Document 5DnaJN7rya6k6Qqx4nGyzB1ZJ

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION 2 Enforcement and Compliance Assurance Division Water Compliance Branch Clean Water Act (CWA) Inspection Report Program: Industrial Stormwater Inspection Type: Compliance Evaluation Inspection Site Name: Curran Renewable Energy LLC NPDES/ICIS No.: NYU065324 (Does not have a permit) Inspection Entry Date: 3/28/2024 Inspection Exit Date: 3/28/2024 Inspection Entry Time: 9:35 AM Inspection Exit Time: 11:10 AM Facility Inspected: Curran Renewable Energy LLC 20 Commerce Dr Massena, NY 13662 Lat, Long: 44.911, -74.891 NAICS / SIC Code: 2499 EPA Representative(s): Christina Palmrose-Krieger, Life Scientist, 212-637-4049, palmrosekrieger.christina@epa.gov Murray Lantner, P.E., Environmental Engineer, 212-637-3976, lantner.murray@epa.gov State/SCD Representative(s): N/A On-site Facility Representative(s): Dan Measheaw, Plant Manager, 315-842-0410, dan@curranpellets.com Name and Address of Responsible Official: Patrick Curran, CEO Curran Renewable Energy LLC 20 Commerce Dr Massena, NY 13662 315-769-2000 Name and Signature of Inspector Christina Palmrose-Krieger Agency/Office/Phone Number USEPA/ECAD-WCB/212-637-4049 CHRISTINA Digitally signed by CHRISTINA PALMROSE-KRIEGER PALMROSE-KRIEGER Date: 2024.04.23 13:18:53 -04'00' Name and Signature of Management QA Reviewer Digitally signed by JUSTINE MODIGLIANI Date: 2024.05.01 18:30:13 -04'00' Justine Modigliani, Supervisor, CWA-CS Agency/Office/Phone Number USEPA/ECAD-WCB/212-637-4268 INTRODUCTION: On Marth 28th, 2024, the United States Environmental Protection Agency ("EPA") conducted an industrial stormwater Compliance Evaluation Inspection ("CEI") at Curran Renewable Energy LLC, located at 20 Commerce Dr. Massena, New York ("Site" or "Facility"). The CEI was conducted to determine the Facility's compliance with Sections 301 and 402 of the Clean Water Act and whether it was required to obtain coverage under the New York State Department of Environmental Conservation ("NYSDEC") State Pollutant Discharge Elimination System ("SPDES") Multi-Sector General Permit for Stormwater Discharges from Industrial Activity ("Permit" or "MSGP"). Based on a review of the NYSDEC SPDES database Curran Renewable Energy LLC - Industrial Site CEI 1 (https://gisservices.dec.ny.gov/gis/stormwater/), and information gathered through EPA's Enforcement and Compliance History Online (ECHO), this Facility does not have Permit coverage. Christina Palmrose-Krieger, EPA Region 2, led the inspection and both EPA inspectors presented their credentials to the Facility representative, Mr. Dan Measheaw and conducted an opening conference upon arrival. Weather conditions at the time of the inspection were overcast and approximately 40oF. This report is based on information supplied by Facility representatives, direct observations made by the EPA inspectors, records and reports maintained by the permittee and other information including: photographs taken by EPA inspectors, physical evidence collected by the EPA inspectors, measurements taken by EPA inspectors, verbal or written statements made by information supplied by the Facility representatives during or subsequent to the on-site inspection, and materials, processes, data, photographs, or documents shown, demonstrated, or submitted to the EPA inspectors by the Facility representatives during or subsequent to the on-site Inspection. In addition, information gathered prior to or after the inspection from a review of EPA, State, and/or public records may be included in this report. FINDINGS AND OBSERVATIONS: Site Description Curran Renewable Energy LLC is a wood pellet, chips, and mulch manufacturer. The Facility takes wood chips transported and produced from the Facility's sister company Seaway Timber Harvesting Inc., and then produces and packages Curran wood products on site. Dan Measheaw is the Facility's Plant Manager and accompanied EPA representatives during the Site Inspection. At the time of the CEI, Mr. Measheaw stated that he had no knowledge of if Curran Renewable Energy LLC had applied for a stormwater permit. During the CEI, Mr. Measheaw stated that the Facility was operating four (4) days per week. According to Facility Representatives, Patrick Curran is a Responsible Official for the Site. At the time of the CEI, the Site included four (4) warehouse buildings. One (1) of these buildings is located at the South end of the site and is an out of commission processing building used as storage. Stockpiles of unused woodchips and Facility waste ash are deposited in an area South of this building. Another warehouse at the North end of the Facility is being used as storage. EPA representatives did not enter these two buildings on the far North and South ends of the Site. The two (2) buildings in the central area of the Site are currently in active use. The building to the North of the main entrance off of Commerce Drive is the Facility's automated packaging warehouse and indoor product storage. EPA observed stockpiles of raw wood chips stored in the central and Southern lots on the Site. The North parking lot is used to store finished products ready for transport. The main pellet processing and production building and office is located to the South of the main entrance. Site Drainage Systems and Discharges At the time of the CEI, water was observed in channels/drainages along the West and Southwest edge of the Site (Attachment 1; DSCN2667, DSCN2686, DSCN2690, DSCN2697 and DSCN2699). Mr. Measheaw stated that during wet weather water would flow from a catch basin in the parking lot outside of the packaging warehouse to an outlet on the West edge of the Site (Attachment 1; DSCN2661, DSCN2662, DSCN2668, DSCN2669, DSCN2671 and DSCN2672). EPA representatives numbered catch basins in the order that they were observed during the inspection. Along the west edge of the site, EPA representatives observed a railroad catch basin as well as an outlet pipe leading to areas thought to be railroad property (Attachment 1; Curran Renewable Energy LLC - Industrial Site CEI 2 DSCN2673, DSCN2691, and DSCN2693). A retention pond and a gravel drive built over the stormwater channel was also observed by EPA representatives (Attachment 1, DSCN2674, DSCN2675 and DSCN2676). In addition to the collection of water on the west side of the Site, EPA observed water collected and flows from the central stockpile area and South stockpile lot (Attachment 1; DSCN2665, DSCN2667, DSCN2703, DSCN2707, DSCN2708, DSCN2709, DSCN2710, DSCN2716, DSCN2717, and DSCN2719). Mr. Measheaw stated that waste ash (from burning wood in boilers) created during pellet manufacturing was collected into two (2) metal collection bins (Attachment 1; DSCN2724). These bins are then emptied outside at the most southern waste stockpile lot. At the time of the CEI, EPA representatives also observed runoff and condensate flows from industrial equipment at the Site (Attachment 1; DSCN2666, DSCN2748, DSCN2749, DSCN2750 and DSCN2751). EPA observed a catch basin near the south side of the pellet manufacturing building filled with woodchip and pellet debris. EPA observed that this catch basin emptied to the south side of the Site (Attachment 1; DSCN2753, DSCN2754, DSCN2752, DSCN2755, DSCN2756, DSCN2757 and DSCN2758). Records The Facility does not have coverage under the MSGP or any other SPDES Permit, and therefore no SPDES Permit records were available. CLOSING: At the conclusion of the CEI, EPA held a closing conference with Mr. Dan Measheaw and discussed the potential of the Facility needing Permit coverage. POTENTIAL NONCOMPLIANCE ITEMS: 1. Sections 301 and 402(p) of the Clean Water Act ("CWA") and 40 CFR Part 122.26(b)(14)(i)-(xi) identify categories of industrial facilities that are engaging in industrial activity that is regulated under the stormwater program. 40 CFR 122.26(b)(14) defines stormwater discharges associated with industrial activity. Discharge from any conveyance that is used for collecting and conveying stormwater, and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant must be conducted in accordance with a National Pollutant Discharge Elimination ("NPDES") Permit. In New York State, the NYSDEC SPDES Multi-Sector General Permit for Stormwater Discharges from Industrial Activity is the proper permit to obtain for stormwater discharges associated with industrial activity. Based upon review of the NYSDEC's stormwater database, and the information gathered from the Facility manager, the Facility does not have Permit coverage. The Facility has a Standard Industrial Category ("SIC") Code of 2499 (Wood Products, Not Elsewhere Classified) and would therefore be regulated under Sector A of the MSGP - Timber Products. Facilities regulated under Sector A of the MSGP are required to obtain Permit coverage pursuant to Sections 301 and 402 of the CWA and 40 CFR 122(b)(14) for any stormwater discharges associated with industrial activities. As shown in the imagery below based on EPA's Geographic Information System, the Site is located approximately 500 to 1,000 feet (0.1 to 0.2 miles) away from a stream to the south of the Site. This stream is a tributary to the Raquette River. The Raquette River, which is a tributary of the St Lawrence River, is also approximately 2,100 feet (0.4 miles) to the west of the Facility. As shown in photos DSCN2662, DSCN2668, DSCN2669, DSCN2671, DSCN2672, DSCN2673, DSCN2690, DSCN269, DSCN2697, DSCN2699, DSCN2701, DSCN2703, DSCN2729, DSCN2757, and DSCN2758 (Attachment 1) there are several points on the Site that drain to storm channels to the west and south of the site. And there are Curran Renewable Energy LLC - Industrial Site CEI 3 gaps in the concrete block wall in certain locations and piping that allow stormwater associated with industrial activities to reach stormwater channels (Attachment 1; DSCN2703, DSCN2707, DSCN2708, DSCN2709, and DSCN2716). NYSDEC's MSGP Tool box https://dec.ny.gov/environmental-protection/water/waterquality/stormwater/msgp-toolbox contains information on the MSGP and the NYSDEC Industrial Stormwater Program. AREAS OF CONCERN: 1. Part III of the Permit requires the owner or operator to select, design, install, implement, and maintain a Stormwater Pollution Prevention Plan ("SWPPP") in order to minimize the discharge of pollutants and prevent a violation of the water quality standards. Part III.A.7.i states that The SWPPP must describe BMPs selected to stabilize exposed areas and contain runoff using structural and/or non-structural control measures to minimize onsite erosion and sedimentation, and the resulting discharge of pollutants. At the time of the CEI, the EPA inspector observed lack of structural or stabilization methods to prevent or minimize contact with pollutants and/or erosion methods for controlling sediment and pollutants along material and pellet ash waste stockpiles. EPA observed stormwater freely collecting and flowing downhill from stockpiles (Attachment 1; DSCN2735, DSCN273, DSCN2739, DSCN2741, DSCN2744, DSCN2745, DSCN2746 and DSCN2747). Part II.A.2 of the Permit states that the owner or operator must design, install, implement, and maintain effective Best Management Practices ("BMPs") to minimize the discharge of pollutants and prevent a violation of the water quality standards. At a minimum, such measures must be designed, installed, implemented, and maintained to minimize the exposure of construction wastes, trash and other materials present on the site to precipitation and stormwater. Curran Renewable Energy LLC - Industrial Site CEI 4 a. At the time of the CEI, EPA observed an uncovered dumpster and materials, scrap and waste exposed to stormwater (Attachment 1; DSCN2664, DSCN2680 and DSCN2686). b. EPA observed lack of effective structural or stabilization methods to prevent or minimize stormwater contact and runoff at the centrally located and southern stockpiles (Attachment 1; DSCN2665, DSCN2667, DSCN2703, DSCN2707, DSCN2708, DSCN2709, DSCN2710, DSCN2716, DSCN2717, DSCN2719, DSCN2731, DSCN2732, DSCN2734, DSCN2735, DSCN2736, DSCN2739, DSCN2741, DSCN2744, DSCN2745, DSCN2746, DSCN2748, DSCN2749, DSCN2750, and DSCN2751). c. Runoff of condensate from the Facility equipment towards a stormwater channel (Attachment 1; DSCN2751, DSCN2749, DSCN2750, and DSCN2748). Part I.B.2 of the MSGP does not authorize nonstormwater discharges of condensate of gas streams (except for uncontaminated steam or air conditioning condensate) as cited in 6 NYCRR 750-1.2(a)(29)(vi). 2. Part II.A.3 of the Permit states that the owner or operator must minimize pollutant discharges and achieve the effluent limitations in this permit, all industrial equipment and systems and control measures must be maintained in effective operating condition. EPA observed catch basins in need of maintenance. For example, photo 2754 shows a storm inlet with a large amount of wood chips and mulch within it, and photo 2662 shows a storm inlet partially blocked with vegetation (Attachment 1; DSCN2662, DSCN2671, DSCN2753, DSCN2754, DSCN2756). 3. As shown in photo DSCN2722, the Facility has a 2,000-gallon tank for off road diesel fuel, which is used for fueling equipment. The facility representative said that they have a Spill Prevention Control and Countermeasures ("SPCC") Plan required by 40 CFR 112. EPA requests to be provided a copy of the SPCC plan. ATTACHMENTS: Attachment 1 - Photographs taken on March 28th, 2024 Attachment 1.b. Lantner Photographs taken on March 28, 2024 Attachment 2 - Curran Renewable Energy LLC National Hydrography Map Curran Renewable Energy LLC - Industrial Site CEI 5 ATTACHMENT 1 Photo Log Compliance Evaluation Inspection (CEI) Photos Taken By Christina Palmrose-Krieger Curran Renewable Energy LLC Massena, NY 3/28/24 DSCN2661 - Stormwater channel that enters a pipe and flows downslope W towards storm drainage along rail line DSCN2662 - Stormwater Catch Basin #1 near the S corner of the packaging warehouse building that leads to W edge of Site DSCN2664 - Uncovered dumpster on the S side of the packaging warehouse DSCN2665 - Raw woodchip materials located between the packaging and processing buildings DSCN2666 - Mulch loading area located on the SW corner of the packaging warehouse DSCN2667 - View of the W edge of Site from woodchip storage area DSCN2668 - Stormwater channel with water in it along CSX rail line on western side of Site DSCN2669 - Stormwater channel with water in it along CSX rail line on western side of Site DSCN2671 - Stormwater outfall on the W edge of Site; Stormwater from Catch Basin #1 located near the S corner of the packaging warehouse. The outfall is not visible (and needs to be cleaned) DSCN2672 - SW view of stormwater runoff from W edge of Site along CSX Rail Line DSCN2673 - Catch Basin #2 located on what appears to be railroad property on W edge of Site, stormwater piping seen in the storm sewer DSCN2674 - Retention pond on W side of the Site said to be part of the Facility's stormwater system. It is adjacent to the CSX rail line DSCN2675 - Gravel drive over stormwater runoff area connecting railroad area to loading parking lot on W side of Site DSCN2676 - Gravel drive over stormwater runoff area connecting railroad area to loading parking lot on W side of Site DSCN2680 - Materials, scrap, and waste storage on W side of Site near retention pond DSCN2686 - Stormwater drainage on the W side of materials and waste storage DSCN2690 - Stormwater drainage of furtherest W corner of Site DSCN2691 - Outlet pipe of W corner and continues under gravel road to railroad property DSCN2693 - Outlet pipe of W corner and continues under gravel road to railroad property DSCN2697 - Stormwater runoff on SW side of Site DSCN2699 - Stormwater runoff on SW side of Site DSCN2701 - Stormwater runoff on SW side of Site DSCN2703 - Stormwater flow path and erosion on S lot of Site DSCN2707 - Stormwater runoff on S lot of Site. There are small gaps in the block wall where stormwater could flow out of. DSCN2708 - Stormwater runoff on S lot of Site DSCN2709 - Stormwater runoff on S lot of Site DSCN2710 - Stormwater runoff on S lot of Site DSCN2716 - Stormwater runoff on S lot of Site DSCN2717 - Stormwater runoff on S lot of Site DSCN2719 - Stormwater runoff on S lot of Site DSCN2722 - Diesel Tank located near woodchip unloading and loading in central area of Site DSCN2724 - Two containers that collect waste ash during pellet manufacturing with loose material seen on the ground near them DSCN2728 - Stormwater drainage along Trade Drive DSCN2729 - Stormwater drainage along Trade Drive - some dirt seen on roadway DSCN2731 - Pellet ash (from boilers) stockpile area on SE corner of Site and other material stockpiles DSCN2732 - Pellet ash stockpile area and other stockpiles on SE corner of Site DSCN2734 - Pellet ash pile with stormwater runoff DSCN2735 - Mixture of woodchips and pellet ash DSCN2736 - Pellet ash and stormwater runoff on S end of Site DSCN2739 - Pellet ash and stormwater runoff on S end of Site DSCN2741 - Stormwater drainage near pellet ash collection area DSCN2744 - Stormwater drainage near pellet ash collection area DSCN2745 - Stormwater drainage downhill of pellet ash stockpile area DSCN2746 - Stormwater channel with water near forested area on S end of Site DSCN2747 - Stormwater drainage near pellet ash collection area; stormwater near forested area on S end of Site DSCN2748 - Condensate from manufacturing process DSCN2749 - Condensate runoff from manufacturing process DSCN2750 - Condensate runoff from manufacturing equipment DSCN2751 - Runoff from manufacturing equipment DSCN2752 - Stormwater drainage on S side of pellet manufacturing building DSCN2753 - Catch basin #3 on S corner pellet manufacturing building DSCN2754 - Catch basin #3 on S corner pellet manufacturing building - material seen in the catch basin DSCN2755 - Channel with water from outlet near Catch Basin #3 DSCN2756 - Stormwater outfall into channel near Catch Basin #3 DSCN2757 - Drainage with water that gets flow from Catch Basin #3 DSCN2758 - Drainage with water flowing towards S side of Site Att. 1b, Photos, Curran Renewable Energy Massena, NY March 28, 2024 Taken by Murray Lantner, P.E. Environmental Engineer EPA Region 2, ECAD Curran - North Side Photo Locations from GPS Nikon Coolpix P510 Camera using Google Earth Pro Curran - South Side Photo Locations from GPS Nikon Coolpix P510 Camera using Google Earth Pro DSCN3986 - Offices for Curran Renewable Energy DSCN3987 - Storm inlet near southeast corner of packaging warehouse, that flows via pipe to the western edge of the Site DSCN3988 - Pellet Silo - filled via vacuum system DSCN3989 - Scrap metal dumpster - uncovered DSCN3990 - Scrap metal dumpster - uncovered DSCN3991 - Puddles of water in and around material from mulch loading area/packaging warehouse and exposed mulch material DSCN3992 - Exposed woodchip storage piles DSCN3993 - Exposed woodchip storage piles DSCN3994 - Stormwater outfall on the West of Site near CSX tracks; Stormwater from catch basin located near the South corner of the packaging warehouse. The outfall Is not visible (and needs to be cleaned). Channel for stormwater flow also seen DSCN3995 Stormwater outfall on the West of Site near CSX tracks; Stormwater from catch basin located near the South corner of the packaging warehouse. The outfall is not visible (and needs to be cleaned). Channel for stormwater flow also seen DSCN3996 - Storm channel along western portion of the Site adjacent to the CSX rail line and a break in block wall that would allow stormwater flow off the site. DSCN3997 - Exposed woodchip piles seen in the western portion of Site and the storm drainage channel seen in the foreground along the CSX rail. There is a gap in the concrete block wall on the right that allows stormwater to flow swales near CSX tracks. DSCN3998 - Storm channel along the western edge of Site DSCN3999 - Catch basin located on railroad property along Western edge of Site, stormwater piping seen in the storm sewer DSCN4000 - Stormwater pond (said to be a retention pond) on western edge of Site, adjacent to the CSX rail line DSCN4001 - Western portion of Site, with slope down to stormwater channel/retention pond along railway DSCN4002 - Stormwater channel, with water in it that is said to flow under the gravel roadway DSCN4003 - Mulch storage, outdoors, some bags open on western portion of Site DSCN4004 - Mulch storage on paved area adjacent to rail spur on western portion of the Site DSCN4005 - CSX rail line and channel seen in foreground (with Phragmites growing in it) DSCN4006 - Swale along railway (west of northern portion of Curran Site) DSCN4007 Swale along railway (west of northern portion of Curran Site) DSCN4008 - Pipe and channel with water adjacent to northwestern portion Curran Site next to CSX rail line DSCN4009 swale along railway (west of northern portion of Curran Site) DSCN4010 - Stormwater pond (said to be a retention pond) on western portion of the property DSCN4011 - Stormwater pond (said to be a retention pond) on western portion of the property DSCN4012 - CSX tracks on the west side of the Curran property, stormwater inlet seen in left side of the photo near tank car DSCN4013 - Stormwater catch basin along railroad tracks on western portion of the Site DSCN4014 - Area along western portion of the Site where stormwater can flow into channel between the Site and the CSX rail DSCN4015 - Stormwater culvert/channel western portion of Site at or around CSX rail ine DSCN4016 - drainage with water in it between railway and southwest portion of the Curran Site DSCN4017 - - drainage with water in it between railway and southwest portion of the Curran Site DSCN4018 - Wet area/drainage in the foreground and material storage piles and stack in background - southern portion of Curran Site DSCN4019 - Wet area/drainage in the foreground and material storage piles and stack in background - southern portion of Curran Site DSCN4020 - Drainage pathway for stormwater to flow from woodchip piles through the block walls on the southeast portion of the Site, area is wet DSCN4021 - Wooded area downslope from southwest portion of the Site DSCN4022 - Vegetated area/potential drainage on the southwest portion of the Site DSCN4023 - Vegetated area/potential drainage on the southwest portion of the Site DSCN4024 - Outside of block walls south of the Curran Site DSCN4025 - Outside of block walls south of the Curran Site DSCN4026 - Gaps in the block wall around the facility southwest corner of Site DSCN4027 - Remnants of silt fencing seen on the slope down from Facility (SW side) DSCN4028 DSCN4029 DSCN4030 - Block walls southwest portion of the Site - wet area with phragmites downgradient from the wall DSCN4031 - Block walls southwest portion of the Site - wet area with phragmites downgradient from the wall DSCN4032 - Exposed woodchips in the southwest portion of the Site. DSCN4033 - Exposed woodchips in the southwest portion of the Site with drainage downslope from it. DSCN4034 - Exposed woodchips in the southwest portion of the Site with drainage downslope from it DSCN4035 - Gap in block wall. Southwest portion of the Site DSCN4036 - Gap in block wall on the southwest portion of the Site - woodchip accumulation DSCN4037 - Gap in block wall on the southwest portion of the Site - with woodchip accumulation DSCN4038 - Exposed woodchip piles west/southwest side of Site DSCN4039 - 2,000 gallon off road diesel tank covered and in secondary containment DSCN4040 - Trucks unloading woodchips DSCN4042 - Trucks unloading woodchips DSCN4043 - Waste ash dumpsters DSCN4044 - Building owned by Curran but said not to be in use. Stack from pellet manufacturing seen on right side DSCN4045 DSCN4046 - Boiler ash storage pile (uncovered), no BMPs in place DSCN4047 - Boiler ash storage pile (uncovered), no BMPs in place DSCN4048 - Boiler ash storage pile (uncovered), no BMPs in place DSCN4049 - Flow path from boiler ash piles DSCN4050 - Flow path from boiler ash piles, material storage pile DSCN4051 - Flow path from boiler ash piles DSCN4052 - Wet area/drainage in vicinity of boiler ash piles DSCN4053 - Wet area/drainage in vicinity of boiler ash piles DSCN4054 DSCN4055 - Drainage between rail line and southern portion of Facility DSCN4056 - Drainage between rail line and southern portion of Facility DSCN4057 - Drainage between rail line and southern portion of Facility DSCN4058 - Flow path extending south into wooded area DSCN4059 - Wet area/flow path near southern part of the Facility DSCN4060 - Dust collector/baghouse off of hammer mill DSCN4061 - Dry weather/condensate flow into channel. Material Storage piles - exposed DSCN4062 - Flow in channel near dust collection DSCN4063 - Swale with flow south of main building DSCN4064 - Catch basin with woodchip material in it DSCN4065 - Pellet plant DSCN4067 - Preventative Maintenance Forms DSCN4068 - Preventative Maintenance Forms DSCN4069 - Preventative Maintenance Forms DSCN4070 - Preventative Maintenance Forms DSCN4071 - Preventative Maintenance Forms DSCN4072 - Preventative Maintenance Forms curran pellets altamira_photopts ATTACHMENT 2 nhd - Flowline - Large Scale Perennial Intermittent Ephemeral Artificial Path Canal Ditch Coastline Connector Pipeline Underground Conduit USA Wetlands USA Wetlands Marine Estuarine Palustrine Riverine Lacustrine Streams around Carsada Dairy, Waters of the U.S 600ft New York State, SDG Counties, Maxar | USGS TNM - National Hydrography Dataset. Data Refreshed January, 2024. | Source: US Fish and Wildlife Service, Esri | U.S. Geological Survey