DEQ-CFW_00074098

west virginia department of environmental protection
Division of Water and Waste Management
60157t' Street SE
Charleston,. WV 25304-2345
Telephone Number: [phone]
Fax Number: [phone]
January 31, 2012
Mr. D. David Altman
15 E 8`' Street, Suite 200
Cincinnati, OH 45202.
Earl Ray Tomblin, Governor
Randy C. Huffman, Cabinet Secretary
www.dep.wv.gov
91 7105 2133 3939 2099 3051
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Re: WV/NPDES Permit No. WV0001279
Consent Order No. 7418 Comments
Dear Mr. Altman:
This correspondence is in response to your comment letter dated December 13, 2011
regarding draft Consent Order No. 7418 for WV/NPDES Permit No. WV0001279 issued to the
Dupont - Washington Works facility. Comments are summarized first in bold italics followed by
the agency's responses. .
1. Comment. The order should not allow Dupont to discharge the new compound until all
of the treatment upgrades are completed.
The existing treatment employed at the facility will provide treatment of the new
compound. The additional treatment proposed by the permittee will enhance treatment
and allow for less frequent change -outs of activated carbon from the existing carbon bed
system. Regardless of the treatment enhancements to be made by the permittee, the
effluent limitations for the new compound are effective immediately upon issuance of the
consent order and will be protective of the water quality standards and designated uses of
the Ohio River.
2. Comment. The order. shouldn't be issued without explaining the new compound, its
effects on people and the environment, its toxicity, and how the DEP arrived at the
safety levels and monitoring requirements for the new compound.
The new compound (C3 Dimer Acid/Salt) is a new fluoropolymer compound that Dupont
is representing as an ultimate replacement for the existing fluoropolymer known as C8
(or PFOA, perfluorooctanoic acid). Duponf entered into a Toxic Substances Control Act
Promoting a healthy environment.
DEQ-CFW 00074098

WV/NPDES Permit No. WV0001279
Consent Order No. 7418
Response to Comments
Page 2 of 3
Consent (TSCA) Consent Order with the U.S. EPA in January 2009 which granted
Dupont approval, under conditions set forth in the TSCA Consent Order, to manufacture,
process, and distribute the new compound. The U.S. EPA TSCA Consent Order
prescribed certain requirements and toxicological studies regarding the new compound.
In 2011, Dupont provided toxicological data to the WV DEP as well as plans to begin
production of the new compound. As noted, the U.S. EPA TSCA Consent Order
prescribes certain requirements on Dupont regarding the new compound and those
requirements are required to be achieved independent of Consent Order No. 7418 that is
proposed by the WV DEP. The WV DEP reviewed the toxicological information
provided by Dupont regarding the new compound. Chronic studies which provide data
regarding long-term impacts are still being conducted by Dupont on the new compound
and are not yet complete. Although such long-term studies are preferable, toxicological
data from shorter -term (e.g. subchronic) studies may be used to determine a suitable
toxicity criterion, provided an additional safety factor is applied. Thus the agency
utilized subchronic (90 day) data developed by DuPont in support of its PMN submission
(subsequent to the 2009 TSCA Consent Order), incorporating appropriate
safety/uncertainty factors, in order to calculate a risk -based Drinking Water Equivalent
Level (DWEL) for the new compound. As a courtesy, the agency has attached a memo
prepared by a WV DEP toxicologist which summarizes how the agency arrived at the
risk -based DWEL. As the requisite chronic studies are completed in the future, the
agency will revisit and revise, as necessary, the value indicated in the WV DEP Consent
Order. However, based on the information provided and all other information available
at this time, the WV DEP has determined that the requirements imposed will be
protective of West Virginia's narrative water quality standards found in 47 CSR 2,
Section 3 of the West Virginia Legislative Rules.
3. Comment. The proposed Order appears to exceed WVDEP's authority for mod ping
administratively extended permits
As noted in the Consent Order, the permit cannot be currently modified because it has
been administratively extended. The agency is continuing to process the reissuance of
WV/NPDES Permit No. WV0001279, but does not expect the permit to be reissued in the
near future. Therefore, the agency processed this Consent Order as the best available
means to address upgrades at the facility and the production of the new compound.
4. Comment: The proposed Order relies on Dupont's own interpretation of the 99 %
efficiency requirement in the U.S. EPA TSCA Order without independent
interpretation by WV DEP or confirmation by U.S. EPA.
Please note that the 99% efficiency requirement is not part of WV DEP's Consent Order
and was a requirement determined by the U.S. EPA. Its reference in the WV DEP
document was noted as a "Finding of Fact" in order to provide background information
regarding prior events. For this reason, the WV DEP cannot provide insight or
justification for the requirements in the TSCA Order. Any questions regarding the TSCA
DEQ-CFW 00074099

WV/NPDES Permit No. WV0001279
Consent Order No. 7418
Response to Comments
Page 3 of 3
Order should be directed to the U.S. EPA. Please note that the requirements in Consent
Order No. 7418 are independent of the requirements in the TSCA Order, but also do not
supersede said requirements.
S. Comment. A public hearing is requested
The agency received three (3) requests for a public hearing regarding the consent order.
Based on the limited comments received by the agency and resultant limited requests for
a public hearing, the agency has determined that a public hearing is not warranted.
The agency would like to thank you for taking the time to submit comments.
The Division of Water and Waste Management issued Consent Order No. 7418 on January
31, 2012. Thank you for your interest in this order.
S' rely,
V �Z Z
Scott G. andirola
Director
Encolsure
cc w/enclosure; U.S. EPA Region 3
Env. Inspector Supervisor
Env. Inspector
Little Hocking Water Association, Inc.
3998 State Route 124
PO Box 188
Little Hocking, OH 45742
DEQ-CFW 00074100