NC0026441_SOC Comment (Fayetteville PWC)_20230315

EVELYN O. SHAW, COMMISSIONER V{i`li' Y LL{V S FAYETTEVILLE PUBLIC WORKS COMMISSION
RONNA ROWE GARRETT, COMMISSIONER �j(, 955 OLD WILMINGTON RD
DONALD L. PORTER, COMMISSIONER P.O. BOX 1089
CHRISTOPHER DAVIS, COMMISSIONER H ME OWN UTILITY FAYETTEVILLE, NORTH CAROLINA 28302-1089
MARION J NOLAND, INTERIM CEO/GENERAL MANAGER TELEPHONE [phone]
WWW.FAYPWC.COM
March 15, 2023
Via US Mail and Email (svdnev.carnenter(a)ncdenr.aovl
Ms. Sydney Carpenter
NC Division of Water Resources
Water Quality Permitting
NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Comments on Proposed Special Order by Consent
EMC SOC WQ S22-003
NPDES Permit No. NC0026441, Permit No. WQCS00056
Held by the Town of Siler City
Dear Ms. Carpenter:
Fayetteville Public Works Commission (PWC) submits these comments regarding the
above -referenced proposed Special Order by Consent (SOC) in accordance with the February
15, 2023, Public Notice of the Environmental Management Commission's Intent to Issue a
Consent Order. PWC supplies drinking water to over 225,000 customers in southeastern North
Carolina. We source that water from the Cape Fear River Basin, downstream of the Town of
Siler City's (the Town's) wastewater treatment plant (the Plant). PWC therefore seeks to ensure
that the SOC will be sufficient to protect water quality downstream of the Plant.
According to the proposed SOC, the Town is "unable to comply with the effluent limits
set forth in its NPDES Permit ..." and "is not complying with operational requirements as set
forth in its NPDES permit NCO026441 due to several issues, including ... influents from
Significant Industrial Users (SIUs) with high levels of nutrients (and other pollutants)." The
proposed SOC sets forth a schedule of infrastructure and operational improvements and
reporting obligations that must be satisfied in order for the Town to alleviate the current
moratorium on additional wastewater flow to the Plant. While PWC supports the imposition of
requirements that must be satisfied to improve the water quality of downstream customers,
PWC does not believe that the actions set forth in the proposed SOC are sufficient for their
intended purpose.
PWC notes that Wolfspeed expects to construct a silicon carbide wafer manufacturing
facility on a 445-acre site that will likely discharge its wastewater to the Plant. This
semiconductor manufacturing facility may introduce additional pollutants to the Town's
wastewater system, and this facility's discharges will likely be subject to federal categorical
pretreatment standards. PWC expects that the Town will require Wolfspeed to perform, at a
minimum, monthly self -monitoring and quarterly sampling for all pollutants of concern.
However, PWC also requests that DWR conduct a comprehensive audit of the Town's
pretreatment program to ensure that the Town is in compliance with its pretreatment obligations
and reasonably capable of remaining in compliance after adding Wolfspeed to the Town's
system.
BUILDING COMMUNITY CONNECTIONS SINCE 1905
AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER

Semiconductor manufacturing processes may involve the use of PFAS compounds.
See, e.g., U.S. Department of Energy, Semiconductor Supply Chain Deep Dive Assessment
(February 24, 2022)("High water use and hazardous waste generation in semiconductor
manufacturing facilities are a significant concern.... PFAS are used to clean, manufacture, and
lubricate many types of semiconductor manufacturing equipment and these are known to persist
in the environment and are linked to adverse environmental and health impacts." (cites
omitted)). PFAS does not break down once discharged into the environment, and each
upstream discharge increases the mass of those compounds present in the river downstream.
Because these substances are not removed through the normal drinking water treatment
process, upstream discharges typically end up in the drinking water of downstream customers.
Furthermore, discharges of these substances may not be consistent from one day to the next.
Therefore, PWC believes that the SOC should require weekly effluent monitoring for PFAS
(once there is an approved method for sampling PFAS in wastewater). If PFAS levels are
unacceptable, source reductions must be mandated to protect downstream water quality.
Quarterly sampling for PFAS is unlikely to detect "slug discharge" events. Weekly sampling
also provides a greater opportunity to notify downstream drinking water utilities of a slug
discharge, which will allow those utilities to alter their operations in a way that could lessen the
concentration of PFAS ultimately in their customers' drinking water.
Pursuant to 15A NCAC 026.0203, DWR "shall" develop water quality based effluent
limits (WQBEL) such that downstream water quality and usage "will not be impaired." The key to
satisfying DWR's obligation in this regard is developing the data set that is necessary to
understand how PFAS concentrations change as water moves downstream in the Cape Fear
River Basin. Thus, PWC believes that DWR should also require weekly in -stream monitoring for
PFAS at the Town's downstream monitoring point if there is a reasonable potential for a
violation of water quality standards.
If additional information is needed, please contact me at mick.noland(a)faypwc.com or
910-223-4733.
Respectfully submitted,
Fayetteville Public Works Commission
By:
Mick Nola d, interim CEO/General Manager