NC0043320_Other Agency Documents_20231012

Responses to the SELC Comments
Elevate Textiles Permit NC0043320
October 11, 2023
Elevate likely discharges PFAS, a class of chemicals known to cause harm to
human health and the environment.
Response:
The Division has added quarterly PFAS monitoring requirement to the Permit in accordance
with the EPA recommendations. When EPA develops water quality criteria for PFAS parameters
the Division will be able to analyze accumulated monitoring data and implement effluent limits.
II. The Department must amend this draft permit to address Elevate's likely
PFAS pollution.
Response:
Development of the BPJ TBELs is extremely complicated and difficult procedure. Currently, the
DWR has no institutional capacity to develop their own BPJ BAT in according with the EPA
guidance. This effort would be enormous in nature and will require full-time commitment from
numerous existing staff members, it will also require an expertise in economics beyond what
exists in the DWR. For example, EPA has the Engineering and Analysis Division that employs
approximately 40 experts, these experts develop Effluent Guidelines. Recently, this EPA
Division spent 10 years to develop the latest update to the Power Plant Guidelines and then an
additional 5 years to make subsequent adjustments to the Final Rule.
In 2014, the DWR attempted to develop their own BPJ BAT for Duke Energy Riverbend permit
by using a very simplified procedure. SELC was critical of DWR's effort for not adhering to the
EPA guidance. Nevertheless, SELC now suggests that we use the same simplified procedure,
which they strongly criticized previously.
Furthermore, the use of simplified procedure is not likely to withstand legal challenges because
it omits numerous important components, including economic evaluation, robust statistical
analysis, comparison with similar facilities that successfully install and operate treatment
technologies, public notification and comment period, etc.
Page 1 of 1