NPDES Permit update—what you should know

The South Carolina Department of Health and Environmental Control (SC DHEC) recently issued an updated version of the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Associated with Nonmetal Mineral Mining Facilities. Several noteworthy revisions were included.

The updated permit applies to facilities that mine the following: sand, gravel, clay, fill dirt, kaolin, vermiculite, dimension stone, and/or crushed stone. They are mines that may discharge water as a result of mine dewatering, storm water, mine process wastewater, mine equipment wash water, or suction dredge water. About 600 mines in South Carolina will be covered by the revised general permit.

SC DHEC posted a draft of the permit for public comment. SC DHEC did not receive any comments during the 30-day period, which closed September 10. The permit, issued on September 29, 2017, will become effective January 1, 2018. Storm water pollution prevention plans (SWPPPs) must be revised by May 1, 2018, and facilities must update their storm water monitoring procedures by June 30, 2018, to meet the new requirements.

All facilities that fall under the NPDES permit requirements should closely review the revised permit and take note of the changes, a number of which are outlined below.

Construction activities
The updated general permit defines construction activities as including “any land disturbance or construction related activities integral to the development and operation of the mine. Those activities and associated stormwater discharges, unless otherwise prohibited, are covered by this permit, e.g. building of access roads, stormwater controls, construction of scale houses, shops, offices, etc.”
The updated general permit has new technology-based effluent limits for construction activities. Those effluent limits are extensive and include measures to minimize erosion and sediment tracking, increase site stabilization, minimize disturbance of steep slopes, restrict discharges, prevent pollution, and increase inspection requirements.

Training requirements
The updated general permit includes greater specificity about training employees responsible for the following:

Design, installation, maintenance, and/or repair of controls (including pollution prevention measures)
Storage and handling of chemicals and materials that could become contaminants in storm water discharges
Conduction and documentation of monitoring and inspections
Taking and documenting corrective actions

Specific training depends on a person’s job responsibilities, but all training should include at least an overview of the SWPPP; spill response procedures, good housekeeping, maintenance requirements, and material management practices; the location of all controls on the site required by this permit, and how they are to be maintained; the proper procedures to follow with respect to the permit’s pollution prevention requirements; and when and how to conduct inspections, record applicable findings, and take corrective actions.

pH flexibility
The updated General Permit expands the concepts of pH flexibility. Currently, if the pH of a receiving stream is less than 6.0 standard units (6.5 for SFH, SA, and SB waters), discharge pH may be less than 6.0 standard units (6.5 for SFH, SA, and SB waters) only if the discharge pH is not less than the stream pH by a difference of more than 0.2 standard unit. The stream pH must be analyzed on the day of the discharge. In the updated permit, SC DHEC allows permittees to request that stream pH sampling be conducted quarterly. If the request is granted, the stream pH for the purpose of the calculation above shall be determined by the most recent quarterly analytical pH result.
In addition to the potential for reduced monitoring of pH in streams (when pH levels are proven to be lower), the permit allows SC DHEC to increase the maximum pH limit to 9.0 standard units from 8.5 standard units. To receive that allowance, the permittee must submit information that demonstrates one of the following:

The receiving stream flow is significantly greater than the average of the effluent flow.
A bench scale test shows that a proportional mixture of effluent and the receiving stream does not exceed a pH of 8.5 standard units.

Kathy Webb, P.G.

Senior Market Leader | Principal

Kathy, a founder of SynTerra (previously The Fletcher Group) in 1992, has completed remedial investigations and regulatory compliance projects associated with Resource Conservation and Recovery Act (RCRA) facilities, state and federal Superfund sites, solid waste landfills, brownfield redevelopment, utility coal combustion residual (CCR) management units, and regulated industrial facilities. She has supported litigation as an expert witness related to chlorinated solvents, metals, and polychlorinated biphenyls (PCBs). Kathy is known for her practical assessment strategy with the perspective of the client’s business objectives. She routinely evaluates groundwater corrective action systems for effectiveness and progress toward achieving compliance objectives. She has also co-authored a trade journal paper with case studies of low-impact remedial strategies. Kathy is a licensed Professional Geologist in North and South Carolina.

Mark Taylor, P.G.

Principal

Mark has worked more than 40 years in natural-resource based industries. His expertise includes mine geology and mine engineering, hydrogeologic and geotechnical investigations, solid and hazardous waste management, and regulatory negotiations. He has published peer-reviewed papers about coal geology, ore geochemistry, mineralogy, and solid waste management. He is a leading expert in mining and environmental permitting for litigation support.

Mark is licensed as a Professional Geologist in South Carolina, Alabama, Arkansas, Georgia, Kentucky, Mississippi, North Carolina, and Washington. He serves on the boards of the Upstate Red Cross and Upstate Forever. He served on the South Carolina Board of Registration for Geologists for six years. Mark holds a Master’s degree in Geological Sciences from The University of Michigan and a Bachelor’s degree in Geological Science from Harvard University.

Andrea Kehn, P.E.

Vice President of Engineering | Principal

Andrea, leader of our Civil & Environmental Engineering Business Unit, has 28 years of experience in chemical manufacturing and environmental consulting. She leads and supervises staff professionals on multidisciplinary projects for a variety of industrial clients. Andrea’s vast experience and expertise includes: air quality construction and operating permitting; air quality modeling; air permit record-keeping and reporting; Oil Spill Prevention Control and Countermeasures (SPCC) and Storm Water Pollution Prevention Plans (SWPPP); NPDES Permitting; water quality modeling; process safety management; risk management compliance and auditing; and RCRA compliance.

Andrea is registered as a Professional Engineer in South Carolina. She holds a Bachelor of Science degree in Chemical Engineering from Michigan Technological University.

Ruth Albright, P.E.

Vice President | Principal

Ruth has led projects for major industrial facilities throughout the Southeast and beyond. She built her knowledge of environmental regulations and their application to manufacturing operations while working for the second largest chemical manufacturing company in the United States. At SynTerra, she has expanded both her knowledge and reputation working for chemical manufacturing operations of all sizes. She has also worked extensively with other manufacturing operations, including pulp and paper, industrial equipment, pharmaceuticals, food, and automotive parts and assembly. Her experience includes air and wastewater permit compliance, solid and hazardous waste management, solid waste construction permitting, hazardous materials transportation, wastewater treatment systems, air pollution control equipment operations and maintenance, and ambient air monitoring systems.

Ruth is a professional engineer registered in South Carolina, North Carolina, Georgia, Florida, Virginia, Mississippi, Oklahoma, Michigan, Arkansas, and Kentucky. She is an active member of the South Carolina Chamber of Commerce Environmental Technical Committee and serves as the chair of the water subcommittee. She has previously served as the program and committee chair for the Greater Greenville Chamber of Commerce Environmental Affairs committee. She has a Bachelor’s degree in Chemical Engineering from Clemson University.