NC0000892_Response to NOV-2022-LV-0598_20221129

DocuSign Envelope ID: 9B0C1841-B5D5-46C2-ACF9-DA20F1A59F68
ROY COOPER
GI,VNOUf
ELIZABETH S. RISER
Seaelary
RJCI-IAR0 E. ROGERS, JR.
Mean,
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En franraentaf QUalfly
Certified Mail # 7020 3160 0000 4115 7195
Return Receipt Reguested
October 13, 2022
James Gard, Plant Manager
Arclin USA Inc
790 Corinth Rd
Moncure, NC 27559
SUBJECT: RESEND: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-LV-0598
Permit No. NC0000892
Arclin USA, Inc
Chatham County
Dear Permittee:
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This letter replaces the NOTICE OF VIOLATION (NOV-2022-LV-0598) dated August 29, 2022. Please
respond in writing within ten L101 business dAys after receipt of this Notice.
A review of the February 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance ViolationLsi
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Phenol (34694) 2/3/2022 0.011 0.246 Daily Maximum Exceeded
001 Effluent Phenol (34694) 2/28/2022 0.007 0.246 Monthly Average Exceeded
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
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DocuSign Envelope ID: 9B0C1841-B5D5-46C2-ACF9-DA20F1A59F68
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the
Raleigh Regional Office at 919-791-4200.
Cc: Laserfiche
Sincerely,
1,—DocuSigned by:
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Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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Perrormmnce Applied
November 22, 2022
Vanessa Manuel — Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Response Letter: Notice of Violation NOV-2022-LV-0598
Arclin USA, LLC
NPDES Permit Number NC0000892
Chatham County
Dear Ms. Manuel:
On November 15, 2022 Arclin USA, LLC in Moncure, NC Chatham County, North Carolina
received the above -referenced Notice of Violation (NOV) and Intent to Assess Civil Penalty
issued by the NCDEQ related to the reported February 3, 2022 and February 28, 2022 Priority
Pollutants exceedances of the Daily Maximum, and Monthly Average phenol discharge limits.
Both of these apparent exceedances are the result of one analytical result, for which Arclin
believes Pace Analytical Laboratory made an error.
The plant NPDES permit requires quarterly sampling to demonstrate that phenol discharge does
not exceed a monthly average discharge of 0.007 lbs/day with a daily maximum of 0.011 lbs/day.
Contract laboratory testing of Arclin's quarterly effluent sample taken on 2/3/22 indicates that
phenol Priority Pollutant discharge was 0.246 lbs. This apparent permit exceedance was reported
on Arclin's February discharge monitoring report and followed up with a letter to NCDEQ dated
March 30, 2022 which detailed Arclin's investigation into the issue (copy attached).
As stated in the March 30, 2022 letter, Arclin completed an investigation and determined a Pace
Analytical Laboratory error is the most likely cause of the elevated discharge number. Pace
Analytical Laboratory was contacted, but they were unable to verify that any analytical error was
made. However, Arclin believes the following evidence supports a likely laboratory error.
• Additional effluent samples were taken — Result of Non -Detect for phenol
• Re -analysis of the retain sample held at -4°C — Result of Non -Detect for phenol
• All other parameters measured in the wastewater sample taken at the same time as the
phenol sample returned results within normal ranges
• An operations review determined the wastewater treatment plant was operating within
normal process parameters during the sampling time period
• There were no process upset events during the sampling time period which could have
contributed to higher phenol discharge concentrations
• The wastewater treatment plant does not have a history of phenol exceedances

Arclin considers all NOV's as serious environmental issues, and takes immediate actions to
resolve any non-compliance issue. However, we believe the evidence supports Arclin's position
that a Pace Analytical Laboratory error resulted in a reported exceedance while the actual
wastewater treatment plant operation was normal, and discharges were within permit limits.
Arclin requests that the NCDEQ formally withdraw the Notice of Violation. If you concur please
provide Arclin with a written notice of withdrawal of the Notice of Violation.
If you have any additional questions please contact Bowman Harvey at [phone] or me at
[phone].
Sincerely,
Jarhes Gard
Plant Manager

clin
Performance Applied
March 30, 2022
Raleigh Regional Office
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Arclin USA, LLC
NPDES Permit Number NC0000892
Phenol Exceedance (Priority Pollutants)
Dear Sir or Madam:
Arclin USA, LLC operates the above -referenced wastewater treatment facility. The plant NPDES permit requires
quarterlysampling to demonstrate that phenol discharge does not exceed an average discharge of 0.0071bs/day
with a daily maximum of 0.011 lbs/day. Contract laboratory testing of Arclin's quarterly effluent sample taken on
2/3/22 indicates that Phenol Priority Pollutant discharge was 0.246 lbs. This apparent permit exceedance will be
reported on Arclin's February discharge monitoring report. However, there were no unusual activities at the plant
during the month of January or February time period and the samples appeared normal at the time of collection.
With no history of Phenol discharge permit exceedances, and wastewater plant operations appearing normal,
Arclin commenced an investigation into the phenol issue.
With no apparent cause of the increase in phenol discharge, additional samples were sent to Pace Analytical
Laboratory. The sample results indicated a result of Non -Detect. Arclin also sent our retain sample from 2/3/22
sampling event to be re -analyzed. This sample was held in the refrigerator at -4 degrees C. While outside of the
hold time for reporting official results, this retain analysis sample result was also non -detect for Phenol.
Arclin contacted Pace Analytical Lab and they claimed to not find any errors in their analytical
procedure/methods (Analytical Method: EPA 625.1). FIowever, the data supports that this issue is likely an
analytical error:
• The wastewater treatment plant was operating within normal process parameters
• There was not a process upset event contributing to higher phenol
• All other parameters measured in the wastewater sample returned results within normal ranges
• All subsequent samples taken in response to receiving the high Phenol result have been non -detect
• Re -analysis of the retain sample resulted in non -detect for Phenol
• The wastewater treatment plant does not have a history of Phenol exceedances
While the evidence supports laboratory error, Arclin is reporting the Phenol results on our discharge monitoring
report, as required. If you have questions concerning this wastewater report, please contact Claris Lamm at (919)
353-0762 or me at [phone].
Sincerely, 9rzyit
mes Gard
Arclin
Plant Manager