NC0090212_Correspondence_20230213

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
01maor
n,: STAiF o,
n
1>
NORTH CAROLINA
Environmental Quality
February 17, 2023
Ms. Melissa Arnold
Assistant Project Environmental Scientist, Mining
SWCA Environmental Consultants
295 Interlocken Blvd., #300
Broomfield, CO 8002
Subject: Permit Application
Additional Information Request
NCO090212 — Albemarle / Kings Mountain
348 Holiday Inn Drive, Kings Mountain
Cleveland County / MRO
Dear Ms. Arnold:
Thank you for your recent inquiry regarding the status of NCDEQ Division of Water Quality Permittirvs
Industrial Permitting Unit (Division) review of the Permit Application (PA) for Albemarle / Kings
Mountain's proposed lithium mine project in Cleveland County North Carolina. NCDEQ has conducted
an initial review of the materials provided and has the following Additional Information Request (ADI).
The information requested will enable the Division to complete the review in accordance with N.C.G.S.
143-215.1 and 15A NCAC 2H.0105. Please provide all information requested herein to this office during
this renewal review period to the following.
NCDEQ/ DWR
NPDES Industrial Permitting Unit
Attn: Douglas Dowden
1617 Mail Service Center
Raleigh, NC 27699-1617
and by email to: doug.dowden e ncdenr.gov
ADDITIONAL INFORMATION REQUEST
1. Delegation of Authority for Reports to be Filed: It does not appear that they have delegated
state applications to Mr. Fisher? Adding to the list in the letter "State of North Carolina" , - JFormatted: Font: Not Bold
D_E Q�� North Carolina Department ofEnviromnental Quality I Division of Water Resources
512 North Salish- Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Ge� 919.707.9000

PFAS Questionnaire: Analysis of proposed effluent and groundwater is required using EPA Alethod
1633. Rease provide the data in an excel database format that is Please complete the
PFAS questionnaire as Attachment 1 herein and submit with the additional information.
Let me know why you feel that the request is not appropriate and then I can respond to your
specific concerns.
Reasons requested: proposed and prior activities on -site that included AFFF, a PFAS contauiuig , - Formatted: Font: Not Bold
compound. In addition, of course inclusion in surfactants, ore -floating processes and other Formatted: Font: Not Bold
performance chemicals such as hydraulic fluids and fuel additives that can contain PFAS related
chemicals.
In regards to mining - PFAS may be present due to the use of aqueous film -forming foams (AFFFs�
for firefighting, but also through inclusion in surfactants, ore -floating processes and other performance
chemicals such as hydraulic fluids and fuel additives. This means that PFAS contamination is a risk for
the mining sector and should be assessed and managed appropriately.
This brings to mind the Albemarle / Kings Mountain site which was formerly a mining operation that
used AFFF and of course inclusion in surfactants, ore -floating processes and other performance
chemicals such as hydraulic fluids and fuel additives.
Regulations and EPA require that NCDEQ require that state permitting agencies have "existingw - Formatted: Font: Not Bold
authoritLA" to control PFAS through NPDES permits and should be doing so "to the fullest extent Formatted: Indent: Left: 0.25", No bullets or
available under state and local law. We have acknowledged this requirement in our actions with numbering
Chemours.
Questionnaire: Paving ---Albemarle complete atra confusing questionnaire "form cannot re lace
T`pp" Formatted:Font:NotBold, Underline
the need for fulldisclosure". The questionnaire misses the point of disclosure (to ensure the agency Formatted: Font: Not Bold, Underline
has full and complete information regarding discharges) and creates the reverse incentive for in
to abstain from conducting PFAS sampling in the first place, as industries will likely want to avoid
identifying themselves as PFAS sources and/or permits with controls for the compounds. We must
require sampling and analysis pursuant to: 15A N.C. Admin. Code 2H.0109, 2H.0115. T'kisA similar` , - Formatted: Font: Not Bold, Underline
approach is now being litigated in several State Supreme Courts right now _ _ _ _ _ _ _ _ Formatted: Font: Not Bold
With that said the questionnaire akheue-h misses the mark or point of the EPA guidance and - - Formatted: Indent: Left: 0.25"
memorandums to State agencies theFe aFe a few veints to mentmenwhich include:
o The term PFAS and fluorinated chemicals are used interchangeably, which makes everything vague
and open to interpretation and confusion.
o There could be many PFAS materials contained in raw or semi -finished product used in production
and generated at the ssiteete. that no good information may exists about.
o The form fails to indicate what levels we are looking for. The EPA has the problem of deminimus
on report by industry. So, what levels we are looking for?
o Confidentiality of business and production could be hindering, we can lust look into the effluent at
the end of day.
o It is likely that many facilities will simply ip act in ignorance or not being knowledgeable about Formatted: Outline numbered + Level: 1 + Numbering
PFAS and they -might be, but then this does not negate our responsibilities as a State agency as Style: Bullet + Aligned at: 0.5' + Tab after: 0.75" +
noted previously. Indentat: 0.75"
Formatted: Font: Underline
Formatted: Indent: Left: 0.25", No bullets or
numbering
D_EQ� North Carolina Department ofEnvironmeutalQuality I Division of Water Resources
5.2 North Salisbury street 1 1611 Mail service Center I Raleigh, North Carolina 27699-1611
o�c.m emminroonmenui ouar\ /''� 919.707.9000

EPA's PFAS NPDES Guidance instructs state agencies on how to address PFAS through existing
NPDES authorities (e.g. EPA's PFAS NPDES Guidance, supra note 2. And-15A-N.C. Admin. Code - - Formatted: normaltextrun, Font: (Default) Garamond,
2H.0109, 2H.0115). Federal and state law, as well as EPA's guidance make clear that the 12 pt
Department must analyze effluent limits to control all industrires PFAS pollution. IndeedTo \ ' Formatted: Font: Bold
this effect, the Department has already controlled PFAS in Chemours' NPDES permit, displaying
theour—.Ua� understanding of itsour responsibilities under the Clean Water Act and signaling that Formatted: Font: Bold
the agencywe halve the tools, authority, and knowledge o€n how to handle PFAS discharges through
the NPDES permitting scheme. EearAlbemarle should be -not be treated no -differently.
The Clean Water Act requires permitting agencies to, at the very least, incorporate, technology-basedF- - - Formatted: Indent: Left: 0.25", Space Before: Auto,
effluent limitations on the discharge of pollutants. In this case we do not have data reflecting No bullets or numbering
concentration levels. When EPA has not issued a national effluent limitation guideline for a particular
industry, we as the permitting agenciesy must implement technology -based effluent limits on a case -by -
case basis using tlneirour "best professional judgment" [40 C.F.R. § 125.3; see also 33 U.S.C. § 1342(a)(1)(B);
15A N.C. Admin. Code 2B.0406.1.
7-4-EPA has confirmed that technology -based limits are the "minimum level of control that must be
imposed in NPDES permits" and that they should be calculated for PFAS. {EPA's PFAS NPDES
Guidance, supra note 2 at 3.
North Carolina's toxic substances standard protects the public from the harmful effects of toxic— - - I Formatted: Indent: Left: 0.25", No bullets or
chemicals, like PFAS at 15A N.C. Admin. Code 213.0208. numbering
Additional monitoring or data collection requirements "may not be substituted" for permit limits.80
23. Form 2E is incomplete. All parameters in Form 2E must be analyzed. What specific parameters are
missing? No organics on list.
3. Form 2E Section 7. Other information (40 CFR 122.21(h)(7)) is not completely visible, please
submit this page of the form so that A te�a is visible.- I read a print out and thus did not have the
option of toggling the left side of the pace. Applicant's should simply state see attach for a detailed
response when the space provided is inadequate knowing that a hard copy is required by statute and
thus some information may be lost. I was reading a printed copy and thus the drop down was not
present. Also, since we require a hard copy the volume of text in a given entry box theorhetically
should not exceed the visible portion of the box, otherwise information may get lost.
4. Pegmatite Pond Dewatering: Please provide clarification if the Pegmatite pond will be drained. If
so, sampling must take place with analysis prior to potential discharge. The application references the
main pond and the pegmatite pond.
5. Consideration of Potential Downstream Impacts do to Dewatering: Please provide an erosion
and sediment control plan (eg. details on what erosion control measures will be implemented during delvatering.�.
locations.6. Groundwater sampling and analysis is required for at least two (2) Same as before. What
parameters and why, specifically what to sample for where and why
6. I requested this based upon my previous position.
One last item to ensure continuity and ensure that nothing gets lost NCDEQ request that Albemarle /
Kings Mountain designate a key contact for all communications, �s ecifically requests with one backup.
D_EQ� North Carolina Department ofEnvironmeutalQuality I Division of Water Resources
512 North salish- Street 1 1611 Mail service Center I Raleigh, North Carolina 27699-1611
o�c.m emminroonmenui 919.707.9000

NCDEO will do the same and Derek Denard is the key contact for NCDEO with Doug Dowden serving
as the backup. All communications should include these key contacts. We appreciate your attention to
these matters and look forward to continuing to work with you and your team on this Permit Application.
Pending review and evaluation of provided information, further action or additional information may be
required.
Also, be cognizant of the fact that using a scroll bar for additional text information in any given text entry
box may get lost for review purposes if the reviewer is reading a printed version. In addition, scanned in
documents of any nature for public access will often lose the scroll bar functionality and thus may not
meet public accessibility requirements.
One of the main confusing aspects of direction provided is that in one application review permits and
documents provided to other departments are deemed relevant, (Alcoa) and for others with similar issues
are deemed irrelevant by management.
I thank you in advance to your attention to the above reference matters. If you have any questions about
the NPDES pemut process, please contact me at the following e-mail address: doug.dowden e ncdenr.gov,
or telephone number: 919-707-3605.
Sincerely,
Douglas Dowden
Environmental Program Supervisor II
Industrial NPDES Permitting Unit
cc: Central Files; NPDES Files
ec: Derek Denard, Environmental Program Consultant at: derek.denard(cf�,ncdenngov
Amir Adaryani PhD, Engineer III at amir.adaryaniL&ncdenr.gov
Michael Montebello, NPDES Program Branch Chief at: Michael.montebello(cf�,ncdenr.gov
David Miller, State Mining Engineer at: David.miller(c7�,ncdenr.gov
Adam Parr, Assistant State Mining Engineer, NCDEQ — adam.parr(cf�,ncdenr.gov
Wes Bell, Senior Environmental Specialist (MRO) at wes.bell&ncdenr.gov
Jeffrey Chandler, Environmental Specialist (MRO) at: leffrey.chandler(cf�ncdenr.gov
Trevor Chesal, Mine Environmental & Approvals Manager at: trevor.chesal(cf�,albemarle.com
Joey Dean, Group Hydrogeologist- joeydean(cf�albemarle.com
J. Kent Masters; Chief Executive Officer at: Kent.Masters(c7�,albemarle.com
Chris Garrett, SWCA at: cc arrettnswca.com
Sophie Swanson, Senior Water Resource Engineer, Mining, SWCA at sswanson(Cl�,swca.com
John Kuhn at: [e-mail]
Melissa Arnold, Assistant Project Environmental Scientist at melissa.arnold(cf�,swca.com
Chase Conway, Consultant II; ERM at: chase.conwaykerm.com
WHY THE REQUEST FOR SAMPLING
All
D_EQ� 512 rth Sa
North Carolina Department of Environmental Quality I Division of Water Resources
Nolish- Street 1 1611 Mail service Center I Raleigh, North Carolina 27699-1611
o�c.m emminroonmenui 919.707.9000

If you haven't seen these articles there is a significant push from the EPA to increase
standards on PFAS and more data.
Maysville
WNCT: EPA head to hold roundtable discussion in Maysville on Monday
Coastal Review: EPA Secretary Regan touts PFAS funding during NC stop
WNCT: U.S. EPA addresses PFAS contamination grant program in Maysville
N&0: 'We have to change the law.' In NC, EPA's Regan wants stronger water pollution rules
Policy Watch: EPA Administrator Michael Regan announces $2 billion for small water systems to
address PFAS contamination, $62 million for NC
N&0: 'We have to change the law.' In NC, EPA's Regan wants stronger water pollution rules.
In regards to mining - PFAS may be present due to the use of aqueous film -forming foams
(AFFFs) for firefighting, but also through inclusion in surfactants, ore -floating
processes and other performance chemicals such as hydraulic fluids and fuel
additives. This means that PFAS contamination is a risk for
the mining sector and should be assessed and managed appropriately.
This brinas to mind the Albemarle / Kinas Mountain site which was formerly a mini
operation that used AFFF and of course inclusion in surfactants, ore -floating processes and other
performance chemicals such as hydraulic fluids and fuel additives.
So for the meeting with Mike on Albemarle this is why I recommend some sampling for
PFAS. By the way, the gas exploration industry is now revamping or reviewing processes that
may result in PFAS - not a public piece of information yet. (Straight from Exco and Noble
Mining and Exploration)
D_EQ� North CarolinaDeparnneutofEnvironmeutalQuality I Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
o�c.m emminroonmenui 919.707.9000

ATTACHMENT 1
PERMIT APPLICATION SUPPLEMENT- PFAS SCREENING QUESTIONS:
1. Do you use any material or products (directly or indirectly) in your operations that contain
fluorinated chemicals? If so, please identify what materials or products contain fluorinated
chemicals.
4-.a Please also address if you have any historical conditions and/or information for past practices - - Formatted: Bulleted + Level: 1 + Aligned at: 0.5" +
at the site related to fluorinated chemicals? 11ndentat: 0.75"
2. Will your facility formulate or create products (directly or indirectly) which contain fluorinated
chemicals? If so, please identify the specific fluorinated chemicals that may be formulated or
created.
3. Will your facility produce solid waste, liquid waste, wastewater effluent, or other waste containing
fluorinated chemicals? Please be as specific as possible to describe what fluorinated chemicals may
result in the facility's wastewater, solid waste, or sludge.
4. Are there processes or operations that use equipment, material, or components that contain PFAS
chemicals (e.g., surface coating, clean room applications, solvents, lubricants, fittings, tubing,
processing tools, packaging, facility infrastructure? Could these activities result in fluorinated
chemicals being discharged as products, or by-products (i.e., through leaching, chemical process,
heat treatment, pressurization, etc.?
5. List CAS numbers of all known or believed present fluorinated compounds from the questions
above. Please provide descriptions, quantities, and whether there are any unknowns related to the
above questions.
6. Are there other facilities or operations in the U.S. or internationally that are identical to or may use
processes similar to the facility in North Carolina? If so, please provide facility identification
information and wastewater characterization including all PFAS compounds?
7. Additionally, have any PFAS analytical results been collected with any analytical test method
similar to the following EPA Test Methods. Are any of the fluorinated compounds listed in one of
the following methods and can you provide us with data resulting from these test methods?
D_EQ� North Carolina Department ofEnvironmeutalQuality I Division of Water Resources
5.2 North Salisbury street 1 1611 Mail service Center I Raleigh, North Carolina 27699-1611
o�c.m emminroonmenui 919.707.9000

• Methods 533 & 537.1 (drinking water)
• SW-846: Method 8327 (water)
• Draft Method 1633 (water, solids, tissue)
• "Total PFAS" Draft Method 1621 (wastewater) - - Formatted: Font:11 pt, Font color: Auto
•b. For questions 1, 2, 3, 4 answer these questions in regards to past practices. (Update each - - Formatted
question in regards to past practices
D_E -,A North Carolina Department ofEnvironmeutal Quality I Division of Water Resources
rth 1.2 NoSalisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
oNce OLINommenui our\ /'' 919.707.9000