North Carolina Department of Environmental Quality
Environmental Management Commission
Public Notice
Special Order by Consent for
Elementis Chromium, Inc.
Castle Hayne, New Hanover County
Public Comment Period: 12/29/2022 to 01/28/2023
Elementis Chromium, Inc. (Elementis) operates a sodium bichromate and chromic acid manufacturing plant located at 5408 Holly Shelter Road in Castle Hayne, New Hanover County, North Carolina. The facility currently operates under Title V Air Quality Permit No. 02937T40, which was issued on August 28, 2018, and has an expiration date of January 31, 2023.
Specific Condition 3.K of the facility’s Air Quality Permit states that, “permit expiration terminates the facility's right to operate unless a complete 15A NCAC 02Q .0500 renewal application is submitted at least six months before the date of permit expiration.” Therefore, the due date for the renewal application was July 31, 2022. Elementis did not submit a permit renewal application until August 2, 2022.
DAQ will continue to review the permit application filed on August 2, 2022 without requiring submission of a new permit application but has determined that its review of the renewal application for Air Quality Permit 02937T40 will not be completed, nor the permit issued, prior to the permit expiration date of January 31, 2023. DAQ plans to issue a Notice of Violation to Elementis when Air Quality Permit No. 02937T40 expires for operating the facility with an expired permit in violation of 15A NCAC 02Q .0101.
Elementis has agreed to a Special Order by Consent (SOC) with the North Carolina Environmental Management Commission (EMC) to allow the facility to continue to operate while DAQ is processing its air permit renewal application. Per the terms of the SOC, the company must comply with all terms and conditions of Air Quality Permit No. 02937T40.
The SOC includes an upfront penalty and stipulated penalties for failure to comply with any terms or conditions specified in Air Quality Permit No. 02937T40 or the SOC. The SOC will expire upon issuance of a renewed Air Quality permit, or on December 31, 2023, whichever comes first.
This proposed SOC may be viewed on the Division of Air Quality (DAQ) website: http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent
A copy of the proposed SOC may also be viewed at the following locations and additional information concerning the proposed SOC may be obtained by contacting:
Brad Newland, Regional Air Quality Supervisor
NC DEQ – Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Phone 910-7967215
or
Steve Hall, Technical Service Section Chief
NC DEQ-DAQ Raleigh Central Office
217 West Jones Street
1641 Mail Service Center
Raleigh, NC 27699-1641
Phone 919-707-8404
Interested persons are invited to review the proposed SOC and to submit written comments by email to daq.publiccomments@ncdenr.gov with “Elementis SOC” in the subject line or by mail to one of the above addresses. Any person requesting a public hearing regarding the proposed SOC should submit a written request with a statement supporting the need for such a hearing. The request for hearing should be sent to the DAQ at one of the two above address or at the above email address.
All public comments and requests for hearing must be received by 5 p.m. on Saturday, January 28, 2023. The Director of the DAQ shall take final action on behalf of the EMC on Consent Orders within 60 days of the initial public notice.