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HomeMy WebLinkAboutNC0004308_Response to Correspondence_20220826 DocuSign Envelope ID:BOF1 F246-8602-4AD3-ACC8-3CCA44CBC8DA aa� �� a 4 ROY COOPER 4 , ' i ? Governor % *� iorr,o, ELIZABETH S.BISER Secretory RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality August 26, 2022 Robyn L. Gross,Director Asset Management Americas Badin Business Park LLC Badin Business Park LLC 201 Isabella Street, Suite 500 Pittsburgh,PA 15212-5858 Subject: Badin Business Park (Formerly Alcoa)—Response to Correspondence Dated 5/27/22 and 6/2/22 Permit NC0004308 Badin Facility Stanly County Dear Ms. Gross: North Carolina Department of Environmental Quality(NCDEQ)is in receipt of Badin Business Park (BBP) correspondence dated May 27, 2022 and June 2, 2022. We understand and appreciate the considerable time and effort BBP has expressed to investigate / identify potential sources of fluoride and total cyanide discharge concentrations to Little Mountain Creek and efforts to date to address the discharge of these pollutants. In response to BBP correspondence NCDWR provides the following: RESPONSE TO BBP'S MAY 27, 2022 CORRESPONDENCE 1. Very Old Storm Sewer System: We appreciate the formal update referenced in line item 1 of the May 27th correspondence.NCDWQ requests a summary with attachments of all studies performed by BBP that "demonstrate the majority of the fluoride entering the system is a result of groundwater infiltrating the very old storm sewer systems." To date data submitted by BBP in eDMR routinely reflects exceedances for the pollutants identified.Thus,under 15A NCAC 02B .0404 reasonable potential still exist for water quality violations. Regardless of identifying the source(s) of fluoride and total cyanide within Outfall 005 the contaminated storm water can and should be treated using treatment technologies, thus reducing, if not eliminating the potential of water quality violations from Outfall 005 in the future. North Carolina Department of Environmental Quality I Division of Water Resources ��� 512 North Salisbury Street 11611 Mail Service Center I Raleigh North Carolina 27699-1611 919.707.9000 uswrm,..d[.wrommc awmr DocuSign Envelope ID:BOF1F246-8602-4AD3-ACC8-3CCA44CBC8DA 2. Water Quality Standards and Table 1: NCDWR appreciates the formal update referenced in line item 2 of the May 27th correspondence. Data provided does not demonstrate that fluoride and total cyanide concentrations in Little Mountain Creek downstream of BBP consistently meet water quality standards. Data provided by BBP via eDMR routinely reflects exceedances for the pollutants identified. Under 15A NCAC 02B .0404 reasonable potential still exist for water quality violations of acute and chronic criteria. The data in Table 1 provides flowrate in USG/min not based upon a sanctioned/calibrated USGS data station for Little Mountain Creek.The data in Table 1 is not reflective of the data provided by BBP in eDMR. Historical data from eDMR reflects a monthly average flow —0.14 mgd with a maximum reported of 0.26 mgd. The data provided in Table 1 reflects significant variability which indicates the need for thorough data collection from USGS (e.g. 5-10years). The data is not comparable to low-flow values as it could have high inaccuracy, especially for a stream with high probability of zero-low flow.Thus,the facility must meet end of pipe limits. Also, the data provided does not include any correlation to fluoride, total cyanide concentrations, nor chronic criteria, nor include rainfall totals by month. Thus, the value of the data is of limited use and is unsubstantiated. 3. Site Remediation Activities: We appreciate the summary of recent activities at the site provided and agree that these actions "have been unsuccessful at bringing Outfall 005 into consistent compliance with the fluoride limit" as expressed in line item 3 of the May 27th correspondence. Based upon the information provided BBP has been unable to identify the source(s) of fluoride in Outfall 005 on site. NCDEQ does appreciate the technical discussion of various fluoride wastewater treatment studies "all with mixed success, specifically with sustainable treatment of fluoride in wastewaters to low ppm levels on a continuous or interim basis"in the"White Paper"entitled "Re: Fluoride Removal from Industrial Wastewaters—A Technology Review". The treatment studies investigated had very high concentrations of Fluoride in an industrial effluent or stormwater. BBP has a diluted mix of Groundwater and stormwater with a mean value of 2.1 mg/L for Fluoride (monthly average). BBP should perform pilot studies and literature reviews relevant to Badin Business Park's situation where there are low concentrations (2-5 mg/L) of Fluoride in stormwater/effluent. The EPA treatment database has reported effluent with low Fluoride content to near zero after treatment. This office believes that all available technologies have not been explored. BBP should explore relevant treatment alternatives through literature review, facility funded pilot studies etc. for low concentrations of Fluoride (2-5 mg/L, corresponding to treatment requirement level) in stormwater.The results from such efforts should be translated to a plan,construction and installation of a satisfactory treatment system. The plan should be submitted to NCDWR prior to construction and/or installation. 4. Mixing Zones: NCDEQ appreciates the "considerable time and effort that BBP has taken to investigate the potential for a direct discharge to Little Mountain Creek"; however, numerous factors play into mixing zones. Most importantly, current USGS data is required to provide a 7Q10 determination. A single data point from a potentially abandoned USGS or WWTP station from 20 plus years ago cannot be used for a 7Q10 determination especially ...1) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street i 1611 Mail Service Center I Raleigh North Carolina 27699-1611 D_E 919.707.9000 oeynvmsm a Emwnmenw OuaN V DocuSign Envelope ID:BOF1 F246-8602-4AD3-ACC8-3CCA44CBC8DA when USGS has made a more recent determination.The effort to pursue this option was solely at the discretion of BBP personnel. Further, under 15A NCAC 02B .0204 mixing zones will not: i. result in acute toxicity to aquatic life or prevent free passage of aquatic organisms; ii. result in offensive conditions; iu. produce undesirable aquatic life or result in a dominance of nuisance species; iv. endanger the public health or welfare. Mixing zones can only be established on a case by case basis at the discretion of the NCDEQ per 15A NCAC 2B.0204. 5. In response to specific assertions and/or proposals made in the May 27th, 2022 correspondence the following responses are provided. a. USGS Data Points: It is solely at the discretion of BBP to pursue, develop,propose and possibly conduct a study to determine if a non-documented previous assessment of USGS data can be validated. b. Unsubstantiated Flow Data Points: NCDWR is not able to permit a discharge to Little Mountain Creek utilizing unsubstantiated "previously determined 7Q10" data that is now outdated. c. Hydrograph-Controlled Release: The data provided in Attachment 1 of the May 27th correspondence is irrelevant to this discussion. Each state and each waterbody within each state has its own applicable rules, regulations, and requirements and thus data regarding what has transpired in Florida, Georgia, Kentucky, Alabama, and South Carolina is not applicable. NCDWR must adhere to the rules and regulations as established by the North Carolina Environmental Management Commission and the EPA. Specifically, in regards to the proposed Hydrograph-Controlled Release (HCR) by ftn Associates Ltd; this approach is not an acceptable method within NC under 2B water quality regulations to address the discharge volume of fluoride to Little Mountain Creek.. Additionally, evaluation of the data submitted raised the following concerns: i. Based upon the HCR proposal (Attachment 1 of the 5/27/22 BBP correspondence) developed by ftn Associates Ltd it appears that BBP may have data that reveals pollutant sources upstream of the site were caused by past site activities.NCDWR request copies of all data that indicate existence of pollutants and/or pollutant sources upstream of the site. ii. The information supplied is not adequate;including,but not limited to the lack of adequate USGS approved flow data. USGS flow stream data is typically based upon an extended data set and thus the proposal "to establish a flow monitoring station in Little Mountain Creek in order to update the historic 7Q10 determination"will not timely address current discharge exceedances. D—� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611 919.707.9000 o.ovu�.n m Dower DocuSign Envelope ID:BOF1 F246-8602-4AD3-ACC8-3CCA44CBC8DA ii.i. Based upon the limited information supplied the facilities that operate under a HCR scenario are the exception rather than the rule. They are generally used for DO concerns and most states do not allow HCR's to address exceedances for toxicants. In addition, the scenarios provided are not similar to the conditions at BBP and Little Mountain Creek. iv. The proposal indicates "the daily maximum concentration limits would be equal to the criteria to protect from acute toxicity (24 mg/L fluoride and 46.6 µg/L cyanide)". Any proposal should address all chronic and acute water quality standards. 6. Treatment Options: We understand that BBP has evaluated various treatment options to address pollutant discharges off site involving fluoride at their sites worldwide. NCDEQ appreciates the detailed technical information provided in Attachment 2, specifically within the "White Paper" entitled "Re: Fluoride Removal from Industrial Wastewaters — A Technology Review". a) As stated previously BBP should fully evaluate all options to address water quality violations, including options to treat storm water prior to discharge and continue efforts to find and eliminate all pollutant sources (e.g. some form of site remediation activities). As discussed with NCDEQ Assistant Secretary for the Environment, Sushma Masemore, at the meeting in March 2022, BBP should explore and present to DWR available technologies relevant to the BBP situation to address water quality exceedances. This office believes that all available technologies have not been explored and BBP shall assess, through literature reviews and facility funded pilot studies,treatment technologies for low concentrations of Fluoride (2-5 mg/L) in stormwater/effluent. The results from such efforts should be translated to construction and installation of a satisfactory treatment system. Again, we appreciate the time and effort put into developing this white paper; however, recurring water quality violations must be addressed. RESPONSE TO BBP'S JUNE 2, 2022 COMMUNICATIONS In response to BBP recent communication dated 6/2/2022 to Director Richard Rogers regarding "support the hydrologic data collection for the period of July 1, 2022 through June 30, 2023" there is insufficient detail within the letter to formulate a complete response. The request suggests that the study is designed to capture only 1 year of flow data.Modeling adhering to USGS and EPA standards typically requires an extended data set. Thus, the proposal is not comprehensive enough to support a new critical low-flow determination. 1 ALL SITE OPERATIONS AND ACTIVITIES COVERED IN PERMIT RENEWAL Also based upon information provided and observations made BBP is now leasing space to other businesses. Long-term all operations and facilities on the site must be covered (identified) and comply with the Permit. Thus, the Permit renewal must include and address all site activities,including those of tenants. o) N51orth2North CarolinaSalisbury Department Street 1of1611 EnvironMamilenServtalice QualityCenter I I Division Raleigh of WaterNorthC Resources arolina 27699-1611 o'.,-., n m c.,,..,,m,i a,.+e\ /`, 919.707.9000 DocuSign Envelope ID:B0F1F246-8602-4AD3-ACC8-3CCA44CBC8DA CONCLUSION Please note that we received BBP's responses to DWR's NPDES Permitting Unit's letter requesting additional information/clarifications dated May 17, 2022. Staff are reviewing those responses and drafting a renewal permit. In the meantime,we look forward to receiving information from BBP on a proposed treatment option that can be installed at Outfall 005 in order to eliminate any future violations. To avoid delays in the permitting process please provide a response within sixty (60) days of the date of this correspondence. If you have any questions please contact Amir Adaryani, Ph.D. at: 919-707-3704 or via email at: amir.adaryani@ncdenr.gov or Doug Dowden at: 919-707-3605 or via email at: doug.dowdenna,ncdenr.gov. Sincerely, (—DocuSigned by: VOL+S U) VOWIVA boiifPige9t®4den Environmental Program Supervisor II Industrial NPDES Permitting Unit cc: Central Files Central Office: Assistant Secretary for the Environment Sushma Masemore,Director Richard Rogers,Deputy Director Julie Grzyb,Asher Spiller Attorney at Law,WQPS Manager Michael Montebello, PIO Anna Gurney, Environmental Engineer I Amir Adaryani Ph.D. via email Morrisville Regional Office—Corey Basinger via email Michael Scott,NCDEQ via email;Joy Hicks, NCDEQ via email Jason Mibroda,Alcoa Corp. via email—Jason.mibroda@alcoa.com Cameron Henley,Moore&VanAllen via email: cameronhenley@mvapublicaffairs.com North Carolina Department ofEnvironmenta cQuality I Division o£Water Resources . ) 512 North Salisbury Street 11611 Mail Service Center I Raleigh North Carolina 27699-1611 %,.,,.c H.:,I..� 919.707.9000 oeea.m.em a Enviomonv+w+i\ 0 �