NC0089915_Brooks Pierce Comments_20200819

BROOKS
PIERCE •
FOUNDED 1897
August 17, 2020
RECEIVED
Wastewater Permitting AUG 19 2020
Attention: Chemours
1617 Mail Service Center NCDEQ/DWR/NPDES
Raleigh,NC 27699-1617
Re: Comments on Draft NPDES Permit No.NC0089915
We serve as environmental counsel for the Cape Fear Public Utility Authority("CFPUA")
and are providing these specific objections in support of the Letter from Mr. Jim Flechtner,
Executive Director of the CFPUA, with Comments on the above draft NPDES Permit.
CFPUA's drinking water intake at Lock and Dam Number 1 is directly downriver from the
proposed Discharge Outfall 003 (after treatment of PFAS contaminated water from old Outfall
002) and to date this in-take water is seriously contaminated by Chemours' PFAS wastewater
discharges.
As Mr. Flechtner noted, Chemours' draft NPDES Permit would allow the discharge of 1.5
million gallons per day of wastewater resulting from a proposed treatment system for old Outfall
002 with a total concentration of 954 ppt of GenX, PFMOAA, and PMPA. There is no limit on
the total mass of these compounds that can be discharged. CFPUA objects to excessive
concentration of these compounds that can be discharged and failure to limit the mass that can be
discharged. As is well known,the receiving Cape Fear River flow is highly variable.
DEQ and Chemours have identified for sampling 59 distinct PFAS compounds that are or
may be directly linked to activities at the Chemours' site,collectively referred to as the"Full Suite
=Table 3+Lab SOP+Method 537 Modified Compounds"PFAS compounds. Yet this discharge
permit only has effluent limits for three of these PFAS compounds: GenX,PFMOAA,and PMPA.
The purported 99 percent removal effectiveness and the effluent limits still allows discharge of
concentrations of the fifty-six other compounds which could exponentially increase the total PFAS
discharged. CFPUA currently analyzes for 45 of these compounds(its contract lab is in the process
of developing the methods to analyze for the remainder)at least two times per month and does not
see requiring Chemours to do the same as a significant cost burden. As everyone knows, the
individual and synergistic effects of all 59 compounds remains unknown. CFPUA objects to the
high limits set for the three compound listed and the absence of limits on the remaining Full Suite.
Writer's Direct Dial: 336-271-3114 Fax: [phone] Email: [e-mail]
Brooks,Pierce,McLendon,Humphrey&Leonard,L.L.P.
Attorneys and Counselors at Law
4819-9062-2920.v9

Wastewater Permitting
Attention: Chemours
August 17, 2020
Page 2
As Mr. Flechtner notes,the design of the treatment system for old Outfall 2 was based on
a"single 24-hour composite influent sample." CFPUA objects to the inadequate baseline used to
develop this permit.
As Mr.Flechtner notes,the treatment system for the permit includes GAC. GAC treatment
vessels need to be backwashed periodically and the backwash appropriately disposed. CFPUA
objects to the issuance of this permit without clarity on how backwash water will be handled.
As Mr. Flechtner notes, the removal efficiency is to be calculated only monthly, even
though samples are collected twice per month. CFPUA objects to this permit only requiring
calculation of removal efficiency once per month.
CFPUA believes the discharge to the Cape Fear River should be limited to the same 70/10
analysis that applies to what is considered safe water that is being withdrawn by neighboring
groundwater users.
Unless these specific issues can be addressed, CFPUA objects to the issuance of this
NPDES Permit.
Sincerely,
George W. House
4819-9062-2920.v9