No ID_DEQ Meeting Notes for 5-28-2019_20190528

Meeting Notes
Former Cape Industries Waste Injection
Facility Wilmington, New Hanover County,
North Carolina May 28, 2019 2:00 pm EST
I. Attendees:
A. North Carolina Department of Environmental Quality (NCDEQ): Debra Watts, Morella
King, Michael Rogers, Shristi Shrestha, Jeff Manning, Christopher Ventaloro, Bridget
Flaherty, Sandra Mort and Geoff Kegley (via phone). Additionally invited from the
NCDEQ, but could not attend: Tom Tharrington.
B. Hercules LLC (Hercules): Chrissy Piechoski, Richmond Williams (via phone).
C. Groundwater & Environmental Services, Inc. (GES): Joseph Keller, Andrea Taylorson-
Collins, David Cleland (via phone), representatives of Hercules.
D. Integral Consulting: Ann Bradley (via phone), representative of Hercules.
E. Roles and contact information for attendees are provided in Appendix A.
II. Meeting Location:
Archdale Building, 512 N. Salisbury St. Raleigh NC Room: 111h floor, Conference Room 1109
North. Conference Call: 1-800-220-3606 extension 50603703
III. Meeting Purpose:
To obtain a status update on the Interim Maximum Allowable Concentration (IMAC) for p-toluic
acid as it affects the Site Assessment Report (SAR) and future Remedial Action Plan for this Site.
A record of the discussions and agreements between Hercules and the NCDEQ on the IMAC for
p-toluic acid is included as Attachment A.
IV. Meeting Notes:
A. Administrative Notes
1. The NCDEQ agreed to distribute a meeting attendee list with individuals' title
and NCDEQ section.
2. Hercules agreed to distribute meeting minutes.
B. P-toluic Acid IMAC
1. The NCDEQ briefly discussed the process by which IMACs are reviewed and
used.
a) IMACs do not expire; they are reviewed every three years (mirrored to
the Clean Water Act). They can be reviewed sooner if the NCDEQ deems
it necessary.
b) If a non -naturally -occurring constituent does not have an IMAC or 2L
standard, the groundwater standard is the practical quantitation limit.
c) The EMC makes the final decision on IMACs and relies on NCDEQ staff
for opinion, but they do not have to follow staff opinion.
d) Current version of the 2L Rules relating to IMAC's:
(1) IMACs need Director's approval, per changes in 2015.
(2) NCDEQ stated its view that the IMAC is an enforceable
standard and referred to its position in a recent groundwater matter
involving Duke Energy.
(3) Within three months of the adoption of the IMAC, the 2L rules
require the Director to initiate rule -making to adopt the IMAC as a
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NCDEQ & Hercules Meeting Notes
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(4) Hercules noted its view that an IMAC has not been adopted as
a regulation and therefore cannot be an enforceable standard, at least
for some purposes. It is Hercules' position that it may rely on an
acceptable IMAC for purposes of corrective action under 15A NCAC 02L
.0106.
2. The NCDEQ discussed the status of the IMACs for p-toluic acid and acetic acid.
a) The IMAC for p-toluic acid will remain as an IMAC for the foreseeable
future. It was not recommended by the NCDEQ to be adopted by the
EMC as a 2L standard due, in part, to the White Paper submitted by
Hercules.
b) The NCDEQ will recommend the IMAC for acetic acid be adopted as a
2L standard by the EMC (5,000 ug/I, set at the PQL).
c) The NCDEQ has reached out to the EPA to comment and review the
IMAC for p-toluic acid and is awaiting a response from EPA. There is no
known time frame for a response from the EPA.
(1) Hercules questioned if they could check on the status of the
IMAC in six months and the NCDEQ agreed.
(2) Hercules reiterated its view that there are inadequate data to
support the original IMAC, as discussed in the White Paper.
d) The NCDEQ commented that a more recent literature search was
conducted for p-toluic acid, and that additional literature has not been
located. Hercules agreed that no toxicity data/literature more recent
than that presented in the 2018 White Paper on p-toluic acid toxicity
appears to be available at this time.
(1) The NCDEQ and Hercules agreed to share any new toxicity
data discovered.
e) The NCDEQ stated that the Hercules site is the only site in the state of
NC that has p-toluic acid as a constituent of concern (COC).
3. The parties discussed the appropriateness of benzoic acid as a surrogate.
a) Hercules notes its understanding from prior communications with
NCDEQ that the Agency was comfortable with the use of benzoic acid
as a surrogate for p-toluic acid, based in part on the conclusion in the
USEPA National Center for Environmental Assessment (NCEA)
Superfund Technical Support Center's (STSC) July 16, 2014 response
document that concluded that, "...benzoic acid appears to be a viable
surrogate for p-toluic acid because of similarities in structure...,
metabolites formed..., physiochemical properties, and mouse oral
LDSos." Refer to April 4, 2017 Memorandum summarizing the March 7,
2017 meeting between NCDEQ, Hercules, GES and RBR Consulting.
b) The NCDEQ stated that the Rules (NCAC 02L.0106) do not discuss the
use of a surrogate and there is currently no precedent for the use of a
surrogate.
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c) The NCDEQ indicated that its review in 2018 of the data and conclusions
in the Shirota et al. (2008) paper served as the basis for the issuance of
the current IMAC. Hercules viewed the basis of the current p-toluic acid
IMAC to reflect a change from its prior understanding with NCDEQ
regarding the agency's apparent acceptance of benzoic acid as a
surrogate. The NCDEQ agreed that the Shirota et al. (2008) paper
presented a very limited data set, but is more comfortable with the
2008 data than relying on a surrogate.
d) Hercules asked if there were particular aspects of the use of benzoic
acid as a surrogate that the NCDEQ felt were particularly uncertain.
(1) The NCDEQ stated that the surrogate must be metabolically
similar for the toxicologist to consider it.
(a) Hercules notes that benzoic acid is metabolically
similar to p-toluic acid. Both compounds conjugated with
glycine in the liver and then excreted as hippuric acid (see 2018
White Paper on p-toluic acid toxicity).
(2) The NCDEQ stated that the structural differences of the
surrogate results in uncertainty that currently prohibits the NCDEQ
toxicologist from accepting it.
(a) Hercules notes the USEPA NCEA STSC July 16, 2014
response document identified a 71.4% similarity between the
structures of benzoic acid and p-toluic acid.
e) The NCDEQ noted that the uncertainty factor used for benzoic acid
was 1 and was based on human daily intake, estimated daily dose and
not an endpoint. The NCDEQ requests a higher uncertainty factor and
additional peer reviewed data to use benzoic acid as a surrogate
(NCAC 02L.0106 (d) and (e)).
4. The NCDEQ has reviewed the October 2018 White Paper on p-toluic acid toxicity
and will provide a response. There is no specific time frame for the review.
C. SAR:
1. Hercules stated that the Revised SAR was re -submitted on September 27, 2018
to NCDEQ. The SAR used the proposed IMAC for p-toluic acid of 0.035 mg/L.
Hercules used the proposed IMAC as guidance for the purposes of its evaluation,
so that a "worst case" risk/exposure analysis could be completed. Hercules
stated the following:
a) Because the site has been assessed in accordance with the corrective
action provision of the groundwater rules, 15A NCAC 02L .0106(g),
additional investigations and characterizations are not warranted, since
the factors that determine the fate and transport of COPCs at the site
are well understood and documented;
b) There are no exceedances of an adopted 15A NCAC 02L standard;
c) Natural attenuation of p-toluic acid and acetic acid is continuing and will
further reduce concentrations. Exceedances of the IMACs for p-toluic
acid (35 µg/L) and acetic acid (5 mg/L) are modeled to 40 years with
delineation. There is vertical separation (600 feet) between the plume
and freshwater bearing zones with multiple aquicludes;
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d) COPCs are detected in high salinity aquifers not used for potable water
and would require treatment of high salinity prior to potential potable
use; and
e) Risk to receptors is limited to incidental exposure by groundwater
sampling and wellhead maintenance personnel, as modeling indicates
no impacts to surface water or near the surface aquifer.
2. The NCDEQ has reviewed the SAR and stated that it is approvable. The NCDEQ
will conduct a final review shortly. The NCDEQ anticipated it would provide
feedback on the SAR within 30 days of the meeting.
D. Remedial Action:
1. Remedial action will be determined after re-evaluation of the IMAC for p-toluic
acid and SAR approval by NCDEQ.
2. The following Remedial Action Options were discussed:
a) Under .0106(n) of the Groundwater rules, where NCDEQ determines
that continued corrective action would result in no significant reduction
in contaminant concentrations, and the contaminated groundwaters
cannot be rendered potable by treatment using technologies that are
in use in other applications and shown to be effective for removal of
contaminants, the NCDEQ Secretary may reclassify the groundwater to
a GC classification under .0201 of the 2L rules.
b) Under .0104(a) of the rule, NCDEQ can also apply the Restricted
Designation for contaminated groundwater (RS) if the agency has
approved a corrective action plan that will not result in the immediate
restoration of such groundwaters to the groundwater standards. RS
can also be applied if a variance is granted, but it is not necessary if
the requirements of the prior sentence are met.
c) Groundwaters may also be reclassified under the general provisions of
15A NCAC 02L .0319, including reclassification to GC where treatment
technology cannot cost-effectively be treated or meet 2L standards. A
statutory variance to the 2L Standards might need to be granted in
accordance with 15A NCAC 02L .0113. Intent would be to reclassify the
deep, 1,000-foot saline aquifer. Would require long term monitoring
until the IMAC is met. Requirements for this option are vague.
d) A remediation variance can be granted pursuant to G.S. 143-215.3(e)
and 2L.0113. Generally, this would require showing there is no public
danger, 2L cannot be achieved using the best available technology
economically reasonable, it is not in the best interest of the public to
remediate, and would create a financial hardship to remediate.
Requires long term monitoring until the IMAC is achieved and may
require a restricted designation (RS).
Requirements are more defined than in comparison to groundwater
reclassification. The request for a remediation variance goes before the
EMC; however, the EMC has not had a remediation variance brought
before it. NCDEQ anticipates the EMC would ask the NCDEQ staff if they
support the variance request, and NCDEQ suspects the staff would
support it.
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NCDEQ & Hercules Meeting Notes
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NCDEQ noted there was good evidence of natural attenuation occurring
but it is unlikely it will be sufficient to achieve the IMAC for p-toluic acid.
Therefore, there may be a good case for technical infeasibility since the
IMAC for p-toluic acid is so low.
e) Risk -based Remediation under the Risk -based Remediation Act, as
enacted through legislation passed in 2011 and 2015. The Act requires
a site model to demonstrate surface water will not be contaminated
and IMACs are not achievable. Consent from current site owner would
be required. There is a fee to enter the program and a yearly cost for
the program. This option would also require long term monitoring until
the IMAC is achieved. Guidance website: https://deg.nc.gov/permits-
regulations/risk-based-remediation.
Hercules asked that if a risk -based approach showed acceptable risk,
would NCDEQ require long-term monitoring until the IMACs and other
statutory endpoints are achieved. NCDEQ will look into that question
and provide a response.
A risk -based approach would require evaluation of current and future
receptors as well as consider breakdown compounds associated with
natural attenuation. The default exposure scenario is residential. The
IRIS database would be the basis for the toxicity data and the standard
USEPA risk calculation would need to be followed. The risk assessment
would need to include all exposure routes (groundwater, soil, etc.) with
a 1 x 10-4 maximum additive risk for cancer and 1.0 for non -cancer risks.
Hercules would need to obtain land use and/or deed restrictions for
excluding groundwater as an exposure route.
f) Subsection 02L .0106(I T) of the groundwater rules permits the use of
Monitored Natural Attenuation (MNA). NCDEQ agrees there is good
evidence to show the plume is shrinking. One concern is that
methanogensis can slow down MNA. The framework for saline aquifers
MNA is set up. MNA considers breakdown components of the original
COCs. Requires long term monitoring until the IMAC is achieved.
However, Hercules noted the practical ability to use MNA hinges on the
adoption of an acceptable IMAC for p-toluic acid.
V. Ongoing Monitoring Activities
A. Injection wells are sampled bi-annually; next sampling event is scheduled for the
summer of 2020.
B. Well heads have been retrofitted with automated venting systems to relieve controlled
gas pressure without water releases.
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VI. Follow up
A. Hercules requests that NCDEQ submit the October 2018 White Paper on p-toluic acid
toxicity to the EPA for review and comment.
B. NCDEQ will follow up with the EPA for an opinion on the IMAC for p-toluic acid.
C. The NCDEQ will review the SAR and provide feedback to Hercules.
D. The NCDEQ will provide a response to the October 2018 White Paper on p-toluic acid
toxicity.
E. The NCDEQ will provide a response on whether a risk -based approach showing
acceptable risk would still require long-term monitoring until the IMACs and other
statutory endpoints were achieved.
F. The NCDEQ will provide information regarding whether a remedial option exists that
will not require long term monitoring.
G. The NCDEQ and Hercules will share additional research information regarding p-toluic
acid as it becomes available.
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NCDEQ & Hercules Meeting Notes
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Appendix A
Hercules Attendee List:
Chrissy Piechoski
Remediation Project Manager
Ashland LLC
500 Hercules Road, Wilmington, DE 19808
Office: [phone]
Mobile: [phone]
chrissv.Diechoski(@ashland.com
Richmond L. Williams
Chief Counsel, Environmental Litigation and Real Estate
Ashland LLC
Office: [phone]
Mobile: [phone]
rlwilliamsCcDashland.com
Joseph A. Keller, PE
Vice President, Client Programs
Groundwater & Environmental Services, Inc.
Office: 800.220.3606 ext. 3731
Mobile: [phone]
[e-mail]
Andrea Taylorson-Collins
Senior Project Manager
Groundwater & Environmental Services, Inc.
Office: 800.220.3606 ext. 3703
Mobile: [phone]
[e-mail]
David Cleland
Senior Project Hydrogeologist
Groundwater & Environmental Services, Inc.
Office: 800.220.3606 ext. 4606
Mobile: [phone]
[e-mail]
Ann Bradley
Senior Consultant, Practice Director
Integral Consulting
Office: [phone]
Mobile: [phone]
[e-mail]
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Attachment A to May 28 Meeting Notes
Record of the Discussions and Agreements between Hercules and NCDEQ on the Interim Maximum
Allowable Concentrations (IMAC) for P-toluic Acid
P-toluic acid (IMAC) History:
A. April 23, 2014 a meeting was held with NCDEQ that resulted with the request for
Hercules to work with NCDEQ to develop IMACs for acetic acid and p-toluic acid.
B. January 29, 2015 Hercules presented a Conceptual Site Model Presentation to NCDEQ
and proposed using benzoic acid as a surrogate for the p-toluic IMAC.
C. May 26, 2015 Hercules submitted a Site Assessment Report (SAR) with the proposed
IMAC of 28.0 milligrams per liter (mg/L) for p-toluic acid based on benzoic acid as a surrogate.
D. March 7, 2017 NCDEQ accepted use of benzoic acid (30.0 mg/L) as surrogate for p-
toluic acid during a Hercules presentation.
E. August 7, 2017 Hercules submitted the SAR Addendum with the proposed IMAC of
30.0 mg/L for p-toluic acid using benzoic acid as the surrogate.
F. February 19, 2018 NCDEQ advised Hercules of the new establishment of the IMAC
value of 35 µg/L for p-toluic acid.
G. October 25, 2018 Hercules submitted a "Technical Review for P-toluic Acid" (White
Paper) to Linda Culpepper, Interim Director of the Division of Water Resource, NCDEQ.
H. NCDEQ Director established IMACs for p-toluic acid (35 micrograms per liter (µg/L))
and acetic acid (5,000 µg/L) on April 4, 2018. The NCDEQ April 17, 2018 letter to Hercules
included background, calculations, summaries with information, and planned power point
presentation for the Environmental Management Commission (EMC) regarding the acetic acid
and p-toluic acid IMACs
1. EMC Water Quality committee met on March 13, 2019. The IMAC for p-toluic acid was
not adopted as a 2L groundwater standard and is one of 11 IMACs that will currently remain as
IMACs.