NCS000348_ROS Revocation Letter_20200318

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
Ms. Virginia Grace
Senior Advisor, Environment
CPI USA North Carolina LLC
1281 Powerhouse Drive
Southport, NC 28461
Dear Ms. Grace:
NORTH CAROLINA
Environmental Quality
March 18, 2020
Subject: NPDES Stormwater Permit
Permit Number NCS000348
Representative Outfall Status Revocation
CPI USA North America LLC
New Hanover County
During the 2020 permit renewal process, monitoring data from 2010-2019 was analyzed.
Monitoring data showed benchmark exceedances of Zinc from 2011-2013, 2015-2017, and 2019.
There were also several Copper benchmark exceedances in 2012-2013, and 2017, and of COD in
2013.
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. Records of tier events are required to be maintained in the
SWPPP.
During discussions with CPI Southport personnel, it was discovered that there is confusion
regarding what constitutes a tier response. When CPI personnel were asked for records of tier
events performed in response to benchmark exceedances, the responses given were not consistent
with permit requirements.
Tier events are responses that are required in the event of a benchmark exceedance/exceedances,
as defined in Part II of the permit, and as such, require continued investigation, improvement,
maintenance, and record keeping by the facility.
Based on the CPI Southport sampling data and 2010 permit requirements, CPI Southport should
have several records of Tier One and Tier Two events and additionally, should have been
participating in monthly monitoring, based on zinc exceedances alone from 2012-2017.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
o.m.nmism evw~"eiim.nni ou.ary �"'� 919.707.9200

CPI personnel provided a 2015 Annual Summary DMR that details a Tier One event in response to a
zinc benchmark exceedance. CPI was unable to provide any other record of a tier response. CPI has
never participated in monthly monitoring in response to a benchmark exceedance.
The permit renewal application was submitted in October 2014. The former CPI Site Water
Technician no longer works at CPI and there has been a great deal of staff turnover in DEMLR.
There appear to have been verbal discussions between the former CPI Site Water Technician and
DEMLR Staff associated with zinc benchmark exceedances, where DEMLR staff agreed CPI had
taken a proactive approach to implementing good housekeeping procedures around the site in
dealing with spilled TDF and/or associated dust (believed to be associated with zinc exceedances)
and agreed that practices identified in the SWPPP and annual BMP summary have resulted in an
overall improvement to the quality of stormwater runoff leaving the site.
These improvements are further corroborated by Regional Office Inspectors who have witnessed
site improvements from 2010-2019. Zinc is a parameter that has a general history of being difficult
to reduce in stormwater samples. CPI Southport personnel have stated brake pads could also be
contributing to benchmark exceedances. Structures at the facility may also be constructed out of
galvanized steel, which would also contribute to zinc benchmark exceedances.
Because of site improvements and a history of responsiveness by the current CPI Site Water
Technician, DEMLR has chosen not to elevate the matter to the level of a Notice of Violation.
However, because there have been a lack of tier responses, there is a lack of data/investigation into
problem areas at the site. Because stormwater discharges from internal outfalls into the man-made
ditch surrounding the site, the stormwater becomes homogenous before discharging through
Outfall SW005, where representative samples are taken. The Narrative Description in the site
SWPPP presents potential pollution risks in each drainage area; however, there is a lack of
monitoring data that could be used for confirmation.
For the reasons discussed above and based on comments received during the Public Hearing
conducted on November 21, 2019, the facility will no longer be eligible for Representative Outfall
Status. The facility will be required to sample at internal outfalls and at Outfall SW005 for the first
fifteen months of permit coverage, April 1, 2020 through June 30, 2021, before CPI Southport may
again apply for ROS. During this time, the facility will collect monitoring data that will be more
representative of facility industrial drainage areas. This data will in turn aid the facility if/when a
tier response becomes necessary.
If you have any questions or comments concerning this letter, please contact Lauren Garcia at (919)
707-3648 or lauren.garciaCtncdenr.gov OR Brian Lambe at [phone] or
brian lambeftncdenr.gov.
Sincerely,
54
anWrenn, Acting Director
Division of Energy, Mineral and Land Resources