DEQ-CFW_00003101

Grz b, Julie
Subject: FW: favor
From: Kritzer, Jamie
Sent: Friday, August 04, 2017 5:36 PM
To: Culpepper, Linda <[e-mail]>; Munger, Bridget <[e-mail]>; Grzyb, Julie
<[e-mail]>
Cc: Kritzer, Jamie <[e-mail]>
Subject: FW: favor
Questions reporter wants to ask. I'm gonna lobby for Tuesday interview. We can discuss on Monday.
Jamie Kritzer
Communications Director
N.C. Department of Environmental Quality
919-707-8602
919-218-5935
g- ,^Noth ng Compare
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Christina Haleyfmailto•chaleyCoDwilmingtonbiz.com]
Sent: Friday, August 04, 2017 3:00 PM
To: Kritzer, Jamie <[e-mail]>
Subject: RE: favor
Jamie — Basically, my story looks at the larger spectrum of industry vs. chemicals along the Cape Fear River, using the GenX
issue as a peg. I plan to look at the overall industry issued permits, the backlog you all are facing, what other chemicals are the
water (both regulated and unregulated) and how the NCDEQ authorizes these chemicals in the permitting process, while
balancing out the need to protect human health and allow for industry to conduct business in the state.
I will also be asking specific questions about the permitting process and Chemours permit.
I have developed a list of questions for you but I hope that I will not be limited to these questions as I may have more in the
coming days prior to the interview and more while the interview is taking place.
Some of my specific questions include:
1
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How are the chemicals picked? How do you all gather what should be included in permits? And how do you all weigh ohe
permit with all others that have similar chemicals discharged for the overall scope of what's safe in a particular body of water
(in this case the Cape Fear River) and people living alongside it?
Let's discuss the NPDES permitting process:
• Permitting: Authority to issue NPDES wastewater Permits 15A NCAC 02H 0.0101— requires a permit for control of
sources of water pollution by providing procedures, etc..
• Industrial permittees must test for toxics as defined in 48 FR 14153, Apr, 1983
• Applicants are required to identify wastestreams, treatment, discharge volumes
• Industrial facilities must meet EPA promulgated Federal Effluent Guidelines for Categorical Industries (Chemours is
subject to Organic Chemicals, Plastics and Synthetic Fibers (OCPSF) 40 CFR Part 414)
• Federal Effluent Guidelines have Technology Based Effluent Limitation's (TBELs) and can require a certain level of
treatment
• Applicant may have to model oxygen consuming wastewaters to verify Dissolved oxygen levels will not be impacted
and will meet WQS's (Chemours did a QUAL2K model in 2015 before relocating their outfall
• Applicants may have to model nutrient impacts to the stream
• Toxicant data tested for and submitted by applicant is compared against State and Federal WQS's and Criteria — if RP
to violate standards/criteria, a limit is given in the permit
• If a unique contaminant found NC looks at EPA data and databases for guidance, looking for health risks (one case of
cancer per million people exposed), NC would use this data to develop standard/NPDES permit limit
• WQS's protect stream usage (WS, recreation, human health fish and water consumption, etc)
• Permits take into account stream flows (at critical low -flow) and permitted discharge volume and using WQS's based
on that stream use designations calculate permit limits, hence limits vary permit to permit even though same WQS's
are used each time
• Major industrial permits are public noticed for 30 days and sent to EPA for review all at the same time
• Director makes decision on necessity of a Hearing based on requests, if no request for a hearing is made permit can be
issued
How do you all plan to look into by product issues like Chemours and is this a larger piece to a new look at the way you all
conduct permits and how you plan to look at industrial sites in the future?
Working with EPA, University professors, and different specialized laboratories as a result of the Chemours issues has
highlighted the many different chemicals contained in wastewaters and the lack of health studies/risk assessments
these chemicals have on the environment
The Governor is looking at ways to obtain additional funding to develop the resources needed to better address these
unregulated chemicals and to adopt the legislative authority needed to enforce more stringent state verses federal
standards.
Is water treatment factored into the amount chemical substances are regulated?
• My understanding is yes it is but we should ask Jessica this question —Julie
• Wastewater treatment is factored into the development of TBELs but if state WQS's are more stringent, the WQS's are
used to develop wastewater NPDES permit limitations.
How do you assess what exactly a company is discharging? Is there methods that test a wide range of regulated and
unregulated contaminates in the waters across the state? Do you actually know exactly what all is in the waters of the Cape
Fear?
• NPDES asks for a description of processes, flows, treatment, and volumes that result in a ww discharge in the permit
application
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,EPA's list of toxics - regulated chemicals are tested for per 48 FR 14153, Apr, 1983. There are not standard/defined test
procedures for most unregulated compounds.
NPDES permitted facilities work very hard to achieve 100% compliance with NPDES permits. Most contaminants
discharged are regulated pollutants that we have health and aquatic life information on and this is why you do not see
fish kills in streams due to permitted discharges.
As far as the unregulated chemicals in Dr. Knappe's report, other than GenX, how do you plan to regulate and monitor those
other emerging contaminants?
Additional Vinyl ethers are being tested for at the EPA ORD laboratory. NC is still assessing the concentration of these
PO dimer acid (GenX-903) from the Chemours
parameters in the discharge since the removal of wastestreams containing HF
facility.
NC will have to seek help from EPA, DHHS, and Scientific Advisory Boards to determine how best to regulate these
parameters. Funding as being requested by the Governor will be important given the need for additional testing,
assessment of impacts, and permit development to address emerging contaminants.
Is it possible to find out where they came from and do you suspect they are related to another industrial sources other than
Chemours?
ey have a Vinyl ethers process and these contaminants are ethers.
• Chemours is the suspected source since th
Has Chemours exceeded any regulations of it's permit? If so, is it documented and when did that violation(s) take place? Are
violations normal? What happens when there is a slight violation in the regulatory process?
• Chemours failed one Toxicity (bioassay) in Feb. 2012 at Outfall 002. As required, toxicity tests were performed each of
the following two consecutive months and both tests passed resulting in a pass for the quarter overall as defined by
DEQ's Aquatic Toxicity Branch.
• Internal outfall 001 had two BOD daily max exceedances and one monthly average exceedance all in October 2014.
The DMR explains that these excursions were due to shut down and startup of the plant after maintenance and no
enforcement action was taken. The violations were at an internal outfall (not the discharge point at the river) and
WQS's were not violated. Such a violation during a shut down and start-up of a WWTP are normal.
Routine Compliance inspections performed 2012-2016 were all Compliant.
• A Bioassay and Compliance Evaluation was performed in 2011, the facility was found to be Compliant and the 24-hr
chronic Whole Effluent Toxicity Test performed at Outfall 002, using Ceriodaphnia dubil. was split between DWR's lab
and DuPont's commercial laboratory (Meritech) and both were in agreement —they both passed at 3.3% effluent
concentration.
Should we be concerned about other chemicals in our water?
If there is a permitting back log and industries are currently operating under old permits, how do you all keep them regulated
on current industry standard regulations?
What is the status of Chemours new permit? Is there a timeline or how long do you all think a permit will be pending during
the larger investigative process by local, state and federal authorities?
The "new class of emerging contaminants" ... how do you plan on handling that issue as far as permitting and monitoring? Can
anything be done about it at this point when there is no regulation?
How is The Chemours Co. able to have a limitation for GenX in one part of it's discharge permit and not the other?
Where in the permit does it allow GenX? — I've looked over the report several times and it does not state the generic chemical
name nor the full chemical name?
Let me know if I can help you any further.
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Best,
Christina
From: Kritzer, Jamie[mailto:[e-mail]]
Sent: Friday, August 4, 2017 12:34 PM
To: Christina Haley <[e-mail]>
Subject: favor
Christina,
Do me a favor and just send me a list of the questions you would like to ask?
I'm trying to get the right people in the room to speak with you.
Jamie Kritzer
Communications Director
N.C. Department of Environmental Quality
919-707-8602
919-218-5935
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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