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F W A rF Michael F, Easley, Governor
William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
O Coleen H. Sullins, Director
;; ace^ Division of Water Quality
September 29, 2009
Mr. Doug Springer, Cape Fear Riverkeeper
Cape Fear River Watch, Inc.
617 Surry Street
Wilmington, NC 28401
Subject: NC's Role in Monitoring APFO and Assuring Public Safety
Dear Mr. Springer:
We are in receipt of your correspondence dated December 28, 2007 requesting information on
the status of monitoring efforts and public safety measures taken in response to discharges of
Perfluorooctanoate (PFOA) from the E.I. DuPont De Nemours and Company, Inc facility located in
Fayetteville, NC (hereinafter referred to as DuPont -Fayetteville). On behalf of North Carolina
Department of Environment and Natural Resources Secretary Bill Ross, please accept our sincerest
apologies for the delay in this response to your concerns. As Ms Connie Brower indicated during the
phone conversation of May 20, 2008, your request for this information was misplaced and had been
delivered to the division staff belatedly.
The N.C. Department of Environment and Natural Resources (NC DENR) is comprised of
several divisions with input and involvement on this relevant topic. Two primary divisions, the Division
of Water Quality (DWQ) and the Division of Waste Management (DWM), have varied responsibilities
for regulatory actions at this facility and jointly offer the following to address the questions with respect
to the State's actions.
Regarding Question # 1, the DuPont -Fayetteville facility began manufacturing ammonium
perfluorooctanoate (APFO), which is also commonly referred to as Perfluorooctanoic Acid (PFOA) or
C-8, in 2002, Prior to this date, the plant neither produced C-8 compounds nor used these compounds in
its manufacturing processes. Initial groundwater samples were collected in 2002, and confirmation
groundwater samples were collected in early 2003, APFO was detected in the parts -per -trillion (ppt or
ng/L) range in these samples. In June 2003, DuPont -Fayetteville reported the detections of APFO in
groundwater to NC DENR as the discovery of a new chemical in the groundwater. Also in 2003, E.I.
DuPont De Nemours and Company, Inc. submitted a Letter of Intent (LOI) to the US Environmental
Protection Agency (US EPA). In this LOI, DuPont proposed to investigate all its facilities that manage
or have managed C-8 compounds.
DuPont -Fayetteville has installed and sampled 39 temporary and permanent monitoring wells
on -site. Analytical results greater than North Carolina's 2 parts -per -billion (ppb or ug/L) Interim
Maximum Allowable Concentration (IMAC), for APFO in groundwater, have been reported for three of
the wells, These wells are located near the DuPont -Fayetteville plant's APFO manufacturing unit.
Noi-thcarolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.11ewatc1]qu8lity.0r9 Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
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Mr. Doug Springer
May 30, 2008
Page 2 of 4
The facility has also sampled nine off -site private groundwater wells. The analytical results for
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ninth well. One sample was non -quantifiable for APFO while APFO was reported at a concentration of
0.011 ppb (ug/L) in the second sample.
In response to a request by NC DENR, US EPA Region 4 observed a sampling event conducted
by DuPont -Fayetteville and conducted analysis of split groundwater, surface water, and sediment
samples with the facility. The US EPA's National Enforcement investigations Center and National
Exposure Research Laboratory analyzed the EPA samples. The analytical results were reported in 2006
and the EPA's analytical results were consistent with those reported by the Dupont- Fayetteville facility.
Analytical data suggest the sources for APFO in groundwater at the DuPont -Fayetteville facility
are two surface impoundments and the APFO manufacturing unit. The twin surface impoundments
contain water from the Cape Fear River that supplements the plant's non -notable water supply. The
concentrations of APFO in groundwater samples collected in the area of the two surface impoundments
are similar to the concentrations reported by DuPont -Fayetteville and the US EPA for the Cape Fear
River.
The greatest concentrations of APFO in groundwater at the site have been reported in a perched
aquifer zone beneath the APFO manufacturing unit. Monitoring wells screened in this zone, which
appears to have impacted the aquifer below it, are frequently dry. The facility plans to conduct
investigations that will better define the relationship between the shallow perched zone, the deeper
aquifer, and the distribution of APFO in the groundwater. These investigations will be conducted under
NC DENR oversight. Currently, DuPont -Fayetteville monitors the groundwater for APFO on an annual
schedule. Analytical results are reported to both NC DENR and the US EPA.
IJUI ments containing the details of inI0ri-naL1oI1 mentioned In reSPonSe to Quest loll I/ 1 are
maintained at the NC Division of Waste Management's office at 401 Oberlin Road, Suite 150, Raleigh,
NC 27605.
The second question is in regards to the EPA Global Stewardship Program. E.I. DuPont De
Nemours and Company, Inc. is one of the companies participating in the 2010/2015 PFOA Stewardship
Program. The progress these companies, including DuPont, have made toward achieving their goals can
be viewed at the US EPA web site (http://www.epa.gov/opptintr/pfoa/pubs/preports.htm#summary).
DuPont -Fayetteville does not report directly to NC DENR concerning this initiative.
Question # 3 question pertains to the establishment of an Interim Maxirnurn Allowable
Concentration (IMAC) for Perfluorooctanoic acid (C8). DWQ staff, in consultation with the Division of
Waste Management and with the cooperation of the Department of Health and Human Services
(DHHS), developed a health -based level for PFOA based on the systemic threshold concentration, using
published and peer -reviewed toxicological data. Additional supporting information is located at
http://h2o,enr.state,nc.us/csu/documents/IMACBasisC8.pdf . The established IMAC concentration
aids the Division of Water Quality and the Division of Waste Management in evaluating site conditions
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Mr. Doug Springer
May 30, 2008
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and in setting health protective ground water and soil remediation levels. North Carolina is the first and
only state to establish a statewide enforceable groundwater concentration for the compound.
The Groundwater Committee of the Environmental Management Commission (EMC), the
Division of Waste Management, the Department of Health and Human Services (through the Division of
Public Health) and Michael Johnson of E.I. DuPont De Nemours — Fayetteville were all notified of the
establishment of the IMAC and were further informed that the chemical was undergoing a full
evaluation by the North Carolina Science Advisory Board (NC SAB) and was, therefore, a temporary
criterion subject to revaluation upon completion of a review by the NC SAB. The NC SAB is an
advisory panel created by the Secretary of DENR to assess toxic effects of chemicals in the
environment. The NC SAB is composed of seven individuals, appointed to four-year tenns, having
expertise in Environmental Health, Occupational Medicine, Toxicology, Risk Assessment, Exposure
Assessment, and Biostatistics.
The NC SAB is currently seeking all existing toxicity information and has invited participation
by noted risk assessors and toxicologists from the US EPA and E.I. DuPont De Nemours and Company,
Inc. Additionally, the NC SAB members, as well as staff of the Division of Water Quality have actively
participated in on -going national level discussions on the topic. The next scheduled seminar is "PFAA
Days II at EPA" in Research Triangle Park, NC on June 3-5, 2008. This seminar will include
representatives from multiple disciplines and agencies, including the Office of Pollution Prevention and
Toxics, US EPA's Science Advisory Board, the US EPA Office of Research and Development's
National Health and Environmental Effects Research Laboratory and National Exposure Research
Laboratory. All of the agencies have developed research programs to characterize the toxicity of these
chemicals, to explore their modes of actions, to develop analytical methods for their detection in various
media, and to investigate the fate and transport. This research will continue the human health risk
assessment of PFOA and complement the US EPA's draft report that was released in May 2006.
Collectively, these agencies are making significant strides in these research areas with the goal of
identifying more clearly the toxic effects of the perfluoroalkyl acid compounds.
Should this NC SAB assessment support a recalculation of the IMAC, DWQ staff will pursue
action, which includes cooperation with DHHS, to consider this information for adoption in accordance
with the 15A NCAC 2L .0202. This rule -making procedure will allow for public review and public
comment in accordance with the North Carolina Administrative Procedures Act. Again, this IMAC
remains in effect as the regulatory concentration until a groundwater standard is established.
Regarding the final question (Question #4) of sediment carryover from the DuPont -Fayetteville
facility outfall channel, the Division of Water Quality required the facility to present alternatives which
addressed the sediment loads delivered to the Cape Fear. DuPont -Fayetteville supplied the required
model and information and the DWQ has subsequently approved a request to relocate the final effluent
discharge outfall. This relocation was approved to stop erosion and discharge of sediment that was
occurring in the existing effluent channel. After DWQ review of the facility's modeling report, DWQ
staff detennined that the proposed relocation would not affect dissolved oxygen levels in the Cape Fear
River and approval was granted to relocate the outfall above Lock and Dam #3. This approval was
given on February 26, 2008.
A summary of the status of the project is provided as follows:
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Mr. Doug Springer
May 30, 2008
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• The DuPont staff has contacted DWQ Construction Grants and Loans Section (CGL). DuPont has
requested information as to requirements that must be met for CGL to issue an "Authorization to
Construct"
• In accordance with the requirements of CGL, the NPDES permit was modified to identify the
location of the proposed discharge. The permit now provides for a future location upstream of Lock
and Dam #3.
• The US Army Corps of Engineers must grant 404 Certification to allow the proposed pipeline(s) to
enter the Cape Fear River. Ronnie Smith with the Corps has visited the site and toured the proposed
area `l here +h- i �1; •��( ` r:"
v VY iiv 1V p pv .; Vis) VY111 be 1.oc"-tcd.
• The US Corp of Engineers has required that the DuPont facility get a 401 Water Quality
Certification from NC DWQ before they can issue the 404 Certification.
• DuPont's next step will be to initiate the process to obtain the 401 Certification.
• According to DuPont —Fayetteville representatives, the preliminary engineering design work for this
project is underway.
On behalf of NC Department of Environment and Natural Resources, the Division of Waste
Management and the Division of Water Quality, we hope that this correspondence fully addresses your
questions and concerns. However, should you require any additional clarification, please contact Mr.
Larry Stanley at 919-508-8562 for information on Division of Waste Management activities (Questions
1 and 2); Ms. Connie Brower at 919-733-7015 X 380 for Division of Water Quality groundwater
standards issues (Question 3) and Mr. Gil Vinzani 919-733-7015 X 540 for Division of Water Quality
NPDES information (Question 4).
Sincerely,
Coleen H. Sullins
CHS/cub
cc: Bill Ross, Secretary NC DENR
Dexter Matthews, Director, DWM
Paul Rawls, DWQ, Point Source Branch Chief
Alan Clark, DWQ, Planning Branch Chief
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