DEQ-CFW_00010121

From: Quick, Elise Michelle [[e-mail]]
Sent: 7/12/2012 3:43:48 PM
To: Moore, Sandra [/o=NCMAIL/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=sandra.moore]
Subject: RE: PFOA standards
Sandra,
This clarification was very helpful and exactly what I needed.
Thank You again,
Thursday,From: Moore, Sandra [mailto:[e-mail]]
1
Quick,- Michelle
Moore, •Brower,Connie
Subject:•A standards
Elise,
To clarify, we are taking about two processes here: one is the development of an interim maximum allowable
concentration- a process that only the DWQ approves and establishes a temporary standard. The other process
involves establishing a permanent groundwater standard in accordance with the NC: Administrative Procedure
Act rulemaking process. 'This is the process where the EMC: ,must approve a proposed permanent .standard and the
legislature would have to approve if 10 letters of objections are received.
What we are trying to do now is to determine, with the help of the SAB, an appropriate health -based interim maximum
allowable concentration for PFOA before we take it through the rulemaking process to become a permanent standard,
which will then require the EMC"s approval.
Hope this helps,
Sandra
Stag Water Quality Standards Co -coordinator
Division of Water Quality
NC Department of Environment and Natural Resources
1617 Moil Service Center, Raleigh, NC 27699-1617
Sandra. [e-mail]
[phone]
Note: E-,,tail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed
to third parties.
From: Quick, Elise Michelle [mailto:[e-mail]
Thursday,1 1 j'
To: Moore,ii.
Subject: RE: PFOA standards
Ms. Moore,
DEQ-CFW 00010121

Thank you so much for your response. After the SAID makes a recommendation to DWQ regarding, PFOA and DWQ,
reviews it, will it: go through the same process you referenced for the PFOA IMAC- only requiring approval from the
legislature if 10 letters of objection are received?
Thanks again,
Elise
Moore,r • , • r• - •- •r
Thursday, 1 44.
Quick,- Michelle
Cc: Moore, Sandra; Brower, Connie; Barrows, Robin
R PFOA standards
Ms. Quick,
The PFOA standard referenced in your email and in the SAB minutes is actually an interim maximum allowable
concentration (IMAC) for PFOA established under DC Groundwater Rules at 15A Borth Carolina Administrative Code 02L
.0202(c) which authorizes the Division of Water Quality (DWQ) Director to establish an interim groundwater standard
when there is not a groundwater standard listed in 2L .0202 (g), At the end of this email is a web link to this rule and I
have included the portion of the rule that applies to establishing; IMAOs.
The PFOA IMAC has been approved by the DWQ not the E C or Legislature. Once it is proposed as a permanent
standard, then the Environmental Management Commission (EMC) must approve of the proposed standard, after a
public hearing and public comment period. It does not have to be approved by the NC Legislature unless 10 letters of
objection are received after the E C and Mules Review Commission have approved it, The rulemaking process to adopt
a permanent groundwater standard is quite involved and there are many steps, including a fiscal analysis. I am happy to
discuss it: further with you if would like. I can be reached at 91.9-807-041.7.
In the mean time, our interim maximum allowable concentration for PFOA in groundwater is 2 ug/L or ppb. Because of
the ongoing research on PFOA and the fast that: EPA has not established toxicity indices for PFOA (non -cancer reference
dose and cancer potency factor), the DWQ, requested the SAB to review relevant PFOA studies and toxicity data and
make a recommendation on appropriate toxicity indices to use to establish a groundwater standard.
Once the SAB makes a recommendation to DWQ in regard to PFOA, then we will revisit our PFOA IMAC.
I hope this helps to answer your question, Please don't hesitate to contact me with further questions.
Sincerely,
Sandra Moore
15A NCAC 02L .0202
(htt ncrules.state.nc.us ncac title%2015a°J20-%20environment°J20and°120natural%20resources cha ter%2002%20-
%20environmental%20management/subchapter°1201/15a%20ncac%20021%20,0202,html)
(c) ".......Any person may petition the Director to establish an interim maximum allowable concentration for a substance for which a
standard has not been established under this Rule. The petitioner shall submit relevant toxicological and epidemiological data, study
results, and calculations necessary to establish a standard in accordance with Paragraph (d) of this Rule. Within three months after the
establishment of an interim maximum allowable concentration for a substance by the Director, the Director shall initiate action to
consider adoption of a standard for that substance.
(d) Groundwater quality standards for substances in Class GA and Class GSA groundwaters are established as the least of:
(1) Systemic threshold concentration calculated as follows: [Reference Dose (mg/kg/day) x 70 kg (adult body weight)
x Relative Source Contribution (10 for inorganics; .20 for organics)] / [2 liters/day (avg. water consumption)];
(2) Concentration which corresponds to an incremental lifetime cancer risk of 1x10-6;
(3) Taste threshold limit value;
(4) Odor threshold limit value,
(5) Maximum contaminant level; or
DEQ-CFW 00010122

(6) National secondary drinking water okuduni^
State Water Quality Standards Co -coordinator
Division ofWater Quality
NC Department of Environment and Natural Resources
1617M#il Service Center, Raleigh, NC27699-1617
Note: E-mmcorresponden ce to and from this address may be subject to the North Carolina Public Records Low and may bedisclosed
mthird parties.
From: Quick, Elise Michelle [mailto:Elise.*
Sent: Thursday, July 12, 2012 10:09 AM
To: Moore, Sandra; Brower, Connie
Subject: PFOA standards
Ms. Moore and/or Ms. Brower,
Ms. Robin Barrows of the Division of Air Quality suggested I contact you regarding PFOA standards. Do either of you
know if the interim maximum allowable concentration standard forperOu0000ctanoic add referenced in the minutes
from the April 25, 2012 Science Advisory Board meeting will need further approval from the legislature to take effect
after approval from the Division of Water Quality and the Environmental Management Commission?
Elise Quick
Legislative and Regulatory Research Assistant
Troutman Sanders Strategies
434Fayetteville Street, Suite 19OU
Raleigh, North Carolina I76Ol
(336)97J'OOOOMobile
(919)33S-414OOffice
(919)829-O7U4Fax
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OEQ-CFVV_00010123

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DEQ-CFW-00010124