NC0044725_Correspondence_20081031

NPDES DOCUMENT SCANNING COVER SHEET
NC0044725
LMAC WWTP
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Correspondence
Owner Name Change
Technical Correction
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
October 31, 2008
This document its printed on reusse paper - ligruare any
content on the rezrerese'nide

Michael F. Easley, Govemor
State of North Carolina
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 31, 2008
Mr. Paul G. Davis
Laurinburg-Maxton Airport Commission
16701 Airport Road
Maxton, North Carolina 28364
Subject Limitations for Copper
Copper Action Level Policy
Laurinburg-Maxton Airport (LMAC) WWTP
NC0044725
Scotland County
Dear Mr. Davis,
In accordance with the Division's Copper and Zinc Action Level Policy, DWQ has
determined that this facility shall receive a copper limit of 268 µg/L. Your facility has been notified
that it has reasonable potential to violate the instream action level for copper and has been asked to
rule out copper as a causative effluent toxicant. As of October 2008, the Division has not received an
investigative report from your facility that rules out copper as the causative toxicant. Therefore
based on your facility's repeated whole effluent toxicity failures, the fact that your effluent data
shows reasonable potential to cause an exceedance of applicable water quality standards, and your
inability to rule out copper as a causative toxicant, a copper limit shall be placed in your permit.
Rather than reopen your permit at this time, the Division will include the copper limit upon
renewal of your permit, which expires on July 31, 2009.
If you have any questions or comments concerning this issue, please contact Toya Fields at
[e-mail] or [phone].
S' cerely,
,for , Coleen H. Sullins
Cc: Belinda Henson, Fayetteville Regional Office, Surface Water Protection
Dale Lopez, Fayetteville Regional Office, Surface Water Protection
PERCS Unit
Aquatic Toxicology Unit
Central Files
NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 ; Telephone [phone] FAX [phone]
512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer
NNo `hCarolina.
aturally

Re: [Fwd: [Fwd: [Fwd: LMAC NC00447251]]
Subject: Re: [Fwd: [Fwd: [Fwd: LMAC NC0044725]]]
From: Toya Fields <[e-mail]>
Date: Wed, 21 May 2008 13:29:53 -0400
To: "Dale.Lopez" <[e-mail]>
CC: Vanessa Manuel <[e-mail]>
Hi Dale,
I was able to speak with Matt today about this issue. Two things:
1) I think you're right about the HQW requirement. I want to run it by Vanessa when she gets back from
vacation next week, but I think we do have to apply the HQW rule to this situation and I'm guessing it was
probably just an oversight that we didn't. That alone would cut the limit in half. Also- because of the way
that the limit was calculated, we used an effective "copper standard" (not a real standard but it behaves
like one in this case) of 14 ug/L. So to use your calculation as an example, 14 ug/L times a dilution factor
of 18.38 is 257 ug/L.
2) Just to add some perspective, Matt felt that it was very unlikely that copper is what is causing the WET
failures. I wasn't very familiar with the compliance concerns at this facility, but Matt mentioned that there
are many. It seems that if the Town had bothered to do the required TIE work, they could have easily
ruled out copper as a factor. Obviously we have to be consistent and follow our standard procedures, but
the copper will probably not cause effluent toxicity at this facility. Also, according to the RPA sheet that
you sent me, with the exception of one high sample that was taken in early 2005, copper values are
consistently below 25 ug/L.
So I wouldn't worry about the facility causing instream toxicity as a result of their copper levels, but I still
think we need to look at applying the HQW rules to this situation. Vanessa gets back from vacation on
Tuesday, so we can talk some more about this next week.
Thanks!
Toya
Dale.Lopez wrote:
Subject:
[Fwd: [Fwd: LMAC NC0044725]]
From: "Dale.Lopez" <Dale.Lopeza)ncmaiI.net>
Date: Wed, 23 Apr 2008 15:00:55 -0400
To: Belinda Henson--Belinda.HensonO)ncmaiI.net>
To: Belinda Henson -Bel inda.Henson(.ncmaiI.net>
1 of 3 10/9/2008 3:14 PM

Re: [Fwd: [Fwd: [Fwd: LMAC NC0044725]]]
Subject:
[Fwd: LMAC NC0044725]
From: "Dale.Lopez"
Date: Wed, 23 Apr 2008 14:54:41 -0400
To: undisclosed -recipients:;
To: undisclosed -recipients:;
Hi Belinda,
John Giorgino left a phone message that said that ESB is proceeding with the reopening of the
NPDES permit to incorporate the Copper limit at 536 micrograms per liter. But, I have a problem
with such a high permit limit (it wouldn't be effective as a preventive measure to aquatic toxicity limit
violations. In my opinion, the limit should be much less (four times less than 536 micrograms per
liter). The following is my reasoning. The North Carolina Action Level for Copper is 7 microgr.
per liter, (please note that this is in agreement with the EPA benchmark for Copper of 9 micrograms
per liter). The IWC for LMAC is 2.72% (from which I calculated a dilution factor 1 to 36.76, which
is 100% divided by 2.72%). In addition, if 15A NCAC 02B .0224 (1) applies (because LMAC is
discharging to HQW waters), then the dilution factor would be half of the 36.76, which equals
18.38. The calculation would then be 7 micrograms per liter (AL) times the 18.38 dilution factor
equals 129 micrograms per liter for a Copper limit at LMAC_ This is four times less that what is
going to go into the NPDES permit, and LMAC might not ever reach the reasonable potential to
exceed the allowable limit for copper if we leave it at 536 ug/L. My fear is that if Copper is actually
causing a Whole Effluent Toxicity violation, we would not recognize it as such because of the high
NPDES permit limit. I think that this would be a good time to look into making a correction (before
it goes into the NPDES permit).
The attachment to this email was an email that Dana sent to Joe concerning whether or not the regs
for HWQ applied to LMAC. Today, I sent an email to Dana asking if she received a reply from Joe
about the HWQ (but, no reply from her yet).
Thanks,
Dale
Subject:
LMAC NC0044725
From: Dana Folley Dana.FolIev(ibnemaiI.net>
Date: Mon, 11 Jun 2007 16:13:16 -0400
To: Joe Corporon oe.corporon(iuncmail.net>
To: Joe Corporon <joe.corporon( ncmaiI.net:-
CC: Gil Vinzani Gil. VinzaniLuncmaiI.net, Vanessa Manuel Vanessa. Manuel cuncmai1.net ; Dale
Lopez -Dale.Lopez( .ncmaiI.net>
Hey, Joe, Dale and I have been discussing the compliance status of LMAC for WET - 3 failures so f
2 of 3 10/9/2008 3:14 PM

Re: [Fwd: [Fwd: [Fwd: LMAC NC0044725]]]
- and how to advise the POTW in their investigation - what pollutants seem high, etc. And also a
request for increase in a sulfate limit for one of their SIUs - Umicore (previously Carolmet). We hav
some clarification questions on how to apply NC WQS to this facility in general, and thought you ma
be able to help since you wrote the last NPDES renewal - effective 6/1/05. Plus you're the FRO
ROC! Feel free to forward this on to whom ever else in NPDES can help us.
LMAC discharges to the Lumber River, classified HQW. Their IWC is 1.3%. 15A NCAC 02B
.0224 (1) says new or expanded discharges to HQW must meet certain criteria, including TSS 20
mg/1, 1/2 the WQS for toxic substances, and 1/2 IWC for WET. It also says expanded facilities must
meet the same unless their permit is written so that there is no increase in permitted pollutant load.
LMAC expanded from 1 mgd to 2 mgd sometime during the term of the 3/1/00-7/31/04 NPDES
permit, so I assume it qualifies under the expanding facility rule. Their TSS is 15 = 1/2 the previous
30. WET is set at 2.3% = twice their IWC. However, it appears that the RPA was run using the
WQS, and not 1/2 WQS. Perhaps this was a simple oversight? We in Pretreatment also used the
WQS in our Headworks Analysis (HWA). Before I go and tell them to change their HWA to use 1/2
WQS, I would love to have the official word from NPDES on what we should use. Please let us
know.
This will affect the sulfate and various other parameters with respect to the industry increase. It will
also help Dale clarify about their copper levels and whether they, or any other parameter, could be
contributing to WET (Vanessa tells me HQW and other special issues are not addressed when she
calculates the potential copper/zinc limits for the WET NOVs w/ copper/zinc ATU issues).
Thanks!
-Dana Folley
NC DWQ PERCS-Pretreatment
Toya Fields -
Environmental Engineer I
Western NPDES Program
Division of Water Quality
Tel: [phone] x 551
Fax: [phone]
3of3
10/9/2008 3:14 PM

Re: Permit re -opener LMAC
Subject: Re: Permit re -opener LM.AC
From: Belinda Henson <[e-mail]>
Date: Tue, 16 Sep 2008 11:07:21 -0400
To: John Giorgino <[e-mail]>
CC: Gil Vinzani <[e-mail]>, Cindy A Moore <[e-mail]>,
"jimmie.overton" <[e-mail]>, Dale Lopez <[e-mail]>
John,
We agree that LMAC has been given ample time to comply. From the regional perspective, we agree a
Cu limit should be given for this facitlity. Thanks.
Belinda
John Giorgino wrote:
Gil, please find attached the memo that was was sent in April. We have "threatened" LMAC
(NC0044725) with a Cu limit. The facility absolutely did not comply with our RP policy.
Continued NOV letters mentions that they are now eligible for a Cu limit, and I would like to
get some closure on this. Thanks.
Belinda S. Henson
Regional Supervisor
NC DENR-Division of Water Quality
Surface Water Protection Section
Fayetteville Regional Office
[phone]
1 of 1 10/7/2008 8:09 AM

DIVISION OF WATER QUALITY
April 24, 2008
MEMORANDUM
To: Gil Vinzani
Through: Cindy Moore
From: John Giorgino
Subject: REQUEST TO REOPEN NPDES PERMIT AND INCORPORATE EFFLUENT
LIMITATIONS FOR COPPER
DWQ's Copper and Zinc Action Level Policy
Laurinburg-Maxton Airport (LMAC) WWTP
NPDES No. NC0044725
Scotland County
Our office requests that the LMAC Facility's NPDES Permit be reopened and effluent
limitations for copper are applied. Our recommendation is based on the following events.
The LMAC Facility was notified that it had reasonable potential to violate the instream action
level for copper. NOVs dated 5/17/07 and 6/22/07 for WET permit limit violations occurred in March
and April, 2007. The 5/17/07 correspondence cited a prospective copper limit of 536 ug/L, with a final
report due by 3/241/08.
The LMAC Facility was required to notify our office of its decision to accept the prospective
permit limits by 7/23/07. On 7/24/07, our office received correspondence from the LMAC Facility
indicating that they did not want a copper limit, however an investigative option was not chosen. , I
contacted LMAC via phone, and informed Mr. Charles Vandenberg (the former ORC), that an
investigative option must be chosen. On 7/31/07, our office received another letter from LMAC
indicating Option 3, (TIE investigations) to rule out copper as the causative effluent toxicant. The letter
also stated that "as part of the TIE, the facility will do additional testing on our industries, including
testing for Barium and COD, and will closely monitor the results within our plant, especially copper, zinc
and cobalt."
As of 4/23/08, this office has not received any investigative reports from the facility that rules
out copper as the causative toxicant.
On 2/26/08, the LMAC Facility was sent another NOV for toxicity noncompliance in 12/07.
Included in the NOV letter was an underlined reminder that the facility was under RP II status for copper,
and a full report was due on 3/24/08. Also stated was the reminder that a failure to submit a report can
subject the facility to a revised permit with a copper limit.

Page 2
LMAC
April 22, 2008
On 3/31/08, another toxicity noncompliance NOV was sent to the facility for failing to meet its
permit requirement in 1/08. The same report reminder that was included in the NOV letter.
On 3/24/08, I received a call from Mickey Oxendine, the LMAC Superintendent (910 844-5081)
concerning the report that was due from the facility ruling out copper as the causative agent. He asked
what would be needed for the report. Apparently the facility had done nothing, despite the letter from
indicating that facility chose Option 3- TIE evaluation to rule out Cu. I told him to get me a letter or a
report ASAP, or we will suggest that his permit be reopened to have a Cu limit.
On 4/2/08, Mr. Paul Davis (executive director LMAC) called (910 844-5081) to request copies of
our correspondence to him over the last 9 months. He stated that the ORC (Mr. Charles Vandenberg)
that had responded to the RP 11 letter is no longer with them. He also requested a copy of the letters that
the ORC sent us. He cannot find the letters in his (the previous ORC) files. I told him that I would
comply, and send them to him. Copies were mailed via certified mail on 4/7/08
The LMAC facility has not taken advantage of TIE testing opportunities whenever toxicity test
results did not achieve compliance with the toxicity permit limit. Written notification was sent from this
office clearly stating the consequence(s) of failing to perform TIE testing on effluent samples which did
not achieve compliance with the permit limit. No data have been submitted that definitively rules out
copper as a cause of effluent toxicity. We believe that our office (and the regional office) has been
extremely flexible in this situation and we must be consistent in this response at it relates to decisions
concerning this issue applied to other facilities. We recommend the NPDES Permit for LMAC be
reopened to incorporate a numeric copper limitation.
Please feel free to contact me (743-8441) or Cindy (743-8442) if you have questions.
cc: Belinda Henson -Fayetteville Regional Office
Dale Lopez -Fayetteville Regional Office
Matt Matthews-NPDES Unit
Jimmie Overton-ESS
Aquatic Toxicology Unit Files
Central Files

DIVISION OF WATER QUALITY
MEMORANDUM
To: Gil Vinzani
Through: Cindy Moore CA- "
From: John Giorgino A
Subject:
April 24, 2008
REQUEST TO REOPEN NPDES PERMIT AND INCORPORATE EFFLUENT
LIMITATIONS FOR COPPER
DWQ's Copper and Zinc Action Level Policy
Laurinburg-Maxton Airport (LMAC) WWTP
NPDES No. NC0044725
Scotland County
Our office requests that the LMAC Facility's NPDES Permit be reopened and effluent limitations
for copper are applied. Our recommendation is based on the following events.
The LMAC Facility was notified that it had reasonable potential to violate the instream action
level for copper. NOVs dated 5/17/07 and 6/22/07 for WET permit limit violations occurred in March
and April, 2007. The 5/17/07 correspondence cited a prospective copper limit of 536 ug/L, with a final
report due by 3/24//08.
The LMAC Facility was required to notify our office of its decision to accept the prospective
permit limits by 7/23/07. On 7/24/07, our office received correspondence from the LMAC Facility
indicating that they did not want a copper limit, however an investigative option was not chosen. I
contacted LMAC via phone, and informed Mr. Charles Vandenberg (the former ORC), that an
investigative option must be chosen. On 7/31/07, our office received another letter from LMAC
indicating Option 3, (TIE investigations) to rule out copper as the causative effluent toxicant. The letter
also stated that "as part of the TIE, the facility will do additional testing on our industries, including
testing for Barium and COD, and will closely monitor the results within our plant, especially copper, zinc
and cobalt."
As of 4/23/08, this office has not received any investigative reports from the facility that rules out
copper as the causative toxicant.
On 2/26/08, the LMAC Facility was sent another NOV for toxicity noncompliance in 12/07.
Included in the NOV letter was an underlined reminder that the facility was under RP II status for copper,
and a full report was due on 3/24/08. Also stated was the reminder that a failure to submit a report can
subject the facility to a revised permit with a copper limit.

Page 2
LMAC
April 22, 2008
On 3/31/08, another toxicity noncompliance NOV was sent to the facility for failing to meet its
permit requirement in 1/08. The same report reminder that was included in the NOV letter.
On 3/24/08, I received a call from Mickey Oxendine, the LMAC Superintendent (910 844-5081)
concerning the report that was due from the facility ruling out copper as the causative agent. He asked
what would be needed for the report. Apparently the facility had done nothing, despite the letter from
indicating that facility chose Option 3- TIE evaluation to rule out Cu. I told him to get me a letter or a
report ASAP, or we will suggest that his permit be reopened to have a Cu limit.
On 4/2/08, Mr. Paul Davis (executive director LMAC) called (910 844-5081) to request copies of
our correspondence to him over the last 9 months. He stated that the ORC (Mr. Charles Vandenberg) that
had responded to the RP II letter is no longer with them. He also requested a copy of the letters that the
ORC sent us. He cannot find the letters in his (the previous ORC) files. I told him that I would comply,
and send them to him. Copies were mailed via certified mail on 4/7/08
The LMAC facility has not taken advantage of TIE testing opportunities whenever toxicity test
results did not achieve compliance with the toxicity permit limit. Written notification was sent from this
office clearly stating the consequence(s) of failing to perform TIE testing on effluent samples which did
not achieve compliance with the permit limit. No data have been submitted that definitively rules out
copper as a cause of effluent toxicity. We believe that our office (and the regional office) has been
extremely flexible in this situation and we must be consistent in this response at it relates to decisions
concerning this issue applied to other facilities. We recommend the NPDES Permit for LMAC be
reopened to incorporate a numeric copper limitation.
Please feel free to contact me (743-8441) or Cindy (743-8442) if you have questions.
cc: Belinda Henson -Fayetteville Regional Office
Dale Lopez -Fayetteville Regional Office
Matt Matthews-NPDES Unit
Jimmie Overton-ESS
Aquatic Toxicology Unit Files
Central Files