NC0090212_Other_20231113 (5)

STATE OF NEVADA
Department of Conservation and Natural Resources
Division of Environmental Protection
Bureau of Mining Regulation and Reclamation
Water Pollution Control Permit
Permittee: Albemarle U.S., Inc.
Silver Peak Lithium Project
P.O. Box 98
Silver Peak, NV 89047
Permit Number: NEV0070005
Review Type/YearlRevisiow Renewal 2017, Revision 03
Pursuant to Nevada Revised Statutes (NRS) 445A.300 through 445A.730, inclusive, and
regulations promulgated thereunder by the State Environmental Commission and
implemented by the Division of Environmental Protection (the Division), this Permit
authorizes the Permittee to construct, operate, and close the Silver Peak Lithium Project,
in accordance with the limitations, requirements, and other conditions set forth in this
Permit. The Permittee is authorized to process up to 7,500 tons of ore per year using
chemicals.
The facility is located in Esmeralda County within portions of Sections 26 through 28,
Township 1 South (TIS), Range 40 East (R40E); Sections 1, 12, 13, and 21 through 25,
T2S, R39E; and Sections 1 through 11, 15 through 20, and 29 through 32, T2S, R40E,
Mount Diablo Baseline and Meridian, approximately 40 miles southwest of Tonopah,
near the town of Silver Peak.
The Permittee must comply with all terms and conditions of this Permit and all applicable
statutes and regulations.
This Permit is based on the assumption that the information submitted in the application
of 20 January 1990, as modified by subsequent approved amendments, is accurate and
that the facility has been constructed and is being operated as specified in the application.
The Permittee must inform the Division of any deviation from, or changes in, the
information in the application, which may affect the ability of the Permittee to comply
with applicable regulations or Permit conditions.
This Permit is effective as of 15 November 2018, and shall remain in effect until 23
March 2022, unless modified, suspended, or revoked.
Signed this ) day of November 2018.
J Sawyer, P.E.
Chi , Bureau of lning Regulation and Reclamation

Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 2 of 12
I. Specific Facility Conditions and Limitations
A. In accordance with operating plans and facility design plans reviewed and
approved by the Division the Permittee shall:
1. Construct, operate, and close the facility in accordance with those plans;
2. Contain within the fluid management system all process fluids including all
meteoric waters which enter the system as a result of the 25-year, 24-hour
storm event; and
3. Not release or discharge any process or non -process contaminants from the
fluid management system.
B. Schedule of Compliance: None Required
C. The fluid management system covered by this Permit consists of the following
process components:
1. Process plants including, but not limited to, all tanks (e.g. tank farm and acid
tanks), basins, sumps, pumps, and piping necessary to connect components of
the process facility;
2. Evaporation ponds, liming facility, and the R-2 pond; and
3. Transfer pipes, ditches, valves, and pumps used in conveyance, control or
detection of process fluids between process components.
D. Monitoring Requirements:
Identification
Parameter
Frequency
1. Water Supply
Fresh Water Well (WS)
Profile I(I) and static water
Quarterly
elevation, feet amsl
2. Monitoring Well
Adjacent to the R-2 Pond (R-
Profile I(I) and static water
Quarterly
2W)
elevation level, feet amsl
3. Ponds
R-2 Pond (R-2)
Minimum freeboard, feet
Quarterly
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Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 3 of 12
Identification
Parameter
Frequency
4. Process Solution
Plant Influent (PI)
Profile I(I)
Annually
Lithium Hydroxide Plant
Waste Stream (HPWS)
Lithium Carbonate Plant
Waste Stream (CPWS)
5. Brine Well(2) (BW)
Profile I(1); and
Annually
Static water elevation, feet
amsl
6. Petroleum Contaminated Soil
(PCS) Screening Analyses:
VOCs(3), SVOCs(4), TPH(5)
Prior to
Each temporary holding pad
cell, by PCS source type
removal(6)
7. PCS Hazardous Waste
Determinations:
Each PCS source
Hazardous waste
When
determination(7)
required(7)
8. PCS Management:
Each temporary holding pad,
PCS volume added,
Quarterly
treatment cell, and disposal
volume removed and
location, by PCS source type
destination, total volume
present (cubic yards)
The Permittee may request a reduction in the monitoring frequency after four
quarters of complete monitoring based on justification other than cost. Such
reductions may be considered formal modifications to the Permit and require
payment of modification fees.
Abbreviations and Definitions:
amsl = above mean sea level; pH = the negative of the base 10 logarithm of the
activity of the hydrogen ion; S.U. = standard units for pH measurements; VOCs =
volatile organic compounds; SVOCs = semi -volatile organic compounds; TPH
total petroleum hydrocarbons; PCS = Petroleum Contaminated Soil; EPA = U.S.
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Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 4 of 12
Environmental Protection Agency; NDEP = Nevada Division of Environmental
Protection;
Footnotes:
(1) Profile I:
Alkalinity (as Caco,)
Bicarbonate
Total
Cadmium
Magnesium
Silver
Calcium
Manganese
Sodium
Chloride
Mercury
Sulfate
Aluminum
Chromium
Nitrate+Nitrite (Total as N)
Thallium
Antimony
Copper
Nitrogen (Total as N)
Total Dissolved Solids
Arsenic
Fluoride
pH (f o.I s.u.)(a)
Zinc
Barium
Iron
Potassium
--
Beryllium
Lead
Selenium
--
(2) A different production (brine) well shall be sampled each year.
(3) Volatile Organic Compounds (VOCs) analyzed by a Nevada -certified
laboratory using EPA Method 8260B.
(4) Semi -Volatile Organic Compounds (SVOCs) analyzed by a Nevada -certified
laboratory using EPA Method 8270D.
(5) Total Petroleum Hydrocarbons (TPH) analyzed by a Nevada -certified
laboratory using EPA Method 8015 Modified. If any gasoline -range
petroleum is suspected, or if the source -type is unknown, both TPH-P
(purgeable) and TPH-E (extractable) are required. Otherwise, only TPH-E is
required.
(6) Each segregated source type of PCS must be sampled separately pursuant to
the approved sample collection protocol. For temporary holding pads and
treatment cells, analyses are required only in quarters when PCS removal from
the pad is anticipated. Removal to an on -site disposal location is authorized if
PCS meets screening levels. For approved on -site disposal locations, analyses
are required only in quarters when PCS has been provisionally placed subject
to screening results.
(7) A hazardous waste determination is required: a) Initially, for each PCS source
prior to management under the PCS Management Plan; b) When a PCS waste
stream is suspected to have changed character since the last determination;
and c) When a hazardous constituent is detected during screening analyses at a
concentration suggestive of hazardous waste. Determinations must be
performed pursuant to 40 Code of Federal Regulations (CFR) 262.11 using
operator knowledge and/or applicable analytical testing methods described in
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Albemarle U.S., Inc
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 5 of 12
EPA publication SW-846. Operator knowledge must be adequately described
and sufficient to justify the determination.
(8) All sample analyses resulting in a pH value less than or equal to 5.0 SU shall
also be analyzed for acidity (mg/L, as CaCO3 equivalent).
E. Quarterly and annual monitoring reports shall be in accordance with Part H.B.
F. All sampling and analytical accuracy shall be in accordance with Part II.E.
G. Permit Limitations
1. A minimum of 2 feet of freeboard shall be maintained in the R-2 Pond at all
times. All other ponds must maintain a freeboard of 1 foot.
2. PCS that exceeds screening levels shall not be placed at an on -site disposal
location.
3. Failure to meet a Schedule of Compliance date or requirement.
Exceedances of these limitations may be Permit violations and shall be reported
as specified in Part II.BA.
H. The facility shall maintain an automated or manual calibrated rain gauge, which
shall be monitored at least daily, to record daily precipitation (inches of water,
including snow water equivalent). A written and/or electronic record of daily
accumulations of precipitation shall be maintained on site and shall be submitted
to the Division upon request, with each Permit renewal application, and pursuant
to Parts II.B.1 and II.B.2, as applicable, in a Division -approved electronic format.
I. The Permittee shall inspect all control devices, systems, and facilities weekly, and
during (when possible) and after major storm events. These inspections are
performed to detect evidence of:
1. Deterioration, malfunction, or improper operation of control or monitoring
systems;
2. Sudden changes in the data from any monitoring device; and
3. Severe erosion or other signs of deterioration in dikes, diversions, closure
covers, or other containment devices.
J. Prior to initiating permanent closure activities at the facility, or at any process
component or other source within the facility, the Permittee must have an
approved final plan for permanent closure.
K. The Permittee shall remit an annual review and services fee in accordance with
NAC 445A.232 starting July 1 after the effective date of this Permit and every
year thereafter until the Permit is terminated or the facility has received final
closure certification from the Division.
L. The Permittee shall not dispose of or treat PCS on the mine site except as
authorized by the approved PCS Management Plan. The approved PCS
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Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 6 of 12
Management Plan, and the Division's Guidance for Mine -Site PCS Management
Plans are hereby incorporated into this Permit by reference.
M. When performing dust suppression activities, the Permittee shall use best
management practices and appropriate selection of water source and additives to
prevent degradation of waters of the State. If a dust suppressant exceeds a water
quality standard and the corresponding natural background water concentration in
the area where dust suppression will occur, the Permittee shall demonstrate no
potential to degrade waters of the State.
N. Continuing Investigations: None Required
II. General Facility Conditions and Limitations
A. General Requirements
The Permittee shall achieve compliance with the conditions, limitations, and
requirements of the Permit upon commencement of each relevant activity. The
Administrator may, upon the request of the Permittee and after public notice
(if required), revise or modify a Schedule of Compliance in an issued Permit if
he or she determines good and valid cause (such as an act of God, a labor
strike, materials shortage or other event over which Permittee has little or no
control) exists for such revision.
2. The Permittee shall at all times maintain in good working order and operate as
efficiently as possible, all devices, facilities, and systems installed or used by
the Permittee to achieve compliance with the terms and conditions of this
Permit.
3. Whenever the Permittee becomes aware that he or she failed to submit any
relevant facts in the Permit application, or submitted incorrect information in a
Permit application or in any report to the Administrator, the Permittee shall
promptly submit such facts or correct information. Any inaccuracies found in
this information may be grounds for revocation or modification of this Permit
and appropriate enforcement action.
B. Reporting Requirements
1. The Permittee shall submit quarterly reports, in both hard copy and a
Division -approved electronic format, which are due to the Division on or
before the 28th day of the month following the quarter and must contain the
following:
a. Monitoring results from those locations identified in Parts I.D.1, I.D.2, and
I.D.3;
b. Analytical results of the solution collected from monitoring locations
identified in Parts I.D.1 and I.D.2 reported on Nevada Division of
Environmental Protection (NDEP) Form 0190 or equivalent;
c. A record of releases, and the remedial actions taken in accordance with the
approved Emergency Response Plan on NDEP Form 0490 or equivalent;
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Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 7 of 12
d. Analytical results, copies of hazardous waste determinations, and
monitoring results, identified in Parts I.D.6, I.D.7, and I.D.8, pertaining to
the approved PCS Management Plan; and
e. An updated list of all PCS sources managed under the approved PCS
Management Plan, with any new or changed sources highlighted, reported
on NDEP Form PCS-01 or equivalent; current screening levels for each
on -site disposal location; and a detailed explanation of any revisions to
screening levels.
Facilities which have not initiated mining or construction, must submit a
quarterly report identifying the status of mining or construction. Subsequent to
any noncompliance or any facility expansion which provides increased
capacity, the Division may require an accelerated monitoring frequency.
2. The Permittee shall submit an annual report, in both hard copy and a Division -
approved electronic format, by February 28th of each year, for the preceding
calendar year, which contains the following:
a. Analytical results of the solution collected from monitoring locations
identified in Parts I.D.4 and I.D.5;
b. Monitoring results from the location identified in Part I.D.5;
c. A synopsis of releases on NDEP Form 0390 or equivalent;
d. A brief summary of site operations, including the number of tons of ore
processed during the year, construction and expansion activities and major
problems with the fluid management system;
e. A table of total monthly precipitation amounts reported for the five-year
history previous to the date of submittal;
f. An updated version of the facility monitoring and sampling procedures
and protocols;
g. An updated evaluation of the closure plan using specific characterization
data for each process component with respect to achieving stabilization;
and
h. Graphs of leak detection flow rates, pH, total dissolved solids (TDS),
sulfate, chloride, nitrate + nitrite (as N), fluoride, zinc, and arsenic
concentration (as applicable), versus time for all fluid sampling points.
These graphs shall display a five-year history previous to the date of
submittal. Additional constituents may be required by the Division if
deemed necessary.
3. Release Reporting Requirements: The following applies to facilities with an
approved Emergency Response Plan. If a site does not have an approved
Emergency Response Plan, then all releases must be reported as per NAC
445A.347 or NAC 445A.3473, as appropriate.
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Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 8 of 12
a. A release of any quantity of hazardous substance, as defined at NAC
445A.3454, to surface water, or that threatens a vulnerable resource, as
defined at NAC 445A.3459, must be reported to the Division as soon as
practicable after knowledge of the release, and after the Permittee notifies
any emergency response agencies, if required, and initiates any action
required to prevent or abate any imminent danger to the environment or
the health or safety of persons. An oral report shall be made by telephone
to (888)-331-6337 for in -State callers or [phone] for out -of -State
callers, and a written report shall be provided within 10 days in
accordance with Part II.B.4.b.
b. A release of a hazardous substance in a quantity equal to or greater than
that which is required to be reported to the National Response Center
pursuant to 40 CFR Part 302 must be reported as required by NAC
445A.3473 and Part II.B.3.a.
c. A release of a non -petroleum hazardous substance not subject to Parts
II.B.3.a. or II.B.3.b., released to soil or other surfaces of land, and the
quantity is equal to or exceeds 500 gallons or 4,000 pounds, or that is
discovered in or on groundwater in any quantity, shall be reported to the
Division no later than 5:00 P.M. of the first working day after knowledge
of the release. An oral report shall be made by telephone to (888) 331-
6337 for in -State callers or [phone] for out -of -State callers, and a
written report shall be provided within 10 days in accordance with Part
II.B.4.b. Smaller releases, greater than 25 gallons or 200 pounds and less
than 500 gallons or 4,000 pounds, released to soil or other surfaces of
land, or discovered in at least 3 cubic yards of soil, shall be reported
quarterly on NDEP Form 0390 or equivalent.
d. Petroleum Products and Coolants: If a release is subject to Parts II.B.3.a.
or II.B.3.b., report as specified in Part II.B.3,a. Otherwise, if a release of
any quantity is discovered on or in groundwater, or if the quantity is equal
to or greater than 100 gallons released to soil or other surfaces of land,
report as specified in Part II.B.3.c. Smaller releases, greater than 25
gallons but less than 100 gallons, released to soil or other surfaces of land,
or if discovered in at least 3 cubic yards of soil, shall be reported quarterly
on NDEP Form 0390 or equivalent.
4. The Permittee shall report to the Administrator any noncompliance with the
Permit.
a. Each such event shall be reported orally by telephone to [phone],
not later than 5:00 P.M. of the next regular work day from the time the
Permittee has knowledge of the circumstances. This report shall include
the following:
i. Name, address, and telephone number of the owner or operator;
ii. Name, address, and telephone number of the facility;
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Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 9 of 12
iii. Date, time, and type of incident, condition, or circumstance;
iv. If reportable hazardous substances were released, identify material and
report total gallons and quantity of contaminant;
v. Human and animal mortality or injury;
vi. An assessment of actual or potential hazard to human health and the
environment outside the facility; and
vii. If applicable, the estimated quantity of material that will be disposed
and the disposal location.
b. A written summary shall be provided within 10 days of the time the
Permittee makes the oral report. The written summary shall contain:
i. A description of the incident and its cause;
ii. The periods of the incident (including exact dates and times);
iii. If reportable hazardous substances were released, the steps taken and
planned to complete, as soon as reasonably practicable, an assessment
of the extent and magnitude of the contamination pursuant to NAC
445A.2269;
iv. Whether the cause and its consequences have been corrected, and if
not, the anticipated time each is expected to continue; and
v. The steps taken or planned to reduce, eliminate, and prevent
recurrence of the event.
c. The Permittee shall 'take all available and reasonable actions, including
more frequent and enhanced monitoring to:
i. Determine the effect and extent of each incident;
ii. Minimize any potential impact to the waters of the State arising from
each incident;
iii. Minimize the effect of each incident upon domestic animals and all
wildlife; and
iv. Minimize the endangerment of the public health and safety which
arises from each incident.
d. If required by the Division, the Permittee shall submit, as soon as
reasonably practicable, a final written report summarizing any related
actions, assessments, or evaluations not included in the report required in
Part II.B.4.b., and including any other information necessary to determine
and minimize the potential for degradation of waters of the State and the
impact to human health and the environment. Submittal of the final report
does not relieve the Permittee from any additional actions, assessments, or
evaluations that may be required by the Division.
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Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 10 of 12
C. Administrative Requirements
1. A valid Permit must be maintained until permanent closure is complete.
Therefore, unless permanent closure has been completed and termination of
the Permit has been approved in writing by the Division, the Permittee shall
apply for Permit renewal not later than 120 days before the Permit expires.
2. Except as required by NAC 445A.419 for a Permit transfer, the Permittee
shall submit current Permit contact information described in paragraphs (a)
through (c) of subsection 2 of NAC 445A.394 within 30 days after any change
in previously submitted information.
3. All reports and other information requested by the Administrator shall be
signed and certified as required by NAC 445A.231.
4. All reports required by this Permit, including, but not limited to, monitoring
reports, corrective action reports, and as -built reports, as applicable, and all
applications for Permit modifications, shall be submitted in both hard copy
and a Division -approved electronic format.
5. When ordered consistent with Nevada Statutes, the Permittee shall furnish any
relevant information in order to determine whether cause exists for modifying,
revoking and reissuing, or permanently revoking this Permit, or to determine
compliance with this Permit.
6. The Permittee shall maintain a copy of, and all modifications to, the current
Permit at the Permitted facilities at all times.
7. The Permittee is required to retain during operation, closure, and post -closure
monitoring, all records of monitoring activities and analytical results,
including all original strip chart recordings for continuous monitoring
instrumentation, and all calibration and maintenance records. This period of
retention must be extended during the course of any unresolved litigation.
8. The provisions of this Permit are severable. If any provision of this Permit, or
the application of any provision of this Permit to any circumstance, is held
invalid, the application of such provision to other circumstances, and the
remainder of this Permit, shall not thereby be affected.
9. The Permittee is authorized to manage fluids and solid wastes in accordance
with the conditions of this Permit. Issuance of this Permit does not convey
property rights of any sort or any exclusive privilege; nor does it authorize any
injury to persons or property, any invasion of other private rights, or any
infringement of Federal, State or local law or regulations. Compliance with
the terms of this Permit does not Constitute a defense to any order issued or
any action brought under the Water Pollution Control Statutes for releases or
discharges from facilities or units not regulated by this Permit. NRS 445A.675
provides that any person who violates a Permit condition is subject to
administrative or judicial action provided in NRS 445A.690 through
445A.705.
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Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit NO NEV0070005 (Renewal 2017, Revision 03)
Page I I of 12
D. Division Authority
The Permittee shall allow authorized representatives of the Division, at reasonable
times, and upon the presentation of credentials to:
1. Enter the premises of the Permittee where a regulated activity is conducted or
where records are kept per the conditions of this Permit;
2. Have access to and copy any record that must be kept per the conditions of
this Permit;
3. Inspect and photograph any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated by this Permit; and
4. Sample or monitor for any substance or parameter at any location for the
purposes of assuring Permit and regulatory compliance.
E. Sampling and Analysis Requirements
1. Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity.
2. For each measurement or sample taken pursuant to the conditions of this
Permit, the Permittee shall record the following information:
a. The exact place, date, and time of the inspection, observation,
measurement, or sampling; and
b. The person(s) who inspected, observed, measured, or sampled.
3. Samples must be taken, preserved, and labeled according to Division
approved methods.
4. Standard environmental monitoring chain of custody procedures must be
followed.
5. Samples shall be analyzed by a laboratory certified by the State of Nevada.
The Permittee must identify the certified laboratory used to perform the
analyses, laboratory reference number, sample date and laboratory test date in
quarterly and annual reports.
6. The accuracy of analytical results, unless otherwise specified, shall be
expressed in mg/L and reliable to at least two significant digits. The analytical
methods used must have practical quantitation limit (PQL) equal to or less
than one-half the reference value for Profile I constituents. Laboratories shall
report the lowest reasonable PQL based on in-house method detection limit
studies. Samples for Profile I parameters shall be filtered and analyzed for the
dissolved fraction, unless otherwise required by the Division. Unless
otherwise approved by the Division, analytical results that are less than the
PQL shall be reported quantitatively by listing the PQL value preceded by the
"<" symbol.
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Albemarle U.S., Inc.
Silver Peak Lithium Project
Permit N° NEV0070005 (Renewal 2017, Revision 03)
Page 12 of 12
F. Permit Modification Requirements
Any material modification, as defined at NAC 445A.365, plan to construct a
new process component, or proposed change to Permit requirements must be
reported to the Division by submittal of an application for a Permit
modification, or if such changes are in conformance with the existing Permit,
by submittal of a written notice of the changes. The Permit modification
application must comply with NAC 445A.391 through 445A.399, 445A.410,
445A.412, 445A.414, 445A.4155, 445A.416, 445A.417, 445A.440, and
445A.442, as applicable. The construction or modification shall not
commence, nor shall a change to the Permit be effective, until written
Division approval is obtained.
2. Prior to the commencement of mining activities at any site within the State
which is owned or operated by the Permittee but not identified and
characterized in a previously submitted application or report, the Permittee
shall submit to the Division a report which identifies the locations of the
proposed mine areas and waste disposal sites, and characterizes the potential
of mined materials and areas to release pollutants. Prior to development of
these areas the Division shall determine if any of these new sources will be
classified as process components and require engineered containment as well
as Permit modification.
3. The Permittee shall notify the Division in writing at least 30 days before the
introduction of process solution into a new process component or into an
existing process component that has been materially modified, or of the intent
to commence active operation of that process component. Before introducing
process solution or commencing active operation, the Permittee shall obtain
written authorization from the Division.
4. The Permittee must obtain a written determination from the Administrator of
any planned process component construction or material modification, or any
proposed change to Permit requirements, as to whether it is considered a
Permit modification, and if so, what type.
5. The Permittee must give advance notice to the Administrator of any planned
changes or activities which are not material modifications in the Permitted
facility that may result in noncompliance with Permit requirements.
Prepared by: Michelle Griffin
Date: 14 November 2018
Permit Revision 00: 29 April 2017; Permit Renewal 2017
Permit Revision 01: 7 September 2017; Permit transfer from Rockwood Lithium, Inc. to Albemarle U.S., Inc
Permit Revision 02: 24 October 2017; Removed Profile 11 sample requirement in Parts I.D.4, and I.D 5.
Permit Revision 03: 14 November 2018; Increased authorized processing rate from 6,000 tons to 7,500 tons of lithium
carbonate per year.
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