WQ0001492_Staff Report_20210430

State of North Carolina
Division of Water Resources

Water Quality Regional Operations Section
Staff Report

April 30, 2021
To: NPDES Unit Non-Discharge Unit Application No.: WQ0001492
Attn: Erick Sanders
Facility name: Elementis Chromium Castle Hayne Manufacturing Facility
Owner: Occidental Chemical Corporation

From: Morella Sanchez King
Wilmington Regional Office
Note: This form has been adapted from the non-discharge facility staff report to document the review of both non-
discharge and NPDES permit applications and/or renewals. Please complete all sections as they are applicable.
I. GENERAL AND SITE VISIT INFORMATION
1. Was a site visit conducted? Yes or No
a. Date of site visit: 04/13/2021
b. Site visit conducted by: Morella Sanchez King as lead inspector, and Geoff Kegley
c. Inspection report attached? Yes or No The inspection report is in preparation.
d. Person contacted and contact information: We contacted consultants Scott Drury (cell: 919-414-0750),
Sean Coury (cell: [phone]; [e-mail])
a.Driving directions: 5408 Holly Shelter Rd, Castle Hayne, NC 28429
2. Discharge Point(s):
Latitude: Longitude:
Latitude: Longitude:
3. Receiving stream or affected surface waters:
Classification:
River Basin and Subbasin No.
Describe receiving stream features and pertinent downstream uses:
II. PROPOSED FACILITIES: NEW APPLICATIONS
1. Facility Classification: (Please attach completed rating sheet to be attached to issued permit)
Proposed flow:
Current permitted flow:
2. Are the new treatment facilities adequate for the type of waste and disposal system? Yes or No
If no, explain:
3. Are site conditions (soils, depth to water table, etc) consistent with the submitted reports? Yes No N/A
If no, please explain:
FORM: WQROSSR 04-14 Page 1 of 14

4. Do the plans and site map represent the actual site (property lines, wells, etc.)? Yes No N/A
If no, please explain:
5.Is the proposed residuals management plan adequate?Yes No N/A
If no, please explain:
6. Are the proposed application rates (e.g., hydraulic, nutrient) acceptable? Yes No N/A
If no, please explain:
7. Are there any setback conflicts for proposed treatment, storage and disposal sites? Yes or No
If yes, attach a map showing conflict areas.
8. Is the proposed or existing groundwater monitoring program adequate? Yes No N/A
If no, explain and recommend any changes to the groundwater monitoring program:
9. For residuals, will seasonal or other restrictions be required? Yes No N/A
If yes, attach list of sites with restrictions (Certification B)
Describe the residuals handling and utilization scheme:
10. Possible toxic impacts to surface waters:
11. Pretreatment Program (POTWs only):
III. EXISTING FACILITIES: MODIFICATION AND RENEWAL APPLICATIONS
1. Are there appropriately certified Operators in Charge (ORCs) for the facility? Yes No N/A
The type of permit does not require an ORC. The facility has a Site Manager: Frank Barone [phone]
2. Are the design, maintenance and operation of the treatment facilities adequate for the type of waste and disposal
system? Yes or No
If no, please explain:

Description of existing facilities: The description in the permit is partially correct. It should be expanded to
include the Corrective Action Plan Activities (L-CAP) that is also part of the permit, as explained below:

The description of the current permit refers the operation of the residuals management program which consists
of the surface disposal of Industrial Byproducts, the approved residual sources in Attachment A, the disposal
sites in Attachment B, and the groundwater monitoring schedule in Attachment C. The permittee refers to

The current permit description does not include the groundwater monitoring related to the Corrective Action
Plan (L-CAP) approved in July 1999. The permit description should be expanded to include the monitoring
associated with the L-CAP since they are also SDIBR wells. Additional information, is included in the Attachment,
which is at the end of Section V of this staff report. Refer to Section 2 (Background Information) of the 2020
Natural Attenuation GW Monitoring Report.

Proposed flow: n/a

Current permitted flow: n/a

The maximum amount of industrial by-products to be disposed of is 171,000Dry Tons/year in a net surface area
of 166.6 acres (total acreage of Section I and II of the Quarry). Currently, Section I is used as a backup area and
residuals are disposed of in Section II.

Explain anything observed during the site visit that needs to be addressed by the permit, or that may be important
for the permit writer to know (i.e., equipment condition, function, maintenance, a change in facility ownership,
etc.)

FORM: WQROSSR 04-14 Page 2 of 14

This information is provided in Section V.
3. Are the site conditions (e.g., soils, topography, depth to water table, etc) maintained appropriately and adequately
assimilating the waste? Yes or No
If no, please explain:
4. Has the site changed in any way that may affect the permit (e.g., drainage added, new wells inside the compliance
boundary, new development, etc.)? Yes or No
If yes, please explain:
5. Is the residuals management plan adequate? Yes or No
If no, please explain:
6. Are the existing application rates (e.g., hydraulic, nutrient) still acceptable? Yes or No
If no, please explain:
7.Is the existing groundwater monitoring program adequate? Yes No N/A
If no, explain and recommend any changes to the groundwater monitoring program: Recommendations are
provided in Section V
8. Are there any setback conflicts for existing treatment, storage and disposal sites? Yes or No
If yes, attach a map showing conflict areas.
9. Is the description of the facilities as written in the existing permit correct? Yes or No
If no, please explain:

The description in the permit is partially correct. It should be expanded to include the Corrective Action Plan
Activities (L-CAP) that is also part of the permit, as explained below:

The description of the current permit refers the operation of the residuals management program which
consists of the surface disposal of Industrial Byproducts, the approved residual sources in Attachment A, the
disposal sites in Attachment B, and the groundwater monitoring schedule in Attachment C. The permittee

The current permit description does not include the groundwater monitoring related to the Corrective
Action Plan (L-CAP) approved in July 1999. The permit description should be expanded to include the
monitoring associated with the L-CAP since they are also SDIBR wells. Additional information, is included in
the Attachment- Refer to Section 2 (Background Information) of the 2020 Natural Attenuation GW
Monitoring Report.
10. Were monitoring wells properly constructed and located? Yes No N/A
If no, please explain:
Wells were properly constructed. However, some of the MWs are located inside the review boundary
because of site constraints that prevent moving them to the RB and away from the quarries. For example,
wells located between the northern edge of the Quarry (Sections I and II) and the Northeast Cape Fear River.
11. Are the monitoring well coordinates correct in BIMS? Yes No N/A
If no, please complete the following (expand table if necessary):

Refer to Section IV- Expanding list of wells to include 1-CAP wells.
Monitoring Well Latitude Longitude
!!!!!! -!!!!!!
!!!!!
!!!!!! -!!!!!!
!!!!!
!!!!!! -!!!!!!
!!!!!

FORM: WQROSSR 04-14 Page 3 of 14

12.Has a review of all self-monitoring data been conducted (e.g., DMR, NDMR, NDAR, GW)?Yes or No
Please summarize any findings resulting from this review:
Refer to Section V
Provide input to help the permit writer evaluate any requests for reduced monitoring, if applicable.
13. Are there any permit changes needed in order to address ongoing BIMS violations? Yes or No
If yes, please explain: !!!!!
14. Check all that apply:
No compliance issues Current enforcement action(s) Currently under JOC
Notice(s) of violation Currently under SOC Currently under moratorium

Activities covered under WQ0001492 are in compliance with the conditions of the permit. For example, the
Annual residuals reports during the permit cycle indicate compliance with permit requirements.
However, there have been some non-compliance groundwater sampling events that are explained in Section
V.
Please explain and attach any documents that may help clarify answer/comments (i.e., NOV, NOD, etc.)
If the facility has had compliance problems during the permit cycle, please explain the status. Has the RO been
working with the Permittee? Is a solution underway or in place?
Have all compliance dates/conditions in the existing permit been satisfied? Yes No N/A
If no, please explain:
15. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit?
Yes No N/A
If yes, please explain:
16. Possible toxic impacts to surface waters: N/A
17. Pretreatment Program (POTWs only): N/A

FORM: WQROSSR 04-14 Page 4 of 14

IV. REGIONAL OFFICE RECOMMENDATIONS
1. Do you foresee any problems with issuance/renewal of this permit? Yes or No
If yes, please explain:
2. List any items that you would like the NPDES Unit or Non-Discharge Unit Central Office to obtain through an
additional information request:
Item Reason
Request clarification on the
Verify with permittee the scope of the permit. From the excerpt in the
permit description to
Attachment which is included at the end of Section V of this report, WiRO
proceed with the
concludes that the permit description should be expanded to include the
expansion of the current
monitoring associated with the L-CAP since they are also SDIBR wells.
description
Provide a complete list and
The WiRO recommends to expand Attachment C to include L-CAP wells and
map identifying of wells,
their sampling schedule. Similarly, the well Identification List (Site Map)
including the wells
should identify all monitoring wells including the ones currently listed and
currently listed in permit,
the L-CAP wells.
at the L-CAP wells.
The renewal application dated March 2, 2021, summarizes the calculations of
the life remaining in Sections 1 and 2 of the Quarry. Calculations were made
based on the maximum bichromate equivalent (BE) production of 360 tons per
day resulting in a life remaining of 3.4 years for Section 1 and 4.0 years for
Remaining Disposal
Section 2. The combined life remaining for both basins would be ~ 7 years
Volume in Quarry, Sections
while the life remaining in each of the basins would be less than the length of
1 and 2
the upcoming permit cycle.

Please provide an updated estimate of the life remaining in the basins
considering the average typical production rate.

3. List specific permit conditions recommended to be removed from the permit when issued:
Condition Reason

4. List specific special conditions or compliance schedules recommended to be included in the permit when issued:
Condition Reason
The permit description should be expanded to include the monitoring
associated with the L-CAP since they are also SDIBR wells. Additional
Expand permit
information, is included in the Attachment which included at the end of
Description
Section V of this report.

FORM: WQROSSR 04-14 Page 5 of 14

The WiRO suggests that the new permit includes a condition to address
recurrent exceedances to the 2L standards. For example, if monitoring results
show exceedances of the same parameter after 3 consecutive sampling
GW Monitoring
events, a localized site assessment or modeling evaluation should be
Non-compliance events
performed to (1) determine the cause of such exceedances and (2) plan a
corrective action in the affected area.

The WiRO recommends a permit condition (perhaps in the Schedules, Section
Remaining Disposal
I) to account for the life remaining in the basins and the potential closure in
Volume in Quarry, Sections
the upcoming cycle. I am not sure about the language to be added but I
1 and 2
believe that a permit condition mentioning this fact would be beneficial. Could

it be an expansion of Schedule I.2?
5. Recommendation: Hold, pending receipt and review of additional information by regional office
Hold, pending review of draft permit by regional office
Issue upon receipt of needed additional information
Issue
Deny (Please state reasons: )
6. Signature of report preparer:
Signature of regional supervisor:
Date:
V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS

Geoff Kegley and Morella Sanchez King performed a site inspection to the Elementis Chromium Facility on
04/13/20121. We appreciate the kindness and support offered by Sean Coury and Scott Drury during the
inspection. The inspection was to document the compliance of the facility with the requirements of the
permit and to review the request for permit renewal. The facility is deemed complaint. The following
aspects will be noted in the staff report for the renewal of the permit.

1. Permit Description
The description of the current permit refers the operation of the residuals management program which
consists of the surface disposal of Industrial Byproducts, the approved residual sources in Attachment A, the
disposal sites in Attachment B, and the groundwater monitoring schedule in Attachment C. The permittee

The current permit description does not include the groundwater monitoring related to the Corrective
Action Plan (L-CAP) approved in July 1999. The permit description should be expanded to include the
monitoring associated with the L-CAP since they are also SDIBR wells. Additional information, is included in
the Attachment- Refer to Section 2 (Background Information) of the 2020 Natural Attenuation GW
Monitoring Report.

2. Residual Application:
Annual residual reports during the permit cycle indicate compliance with permit requirements.

FORM: WQROSSR 04-14 Page 6 of 14

3. Groundwater Monitoring:
As indicated above, two groundwater monitoring programs take place at the site: (a) GW Monitoring wells
currently listed in the permit (also referred as SDIBR wells by the permittee); and (b) Monitoring wells
related to the L-CAP.

a) Groundwater Monitoring Disposal basins (currently in the permit):
The permit is for the continued operation of a residuals management program consisting of the surface
disposal of industrial byproduct residuals generated by the Elementis Chromium Castle Hayne
Manufacturing Facility (NPDES Permit NC0003875). The non-discharge permit (WQ0001492) requires 24
monitoring wells, sixteen of which overlap with the wells required by the L-CAP and also includes 8
additional wells which surround the plant process area and the closed former sludge lagoon. The wells are
sampled in July and November for chloride, total chromium, total iron, total nickel, pH, and TDS.

The overall trend in COCs (chlorides, iron, TDS) shows lowering from historic highs and generally appears
that natural attenuation is occurring. Chloride has been below 2L since 2016. Below are a few select
concentration versus time graphs for the period 1989-2020 to illustrate iron, TDS, and chloride trends in
wells MW-17/ CPW-7S, MW-18/CPW-8S, and MW-19/CPW-9S (these three wells are common for the GW
monitoring requirements in the permit and L-CAP requirements).

FORM: WQROSSR 04-14 Page 7 of 14

FORM: WQROSSR 04-14 Page 8 of 14

b) GW Monitoring L-CAP: Groundwater exceedances are being addressed under the natural attenuation
corrective action plan mentioned in item 1 (L-CAP). The overall trend in COCs shows lowering from
historic highs. It appears that natural attenuation is successfully implemented. However, there were
some total chromium exceedances, though it was atypical and likely in response to flooded conditions
caused by Hurricane Florence.

c) Non-Compliance Issues:
2018-2010 Summary: Record precipitation from Hurricane Florence in 2018 produced some
anomalous values leading to exceedances for iron and TDS for both the upper and lower aquifers.
Permit-required monitoring was completed in November 2018, two months after Hurricane
Florence. Total chromium was detected above the 2L standard of 10 ug/l in MW-1/CPW-13S, MW-
9/CPW-9D, and MW-10/CPW-10D (11, 19, and 18 ug/l, respectively) which do not typically contain
elevated total chromium concentrations. MW-1 is located along the southeastern perimeter of
Quarry Section 2 and MW-9 and MW-10 are located along the western perimeter of Quarry Section
1 (adjacent to the Northeast Cape Fear River).

During the July 2019 permit-required sampling event, total chromium was detected above the 2L
standard in well MW-2/CPW-14S (upper aquifer, 37 ug/l) and MW-9/CPW-9D and MW-15/CPW-15D
(lower aquifer, 19 and 232 ug/l, respectively). Wells were resampled in August 2019 and total
chromium was above the 2L standard in two of the wells MW-2/CPW-14S (120 ug/l) and MW-
9/CPW-9D (150 ug/l), total chromium was not detected in MW-15/CPW-15D.

2020-2021 Summary: Permit-required compliance groundwater monitoring was completed during
July and November 2020. Results of analysis of the July and November 2020 samples, and March
2021 indicate total nick
respectively) in samples collected from MW-17/CPW-7S. Total nickel is not a COC which is being
addressed by the L-CAP.

Monitoring well MW-17/CPW-7S is located along the eastern perimeter of Quarry Section 1
between the plant production area (PPA) of the site and the Quarry. Residual solids generated by
are currently disposed in Quarry Section 2, and therefore not in the area of monitoring well MW-
17/CPW-7S.

Compliance monitoring samples have been analyzed for total nickel during only those monitoring
events completed after issuance of the current Permit (i.e., since November 2016). With the
exception of the total nickel detections in MW-17/CPW-7S during July and November 2020 and
March 2021, total nickel was detected in only one other compliance sample (below the 2L standard
pper Aquifer well MW-3/CPW-
15S).

The WiRO suggests that the new permit includes a condition to address recurrent exceedances to the 2L
standards. For example, if monitoring results show exceedances of the same parameter after 3
consecutive sampling events, a localized site assessment or modeling evaluation should be performed to
(1) determine the cause of such exceedances and (2) plan a corrective action in the affected area.

d) Summary table of all wells:
The WiRO recommends to expand Attachment C to include L-CAP wells and their sampling schedule.
Similarly, the well Identification List (Site Map) should identify all monitoring wells including the ones
currently listed and the L-CAP wells.

FORM: WQROSSR 04-14 Page 9 of 14

4. Remaining Disposal Volume in Quarry, Sections 1 and 2
The renewal application dated March 2, 2021, summarizes the calculations of the life remaining in
Sections 1 and 2 of the Quarry. Calculations were made based on the maximum bichromate equivalent
(BE) production of 360 tons per day resulting in a life remaining of 3.4 years for Section 1 and 4.0 years
for Section 2. The combined life remaining for both basins would be ~ 7 years while the life remaining in
each of the basins would be less than the length of the upcoming permit cycle.

Please provide an updated estimate of the life remaining in the basins considering the average typical
production rate.

FORM: WQROSSR 04-14 Page 10 of 14

5. Photos of the site taken during the inspection

a) Section I of the Quarry photo shows the freeboard gauge area. Section I is currently a backup
area

b) Section II of the Quarry photo left: freeboard gauge area; photo right: discharge pipe sending
residuals to the quarry
FORM: WQROSSR 04-14 Page 11 of 14

ATTACHMENT

Below is an excerpt from the 2020 Annual Quarry Natural Attenuation Ground Water Monitoring
Report. Section 2.2 explains the regulatory framework of the non-discharge permit (WQ0001492)
and that of the Corrective Action Plan (L-CAP).

FORM: WQROSSR 04-14 Page 12 of 14

FORM: WQROSSR 04-14 Page 13 of 14

FORM: WQROSSR 04-14 Page 14 of 14

Certificate Of Completion
Envelope Id: 944DC625B5CD46D3BF4879470E8560D9Status: Sent
Subject: Please DocuSign: 20210430_WQ0001492_STRFRPT.docx
Source Envelope:
Document Pages: 14Signatures: 2Envelope Originator:
Certificate Pages: 2Initials: 0Morella Sanchez King
AutoNav: Enabled217 W. Jones Street
EnvelopeId Stamping: EnabledRaleigh, NC 27699
Time Zone: (UTC-08:00) Pacific Time (US & Canada)[e-mail]
IP Address: 149.168.204.10
Record Tracking
Status: OriginalHolder: Morella Sanchez KingLocation: DocuSign
4/30/2021 1:42:29 PM [e-mail]
Security Appliance Status: ConnectedPool: StateLocal
Storage Appliance Status: ConnectedPool: North Carolina Department of Environmental Location: DocuSign
Quality
Signer EventsSignatureTimestamp
Morella Sanchez KingSent: 4/30/2021 1:50:59 PM
[e-mail]: 4/30/2021 1:51:11 PM
Regional Supervisor Wilmington Regional OfficeSigned: 4/30/2021 1:51:30 PM
Division of Water Resources- Water Quality
Signature Adoption: Pre-selected Style
Regional Operations Section
Using IP Address: 149.168.204.10
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nathaniel ThornburgSent: 4/30/2021 1:51:33 PM
[e-mail]
DWR
DEQ
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Erick SaundersSent: 4/30/2021 1:51:32 PM
[e-mail]: 4/30/2021 2:02:58 PM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign

Witness EventsSignatureTimestamp
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted4/30/2021 1:50:59 PM
Payment EventsStatusTimestamps