NC0004375_Permit (Modification)_20110831

NPDES DOCUMENT SCANNING COVER SHEET
NPDES Permit:
NC0004375
Clariant Corporation
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification''
<r'
Complete File - Historical
Engineering Alternatives (EAA)
Correspondence
Owner Name Change
Approval
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
August 31, 2011
This document is printed on reuse paper - igiore any
content on the reirerse side

4
Beverly Eaves Perdue
Governor
ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
Mr. Bill Archer, Facility Manager
Clariant Corporation
P.O. Box 669246
Charlotte, North Carolina 28,266
7
,r
i
1
1
Dear Mr. Archer:
August 31, 2011
Hole IQ efirn;)- h4w 12-e
ac)vf /14 enn oid—
bend- i' . be comes ai e4 4 t/%K✓(
9/,712.4)11.
Subject: NPDES Permit Modification
Contested Case Resolution
OAH Case# 10 EHR 6336
Permit# NC0004375
Clariant Corporation
Mecklenburg County
The Division of Water Qualifr issued the subject permit on September 9, 2010, which was subsequently contested
by Clariant Corporation du to concerns associated with a new mercury effluent limit of 12 ng/l. This limit was
based on the statewide 30 ( d) impaired waterbody listing for mercury, which negates the use of dilution when
developing mercury limits Pursuant to the Stipulation of Agreement and Joint Motion to Stay Proceedings (dated
December 16, 2010), Cl 'ant conducted a six-month sampling program for mercury in the Catawba River
upstream of Clariant's o tfall. These samples show that the upstream surface water is below the water quality
standard and therefore d' ution can be considered. In addition, a review of ambient fish tissue data collected from
Lake Wylie does not s ow high mercury concentrations. Based on the Division's review of this surface water
data, a revised reason le potential analysis using full s7Q10 dilution indicates the need for a mercury limit of
629 ng/1. However, Qlariant responded that they would be willing to accept a mass -based effluent limit of 0.0004
lbs/day (which equates to the 12 ng/1 water quality standard x permitted flow of 3.9 MGD).
1
In summary, this permit modification, effective September 17, 2011, contains the following
significant cha tiges from your current permit:
• Effluent Sheet A (1). The total mercury effluent limit of 12 ng/1 has been changed to a mass -
based limit of 0.0004 lbs/day.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity ; Affirmative Action Employer
NolethCarolina
!2atllraIIjt

•
Accordingly, we are forwarding the NPDES permit modification for the subject facility. Please replace Effluent
Sheet A(1) in your current permit with the modified Effluent Sheet. This permit modification is issued pursuant
to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently
amended). If any parts, measurement frequencies, or sampling requirements contained in this permit
modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming
to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings,
6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit
modification shall be final and binding.
Please take notice that this permit is not transferable except after notice to the Division of Water Quality. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to
obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal
Area Management Act, or any other federal or local governmental permit.
If you have any questions or comments concerning this permit modification, please contact me at the following
e-mail address: [e-mail], or telephone number: 919-807-6390.
Sine rely,
45-11/
m Belnick, Supervisor
Complex Permitting Unit
Cc (Hardcopy): •
NPDES File
Central File
Mooresville Regional Office / Water Quality Section (Mike Parker)
Steven Levitas,Kilpatrick Stockton LLP, 3737 Glenwood Ave, Suite 400, Raleigh NC 27612
Cc (Email):
EPA Region 4 (Pamala Myers)
Mecklenburg County (Erin Hall)
NC DOJ/Anita LeVeaux
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally

Permit NC0004375
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until the addition of future wastewater
sources or expiration, the Permittee is authorized to discharge treated CWT and non -categorical industrial process
wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly Average
Daily Maximum
Measurement
Sample
Sample Location
Frequency
TLne
Flow
3.9 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day, 20°C4
300.1 pounds/day
888.5 pounds/day
Daily
Composite
Effluent
Total Suspended Solids
395.4 pounds/day
1,245.2 pounds/day
Daily
Composite
Effluent
Oil and Grease
102.9 pounds/day
344.2 pounds/day
Monthly
Grab
Effluent
Dissolved Oxygen
Daily
Grab
Effluent, U1 & D1
Fecal Coliform
(geometric mean)
Monthly
Grab
Effluent
pH2
Daily
Grab
Effluent, U' & D'
NH3 as N4
574.5 pounds/day
861.8 pounds/day
Daily
Composite
Effluent
Temperature °C
Daily
Grab
Effluent, U1 & D1
Conductivity
Daily
Grab
Effluent, U1 & D1
COD
Monthly
Grab
Effluent
Total Nitrogen
(NO2+NO3+TKN)
318.5 pounds/day5
31.5 pounds/days
Monthly
Composite
Effluent
Total Phosphorus
40.0 pounds/day5
4.0 pounds/day5
Monthly
Composite
Effluent
Total Mercury- Method
1631E
0.0004 pounds/day
0.0004 pounds/day
Monthly
Grab
Effluent
Total Phenols
Monthly
Grab
Effluent
MBAS
Quarterly
Composite
Effluent
Total Iron
Quarterly
Composite
Effluent
Sulfates
Quarterly
Composite
Effluent
Chlorides
Quarterly
Composite
Effluent
Total Manganese
Quarterly
Composite
Effluent
Chronic Toxicity3
Quarterly
Composite
Effluent
Total Chromium
Monthly
Composite
Effluent
Total Antimony
310 pg/L
310 pg/L
Monthly
Composite
Effluent
Total Arsenic
2,771 pg/L
2,771 pglL
Monthly
Composite
Effluent
Total Copper
3.97 pounds/day
4.5 pounds/day
Monthly
Composite
Effluent
Total Zinc
2.2 pounds/day
2.6 pounds/day
Monthly
Composite
Effluent
Footnotes: see next page
1

+ 4 4
Footnotes to Effluent Sheet A(1):
1. U= upstream at NC Highway 27. D = downstream at I-85. Upstream and downstream samples for dissolved
oxygen, temperature, conductivity and pH shall be collected three tunes per week during June, July, August and
September and once per week during the remaining months of the year.
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
3. Chronic Toxicity, refer to Section A. (3).
4. Staging requirements (applicable April 1-October 31) — Refer to Section A. (5).
5. The Total Nitrogen and Total Phosphorus mass limitations are based on a 12-month rolling average. Refer to
Section A. (4).
6. The reduction in Clariant's nutrient mass limitations reflect a 90% nutrient allocation transfer of 287 pounds/day
Total Nitrogen and 36 pounds/day Total Phosphorus to the City of Charlotte's proposed Regional WW TP. The
allocation transfer and subsequent reduction in Clariant's nutrient mass limitations will become effective upon the
Division's receipt of both (a) an Engineer's Certificate of Construction Completion for the Charlotte Regional
WWTP, and (b) written notification from Clariant authorizing such nutrient transfer. Clariant's reduced mass
nutrient limitations are based on a 12-month rolling average (refer to Section A.(4)).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
2

ao-1 dri'jit( qr15/W/
D
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CLARIANT CORPORATION,
Petitioner,
v.
rip I, 5
DEPARTMENT OF ENVIRONMENT and
NATURAL RESOURCES, DIVISION OF
WATER QUALITY,
Respondent.
IN THE OFFICE OF
IOAlpyfINISTRATIVE HEARINGS
No. 10 EHR 6336
)
) PETITIONER'S NOTICE
OF VOLUNTARY DISMISSAL
)
)
Pursuant to Rule 41(a) of the North Carolina Rules of Civil Procedure, Petitioner,
Clariant Corporation, gives notice that it hereby voluntary dismisses, with prejudice, the above -
referenced contested case.
This the 15th day of September, 2011.
KILPATRICK STOCKTON LLP
By: /
Steven J. Levitas
State Bar No. 10971
Todd S. Roessler
State Bar No. 28046
4208 Six Forks Road, Suite 1400
Raleigh, North Carolina 27609
Telephone: [phone]
Attorneys for Clariant Corporation
SEP 16 2611
US2000 12247679.2
DENR-WATER QUALITY
POINT SOURCE BRANCH

CERTIFICATE OF SERVICE
I certify that this Petitioner's Notice of Voluntary Dismissal has been served on the State
Agency named below by depositing a copy of it with the United States Postal Service with
sufficient postage to the named Agency:
Mary Penny Thompson, Esq.
Registered Agent and General Counsel
North Carolina Department of Environment and Natural Resources
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Ms. Anita LeVeaux, Esq.
Assistant Attorney General
NC Department of Justice
P.O. Box 629
Raleigh, NC 27602-629
Mr. Tom Belnick
Supervisor, NPDES Complex Permitting Unit
NCDENR — Division of Water Quality
Surface Water Protection Section, Point Source Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
This the 15th day of September, 2011.
Todd S. Roessler
Attorney for Petitioner
OF COUNSEL:
KILPATRICK STOCKTON LLP
4208 Six Forks Road, Suite 1400
Raleigh, NC 27609
Telephone [phone]
US2000 12247679.2

Department of Environment and Natural Resources
Division of Water Quality
Fact Sheet for NPDES Permit Modification/Contested Case Resolution
July 21, 2011
Facility Information: NC0004375 (Clariant Corporation)
Applicant/Facility Name:
Clariant Corporation — Mt. Holly
Applicant Address:
P.O. Box 669246, Charlotte, NC 28266
Facility Address:
11701 Mount Holly Rd., Charlotte, NC28214
Permitted Flow:
3.9 MGD (Grade IV — Biological)
Type of Waste:
Industrial, Stormwater, and Sanitary Wastewater
Facility/Permit Status:
Permit Modification
County:
Mecklenburg County
Miscellaneous
Receiving Stream:
Catawba River
Stream Classification:
WS-IV-CA•
303(d) Listed?:
No
Subbasin:
03-08-34
Drainage Area (mi'):
40.8 mi-
Summer 7Q10 (cfs):
329 cfs
Winter 7Q10 (cfs):
NA
Average Flow (cfs):
3,016 cfs
IWC(%):
1.8%
Primary SIC Code:
2865
Regional Office:
Mooresville
USGS Topo Quad:
Mountain Island Lake & Mount Holly
Permit Writer:
Tom Belnick
Date:
July 21, 2011
Resolution of Contested Case for Mercury Effluent Limit
1. The Division of Water Quality issued the subject permit on September 9, 2010, which was
subsequently contested by Clariant Corporation due to concerns associated with a new
mercury effluent limit of 12 ng/1. This new limit was based on the water quality standard
(12 ng/1) applied end of pipe, based on reasonable potential using no dilution (since all
surface waters in NC are currently listed as impaired).
2. Pursuant to the Stipulation of Agreement and Joint Motion to Stay Proceedings dated
December 16, 2010 (Attached), the mercury limit was stayed and Clariant conducted a six-
month surface water sampling program for mercury in the Catawba River upstream of
Clariant's outfall. This surface water data (Attached) indicates that the receiving stream is
not at assimilative capacity, as upstream surface water mercury values only ranged from <
0.5 ng/1 to 3.02 ng/1 (n= 12 samples, average = 0.66 ng/1). A revised reasonable potential
analysis indicates the need for a water -quality based effluent limit of 629 ug/1, assuming a
background concentration of 0.66 ng/1.
3. The Division reviewed historical fish tissue data collected in Catawba River (Lake Wylie)
via our ambient monitoring program (Attached), and there is no evidence of mercury
impairment in fish tissue (n= 51 samples, all < 0.3 mg/kg).
tact `-Ii t
\ )! NIOOiiiticdtion (:N(A)00-4 7—i)
1'dYt'1

4. Although not required, the Permittee offered to accept a mercury mass limit based on the
water quality standard (12 ng/1) times the permitted flow (3.9 MGD), which is equivalent
to 0.0004 lbs/day. This limit is more restrictive than the concentration -based limit derived
from the revised RPA.
5. This mass -based mercury limit will be revisited in the future to ensure compliance with a
future Statewide mercury TMDL. However, there are also future plans for this facility to
be incorporated into a "green" redevelopment project served by a new regional municipal
POTW.
State Contact
If you have questions on any of the above information or on the attached permit modification, please contact Tom
Belnick at [phone].
Attachments:
Stipulation of Agreement and Joint Motion to Stay Proceedings (12/16/2010)
Clariant Letter with Upstream Sampling Results (5/17/2011)
DWQ Ambient Fish Tissue Data for Lake Wylie (1990- 2009)
I�d(t Shy et
`,.1)1 )1 , I'ermit loditication (N('UOU--V>75)
I',To_ 2

,.. 6110 140#4 . Swlm.094..To +4 6/9
4
,V7A)/
Belnick, Tom
From:
Sent:
To:
Subject:
Attachments:
Belnick, Tom
Monday, August 01, 2011 3:37 PM
'Pamala Myers'
RE: Clariant Draft Hg Settlement
Clariant Supplement Aug2011.pdf
Per request. Yes- dilution allowed since assumption of overallocation is incorrect
upstream surface water data collection.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address is
Records Law and may be disclosed to third parties
other regulation.
based on
subject to the North Carolina Public
unless the content is exempt by statute or
Original Message
From: Pamala Myers fmailto:Myers.Pamala0epamail.epa.Rovl
Sent: Monday, August 01, 2011 11:33 AM
To: Belnick, Tom
Subject: Re: Clariant Draft Hg Settlement
Hi Tom,
I am reviewing your proposal, but would like to see your spread sheet data.
This will assist me with the review.
Also, do I understand correctly that your initial calculations allow dilution?
Thanks,
Pam
Pamala Myers
Environmental Engineer and Technical Advisor Pollution Control and Implementation Branch
Water Protection Division Municipal and Industrial NPDES Section U.S. EPA, Region 4 Atlanta,
GA 30303
404 562 9421
404.562.8692 (fax)
From: "Belnick, Tom" <tom.belnick(ncdenr.gov>
To: Pamala Myers/R4/USEPA/US@EPA
Date: 07/21/2011 06:20 PM
Subject: Clariant Draft Hg Settlement
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Pam- we discussed Clariant during the last mercury discussion. No impairment based on
upstream surface water/fish tissue. For contested case resolution, Clariant has offered to
accept mass -based mercury limit based on 12 ng/1 x permitted flow, which is more stringent
than what I would have proposed. Let me know if EPA is ok with this.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address is subject to the North Carolina Public
Records Law and may be disclosed to third parties unless the content is exempt by statute or
other regulation.
[attachment "Clariant Draft Hg Settlement.pdf" deleted by Pamala Myers/R4/USEPA/US]
2

IWC Calculations
Facility: Clariant
NC0004375
Prepared By: Tom Belnick
Enter Design Flow (MGD): 3.9
Enter s7Q10 (cfs): 329
Enter w7Q10 (cfs): 329
Mercury
Monthly Average Limit (ng/l)
s7Q10 (CFS)
DESIGN FLOW (MGD)
DESIGN FLOW (CFS)
STREAM STD (ng/I)
Upstream Bkgd (ng/I)
IWC (%)
Allowable Conc. (ngll)
Ta lb 8/4 I/
NPDES Server/Current Versions/WLA; TB 1/16/2009
329
3.9
6.045
12.0
0.66 .

OVCOV
REASONABLE POTENTIAL ANALYSIS W37S
%iarta►� f
Mercury
Molybdenum
Date
Data � - - -: Results
Date Data
BDL=1/2DL
Results
1
;4'
Uo�', 0.3100 Std Dev. 0.0486
1
<1
0.2
0.1
Std Dev.
3933.8192
2
0.S116 0.0008 Mean 0.0104
2
. <'
0.2
0.1
Mean
2130.6400
3
0.003 0.0031 C.V. 4.6608
3
.
560
560.0
C.V.
1.8463
4
;''
0 0.0021 n 40
4
hf� .
9130
9130.0
n
5
5
- r1
0.0019 0.0019
5
963
963.0
6
1.0030 0.0030 Mult Factor = 6.9100
6
Mult Factor =
23.2800
7
0.0012 0.0012 Max. Value
7
Max. Value
9130.0 ug/L
0.0012 0.0012 Max. Pred Cw 2.1 ug/L
8
8
Max. Pred Cw
212546.4 ug/L
9
10
!
0.0010 0.0010
9
&&
0.0009 0.0009
10
11
0.0010 0.0010
11
12
0.0009 0.0009
12
-Y/
13
0.0014 0.0014
13
14
0.0008 0.0008
14
15
0.0011 0.0011 2 /� !� /
15
16
0.0009 0.0009 1
16
q t
17
18
0.0019 0.0019
0.0020 0.0020
17�;'''
"�
19
0.0023 0.0023
18
19
4,
20
0.0014 0.0014
20
21
0.0013 0.0013
21
22
0.0052 0.0052
22
23
0.0023 0.0023
23
24
0.0020 0.0020
24
25
0.0037 0.0037
25
26
0.0026 0.0026
26
=:
27
0.0020 0.0020
27
28
0.0061 0.0061
28
29
Dec-2007
0.0113 0.0113
29.
30
0.0003 0.0003
30
31
0.0014 0.0014
31
32
0.0008 0.0008
32l
33
0.0024 0.0024
33
34
0.0065 0.0065
34
..
35
0.0086 0.0086
35
a=.
36
0.0025 0.0025
36
37
0.0033 0.0033
37
38
0.0007 0.0007
38
39
0.0059 0.0059
39
trj.
40
0.0097 0.0097
40
41
41;
42
43
42
-
44
x 014,
q4�
4546
'45 �
�
47
-. WM() '1! �N7,!Io%/►'�1
47
4850
49
J4 I h a
50
52
Ofiej �vlaI 1•
52
53
l_
53
ix
54
p54
�7 JI
55
/7oI
i'-." (T � /
55
55
56
>
56
57
11
57
58
j°
58
4 '1
59
_ rx
59
60
60
199
199
200
200
•
-5-
4375- rpa-2010.xls, data
5/26/2010

cis tbIttifie
Belnick, Tom
From: Belnick, Tom
Sent: Wednesday, August 31, 2011 9:47 AM
To: 'LeVeaux, Anita'
Subject: DWQ/NPDES Settlement
Attachments: Clariant Final Hg Settlement.pdf
Anita- Contested NPDES Permit (Clariant, NC0004375) has been resolved according to terms of Stipulation of Agreement
(dated 12/16/2010, OAH Case 10 EHR 6336). Final permit mod attached. Clariant is fine with outcome. Hardcopy
mailed to their attorney Steve Levitas. Case was stayed until 9/16/2011. Let me know if you need additional info.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit
NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
1

gebreJI &E-11,400141$4d
Etelnick, Tom
From:
Sent:
To:
Cc:
Subject:
Attachments:
Belnick, Tom
Tuesday, August 30, 2011 1:54 PM
Mark Nuhfer
Poupart, Jeff
FW: Clariant Draft Hg Settlement
Clariant Draft Hg Settlement.pdf
(11.-0 CV WM
0/30
014-
5/70t/
XII
- Oncot4-406.4
14,14.6Fti_Gn'/fa41
Mark- Proposed settlement submitted to EPA 7/21. Can I assume conc ence at this point? Thanks.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit
NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Belnick, Tom
Sent: Thursday, July 21, 2011 6:19 PM
To: 'Pamala Myers'
Subject: Clariant Draft Hg Settlement
Pam- we discussed Clariant during the last mercury discussion. No impairment based on upstream surface water/fish
tissue. For contested case resolution, Clariant has offered to accept mass -based mercury limit based on 12 ng/I x
permitted flow, which is more stringent than what I would have proposed. Let me know if EPA is ok with this.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit
NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
1

Ji/eia4ia+I 5/ii/ioii N�
Belnick, Tom
Subject: Invitation: RE: Do you have a few minutes on Thursday morning to discuss Clariant with me?
(Aug 11 09:00 AM EDT in I'll call you at [phone])
Location: I'll call you at [phone]
Start: Thu 8/11/2011 9:00 AM
End: Thu 8/11/2011 9:15 AM
Recurrence: (none)
Meeting Status: Accepted
Organizer: Mark Nuhfer/R4/USEPA/US
Thanks Tom!
That will work.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit
NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
Original Message
From: Nuhfer.Mark(a?epamail.epa.gov [mailto:Nuhfer.Mark i?epamail.epa.govj
Sent: Wednesday, August 10, 2011 3:51 PM
To: Belnick, Tom
Subject: Do you have a few minutes on Thursday morning to discuss Clariant with me?
Say maybe 9 o'clock?
Mark Nuhfer, Chief
Municipal and Industrial NPDES Section
EPA Region 4
61 Forsyth Street, SW
Atlanta, GA 30303
404-562-9390
404-562-8692 (FAX)
nuhfer.markk epa.gov
1. Be helpful. Listen to your customers.
2. Respond to all phone calls by the end of the next business day.
3. Respond to all correspondence within 10 business days.
4. Make clear, timely, accurate information accessible.
1

5. Work collaboratively with partners to improve products and services.
6. Involve customers and use their ideas and input!
La_
ATT00001.htm c155637.ics
2

CA414.A415,4 0,0 /i
Belnick, Tom
From: Belnick, Tom
Sent: Wednesday, June 22, 2011 5:18 PM
To: '[e-mail]'; [e-mail]
Subject: Clariant/Hg Settlement
Attachments: Catawba Hg Fish Tissue.pdf
Pam/Marshall- need your input on this one (reviewed during Marshall's time). Clariant discharges to Catawba River
(Lake Wylie) with good dilution (IWC= 1.8%, Dilution= 56:1). In 2010 permit renewal, Sergei added Hg limit (12/12)
based on RPA (and no dilution based on EPA position on statewide listing). Facility contested Final Permit, and we
stayed mercury limit and entered settlement agreement. Based on a few similar situations that EPA approved, the
facility proceeded to collect upstream surface water to determine if surface water exceeds standard (12 ng/l). Facility
collected bi-monthly upstream samples between Nov 2010 and April 2011 (n= 12), with 1 value= 3 ng/I and the
remaining samples below 1 ng/I. Previously, we would redo RPA at this point, since surface water is not impaired.
However, I additionally checked for fish tissue data collected by our Environmental Sciences Section (attached). For one
station in Lake Wylie, there were no individual fish samples (n= 51) that exceeded the EPA mercury tissue criteria of 0.3
mg/kg. There was also an upstream station in Catawba River (Mountain Island Lake) that showed no tissue exceedances
(n= 40 individual fish samples). Based on this data, it does not appear that surface water or fish tissue exceeds
applicable criteria, and the statewide mercury listing is not validated. I'll need to discuss possible resolution at some
point. Under settlement terms, mercury limit is stayed until 9/16/2011.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit
NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
1

Catawba Basin Fish Tissue Results - Metals
DESCRIPTION
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
Mountain Island Lake
'COUNTY
DATE I DWQSAMPLE NO 'SPECIES
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97.
Gaston ; 14-May-97
'Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 14-May-97
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston
Gaston
23-Sep-09
23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 123-Sep-09
97-7570
97-7574
97-7558
97-7559
97-7560
97-7561
97-7562
97-7563
97-7564
97-7565
97-7566
97-7567
97-7571
97-7572
97-7568
97-7569
97-7573
09-274
09-275
09-276
09-277
09-278
09-279
09-280
09-281
09-262
09-263
09-264
09-265
09-266
09-267
09-268
09-269
09-270
09-271
09-272
09-273
09-282
09-283
09-284
Lepomis macrochirus
Ictalurus punctatus
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Lepomis auritus
Lepomis auritus
Lepomis microlophus
Lepomis microlophus
Ictalurus catus
Ictalurus punctatus
Ictalurus punctatus
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Micropterus punctulatus
Micropterus punctulatus
Micropterus punctulatus
'COMMON NAME I LENGTH (mm) I WEIGHT (g) I Hg (mg/Kg)
' Bluegill Sunfish
Channel Catfish
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
:Largemouth Bass
Largemouth Bass
• Largemouth Bass
Largemouth Bass
Largemouth Bass
Red breast Sunfish
Redbreast Sunfish
Redear Sunfish
'RedearSunfish
iWhite Catfish
Channel Catfish
Channel Catfish
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Spotted Bass
hotted Bass
Spotted Bass
174.0 133.6 0.04
364.0 540.0 0.03
395.0 809.0 0.13
360.0 597.0 0.13
342.0 566.0 0.10
344.0 479.0 0.13
326.0 473.0 0.07
339.0 428.0 0.06
320.0 393.0 0.07
333.0 477.0 0.07
320.0 357.0 0.09
305.0 311.0 0.08
182.0 133.3 0.03
171.0 107.3 0.04
242.0 283.3 0.01
233.0 247.0 0.19
430.0 1252.0 0.04
340.0 300.0 0.04
415.0 629.0 0.05
288.0 286.0 0.07
266.0 227.0 } 0.05
323.0 431.0_ 0.11
335.0 523.0 0.11
434.0 1014.0 i 0.20
434.0 1014.0 E 0.21
187.0 113.0 _ 0.03
200.0 122.0 0.02
206.0 137.0 0.03
199.0 128.0 0.02
196.0 115.0 0.02
223.0 186.0 0.03
220.0 188.0 0.05
231.0 I 202.0 0.04
231.0 202.0 0.04
231.0 ; 207.0 0.03
223.0 a 183.0 0.03
215.0 164.0 0.03
310.0 281.0 0.06
346.0 508.0 0.16
346.0 512.0 i 0.10
Page 1

Catawba Basin Fish Tissue Results - Metals
BASIN NAME 'DESCRIPTION 'COUNTY 1 DATE I DWOSAMPLE NO 'SPECIES
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba _ Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba ;Lake Wylie
Catawba
Catawba
Catawba
Catawba
Lake Wylie
Lake Wylie
Lake Wylie
Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba
Catawba
Catawba
Catawba
Lake Wylie
Lake Wylie
Lake Wylie
Lake Wylie
Catawba _ Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Catawba Lake Wylie
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
Gaston
17-Sep-90
17-Sep-90
17-Sep-90
17-Sep-90
17-Sep-90
17-Sep-90
17-Sep-90
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
14-May-97
23-Sep-09
23-Sep-09
23-Sep-09
23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
Gaston 23 Sep 09
Gaston 23Sep-09
Gaston 23-Sep-09
Gaston
Gaston
Gaston
Gaston
Gaston
23-Sep-09
23-Sep-09
23-Sep-09
23-Sep-09
23-Sep-09
Gaston_ 23-Sep-09
Gaston 23-Sep-09
Gaston 23-Sep-09
90-4352
90-4347
90-4348
90-4350
90-4351
90-4353
90-4349
97-7536
97-7522
97-7523
97-7524
97-7525
97-7526
97-7527
97-7528
97-7529
97-7530
97-7531
97-7532
97-7533
97-7534
97-7535
97-7537
97-7538
97-7539
09-286
09-308
09-309
09-310
09-294
09-295
09-296
09-297
09-298
09-287
09-288
09-289
09-290
09-291
09-292
09-293
09-299
09-300
09-301
09-302
09-303
09-304
09-305
09-306
09-307
09-285
Lepomis macrochirus
Cyprinus Carpio
Ictalurus punctatus
Micropterus salmoides
Micropterus salmoides
Lepomis microlophus
Ictalurus catus
Pomoxis nigromaculatus
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
Ictalurus catus
Ictalurus catus
Ictalurus catus
Lepomis macrochirus
Ictalurus punctatus
Ictalurus punctatus
Ictalurus punctatus
Micropterus salmoides
Micropterus salmoides
Micropterus salmoides
' Micropterus salmoides
Micropterus salmoides
Lepomis microlophus
Lepomis microlophus
Lepomis microlophus
`Lepomis microlophus _
Lepomis microlophus
Lepomis microlo hus
Lepomis microlophus
i Micropterus punctulatus
Micropterus punctulatus
1 Micropterus punctulatus
Micropterus punctulatus
Micropterus_punctulatus
Micropterus punctulatus
Micropterus punctulatus
!Ictalurus catus
Ictalurus catus
Perca Flavescens
(COMMON NAME I LENGTH (mm) ( WEIGHT (g) I Hg (mg/Kg)
Bluegill Sunfish
Carp
Channel Catfish
Largemouth Bass
Largemouth Bass
Redear Sunfish
White Catfish
Black Crappie
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
White Catfish
White Catfish
White Catfish
Bluegill Sunfish
Channel Catfish
Channel Catfish
Channel Catfish
Largemouth Bass
Largemouth Bass
Largemouth Bass
Largemouth Bass
;Largemouth Bass
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Redear Sunfish
Spotted Bass
Spotted Bass
Spotted Bass
Spotted Bass
Spotted Bass
Spotted Bass
Spotted Bass
White Catfish
White Catfish
Yellow Perch
153.0
595.0
513.0
530.0
261.0
223.0
370.0
268.0
500.0
442.0
382.0
410.0
401.0
350.0
365.0
340.0
341.0
307.0
232.0
241.0
270.0
246.0
340.0
307.0
315.0
162.0
461.0
504.0
548.0
219.0
225.0
372.0
401.0
431.0
192.0
207.0
231.0
228.0
233.0
233.0
256.0
290.0
277.0
272.0
455.0
455.0
333.0
410.0
329.0
400.0
212.0
78.2
71.0
612.5
555.0
246.0
203.0
630.6
285.0
1725.0
1122.0
873.0
901.0
730.0
557.0
660.0
614.0
482.0
355.3
251.5
283.5
423.5
292.5
555.5
410.5
403.5
82.0
965.0
1186.0
1888.0
137.0
155.0
683.0
_1008.0
1149.0
129.0
166.0
229.0
199.0
231.0
231.0
335.0
284.0
272.0
250.0
1244.0
1244.0
494.0
1037.0
515.0
760.0
114.0
0.01
0.03
0.06
0.20
0.05
0.01
0.04
0.04
0.15
0.13
0.11
0.14
0.11
0.09
0.11
0.09
0.07
0.08
0.03
0.03
0.04
0.02
0.04
0.04
0.05
0.03
0.02
0.03
0.05
0.03
0.02
0.11
0.12
0.17
0.05
0.02
0.03
0.04
0.03
0.04
0.04
0.06
0.06
0.08
0.17
0.16
0.05
0.17
0.02
0.04
0.05
Page 1

1.40A4-1- evtIai I gal 4-9 er4 7/ii/xii
Belnick, Tom
From:
Sent:
To:
Subject:
Attachments:
Belnick, Tom
Thursday, July 21, 2011 6:19 PM
'Pamala Myers'
Clariant Draft Hg Settlement
Clariant Draft Hg Settlement.pdf
Pam- we discussed Clariant during the last mercury discussion. No impairment based on upstream surface water/fish
tissue. For contested case resolution, Clariant has offered to accept mass -based mercury limit based on 12 ng/I x
permitted flow, which is more stringent than what I would have proposed. Let me know if EPA is ok with this.
Tom Be!nick
Supervisor, Complex NPDES Permitting Unit
NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
1

Clariant
Clariant Corporation
Mt. Holly Plant
May 17, 2011
P.O. Box 669246
Charlotte, NC 28266
Mr. Tom Belnick
Supervisor, NPDES Complex Permitting Unit
NCDENR — Division of Water Quality
Surface Water Protection Section, Point Source Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Clariant Corporation v. NC Department of Environment and Natural
Resources, Division of Water Quality, 10 EHR 6336/NPDES Permit No.
NC0004375
Dear Mr. Belnick:
Pursuant to the Stipulation of Agreement and Joint Motion to Stay Proceedings dated
December 16, 2010 ("Agreement") in the above -referenced contested case, Clariant Corporation
("Clariant") is enclosing the laboratory analytical results, and a summary of such results, from its
six-month sampling program for mercury in the Catawba River upstream of Clariant's Mount
Holly East Facility ("Facility").
As indicated by the enclosed results, the in -stream mercury concentrations in the
receiving waters for the Facility's NPDES discharge are far less than 12 nanograms per liter
("ng/1"), ranging from below detection to 3.02 ng/l. Therefore, Clariant requests that, as required
by the Agreement, the Division of Water Quality ("DWQ") (i) develop a new NPDES permit
effluent limitation for mercury based on the results of the sampling and analysis conducted by
Clariant (the "Modified Mercury Limit") and (ii) modify NPDES Permit No. NC0004375 for the
Facility to replace the current mercury limit of 12 ng/1 with the Modified Mercury Limit.
Based on the sampling results, and other relevant data such as the permitted flow of the
Facility's wastewater treatment plant and the flow of the Catawba River at the Facility, and using
DWQ's methodology for establishing effluent limitations, we estimate that a limit of 500 ng/l
would be protective of the water quality standard for mercury in the river. However, Clariant is
prepared to accept a substantially lower limit than that. Based on our historic discharge data, we
believe it is unlikely that we will exceed a limit of 50 ng/l. Instead of a concentration limit, we
request a mass limit since our peak flow in recent years is far below our permitted flow. If we
assume 1.0 mgd as a reasonable maximum daily flow for our system and a mercury discharge
concentration of 50 ng/1, this would translate to a mass discharge of about 0.0004 lbs/day.
u s.a o:: I2153638 2
EE@IEDWIEN
MAY 1 8 2011
ATLANTA AUGUSTA CHARLOTTE OUBAI NEW YORK OAKLAND RALEIGH STOCKHOLM WASHING
rON
+1
17A ; R; QUALITY
kCE BRANCH

Mr. Tom Belnick
Supervisor, NPDES Complex Permitting Unit
May 16, 2011
Page 2
Thank you for your assistance in developing the Modified Mercury Limit, and please let
me know if you have any questions or would like to discuss this matter further.
Sincerely,
M0 — I - , ( - e - — _ _
Bill Archer
Enclosures
cc: Steven J. Levitas, Esq.

Summary of Low Level Mercury Analyses
Catawba River - Upstream of Clariant NPDES Discharge
Date
Result
ng/L
Report Limit
ng/L
11/17/2010
ND
0.50
11/24/2010
0.747
0.50
12/10/2010
0.506
0.50
12/21/2010
ND
0.50
1/12/2011
ND
0.50
1/26/2011
0.778
_
0.50
2/16/2011
ND
0.50
2/23/2011
ND
0.50
3/8/2011
0.642
0.50
3/23/2011
3.02
0.50
4/13/2011
ND
0.50
4/26/2011
0.731
0.50

aceAnalytical9
www.pacelabs.com
November 24, 2010
Mr. Mike Rash
Clariant Corp.
P.0 Box 669246
625 E.
Charlotte, NC 28266
RE: Project: LL Hg 11/17
Pace Project No.: 9282348
Pace Analytical Services, Inc. Pace Analytical Services, Inc.
2225 Riverside Dr. 9800 Kincey Ave. Suite 100
Asheville, NC 28804 Huntersville, NC 28078
[phone] [phone]
Dear Mr. Rash:
Enclosed are the analytical results for sample(s) received by the laboratory on November 17, 2010.
The results relate only to the samples included in this report. Results reported herein conform to the
most current NELAC standards, where applicable, unless otherwise narrated in the body of the
report.
Analyses were performed at the Pace Analytical Services location indicated on the sam ple analyte
page for analysis unless otherwise footnoted.
If you have any questions conc erning this report, please feel free to contact me.
Sincerely,
Brandon Helton
[e-mail]
Project Manager
Enclosures
cc: Mr. Dwayne Wallace, Clariant Corp.
REPORT OF LABORATORY ANALYSIS Page 1 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
moo'•" � �;a°:
meiac ;

6raceAnalytical si
www.pacelabs.com
Project: LL Hg 11/17
Pace Project No.: 9282348
Green Bay Certification IDs
1241 Bellevue Street, Green Bay, WI 54302
California Certification #: 09268CA
Florida/NELAP Certification #: E87948
Illinois Certification #: 200050
Kentucky Certification #: 82
Louisiana Certification #: 04168
Minnesota Certification #: 055-999-334
New York Certification #: 11888
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
CERTIFICATIONS
New York Certification #: 11888
North Carolina Certification #: 503
North Dakota Certification #: R-150
South Carolina Certification #: 83006001
US Dept of Agriculture #: S-76505
Wisconsin Certification #: 405132750
Wisconsin DATCP Certification #: 105-444
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
Pace Analytical Services, Inc.
9800 KinceyAve. Suite 100
Huntersville, NC 28078
[phone]
Page 2 of 7

aceAnalytical
► v,w.pacelabs.cam
Project: LL Hg 11/17
Pace Project No.: 9282348
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Sample: FIELD BLANK Lab ID: 9282348001 Collected: 11/17/10 10:00 Received: 11/17/10 15:15 Matrix: Water
Parameters Results Units Report Limit OF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 11/19/10 11:30 11/23/10 16:38 7439-97-6
Date: 11/24/2010 12:02 PM
REPORT OF LABORATORY ANALYSIS Page 4 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..

aceAnalytical
wKwpacelabs.com
Project: LL Hg 11/17
Pace Project No.: 9282348
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville. NC 28078
[phone]
Sample: UP STREAM Lab ID: 9282348002 Collected: 11/17/10 10:00 Received: 11/17/10 15:15 Matrix: Water
Parameters
Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 11/19/10 11:30 11/23/10 16:43 7439-97-6 1g
Date: 11/24/2010 12:02 PM
REPORT OF LABORATORY ANALYSIS Page 5 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..

aceAnalytical
www.pacelabs.com
Project: LLHG /UPSTREAM
Pace Project No.: 9282855
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Sample: UPSTREAM GRAB Lab ID: 9282855001 Collected: 11/24/10 09:40 Received: 11/24/10 16:30 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury 0.747 ng/L 0.50 1 12/01/10 09:15 12/02/10 13:50 7439-97-6
Date: 12/03/2010 03:12 PM
REPORT OF LABORATORY ANALYSIS Page 4 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..

aceAnalytical"
www.pacelabs.com
Project: LLHG /UPSTREAM
Pace Project No.: 9282855
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Sample: FIELD BLANK Lab ID: 9282855002 Collected: 11/24/10 09:40 Received: 11/24/10 16:30 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 12/01/10 09:15 12/02/10 13:43 7439-97-6 1g
Date: 12/03/2010 03:12 PM
REPORT OF LABORATORY ANALYSIS Page 5 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..

aceAnalytical
www.pacelabs.com
Project: UPSTREAM LL Hg
Pace Project No.: 9283895
Pace Analytical Services, Inc,
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Sample: FIELD BLANK Lab ID: 9283895001 Collected: 12/10/10 10:30 Received: 12/10/10 15:55 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 12/15/10 10:00 12/16/10 12:58 7439-97-6
Sample: UPSTREAM GRAB Lab ID: 9283895002 Collected: 12/10/10 10:30 Received: 12/10/10 15:55 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury 0.506 ng/L 0.50 1 12/15/10 10:00 12/16/10 13:04 7439-97-6 1g
Date: 12/17/2010 06:18 PM
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
-.:.neiac:;
Page 4 of 7

6aceAnalytical
www.pacelabs.com
Project: UPSTREAM LL Hg
Pace Project No.: 9284523
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville. NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville. NC 28078
[phone]
Sample: FIELD BLANK Lab ID: 9284523001 Collected: 12/21/10 10:00 Received: 12/21/10 13:30 Matrix: Water
Parameters
Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 12/27/10 10:30 01/05/11 13:23 7439-97-6 1g
Sample: UPSTREAM GRAB Lab ID: 9284523002 Collected: 12/21/10 10:00 Received: 12/21/10 13:30 Matrix: Water
Parameters
Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 12/27/10 10:30 01/05/11 10:10 7439-97-6
Date: 01/05/2011 06:09 PM
REPORT OF LABORATORY ANALYSIS Page 4 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
,w •ece

•
aceAnalyjcal 6
www.pacelabs.com
Project: UPSTREAM LL Hg
Pace Project No.: 9285616
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville. NC 28078
[phone]
Sample: FIELD BLANK Lab ID: 9285616001 Collected: 01/12/11 10:45 Received: 01/12/11 15:00 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 01/14/11 12:15 01/24/11 07:41 7439-97-6
Sample: UPSTREAM GRAB Lab ID: 9285616002 Collected: 01/12/11 10:45 Received: 01/12/11 15:00 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 01/14/11 12:15 01/24/11 07:50 7439-97-6
Date: 01 /26/2011 04:13 PM
REPORT OF LABORATORY ANALYSIS Page 4 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
u ,N •tcu•o
tea' �d

• &ace Analytical
www.pacelabs.com
Project: UPSTREAM LLHG
Pace Project No.: 9286537
Pace Analytical Services, Inc. Pace Analytical Services, Inc. Pace Analytical Services, Inc.
205 East Meadow Road - Suite A 2225 Riverside Dr. 9800 Kincey Ave. Suite 100
Eden, NC 27288 Asheville, NC 28804 Huntersville, NC 28078
[phone] [phone] [phone]
ANALYTICAL RESULTS
Sample: FIELD BLANK Lab ID: 9286537001 Collected: 01/26/11 10:10 Received: 01/26/11 15:48 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury 0.293J ng/L 0.50 1 01/31/11 10:30 02/10/11 17:07 7439-97-6 1g
Sample: UPSTREAM GRAB Lab ID: 9286537002 Collected: 01/26/11 10:10 Received: 01/26/11 15:48 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury 0.778 ng/L 0.50 1 01/31/11 10:30 02/10/11 14:36 7439-97-6
Date: 02/14/2011 03:47 PM
REPORT OF LABORATORY ANALYSIS Page 4 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
•CLV�
:; eIdc:

ace Analytical
www.pacelabs.com
Project: UPSTREAM LL Hg 2/16
Pace Project No.: 9287972
Pace Analytical Services, Inc. Pace Analytical Services, Inc. Pace Analytical Services, Inc.
205 East Meadow Road - Suite A 2225 Riverside Dr. 9800 KinceyAve. Suite 100
Eden, NC 27288 Asheville. NC 28804 Huntersville, NC 28078
[phone] [phone] [phone]
ANALYTICAL RESULTS
Sample: FIELD BLANK Lab ID: 9287972001 Collected: 02/16/11 09:30 Received: 02/16/11 15:44 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qua!
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 02/18/11 17:00 02/23/11 09:13 7439-97-6
Sample: UPSTREAM GRAB Lab ID: 9287972002 Collected: 02/16/11 09:30 Received: 02/16/11 15:44 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury
Date: 02/24/2011 09:22 AM
ND ng/L 0.50 1 02/18/11 17:00 02/23/11 09:18 7439-97-6
REPORT OF LABORATORY ANALYSIS Page 4 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
M ACCO,
4
t a\�I
:a

aceAnalytical
www.pacelebs.com
Project: UPSTREAM LLHG
Pace Project No.: 9288457
Pace Analytical Services, Inc. Pace Analytical Services, Inc. Pace Analytical Services, Inc.
205 East Meadow Road - Suite A 2225 Riverside Dr. 9800 Kincey Ave. Suite 100
Eden, NC 27288 Asheville, NC 28804 Huntersville, NC 28078
[phone] [phone] [phone]
ANALYTICAL RESULTS
Sample: FIELD BLANK Lab ID: 9288457001 Collected: 02/23/11 08:30 Received: 02/23/11 15:15 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 02/25/11 14:45 03/01/11 12:19 7439-97-6
Sample: UPSTREAM GRAB Lab ID: 9288457002 Collected: 02/23/11 08:30 Received: 02/23/11 15:15 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 02/25/11 14:45 03/01/11 12:25 7439-97-6
Date: 03/02/2011 05:26 PM
REPORT OF LABORATORY ANALYSIS Page 4 of 8
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
. •ccu•
Meiacl

ace Analytical
www.pacelabs.com
Project: UPSTREAM LL Hg 3/8
Pace Project No.: 9289312
Pace Analytical Services, Inc.
205 East Meadow Road - Suite A
Eden, NC 27288
[phone]
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Sample: FIELD BLANK Lab ID: 9289312001 Collected: 03/08/11 10:05 Received: 03/08/11 14:16 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury
ND ng/L 0.50 1 03/14/11 06:20 03/15/11 13:49 7439-97-6
Sample: UPSTREAM GRAB Lab ID: 9289312002 Collected: 03/08/11 10:05 Received: 03/08/11 14:16 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury 0.642 ng/L 0.50 1 03/14/11 06:20 03/15/11 14:01 7439-97-6
Date: 03/16/2011 04:52 PM
REPORT OF LABORATORY ANALYSIS Page 4 of 8
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..

. - ceAnalytical
www.pacelabs.com
Project: UPSTREAM LLHG
Pace Project No.: 9290536
Pace Analytical Services, Inc.
205 East Meadow Road - Suite A
Eden, NC 27288
[phone]
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Sample: FIELD BLANK Lab ID: 9290536001 Collected: 03/23/11 08:20 Received: 03/24/11 13:00 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 03/28/11 06:15 03/29/11 12:31 7439-97-6
Sample: UPSTREAM GRAB Lab ID: 9290536002 Collected: 03/23/11 08:20 Received: 03/24/11 13:00 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury 3.02 ng/L 0.50 1 03/28/11 06:15 03/29/11 12:58 7439-97-6
Date: 03/30/2011 05:52 PM
REPORT OF LABORATORY ANALYSIS Page 4 of 7
This report shall not be reproduced. except in full,
without the written consent of Pace Analytical Services, Inc..
..ccu♦

aceAnalytical
w w.pacelabs.com
Project: UPSTREAM LL HG
Pace Project No.: 9291886
Pace Analytical Services, Inc.
205 East Meadow Road - Suite A
Eden, NC 27288
[phone]
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Sample: FIELD BLANK Lab ID: 9291886001 Collected: 04/13/11 00:00 Received: 04/13/11 13:15 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury
ND ng/L 0.50 1 04/18/11 10:00 04/20/11 14:54 7439-97-6
Sample: UPSTREAM GRAB Lab ID: 9291886002 Collected: 04/13/11 00:00 Received: 04/13/11 13:15 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury
Date: 04/22/2011 09:02 AM
ND ng/L 0.50 1 04/18/11 10:00 04/20/11 13:07 7439-97-6
REPORT OF LABORATORY ANALYSIS Page 4 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
`Q ,M •CCOt.OI
`44, r ' 'L \`7.

aceAnalytiical
www.pacelabs.com
Project: LLHG 4/26
Pace Project No.: 9292767
Pace Analytical Services, Inc.
205 East Meadow Road - Suite A
Eden, NC 27288
[phone]
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Sample: FIELD BLANK Lab ID: 9292767001 Collected: 04/26/11 09:50 Received: 04/26/11 15:57 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury ND ng/L 0.50 1 04/28/11 16:30 05/03/11 10:11 7439-97-6
Sample: UPSTREAM GRAB Lab ID: 9292767002 Collected: 04/26/11 09:50 Received: 04/26/11 15:57 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
1631E Mercury, Low Level Analytical Method: EPA 1631E
Mercury 0.731 ng/L 0.50 1 04/28/11 16:30 05/03/11 10:17 7439-97-6
Date: 05/09/2011 04:37 PM
REPORT OF LABORATORY ANALYSIS Page 4 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services. Inc..

C 37�_
:Cittreef-
J
chi
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CLARIANT CORPORATION,
Petitioner,
v.
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES,
DIVISION OF WATER QUALITY,
Respondent.
• /lit" '
RECEIVED
eat-OFcENcRAL
DEC z2010
1N THE OFFICE OF �l,N +1R0";El 1T
ADMINISTRATIVE HEARWc,...?._ REC 'R LE
10 EIIR 6336
STIPULATION OF AGREEMENT AND
JOINT MOTION TO STAY PROCEEDINGS
S441/47t/( Nil 4//',/'i
The Petitioner, Clariant Corporation ("Clariant"), and the Respondent, Department of
Environment and Natural Resources, Division of Water Quality ("DWQ") (collectively the
"Parties"), by and through the undersigned counsel, pursuant to 26 NCAC 3.0115, hereby file
this Stipulation of Agreement and Joint Motion to Stay Proceedings (the "Stipulation") of this
Contested case. The Parties hereby stipulate and agree as follows:
1. On September 9, 2010, DWQ issued National Pollutant Discharge Elimination
Permit No. NC0004375 (the "Permit") to Clariant for its Mt. Holly East Facility.
2. Clariant has instituted Contested Case No. 10 EHR 6336 (the "Contested Case")
in the Office of Administrative Hearings ("OAH") challenging the effluent limitation for
mercury of 12 nanograms per liter ("ng/L") contained in Permit (the "Current Mercury
Limit").
3. DWQ has allowed other dischargers to demonstrate through in -stream sampling
that mercury concentrations in the receiving streams to which they discharge are below the state
water quality standard of 12 ng/L so that an effluent limitation for mercury of greater than 12
ng/L can be developed and included in their permits.

Correspondence Profile Cover Sheet
Page' 1' of 1
44617r.,&
NCDENR
Correspondence Tracking System
00312201004103
Summary
Stipulation of Agreement and Joint Motion to Stay Proceedings: Clariant Co
To:
Date: / /
Respond By:
Please:
Received 12/21/2010 via Lett
Legal issue for Mary Penny T
mpson
ration v. DWat
Issued 12/16/2010 by Steven J. Levitas of • patrick Stockton, LLP
** For Recipient
seOnly**-....._._�._...�....._...._..._...... _.__._.....�.........._
Prepare a reply for my signature and r - to me.
Reply, noting the letter was referred • you by me. *
Prepare a reply for the Governor's s gnature and return to me.
Reply, noting the letter was referr d to you by the Governor. *
For your information.
Take appropriate action
Note and file.
Note and return to me.
Note and see me about
Your comments and/or - commendations.
*Copy to Secretary's Office
Remarks
http://ibeam.enr.state.nc.us/os/dts/print.do?dispatch=crsdProfile&id=4103 12/21/2010

4. The Parties now wish to use a similar sampling procedure in an attempt to resolve
all matters in controversy between them relating to the Permit without the necessity of further
litigation in the Contested Case.
5. In order to utilize the procedure described above, it is necessary to stay all
proceedings in this Contested Case for a period of nine (9) months.
6. Clariant shall conduct upstream sampling for mercury using EPA method 1631E
twice a month for six months at the upstream sampling location specified in the Permit. If the
results of such sampling are above 12 ng/L for the first three months, Clariant may terminate the
sampling and agree to accept the Current Mercury Limit and dismiss the Contested Case.
7. If Clariant documents that in -stream mercury concentrations are less than 12 ng/L,
DWQ shall develop a new effluent limitation for mercury based on the results of the sampling
and analysis conducted by Clariant ("Modified Mercury Limit") and shall modify the Permit to
replace the Current Mercury Limit with the Modified Mercury Limit. Within thirty (30) days of
receipt of the modified permit, Clariant shall either (i) dismiss the Contested Case with prejudice
if it is satisfied with the Modified Mercury Limit, or (ii) dismiss the Contested Case without
prejudice to instituting a new contested case to challenge the Modified Mercury Limit.
8. If DWQ does not modify the Permit to replace the Current Permit Limit with a
Modified Mercury Limit, Clariant may resume prosecution of this Contested Case upon
expiration of any stay granted by the Court.
9. With the exception of the Current Mercury Limit, the Permit shall otherwise
become effective, with an effective date of December 1, 2010. The Current Mercury Limit shall
continue to be stayed until the Contested Case is dismissed or a final decision adverse to Clariant
is rendered in the Contested Case.
2

1
10. This Stipulation shall be final and binding upon the Parties, and their successors,
assigns, parents, affiliates and subsidiaries, upon execution by the undersigned, who represent
and warrant that they are authorized to enter into this Stipulation on behalf of the parties hereto.
WHEREFORE, the Parties respectfully request that the Court:
1. Issue an order staying the proceedings in the Contested Case and all schedules
and dates therein (i.e., discovery deadlines, hearing date, etc.) through and including September
16, 2011, to allow the Parties to take the actions agreed to herein, which the Parties expect will
lead to settlement and dismissal of this Contested Case; and
2. Grant such other and further relief as the Court deems just and proper.
A proposed order is attached to this motion.
This the UG 11"day of December, 2010.
CLARIANT CORPORATION
Mike Teague
Vice -President
Steven J. Levitas
N.C. State Bar No. 10971
Kilpatrick Stockton LLP
3737 Glenwood Avenue
Suite 400
Raleigh, NC 27612
Telephone: [phone]
Attorney for Petitioner
3

DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER QUALITY
Supervisor, NPDES Complex Permitting Unit
Anita LeVeaux
N.C. State Bar No. 13667
Assistant Attorney General
Department of Justice — Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-629
Telephone: [phone]
Attorney for Respondent
4

CERTIFICATE OF SERVICE
It is hereby certified that the foregoing STIPULATION OF AGREEMENT AND
JOINT MOTION TO STAY PROCEEDINGS has been served this day by depositing a copy
thereof in the United States mail, postage prepaid and addressed as follows:
Ms. Anita LeVeaux, Esq.
Assistant Attorney General
North Carolina Department of Justice
P.O. Box 629
Raleigh, NC 27602-629
Ms. Mary Penny Thompson, Esq.
General Counsel and Assistant Secretary of Information
1601 Mail Service Center
Raleigh, NC 27699-1601
This the PMday of December, 2010.
KILPATRICK STOCKTON LLP
3737 Glenwood Avenue, Suite 400
Raleigh, North Carolina 27612
Telephone: [phone]
.711
5

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CLARIANT CORPORATION,
Petitioner,
v.
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES,
DIVISION OF WATER QUALITY,
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
10 EHR 6336
)(° °).4%'
ORDER
This matter comes before the Court on the parties' Stipulation of Agreement and
Joint Motion for Stay of Proceedings. For good cause shown, it is hereby ORDERED as
follows:
All proceedings in this matter are stayed until September 16, 2011. This case
shall be removed from the Court's calendar until September 19, 2011, and all deadlines in
this matter shall be suspended during this stay period.
SO ORDERED, this day of , 2010.
Administrative Law Judge

,Belnick, Tom
eva 14,1 se'Rente4 Qff elm e-wfc4/ /1/7/1o.
7-Dry g6 e4
From: Levitas, Steve [SLevitas©kilpatrickstockton.com]
Sent: Friday, December 17, 2010 9:09 AM
To: Belnick, Tom
Cc: Templeton, Lisa
Subject: Re: Clariant Stipulation
Our courier will be by this morning. Lisa note that Mr. Belnick is not available between 11-
12.
Steven J. Levitas
Kilpatrick Stockton LLP
Suite 400
3737 Glenwood Avenue
Raleigh, NC 27612
t 919-420-1707
f 919-510-6145
On Dec 17, 2010, at 8:35 AM, "Belnick, Tom"
<tom.belnickPncdenr.Rov<mailto:[e-mail] » wrote:
Steve- I'm back in today. Have meetings from 11-12 and 2-3, otherwise should be in my office
on 9th floor Archdale, 925G. Just give me a buzz when you send someone over. Thanks.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
From: Levitas, Steve [rnailto:SLevitas(0kilpatrickstockton.coml
Sent: Thursday, December 16, 2010 4:28 PM
To: Belnick, Tom
Subject: Clariant Stipulation
I assume you didn't make it in today. Let me know when we can come by to get your signature.
Thanks
[http://www.kilpatrickstockton.com/images/sig/kslogo_color_tag_sig.gif]
Steve Levitas
Kilpatrick Stockton LLP
Suite 400 1 3737 Glenwood Avenue I Raleigh, NC 27612 office 919 420 1707 I cell 919 749 2953
fax [phone] slevitas(kilpatrickstockton.com<rnailto:slevitas(alkilpatrickstockton.com>
My
Profile<http://www.kilpatrickstockton.com/en/Who%20We%20Are/Professionals/L/LevitasStevenJ124
50.aspx>
1

***DISCLAIMER*** Per Treasury. Department Circular 230: Any U.S. federal tax advice contained''
in this communication (including any attachments) is not intended or written'to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or
(ii) promoting, marketing or recommending to another party any transaction or matter
addressed herein.
2

Pea via44/1--(44 it", A'
Belnick, Tom
From:
Sent:
To:
Cc:
Subject:
Attachments:
Belnick, Tom
Thursday, November 04, 2010 5:49 PM
Thompson, Mary P.
Poupart, Jeff
RE: Clariant
image001.jpg
Mary Penny- DWQ is ok with this concept. Not sure of legal mechanics- whether we can stay mercury permit limit for 6+
maths as we await data collection, or if we need to do settlement agreemen .with permit modification (might require
compliance schedule to implement) at this time. Some key settlement items:
o Facility will collect Upstream and Effluent mercury data for 6 months at 2/Month sample frequency, using EPA
Method 1631E
o Facility will submit data to DWQ for review. There is a possibility that a less stringent limit is necessary, or that
no limit is necessary, based on data.
o Timeframe will require >6 months to get lab data back and DWQ to evaluate. If we do permit mod, EPA must
concur and would likely want to see permit limit remain (but with compliance schedule, perhaps 1 year), with a
re-evaluation of limit after data is submitted.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit
NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Levitas, Steve[mailto:[e-mail]]
Sent: Thursday, November 04, 2010 4:49 PM
To: Thompson, Mary P.
Cc: Belnick, Tom
Subject: RE: Clariant
Mary Penny -- I just left you a message about this. Please give me a calm so we can talk about what we need to do to put
this to bed. Thanks. Steve
Steve Levitas
Kilpatrick Stockton LLP
Suite 400 ! 7 3 7 G!elm,, ood Avenue i Raleigh, NC 27612
office 9 19 120 1707 cell 919 749 2953 I fax 91:) 5-10 6145
slevitas(:1), 14)airickstockton.com j fvly Profile
From: Levitas, Steve
Sent: Thursday, October 28, 2010 8:40 PM
1

To: Thompson, Mary'; 'Belnick, Tom'
Subject: Clariant
I apologize for not having gotten back to you about meeting today. I was waiting to get direction from my client
and then got caught up in other matters. However, I now to have a proposal for resolving this matter that may not
require a meeting. That proposal is based on my understanding from Tom that other dischargers have been
allowed to demonstrate through monitoring that mercury concentrations in the receiving streams to which they
discharge are below the state water quality standard of 12 ppt so that an effluent limitation of greater than 12 ppt
can be developed and included their permits. My client proposes to do upstream sampling for mercury using EPA
method 1631E twice a month for six months. (If results are above 12 ppt for the first three months, we would
have the right to terminate the testing.) If we document that in -stream concentrations are less than 12 ppt,
DWQ would agree to calculate a new effluent limitation for mercury based on the monitored in -stream
concentration and to modify the permit to include that number. We need to structure a settlement agreement that
stays the new limit until after this process has been concluded, but we are fine with the rest of the permit going
into effect, subject to a couple of technical errors in the permit that we have discovered being corrected. If this
approach makes sense to you, let me know how you think we should proceed. Thanks. Steve
Steve Levitas
Kilpatrick Stockton LLP
Suite 400 13737 Glenwood Avenue I Raleigh, NC 27612
office 919 420 1707 I cell 919 749 2953 I fax [phone]
slevitas a(�,kilpatrickstockton.com I My Profile
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intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
2

Belnick, Tom
From: Belnick, Tom
Sent: Thursday, November 04, 2010 5:09 PM
To: Weaver, Charles; Chernikov, Sergei; Poupart, Jeff
Cc: Krebs, Rob
Subject: FW: Clariant NPDES Permit
Attachments: CLARIANT_ Petition for Contested Case Hearing.PDF
Charles- the mercury limit for NC0004375 (Clariant) has been contested and stayed. We are currently working out a
settlement agreement to allow instream mercury data collection with a re-evaluation of RPA after 6 months. Have you
stayed individual limits in BIMS pending settlement?
Rob- fyi. If monthly fast track shows a mercury violation, please BPJ with settlement pending. We put in mercury limit
of 12 ng/I (water quality standard at end of pipe, with no dilution) based on EPA stance that all waters in NC are listed as
impaired for mercury and therefore facility cannot be allowed to discharge above 12 ng/I. If facility collects upstream
data that shows the stream is not impaired (values are below 12 ng/I), then we can apply full stream dilution when
considering the need for a mercury limit.
Tom Belnick
Supervisor, Complex NPDES Permitting Unit
NC DENR/Division of Water Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
[phone]; fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Levitas, Stevejmailto:SLevitasPkilpatrickstockton.coml
Sent: Wednesday, October 13, 2010 11:28 AM
To: Belnick, Tom; Poupart, Jeff
Cc: Wakild, Chuck; Thompson, Mary
Subject: Clariant NPDES Permit
Gentlemen -- Following up on my voicemail to Tom and my phone conversations with Chuck and Mary Penny, I would like
to schedule a meeting at your earliest convenience to discuss the mercury limit in the Clariant-Mt. Holly NPDES permit.
filed the attached contested case petition in OAH on Monday, but have asked the court to hold the case to allow us to
discuss settlement. I am hopeful that we resolve this quickly and come up with an alternative, mutually agreeable
mercury limit. The limit in the new permit (the in stream standard of 12 ppt applied at the end of the pipe) is dramatically
lower than Clariant's prior limits. My understanding is that DWQ has applied these limits in situations of discharges to low -
flow streams where little dilution occurs. It is unclear to me why such a stringent limit is needed for a discharge to the
Catawba River. Please let me know when you might be available to meet next week. Thursday morning before 11:00 or
any time on Friday would be good for me. Thanks very much. Steve
#. s KILPATRICK
kb.a1- STOCKTON L(.P
Attorneys at Lass
Steve Levitas
Kilpatrick Stockton LLP
Suite 40013737 Glenv.'ood Avenme Raieign NC 27612
office 919 420 1707 i cell 919 749 2953 fax [phone]
sievItes(6)kiloatrickstockton.com ! fall Profile
1

Confidentiality Notice:
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its
disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney -
client privileged information and attomey work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information
contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by retum e-mail or at 404 815 6500, and destroy the
original transmission and its attachments without reading or saving in any manner.
"'DISCLAIMER"' Per Treasury Department Circular 230: Any U.S. federal tax advice contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
2

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
COUNTY OF (1) MECKLENBURG
IN THE OFFICE OF
ADMINISTRATIVE HEARfNGS
(2) CLARIANT CORPORATION
CCT I
(your name) PETITIONER, •
v.
ris
(3) DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER QUALITY
RESPONDENT.
(The State agency or board about which you are complaining)
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
Included effluent limitations for Total Mercury in Petitioner's NPDES Permit for its Mt. Holly East Facility (Permit NC0004375)
that are unreasonable, arbitrary and capricious, and not in accordance with law.
(4) Amount in controversy $ N/A
(if applicable)
(If more space is needed, attach additional pages.)
(5) Because of these facts, the State agency or board has: (check at least one from
deprived me of property; —
ordered me to pay a fine or civil penalty; or
X otherwise substantially prejudiced my rights; AND
(6) Date: October 11, 2010
(8) Print your full address: 3737 Glenwood Avenue, Suite 400
(street address/p.o. box)
Steven J. Levitas
(9) Print your name:
(10) Your signature:
each column)
X exceeded its authority or jurisdiction;
X acted erroneously;
X failed to use proper procedure;
X acted arbitrarily or capriciously; or
X failed to act as required by law or rule.
(7) Your phone number: [phone]
Raleigh NC 27612
(city) (state) (zip)
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
(12) Department of Environment and Natural Resources, DWO
(State agency or board listed on line 3)
Raleigh NC 27699-1601
(city) (state) (zip code)
(11) Mary Penny Thompson. Esquire
(name of person served)
(13) 1601 Mail Service Center
(street address/p.o. box)
(14) This the 11`' day of October , 20 10 .
(15)
(your signature)
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (05/10)

This box for OAH use only.
Amount Paid $
L7 Cash — receipt number
fl Money Order f7 Certified Check U Attorney Trust Account
Check number
U Indigent (must complete form HOI )
0 Mandated federal cause of action
Received by:
s•
INSTRUCTIONS FOR FORM H-06
"PETITION FOR A CONTESTED CASE" AND "CERTIFICATE OF SERVICE"
H-06 Instructions (05/10)

- e k/- #4- e -04°‘i
Belnick, Tom
From: Levitas, Steve[[e-mail]]
Sent: Thursday, October 28, 2010 8:40 PM
To: Thompson, Mary P.; Belnick, Tom
Subject: Clariant
I apologize for not having gotten back to you about meeting today. I was waiting to get direction from my client and then
got caught up in other matters. However, I now to have a proposal for resolving this matter that may not require a
meeting. That proposal is based on my understanding from Tom that other dischargers have been allowed to
demonstrate through monitoring that mercury concentrations in the receiving streams to which they discharge are below
the state water quality standard of 12 ppt so that an effluent limitation of greater than 12 ppt can be developed and
included their permits. My client proposes to do upstream sampling for mercury using EPA method 1631E twice a month
for six months. (If results are above 12 ppt for the first three months, we would have the right to terminate the testing.) If
we document that in -stream concentrations are less than 12.ppt, DWQ would agree to calculate a new effluent limitation
for mercury based on the monitored in -stream concentration and to modify the permit to include that number. We need to
structure a settlement agreement that stays the new limit until after this process has been concluded, but we are fine with
the rest of the permit going into effect, subject to a couple of technical errors in the permit that we have discovered being
corrected. If this approach makes sense to you, let me know how you think we should proceed. Thanks. Steve
Steve Levitas
Kilpatrick Stockton LLP
Suite 400 3737 Glenwood Avenue j Raleigh, NC 27612
office 919 420 1707 cell 919 749 2953 fax [phone]
slevitas(cl)kilpatrickstockton.com ( iviv Profile
Confidentiality Notice:
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its
disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney -
client privileged information and attomey work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information
contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by retum e-mail or at 404 815 6500, and destroy the
original transmission and its attachments without reading or saving in any manner.
***DISCLAIMER*** Per Treasury Department Circular 230: Any U.S. federal tax advice contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
1

Belnick, Tom
From: Levitas, Steve[[e-mail]]
Sent: Wednesday, October 13, 2010 11:28 AM
To: Belnick, Tom; Poupart, Jeff
Cc: Wakild, Chuck; Thompson, Mary
Subject: Clariant NPDES Permit
Attachments: CLARIANT_ Petition for Contested Case Hearing.PDF
Gentlemen -- Following up on my voicemail to Tom and my phone conversations with Chuck and Mary Penny, I would like
to schedule a meeting at your earliest convenience to discuss the mercury limit in the Clariant-Mt. Holly NPDES permit. I
filed the attached contested case petition in OAH on Monday, but have asked the court to hold the case to allow us to
discuss settlement. I am hopeful that we resolve this quickly and come up with an alternative, mutually agreeable
mercury limit. The limit in the new permit (the in stream standard of 12 ppt applied at the end of the pipe) is dramatically
lower than Clariant's prior limits. My understanding is that DWQ has applied these limits in situations of discharges to low -
flow streams where little dilution occurs. It is unclear to me why such a stringent limit is needed for a discharge to the
Catawba River. Please let me know when you might be available to meet next week. Thursday morning before 11:00 or
any time on Friday would be good for me. Thanks very much. Steve
Li
Steve Levitas
Kilpatrick Stockton LLP
Suite 400 l 3737 Glenwood Avenue I Raleigh, NC 27612
office 919 420 1707 I cell 919 749 2953 I fax [phone]
slevitas(a kilpatrickstockton.com I My Profile
Confidentiality Notice:
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its
disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney -
client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information
contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at 404 815 6500, and destroy the
original transmission and its attachments without reading or saving in any manner.
***DISCLAIMER*** Per Treasury Department Circular 230: Any U.S. federal tax advice contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
1

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
COUNTY OF (1) MECKLENBURG
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
(2) CLARIANT CORPORATION
(your name) PETITIONER, -
v.
CCT!1 °'132:!8
AL,;; L
(3) DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER QUALITY
RESPONDENT.
(The State agency or board about which you are complaining)
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
Included effluent limitations for Total Mercury in Petitioner's NPDES Permit for its Mt. Holly East Facility (Permit NC0004375)
that are unreasonable, arbitrary and capricious, and not in accordance with law.
(4) Amount in controversy $ N/A
(if applicable)
(If more space is needed, attach additional pages.)
(5) Because of these facts, the State agency or board has: (check at least one
deprived me of property;
ordered me to pay a fine or civic penalty; or
X otherwise substantially prejudiced my rights; AND
(6) Date: October 11. 2010
(8) Print your full address: 3737 Glenwood Avenue, Suite 400
(street address/p.o. box)
(9) Print your name: Steven J. Levitas
(10) Your signature: Cat/P—
from each column)
X exceeded its authority or jurisdiction;
X acted erroneously;
X failed to use proper procedure;
X acted arbitrarily or capriciously; or
X failed to act as required by law or rule.
(7) Your phone number: [phone]
Raleigh NC 27612
(city) (state) (zip)
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
(11) Mary Penny Thompson, Esquire
(name of person served)
(13) 1601 Mail Service Center
(street address/p.o. box)
(14) This the 11`h day of October , 20 10 .
(15)
(12) Department of Environment and Natural Resources, DWO
(State agency or board listed on line 3)
Raleigh NC 27699-1601
(city) (state) (zip code)
(your signature)
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (05/10)

This box for OAH use only.
Amount Paid $
[7 Cash — receipt number
11 Money Order fl Certified Check 0 Attorney Trust Account
Check number
Indigent (must complete form HOI )
0 Mandated federal cause of action
Received by:
INSTRUCTIONS FOR FORM H-06
"PETITION FOR A CONTESTED CASE" AND "CERTIFICATE OF SERVICE"
H-06 Instructions (05/10)

i
7.3a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 9, 2010
Bill Archer, Facility Manager
Clariant Corporation
P.O. Box 669246
Charlotte, North Carolina 28266
Subject: Issuance of NPDES Permit NC0004375
Clariant Corporation
Mecklenburg County
Dear Mr. Archer:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the
requirements of North Carolina GeneralStatute 143-215.1 and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes following major changes from the draft sent to you on June 8, 2010:
• The permit limits have been recalculated to include the contaminated groundwater flow that was
incorrectly identified in the renewal application.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable
to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt
of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh,
North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service:1-877-623•6748
Internet www.ncwaterquality.org
An Equal opportunity 1 Affirmative Action Employer
NonrthCarol a
�aturaf�

Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuanceof the permit. This permit does not affect the legal requirements
to obtain other permits which may be required by the Division of Water Quality or permits required by the
Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit
that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at
telephone number [phone].
Sincerely,
f7
0141
C-6leen H. Sullins
rG`�
cc: NPDES Files
Central Files
Mooresville Regional Office -Surface Water Protection
EPA Region TV (e-copy)
Aquatic Toxicology Unit (e-copy)
Meredith Moore (e-copy: [e-mail])
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury SI. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet www.ncwaterqualiry.org
An Equal opportunity 1 Afirmative Action Employer
NoarthCarolina
Naturally

Permit NC0004375
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES •
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water
Pollution Control Act, as amended,
Clariant Corporation
is hereby authorized to discharge wastewater from a facility located at the
Mt. Holly East Facility
NC Highway 27 northwest of Charlotte
Mecklenburg County
to receiving waters designated as the Catawba River in the Catawba Rivet Basin in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective October 1, 2010.
This permit and authorization to discharge shall expire at midnight on June 30, 2015.
Signed this day September 9, 2010.
C4/1/1( (161-4/(
Cen H. Sullins, Director
grit,
Division of Water Quality
By Authority of the Environmental Management Commission
1

SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit
issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate
and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein.
Clariant Corporation is hereby authorized to:
1. Continue operation of a 3.9 MGD wastewater treatment plant consisting of the
following treatment units:
• Two stormwater equalization basins for non-alldaline wastewater;
• Two stormwater equalization basins for alkaline wastewater;
• Two acid neutralization tanks;
• One lime slurry tank;
• Two primary clarifiers;
a One wastewater equalization basin;
® One aeration basin with mechanical aeration;
• Two secondary clarifiers;
® Two polishing ponds;
• Staged discharge facility including effluent holding basin and post aeration;
• Two sludge holding tanks; and
m Two sludge dewatering belt presses.
This facility is located at the Mt. Holly East facility off NC Highway 27 northwest of
Charlotte in Mecklenburg County.
2. Discharge treated centralized waste treatment (CWT) and non -categorical industrial
process wastewaters from said facility at the location specified on the attached map
through outfall 001 into the Catawba River, classified WS-IV CA waters in the
Catawba River Basin.
2

A. (1) FFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until the addition of future wastewater sources or
expiration, the Permittee is authorized to discharge treated CWT and non -categorical industrial process wastewater from outfall
001. Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
•
•EFFLUENT LIMITATIONS
..:.. _ -.
MONITORING REQ>*JIREMENTS
` . .
Average
IA.•ailp Iyfaxunuux •
, 1Vleasurement•
Sam•p•le
Sample Location •
.Monthly
. :. ... .•
. . ;.:.. . .'.°j..
•; fequency '
` .4*,:: ..
...... ..
Flow
3.9 MGD
Continuous
Recording
Influent or Effluent
B0D, 5-day, 20°C4
300.1 pounds/day
888:5 pounds/day
Daily
Composite
Effluent
Total Suspended Solids
395.4 poundslday
1,245.2 poundslday
Daily
Composite
Effluent
Oil and Grease
102.9 pounds/day
344.2 pounds/day
Monthly
Grab
Effluent
Dissolved Oxygen
Daily
Grab
Effluent, U' & Di
Fecal Coliform
(geometric mean)
Monthly
Grab
Effluent
pH2
Daily
Grab
Effluent, U' & Dt
NH3 as N4
574.5 poundslday
861.8 poundslday
Daily
Composite
Effluent
Temperature °C
Daily
Grab
Effluent, U1 &.D' .
Conducthity-.
Daily
Giab
Effluent, U'• & 01 ..
COD
Monthly
Grab
Effluent
Total Nitrogens
(NO2+NO3+TKN)
See below for Annual Average
Monthly
Composite
Effluent
Total Phosphoruss
See below for Annual Average
Monthly
Composite
Effluent
Total Mercury
12 nglL
12 ng/L
Monthly
Grab
Effluent
Total Phenols
Monthly
Grab
Effluent
MBAS
Quarterly
Composite
Effluent
Total Iron .
Quarterly
Composite
Effluent
Sulfates
Quarterly
Composite
Effluent.
Chlorides
Quarterly
Composite
Effluent
Total Manganese
Quarterly
Composite
Effluent
Chronic Toxicity3
Quarterly
Composite
Effluent
Total Chromium
Monthly
Composite
Effluent
Total Antimony
310 pg/L
310 pg/L
Monthly
Composite
Effluent
Total Arsenic
2,771 pg/L
2,771 ltglL
Monthly
Composite
Effluent
Total Copper
3.97 pounds/day
4.5 pounds/day
Monthly
Composite
Effluent
Total Zinc
2.2 pounds/day
2.6 pounds/day
Monthly
Composite
Effluent
Notes:
I. U= upstream at NC Highway 27. D = downstream at 1-85. Upstream and downstream samples for dissolved oxygen,
temperature, conductivity and pH shall be collected three times per week during June, July, August and September and once
per week during the remaining months of the year.
2. The pH shall nor be less than 6.0 standard units nor greater than 9.0 standard units.
3. Chronic Toxicity, refer to Section A. (3).
4. Staging requirements (applicable April 1-October 31) — Refer to Section A. (5).
5. The Total Nitrogen limitation is 318.5 pounds/day and Total Phosphorus limitation is 40.0 pounds/day based on a 12-
month rolling average. Refer to Section A. (4).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
3

When an approved analytical protocol with the appropriate minimum detection level is followed and a result of "non -detectable"
or "below quantitation limit" is obtained, the permittee will be considered to be in compliance with the numerical permit limit for
that pollutant.
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
CWT Parameters
r04'0 x� }� ems.:
ul i 1
EiII en s
, .. .rau ,...,.v,iaa
Dail' axlm '•
d aya-T,
�� n.,f+u�i-nn
Mgnklil: kr"',ag
o�nuilifflay
..;i.
Latirasurem
a
su r
Sampl x.
nay.w z4 , r
e � .
ap
Las 9
Acetone
158.6
41.8
Annually
Grab
Effluent
Acetophenone
0.6
0.29
Annually
Grab
Effluent
2-Butanone
25.3
9.7
Annually
Grab
Effluent
o-Cresol
10.1
2.9
Annually
Grab
Effluent
p-Cresol
3,7
1.1
Annually
Grab
Effluent
Phenol
19.2
5.7
Annually
Grab
Effluent
Pyridine
1.9
0.96
Annually
Grab
Effluent
2,4,6-Trichlorophenol
0.81
0.56
Annually
Grab
Effluent
Notes for CWT Parameters
Should any annual monitoring result in detection of a CWT parameter contained in 40 CFR 437 Subpart D, then .
quarterly monitoring will begin immediately for the detected parameter(s). After four consecutive quarterly samples
resulting in non -detection are achieved, the monitoring frequency will revert to annually.
When an approved analytical protocol with the appropriate minimum detection level is followed and a result of "non -
detectable" or "below quantitation limit" is obtained, the permittee will be considered to be in compliance with the
numerical permit limit for that pollutant.
A. (3) CHRONIC TOXICITY PERMIT LIMIT (Quarterly)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodetphnia dubia at an effluent concentration of 1.8%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North
Carolina Cetiodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent
versions. The tests will be performed during the month. of March, June, September, and December. Effluent sampling
for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,
then multiple -concentration testing shall be performed at a minimum, in each of the two following months as
described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or
subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods arc specified in the "North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the
following address:
4

Attention: North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be fled with the Environmental Sciences Section no later than 30 days
after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the
permittee will complete the information located at the top of the aquatic toxicity (AT) test fonn indicating the facility
name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the
comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited
above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
•
required during the following month. "
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include
alternate monitoring requirements or limits.
If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring
shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid
test and will require uninediate follow-up testing to be completed no later than the last day of the month following the
month of the initial monitoring.
A. (4) TOTAL PHOSPHORUS AND TOTAL NITROGEN MONITORING
The Pennittee shall calculate a 12-month rolling average mass loading as the sum of monthly loadings, according to
the following equations:
(1) Monthly Average (pounds/day) = TP x Qom, x 8.34
where:
TP = the arithmetic average of total phosphorus concentrations (mg/L) obtained via composite samples (either
daily, weekly, or monthly average values) collected during the month
Qw = the average daily waste flow (MGD) for the month
8.34 =conversion factor, from (mg/L x MGD) to pounds
The 12-month rolling average mass loading is defined as the sum of the monthly average loadings for the previous 12
months inclusive of the reporting month:
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(2)
i?
12-Month Average Mass Loading (pounds/day)= > TPma = 12 (inclusive of reporting month)
Where:
TPma = the total phosphorus monthly average mass loading (calculated above).
Total Nitrogen is to be calculated using the same method.
The monthly average and 12-month average mass loadings shall be reported on the attached worksheet and submitted
with the discharge monitoring report for Clariant Corporation. The fist worksheet is due with the discharge
monitoring report, 12 months from the effective date of the total phosphorus and total nitrogen limits. In the interim
period between the effective date and the requirement to submit the attached worksheet, the total phosphorus and
total nitrogen monthly average mass loadings should be reported on the discharge monitoring report for the
respective facility.
The Permittee shall report the total phosphorus and total nitrogen concentrations for each sample on the discharge
monitoring report. Reporting of and compliance with the phosphorus and nitrogen limits shall be done on a monthly
basis.
A. (5) STAGING REQUIREMENTS (APPLICABLE APRIL 1— OCTOBER 31)
The operating day runs froi,i 7:00 am to 7:00 am. Each day, the permittee will calculate a running daily average stream
flow as determined by turbine • operation at Mountain Island Dam, leakage at the dam (80 cfs), and the 7Q1O'flow of
Dutchman's Creek (15 cfs). Effluent release is to be controlled such that projected release of BOD and ammonia,
using the most recent analytical values for these parameters, will not exceed the value given in the following formulas:
(1) When the daily river flow is calculated to be < or = 175 cfs: BODS + 0.54(NH3 N) <=566.4 pounds/day
(2) When daily average river flow is calculated to be >175 cfs but < or = 250 cfs: BODS + 0.54(NH3-N) <=1044
pounds/day
The attached additional DMR sheet (see next page) shall be used to monitor compliance with BOD and NH3 staging
requirements during the summer (April 1 — October 31)
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