NC0004618_more information received_20230831

verdantas
PEOPLE FOCUSED FUTURE
August 31, 2023
NCDEQ / DWR
NPDES Industrial Permitting Unit
Attn: Douglas Dowden
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Response to Additional Request for Information for Permit Application NC0004618
Phoenix Lumberton LLC [Lumberton Energy Holdings LLC / Active Energy
Lumberton (Alamac American Knits)] for the facility located at 1885 Alamac Road
in Lumberton, North Carolina. 15104.0025.
Dear Mr. Dowden:
Thank you for your letter dated June 12, 2023, requesting additional information in regard
to Permit Application NC0004618 Phoenix Lumberton LLC [Lumberton Energy Holdings
LLC / Active Energy Lumberton (Alamac American Knits)] for the referenced facility
located at 1885 Alamac
Road in Lumberton, North Carolina (Facility).
This letter includes Verdantas' responses, on behalf of Phoenix, to NCDEQ / DWR's
comments dated June 12, 2023, on the Permit Application. Please note that the
original text of NCDEQ/DWR's comments from the letter dated June 12, 2023, is
included below in bold typeface, followed by Verdantas' response on behalf of
Phoenix to the comments.
Request 1
Status Update Ouffall 002: Based upon information available (e.g., prior permit) the site
originally included two (2) Outfalls: Ouffall 001 and Ouffall 002. The recent permit
application does not include any information concerning Ouffall 002, thus please provide
an update to the status of Ouffall 002; such as, has the Ouffall been permanently closed
off and/or update the permit to reflect that the outfall is still viable and its current usage.
Current data available indicates that positive flows persist at this Ouffall (e.g., eDMR
reports from January 2018 to January 30, 2021) and with this documented positive flow
the Ouffall must be permitted or permanently closed off.
Response 1
Historically Ouffall 002 discharged filter backwash water and stormwater from the ditches
associated with the parking areas. Currently there is no backwash discharge through
Outfall 002. Ouffall 002 only handles stormwater from the ditches adjacent to the parking
areas and the stormwater is not associated with industrial activities. Therefore Ouffall 002
was not included in the permit application.
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August 31, 2023
Document Number: 15104.0025
Request 2
verdantas
Discharge to Publicly Owned Treatment Works: Based upon information supplied use of
the site only includes general warehousing and distribution purposes with no generation
of wastewater, thus how is biological waste being managed and disposed of at the site?
Is the facility connected to a locally owned treatment works (e.g., POTW), if so which
facility and for what discharge and what volume of discharge?
Response 2
The Facility is used for general warehousing and distribution purposes, but does have
generation of domestic wastewater (toilets, sinks, etc.). This wastewater source is being
discharged to the City of Lumberton POTW. The volume of the discharge is estimated at
104 GPD.
Request 3
Groundwater Remediation: At this juncture, based upon internal discussions groundwater
remediation concerns may be addressed by the Division of Waste Management work
with the site owner.
Response 3
The request in noted and no response required.
Request 4
Forever Chemical Contamination and Treatment: Based upon information supplied
wastewater on- site (e.g., Section 11.1 and 11.2 and page 148 of the application) and
discharges include high levels of various Forever Chemicals (e.g., PFAS, per- and
polytluoroalkyl substances), thus what plans does the facility have to sample, monitor,
potentially contain and treat Forever Chemicals at the site? Please provide all details
necessary to facilitate a complete review. Please complete Attachment 1 A herein and
return within 60 days of the date of this letter.
Response 4
Process water is not currently being discharged to the treatment system, and only water
from the groundwater remediation system is processed through the treatment system as
contemplated by the Brownfields Agreement. Accordingly, groundwater has been
identified as the Facility source of the per- and polyfluoroalkyl substances (PFAS)
detected in treatment system sampling. Discussions by the Applicant are underway with
the Division of Waste Management's Brownfields Program and Inactive Hazardous Sites
Branch to identify alternatives to the current groundwater remediation system at
the Facility, which if successful would eliminate the need for ongoing processing
of groundwater through the treatment system. However, if use of the treatment
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August 31, 2023 verdantas
Document Number: 15104.0025
system remains necessary, Phoenix will work with DWR to evaluate and implement
appropriate treatment technology, if required. Attachment 1 A is attached.
Request 5
Flood Zone and Flood Water Infiltration into Treatment Systems: What measures if any has
the facility implemented to prevent flood waters from infiltrating facility treatment systems
and becoming contaminated with site materials? Based upon a review of available
information during the rainy season infiltration into facility treatment systems can result in
a discharge up to 1 MGD. Is this water being treated and if so, how before discharge?
Section 4 of the application does not reflect any intermittent flows that typically are
associated with heavy rains and/or flood waters as required pursuant to 40 CFR
122.21(g)(4). Please explain the source(s) of all flow into onsite treatment systems and
source(s) of all discharges accounting for seasonal and/or intermittent fluctuations.
Response 5
The treatment system is currently operated to handle flows from groundwater pumping
activities at the Facility. As noted, the Applicant and the Division of Waste
Management's Brownfields Program and Inactive Hazardous Waste Branch are
discussing the potential for alternatives to the current groundwater system, which, if
successful, would eliminate the need for ongoing processing of groundwater in the
treatment system. In the meantime, stormwater discharge locations at the Facility do not
discharge directly to the wastewater treatment system. The existing stormwater system is
designed to address stormwater separate from Facility wastewater. To the extent that
stormwater infiltrates the treatment system through other means, it is handled in the
system together with flow from the groundwater system. The potential for floodwater and
flood water to the treatment system exists and will be addressed as the Facility considers
the use, design and potential decommissioning of the wastewater treatment system
once the appropriate approach to groundwater at the Facility is determined.
Request 6
Section 8 - Used or Manufactured Toxics: Based upon available information the facility no
longer manufactures (e.g., general warehousing and distribution), however analytical
data reflects discharges include various toxicants listed in Table B, thus the discharge of
treated groundwater is a byproduct requiring the completion of Table B of the
application.
Response 6
We would ask that you clarify your question. You are correct that Phoenix does not
conduct any manufacturing operations at the Facility and does not discharge and has
not discharged process wastewater from manufacturing operations. The only flow
placed in the treatment system relate to handling groundwater that was impacted by
past operations prior to Phoenix's ownership, as contemplated by the Brownfields
Agreement. It is not clear to us that the groundwater by itself is a byproduct that was
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August 31, 2023 vel-dantas
Document Number: 15104.0025
used or manufactured at the Facility as contemplated by Section 8 of Form 2C. With
respect to the Table B constituents in groundwater, Phoenix does not have information
on the use or origin of those materials, other than their presence, which we have listed in
that Table. Nevertheless, we are happy to work with DWR to provide you the information
you need to review the application properly and look forward to discussing what you
need for that purpose as it relates to Section 8.
Request 7
Section 9 Biological Toxicity Test: The application did not include an affirmative response
to question 9.1, yet at page 71 reflects that Ceriodaphnia Dubia survival and reproduction
test have been conducted, thus please complete section 9.1 of the application and
resubmit and/or explain why question 9.1 is not applicable.
Response 7
The response to question 9.1 has been revised and is attached.
Request 8
Delegation of Authority for Reports to be Filed - Section 11.2 Signatory Authority: Section
11.2 for clarification is signed by David M. Marks who is denoted as a Manager for the
facility. Under 40 CFR § 122.22 Signatories to permit applications and reports (applicable
to State programs, see § 123.25) states as follows.
(a) Applications. All permit applications shall be signed as follows:
(1) For a corporation. By a responsible corporate officer. For the
purpose of this section, a responsible corporate officer means: (1) A
president, secretary, treasurer, or vice-president of the corporation
in charge of a principal business function, or any other person who
performs similar policy- or decision -making functions for the
corporation, or (11) the manager of one or more manufacturing,
production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or
implicit duty of making major capital investment recommendations,
and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems are
established or actions taken to gather complete and accurate
information for permit application requirements; and where authority
to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
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August 31, 2023 verdantas
Document Number: 15104.0025
Please ensure that Mr. Marks meets the requirements of 40 CFR § 122.22 - Signatories to
permit applications and reports (applicable to State programs, see § 123.25). Please
adjust and update the application accordingly.
Response 8
We have confirmed with Phoenix that Mr. Marks has the required signatory authority.
Request 9
For Table A: For conventional pollutants the application reflects no data for TOC, please
adjust and resubmit accordingly.
Response 9
TOC monitoring is not required by the current permit. Process water is not generated and
placed within the system and thus TOC is not anticipated to be a byproduct of the
groundwater passed through the system. Phoenix will collect TOC data during the next
regularly scheduled sampling event for Outfall 001 and will provide the data in a timely
manner.
Request 10
For Attachment 2 - Discharge Monitoring data please resubmit in excel format. This
request is made for various reasons, one of which being that as submitted the data is not
completely legible.
Response 10
Discharge monitoring data is being provided in excel format with the electronic
submission of this response.
Additional Request
Key Contact(s) for Communications: To ensure continuity, Division requests that Phoenix
Lumberton LLC designate a key contact with one backup for all communications. With
that said Sergei Chernikov, PhD at: [e-mail] is the primary contact
for NCDEQ with Doug Dowden at: [e-mail] serving as the backup.
All primary communications should include these contacts.
Additional Response
The primary contact for Phoenix Lumberton LLC is Marsha McNeil
([e-mail]). The backup contact is Heather Niski
([e-mail]).
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August 31, 2023
Document Number: 15104.0025
verdantas
If you have any questions or require additional information, please do not hesitate to
contact Heather Niski, Real Estate Counsel of Phoenix Investors at 414-310-5686, or Brian
Lyncha, the undersigned, at 302-489-2352.
Sincerely,
VERDANTAS LLC
Brian Lyncha, P.E.
Enclosures
4 Hemisphere Way, Bedford, OH, 44146 1 verdantas.com