of documented inspections from semi-annual to every 7
days is a significant change in the permit conditions and presents an unnecessary
burden to facility staff. Considering illnesses, weather conditions, and personnel
vacation, making this requirement every 7 days will very likely result in permittees being
unable to meet permit conditions and falling into non-compliance for an immaterial
"violation."
Response: We have removed this requirement. It was mistakenly taken from General Permit
NCG020000
Comment: B-10. The draft permit is not clear what amount of solvent would be required to produce
a Solvent Management Plan. Consider modifying this requirement to identify a threshold
that would be subject to this Permit requirement and limit the Solvent Management Plan
to those containers stored outdoors with potential exposure to stormwater.
Response: The purpose of a Solvent Management Plan is to ensure that concentrated toxic
organics as defined by 40 CFR 469.22 do not enter a stormwater discharge and to track
the use of all solvents delivered, stored, used, and disposed of on site. If a facility keeps
their solvents stored indoors with no exposure to stormwater, then the permittee shall
document this in their plan.
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