DEQ-CFW_00046905

BROOKS
P I E RC E
FOUNDED ;897
June 21, 201.7
By email to: michael.rp(-)qL
By FedEx to:
Secretary Michael S. Regan
Department of Environ-i-nental Quality
217 West Jones Street
Raleigh, North Carolina. 27603
Re: GeiiX in the Cape Fear River
Addendum to First Set of Requests for DEQ Action
Dear Secretary Regan:
2000 RENAISSANCE PLAZA
230 NORTH FLM STREET
Gm-,Ei,isBoiio, NC 274-01
T 336,373,8850
F 336,376-1001
WINW.BROOKSPIERCE.COM
We are environmental counsel for the Cape Fear Public Utility Authority ("CFPUA"). This
letter is an addendum to our first set of requests on behalf of CFPUA for DEQ monitoring,
permitting, and regulatory actions, sent on June 19, 21017 and incorporated herein by reference.
We request on behalf of CFPUA that DEQ include conditions in the Chemours NPDES Peen -nit
prohibiting the discharge of the GenX Pollutants into the Cape Fear River, as required by 15A
NCAC 2B.0104 and 15A NCAC 18C.1209.
15A NCAC 2B .0104 establishes certain standards f-br assigning water supply
classifications, which are designed "to maintain, protect, and enhance water quality in North
Carolina," and to "protect human health," in accordance with the public policy of the State. N.C.
Gen. Stat, § 143-211 (b), (c); see also N.C. Gen. Stat. § 143-214.1 (requiring adoption of water
classifications and standards). Among other requirements, 15A NCAC 2E .0104 incorporates
certain administrative rules promulgated under the North Carolina Drinking Water Act: "Activities
within. water supply watersheds are also governed by the North Carolina Rules Governing Public
Water Supplies, 15A NCAC 18C .I 100, . 1200, and . 1500." 2B .0104(n).
The North. Carolina Drinking Water Act rules, in turn, prohibit certain discharges to waters
of the State protected as water supplies, including the Cape Fear River, which has a classification
of WS-IV:
No treated or untreated domestic sewage, treated or untreated industrial waste or
by products shall be stored on the watershed of or discharged into any public water
supply reservoir or stream tributary to that reservoir whose waters are classified as
WS 1, No untreated domestic sewage or industrial waste by products shall be
discharged into any public water supply reservoir or strearn classified as WS 11, WS
Wrl:tor's Dfred INN: Ph0M--!: 3-t6-271-3114 Fax. [phone],11 nhl)tlse((bbrookspl u�ce.com
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Brook -krce, PAdLendon, Horn prey &. Lionatd, L, JI.
Attornepzand Counsdlof�, at L'I�w
DEQ-CFW-00046905

111, WS-IV, or WS-V.... No hazardous waste or industrial by products shall be
stored in the watershed of a WS 11, WS 111, WS-IV, or WS-V stream unless
precautions are taken to prevent its being spilled into or otherwise entering the raw
water supply.
15A NCAC I 8C .1209. This rule prohibits the discharge of industrial byproducts into any public
water supply stream classified as WS-IV, including the Cape Fear River.
Chemours' NPDES Permit Renewal Application seeks authorization to discharge into the
Cape Fear River, a Class C, WS-IV water in the Cape Fear River Basin. Chemours has represented
to State and local officials —including to CFPUA—that the GenX Pollutants are "unregulated
byproducts" not subject to the 2009 TSCA Consent Order entered between EPA and Chemours,
which authorizes the manufacture of GenX. 1 Chemours' own statements amount to an admission
that it is prohibited from discharging the GenX Pollutants into the Cape Fear River pursuant to
15A NCAC 18C .1209.
Accordingly, we request that DEQ fulfill its nondiscretionary duties to implement and
enforce 15A NCAC 18C .1209 and immediately prohibit Chemours from discharging any and all
GenX Pollutants into the Cape Fear River, and also include this prohibition as a condition in
Chemours' NPDES Permit. We further request that in issuing the Permit, DEQ take into
consideration the broader prohibition against discharge of industrial waste or byproducts into
public water supply streams in accordance with 15A NCAC 18C .1209.
On behalf of CFPUA, we look forward to working with you and your department on this
important matter. Thank you for your prompt attention and consideration.
I See, e.g., IN THE RAW: Notes from Chemours meeting with local, state officials,
Encore (June 16, 2017), available at httD://www.encorei)-Lib.com/i,n-the-riw-notes-
from-cheinours-meelijjg7 j1h-local-state -officials/; Vaughn Hagerty, Questions
remain over GenX consent order, Wilmington Star News (June 19, 2017), available at
ht,t])://www.starnewsoiilliie.com/news/20..l..'1.0619/auestioiis-rem�i.in-over:geI�
consent -order.
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