NC0026123_Comments_20230126

BROOKS
-`"I PIERCE
Z000 RENAISSANCE PLAZA
23O NORTH ELM STREET
GREENSBORO, NC 27401
FOUNDED 1897 T 336.373.8850
January 26 2023
F 336.378.1001
WWW.BROOKSPIERCE.COM
Via E-Mail, to:
Nick Coco, PE [ nick.cocogncdenr.gov ]
Engineer III
NPDES Municipal Permitting Unit
NC DEQ / Division of Water Resources / Water Quality Permitting
Via Federal Express, to:
NCDEQ/DWR/NPDES
Water Quality Permitting Section
ATTENTION: LOIS THOMAS (at MSC)
1618 Mail Service Center
Raleigh, NC 27699-1617
North Carolina Environmental Management Commission/NPDES Unit
ATTENTION: LOIS THOMAS (at MSC)
1618 Mail Service Center
Raleigh, NC 27699-1617
RE: Comments Submitted in Response to Notice of Intent to Issue a NPDES Wastewater
Permit NCO026123 Asheboro WWTP
Dear Mr. Coco, North Carolina Environmental Management Commission/NPDES Unit Staff, and
NCDEQ/DWR/NPDES Water Quality Permitting Section Staff:
This firm represents the City of Asheboro and the City of Greensboro regarding 1,4-dioxane
regulation and permitting by the North Carolina Department of Environmental Quality ("DEQ") and
the North Carolina Environmental Management Commission ("EMC").
We are writing to comment on the 1,4 dioxane provisions of the above -referenced draft
NPDES Permit NCO026123 (the "Permit"), which DEQ has proposed to issue for the Asheboro
waste water treatment plant ("WWTP"). While our clients are aware of concerns associated with 1,4
dioxane, at this time there are insufficient legal and factual bases for DEQ to impose the Permit 1,4
dioxane effluent limitations. As discussed below, DEQ's issuance of the Permit as drafted (with the
1,4 dioxane effluent limitations) would be arbitrary, capricious, and contrary to applicable law.
Therefore, the 1,4 dioxane effluent limitations should be removed from the Permit prior to issuance.
A. The Permit proposes increasingly stringent 1,4 dioxane limits over the next five
years.
Permit Sections A.(1.) and A.(5.) set the following effluent limits for 1,4 dioxane:
• Phase I Interim Limits (effective 1 year after effective Permit date)
55.7 µg/L monthly average
127.6 µg/L daily maximum
Writer's Direct Dial: 336-271-3134 Email: [e-mail]
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.
Attorneys and Counsellors at Law

NC DEQ and NC EMC
January 26, 2023
Page 2
• Phase H Interim Limits (effective 3 years after effective Permit date)
35.0 µg/L monthly average
80.2 µg/L daily maximum
• Final Limits (effective 5 years after effective Permit date) ("Final Limits")
21.58 µg/L monthly average
49.4 µg/L daily maximum
B. DEQ's purported authority and rationale for the Permit's 1,4 Dioxane limits.
In its Permit cover letter and Notice of Intent, DEQ asserts that it is imposing Permit limits
for 1,4 dioxane on a phased basis in order to "provide an opportunity for the City and their industries
to develop a plan to assess sources of and implement technology to control discharges of 1,4 dioxane
in order to come in compliance with the" Final Limits.
DEQ last proposed a draft permit in May 2018 and received comments from the City of
Asheboro as part of that process. With respect to 1,4 dioxane, Asheboro commented on or about
May 31, 2018, "Asheboro is not inclined to regulate an industry that may be discharging 1,4 dioxane
based on the inconclusive data regarding the health effects of this parameter and the lack of
enforceable stream stanards.... Staff would like an explanation of the legal basis and calculations
for the 149 µg/L limit in this draft permit." See Asheboro WWTP (NC0026123) Public Comments
and Responses p. 2 (emphases added).
In the response sent December 6, 2022 (more than four years after receiving Asheboro's
comments), DEQ asserts that its authority to impose 1,4 dioxane limitations is based on the
following:
Id. p. 2.
• 15A NCAC 02B .0206(a)(4)(B) identifies that for the flow design criteria
for effluent limitations, the average annual flow for toxic substances shall be
used to protect human health.
• 15A NCAC 02B .0208(a)(2)(B) identifies for carcinogens, an
unacceptable exposed risk level is 1 x 10-6 or greater.
• 15A NCAC 02B .0216(4)(d) Fresh Surface Water Quality Standards for
Class WS-IV Waters identifies that no discharge of sewage shall be allowed
that have an adverse effect on human health or that are not treated in
accordance with the permit or other requirements established by the Division.
DEQ further explains its rationale for calculating the Permit limits for 1,4 dioxane as follows:
The previously identified allowable discharge concentration of 149 µg/ L for
1,4-Dioxane was based on a Reasonable Potential Analysis for the human
health criterion of 80 µg/L in non -water supply waters. The non-WS criterion
was based on a calculated 1 in 1,000,000 cancer risk from fish consumption
per 15A NCAC 02B.0208.
1,4-dioxane is completely miscible in water and resistant to biodegradation. It
is assumed that concentrations of 1,4-dioxane discharged from the WWTP
will be equivalent at the direct discharge to Hasketts Creek, a class C

NC DEQ and NC EMC
January 26, 2023
Page 3
waterbody, and the nearest downstream water supply (WS-V) boundary,
located in the Deep River 1.0 mile upstream of Tysons Creek and 43.5 miles
downstream of the outfall. As such, in this reevaluation, allowable discharge
concentrations were calculated for both the direct discharge to Class C
Hasketts Creek and for the nearest downstream water supply (WS-V)
boundary, and the more restrictive concentration was selected for protection
of downstream uses. The water supply boundary is for the Deep River (Gulf-
Goldston) water supply watershed, whose water supply intake is currently
inactive. Each allowable discharge concentration was calculated considering
the applicable receiving stream's Average Annual Flow (AAF), appropriate
Instream Target Value (ITV) and the facility's permitted design flow.
For the direct discharge to Class C Hasketts Creek, an ITV of 80 µg/L for
non -water supply waters at an AAF of 12 cfs and a permitted design flow of
9.0 MGD (13.95 cfs) was considered. This calculation yielded a chronic
allowable discharge concentration of 149 µg/ L. When considering the
downstream WS-V waters, a 1x10-6 risk level ITV of 0.35 µg/L for water
supply waters at an AAF of 846 cfs (calculation estimated by USGS for WS-
V boundary of Gulf-Goldston WS watershed) and a permitted design flow of
9.0 MGD (13.95 cfs) was considered. This calculation yielded a chronic
allowable concentration of 21.58 µg/L. The allowable discharge
determination based on direct discharge to Class C Hasketts Creek is
insufficiently protective of downstream water supply uses. As such, the
chronic allowable discharge concentration of 21.58 µg/L has been used in
determination of permitting actions.
Id. pp 2-3.
C. DEQ lacks legal authority and an appropriate rationale to impose 1,4 dioxane limits
in the Permit.
1. An in -stream target value ,ITV) is not an enforceable limit.
At its core, DEQ's stated justification for imposing the 1,4 dioxane limits in the Permit relies
entirely upon DEQ's enforcement of its "ITV" for WS classified waters (0.35 µg/L) as a numeric
water quality standard. However, the purported "ITV" has not been duly adopted as an administrative
rule in accord with rulemaking requirements under the North Carolina Administrative Procedures
Act ("APA"). DEQ admits as much, stating on its website "ITVs provide numeric regulatory values
for substances that do not have existing water quality standards in I5A NCAC 02B .0200. See
DEQ, Managing Emerging Compounds in Water (last accessed January 11, 2023) (emphasis added),
attached hereto as Exhibit A. As such, DEQ has no authority to enforce the "ITV" as a water quality
standard under the administrative rules it cites (15A NCAC 02B .0206(a)(4)(B), 15A NCAC 02B
.0208(a)(2)(B), 15A NCAC 02B .0216(4)(d)) or otherwise. Moreover, none of these rules cited by
DEQ is actually applied by DEQ as written to underpin its Permit limits for 1,4 dioxane. Rather,
DEQ justifies those limits solely by erroneously attempting to enforce the "ITV" for a downstream
WS waterbody as a numeric water quality standard.
DEQ's lack of authority to enforce an "ITV" as a duly adopted water quality standard is also
evident from a review of the efforts by the EMC to undertake proposed rulemaking to adopt the so-
called "ITVs" for 1,4 dioxane as actual numeric water quality standards. The Rules Review

NC DEQ and NC EMC
January 26, 2023
Page 4
Commission rejected EMC's efforts due EMC's failure to undertake the cost -benefit analyses
required by the APA. See, e.g. Rules Review Commission Meeting Minutes (May 19, 2022),
attached hereto as Exhibit B. In other words, EMC's pursuit of the lawful process to adopt numeric
standards shows the unlawfulness of DEQ's attempted imposition of the ITVs without such a
process.
2. The cited regulations do not support the proposed limits.
DEQ's explanation of its calculations of 1,4 dioxane limits in the Permit also cites three 2B
rules: 2B .0206(a)(4)(b); .0208(a)(2)(B); and .0216(4)(d). See Asheboro WWTP (NC0026123)
Public Comments and Responses p. 2. But DEQ does not actually rely on or apply any of those rules
to calculate the Permit limits for 1,4 dioxane. If DEQ were to actually apply those rules as they are
written to address human health risks associated with discharge of 1,4 dioxane by Asheboro, DEQ
would have to base those calculations on actual exposed risk levels. DEQ does not, however, do so —
likely because the downstream water intake it references is inactive. Rather, DEQ relies solely on
the ITV, which is neither a water quality standard nor an administrative rule; nor is it supported by
the administrative rules cited by DEQ.
In particular, DEQ erroneously cites to 15A NCAC 02B .0208 as the basis for its 1,4 dioxane
"ITV". But the plain language of .0208 identifies procedures for calculating water quality standards,
and explicitly states that the "[s]tandards to protect human health from carcinogens through water
consumption are listed under the water supply classification standards in Rules .0212, .0214, .0215,
.0216, and .0218 of this Section." 15A NCAC 02B .0208(a)(2)(B). There is no basis in Rule .0208 to
create a water quality standard for a carcinogen that is not listed in the water supply classifications
referenced, which do not list 1,4 dioxane.
Even assuming that DEQ could establish water quality standards "on the fly" under Rule
.0208 without appropriate rulemaking procedures the APA, it would appear that DEQ has not even
followed the prescribed regulatory methods of that rule. Rather, DEQ appears to rely on 1,4 dioxane
calculations that it performed as part of the 2020-2022 triennial review of surface water quality
standards. See Exhibit C. Assuming that 1,4 dioxane actually qualifies as a carcinogen, Rule
.0208(a)(2)(B) prescribes calculation of water quality standards by two methods: (1) the Rule
.0208(a)(2)(A) formulas for fish and/or water consumption; or (2) based on a Carcinogenic Potency
Factor pursuant to 15A NCAC 02B .0208(a)(2)(B). Application of the .0208(a)(2)(A) methodology
results in a water quality standard of 1.045 mg/L for water supply waters or 1,045 µg/L. DEQ
rejected that methodology, but also does not appear to have carried out the methodology required
pursuant to section .0208(a)(2)(B), which mandates using an accepted carcinogenic potency factor.
Instead, DEQ appears to have attempted to deploy a formula similar to the .0208(a)(2)(A) formulas,
but which results in invalid results. Even assuming the formula were valid (it does not appear to be),
DEQ uses an oral slope factor as the carcinogenic potency factor and a "fish bioconcentration factor"
value for bioaccumulation rate rather than the "fish bioaccumulation factor" reported by the Risk
Assessment Information System. See Exhibit D. As a result, DEQ's calculation appears to be
contrary to the state administrative rule DEQ invokes and also violates the federal regulatory
requirement that numeric standards calculated from narrative toxic pollutant standards be based —in
the absence of CWA § 304(a) guidance —on "scientifically defensible methods." 40 C.F.R.
§ 131.11(b)(1)(iii).
Moreover, as discussed in the comment letter submitted to DEQ by counsel for the City of
Reidsville and dated January 5, 2023, there does not appear to be scientific consensus regarding the
status of 1,4 dioxane as a carcinogen, let alone the levels at which the constituent poses significant

NC DEQ and NC EMC
January 26, 2023
Page 5
human health risks. In support of attempting to regulate 1,4 dioxane as a carcinogen, DEQ cites to
a statement in a non -binding, non -regulatory report issued in 2013 by the U.S. Environmental
Protection Agency, "1,4-dioxane is `likely to be carcinogenic to humans."' (Fact Sheet for
Permit at 12; EPA IRIS, 1,4-Dioxane (CASRN 123-91-1), 2013 at 12.) However, the same
report also stated that there is "inadequate evidence of carcinogenicity in humans." (Id.)
Additionally, in December 2020, the EPA issued its Final Risk Assessment related to 1,4
dioxane. 86 Fed. Reg. 1,495 (Jan. 8, 2021); EPA Docket ID No. EPA-HQ-OPPT-2019-0238.
The related 1,4-Dioxane Final Risk Evaluation Non -technical Summary states, among other
things, "EPA has also evaluated exposures to the general population through surface water and
determined that 1,4-dioxane does not present an unreasonable risk to the general population
based on that exposure." EPA Docket ID No. EPA-HQ-OPPT-2019-0238-0110. For these
additional reasons, it appears DEQ's imposition of 1,4 dioxane limits in the Permit are unsupported.
D. Conclusion
On behalf of the City of Asheboro and the City of Greensboro, we respectfully request that
DEQ remove the Permit effluent limits for 1,4 dioxane prior to issuance of a final NPDES permit for
the Asheboro WWTP. DEQ does not have legal authority to impose such limits at this time, and its
attempt to do so in the Permit is erroneous, factually unsupported, arbitrary and capricious, and
contrary to applicable law.
We also respectfully request that instead of attempting to improperly implement 1,4 dioxane
limits in NPDES permits of municipal WWTPs, DEQ and EMC please reconsider undertaking
appropriate rulemaking regarding 1,4 dioxane in accord with all APA requirements — including
conducting thorough cost -benefit analyses. Rulemaking in accord with the APA may allow for more
transparent, informed, participatory, and rational policy -making benefitting the state, its environment
and all of its citizens. Attempting to regulate 1,4 dioxane at this time via NPDES permitting (without
legal authority or sufficient factual basis) appears likely to only result in litigation. Relatedly, the
City of Asheboro would welcome further discussions with DEQ to try to come to a reasonable
resolution of this matter — without the time, effort and expense of litigation for all parties.
Thank you for your attention and consideration.
Respectfully,
s/ Alex Elkan s/ George W. House
Alexander Elkan George W. House
C: Mr. Michael Rhoney, City of Asheboro
Mr. Michael Borchers, City of Greensboro
Daniel Smith, Esq.

EXHIBIT A

y Wn.
e,� 4 NORTH CAROLINA
f, Environmental Quality
Managing Emerging Compounds in Water
The N.C. Division of Water Resources is implementing several projects associated with
compounds of concern, or emerging compounds. Studies were conducted in 2018, 2020 and
2021, and are ongoing in 2022, to characterize the presence of these compounds in various
water supply reservoirs across the state. Efforts are underway to develop an overall
management strategy to reduce the Levels of these compounds in the Cape Fear River
Basin.
Emerging compounds, such as 1,4 dioxane and PFAS, do not currently have federal water
quality standards. Data coLLected and reviewed as part of the U.S. Environmental Protection
Agency (EPA) Safe Drinking Water Act (SDWA) Third Unregulated Contaminant Monitoring
Rule has indicated elevated concentrations of these compounds in drinking water that
originated from the Cape Fear River Basin. In addition, monitoring performed
(/about/divisions/water-resources/water-resources-data/water-sciences-home-pagel1-4-
dioxane)by DWR has confirmed the presence of these compounds in surface waters within
the Cape Fear River Basin.
Recent Developments & Actions
June 2022:
• Audio recordings of June 21 and June 23 pubLic hearings on draft permit for Chemours
Outfall 004.
• EPA Announces New Drinking Water Health Advisories for PFAS Chemicals
https: [/www.epa.gov/newsreLeasesIepa-announces-new-drinking-water-health-
advisories-pfas-chemicals-l-biLLion-bipartisan
• State agencies responding to release of EPA health advisories for four PFAS
compounds I NC DEO (http—s-jLde—q.nc.gov/news press-reLeases 12022/06/15/state-
agencies-responding-release-epa-health-advisories-four-pfas-compounds)

December 2021: EPA Announces Nationwide Monitoring Effort to Better Understand Extent
of PFAS in Drinking Water (https:llwww.epagov/newsreleases/epa-announces-nationwide-
monitoring-effort-better-understand-extent-pfas-drinking)
Data & Test Results
Statewide 1,4 dioxane Sampling ResuLts
(https: experience.arcgis.com experience/Obe3d6e45b3c4c5da10305dc8cc195c7)
— Groundwater and Surface Water Quality Standards Actions
Groundwater Standards
DWR continues to assess new information and stays updated on federal actions
regarding standards development, including the establishment of national primary
drinking water regulations for PFOA and PFOS as outlined in the EPA's PFAS Strategic
Roadmap https:llwww.epa.gov pfas pfas-strategic-roadmap—eepas-commitments-action-
2021-2024). More information on North Carolina's groundwater standards can be found
at Groundwater Standards (https: deq.nc.gov/about/divisions/water-resources/water-
pLanning/classification-standards/groundwater-standards-0).
Surface Water Quality Standards
DWR has established 1,4-Dioxane in -stream target values (ITVs) of 0.35 ug/L in surface
waters classified as water supplies and 80 ug/L in all other surface waters. ITVs
provide numeric regulatory values for substances that do not have existing water
quality standards in 15A NCAC 02B .0200. ITVs are developed based on the narrative
standard for toxic substances in 15A NCAC 02B .0208 and are implemented as
surface water quality standards.
DWR has proposed the codification of these ITVs into the 15A NCAC 02B .0200
(https-dLd eq. nc.gov/d oc u me nts In c-stds-su rf ace-tri rev- p Loposed-02b-0200) Surface
Water Quality Standards as part of the current 2020-2022 Surface Water Triennial
Review. This triennial review is currently in progress.
More information about the 2020-2022 Surface Water Triennial Review, including an
estimated ruLemaking timeline, can be found at Surface Water Standards
(https-dLdeq.nc.gov/about/divisions/water-resources/planning/cLassification-
standards/surface-water-standards#TrienniaLReviewinfo).

North Carolina Surface Water Quality Standards, In -Stream Target Values,
Groundwater Standards, and IMACs for Protection of Health and the Environment
(Scroll to view aLL six columns in the table)
Substance
Current
Effective
Resource
Concentration
Date
1,4-dioxane
PFOA
PFOS
1,4-dioxane
PFOA/PFOS
I�
GenX
Groundwater 3 ug/L (ppb) 4/1/2013
Groundwater 2 ug/L (ppb) 12/6/2006
Groundwater None N/A
Surface Water
80 ug/L for non -
water supply
r None
Drinking Water 140 ng/L (ppt)
Surface Wate
0.35 ug/L (ppb) for
water supply
Showing 1 to 6 of 6 entries
+ PFAS Foam Information
Investigating Foam
Cancer slope
factor was
posted in
2010 on US
EPA IRIS
database
N/A
7/1/2017
The North Carolina Department of Environmental Quality (DEQ) is investigating the
formation, composition and potential. sources of surface water foam. Staff are currently
conducting research to determine the frequency of foam present in state waterways
and responding as appropriate to reports of foam.

Since June 2020, DEQ's Division of Water Resources has been responding to reports
by residents who observed unusual foam appearing on nearby creeks or after rain
events. While there is not a certified testing method for foam, the samples have been
found to contain elevated levels of PFAS or per- and polyfluoroalkyl substances.
Surface water samples coLLected around and under the foam contained considerably
Lower Levels of PFAS.
NOTE: PFAS substances, environmental poLLution and other harmful bacteria can
intermingle within natural foams. Laboratory analysis, using proper sampling
techniques, is the only way to determine if a foam contains PFAS or any other harmful
bacteria or pollutants.
As a precaution, the N.C. Department of Health and Human Services recommends
avoiding contact with all foam, especiaLLy for children and pets, and to immediately
wash with soap and water any skin or clothing that comes into contact with foam. Pets
should be thoroughly rinsed off with clean water.
Testing Foam for PFAS
Presently there is no method approved or certified by the U.S. Environmental
Protection Agency (EPA) for collecting or testing of surface water foam. Foam
coLLection methods are in the early stages of development nationwide. However, DEQ
is coLLaborating with other states reporting surface water foam, including Minnesota,
Wisconsin and Michigan, to develop an effective collection and testing protocol. DEQ
is also sharing information with the EPA.
Recognizing Naturally Occurring Foam
Foam on water can be a natural occurrence when rainfaLL and wind mix up fatty
substances and gases from decomposing plants and aquatic animals. The
concentration, or build up, of the organic compounds changes the physical nature of
the water, making it easier for foam to form. Wind turbulence and wave action at the
shoreline pushes air into the water which mixes with organic compounds and forms the
bubbles in foam. Currents and boats also churn the water and mix air with the organic
compounds in the water to produce naturally occurring foam. Foam can appear year-
round on Lakes and streams, as long as there is open water.
Naturally occurring foam has the foLLowing typical characteristics:
• is off-white and/or brown,

• may have an earthy or fishy smell, and/or
• often coLLects in bays, eddies or river blockages.
Identifying PFAS Foam
The only way to be certain a foam substance contains PFAS is to have it tested by a
certified Laboratory. However, there appears to be some distinguishing characteristics
of PFAS foam such as it can be bright white and tends to pile up like shaving cream.
+ Management Strategy for Industrial Dischargers and Pretreatment
Facilities
DWR required publicly owned utilities with pretreatment programs (POTWs) and
industrial dischargers with state permits
(http_//edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1007088)in the
Cape Fear River Basin to screen for a set of emerging compounds in wastewater.
These permit holders were required to sample for 1,4 dioxane and per- and
polyfluoroaLkyl substances, known as PFAS, for three consecutive months. The
monitoring effort is part of an ongoing management strategy to address some of these
compounds in surface water and results for both rounds of sampling are included in
the interactive map.
View Map []
POTWs
The map shows each of the 28 Publicly Owned Treatment Works (POTWs) and the
water supply intakes Located in the Cape Fear River Basin. DWR required sampling of
the influent (or incoming wastewater stream) at these facilities because they receive
wastewater from industrial sources that may contain 1,4 dioxane or one or more of the
per- and polyfluoroaLkyl substances known as PFAS. Sampling was performed over a
three-month period starting in July 2019.
1,4 Dioxane
The 1,4 dioxane influent sampling results from all 28 POTWs indicated that there
were three POTWs of primary concern belong to Greensboro, ReidsviLLe, and Asheboro.
The results from the remaining POTW samples were significantly Lower and are not

anticipated to cause levels at downstream water intakes to exceed the EPA drinking
water health advisory of 35 micrograms per Liter (ug/L), or parts per biLLion (ppb).
• Notices of Violations have been issued to Greensboro and ReidsviLLe and
additional monitoring and enforcement actions are underway to Limit and enforce
reductions of 1,4 dioxane in their discharge.
• Asheboro's corrective action plan states that an industrial user in their
pretreatment program is instaLLing best available treatment technology to reduce
1,4 dioxane in its discharge to the wastewater treatment plant. That treatment
technology was instaLLed in November 2020. Asheboro's POTW does not directly
discharge to a water supply.
PFAS Compounds
The PFAS influent sampling results from the POTWs indicate that one facility is
potentiaLLy affecting a downstream water intake. One sampling event at Sanford's Big
Buffalo POTW showed influent Levels that may cause an instream concentration of
PFOS, PFOA, or the sum of PFOS and PFOA to exceed EPA's drinking water health
advisory of 70 nanograms per liter (ng/L), or parts per triLLion (ppt), at Sanford's water
supply intake.
• DEQ has initiated ongoing monthly sampling and source identification measures
with the city of Sanford.
• Influent sampling results from the other 24 POTWs showed PFOS and PFOA at
concentrations that would not cause a downstream water supply to exceed EPA's
drinking water health advisory of 70 ng/L at the intake.
Industrial Dischargers
The effluent sampling from the 20 Industries and Groundwater Remediation (GWR)
Sites was performed over a three-month period starting in Oct. 2019. DWR required
sampling at these facilities because they either had a history of discharging 1,4-dioxane
indicator compounds or are industry types that are historicaLLy linked to the discharge
of 1,4 dioxane or one or more of the PFAS compounds. Several facilities completed
sampling in May and aLL results were submitted by the end of June 2020. The division
reviewed all data and updated the map to include all the industrial facilities and data
received.
DWR continues to investigate aLL potential sources of 1,4 dioxane and PFAS
compounds in state waters and is using this information to help guide additional
actions to protect downstream water supplies.

+ 1A Dioxane Investigation in the Cape Fear River
1,4-dioxane data coLLected from established DWR ambient water quality monitoring
stations may be viewed on this Dashboard
(https-jLexperience.arcgis.comlexperience/Obe3d6e45b3c4c5da10305dc8cc195c7).
1,4-dioxane is a clear Liquid that is highly miscible in water. It has historicaLLy been
used as a solvent stabilizer and is currently used for a wide variety of industrial and
manufacturing purposes. The compound can be found in industrial. solvents, paint
strippers and varnishes, and is often produced as a by-product of chemical. processes
to manufacture soaps, plastics, and other consumer products. PFAS compounds are
most often associated with nonstick coatings, plating operations, firefighting foams,
and stain- and water-resistant treatments for clothing, furniture and carpeting.
Since 2014, the Division of Water Resources has been sampling for 1. 4 dioxane in the
Cape Fear River Basin (https: deq.nc.gov/about/divisions/water-resources/water-
resources-data/water-sciences-home-page/1-4-dioxane), after seeing elevated
concentrations reported as part of the Environmental Protection Agency's Third
Unregulated Contaminant Monitoring Rule (UCMR3).
Elevated Levels of 1,4 dioxane were identified downstream of the Greensboro,
Reidsville, and Asheboro wastewater treatment plants, and DWR has worked in
coLLaboration with those facilities to reduce the discharge. To help facilitate the effort,
DWR required all three cities to submit corrective action plans outlining steps to
reduce the substance from their discharge. DWR also encouraged the pretreatment
programs in the Cape Fear Basin to have the Division of Environmental Assistance and
Customer Service's Waste Reduction Partners work with their industry dischargers to
reduce or eliminate their 1,4-dioxane effluent. In addition, DEQ is working to determine
and assess any additional sources of 1,4 dioxane contribution in the basin beyond the
dischargers that may be causing contaminated groundwater to infiltrate into surface
water.
Monthly sampling for 1,4 dioxane has been coLLected by the permittees once per month
since Dec. 2017 and submitted on the discharge monitoring reports. To see the
discharge monitoring report data, go to the interactive map.
https:[/ncdenr.maps.arcgis.com apps opsdashboard/index.htmL#/a3ae94c8971b4cObb8

Weekly sampling for 1,4 dioxane at the Greensboro and ReidsvilLe wastewater
treatment plants was initiated when DWR learned about the elevated levels of 1,4
dioxane in Pittsboro's drinking water in October 2019. In early November, staff also
started sampling at the East Burlington wastewater treatment plant on the Haw River.
That data wiLL be released once it has been reviewed.
On November 14, 2019 DEQ issued notices of violation (/water-resources/reidsville-
greensboro-combined2/download) to the wastewater pre-treatment programs for the
cities of Greensboro and Reidsville for recent 1,4 dioxane discharges that violated
water quality standards and the conditions of their wastewater permits.
Links to NPDES permit information for Greensboro, Reidsville and
Asheboro
Greensboro NPDES permit documents
(https:(/edocs.deq.nc.gov/WaterResources/Browse.aspx?
id=536324&dbid=0&repo=WaterResources)
Reidsville NPDES permit documents
(http_//edocs.deq.nc.gov/WaterResources/Search.aspx?
dbid=0&searchcommand=%7B%5B%5D%3A%5BID%20%23%5D%3D%22NC0024881%:
Asheboro NPDES permit documents
(http_//edocs.deq.nc.gov/WaterResources/Search.aspx?
dbid=0&searchcommand=%7B%5B%5D%3A%5BID%20%23%5D%3D%22NC0024881%:
News Releases about the ongoing investigation
Nov. 15, 2019: DEQ issues violation notices to Greensboro and Reidsville for 1.4
dioxane discharges ( news press-releases/2019/11/15/deq-issues-violation-notices-
greensboro-and-reidsvi Lle-14-dioxane)
Oct. 22, 2019: DEQ investigating 1.4 dioxane Levels from ReidsvilLe. notifying utilities
( news press-reLeasesl20l9/10/221deg-investigating-14-dioxane-levels-reidsviLLe-
notifying-utilities)
Oct. 15, 2019: DEQ Investigating 1.4 Dioxane Release ( news press -
re Leases 12019110115Ideq-investigating-l4-dioxane-release)

T.Z. Osborne WWTP - Special Order by Consent
EMC SOC WQ S19-010 (water-qualitylquifer-protection/afo/permits/s19-010-tz-
osborne-wwtp-soc-final-signed/download) - SOC between the EMC and the City of
Greensboro (approved at the March 11, 2021 EMC meeting)
EMC Meeting March 11, 2021 Attachments:
• Hearing Officer's Report (with supplementaL appendices and SOC signed by the
City of Greensboro) (/coastal -management gis/data/esmp=
data/2009/november/attachments) g21-12-attachments/attachment-s19-010-
hearing-officer-report-and-appendices/downLoad)
• T.Z. Osborne WWTP 1.4-dioxane Effluent Data (coastaL-
management gis/data/esmp-data/2009/november/attachments/ag21-12-
attachments/attachment-b-l-4-dioxane-effluent-data/down Load)
• Notice of Violation and City of Greensboro's Response (coastaL-
management gis/data/esmp-data/2009/november/attachments/ag21-12-
attachments/attachment-c-deq-nov-and- perm ittee- response /downLoad)
• T.Z. Osborne WWTP Composite Sampling Plan (coastaL-
management gis/data/esmp-data/2009/november/attachments/ag21-12-
attach ments/attachment-d-tzo-composite-sampling=plan/downLoad)
• EPA 1.4-dioxane 2018 Health Advisory_(/coastal-manag m n gis/data/esmp=
data/2009/november/attachments) g21-12-attachments/attachment-e-epa-1-4-
dioxane-health-advisory-2018/download)
• Public Notice ffittps-LLdeq.nc.gov/news press- releases12020/11/24/public-
comment-period-extended-special-order-consent-city_greensboro) - Date extension
of second announcement (comment period ends December 14, 2020)
• Public Notice
(http_//files.nc.gov ncdeq/Surface%20Water%20Protection/NPDES/permits/SOC-
S19-010-Second-Public-Notice---Newspaper.pdf) -Second announcement
(comment period ends December 9, 2020)
• SOC S19-010
(http_//files.nc.gov ncdeq/Surface%20Water%20Protection/NPDES/permits/S19-
010-Signed-SOC-to-hearing-10-14-2020.pdf) - Updated from first public notice
• Frequently Asked Questions
-(http://fiLes.nc.gov/ncde /Surf ace%20Water%20 Protection IN PD ES/perm its/Sl 9-
010-TZ-Osborne-WWTP-FAQ-finaL.pdLf)

• Public Hearing Announcement
(http_//fiLes.nc.gov ncdeq/Surface%20Water%20Protection/NPDES/permits/SOC-
S19-010-Second-Public-Notice.pdf)
• Register for December 9 Public Hearing
(https:[/forms.office.com/Pages ResponsePage.aspx?id=3lF2etC5mkSFw-
zCbNftGRcM2xmuszROiks3JDQp2 RUOE83MDLQTDA5VUxHUFNDOTQzROtDMELY
• Instructions on how to join a WebEx meeting (https: heLp.webex.com/en-us/)
• Public Notice ( water-qualitylquifer-protection/afo/permits/soc-s19-010-public-
notice-signed/download) - First announcement (public comments ended July 24,
2020)
• Draft SOC S19-010 ( water-qualitylquifer-protection/afo/permits /s19-010-draft-
soc-pn/download) - First public notice
+ Groundwater Sampling
The Groundwater Management Branch (GWMB) is evaluating PFAS occurrence and
distribution in groundwater across North Carolina via DWR's statewide Monitoring Well
Network. The GWMB is currently sampling approximately 500 of the —700 wells in the
network, which encompasses aLL the state's major aquifers and river basins. This
project is expected to be completed around 2025-2026. PFAS data from this effort is
being made publicly available here
(https://ncdenr.maps.arcgis.com/apps/webappviewer/index.htmL?
id=6a0293762cf249ed92b657bd967465cf) and is updated periodicaLLy as new data
becomes available. To Learn more about DWR's monitoring weLL network and to view or
download data, visit the GWMB's home page (https:[jwww.ncwater.org/?page=20) and
the groundwater quality (https://www.ncwater.orq/?page=740) and groundwater
education and information (https://www.ncwater.org/?page=356) pages.
Well Testing in New Hanover County
DEQ continues to investigate the presence of PFAS compounds in groundwater weLLs
Located in New Hanover County. Since May 2019, staff have performed multiple rounds
of groundwater sampling in public water supply wells and DEQ ambient groundwater
monitoring wells.

Detections of GenX to date in public water supply wells are below the provisional
drinking water health goal set by DHHS in 2017. The 2019 public water supply weLL
sampling results for PFOA and PFOS were below the Lifetime health advisory level set
by the EPA in 2016. Sampling results at one public water supply weLL in 2020 sLightly
exceeded the Lifetime health advisory level for PFOA and PFOS. DEQ is preparing to
resample this weLL and monitor any changes to groundwater quality results.
DEQ wiLL continue to sample public water supply weLLs, groundwater monitoring wells,
and surface water to further define the extent of the PFAS compounds in groundwater.
This page wiLL be updated with the sampling results as they become avaiLabLe. The
ongoing testing and assessment is being coordinated with New Hanover County Health
Department and Cape Fear Public Utility Authority.
2019 - 2021 PFAS Sampling ResuLts (https: deq.nc.gov dwr-gwr-Lcfr-pfas-data-2019-
2021)
Map of New Hanover County sampling Locations (https-/Ideq.nc.gov/medial26040)
Please note: The yellow diamonds reference monitoring wells and the blue squares
reference public water supply wells.
+ Surface Water Sampling
The Division of Water Resources conducted two studies in 2020 to provide baseline
information on the presence of PFAS and 1,4-dioxane in public drinking water supply
reservoirs. These reports include the Study for the Ongoing Assessment of Water
uality in B. Everett Jordan Lake, Including Identification of Select Emerging
Compounds: 2020 Results (https-dLdeq.nc.gov/medial261801downLoad ?attachment)
and Identification of Select Emerging Compounds in Public Water Supply Reservoirs of
the Neuse River Basin (ht ps-dLdeq.nc.govjmedia/26655/download?attachment).
In 2018, the Division performed three studies to characterize the presence and
concentrations of select emerging compounds (EC) in B. Everett Jordan Reservoir and
its immediate watershed (/documents/files/ec/identification-select-emerging=
compounds-b-everett/download), Falls Lake and its immediate watershed
(idocuments/fiLes /ec/identificaton-select-emerging-compounds-faLLs/downLoad) and

in various public water suppLy_(PWS) reservoirs in the Cape Fear, New and Watauga
River Basins. (/documents/files/ec/identification-select-emerging-compounds-pubLic-
water/download)
Monitoring continues across the state to further evaluate potential source areas as the
division establishes PFAS analyticaL capabilities. The division wiLL also use the UNC
Policy CoLLaboratory's (httpp_//ncpfastnetwork.com/) data from drinking water intakes
when available to help identify future sampling locations.
Analytical Results for PFAS Screening of Select Public Water Supply Reservoir
(https://www.ncwater.org index.php?page=690&Action=dLLakesData&nohead=1)
Emerging Compounds
Air QuaLi y Work on Emerging ompounds ( new key-issues/emerging-compounds/air-
quality-and-emerging-compounds)
Emerging Compounds: Resources ( news key-issues/emerging-compounds/emerging_
compounds -resources)
Waste Management Work on Emerging Compounds ( news key-issues/emerging=
compounds/waste-management-work-emerging-compounds)
Water Resources Work on Emerging Compounds (/news/key-
issues/emerging-compounds/managing-emerging-compounds-water)
https://deq.nc.gov/news/key-issues/emerging-compounds/managing-emerging-compounds-water

EXHIBIT B

RULES REVIEW COMMISSION MEETING
MINUTES
May 19, 2022
The Rules Review Commission met on Thursday, May 19, 2022, in the Commission Room at 1711
New Hope Church Road, Raleigh, North Carolina, and via WebEx.
Commissioners Andrew Atkins, Wayne R. Boyles III, Bobby Bryan, Margaret Currin, Jeanette Doran,
Jeff Hyde, Barbara Jackson, Randy Overton, Paul Powell, and Bob Rucho were present in the
Commission Room.
Staff members Alexander Burgos; Commission Counsel Lawrence Duke, Brian Liebman, and Bill
Peaslee were present in the room.
The meeting was called to order at 9:01 a.m. with Chair Doran presiding.
The Chair read the notice required by G.S. 138A-15(e) and reminded the Commission members that
they have a duty to avoid conflicts of interest and the appearance of conflicts of interest.
The Chair advised the Commission that all RRC members were present in the room, therefore, roll
call votes are not required. The RRC members were instructed to respond with ayes or noes during
the votes in this meeting.
The Chair notified the Commissioners that the following items on the agenda would be taken up out
of order at the end of the agenda: Follow-up matters Tab B - Environmental Management Commission
02B, Tab C - Environmental Management Commission 02H, and Tab D - Marine Fisheries
Commission.
APPROVAL OF MINUTES
The Chair asked for any discussion, comments, or corrections concerning the minutes of the April 21,
2022, meeting. There were none and the minutes were approved as distributed.
The Chair introduced OAH extern, Joseph Schulke of UNC Law, to the Commission.
The Chair introduced her intern, Elizabeth Trent of the Institute for Constitutional Law, to the
Commission.
FOLLOW UP MATTERS
Department of Environmental Quality
15A NCAC 01 C .0101, .0103, .0104, .0105, .0106, .0107, .0108, .0109, .0205, .0206, .0207, 0208,
.0304, .0305, .0306, .0405, .0406, .0407, .0408, .0409, .0410, and .0411 - All rewritten rules were
unanimously approved.
Environmental Management Commission
15A NCAC 02B .0202, .0211, .0219, .0220, .0301, and .0311 were unanimously approved.
The Commission objected to 15A NCAC 02B .0208, .0212, .0214, .0215, .0216, and .0218 with
Commissioners Atkins and Bryan voting against.

The Commission determined that each proposed Rule, as amended, had not been adopted in
accordance with Part 2 of Article 2A of the APA. See G.S. 150B-21.9(a)(4).
The APA requires that, prior to publishing notice of the proposed text of a rule, the State agency must
prepare a fiscal note that assesses the costs imposed by the rule to the greatest extent possible and
state the amount of funds that would be expended pursuant to the rule. This allows both the public
and regulated entities the opportunity to give informed comment, either to the agency during the rule
adoption process, this Commission during the rule review process, or the legislature once the rule has
been approved. See G.S. 15013-21.2(e) and (f); 150B-21,3(b2).
Specifically, the Commission determined that the Environmental Management Commission had not
complied with the requirements of G.S.150B-21.4 when it proposed the inclusion of 1,4-dioxane in -
stream target values in surface water standards set by 15A NCAC 02B .0208, .0212, .0214, .0215,
.0216, and .0218. EMC achieved this by setting baseline target values for 1,4-dioxane through
regulatory policy and permitting agreements instead of through the rule -making process required by
law, then using these values as the baseline when submitting the addition of 1,4-dioxane target values
to these rules for OSBM fiscal impact analysis. This resulted in the fiscal note concluding there would
be no additional fiscal impact because there would be no change in in -stream target values. The fiscal
note stated this even though adding 1,4-dioxane into EMC's regulatory rules would require treatment
processes that are, in EMC's own words, "prohibitively expensive for local governments and the
citizens served by public utilities," and yet EMC's fiscal note "did not attempt to monetize costs"
because the baseline target values were already in place. This is not sufficient to satisfy the APA as
costs must be quantified to the greatest extent possible and published with or before the publication
of the notice of text of the proposed rule.
The RRC is not taking the position that EMC is not allowed to add 1,4-dioxane target values into its
rules. That is a policy decision it alone may make. However, it must do so in the manner prescribed
by law. The Commission is simply requiring of EMC, as it would require of any other rule -making body
within the State, that it follow the good -governance requirements of the APA rule -making process and
transparently assess and make known to regulated entities and the citizens of this State the fiscal
impact of proposed rules and proposed rule amendments.
Robert El-Jaouhari of Cranfill Sumner, addressed the Commission.
Sean Sullivan, with the Fayetteville Publics Works Commission, addressed the Commission.
Phillip Reynolds with the department of Justice, and representing the agency, addressed the
Commission.
Anca Grozav, with Office of State Budget & Management, addressed the Commission.
Environmental Management Commission
The Commission objected to 15A NCAC 02H .1301, .1401, .1402, .1403, .1404, and .1405 in
accordance with G.S. 150B-21.10 with Commissioners Atkins, and Bryan voting against.
Specifically, the Commission found the agency lacked statutory authority to adopt 15A NCAC 02H
.1301, .1401, .1402, .1403, .1404, .1405 as the agency was barred from doing so pursuant to G.S.
150B-19.3(a). Further, the Commission found the definition of the term "impact" in Rule 15A NCAC
.02H .1401, and as applied to Rules .1402, .1403, .1404, and .1405 was unclear and ambiguous as it
did not provide certainty as to what acts were subject to regulation. Finally, the Commission found
that the post -publication changes from "discharge" to "impact" in Rule 15A NCAC 02H .1401, and as
applied to Rules .1402, .1403, .1404, and .1405 amounted to a substantial change pursuant to G.S.

150B-21.2(g)(3), in that it produced an effect that could not reasonably have been expected based on
the proposed text of these Rules.
Kelly Moser, with Southern Environmental Law Center, addressed the Commission.
Norton Webster, with Eco Terra, addressed the Commission.
Chris Millis, with North Carolina Home Builders Association, addressed the Commission.
Phillip Reynolds with the Department of Justice, and representing the agency, addressed the
Commission.
Sue Homewood, with DEQ — Division of Water Quality, addressed the Commission.
Marine Fisheries Commission
15A NCAC 031 .0101, .0104, .0105, .0113, .0114, .0118; 03J .0101, .0105, .0109, .0110, .0301, .0302,
.0305, .0501, .0502, .0503, .0504, .0505; 03K .0101, .0102, .0103, .0104, .0105, .0106, .0107, .0108,
.0109, .0111, .0201, .0202, .0204, .0205, .0207, .0208, .0209, .0301, .0302, .0304, .0305, .0401,
.0505, .0507; 03L .0101, .0102, .0103, .0105, .0201, .0202, .0203, .0204, .0205; 03M .0201, .0202,
.0204, .0205, .0503; 03N .0104, .0105; 030 .0101, .0102, .0103, .0104, .0105, .0107, .0109, .0110,
.0111, .0113, .0203, .0205, .0206, .0207, .0208, .0210., .0211, .0301, .0302, .0303, .0401, .0402,
.0403, .0404, .0405, .0406, .0502, .0504; 03P .0101; 03R .0110, .0111, .0118; 18A .0135, .0302,
.0303, .0304, .0425, and .0912 were unanimously approved.
The Commission objected to 15A NCAC 030 .0114 and .0209 in accordance with G.S. 15013-21.10.
With respect to 15A NCAC 030 .0114, the Commission found that the agency lacked statutory
authority to criminalize evasion of service of written notice of the suspension or revocation of licenses
issued under Article 14A, Article 14B, and Article 25A of Chapter 113 of the North Carolina General
Statutes.
With respect to 15A NCAC 030 .0209, the Commission found that the agency lacked statutory
authority to condition the transfer of a shellfish lease or franchise on approval by the Division of Marine
Fisheries, to require the use of a form provided and approved by the Division, or to limit the size of a
transfer.
Phillip Reynolds with the Department of Justice, and representing the agency, addressed the
Commission.
Jennifer Everett, the rulemaking coordinator with the agency, addressed the Commission.
Coastal Resources Commission
15A NCAC 07H .1701, .1702, .1703, .1704, .1705, .1901, .1902, .1903, .1904, .1905, .2501, .2502,
.2503, .2504, and .2505 - The agency is addressing the technical change requests from the April
meeting. No action was required by the Commission.
Wildlife Resources Commission
15A NCAC 10D .0106 — The rewritten rule was unanimously approved.
In accordance with G.S. 150B-21.3(b2), the Commission received over ten letters of objection
requesting legislative review and a delayed effective date of 15A NCAC 10D .0106.

LOG OF FILINGS WERMANENT RULES
Office of the State Auditor
03 NCAC 01 .0301 was unanimously approved.
Commerce - Division of Employment Security
All rules were unanimously approved.
Department of Natural and Cultural Resources
All rules were unanimously approved except for 07 NCAC 02H ,0306,
The Commission objected to 07 NCAC 02H .0306 finding that the rule was not reasonably necessary
to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of
federal agency, pursuant to G.S. 150B-21.9(3).
Environmental Management Commission
All rules were unanimously approved.
Wildlife Resources Commission
15A NCAC 100 .0301, .0302, .0304, .0305, .0306, .0307, .0308, .0313, .0314, .0318, .0319, .0321,
.0322, .0323, .0324, .0325, .0326, .0401, .0402, .0404, .0405, .0406, .0407, .0409, .0410, .0411,
.0412, .0413, .0414, A415, .0416, .0417, .0418, .0419, .0420, .0421, .0422, .0423, .0424, .0425,
.0426, .0427, .0428, .0429, .0430, .0701; 10F .0312, .0317, .0318, .0323, .0327, .0333, .0336, .0354,
and, .0378 were unanimously approved.
The Commission extended the period of review for 15A NCAC 10D .0103, .0209, .0226, .0229, .0230,
.0239, .0240, .0243, .0260, and .0276 in accordance with G.S. 15013-21.10. They did so in response
to a request from the agency to extend the period of review through the end of the 2022 Legislative
Session of the General Assembly, as one or more of these rules await legislative review.
15A NCAC 10C .0101, .0102, .0103, .0104, .0105, .0106, .0107, .0108, .0109, .0110, and .0111 were
withdrawn at the request of the agency. No action was required by the Commission.
In accordance with G.S. 150B-21.3(b2), the Commission received over ten letters of objection
requesting legislative review and a delayed effective date of 15A NCAC 10C .0301, .0302, .0304,
.0305, .0306, .0307, .0308, .0313, .0314, .0318, .0319, .0321, .0322, .0323, .0324, .0325, .0326,
.0401, .0402, .0404, .0405, .0406, .0407, .0409, .0410, .0411, .0412, .0413, .0414, .0415, .0416,
.0417, .0418, .0419, .0420, .0421, .0422, .0423, .0424, .0425, .0426, .0427, .0428, .0429, .0430, and
.0701.
.ferry Schili, with N.C. Fisheries Association, Inc., addressed the Commission.
Board of Architecture and Registered Interior Designers
All rules were unanimously approved.
Real Estate Commission
All rules were unanimously approved.
Building Code Council
All rules were unanimously approved.
The Chair called the meeting into a brief recess at 10:53 a.m.
The meeting resumed 11:02 a.m.

LOG OF FILINGS (TEMPORARY RULES)
DHHS - Division of Aging and Adult Services
10A NCAC 06Q .0201 — During the meeting, and prior to the review of this Rule, the agency requested
to withdraw the rule. No action was required by the Commission.
Raj Prem Kumar, with the Department of Justice, and representing the agency, addressed the
Commission.
Social Services Commission
10A NCAC 06T .0201 — During the meeting, and prior to the review of this Rule, the agency requested
to withdraw the rule. No action was required by the Commission.
Raj Prem Kumar, with the Department of Justice, and representing the agency, addressed the
Commission.
State Board of Education
16 NCAC 06E .0204 - The Commission objected to the temporary rule in accordance with G.S. 150B-
21.1 (b). Specifically, the Commission objected to the rule for lack of statutory authority. Specifically,
the Commission found that the State Board of Education lacked statutory authority to delegate the
authority to waive student eligibility requirements to an administering organization.
Ashley Carroll, with the Davidson County Schools, addressed the Commission.
Brandon Walker, with the agency, addressed the Commission.
Department of Transportation - Division of Motor Vehicles
Prior to the review of the rule from the Department of Transportation - Division of Motor Vehicles,
Commissioner Bryan recused himself and did not participate in the vote or discussion of the rule
because his family is currently in litigation with the agency.
19A NCAC 03K .0103 was approved.
COMMISSION BUSINESS
The meeting adjourned at 11:28 a.m.
The next regularly scheduled meeting of the Commission is Thursday, June 16, 2022, at 9:00 a.m.
urgos,
Mir rfeVapproved by the Rules Review Commission:
J rnette Doran, Chair

May 19, 2022
Rules Review Commission
Meeting
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Rules Review Commission Meeting „May 19, 2022
Via WebEx
Name
Agency
Dee Lupton
DEQ
Lara Klibansky
DEQ
Robin Smith
Smith Environment
Cassie Gavin
Sierraclub.org
Lou Martin
DPI
Jeff Poupart
DEQ
Catherine Blum
MFC
Zoe Gabrielson
Selcnc.org
Shawn Maier
DOJ
Evelyn Hawthorne
Caroline Spence
Selcnc.org
Keith Larick
Farms Bureau
Shazia Keller
DHHS
Mallory Sparks
parkerpoe.com
Elizabeth Kountis
DEQ
Anna Hayworth
Agriculture
Dustin Doty
FAY PWC
Dennis Seavers
Barber Board
Carrie Hollis
OSBM
Carrie Pickett
DEQ
Heather Burkhardt
nccoalitiononaging,org
Canaan Huie
mvalaw.com
Craig Bromby
Bridget Shelton
DEQ
Cassie Gavin
sierraclub.org
James West
FAY PWC
Jason Walsh
DEQ
Grady Mccallie
ncconservationnetwork.org
D Hargrove
DEQ
Anca Grozav
OSBM
Russell Henderson
DOJ
Glen Peterson
DES
Melissa Vuotto
NCREC
Brandon Walker
DPI
Anne Coan
NCFB
Zoe Gabrielson
Selcnc.org
Jeff Manning
DEQ

Shelton Sullivan
DEQ
Brandi Salmon
DEQ
Judy Estevez
Auditor
Sean Sullivan
robinsonbradshaw.com
Dakota Loveland
Selcnc.org
Lara Klibansky
DEQ
Amanda Reeder
DOJ
Geoff Gisler
SELNC
Karen Higgins
DEQ
Corey Oakley
WRC
Laura Rowe
Treasurer
Jasper Stem
ncaggregates.org
Michael Briggs
WRC
Hannah Nelson
Selcnc.org
Monty Crump
gorockingham.com
Nadine Pfeiffer
DHHS
Jonathan Avery
DNCR
Betsy Haywood
WRC
Carl Martin
DOI
Julie Ventaloro
DEQ
Carl Keehn
DEQ
Paul Wojoski
DEQ
Tyler Barrick
ncbarch.org
Heather Carter
DHHS
Sharon Martin
DES
Tom Akins
leadingagenc.org
Nicole Cordano
oneprotest.org
Ross Smith
[e-mail]

EXHIBIT C

1 /23/23, 3:48 PM
An official website of NC G)
Surface Water Standards i NC DEQ
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NORTH CAROLINA
Environmental Quality
Surface Water Standards
Surface Water Quality Standards
• What Are Water Quality Standards?
• North Carolina's Legal Obligations & Responsibilities
• Water Quality Standards Tables & Variances
• Current Rulemaking
• Historical Triennial Review Information
What Are Water Quality Standards?
Water quality standards are state regulations or rules that serve to protect the lakes, rivers,
streams, and other surface waters of the state from the deleterious effects of pollution. Surface
waters are protected based on their designated "best uses" as defined in the surface water
classifications established in Title 15A of the North Carolina Administrative Code
.(httpILreports.oah.state.nc.us/nc ctitle%2015a%20-
%20environmental%20quality chapter%2002%20-
%20environmental%20management/subchapter%20b/subchapter%20b%20rules.pdf)
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 1 /13

1 /23/23, 3:48 PM
Surface Water Standards I NC DEQ
.(http: reports.oah.state.nc.us/ncac.asp).(NCAC) subchapter 02B. For more information on
surface water classifications, please see the Surrace Water Classifications
.(/about/divisions/water-resources/planning/classification-standards/classifications). webpage.
The current water quality standards for surface waters can be viewed
.(https:Uedocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2556476). in rules
15A NCAC 02B .0100 through .0300 (effective date: September 1, 2022).
Water quality standards are implemented through the issuing of permit limits to facilities with
National Pollutant Discharge Elimination http://www.epa.gov npdes). (NPDES) permits, the
establishment of water quality benchmarks for the Stormwater Permitting Program
(/aboutLdivisions/energy-mineral-land-resources/energy-mineral-land=permits/stormwater-
program)., and the development of Total Maximum Daily Loads (/about/divisions/water-
resources/planning/modeling-assessment/tmdls) (TMDLs). Water quality standards are also
used to determine the "use status" of surface waters. Waters that are meeting their prescribed
water quality standards and that have good biological communities are considered to be
supporting all of their uses. Waters that are not meeting these requirements may be
considered "impaired" and may require further analysis and, possibly, a management strategy.
More information on biological communities can be found on the Biological Assessment
Branch (/about/divisions/water-resources/water-resources-data/water-sciences-home-
page biological -assessment -branch). website. Information on impaired waters can be found on
the 303d Impaired Waters (/about/divisions/water-resources/planning modeling-
assessment/water-quality-data-assessment), website.
North Carolina's Legal Obligations & Responsibilities
States are required, under the Federal Water Pollution Control Act (http://www.epa.gov/iaws-
regulations/summary-ciean-water-act). (Clean Water Act), to review their water quality
standards and classifications every three years and to make any modifications necessary to
protect the waters of the state. During this process, known as a Triennial Review, DEQ staff
review current EPA guidelines, scientific data, and public comments and make
recommendations for any changes of the water quality standards to the North Carolina
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 2/13

1 /23/23, 3:48 PM
Surface Water Standards I NC DEQ
Environmental Management Commission (EMC)_(http:Z/deq.nc.gov/about/divisions/water-
resources/water-resources-commissions/environmental-management-commission)..
Following a stakeholder comment period, public hearings, and fiscal analysis, and upon
approval by the EMC, the Triennial Review package goes to the North Carolina Rules Review
Commission (RRC)_(https:,//www.oah.nc.gov/rules-division/rules-review-commission). for final
approval and adoption into state rule.
Water Quality Standards Tables & Variances
The following water quality standard tables are resources to be used as a reference for looking
up water quality standards or criteria for the waters of the state. They do not substitute for any
written regulations, nor are they regulations themselves. To use these tables: First, locate the
pollutant of interest in the left column. Next, read across the table to the right to find the water
quality standard or criteria related to the designated use associated with the water body of
interest. If a water body has multiple designated uses, the most protective standard or criteria
will be applied.
• NC Surface Water Quality Standards Table (https: deq.nc.gov/documents/nc-stdstable-
07262021)- Updated 7/26/2021
• NC Surface Water Quality Standards Variances (/documents/nc-stds-surface-trirev-
variances-2020).- Updated 12/02/2020
Current Rulemaking
Documentation related to current rulemaking actions can be found below.
Site -Specific Surface Water Quality Standard for Chlorophyll -a for High
Rock Lake
High h EPAApproval Letter (https:,/1edocs.deq.nc.gov/WaterResources/DocView.aspx?
dbid=0&id=2616163)
High Rock Lake EPA Decision Document
.(https:,//edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2616162),
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 3/13

1 /23/23, 3:48 PM
Surface Water Standards I NC DEQ
DWR Overview of HRL Chlorophyll a Site -Specific Standard Proposal - Version 2
.(https:fledocs.deq.nc.gov/WaterResources/DocView.aspx?
i d=2405986&d bid=0&repo=WaterResou rces).
High Rock Lake Hearing Officer's Report
.(https:,//edocs.deq.nc.gov/WaterResources/DocView.aspx?
i d=2405988&d bid=0&repo=WaterResou rces).
HRL Presentation - EMC July 2022 (https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
i d=2406001&d bid=0&repo=WaterResources).
Public Notice (/documents/sw-hrl-2021-publicnotice) - Includes information regarding the
proposed rulemaking actions for the site -specific chlorophyll -a standard for High Rock Lake
and information for the public hearing associated with this rulemaking.
Proposed rule amendments:
• 15A NCAC 02B .0211 (/documents/sw-hrl-2021-02b-0211).
Summary of the proposed rule amendments:
• A site -specific chlorophyll -a standard for High Rock Lake is proposed to be added to the
15A NCAC 02B .0211 rule.
• The proposed site -specific standard rule language can be viewed in the 15A NCAC 02B
.0211 rule linked above under "Proposed rule amendments".
• The proposed site -specific standard was developed as part of the North Carolina Nutrient
Criteria Development Plan and establishes a chlorophyll -a standard that is designed to
address nutrient -related impacts to the designated uses of High Rock Lake. The proposed
standard considers magnitude, duration, frequency, spatial, and temporal (seasonal)
components and also provides a site -specific narrative standard. For more information on
the development of the site -specific standards see the NC DWR Overview of High Rock
Lake (HRL) Chlorophyll a Site -Specific Standard Proposal document and the NCDP Science
Advisory Council A Chlorophyll a Criterion for High Rock Lake (May2020), both linked
below.
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 4/13

1 /23/23, 3:48 PM
Surface Water Standards I NC DEQ
• The existing 15A NCAC 02B .0211 chlorophyll -a surface water standard will continue to
apply in all other surface waters.
Public comments (csrrb public-comments-2021/high-rock lake-public-
comments/download?attachment).
These comments are an Adobe PDF Portfolio, not a standard PDF. It is recommended that you
use Adobe Acrobat software to view it, as third party PDF viewers may not be able to correctly
display it.
Recording of October 28, 2021 Public Hearing (https:j.jyoutu.be/GIh3WZ8zM0o)
Additional information:
• Regulatory ImpactAnalysis (Locuments sw-hrl-2021-ria)
• North Carolina Nutrient Criteria Development Plan
(https://deq. nc,gov/a bout/divisions/water-resources/water-resources-data/water=
sciences-home-page/nutrient-criteria-development-plan).
• NC DW R Overview of High Rock Lake (HRL) Chlorophyl! a Site -Specific Standard Proposal
and Assessment Methodology Recommendation (/documents/sw-hrl-2021-dwr-overview)
• NCDP Science Advisory Council -"A Chlorophyll a Criterion for High Rock Lake" (May 2020).
.(/docu ments/sw-h ri-2021-sac-rec).
For additional information and questions please contact: Christopher Ventaloro, Water Quality
Standards Coordinator, at [e-mail]
.(mailto:[e-mail]).
2020-2022 Triennial Review
Public Notice.(/documents pub[ic-notice-2020-2022-surface-water- uality-standards-triennial-
review-and-regulatory) - Includes information regarding the proposed rulemaking actions for
the 2020-2022 Surface Water Standards Triennial Review and information for the public
hearing associated with this rulemaking
Public comments:
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 5/13

1 /23/23, 3:48 PM
Surface Water Standards I NC DEQ
• Audio recording of July 20, 2021 public hearing: htt. s:llyoutu.be/GvBanraC4Fw
.(https:/�youtu.be/GvBanraC4Fw).
• Comments received via email (/documents/sw-trrev-2020-2022-pubcoms-emailed).- This
file is a PDF Portfolio and is best opened using Acrobat X or Adobe Reader X or later
version.
• Comments received in writing-(/documents/sw-trrev-2020-2022-pubcoms-traditionalmail).
Proposed rule amendments:
• 15A NCAC 02B .0200s Rdocuments/nc-stds-surface-trirev- proposed-02b-0200).
• 15A NCAC 02B .0300s Rdocuments/nc-stds-surface-trirev- proposed-02b-0300).
Summary of triennial review proposed amendments:
• Triennial review summary presentation (EMC approved March 11, 2021)_( environmental
-
management-commission /water-quality-committee-
meeti ngs/2021/ma r2021/powerpoi nts-pdf/ag21-10-cventa loro/down load)
• Cadmium
o Update the current Class C & Class SC aquatic life standards for Cadmium to
incorporate the most recent scientific information relating to toxicological effects in
fish and invertebrates
o Reference: EPA 2016 Recommended Aquatic Life Ambient Water Quality Criteria for
Cadmium (http://www.epiL.gov wqc aquatic -life -criteria -cadmium).
• Cyanide
o Update the current Class C aquatic life standard for Cyanide to include the option to
analyze Cyanide as either free or total Cyanide. This will align the current Class C
standard for total Cyanide with the EPA National Recommended Water Quality Criteria
which recommends analysis as free Cyanide.
o References:
■ EPA Ambient Water Quality Criteria for Cyanide -1985
.(https:,//www.epa.gov sites prod uction/files/2019-03/documents/ambient-wqc-
cyanide-1984.pdf).
• Definitions
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 6/13

1 /23/23, 3:48 PM
Surface Water Standards I NC DEQ
o Add new definitions for the terms "Lentic" and "Lotic" (associated with the proposed
selenium standard)
o Provide clarification for the existing "Industrial discharge" definition
• Eastern Band of Cherokee Indians
o Amend language in 15A NCAC 02B .0301 to address unnamed tributaries entering
Eastern Band of Cherokee Indian boundaries
• Recreational criteria (E. coli)
o Establish a site -specific E. coli Primary Recreation (Class B) surface water standard for
the 19 counties that comprise the Asheville region of North Carolina. E. coliwould
replace fecal coliform as the pathogenic indicator in these Class B waters.
o References:
■ EPA 2012 Recreational Water Quality Criteria
.(https:,//www.epa.gov sites production/files/2015-10/documents/rwgc2012.pdf).
• Selenium
o Update the current Class C aquatic life standard for Selenium to incorporate the most
recent scientific information relating to bioaccumulation and toxicological effects in
fish
o Reference: EPA 2016 Aquatic Life Chronic Criterion for Selenium
.(http: flwww.epa.govwqc aquatic -life -criterion -selenium).
• 1,4-Dioxane
o Codify the following in -stream target values for 1,4-Dioxane:
■ Consumption of fish tissue in all waters = 80 ug/L
■ Consumption of water and fish tissue in water supply waters (Class WS) = 0.35
ug/L
■ 1,4-Dioxane calculation sheet (/documents/nc-stds-surface-trirev- 1-4-dioxane).
■ DEQ Cape Fear River Basin 1,4-Dioxane Study.
.(https: deq.nc.gov/about/divisions/water-resources/water-resources-
data/water-sciences-home-page/1-4-d ioxane).
• Technical corrections
o Include technical corrections to existing language in the following rules:
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 7/13

1/23/23, 3:48 PM Surface Water Standards I NC DEQ
■ 15A NCAC 0213.0215
■ 15A NCAC 02B .0216
■ 15A NCAC 0213.0311
Hearing Officer's Report and Supplemental Information
• Hearing Officer's Report of Proceedings
.(https:,//edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2363786&dbid=0&repo=WaterResources).
• 1,4-Dioxane calculation sheet (/csrrb/14-dioxane-calculation-sheet/down load?
attachment).
• Cadmium calculations (/csrrb/cadmium-calculations/down load?attachment).
More Information:
• Estimated rulemaking timeline (/documents/nc-stds-surface-trirev-estimatedtimeline-
2020).
• Regulatory Impact Analysis (RIA)_(/documents/nc-stds-surface-trirev-ria-2020).
For additional information and questions please contact: Christopher Ventaloro, Water Quality
Standards Coordinator, at [e-mail]
.(mailto:[e-mail]).
Historical Triennial Review Information
Documentation related to current and past triennial reviews can be found below.
2017-2019 Triennial Review
• Triennial review goals:
• Re -adopt 15A NCAC 02B rules related to Surface Water Quality Standards as required by
House Bill 74 Session Law 2013-413
.(httpJ/www.ncleg.net gascripts/BillLookUp/BillLookUp.pl?Session=2013&BiIIID=h74).
• Adopt EPA's proposed changes to the 2007-2015 Surface Water Quality Standards Triennial
Review
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 8/13

1 /23/23, 3:48 PM
Surface Water Standards I NC DEQ
• Receive stakeholder comments concerning topics for consideration during the 2020-2022
Triennial Review. Anticipated topics include:
o EPA 2012 Recreational Water Quality Criteria (bttp://www.epa.gov
wqc/microbial-
pathogenrecreational-water-quality-criteria).
o EPA 2013 Aquatic Life Criteria for Freshwater Ammonia
.(Iittp://www.epa.govwqc aquatic -life -criteria -ammonia).
o EPA 2015 Human Health Criteria Updates (littp://www.epa.gov wgc/national-
recommended-water-quality-criteria-human-health-criteria-table).
o EPA 2016 Aquatic Life Chronic Criterion for Selenium
.(http: www.epa.gov wqc aquatic -life -criterion -selenium).
o EPA 2016 Recommended Aquatic Life Ambient Water Quality Criteria for Cadmium
(http://www.epa.gov/wqc/aquatic-life-criteria-cadmium)
• Proposed rules:
o 15A NCAC 02B .0100 ( coastal-managementgis/data/esmp-
data/2009/november/attachments/att-18-16-15a ncac02b-0100-
proposed d raft/down load).
0 15A NCAC 02B .0201-.0231 (/coastal -management gis/data/esmp=
data/2009/november/attachments/att-b-18-16-15ancac02b-0200-
proposedd raft/down load).
0 15A NCAC 02B .0300 (/coastal -management gis/data/esmp=
data/2009/november/attachments/att-c-18-16-15ancac02b-
0300proposeddraft/download).
• Fiscal Note (https://files.nc.gov/ncosbm/documents/files/DEQ 2018-04-16.pdf).
• Public Notice (https: deq.nc.gov/documents/nc-stds-surface-trirev-pubnotice-05102018).
(includes Public Hearing dates)
• Public comments:
o Written Comments received via email
.(https:,[/files.nc.gov ncdeq csrrb public comments 2018/2017to2019 2b tri rev/Tri Re
is recommended that you open this file in Adobe Acrobat or Adobe Acrobat Reader.
This file is a PDF portfolio (https: helpx.adobe.com/acrobat/using/overview-pdf-
portfolios.html)., and other PDF readers may not support it.)
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 9/13

1/23/23, 3:48 PM Surface Water Standards I NC DEQ
o Written Comment received by hand
.(https://files.nc.gov ncdeq csrrb public comments 2018/2017to2019 2b tri rev/Tri Re
o Audio recording of 07/02/18 public hearing in Kernersville
.(https://files.nc.gov ncdeq csrrb public comments 2018/2017to2019 2b tri rev/Tri Re
o Audio recording of 07/11/18 public hearing in Raleigh
.(https://files.nc.gov ncdeq csrrb public comments 2018/2017to2019 2b tri rev/Tri Re
• Hearing Officer's Report of Proceedings (/documents/nc-stds-surface-trirev-
hearingofficerreport-2018). (dated July 11, 2019)
• Amended Rules Effective November 1, 2019 (15A NCAC 02B .0100-.0300)_(/csrrb/tri-rev-
17to19/15a-ncac-02b-0100-0300/down load).
• EPA decision document- April, 2020:
o EPA triennial review decision transmittal letter
.(https://files.nc.gov ncdeq/csrrb/tri rev 17to19/EPA TriRev Transmittal-
Letter_2020.pdf) (dated 4/9/2020)
o EPA triennial review decision letter
.(https://files.nc.gov ncdeq/csrrb/tri rev 17to19/EPA TriRev Decision -
Document 2020.pdf). (dated 4/9/2020)
o EPA triennial review decision letter Appendix A (/documents/nc-stds-surface-trirev-
epadecisionletter-appendix-2018).
2007-2015 Triennial Reviews
• EPA Decision Document -April 2016
o Decision Document of the United States Environmental Protection Agency Review of
North Carolina's 2007-2015 Triennial Review of Changes to Surface Waters and
Wetlands Standards 15A NCAC 02B .0200 Under Section 303(d of the Clean WaterAct
(/document/trirev-epa-decisiondoc-2007-2015).
0 fdixA- Non -Substantive taitonat Kevisions (/document/trirev-epa-
decisiona ppa-2007-2015),
o Appendix B -EPA Letters to North Carolina (/document/trirev-epa-decisionappb-2007-
2015).
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 10/13

1 /23/23, 3:48 PM
Surface Water Standards I NC DEQ
o Appendix C -US Fish & Wildlife Services Letters to North Carolina (/document/trirev-
epa-decisionappc-2007-2015).
• 2007-2015 Triennial Review package (/document/nc-stds-surface-trirevsummary-2007-
2014).
• Hearing Officer Report
.(https:,//files.nc.gov ncdeq/csrrb/tri rev 07to15/HOR triennial review 10-17-14.pdf).
• Fiscal Note Package (/document/nc-stds-surface-trirev-fiscal-2007).
• Responsiveness Summary October 23, 2015 (/docu ment/nc-stds-su rface-tri rev-
responsiveness-2007).
• NC Attorney General Certification of Adoption of Modifications to North Carolina's Surface
Water Quality Criteria (/document/nc-stds-surface-trirev-agcert-2007).
• NC Register June 16, 2014 ( document/nc-stds-surface-trirev-regjune-2007).
• NC Register November 1, 2013 (/document/nc-stds-surface-trirev- regnovember-2007),
• Public Participation Record (Locument/trirev-2007-attachment-l-pubtic- participant -
record).
• 2,4-D Calculation Spreadsheet (/document/nc-stds-surface-trirev-2-4dcalcs-2007).
• EPA Occurrence of Iron in North Carolina Surface Waters (/document/nc-stds-surface-
trirev-fe-2007).
• EPA Cadmium Water Quality Criteria Document - Technical Review and Criteria Update
.(/document/nc-stds-surface-tri rev -cadmium 1-2007).
• Addendum to EPA Cadmium Water Quality Criteria Document - Technical Review and
Criteria Update (/document/nc-stds-surface-trirev-cadmium2-2007).
• Hardness Statistics by 8-Digit HUC (Inc-stds-surface-trirev-huc-2007).
• 15A NCAC 02B .0206 Flow Design Criteria for Effluent Limitations (/document/nc-stds-
surface-trirev-flowdesign-2007).
• 2013 Water Quality Standard Variance List (/document/nc-stds-surface-trirev-variances-
2006)
2004-2006 Triennial Review
• 2004-2006 -I riennial Review Package (/document/nc-stds-surface-trirev-2006).
• EPA Response the the 2004-2006 Triennial Review (/document/nc-stds-surface-trirev-
eparesponse-2006).
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 11 /13

1/23/23, 3:48 PM Surface Water Standards I NC DEQ
2000-2003 Triennial Review
• 2000-2003 Triennial Review Background (Lnc-stds-surface-trirev-background-2000)
• Summary of North Carolina Standards (/nc-stds-surface-trirev-summary-2000).
• NC Attorney Generals Certification of Adoption of Modifications to North Carolina's Surface
Water Quality Criteria (/nc-stds-surface-trirev-agcert-2000).
Files
15A NCAC 02B 0100 0300 (/15a-ncac-02b-0100-0300/open)
Classification & Standards (/about/divisions/water-resources/water-planning/classifications-
standards).
Classifications (/about/divisions/water-resources/water-planning/classification-
standards/classifications).
Current Reclassification Proposals (/about/divisions/water-resources/water-
planning/classification-standards/current-reclassification-proposals).
Classification Schedule (/about/divisions/water-resources/water-planning/classification-
standards/river-basin-classification).
Rules (/about/divisions/water-resources/water-planning/classification-standards/rules).
Selected Hearing Officer Reports (/about/divisions/water-resources/water-
planning/classification-standards/selected-hearing-officer-reports).
Surface Water Standar (/about/divisions/water-resources/water-planning/classification-
standards/surface-water-standards)
Variances (/about/divisions/water-resources/water-planning/classification-standards/surface-
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 12/13

1/23/23, 3:48 PM Surface Water Standards I NC DEQ
water-sta n d a rds/va ri a n ces).
Groundwater Standards (/about/divisions/water-resources/water-planning/classification-
standards/groundwater-standards).
Groundwater IMACs (/about/divisions/water-resources/water-planning/classification-
standards/groundwater-imacs).
https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/surface-water-standards 13/13

1 /23/23, 3:49 PM
An official website of NC
NC-Stds_Surface_TriRev_1-4_Dioxane i NC DEQ
oF4NE
STATC oAw.
MAY 2p, li75 'KO
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NORTH CAROLINA
Environmental Quality
NC-Stds Surface TriRev 1-4 Dioxane
Files
NC-Stds Surface TriRev 1-4 Dioxane (/documents/files/nc-stdssurfacetrirevl-4dioxane/open).
Divisions (/about/divisions),
Permits & Rules (permits -and -regulations).
Outreach & Education (/outreach -and -education).
Energy & Climate ( energy -and -climate),
News ( news).
About ( about-deq).
https://deq. nc.gov/nc-stdssu rfacetri rev -4d ioxane 1 /1

Carcinogen 1,4 Dioxane
Water Supply Std.= 0.35 ug/L
Human Health Std.= 80 ug/L
MIS WQS = (RL x MIT) / (q1* x [WI + (FC x BAF)])
CAS#
123-91-1
where: RL = risk level
WT = Weight 70 kg
q 1 * = carcinogenic potency factor
WI = average human water intake 2L/de
FC = Fish consumption rate
BAF = bioaccumulation rate
WQS = 0.0003485 mg/I = 0.3485 ug/I
Integrated Risk Information System (IRIS) httpJ/www.epa.gov/iris/
Risk Assessment Information System (RAIS) http://risk.lsd.ornLgov/index.shtml
Not MIS WQS = (RL x MIT) / (q1* x (FC x BAF))
WQS = 0.0800000 mg/I
80 ug/I
Prepared by on
Checked by
Reviewed by
Printed on 1/4/2021
VALUES FOR THE EQUATION
1.00E-06
70 kg
1.00E-01 mg/kg/day
2 L/day
0.0175 kg/person-day
5.00E-01 L/ko
Source:
RA IS 8110
Page 1

Non -carcinogen
Water Supply Std.=
Human Health Std.=
WS
1,4-Dioxane
CAS# 123-91-1
1 mg/L
240 mg/L
WQS = (RfD x MIT) / [WI + (FC x BAF)]
where:
VALUES FOR THE EQUATION
Source
RfD = reference dose
3.00E-02 mg/kg/day
IRIS 8110
WT = Weight 70 kg
70 kg
WI = average human water intake 2L/day
2 L/day
FC = Fish consumption rate
0.0175 kg/person-day
BAF = bioaccumulation rate
5.00E-01 L/kg
RA IS 8110
1WQS = 1.05 mg/ 1= 1045.43 99/1 1
Risk Assessment Information System (RAIS) http'Arisk.lsd.ornl.gov/index.shtml
Integrated Risk Information System (IRIS) httpJ/www.epa.gov/iris/
Human Health
Prepared by on
Checked by
Reviewed by
WQS = (RfDx MIT) / (FC x BAF)
WQS = 240.00 mg/1
240000.00 ug/1
Printed on 1/4/2021
Page 2

1,4-Dioxane
CAS# 123-91-1
Freshwater Aquatic Life Std. = 110000 ug/L
1 Datapoint Used:
Values Source
log Poct= -.27, so safety factor (SF)=
0.05 RAIS 2124110
Final Acute Value (FAV) =
2274000 µg/l ECOTOX 2124110
Chronic Concentration (FAV * SF)=
113700 µg/I
Acute Concentration ( 1/2 FAV )=
1137000 µg 1
Risk Assessment Information System (RAIS) http.//risk.lsd.omi.gov/index.shtml
ECOTOX http.//www.epa.gov/ecotox/
log oct:water value <=4.29, use 0.05 of the FAV
log oct:water value > 4.29, use 0.01 of the FAV
Saltwater Aquatic Life Std. = 330000 ug/L LD
1 Datapoint Used:
Values Source
log Poct=-.27 , so safety factor (SF)=
0.05 RAIS 2124110
Final Acute Value (FAV) =
6700000 µg ECOTOX 2124110
Chronic Concentration (FAV * SF)=
335000 µg/I
Acute Concentration ( 1/2 FAV )=
3350000 99/1
Species: Gammarus pseudolimnaeus (Scud)
96H LC50 under Flowthrough exposure conditions
ECOTOX Ref. # 14339
Species: Menidia beryllina (Inland Silverside)
96H LC50 under Static exposure conditions
ECOTOX Ref. # 863
Prepared by on
Checked by
Reviewed by Printed on 1/4/2021 Page 3

EXHIBIT D

1 /23/23, 5:03 PM
The Risk Assessment Information System
• Home
• Chemical Tools
• Radionuclide Tools
• Tutorials
• Guidance
• Partners & Collaborations
• EPA Chemical Tools
• EPA Radiation Tools
March 27th-30th, 2023 the RAIS Team will be hosting an in -person training at Oak Ridge National Laboratory. Follow the
link on our Training Page to register.
https://rais.orn1.gov/tools/profile.php 1 /12

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Contact
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VME
Glossary_
DictionarY
Aa
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0101
W S q....-. EWj4 6
wW.,rww rr-a E-1— r.ra
wow + w+� +w'r� a
sYa..ti ++w�wrt
m.wmrm
iwaw�srwwF� ra wu�vrs wrr w. wu +w�.wfx
New Items
https://rais.orn1.gov/tools/profile.php 4/12

1 /23/23, 5:03 PM
The Risk Assessment Information System
FAQ
Chemical Data Profiles
Using the Chemical Data Profiles Tool
Basic Information for Dioxane, 1,4-
Chemical Class: Organics
Chemical Group: VOC
Mutagen Status: No
CAS Number: 123-91-1
Formula: C4H8O2
Molecular Weight: 88.107
Physical Form: Colorless liquid
Synonyms: Dioxane, 1,4-; Dioxane; 1,4-dioxacyclohexane; 1,4-dioxane
Toxicity Information for Dioxane, 1,4-
Oral Noncancer Toxicity Guidance Values
Source Chronic (mg/kg- Subchronic (mg/kg- Intermediate (mg/kg- Acute (mg/kg- Short-term
day) day) day) day) (mg/kg-day)
IRIS 3.00e-2
IRIS_ARCHIVE
PPRTV
PPRTV APPENDIX
PPRTV—ARCHIVE
OPP
ATSDR 1.00e-1 5.00e-1 5.00e+O
ATSDR DRAFT
ATSDR_ADDENDUM
https://rais.ornl.gov/tools/profile.php 5/12

1/23/23, 5:03 PM
The Risk Assessment Information System
Oral Noncancer Toxicity Guidance Values
Source
Chronic (mg/kg- Subchronic (mg/kg- Intermediate (mg/kg- Acute (mg/kg- Short-term
day) day) day) day)
(mg/kg-day)
CALEPA
HEAST
HEAST ARCHIVE
EPAOW
Inhalation Noncancer Toxicity Guidance Values
Chronic Subchronic Intermediate Acute
Short-term
Source
(mg/m) (mg/m) (mg/m) (mg/m3)
(mg/m)
IRIS
3.00e-2
IRIS_ARCHIVE
PPRT V
PPRTV_APPENDIX
PPRT V_ARCHIVE
ATSDR
1.10e-1 7.20e-1 7.21 e+0
ATSDR_DRAFT
ATSDR_ADDENDUM
CALEPA
3.00e+O 3.00e+O
HEAST
HEAST ARCHIVE
EPAOW
Cancer Toxicity Values
Oral Slope Factor Oral Unit Risk Inhalation Slope Factor
Inhalation Unit Risk
Source
(mg/kg-day)-1 (ttg/L)-1 (mg/kg-day)-1
(Ftg/m 3)-1
IRIS
1.00e-1 2.90e-6
5.00e-6
IRIS_ARCHIVE
PPRT V
PPRTV_APPENDIX
PPRT V_ARCHIVE
OPP
CALEPA
2.70e-2 2.70e-2
7.70e-6
HEAST
HEAST ARCHIVE
EPAOW
*Highlighted cell denotes hierarchy value used by default in risk assessment calculations
*Click on any blue value to see metadata associated with the toxicity value
Chemical -Specific Parameters for Dioxane, 1,4-
Fish Bioconcentration Factor (BCF): EPI
Estimated (L/kg) = 3.16e+0
Experimental (L/kg) = 5.00e-1
Estimated Log (L/kg) = 5.00e-1
Experimental Log (L/kg) _ -3.01 e-1
Fish Bioaccumulation Factor (BAF): EPI
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Estimated (L/kg) = 9.25e-1
Estimated Log (L/kg) _-3.40e-2
The Risk Assessment Information System
Skin Permeability Coefficient (Kp): EPI
Estimated (cm/hr) = 3.32e-4
Log Octanol-Air Partition Coefficient (Log K.O: EPI
Calculated using estimated log Ko,, and HLC = 3.44e+0
Absorption Factors: RAGS Part E
GIABS = Fraction of contaminant absorbed in gastrointestinal tract (dimensionless) = 1
FA = Fraction Absorbed Water (dimensionless) = 1
RBA = Relative Bioavailability Factor (dimensionless) = 1
Included in the Effective Predictive Domain (EPD) _ "Yes"
Flammability Parameters: CRC
Flashpoint (°C) = 1.20e+1
Ignition (°C) = 1.80e+2
Acid Dissociation Constant (KO: PhysProp
Experimental Ka =-2.92e+0
Atmospheric (OH) Rate Constant: PhysProp
Experimental (cm 3/molecule-sec) = 1.09e-11
Experimental Temperature (°C) = 2.50e+1
Diffusivities in Air and Water (cm2/s): Calculated
Air Dia (Calculated) = 8.74e-2
Water Din, (Calculated) = 1.05e-5
Biotransfer Factors (BTF): Calculated
Beef Biotransfer Factor = 1.34e-8
Dairy Biotransfer Factor = 4.24e-9
Fish Biotransfer Factor = 5.00e-1
Soil to wet plant uptake factor = 1.10e+1
Soil to dry plant uptake factor = 5.52e+1
Molecular Weight (MW)
Source Molecular Weight (g/mol)
PPROP 8.81e+1
EPI 8.81e+1
CRC 8.81e+1
PERRY 8.81e+1
LANGE 8.81e+1
YAWS 8.81e+1
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The Risk Assessment Information System
Molecular Weight (MW)
Source Molecular Weight (g/mol)
3M
OTHER
Boiling Point (BP)
Source Estimated (°C) Experimental (°C) Experimental (K) Pressure (mm Hg) Note
PPROP
1.02e+2
EPI 1.03e+2
1.02e+2
CRC
1.01e+2 3.74e+2
PERRY
1.01 e+2
LANGE
1.01 e+2
YAWS
3M
OTHER
Molar Enthalpy of Vaporization (HVAP)
Source Estimated at normal BP Extrapolated at Normal BP Experimental at Normal BP Experimental at 25 °C
(cal/mol) (cal/mol) (cal/mol) (cal/mol)
CRC 8.16e+3 9.23e+3
YAWS 8.20e+3
*VISL 8.69e+3
3M
Melting Point (MP)
Source Estimated (°C) Experimental (°C) Note
PPROP
1.18e+1
EPI-6.36e+1
1.18e+1
SSL
CRC
1.18e+1
PERRY
9.5 Oe+O
LANGE
1.18e+1
YAWS
3M
OTHER
Vapor Pressure (VP)
Source Estimated (mm Hg) Experimental (mm Hg) Extrapolated (mm Hg)
PPROP 3.81e+1
EPI 4.06e+1 3.81e+1
CRC 3.71e+1
3M
OTHER
Solubility (S)
Estimated with KoW Estimated with Fragment Constant Experimental Extrapolated
Source Note
(mg/L) (mg/L) (mg/L) (mg/L)
PPROP 1.00e+6
EPI 2.14e+5 1.00e+6 1.00e+6
SSL
CRC
PERRY
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1/23/23, 5:03 PM The Risk Assessment Information System
Solubility (S)
Estimated with KoW Estimated with Fragment Constant Experimental Extrapolated
Source Note
(mg/L) (mg/L) (mg/L) (mg/L)
LANGE
YAWS 1. 00e+6
3M
OTHER
Unitless Henry's Law (H')
Source Bond Estimated Group Estimated Estimated Experimental Extrapolated
PPROP 1.96e-4
EPI 2.42e-4 4.58e-6 1.96e-4
SSL
CRC
YAWS 2.25e-4
3M
OTHER
Bond Estimated
Source
(atm-m3/mol)
PPROP
EPI 5.91e-6
SSL
CRC
YAWS
3M
OTHER
Density (p)
1.12e-7
Source Experimental (g/cm3) Note
PPROP
CRC 1.03e+0
PERRY 1.03e+0
LANGE 1.03e+0
YAWS
3M
OTHER
Henry's Law Constant (HLC)
Group Estimated Estimated (atm- Experimental (atm-
(atm-m3/mol) m3/mol) m3/mol)
4.80e-6
4.80e-6
5.54e-6
Extrapolated (atm-
m3/mol)
Organic Carbon Partition Coefficient (Koc)
Source Estimated Experimental MCI Estimated Log Experimental Log
(L/Kg) (L/Kg) (L/Kg) (L/Kg) (L/Kg)
PPROP
EPI 3.93e+0
SSL
YAWS
3M
OTHER
2.63e+0 5.95e-1
Log Octanol-Water Partition Coefficient (KoW)
Source Estimated Log (unitless) Experimental Log (unitless) Extrapolated Log (unitless)
PPROP-2.70e-1
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MCI Log
(L/Kg)
4.20e-1

1/23/23, 5:03 PM The Risk Assessment Information System
Log Octanol-Water Partition Coefficient (KoR,)
Source Estimated Log (unitless) Experimental Log (unitless) Extrapolated Log (unitless)
EPI-3.20e-1-2.70e-1
CRC
YAWS-2.70e-1
3M
Upper and Lower Explosive Limits
Source UEL Estimated UEL Experimental UEL Extrapolated LEL Estimated LEL Experimental LEL Extrapolated
(% by volume) (% by volume) (% by volume) (% by volume) (% by volume) (% by volume)
CRC 2.20e+1 2.00e+O
YAWS
*VISL
3M
2.20e+1
Critical Critical Critical Critical
Pressure Pressure
Source Pressure Estimated Experimental Temperature
MPa MPa MPa (K)
CRC 5.20e+O 5.87e+2
YAWS 5.21e+0
*VISL 5.85e+2
3M
OTHER
2.00e+O
2.00e+O
Critical Values
Critical Critical Critical Critical Critical
Temperature Temperature Volume Volume Volume
Estimated Experimental 3 Estimated Experimental
(K) (K) cm /mol cm3/mol cm3/mol
2.51e+2
5.87e+2
*Highlighted cell denotes hierarchy value used by default in risk assessment calculations
*The values given in the VISL row are from multiple sources and may be experimental or estimated.
2.38e+2
PhysProp The Syracuse Research Corporation (SRC) Physical Properties Database (Ph sPro . The PhysProp database contains chemical structures,
names and physical properties for over 41,000 chemicals. Physical properties collected from a wide variety of sources include experimental,
extrapolated and estimated values.
IRIS The Integrated Risk Information System I( RIS) is a human health assessment program that evaluates quantitative and qualitative risk information
on effects that may result from exposure to environmental contaminants. IRIS was initially developed for EPA staff in response to a growing demand
for consistent information on substances for use in risk assessments, decision -making, and regulatory activities.
OPP EPA's Office of Pesticide Programs (OPP) provides toxicity values used to derive the Human Health Benchmarks for Pesticides (HBBP).
PPRTV The Provisional Peer Reviewed Toxicity Values (PPRTVs) derived by the EPA Superfund Health Risk Technical Support Center (STSC) for
the EPA Superfund program. Current PPRTVs and Archived PPRTVs are provided on the RAIS. Archived PPRTVs were withdrawn by STSC because
their 5 year shelf -life expired. Current PPRTVs are available on PPRTV website.
SCREEN The Provisional Peer Reviewed Toxicity Values PP( RTVs) are derived by the EPA Superfund Health Risk Technical Support Center (STSC)
for the EPA Superfund program. Some PPRTV papers provide screening values in an appendix. Like PPRTVs, they can be current or Archived.
ATSDR The Agency for Toxic Substances and Disease Registry AT( SDR) minimal risk levels (MBEs) were developed as an initial response to The
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Final, Draft and Addendum values are presented on the RAIS.
CALEPA The California Environmental Protection Agency_ (OEHHA) Office of Environmental Health Hazard Assessment's Chronic Reference
Exposure Levels (RELS) from December 18, 2008 and the Cancer Potency Values PDF). from July 21, 2009.
HEAST The Health Effects Assessment Summary Tables (BEAST) is a database of human health toxicity values developed for the EPA Superfund
and Resource Conservation and Recovery Act (RCRA) hazardous waste programs. Until the early to mid-1990s, HEAST was updated on a regular
basis and was known as the Quarterly, reflecting its publication by EPA four times per year. The RAIS provides the values from BEAST that were
removed (Archived) by more current PPRTVs. These values are retained for historical reference because PPRTVs used to only have a 5 year shelf -life.
PERRY Perry's Chemical Engineers' Handbook is in its 7th Edition.
NJDEP New Jersey Department of Environmental Protection
NYSDOH New York State Department of Health
EPI The EPI (Estimation Programs Interface) SuiteTM is a Windows -based suite of physical/chemical property and environmental fate estimation
programs developed by the EPA's Office of Pollution Prevention Toxics and Syracuse Research Corporation (SRC)
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CRC The CRC Handbook of Chemistry and Physics is in its 91 st Edition.
LANGE Lange's Handbook of Chemistry is in its 70th Edition.
YAWS Yaws' Handbook of Thermodynamic and Physical Properties of Chemical Compounds
SSL Soil Screening Guidance: User's Guide. EPA Document Number: EPA540/R-96/018. July 1996. Attachment C: Chemical Properties for SSL
Development.
EPAOW United States Environmental Protection Agency, Office of Water
VISL U.S. EPA 2015 Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air.
OSWER Publication 9200.2-154 and associated calculation spreadsheet (VISL)."
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