DEQp00020509

IN <.
Grryb, Julie _
From: Benzoni, Francisco <[e-mail]>
Sent: Monday, September 11, 2017 2:28 PM
To: Culpepper, Linda; Grzyb, Julie
Cc: Lane, Bill F; Menard, Brenda; Spiller, Asher
Subject: FW: Information required by DWR - prioritization of certain items - ATTORNEY-CLIENT
PRIVILEGE; WORK PRODUCT; NOT A PUBLIC DOCUMENT
ATTORNEY-CLIENT PRIVILEGE; WORK PRODUCT; NOT A PUBLIC DOCUMENT
Redacted'.
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Thanks,
Francisco
Francisco Benzoni
c_ Assistant Attorney General
Environmental Division
919-716-6950
fbenzoni(@ncdoLgpv
114 W. Edenton St., Raleigh, NC 27603
ncdoj.gov
IMPORTANT: This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may contain
confidential attorney-client privileged information and attorney work product. If the reader of this message is not the intended
recipient, you are requested not to read, copy or distribute it or any of the information it contains. Any information not protected
by attorney-client privilege may be subject to North Carolina Public Records Act requests (N.C. Gen. Stat. § 132.1 et
sea.). Please delete the message immediately and send notification by return e-mail or by telephone.
From: Savarese, John F. [mailto:[e-mail])
Sent: Monday, September 11, 201712:23 PM
To: Benzoni, Francisco
Cc: Menard, Brenda; Spiller, Asher; [e-mail]; Gross, Joel M. (Arnold & Porter Kaye Scholer LLP); Levene, Ralph M.;
Wintner, Jeffrey M.; DeGeorge, R. Steven
Subject: RE: Information required by DWR - prioritization of certain items
Francisco —
As promised, we have been working with our client -- both over the weekend and earlier today -- to ascertain what
is possible. Based on that work, I can confirm that we will be able to supply documents responsive to your
prioritized requests 1 through 3 in your list below by Tuesday COB, with the possible exception of certain

information requested in Request 3(c) regarding wastewater flows from DuPont ( a tenant operation, as you know,
at Fayetteville Works). We have requested that DuPont provide us this information by tomorrow and our response
tomorrow will advise you whether we have received it.
In addition, it is your.requests 4 and 5 below that raise certain technical questions that we would like to discuss and
secure clarifications; specifically, Chemours requests a technical call between DEQ and Chemours to discuss what
analytical methods (if any) are available for the substances DEQ has identified, Chemours' ideas for how to provide
DEQ responsive information for those substances for which there are no authentic standards, and the timing for
providing additional sampling data. The Chemours team is available for such a call this Wednesday (9/13)
afternoon. Please advise what times on Wednesday afternoon work for DEQ and, if DEQ is unavailable then, please
propose alternative dates and times.
In the meantime, we wanted to identify responsive information to Requests 4 and 5 that either Chemours already
produced to DEQ or that DEQ already has in its possession. First, Chemours has produced to DEQ the discharge
monitoring reports ("DMRs") for Outfall 001. and 002 that cover the time period of January 2011 to June 2017 (CH-
FW-DEQ0002590 to CH -FW -DEQ -0003310). DEQ also has the July 2017 DMR that Chemours recently submitted as a
matter of routine permit compliance. These DMRs contain discharge data for: (1) pH, (2) TSS, (3) COD, (4) PFOA, (5)
metals, and (6) other substances. Second, Chemours' April 27, 2016 NPDES permit application contains additional
sampling data, including for pH, COD, and TSS. Finally, EPA's August 31, 2017 memorandum entitled "Laboratory
PFAS Results for NC DEQ Cape Fear Watershed Sampling Preliminary Non -Targeted Analysis"—which is attached to
DEQ's August 3111 press release -provides data regarding PFECAs and PFESAs in samples collected from Outfall
002.
For Request 6, Chemours will be able to provide the BMP for spill response this week or early next week.
For Request 7, Chemours will be able to resubmit a permit application within DEQ's original 60 -day deadline and
notes that some of revisions DEQ requested will be addressed before then in Chemours' responses to Requests 1,2,
4 and 5.
I hope this is helpful, and please get back to us with times on Wednesday afternoon that would work for you.
Regards,
John
From: Benzoni, Francisco [mailto:Fbenzoni(cbncdoj.gov]
Sent: Sunday, September 10, 2017 1:38 PM
To: Savarese, John F.
Cc: Menard, Brenda; Spiller, Asher; bill. lane ncdenr.aov; Gross, Joel M. (Arnold & Porter Kaye Scholer LLP); Levene, Ralph M.;
Wintner, Jeffrey M.; DeGeorge, R. Steven
Subject: RE: Information required by DWR - prioritization of certain items
John,
Please clarify which items your client would like to confer about, and confirm that your client can, in the
next couple of days, provide documents responsive to the first three items.
Thanks,

Francisco
From: Savarese, John F. fmailto•[e-mail]
Sent: Sunday, September 10, 2017 1:16 PM
To: Benzoni, Francisco
Cc: Menard, Brenda; Spiller, Asher; bill lane(@ncdenr.gov; Gross, Joel M. (Arnold & Porter Kaye Scholer LLP); Levene, Ralph M.;
Wintner, Jeffrey M.; DeGeorge, R. Steven
Subject: RE: information required by DWR - prioritization of certain items
Francisco --
Thanks for your note. We too felt that our discussions on Friday were productive, and we look forward to continuing to have a
constructive dialogue with you about open issues going forward. We are now conferring with our client concerning your listed
priority items, and we should be able to comeback to you tomorrow afternoon with a plan. In that regard, we continue to
think -- as we discussed with you and your colleagues on Friday afternoon -- that it would be very helpful to arrange a call
between the Company's technical experts and DEQ's experts to discuss questions we have about the content and scope of
certain of your priority items. We can arrange for such a conversation to take place on Monday afternoon if that works for
you.
Regards,
John
P.S. As you requested, I have "cc'd" Joel and Ralph here, and we will send you their full contact information tomorrow.
From: Benzoni, Francisco [mailto•Fbenzoni ncdoj.aov]
Sent: Sunday, September 10, 2017 8:10 AM
To: DeGeorge, R. Steven; Savarese, John F.; Wintner, Jeffrey M.
Cc: Menard, Brenda; Spiller, Asher; bill lane ncdenr.gov
Subject: RE: Information required by DWR - prioritization of certain items
Counsel,
In message below, replace "yesterday" with "on Friday, September 8."
Francisco
From: Benzoni, Francisco
Sent: Sunday, September 10, 2017 8:06 AM
To:'DeGeorge, R. Steven'; John F. Savarese (1FSavarese wlrk.com); Jeffrey M. Wintner ([e-mail])
Cc: Menard, Brenda; Spiller, Asher ([e-mail]); bilLlane ncdenr.gov
Subject: Information required by DWR - prioritization of certain items
Counsel,
We appreciate the productive discussion yesterday. With regard to an outstanding issue from the Partial
Consent Order (i.e. providing information required by DWR), please see below for DWR's prioritization of
some of the requisite items.
3

Within two (2) days (i.e., by close of business on Tuesday, September 12, 2017). These are items that
Chemours should have immediately available:
1. Provide a schematic of Chemours' process areas showing sumps, quench baths, and all points of
discharge to the WWTP.
a. Several versions of the wastewater flow schematics can be submitted to show the variation in
average wastewater flows during different campaigns.
2. Provide 2017 production data for June, July, and August showing what was being manufactured at
Chemours while recent sampling campaigns were occurring.
3. Provide a revised mass flow balance schematic that reflects the actual long-term average discharge
from Outfalls 001 and 002.
a. This mass balance should reflect the actual average discharge flows, process and non -process
wastewaters, discharged from Chemours, DuPont, and Kuraray America.
b. Adjustments should be made to Chemours' actual long-term average process wastewater
_ __discharges to subtract wastestreams captured for incineration. It is understood that revisions to this
schematic relating to Chemours process wastewaters may occur over time.
c. The revised flow balance for the DuPont wastewater treatment discharges including flows from
water treatment units as well as process wastewater flows should be included with this submittal.
Within seven (7) days (i.e., by close of business on Monday, September 18, 2017). These are items that
DWR has requested on several occasions:
4. Sample and provide test results from Outfalls 001 and 002 for pH, TSS, COD, PFOA, PFOS,
manufacturing operations specific organics, metals, all the chemicals on the handout provided to DEQ
on the July 27, 2017 site visit, PFECA compounds and PFESA byproducts.
a. Sampling shall be performed during dry weather.
b. Additional wastewater characterizations will need to be performed as new campaigns are
initiated.
5. Provide a description and characterization of the wastewaters from each point of discharge from the
Chemours process area (as identified on the Chemours flow schematic) to the WWTP. The
wastewater characterization shall include an analysis of pH, TSS, COD, PFOA, PFOS, manufacturing
operations specific organics, metals, and PFECA compounds. Specifically, testing shall be performed
at each discharge point for the parameters listed above, the chemicals on the list provided to DEQ on
the July 27, 2017 site visit, and PFESA by-products if believed to be present at that discharge point.
a. Some results for GenX have been received for these test areas.
=? b. Additional wastewater characterizations will need to be performed as new campaigns are
initiated.
Within a reasonable period of time. Please submit a schedule, as these items are required for renewal
of the NPDES permit:
Provide an electronic copy of the site's BMP plan addressing spill response procedures.
0
I 4

7. Submit a revised renewal application.
a. Remove process wastewater flows not to be covered under this renewal
b. Revised schematics, process and non -process wastewaters flows should be submitted along with a
clear characterization of all wastestreams (including the tenants).
Please share this communication with Ralph and Joel, and forward their contact information when
convenient.
Regards,
Francisco
Francisco Benzoni
Assistant Attorney General
Environmental Division
919-716-6950
[e-mail]
114 W. Edenton St., Raleigh, NC 27603
ncdoj.gov
IMPORTANT: This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may contain
confidential attorney-client privileged information and attorney work product. If the reader of this message is not the intended
recipient, you are requested not to read, copy or distribute it or any of the information it contains. Any information not protected
by attorney-client privilege may be subject to North Carolina Public Records Act requests (N.C. Gen. Stat. § 132.1 et
seg_). Please delete the message immediately and send notification by return e-mail or by telephone.
Please be advised that this transmittal may be a confidential attorney-client communication or may otherwise be
privileged or confidential. If you are not the intended recipient, please do not read, copy or re -transmit this
communication. If you have received this communication in error, please notify us by e-mail ([e-mail])
or by telephone (call us collect at 212-403-4357) and delete this message and any attachments.
Thank you in advance for your cooperation and assistance.
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GA