NC0006351_Response to NOV_20200715

tVENATOR jU�u r tit,
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15 July 2020
NCDEQ - Division of Water Resources
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 2811
Attn: W. Corey Basinger, Regional Supervisor
Sent by email and overnight courier
Subject: Response to Notice of Violation
Tracking Number: NOV-2020-PC-0303
Permit No. NC0006351
Venator Chemicals, LLC
5910 Pharr Mill Road
Harrisburg, Cabarrus County
Dear Mr. Basinger:
Venator Chemicals, LLC (Venator) is providing this response to the Notice of Violation (NOV) issued
by the North Carolina Department of Environmental Quality (NCDEQ) — Division of Water Resources
and received June 30, 2020 via certified mail. This response is provided within 15 days of receipt of
the NOV as requested. The NOV is in regard to operating conditions of Lagoon 5 and groundwater at
the facility. The NOV was issued following joint inspections of the subject property by NCDEQ
representatives from the Division of Water Resources and the Division of Waste Management on June
10, 2020. The NOV indicates two violations of Part II, Section C, 2. Proper Operations & Maintenance
of the facility's NPDES permit as outlined below.
Inspection Area Description of Violation
Lagoons Solids should be removed and properly disposed. Lagoon should have liner installed to
prevent groundwater contamination.
Operations & Solids should be removed and properly disposed. Lagoon should have liner installed to
Maintenance prevent groundwater contamination.
Additionally, NCDEQ noted in the NOV that groundwater near Lagoon 5 has been impacted by Nitrate
as Nitrogen and corrective actions are required to address this condition.
Venator recognizes that improvements to Lagoon 5 and site -wide groundwater quality are necessary
and has been working closely with the NCDEQ Hazardous Waste Section to address these issues.
Our most recent meeting with the Hazardous Waste Section was scheduled to occur in May 2020,
however this meeting was postponed indefinitely due to the coronavirus (Covid-19) pandemic. Venator
had understood that the NCDEQ Hazardous Waste Section was the lead regulator for this matter and
Venator has maintained communications with Hazardous Waste Section representatives to inform
them of ongoing activities related to the Site.
A summary of recent activities commissioned by Venator in preparation for Lagoon 5 reconfiguration
and other facility improvements plus investigation of subsurface soil and groundwater and surface
water conditions in advance of remediation at the Site is presented below. Venator understands that
this work is being conducted under the guidance of the NCDEQ Hazardous Waste Section and
Venator therefore respectfully request that the NOV is rescinded.
BACKGROUND
5910 Pharr Mill Road, Harrisburg, NC 28075, USA
Tel:[phone] Fax:[phone] [e-mail] www.venatorcorp.com

Operation and maintenance of Lagoon 5 plus other regulated features as well as groundwater
remediation activities at the Site are conducted in accordance with the facility's RCRA Post -Closure
Permit (NCD 048 467 427) administered by the Hazardous Waste Section. It is Venator's
understanding that the Hazardous Waste Section of NCDEQ has regulatory primacy regarding
groundwater remediation and related issues at the Site based on NCDEQ correspondence in 2011 to
Venator (formerly Chemical Specialties, Inc.) as well as correspondence between the Hazardous
Waste Section and the Division of Water Quality. Copies of this correspondence are included as an
attachment to this letter.
In May 2017, the NCDEQ Hazardous Waste Section requested Venator submit a Corrective Action
Plan (CAP) for remediation of site -wide groundwater quality. A Groundwater CAP was submitted in
September 2017 and NCDEQ provided comments regarding the CAP to Venator in March 2018.
Additional actions by Venator were required to address Hazardous Waste Section comments prior to
implementation of corrective measures, including sediment removal and reconfiguration of Lagoon 5,
at the site.
Venator and its consultants met with Hazardous Waste Section representatives in October 2018 to
review NCDEQ comments to the CAP and develop a consensus on necessary steps required to
address the comments. It was determined that additional characterization of site -wide groundwater
quality and hydrogeologic conditions affecting groundwater flow specifically near Lagoon 5 and the
Rocky River was necessary to refine the conceptual site model prior to the sediment removal and
reconfiguration of Lagoon 5. Adequate understanding of contaminant flow and transport was required
prior to development of a site -wide corrective measures approach. Establishing flood risks and the
impact of flood waters on groundwater behavior is required prior to emptying Lagoon 5 so that
construction activities do not endanger the structure or the river. A Pre -Corrective Measures Work
Plan to evaluate these conditions was submitted to NCDEQ in March 2019 and implementation of the
Work Plan was initiated following regulatory approval on March 21, 2019.
SUMMARY OF ACTIVITIES IN THE PAST 12 MONTHS
Significant analysis and detailed design work has been conducted to evaluate site -wide groundwater
contamination and hydrogeologic conditions required for development and implementation of
technically sound remediation approaches. In addition, design and implementation of interim
corrective measures for improvements to secondary containments in the production area were
initiated. A summary of work related to these objectives conducted over the past 12 months is listed
below and additional details on each of these topics is available upon request.
Lagoon 5 (SWMU 5)
• Detailed groundwater monitoring using pressure transducers to determine seasonal variations in
groundwater depth and the influence of flood conditions from the river, to ensure that new lagoon
designs are compatible with hydrogeology at the facility.
• A sediments excavation and drying trial was completed to evaluate materials handling options for
the sediment in order to determine appropriate equipment and potential work rates for the lagoon
reconfiguration. This task was completed January 2020.
• Alternative Daily Cover (ADC) demonstration trial approved by NCDEQ as a long-term
sustainable solution for off -site sediments disposal. This trial was completed at Republic's nearby
CMS Subtitle D landfill. The ADC option conserves landfill airspace and reduces disposal costs.
Republic identified potential operability concerns with the material and other regional Subtitle D
landfills operated by other entities are currently evaluating the material as potential ADC.
• Develop options for handling Lagoon 5 sediments on site including the major tasks outlined
below. The enclosed draft drawing depicts conceptual designs currently under consideration for
the following:
o Reconfiguration of Lagoon 5 footprint including raising floor, liner installation, footprint
consolidation.
o Develop onsite Geotube management area for sediment drying prior to offsite transport.
o Develop onsite landfill for disposition of Lagoon 5 sediments and serve as long-term
sediments handling unit.
• Venator is currently evaluating the various options for Lagoon 5 sediment management and
reconfiguration. At present, construction activities are anticipated to begin in 2021 following

regulatory permitting and expected to be complete in 2022. A more detailed timeline can be
provided upon Venator's selection of the preferred options for reconfiguration and sediment
management.
Lagoon 1 (SWMU 1)
• Similarly to Lagoon 5, detailed groundwater monitoring has been conducted using pressure
transducers to determine seasonal variations in groundwater depth near Lagoon 1 to ensure that
new lagoon designs are compatible with hydrogeology at the facility.
• A detailed design has been commissioned for the relining of Lagoon 1. Contractors have been
identified and estimates have been gathered.
• Project execution plans have been developed to determine potential alternative wastewater
treatment methods / routes during Lagoon 1 construction activities.
• Construction work on Lagoon 1 is expected to be completed by end of 2020.
Production Area Improvements
• Design solutions and estimates for secondary containment improvements have been gathered
and developed.
• Certain secondary containments will be cleaned and coated with a resin coating per National
Association of Corrosion Engineers and Society of Protective Coatings standards.
• Secondary containment sealing/improvement work commenced the week of June 15
Production Area Subsurface Investigation
Seven new groundwater monitor wells have been installed near the Production Area to expand
the monitoring regime, evaluate the production areas as potential contaminant source areas and
improve the understanding of the site -wide conceptual site model.
Additional groundwater sampling is planned near the Production Area to develop an
understanding prior to the selection and implementation of remediation measures.
Identification of interim corrective action alternatives for groundwater near the production area
are currently underway.
Site -Wide Groundwater Investigation
Expanded groundwater and surface water monitoring has been initiated with the inclusion of
groundwater depth variability data to be used to inform a risk assessment and develop
appropriate remediation goals in due course. Improvements in our understanding of the
hydrology and contaminant behavior is vital to the selection of good remediation methods. Site -
wide nitrate concentrations in groundwater from annual monitoring conducted in November 2019
are presented on the enclosed figure. No surface water exceedances for nitrates or other
monitored constituents other than background levels of manganese were reported.
An ecological risk assessment to evaluate the likelihood of harmful impacts to the environment
will be developed based on analytical data for soil, groundwater and surface water samples from
the Site. The risk assessment results will be incorporated into the Pre -Corrective Measures
Study report and will affect identification and selection of appropriate remedial approaches for
various media and contaminants at the Site. Venator will continue to work with the Hazardous
Waste Section on development of technically sound corrective actions for the Site.
SUMMARY AND CONCLUSIONS
As noted above, Venator has conducted extensive work to properly plan and safely execute sediment
removal and reconfiguration of Lagoon 5 as well as investigation of site -wide subsurface conditions in
advance of development of corrective measures at the Site. In view of the importance of the work
Venator has been engaged in facilitation the remediation of Lagoon 5 and the other interim corrective
measures at the Harrisburg plant, Venator respectfully requests NCDEQ to take these efforts into
account and rescind the NOV and the potential for enforcement action.

Venator takes our regulatory obligations seriously. Therefore, it is important that Venator continue to
adopt a fully transparent and open approach, and fully cooperate, with the regulatory community
regarding this matter. Venator would welcome the opportunity to discuss our approach with you and
any initial feedback you may have.
Yours sincerely,
Shawn Turner
Site Manager,
Venator Chemicals LLC
Attachments:
2011 NCDENR Correspondence
Proposed Lagoon 5 Reconfiguration & Sediment Management Alternatives Figure
cc: Robert McDaniel — NCDEQ Hazardous Waste Section
Jonna Stein — Venator
Thomas Hayes - Venator

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NCDENR
North Carolina Department of Environment and
Division of Waste Management
Beverly Eaves Perdue
Governor
Ms. Jonna A, Stein
Chemical Specialties, Inc.
Post Office Box 1330
Harrisburg, North Carolina 28075
Dexter R, Matthews
Director
November 28, 2011
Reference: Ground Water Monitoring and Remediation
Chemical Specialties, Inc.
NCD 048 467 427
Dear Ms. Stein:
Natural Resources
Dee Freeman
Secretary
The North Carolina Hazardous Waste Section will be the lead regulatory agency concerning ground water
assessment, monitoring, and remediation activities at the Chemical Specialties facility in Harrisburg,
North Carolina. For all of the constituents of interest to be monitored, the Hazardous Waste Management
Permit will need to be modified to include total dissolved solids as component of the routine ground water
monitoring program. Chemical Specialties should submit a request a Class 1 permit modification with
prior approval of the Hazardous Waste Management Permit to include total dissolved solids as a
parameter in the annual ground water sampling program.
If you have any questions, please contact me at (919) 707 — 8215.
Sincerely,
Robert C. McDaniel
Facility Management Branch
Hazardous Waste Section
cc: Andrew Pitner
Peggy Finley
Sergei Chernikov
Sean Morris
re: Harold A. McCarty
Robert C. McDaniel
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
PhoneTax: 919-707-8200 \ Internet: httpl/,portal.ncdenr.orglweblwm
An Equal Opportunity i Affirmative Action Employer -60% Recycled \ % Post Consumer Paper Gwmonitoring remediation
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North Carolina Department of Environment and Natural Resources
Beverly •
Governor
Chemical Specialties
Post Office Box 1330
Harrisburg, North Carolina 28075
Attention: Sylvester Bartos, VP of Operations
Dear Mr. Bartos:
Goleen K Sullins
Division of Water Quality
September 7, 2011
RE: Response to June Zo, 2on Notice of Violation (NOV)
Groundwater Quality Violations
GW Incident No. 11235
Cabarrus County
This office received correspondence from your counsel on July 1i, 2on. While we do not agree with all of the arguments
presented in Mr. Hutson's response, it did prompt us to pursue additional discussions with staff in the Hazardous Waste
Section. From those discussions came an agreement between the Aquifer Protection and Hazardous Waste sections
regarding regulatory oversight of the groundwater contamination at the CSI facility.
The Hazardous Waste Section will assume authority for the management of the groundwater contamination at the site. In
order to address all of the groundwater contaminants, the monitoring list of constituents will have to be modified and a
revised remediation plan will need to be submitted. When the Hazardous Waste Section formally makes these
requirements, the Aquifer Protection Section will address recission of the NOV. Please review the attachment for additional
information on this matter.
Should you have any questions, feel free to contact Peggy Finley (ps�gy,linnlc i%ncelt n� or me at
(Link! ew���ittlr t�itc deter goti°) or call either of us at 704/663-1699•
Sincerely,
&L��
Andrew H. Pitner, P.G.
APS Regional Environmental Supervisor
Mooresville Regional Office
Attachment: 9/1/11 Memo
Cc: Debra Watts, APS Groundwater Protection Unit Supervisor
Bud McCarty, HWS Facility Management Branch Head
Benne C. Hutson, McGuire Woods LLP, POB 31247, Charlotte, NC 28202
MAF/CSI response Itr 9-7-11
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] FAX: [phone] Internet: http:www.//po�al.ncdonr.org/web/wq
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
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North Carolina
Beverly Eaves Perdue
Governor
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NCDENR
Department of Environment and Natural Resources
Division of Waste Management
Dexter R. Matthews
Director
September 1, 2011
Andrew Pitner
Aquifer Protection Mooresville Regional Supervisor
610 East Center Ave.
Mooresville, NC 28115
Re: Chemical Specialties, Inc.
NCD048467427 (NPDES Permit NC0006351)
Dear Mr. Pitner.:
Dee Freeman
Secretary
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This is to confirm our conversation of August 30, 2011 concerning the oversight of
groundwater contamination at the Chemical Specialties, Inc. facility located in Harrisburg, NC.
The referenced waste water settling lagoon is identified as SWMU 5 in the Hazardous Waste
Permit. As such the Hazardous Waste Section does have authority to oversee and mandate
sampling, assessment and remediation. Per our discussion we will require CS1 to add TDS to the
list of constituants monitored. In addition we will require CSI to submit a revised remediation
plan to address the contamination that seems to be coining from SWMU 5,
If you have any questions or concerns with regards to this facility you can contact Rob
McDaniel at 1�.ol�c� t,,I�<lc.�l<<r�.ic lrr);ncclenr_��v
Sincerely,
o
Laud NdcCart , -,,(Za
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Facility Management Branch
I-lazardous Waste Section
cc: Ted Bush, Aquifer Protection Section Chief
Debra Watts, Aquifer Protection Groundwater Protection Unit Supervisor
rc: Rob McDaniel
Bud McCarty
1646 Mail Service Center, Raleigh, North caroling 27699.1646 Ow
Phone: [phone] \ FAX: [phone] \ Internet: www.wastenotiic.org NUl t E i- arol:in.a
An Equal Opporhmily\AffmnaGveAction rmplo'f hetnical specialties NPHS Permit-nc0006351-9-1-11 N

AcGulreWoods LLP
201 North Tryon Street
P.O. Box 31247 (28231)
Charlotte, NC 28202
Phone: [phone]
Fax: [phone]
www.mcguirewoods.com
Benne C. Hutson
Direct: 704,343,2060
July 11, 2011
CERTIFIED MAIL
Andrew H. Pitner, P.G.
Regional Environmental Supervisor
Mooresville Regional Office
Division of Water Quality
North Carolina Department of Environment and
Natural Resources
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Re: Chemical Specialties, Inc.
Notice of Violation (dated June 20, 2011)
NPDES Permit NC0006351
GW Incident No. 11235
Cabarrus County, N.C.
Dear Andrew:
[e-mail]
Direct Fax: [phone]
We represent Chemical Specialties with regard to this Notice of Violation and by
this letter are responding to it. This response is provided within 15 days of receipt of the
NOV as requested.
At its Harrisburg facility, Chemical Specialties operates a chemical manufacturing
plant producing, among other products, wood treatment chemicals. As part of its
operations, Chemical Specialties has two environmental permits. One is an NPDES permit
(permit no. NC0006351) which governs discharges of treated wastewater to the Rocky
River. Since being issued in 2009, Chemical Specialties has operated in compliance with
the terms of its NPDES permit.
Chemical Specialties also holds a RCRA permit (permit no. NCD 048 467 427) to
conduct post -closure care of three former lagoons classified as hazardous waste
management units and site wide remediation activities at the facility. RCRA defines
"facility" as "all contiguous property under the control of the owner or operator." 40 C.F.R.
§260.10. Pursuant to this definition, the RCRA permit governs the entirety of Chemical
Specialties' Harrisburg facility.
W266416.1

Andrew H. Pitner, P.G.
July 11, 2011
Page 2
Chemical Specialties applied for its RCRA permit in 1987. DENR issued the
permit on March 31, 1988 and has twice renewed it, first in 2004 and then again in 2009.
Since its issuance over 23 years ago, Chemical Specialties has operated in compliance with
the terms of its RCRA permit.
The RCRA post -closure requirements are comprehensive and extensive, both in
terms of their scope and their implementation, The requirements include, among other
things, a RCRA Facility Assessment to identify all regulated and solid waste management
units at the facility, a RCRA Facility Investigation to determine the nature and extent of
releases from those units, a Corrective Measures Study to identify feasible remedial actions,
and the implementation of corrective action. During the 24 years since it applied for its
RCRA permit, Chemical Specialties has identified one regulated and 112 solid waste
management units at the Harrisburg facility and installed and sampled on numerous
occasions over 324 soil borings and 43 monitoring wells throughout the site. All of this
work has been documented in reports submitted to, reviewed by and commented on by
DENR's RCRA section.
The NOV states that Chemical Specialties is required to conduct a comprehensive
site assessment and implement a corrective action plan in accordance with the applicable
provisions of 15A N.C.A.C. 2L .0106(c) and requests that Chemical Specialties confirm in
writing of its intent to comply with these requirements. By this letter, Chemical Specialties
is advising the Division of Water Quality that it does not intend to perform these tasks. The
reason for this is simple — Chemical Specialties has already done and will continue to do
this work pursuant to its RCRA permit. DENR's RCRA program has been the lead
regulatory agency at the Harrisburg facility for well over two decades, it will continue to be
the lead regulatory agency until the RCRA permit is closed, and Chemical Specialties will
continue to work with it in that role. Chemical Specialties will not subject itself to having
to serve two regulatory masters at the same time and it cannot be required to do so. If there
are matters related to this site that DWQ wishes to have addressed, then DWQ needs to
work with the RCRA staff and through the requirements of Chemical Specialties' RCRA
permit to have those matters addressed.
The Notice of Violation is also at odds with the terms of the May 20, 2009
Settlement Agreement between DWQ and Chemical Specialties resolving Chemical
Specialties' appeal of its NPDES permit (permit no. NC0006351.) In its appeal, Chemical
Specialties challenged the provision of the permit requiring periodic sampling of four
groundwater monitoring wells at the site (which wells had been installed as part of the
RCRA Facility Investigation) and imposing a compliance boundary and review boundary
beyond which an exceedance of the 2L standards would require remedial action. In the
Settlement Agreement, DWQ agreed to delete this provision in its entirety and replace it
with a requirement that the "frequency and scope of sampling of those wells would "be
governed by the terms of ... [the] RCRA post -closure permit." The Settlement Agreement
eliminated any requirements from the NPDES permit for Chemical Specialties to have to
take remedial action if a 2L groundwater quality standard was exceeded in any of those four
U2266416,1

Andrew H. Pitner, P.G.
July 11, 2011
Page 3
specific wells. By issuing this NOV which requires Chemical Specialties to take remedial
action alleged exceedances in those wells, DWQ is doing something it expressly agreed not
to do in the Settlement Agreement.
Based on the facts presented in this letter, Chemical Specialties requests that the
Division of Water Quality rescind the NOV and document that rescission in writing.
If you wish to discuss this matter further, please call lne.
Sincerely,
McGuireWoods LLP
Benne C. Hutson
cc: Syl Bartos, VP of Operations, Chemical Specialties
Jonna Stein, Safety, Health and Environmental Manager, Chemical Specialties
Rob McDaniel, DWM/RCRA
Director, Cabarrus County Health Alliance
Aquifer Protection Section, Raleigh
Scott Brown, Brown & Caldwell
\32266416.1