Updated May 13, 2024
The test reports submitted in response to DHEC’s original Order to Correct Undesirable Levels of Air Contaminants issued in May 2021 are lengthy and complex documents (see documents below). DHEC and EPA have reviewed the reports and requested clarifications and corrections where needed (see reports and response letters below). The reports required by the Orders currently in effect will be posted here once approved.
There were two Orders issued to New Indy, one by DHEC under the authority of the South Carolina Pollution Control Act and the other by the US EPA under the authority of the Clean Air Act.
The goal of both Orders was for the facility to identify H2S sources onsite that are contributing to the offsite odors and impact to the surrounding communities and to reduce emissions affecting offsite locations.
EPA required documents are posted to the EPA H2S in South and North Carolina page. Questions about the EPA requirements or documents should be directed to Jason McDonald, mcdonald.jason@epa.gov, 404-562-9203.
As a result of investigation and review of reports, documents and data, DHEC and New Indy reached agreement on specific actions that must be taken to continue to improve the wastewater treatment system, reduce air emissions and report progress. Elements of the Consent agreements and required documents will be posted to this page as milestones are met. The table below lists the elements in each order, the date they are due, the date they are submitted and a status. Once final, the documents will be posted.
| NPDES Consent Order - June 29, 2022 | ||||
| Order Requirement | Date Required | Date Submitted | Status | |
| 1 | Submit plans and application associated with Construction Permits 18449-IW, 0098-IW and any additional construction to WWTF | 8/13/22 | 8/12/22 | Under Review |
| 2 | Begin construction | 60 days from Permit to Construct issuance | TBD | |
| 3 | Complete construction and request approval to Place into Operation | No more than 3 years from issuance of Permit to Construct | TBD | |
| 4 | Submit PER | 10/27/2022 | 10/26/2022 | Reviewed and commented |
| 5 | Address comments and resubmit revised PER | 12/25/2022 | *Noncompliant | |
| Certify sludge, islands, and turbidity curtains removed and ASB No Less Than 6’ deep | 12/31/2026 | |||
| Certify Legacy sludge removed from EQ Basin | 6/30/2023 | 6/22/2023 | Met Requirement | |
| 6 | Certify Revisions and update to O&M Manual | 8/1/2022 | 7/29/2022 | Met Requirement |
| 7 | Certify Revisions and update to BMP Manual | 8/1/2022 | 7/29/2022 | Met Requirement |
| 8 | Certify Revisions and update to Odor Abatement Plan | 8/1/2022 | 7/29/2022 | Met Requirement |
| Inspection and Report to meet requirement 6, 7, and 8 | Monthly inspection and Report | Monthly | Meeting Requirements | |
| 9 | Order termination conditions | |||
| 10 | Pay assessed Penalty | 7/29/22 | 7/14/22 | Met Requirement |
| Consent Order to Correct Undesirable Levels of Air Contaminants - November 23, 2022 | ||||
|---|---|---|---|---|
| Order Requirement | Date Required | Date Submitted | Status | |
| 1 | Continue operation of three existing fence line H2S monitors. | Operational | ||
| 2 | Add two additional onsite monitors | Operating | ||
| 3 | Provide Plan for onsite TRS sampling and analysis | 1/22/23 | 1/23/2023 | Sampling Completed |
| 4 | Install New Primary Stripper | |||
| Submit construction permit application | 3/23/23 | 3/23/23 | Draft available for public review | |
| Order primary stripper | Application submission +30d | 4/19/2023 | Met Requirement | |
| Start civil engineering preparation | Air construction permit +30d | |||
| Start Installation and testing | Receive stripper +30d | |||
| Stripper in Operation | NLT 6/30/2025 | |||
| 5 | Existing stripper configured and maintained to operate independent of primary | |||
| 6 | Provide notification of stripper downtime. | New Practice | ||
| 7 | Maintain foul condensate ORP >0V if foul condensate routed to ASB | New Practice | ||
| 8 | Maintain treatment and monitor condensate when directed to ASB | New Practice | ||
| 9 | Operate WWT system consistent with WW Consent order | Ongoing | ||
| 10 | Maintain process to receive and respond to reports and notify downwind areas in an emergency and notify community of activities | Ongoing | ||
| 11 | Monthly reports regarding Odor implementation | 1st business day of the month | Requirement met | Ongoing |
Air Dispersion Modeling
Permit Applications
New Indy Corrective Action Plan
- New Indy Corrective Action Plan - Submitted June 15, 2021
- DHEC Response to New Indy Corrective Action Plan - Submitted June 15, 2021
- New Indy Corrective Action Plan - Revision 1 - Submitted June 25, 2021
- DHEC Response to New Indy Corrective Action Plan - Submitted June 25, 2021
- New Indy Corrective Action Plan - Revision 2 - Submitted July 12, 2021
- DHEC Response to New Indy Corrective Action Plan - Submitted July 12, 2021
Impoundments
- Pond 4 Inspection (8/30/2017)
- S & ME report Summary (2019)
- DHEC Inventory Addition for DAMS 7, 8, and 9 at the New Indy Facility - January 12, 2022
Reports
- June 2021 Stack Test Results
- New Indy's request to conduct the SO2 stack test again in September and the test plan
- DHEC's waiver of the 15-day notification for September SO2 stack test
- DHEC's approval of the test plan for September SO2 stack test
- DHEC and EPA's questions and comments regarding the June stack tests and condensate collection and treatment tests
- Subpart S Condensate Collection and Treatment Initial Performance Test
Plans
- Initial Performance Test Plan - Condensate Collection & Treatment
- Initial Performance Test Plan - Condensate Collection & Treatment - Revised June 2021
- Public Notification Plan - May 17, 2021
- Emission Test Plan - June 18, 2021
Weekly Report
- Final Weekly Report - January 6, 2023