Updated July 22, 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 RequirementDate RequiredDate SubmittedStatus
1 Submit plans and application associated with Construction Permits 18449-IW, 0098-IW and any additional construction to WWTF8/13/228/12/22Under Review
2Begin construction 60 days from Permit to Construct issuanceTBD 
3Complete construction and request approval to Place into OperationNo more than 3 years from issuance of Permit to ConstructTBD 
4Submit PER10/27/202210/26/2022Reviewed and commented 
5Address comments and resubmit revised PER12/25/2022 *Noncompliant
 Certify sludge, islands, and turbidity curtains removed and ASB No Less Than 6’ deep12/31/2026  
 Certify Legacy sludge removed from EQ Basin6/30/20236/22/2023Met Requirement
6Certify Revisions and update to O&M Manual8/1/20227/29/2022Met Requirement
7Certify Revisions and update to BMP Manual8/1/20227/29/2022Met Requirement
8 Certify Revisions and update to Odor Abatement Plan8/1/20227/29/2022Met Requirement
 Inspection and Report to meet requirement 6, 7, and 8Monthly inspection and ReportMonthlyMeeting Requirements
9Order termination conditions   
10Pay assessed Penalty7/29/227/14/22Met Requirement

 

Consent Order to Correct Undesirable Levels of Air Contaminants - November 23, 2022
 Order RequirementDate RequiredDate SubmittedStatus
1Continue operation of three existing fence line H2S monitors.   Operational
2Add two additional onsite monitors  Operating
3Provide Plan for onsite TRS sampling and analysis1/22/231/23/2023Sampling Completed
4Install New Primary Stripper   
 Submit construction permit application3/23/233/23/23Draft available for public review
 Order primary stripperApplication submission +30d 4/19/2023Met Requirement
 Start civil engineering preparationAir construction permit +30d  
 Start Installation and testingReceive stripper +30d  
 Stripper in OperationNLT 6/30/2025  
5Existing stripper configured and maintained to operate independent of primary   
6Provide notification of stripper downtime.  New Practice
7Maintain foul condensate ORP >0V if foul condensate routed to ASB  New Practice
8Maintain treatment and monitor condensate when directed to ASB  New Practice
9Operate WWT system consistent with WW Consent order  Ongoing
10Maintain process to receive and respond to reports and notify downwind areas in an emergency and notify community of activities   Ongoing
11Monthly reports regarding Odor implementation1st business day of the monthRequirement metOngoing

Air Dispersion Modeling

Air Applications/Construction Permits

New Indy Corrective Action Plan

Impoundments

Reports

Plans

Weekly Report