We write this letter to urge the Water Quality Committee to implement proposed amendments to North Carolina’s surface water standards to address the health risks and financial burdens posed by 1,4-dioxane pollution in the Haw River and urging other cities to follow Greensboro’s lead in reducing discharges of this toxic substance.
The EMC needs to set specific standard for 1,4-dioxane to protect areas like Pittsboro from its cancer-related health risks. Despite the financial strain Pittsboro faces from 1,4-dioxane pollution, some upstream cities oppose the Department of Environmental Quality’s authority to enforce limits.
April 8, 2024
North Carolina Environmental Management Commission
Members, Water Quality Committee
217 West Jones Street
Raleigh, NC 27603
John D. Solomon: pamlicojd@gmail.com
Timothy Baumgartner: tbaumemc@gmail.com
Marion Deerhake: m.e.deerhake@gmail.com
Michael Ellison: mellisonEMC@gmail.com
Steve P. Keen: stevepkeenemc@gmail.com
Joseph Reardon: josephreardonemc@gmail.com
Kevin Tweedy: ktweedyemc@gmail.com
Bill Yarborough: billyarboroughEMC@gmail.com
RE: Division of Water Resources’ Request for Approval from the North Carolina Environmental Management Commission’s Water Quality Committee regarding proposed language to be codified at 15A NCAC 2B .0208, .0212, .0214, .0215, .0216, .0218, and .0226.
Dear Members of the Water Quality Committee:
Haw River Assembly writes to express our support of the proposed amendments to various rules, including 15A NCAC 02B .0208, .0212, .0214, .0215, .0216, .0218, and .0226 (the “Proposed Rules”). The Proposed Rules are currently before the Environmental Management Commission (“EMC”), Water Quality Committee (the “Committee”) as part of the Department of Environmental Quality’s (“DEQ”) 2023-2025 Triennial Review of Surface Water Standards. The state of North Carolina has the responsibility under the Clean Water Act and state law to review and update its water quality standards for the protection of recreational activities, fish and other aquatic life, wildlife, and people. North Carolina is fulfilling this obligation through the Proposed Rules. We urge the EMC to adopt them as proposed.
To protect people, state law provides that the concentration of cancer-causing substances, like 1,4-dioxane, should not result in more than one case of cancer per million people exposed to the chemical by using our rivers and streams or drinking water from them. Based on the health risks associated with 1,4-dioxane, DEQ has proposed a numeric 1,4-dioxane water quality standard for drinking water supplies. The health risks associated with even low exposures to 1,4-dioxane have been repeatedly emphasized by EPA and other agencies. In July 2023, EPA released its Final Risk Evaluation for 1,4-dioxane, which confirms that exposure to even low levels of 1,4-dioxane poses an unreasonable cancer risk to people in downstream communities, like Pittsboro. The health risks from 1,4-dioxane have also been widely recognized by leading scientific agencies including the National Institute of Health, the Center for Disease Control, Department of Health and Human Services, National Academy of Sciences, and many more.
Because Haw River Assembly is committed to protecting surface water for our communities in the Haw River watershed, we have worked closely with drinking water utilities in the downstream communities to ensure safe drinking water is provided to customers by addressing upstream discharges. For the Town of Pittsboro, drinking water treatment has come at a great expense. To continue to safely serve communities throughout the state, drinking water utilities need our state to protect the Haw River—the drinking water supply—from upstream sources of 1,4-dioxane pollution and approve the Proposed Rules.
Although DEQ currently has the authority to set limits on 1,4-dioxane in Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permits for upstream sources and has done so in Asheboro’s permit,[1] we understand that Asheboro, Greensboro, and Reidsville have challenged the 1,4-dioxane limits in Asheboro’s permit in administrative court. Limits on 1,4-dioxane like the ones in Asheboro’s permit are however essential to stopping upstream sources from polluting our drinking water supplies with the toxic chemical. By attacking DEQ’s authority to protect Pittsboro’s drinking water through permit limits, these cities are protecting their industries—industries that release 1,4-dioxane pollution—over the health and safety of downstream communities. We therefore need the proposed numeric standard for 1,4-dioxane to be adopted so Pittsboro has assurance that their drinking water source will be protected from this toxic chemical.
We have reviewed the letter submitted to the EMC by Asheboro, Greensboro, and Reidsville, and want to address some of their claims. First, we do not believe these cities have incurred the expenses described in their letter. Second, they should not have to incur any future treatment costs if they 1) properly control the 1,4-dioxane pollution coming from their industrial customers using their authority under the Clean Water Act pretreatment program, and 2) apply for a variance if they are still not able to meet 1,4-dioxane water quality standards after controlling their industrial sources using their pretreatment authority.
The city of Greensboro has shown that it is possible to significantly reduce 1,4-dioxane pollution from municipal wastewater treatment plants and prevent the chemical from entering our drinking water supplies. By requiring its industrial customers responsible for creating the pollution to reduce or eliminate their discharges of 1,4-dioxane before sending their wastewater to the Greensboro wastewater plant, Greensboro limited the amount of untreated 1,4-dioxane pollution from entering the Haw River—Pittsboro’s drinking water supply.
We commend Greensboro for the steps it has taken to reduce its 1,4-dioxane releases. Greensboro’s actions have been successful and have in turn reduced our town’s exposure to this toxic chemical, as described by DEQ staff in the previous EMC meeting on March 13th. But we need all upstream cities, including Greensboro, Asheboro, and Reidsville, to continue to work towards controlling their industrial sources of 1,4-dioxane pollution.
Unlike the cities of Asheboro, Greensboro, and Reidsville, which have not spent exorbitant resources on controlling 1,4-dioxane, the Town of Pittsboro has faced unreasonable financial burden for a town of only 5,000. Pittsboro has had to incur costs in direct response to the risks of upstream 1,4-dioxane releases from municipal wastewater treatment plants, including the city of Greensboro’s. Pittsboro’s costs are associated with, among other things, flushing enormous amounts of tainted water from existing tanks to remove 1,4-dioxane, and increasing staff time to constantly monitor levels of 1,4-dioxane in its system. To protect Pittsboro residents, the town has also had to purchase drinking water from private businesses like the Chatham Marketplace to provide to community members (at no cost to them) during periods when the Town could not be sure of the 1,4-dioxane levels in its finished drinking water due to delays in lab analyses.
In addition, the Town of Pittsboro has committed to installing advanced treatment through a foam fractionalization process to treat industrial toxins like 1,4-dioxane (and per- and polyfluoroalkyl substances, or PFAS) to ensure it is providing safe drinking water to the community. The foam fractionalization process will cost the Town of Pittsboro $3 million.
We understand that the EMC will hold a special session to further discuss whether DEQ may proceed with a 1,4-dioxane standard in the upcoming Triennial Review package. Based on the costs of 1,4-dioxane pollution to downstream communities like ours—both financially and to our health, we respectfully request the EMC to approve the 1,4-dioxane standard as proposed in the Triennial Review package.
Thank you for your consideration. We are happy to share any additional information or answer any questions.
Sincerely,
Emily Sutton, Haw Riverkeeper
Elaine Chiosso, Executive Director
[1] DEQ set these limits using its authority to set limits on 1,4-dioxane using the narrative water quality standard for toxins in 15A N.C. Admin. Code 02B .0208.