NC0004952_Regional Office Historical File Pre 2018 (5)

Beverly Eaves Perdue
Governor
M-
NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Coleen H. Sullins
Director
December 6,. 2011
Ms. PEM Carter
Environmental Engineer
CNA Holding Inc.
22525 Blacksburg Road
Grover, N.C. 28073-9641
Subject: September 21, 2011 Toxicity Test
CNA Holding Inc.-Ticona Facility
NPDES No. NC0004952
Cleveland County
Dear Ms. Carter,
Resources
Dee Freeman
Secretary
RECEIVED
DIVISION OF WATER QUe.:_;-If
DEC - 8 2011
SWIP SECTION
MOORESVILLE REGIONAL GI .':�.;E
Thank you for submitting the supporting information requested for the September 21, 2011 effluent toxicity
test result for the CNA Holding Inc., Ticona Facility. All relevant information has been reviewed by Aquatic
Toxicology Unit staff. A result of "pass" has been recorded for the September 21, 2011 toxicity test.
To investigate the apparent difference in results obtained from the two tests, documentation concerning
sampling, testing, and lab procedures were examined. Water quality parameters of the effluent sample and
control waters for the tests were similar. All quality assurance documentation from both labs was in order.
However, during the test review, it was noted the chain -of -custody sheet from each laboratory contained
different sample. collector signatures. Mr. Johnny Ledford signed as the sample collector on the ETT
Environmental Inc.'s chain -of -custody sheet for the 9/19/11-9/20/11 and the 9/21/11-9/22/11 samples. For
the two North Carolina Division of Water Quality (NCDWQ) samples Mr. John Lesley of the Mooresville
Regional Office (MRO) signed as the collector on the 9/19/11-9/20/11 sample, and Ms. Donna Hood signed
as the collector on the 9/21/11-9/22/11 sample. The date/times agreed on all the chain -of -custody forms.
The sample collection forms must be filled out accurately and completely in order to document each step in
the sample handling process. Each form must be signed with date/time by the individual who collects, and
splits the sample. If one person collects the sample, and a second individual splits the sample, both should
sign the chain -of -custody forms.
Also, as we recently discussed your facility's split sampling procedure should be modified.'As Mr. Ferrell, a
member of our staff, explained to Mr. Johnny Ledford and you on 11/15/2011, the procedure should be
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road. Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wqless/atu
NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer

modified so that a small amount (i.e. approximately one quarter of container volume or less ) be poured -into
each laboratory's shipping container making certain the sample is mixed well between each pouring. This
pouring procedure should be repeated for each laboratory's container until all are full. Using this split
sampling method avoids the possibility of one laboratory receiving a sample containing a greater
concentration of any stratified toxic constituents. Since the 9/20/11 and 9/22/11 samples were not mixed
according to the method described above, it is possible that the NCDWO sample contained a greater
concentration of stratified toxic constituents.
If you should have any further question about this, please feel free to contact Lance Ferrell of this office at
[phone] or the Mooresville Regional office at [phone] for assistance.
ncerely,
Cindy Moore, Supervisor
Aquatic Toxicology Unit
Cc: ' ZZbert ' . Rrebs� TI -
ETT Environmental, Inc.
Central Files
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road. Raleigh, North Carolina 27607 1�7One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 1 v Orth Car ofina
Internet: http:llportal.ncdenr.orglweblwglesslatu �����N� SS_
An Equal Opportunity 1 Affirmative Action Employer L "J

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
October 21, 2011
Ms. P.E.M. Carter
Environmental Engineer
CNA Holdings, Inc.
2525 Blacksburg Road
Grover, NC 28073
Subject: Toxicity Test Results
CNA Holdings, Inc. - Ticona Facility WWTP
NPDES Permit No. NC0004952
Cleveland County, NC
Dear Ms. Carter:
Enclosed is a copy of the toxicity test results relative to the inspection conducted at the subject
facility on September 20 and 22, 2011 by John Lesley and Donna Hood of this Office. Whole effluent
samples were collected for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test utilizing
these samples resulted in a test failure. Effluent samples were split with EET Environmental, Inc. The
test conducted by ETT Environmental resulted in a pass. Because of the conflicting results, the facility is
considered compliant and a Notice of Violation will not be issued for the test failure. A retest may be
scheduled later pending review of the test data by the Aquatic Toxicology Unit.
The report should be self-explanatory; however, should you have any questions concerning this
report, please do not hesitate to contact Mr. Lesley or me at [phone].
Sincerely,
obert B. Krebs
Regional Supervisor
�'— Surface Water Protection
Enclosure
cc: Central Files
Susan Meadows, Aquatic Toxicology Unit
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
NorthCarolina
Naturally
Internet: www.ncwaterguality.ore Customer Service 1-877-623-6748
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NPDES Permit No. NC0004952
Page 2
Whole effluent samples were collected on September 20 and 22, 2011 by John Lesley and
Donna Hood for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. CNA Holdings-Ticona Facility
WWTP has an effluent discharge permitted at 0.80 MGD entering Buffalo Creek (7Q10 of 20.0 CFS).
The test using these samples resulted in a FAIL. Toxicity test information follows:
Test Type
Test Concentration
Test Result
Control Survival
Control Mean Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second Sample Total Residual Chlorine
3-Brood Ceriodaphnia dubia pass/fail
5.8.% sample
FAIL*
100%
24.3 neonates
100%
18.5 neonates
8.23 SU
973 micromhos/cm
<0.10 mg/I
8.62 SU
897 micromhos/cm
<0.10 mg/I
*ETT Environmental, Inc. conducted a chronic pass/fail test utilizing split samples. The ETT
Environmental, Inc. test passed at 5.8%. A retest of the facility effluent may be scheduled at a later date
pending review of the test data.

Division of Water Quality
October 6, 2011
MEMORANDUM
To: Rob Krebs
Surface Water Protection, MRO
Through: Cindy A. Moore CT "
Supervisor, Aquatic Toxicology Unit
From: Carol Hollenkamp Ct�
Quality Assurance Officer, Aquatic Toxicology Unit
Subject: Whole effluent toxicity test results
CNA Holdings, Inc.-Ticona
NPDES Permit 9 NC0004952/001
Cleveland County
The aquatic toxicity test using 24-hour flow -proportional composite samples of effluent discharged from
CNA Holdings, Inc.-Ticona has been completed. CNA Holdings, Inc.-Ticona has an effluent discharge
permitted that is 0.8 million gallons per day (MGD) entering Buffalo Creek (7Q10 of 20.0 CFS). Whole
effluent samples were collected on September 20 by John Lesley and a facility representative and on
September 22 by Donna Hood and a facility representative for use in a chronic Ceriodaphnia dubia pass -
fail toxicity test. The test using these samples resulted in a fail. Toxicity test information follows.
Test Type 3-Brood Ceriodaphnia dubia chronic pass fail
Test Concentrations 5.8%
Test Result
Fail
Control Survival
100%
Control Mean Reproduction
24.3 neonates
Test Treatment Survival
100%
Treatment Mean Reproduction
18.5 neonates
First Sample pH
8.23 SU
First Sample Conductivity
973 micromhos/cm
First Sample Total Residual Chlorine
<0.10 mg/L
Second Sample pH
8.62 SU
Second Sample Conductivity
897 micromhos/cm
Second Sample Total Residual Chlorine
<0.10 mg/L
These samples were split and sent to ETT Environmental, Inc. The test conducted by ETT Environmental,
Inc. passed at 5.8% effluent. Lance Ferrell with ATU will review the disagreeing split test results. If it is
determined that a retest is needed, we will contact John Lesley for scheduling. Please contact us if you have
any questions or if further effluent toxicity monitoring is desired. We may be reached at [phone].
I are � .3N011
cc: Central Files
John Lesley, MRO
Aquatic Toxicology Unit Environmental Sciences Section

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 18, 2006
CERTIFIED MAIL 7006—opa 3 aT35'
RETURN RECEIPT REQUESTED
Mr. Edward McKinley
CNA Holdings, Inc.
2525 Blacksburg Road
Grover, North Carolina 28073
SUBJECT: NOTICE OF VIOLATION
Whole Effluent Toxicity (WET) Testing
Copper and Zinc Action Level Policy
NPDES Permit No. NC0004952/001
Ticona Facility WWTP
Cleveland County
Dear Mr. McKinley:
Alan W. Klimek, P.E., Director
Division of Water Quality
DEC 2 0 2001
This is to inform you that a review of your toxicity self -monitoring report form for the month of September 2006
indicates a violation of the toxicity limitation specified in your NPDES Permit. You should undertake necessary actions to
eliminate or reduce effluent toxicity to acceptable levels.
In addition, this correspondence contains important information on the Division's Copper and Zinc Action Level
Policy, which is triggered by two or more toxicity limit violations that occur during the toxicity testing calendar quarter
specified by the toxicity testing special condition of your NPDES Permit. Attachments addressing policy implementation
and a copy of the Division's Toxicity Reduction Guidance have been included with this Notice of Violation.
You should initiate follow-up toxicity testing upon a single WET test failure, which occurs during the toxicity
testing calendar quarter.
Your facility is currently monitoring for copper and/or zinc and the data indicate that the levels of copper/zinc in
your effluent have the potential to cause an exceedance of the NC water quality action level for this (these) parameter(s) in
your receiving stream during low stream flow conditions. The policy states that whenever a facility experiences two or more
toxicity limit violations during a toxicity testing calendar quarter, the NPDES Pemut will be modified to include numeric
limits for copper and/or zinc UNLESS the permittee provides one or more of the following:
1. Instream measurements of dissolved metal during low flow conditions that demonstrate compliance with
the Action Level standard
2. A revision of the prospective permit limit using improved inputs that in concert with existing or additional
monitoring data demonstrates compliance with the Action Level standard
3. Toxicity Identification Evaluation (TIE) results that definitively rule out copper and/or zinc as causes of
effluent toxicity
4. Demonstration by an alternative method approved by the Division and EPA that copper and/or zinc is not
the cause of toxicity
NorthCarolina
Naturally
North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone [phone] Customer Service
Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

holdings/ Ticona Facility WWTP
December 6, 2006
If the effluent is toxic, then we expect work to commence immediately with toxic effluent samples. Failure to
initiate work with toxic effluent samples during the study period is unacceptable and will be considered a failure to make
acceptable demonstration as cited above. We recommend a minimum of three separate sampling events during the nine -
month period to definitively rule out copper and/or zinc as causative effluent toxicants.
Please note that your actions to notify DWQ of prospective limit acceptance or to notify DWQ of plan option(s) and
subsequent submission of a plan are contingent upon two or more toxicity NPDES permit limit violations occurring during a
toxicity testing calendar quarter.
Also note that the WET limit will remain in your NPDES permit regardless of whether metals are the source of
effluent toxicity. The data resulting from your actions to disprove copper and/or zinc as sources of effluent toxicity will
determine whether NPDES Permit limits will be assigned for these parameters. You are responsible for initiating actions to
address these issues.
'You may consider entering into a Special Order by Consent (SOC) with DWQ. A SOC provides regulatory relief
for specific NPDES permit limit violations and, if signed, will contain a requirement to conduct a Toxicity Reduction
Evaluation. The SOC will contain a compliance schedule, stipulated penalties for failing to meet milestone activity dates and
may contain upfront penalties to settle past permit limit violations.
Additional information regarding the Division's Copper and Zinc Action Level Policy can be found at the following
web site - http://www.esb.enr.state.nc.us. Click on the "Aquatic Toxicology" Unit and go to the prompt "AT Downloadable
Files" located at the bottom of the page. This web site also contains EPA's "Toxicity Reduction Evaluation Guidance for
Municipal Wastewater Treatment Plants." Section 4 of this document contains pertinent information on Toxicity
Identification Evaluations.
If you have any questions concerning this correspondence, please contact Mr. John Giorgino at [phone].
Sincerely,
Jimrrn erton
Chief, Environmental Sciences Section
ATTACHMENTS
cc:--M'-ike;Parke Mooresville Regional Office (no attachments)
John Lesley -Mooresville Regional Office (no attachments)
Vanessa Manuel- Point Source Branch (no attachments)
Marshall Hyatt-USEPA Region IV, Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA
30303 (no attachments)
Central Files (no attachments)
Aquatic Toxicology Unit Files (no attachments)

O�W AT �9QG
p
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 6, 2006
CERTIFIED MAIL 7,9d6 "d /dD --0�3 " g�h96--a 750
RETURN RECEIPT REQUESTED
Mr. Edward J McKinley
CNA Holdings, Inc.
NC Hwy 198
Shelby, North Carolina 28151
SUBJECT: NOTICE OF VIOLATION
Whole Effluent Toxicity (WET) Testing
Copper and Zinc Action Level Policy
NPDES Permit No. NC0004952/001
Ticona Facility WWTP
Cleveland County
Dear Mr. McKinley:
Alan W. Klimek, P.E., Director
Division of Water Quality
DEC Cs�ltt
This is to inform you that a review of your toxicity self -monitoring report form for the month of September 2006
indicates a violation of the toxicity limitation specified in your NPDES Permit. You should undertake necessary actions to
eliminate or reduce effluent toxicity to acceptable levels.
In addition, this correspondence contains important information on the Division's Copper and Zinc Action Level
Policy, which is triggered by two or more toxicity limit violations that occur during the toxicity testing calendar quarter
specified by the toxicity testing special condition of your NPDES Permit. Attachments addressing policy implementation
and a copy of the Division's Toxicity Reduction Guidance have been included with this Notice of Violation.
You should initiate follow-up toxicity testing upon a single WET test failure, which occurs during the toxicity
testing calendar quarter.
Your facility is currently monitoring for copper and/or zinc and the data indicate that the levels of copper/zinc in
your effluent have the potential to cause an exceedance of the NC water quality action level for this (these) parameter(s) in
your receiving stream during low stream flow conditions. The policy states that whenever a facility experiences two or more
toxicity limit violations during a toxicity testing calendar quarter, the NPDES Permit will be modified to include numeric
limits for copper and/or zinc UNLESS the pertnittee provides one or more of the following:
1. Instream measurements of dissolved metal during low flow conditions that demonstrate compliance with
the Action Level standard
2. A revision of the prospective permit limit using improved inputs that in concert with existing or additional
monitoring data demonstrates compliance with the Action Level standard
3. Toxicity Identification Evaluation (TIE) results that definitively rule out copper and/or zinc as causes of
effluent toxicity
4. Demonstration by an alternative method approved by the Division and EPA that copper and/or zinc is not
the cause of toxicity
NorthCarolina
Naturally
North Carolina Division of Water Quality .1621 Mail Service Center Raleigh, NC 27699-1621 Phone [phone] Customer Service
Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

11
Page 2
CNA Holdings/ Ticona Facility WWTP
December 6, 2006
The Division has evaluated your copper and/or zinc monitoring data. The Division has also developed a prospective
NPDES permit limit based on your facility's instream waste concentration, the copper and/or zinc action level criterion and a
translator procedure. Based on this data your prospective copper permit limit is 19 µg/L.
The permittee, upon experiencing two or more toxicity limit violations during a toxicity testing calendar
quarter must either provide DWQ with:
a) Written notification indicating acceptance of the prospective copper and/or zinc permit
limit. Notification is due within 30 days after the date of the second WET Notice of
Violation.
OR
b) Written notification indicating your choice of option(s) as noted on page one of this
correspondence. Notification is due within 30 days after the date of the second WET Notice of
Violation. DWQ approval of options 1-3 (previous page) is not necessary as the Division expects work
to rule out copper and/or zinc as causative effluent toxicants to begin immediately upon the second
WET permit limit violation.
Written notification (a or b above) shall be sent to:
North Carolina Division of Water Quality
Environmental Sciences Section
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Please note that if you choose item b) above, you will be given nine months to submit documentation that eliminates
copper and/or zinc as causative effluent toxicants. Your final report should be comprehensive and include all data used to
support your conclusion(s). Should the data indicate copper and/or zinc as the source of effluent toxicity or if the data are
inconclusive as to copper and/or zinc's role as a toxicity source, then the NPDES Permit will be reopened and the metal
limits specified above will be applied to the permit. The report is due nine months after the date of the second WET Notice
of Violation.
Three copies of the final report shall be submitted to:
North Carolina Division of Water Quality
Environmental Sciences Section
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
You should consider submitting the above correspondence certified mail.
Failure to notify DWQ of your acceptance of a copper and/or zinc limit, failure to notify DWQ of your option
selection or failure to make acceptable demonstration to DWQ that copper and/or zinc are not causative effluent toxicants
within the stated time frames will result in reopening of the NPDES Permit to include copper and/or zinc numeric limitations,
as appropriate.
Page 3

CNA Holdings/ Ticona Facility WWTP
December 6, 2006
If the effluent is toxic, then we expect work to commence immediately with toxic effluent samples. Failure to
initiate work with toxic effluent samples during the study period is unacceptable and will be considered a failure to make
acceptable demonstration as cited above. We recommend a minimum of three separate sampling events during the nine -
month period to defmitively rule out copper and/or zinc as causative effluent toxicants.
Please note that your actions to notify DWQ of prospective limit acceptance or to notify DWQ of plan option(s) and
subsequent submission of a plan are contingent upon two or more toxicity NPDES permit limit violations occurring during a
toxicity testing calendar quarter.
Also note that the WET limit will remain in your NPDES permit regardless of whether metals are the source of
effluent toxicity. The data resulting from your actions to disprove copper and/or zinc as sources of effluent toxicity will
determine whether NPDES Permit limits will be assigned for these parameters. You are responsible for initiating actions to
address these issues.
You may consider entering into a Special Order by Consent (SOC) with DWQ. A SOC provides regulatory relief
for specific NPDES permit limit violations and, if signed, will contain a requirement to conduct a Toxicity Reduction
Evaluation. The SOC will contain a compliance schedule, stipulated penalties for failing to meet milestone activity dates and
may contain upfront penalties to settle past permit limit violations.
Additional information regarding the Division's Copper and Zinc Action Level Policy can be found at the following
web site - http://www.esb.enr.state.nc.us. Click on the "Aquatic Toxicology" Unit and go to the prompt "AT Downloadable
Files" located at the bottom of the page. This web site also contains EPA's "Toxicity Reduction Evaluation Guidance for
Municipal Wastewater Treatment Plants." Section 4 of this document contains pertinent information on Toxicity
Identification Evaluations.
If you have any questions concerning this correspondence, please contact Mr. John Giorgino at [phone].
Sincerely,
Jimnu erton
Chief, Environmental Sciences Section
ATTACHMENTS
cc: Mike Parker -Mooresville Regional Office (no attachments)
John Lesley -Mooresville Regional Office (no attachments)
Vanessa Manuel- Point Source Branch (no attachments)
Marshall Hyatt-USEPA Region IV, Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA
30303 (no attachments)
Central Files (no attachments)
Aquatic Toxicology Unit Files (no attachments)