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2018-08-15 Workshop Minutes CFPUA WORKSHOP EMERGING CONTAMINANTS AND SWEENEY PLANT UPGRADES AUGUST 15, 2018 Board Members Present: Bill Norris, Chair Wes Corder, Vice-Chair Jennifer Adams, Secretary Mike Brown, Treasurer Pat Kusek Cindee Wolf Larry Sneeden Deans Hackney Kevin Charlie Rivenbark Skip Watkins Staff Present: Jim Flechtner, Executive Director Frank Styers, Chief Operating Officer Lindsey Hallock, Environmental and Public Policy Director Beth Eckert, Environmental Management Director Carel Vandermeyden, Engineering Director John McLean, Chief Financial Officer Peg Hall Williams, Chief Communications Officer Kristi Irick, Customer Service Director Viktoriya Rumyantseva, IT Department Donna S. Pope, Clerk Attorneys Present: Linda A. Miles, Miles Firm, PLLC George House, Brooks, Pierce Guests: Dr. Jamie DeWitt, East Carolina University Dr. Ralph N. Mead, UNC-Wilmington Dr. Megumi Shimizu, UNC-Wilmington CFPUA EMERGING CONTAMINANTS WORKSHOP AUGUST 15, 2018 1 Dr. Brooks Avery, UNC-Wilmington Pat Seaton, UNC-Wilmington Honorable Ted Davis, Jr. Jeff Gerken, H2Go William Beer, H2Go Kerri Allen, NC Coastal Federation Heidi Cox, NC Department of Environmental Quality Lindsay Boone, Enthalpy Analytical Ashley Nifong, GEL Labs Annie Snider, Politico Mike McGill, Water PIO Leslie Cohen Tom Newcomb Michael Bennett Citizens and media representatives Mr. Norris called the meeting to order at 9:00 AM, with all Board members present. Mr. unanimously. Mr. Flechtner welcomed those present. He stated that the health of the people in our community is of vital importance, and the issues being discussed would be present for years to come. Mr. Flechtner introduced Drs. DeWitt and Meade. He thanked staff members for their work on the issues surrounding PFAs and other emerging compounds. After 14 months of work and prepared to recommend board action based upon science and fact. Mr. Flechtner reported that companies can make new chemicals faster than regulators can keep up with them. Fewer of 10,000 of the 85,000 chemicals registered under the Toxic Substances Control Act have undergone toxicological studies. Perfluorinated and polyfluorinated compounds (PFAS) are among those emerging contaminants. They are found throughout the nation from industrial and military sites. CFPUA continues to meet all state and federal drinking water regulations. Since June 2017, CFPUA has worked with UNC-Wilmington to identify new compounds. Staff has worked with CFPUA EMERGING CONTAMINANTS WORKSHOP AUGUST 15, 2018 2 the North Carolina Division of Environmental Quality (NCDEQ) and the North Carolina Department of Health and Human Services (NCDHHS) to understand the health impacts of PFAS groundwater sites, and removed 50 million gallons of treated water from the Aquifer Storage and Recovery site. CFPUA has conducted a pilot study for enhanced treatment of surface water at the Sweeney Water Treatment Plant. Staff has participated in forums and conferences in the region regarding the eme CFPUA monitors for 45 different PFAS. 37 PFAS have testing standards. Of those, ten are consistently detected in CFPUA water. Source control at the Chemours plant has decreased the levels of GenX in surface water. GenX is still present in groundwater near the plant site and in river and creek sediment. Dr. Mead presented water. Weekly sample collection began on November 28, 2017, and will continue through August 31, 2018. Results are complete for November through May, and the June to August samples are still being processed. GenX, Nafion byproduct compounds, and two additional, new PFAs were found in the water. Future steps will be to identify and characterize potential new compounds, obtain standards to confirm structure and quantify concentrations, determine other environments containing PFAS, and collaborate with Dr. DeWitt and other colleagues on human health studies. The UNC-W team will be available to assist CFPUA as needed. Dr. Mead thanked CFPUA for the partnership, stating that it was on the forefront in the field of emerging compounds. He recognized his team of students from the UNC-W Marine and Atmospheric Chemistry Research Laboratory. Dr. Mead answered questions from Board members regarding concentrations of compounds, rainfall and sediment occurrence, and unidentified compounds. Dr. DeWitt explained that she studies environmental toxins through experiential models. People are living longer and developing more chronic diseases. We are exposed to PFAS in many places, including water, air, and ground sources. Ingestion and skin exposure are pathways to exposure. Drinking water can account for 20 to 80 percent of exposure, and minimizing exposure through drinking water can be a significant way to reduce exposure to toxins. PFOAs have been linked to kidney and testicular cancer, elevated cholesterol, thyroid diseases, ulcerative colitis, and hypertension and preeclampsia in pregnant women. PFAS studies have identified developmental and reproductive toxicity, immune system effects, and liver damage. CFPUA EMERGING CONTAMINANTS WORKSHOP AUGUST 15, 2018 3 Those most sensitive include breastfed infants and unborn fetuses. Children and those living in poverty have a disproportionately high exposure risk. other PFAS. Dr. DeWitt stressed that reducing exposure to chemical compounds in the environment and through drinking water could reduce the risk of chronic diseases as people age. Dr. DeWitt answered questions from Board members regarding the compounds being discussed and the uses of microplastics. Ms. Eckert and Mr. Vandermeyden reviewed the regulatory framework. The Federal Clean The Safe Drinking Water Act (SDWA) was designed to work in conjunction with the CWA. Under those laws, discharges must be permitted. The State of North Carolina governs the permitting of discharges through the Department of Environmental Quality (DEQ). DEQ is sampling Chemour The Environmental Protection Agency (EPA) has established methods to measure 14 PFAS found in drinking water. The EPA held a summit in May in which Mr. Vandermeyden participated for CFPUA. The EPA is developing human health toxicity values for GenX and other compounds. The agency is holding community listening meetings across the nation, including one in Fayetteville on August 14. A PFAS management plan is expected to be complete later this year. GenX and other PFAS are unregulated in water, air, and sediment. Some states have set their own limits for such compounds. Chemours asked the state for a groundwater level of 75,000 parts per trillion (ppt). The NC Department of Health and Human Services has set a health goal of 140 ppt for PFAS. The NC Science Advisory Board is reviewing the health goal, and the SAB statement is forthcoming. An official nationally accepted maximum level for short-chain PFAS such as GenX will probably not be established in the near future. Dr. DeWitt, Ms. Eckert, and Mr. Vandermeyden answered questions from Board members. Ms. Kusek urged community members and media representatives to contact DEQ and the governor asking them to shut down Chemours. Messrs. Styers and Vandermeyden presented treatment improvements that can address GenX CFPUA EMERGING CONTAMINANTS WORKSHOP AUGUST 15, 2018 4 exchange, and reverse osmosis. Staff has completed a pilot study of granulated activated charcoal (GAC). GAC is the treatment alternative that will work best at the Sweeney plant. It is the most flexible of the three treatment options and can be modified to adapt to regulatory changes. The initial capital cost of adding GAC to Sweeney is $46 million, with an annual operating cost of $2.9 million. Mr. McLean presented potential rate impacts and a comparison of CFPUA rates with other NC utilities. If CFPUA upgrades the plant and receives full cost recovery from Chemours in FY24, the rate impact for FY20-23 would be $2.50 to $4.64 monthly for the average residential customer. There would be no rate impact once costs were recovered. Should CFPUA not receive cost recovery from Chemours, the rate impact would be $2.50-4.64 monthly for FY20-23 and between $4.36-$4.61 monthly beginning in FY24 and going forward. survey was provided in paper form and on the website. It was designed to solicit feedback from customers and other members of the community regarding their concern about PFAS, regulatory responsibility, and thoughts on paying for Sweeney upgrades. The survey was not a representative sample of the entire service area, but of the 247 responses, a majority received water from the Sweeney plant. Ms. Hallock reported that it is extremely clear that most customers believe Chemours should Pay for any treatment upgrades. Customers wanted CFPUA, other governing bodies and agencies, citizens, and industry to work cooperative to protect and support the environment. Mr. Flechtner stated that Chemours and DuPont have regularly reported to their investors that there are health concerns and potential liability associated with the compounds the companies use and produce. He firmly believes that the people in our community deserve the best water that we can provide and that CFPUA should do more to protect customer health. In September, staff will present the Sweeney treatment enhancement design project to the Board. If the Board approves and we move forward with the project, staff will send customer letters regarding the project, hold public meetings, and do outreach in the community. Design is expected to take 12 months to complete, and the project will take 30 months for bidding and construction. Mr. Brown commented that the State of North Carolina enforces the Clean Water Act and has the wherewithal to enforce penalties on Chemours. Ms. Miles confirmed that the penalties exist and reported that civil penalties usually go to the school systems. CFPUA EMERGING CONTAMINANTS WORKSHOP AUGUST 15, 2018 5 Representative Davis stated that NC DEQ has the power to shut down work at the Chemours plant and that the Clean Water Act places the burden on manufacturers to control their discharges and keep waters safe. He thanked CFPUA for its work. The Board received comment from Ms. Cohen, Ms. Nifong, and Messrs. Newcomb, Bennett, and McGill. Staff, the Board and Drs. DeWitt and Meade answered questions from the audience. Ms. Kusek moved to enter closed session to discuss CFPUA v. Chemours and Dupont. Mr. Rivenbark seconded the motion, and it passed unanimously. The Board entered closed session at 11:25 AM, received a report from legal counsel, and provided direction. Ms. Kusek moved to return to open session. Mr. Rivenbark seconded the motion, and it passed unanimously. The Board returned to open session at 11:55 AM. Mr. Sneeden moved to adjourn. Mr. Rivenbark seconded the motion, and it passed unanimously. The Board adjourned at 11:56 AM. The workshop presentations from the workshop are available on the CFPUA website and are incorporated herein by reference. Respectfully submitted, Donna S. Pope Clerk to the Board CFPUA EMERGING CONTAMINANTS WORKSHOP AUGUST 15, 2018 6