I respectfully request that the Department hold a public hearing for draft NPDES Permit NC0002305 for the Lear Corporation. We also ask that the Department provide a virtual option for any public hearing held.

Providing a public hearing on this draft permit is important for several reasons, including:

1. State and university research have shown that North Carolina’s environment, drinking water supplies, and residents across the state have already been highly exposed to PFAS. It is also well-established that PFAS are toxic to humans and harmful to our environment.

2. It is important that the permit for Lear includes clear, enforceable limits for PFAS to protect community members. EPA has reaffirmed that the Department can and must assess such limits for Lear’s permit. EPA’s comments on the draft permit, sent to the Department by email on May 6, 2024, state that:

a. Lear’s “discharge directly impacts surrounding environmental justice communities and subsistence fishing that is prevalent in the Cape Fear River Basin.”

b. PFAS are “proven to be persistent and highly toxic to humans, wildlife, and the environment.”

c. The “draft permit does not adequately protect the health of the public or aquatic environment” in part because the draft permit “lacks [technology-based effluent limits], best management practices (BMPs) and/or limits on PFAS.”

d. “To ensure protection of downstream communities and aquatic life, the factsheet must contain a robust [best professional judgement] analysis of the best technology available to reduce PFAS in the discharge.”

e. “The state does not have to wait, and should not wait, for EPA…”

3. The current draft permit for Lear does not include any clear, enforceable limits for PFAS. Any permit that fails to control Lear’s dischargers through enforceable PFAS limits threatens the health and safety of North Carolina communities.

4. We hope the Department acts to protect people over polluters, and that the agency includes PFAS limits in Lear’s permit. Given the number of community members who could be impacted by Lear’s PFAS pollution and who are invested in the outcome of this permit, we feel it is important to request a public hearing at this time to ensure that all community members have an opportunity to express their thoughts and concerns regarding the draft permit.

Providing a virtual public hearing option is important for three reasons:

1. Because PFAS travel extremely far, Lear’s PFAS pollution can affect communities dozens of miles downstream;

2. Many community members who are impacted by the discharge live further downstream in the watershed and may not be able to attend a public hearing in person during a weeknight, given that many of them work and have families to care for in the evenings; and

3. Potentially impacted community members who live further downstream have already been exposed to unacceptable levels of PFAS from Chemours' facility (and other industries in the watershed) and should be given an opportunity to voice their concerns about further PFAS exposure from other sources.

Thank you.