NC0026123_Comments_20230109 (2)

PATRICK M.MINCEY
4
WILMINGTON OFFICE LLP ATTORNEY AT LAW
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FAX[phone] January 5, 2023 R.ROBERT EL-JAOUHARI
ATTORNEY AT LAW
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(27607) Jan 0. 2023 ELIZABETH C.STEPHENS
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ATTORNEY AT LAW
RALEIGH,NORTH CAROLINA 27611-7808
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Via USPS First-Class Mail, to:
NCDEQ/DWR/NPDES
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
North Carolina Environmental Management Commission/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Via E-Mail, to:
Nick Coco, PE
[e-mail]
Request for Public Hearing
Dear Mr. Coco, and to whom it may concern,
Our office represents the City of Reidsville in certain matters pertaining to 1,4-
dioxane and related regulation and permitting by the North Carolina Department of
Environmental Quality ("DEQ") and its Environmental Management Commission
("EMC") (collectively, the "Agency").
We have received and reviewed the proposed permit noticed to the public for
the City of Asheboro's wastewater treatment facility, NPDES No. NC0026123 (the
"Permit"), proposed by the Division of Water Resources (the "Division"). Today, we
have submitted a comment (our "Comment") in opposition to the Division's inclusion
in the Permit of a 1,4-dioxane effluent limitation based on a proposed 0.35 µg/L
standard in water-supply waters.
Pursuant to N.C. Gen. Stat. § 143-215.1(c)(3) and 15A NCAC 02H .0111(a)(1),
the City of Reidsville, by and through its undersigned counsel, requests a public

Mr. Nick Coco, PE
Water Quality Permitting Section
January 5, 2023
Page 2 of 2
hearing on the proposed Permit before the Permit is issued. The City of Reidsville is
interested in the Permit as a municipal point-source discharger into the Cape Fear
River basin, and is therefore interested in regulatory actions regarding the discharge
of 1,4-dioxane, and regarding limitations imposed upon such discharge, in the Cape
Fear River basin.
Public hearing on the Permit is warranted because the Permit is the first effort
by the Division to issue an NPDES discharge permit with a 1,4-dioxane effluent
limitation based on a proposed 0.35 µg/L 1,4-dioxane standard in water-supply
waters, and because the Division makes this effort despite the same proposed 0.35
µg/L standard being recently rejected by the Rules Review Commission due to EMC's
failure to comply with North Carolina's Administrative Procedures Act in its effort to
codify this proposed standard into law. Public hearing on the Permit is also
warranted for the several reasons set forth in our Comment, and the Division is
directed to our Comment for further description of the City of Reidsville's interest in
the Permit and the reasons why public hearing on the Permit is warranted.
We would appreciate being notified directly of the date, time, and location of
the public hearing on the Permit once those details are determined, and hereby
request notice of the same.
Sincerely,
/I
Patrick M. Mincey
R. Robert El-Jaouhari
Elizabeth C. Stephens
Counsel to the City of Reidsville
4868-6642-4392,v. 1