DEQ-CFW_00023365

SPILMANT HOMAS & BATTLE, PLLC
ATTO R N EVS AT LA W By
Direct Dial; 304-340-3832
[e-mail]
a rfy- ! ff
Mr. Yogesh Patel
West Virginia Department of Environmental Protection
601 57th Street, S.E.
Charleston, VYTV 25304
Please find enclosed for your records the original copy of the above -referenced draw
Consent Order, as executed on behalf of E. I. du Pont de Nemours and Company
November 18, 2011. 1
Should you have any questions, please do not hesitate to call me at [phone].
Thank you for your continued attention to this matter.
Very truly yours,
MI.therine Crockett
VII W, R", A
Spilman Center 1 300 Kanawha Boulevard, East I Post Office Box 273 1 Charleston, West Virginia 25321-0273
www.spilmanlaw,com 1 304.340,3800 1 304.340.3801fax
WestVirginia North Carolina Pennsylvania Virginia
DEQ-CFW-00023365

west virginia department of environmental protection
Division of Water and Waste Management
601 57h Street SE
Charleston, WV 25304-2345
Telephone Number: [phone]
Fax Number: [phone]
� - �1 $ �Nll 0
Earl Ray Tomblin, Governor
Randy C. Huffman, Cabinet Secretary
www.dep.wv.gov
ISSUED UNDER THE
WATER POLLUTION CONTROL ACT
WEST VIRGINIA CODE, CHAPTER 22, ARTICLE 11
TO: E. I. du Pont de Nemours and Company DATE: 11AV2011
Washington Works
c/o Karl J. Boelter, Plant Manager
P. O. Box 1217 ORDER NO.: 7418
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authority of Chapter 22, Article 11, Section 1, et. seq. of the Code of West Virginia to E. 1. du
ff'ont de Nemours and Company (hereinafter "DuPont").
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1. DuPont operates a multiple product line manufacturing facility and associated industrial
wastewater treatment plant located in Washington, Wood County, West Virginia. This
facility is known as the Washington Works Plant ("Facility" or the "Plant").
2. This Facility is permitted under WV/NPDES Permit No. WV0001279 (the "Permit"),
issued August 4, 2003 to authorize the Plant's point source discharges into the Ohio
River or tributaries thereof.
3. In accordance with 47 CSR 10-4.3, DuPont timely applied for renewal of the Permit on
December 20, 2007, over 180 days prior to the Permit's scheduled expiration date of June
30,2008.
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DuPont Washington Works
Consent Order 7418
Page 2 of 6
4. Since DuPont's submittal of its renewal application, WDEP has administratively
extended the Permit. As of the date of this Consent Order, the Permit remains
administratively extended until December 31, 2011.
5. DuPont has developed patented technology for a new -generation processing aid for the
production of high-performance fluoropolymers using a new compound C3 Dimer
Acid/Salt (CAS # 13252-13-6 and CAS # 62037-80-3) (hereafter the "New Compound").
DuPont represents that this technology is a sustainable solution that includes a new
processing aid with a favorable toxicological profile and rapid bioelimination. DuPont
further represents that it will utilize environmental control technologies that reduce
environmental release and exposure. The U.S. EPA, through a Toxic Substances Control
Act Section 5(e) Consent Order ("TSCA Order") executed by DuPont on January 28,
2009, granted DuPont approval, under conditions set forth in the TSCA Order, to
commercially manufacture, process, and distributes the processing aid. The TSCA Order
requires that DuPont shall recover and capture (destroy) or recycle the New Compound
"at an overall efficiency of 99% from all the effluent streams and the air emissions (point
source and fugitive)." This requirement is interpreted by DuPont to be applied in the
aggregate on an annual basis, for all U.S. sites where the New Compound is used. The
wastewater treatment system for the Facility's fluoropolymers processes will be modified
to achieve the TSCA Order requirements at present and future production capacity.
6. At this time, based on the results of its ongoing research and development activities,
DuPont is planning to undertake construction of related upgrades to the Facility's
wastewater treatment system for fluoropolymers processes currently discharging through
internal Outlets 102 and 305, in conjunction with the use of the New Compound, and to
commence the initial phase of commercial -scale production using the New Compound.
7. The planned upgrades to the fluoropolymers wastewater treatment system include new
higher efficiency processing aid recovery, addition of a new reverse osmosis ("RO")
system, and expansion of the existing carbon bed systems.
8. The Director cannot modify a WV/NPDES permit that has been administratively
extended beyond its original expiration date. Accordingly, VV'VDEP cannot currently
modify the Permit to authorize DuPont to scale up the use of the New Compound, to
discharge the New Compound, and to undertake the related wastewater treatment plant
upgrades described in Paragraphs 6-7, above.
9. DuPont provided toxicity data to VYIVDEP in March of 2011. Since that time, ongoing
dialogue has occurred and additional information shared between the parties regarding
the planned upgrades and the New Compound. On August 3, 2011, DuPont provided
additional toxicological information as well as plans to begin production using the New
Compound to the WVDEP.
10. The parties have entered into this Consent Order as the most expedient mechanism to
allow DuPont to begin construction activities in connection with necessary upgrades to
the wastewater treatment system and to commence commercial scale production using
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DuPont Washington WorIE
Consent Order 74
Page 3 o
the New Compound, as described in Paragraphs 5 and 6 above, pending the Director's
renewal of the Permit. This Consent Order does not constitute and shall not be construe
as a finding by the Director that DuPont has committed any violation(s) of the terms an
conditions of the Permit.
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Now, therefore, in accordance with Chapter 22, Article 11, Section I et seq. of the West
Virginia Code, it is hereby ORDERED by the Director as follows:
1. DuPont shall undertake construction activities associated with the above -described
wastewater treatment plant upgrades in accordance with the following schedule:
a. Modifications to the Granular Mother Liquor ("GMU)/Lainella system to
achieve enhanced solids removal shall be initiated no later than six months after
the effective date of this Consent Order.
b. Construction of a new stage I RO unit with new membrane technology for
enhanced processing aid recovery shall be initiated no later than 12 months after
the effective date of this Consent Order.
c. Sub -micron filtration and additional RO units for recovery of processing aid from
previously non -recoverable process streams, and carbon beds for capture of
processing aid shall be installed no later than 24 months after the effective date of
this Consent Order.
d. Additional carbon beds in W9 Line I for enhanced abatement capability when
carbon change -outs occur shall be installed no later than 24 months after the
effective date of this Consent Order.
e. Connection of production areas to new recovery/abatement system as reflected in
the permit application shall occur no later than 24 months after the effective date
of this Consent Order.
During the period of transition to the new processing aid and treatment system upgrades,
wastewaters from fluoropolymers processes covered by these changes shall continue to
be treated by existing treatment facilities such that all wastestreams that are currently
receiving treatment via activated carbon will continue to receive such treatment. DuPont
has indicated that the New Compound will require more frequent change -outs of carbon
in the carbon beds in order to maintain treatment removal efficiencies. DuPont shall
replace the lead bed of granulated activated carbon within seven (7) days of detecting
break -through of the New Compound from the lead bed while maintaining an effective
polish bed in the system or cease discharge from the affected carbon bed system. Should
monitoring detect break -through from the final polish bed, DuPont shall cease discharge
from the affected carbon bed system within 24 hours of detecting such break -through
until unspent carbon is in place to treat that wastestream. For purposes of this Consent
Order, "break -through" will be deemed to have occurred when concentrations of the New
Compound are detected at I mg/l or greater using the analytical method specified in
Paragraph 5, below. This requirement shall apply to internal Outlets 102, 305 and a new
internal monitoring location being designated as internal Outlet 605. Further, DuPont
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DuPont Washington Works
Consent Order 7418
Page 4 of 6
shall operate and maintain the granulated activated carbon beds at internal Outlets 102,
305 and 605 in a manner to prevent the inhibition of treatment of other pollutants.
3. Based on the toxicological information provided and all other information available at
this time, WVDEP has determined that a concentration of no more than 17.5 ug/l of the
New Compound in the receiving stream outside of an applicable mixing zone will be
protective of West Virginia's narrative water quality standards found in 47 CSR 2,
Section 3 of the West Virginia Legislative Rules. To this end, WVDEP has established
the discharge limitations for the New Compound as set out in Paragraph 4, below.
4. DuPont shall adhere to the following limitations and perform the following self -
monitoring for the New Compound during the term of this Order in accordance with t
following: 11
— ---------------- — - - -------- —
Monthly
Average
— - - ------- ----
maximum
Daily
Monitoring
i Frequen Sy .
Sample
Ty e
. ............. _p . ...................
--------------------
24-hour
--------------------- —
Composite
— -------------------
24-hour
—Composite
"' Monitoring location after exiting lead activated carbon bed and prior to entering poli
activated carbon bed.
B Monitoring location after exiting the polish activated carbon bed.
C Discharge from carbon treatment system located in building 127.
D When discharging.
E As discussed in Paragraph 3, above, these limits have been calculated to ensure
concentration of no more than 17.5 ug/l in the receiving stream outside of the applicab
mixing zone, as determined by application of the mixing zone dilution factor for t
respective outlet specified in the current Fact Sheet for the Permit.
5. Samples taken at Outlets 002 and 005 pursuant to Paragraph 4 above shall be analyzed
Liquid Chromatography/Mass Spectrometry/.Mass Spectrometry ("LC/MS/1\4S") with a
method detection limit ("MDL") of I ug/l or less. Samples taken at internal Outlets 10
305 and 605 pursuant to Paragraph 4 above shall be analyzed by Liquid Chromatograph
or Gas Chromatography ("GC") per internal plant method with an MDL of I in
or less. I
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DuPont WiM ashington Works
• Order 7418
Page 5 • 6
,fi. Outlet results for sampling perforined pursuant to Paragraph 4 above shall be reported
monthly to the WVDEP on the attached Discharge Monitoring Reports ("DMRs"). In
addition, '• shall maintain a log of the results • the daily monitoring required by
Paragraph 4 at internal Outlets 102, 305 and 605, and shall submit this log to WVDEP o
a monthly •. as an attachment to its DMR.
7. • production using the New Compound and generating wastewaters for •
treatment may commence upon the • • this Order, subject to compliance with
the provisions • this Order.
8. This Consent Order may be reopened and revised by agreement of the parties to prescri
additional and/or different requirements, including • monitoring requirements
and/or increased or decreased discharge limitations, pursuant to any new information or
data regarding the New Compound.
OP. This Order shall terminate upon notification by DuPont that the actions required by the
Order of Compliance have been completed and the Director's written concurrence
therewith or upon the issuance by WVDEP of a renewed permit for the Facility that
authorizes the activities covered by this Order that have not been completed as of that
time, whichever • earlier.
I . DuPont hereby waives its right to appeal this Order under the provisions of Chapter 22,
Article 11, Section 21 of the Code of West Virginia. Under this Order, DuPont agrees to
take all actions required by the terms and conditions of this Order and consents to and
will not contest the Director's jurisdiction regarding this Order. However, DuPont does
not admit to any factual and legal determinations made by the Director and reserves all
rights and defenses available regarding liability or responsibility in any proceedings
regarding DuPont other than proceedings, administrative or civil, to enforce this Order.
2. If any event occurs which causes delay in the achievement of the requirements of this
Order, DuPont shall have the burden of proving that the delay was caused by
circumstances beyond its reasonable control which could not have been overcome by due
diligence (i.e., force majeure). Force majeure shall not include delays caused or
contributed to by the lack of sufficient funding. Within three (3) working days after
DuPont becomes aware of such a delay, DuPont shall provide written notification to the
Director. Within ten (10) working days of initial notification, DuPont shall submit a
detailed written explanation of the anticipated length and cause of the delay, the measures
taken and/or to be taken to prevent or minimize the delay, and a timetable by which
DuPont intends to implement these measures. If the Director agrees that the delay has
been or will be caused by circumstances beyond the reasonable control of DuPont (i.e.,
force majeure), the time for performance hereunder shall be extended for a period of time
equal to the delay resulting from such circumstances. A force majeure amendment
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DuPont Washington Works
Consent Order 7418
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granted by the Director shall be considered a binding extension of this Order and of the
requirements herein. The determination of the Director shall be final and not subject to
appeal.
3. Compliance with the terms and conditions of this Order shall not in any way be constru
as relieving DuPont of the obligation to comply with any applicable law, permit, other
order, or any other requirement otherwise applicable. Violations of the terms and
conditions of this Order may subject DuPont to additional penalties and injunctive relie
in accordance with the applicable law. I
4. The provisions of this Order are severable and should a court or board of competent
jurisdiction declare any provisions to be invalid or unenforceable, all other provisions
shall remain in full force and effect.
5. This Order is binding on DuPont, its successors and assigns.
This Order shall become effective upon the date on which a true and correct copy of this fully
executed Order is received by DuPont.
Karl'J. Boe�dr,­Plant Manager
Washingtofi Works
Public Notice begin:
Public Notice end:
IM
Scott G. Mandirola, Director
Division of Water and Waste Management
West Virginia Department of Environmental Protection
SGM:rt/mls
Enclosure(s)
cc: Environmental Inspector
Environmental Inspector Supervisor
EPA Region III
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DEQ-CFW-00023371