AQ_F_0900009_20211001_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF BLADEN
IN THE MATTER OF: ) CASE NUMBER 2021-057
CHEMOURS COMPANY— )
FAYETTEVILLE WORKS )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
Specific Limitation and Condition 2.2.D.1 )
and General Condition 3.F )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Michael A.
Abraczinskas,Director of the Division of Air Quality (DAQ), make the following:
I. FINDINGS OF FACT:
A. Chemours Company—Fayetteville Works (Chemours), is a chemical manufacturing
facility operating at 22828 NC Highway 87 West, Fayetteville, Bladen County,North
Carolina. The facility consists of six individual manufacturing plants, a boiler house and
a waste treatment operation.
B. Chemours is classified and permitted as a Title V facility. The current permit at the time
the violation was discovered was Air Permit No. 03735T48, which was issued on 13 May
2020. The effective date of the permit was 12 July 2020, with an expiration date of 31
March 2021.
C. Since 2017, the North Carolina Department of Environmental Quality (DEQ)has led a
State investigation into environmental contamination caused by GenX and other per- and
polyfluoroalkyl substances (PFAS) in the Cape Fear region. DEQ found that much of the
contamination of groundwater in this region, including private drinking water wells,was
linked to air emissions from the facility.
D. DEQ's investigation resulted in an enforcement action in Bladen County Superior Court,
in which DEQ sought injunctive relief requiring Chemours to cease and abate its
violations of North Carolina's surface waters and groundwater laws, including violations
of North Carolina's groundwater rules caused by Chemours' emissions of PFAS into the
atmosphere.
E. Sampling of private drinking water wells has resulted in the detection of PFAS
compounds originating from the Chemours facility at a distance of over 17 miles from the
facility. More than 5000 private drinking water wells have been contaminated with

Chemours Company—Fayetteville Works
DAQ Case No.2021-057
Page 2
PFAS originating from the facility,with over 250 wells contaminated by GenX at levels
that exceed the 140 ng/L, the health goal established by the North Carolina Department
of Health and Human Services.
F. On February 25, 2019, the Superior Court entered a Consent Order requiring Chemours
to, among other things, reduce facility-wide annual air emissions of GenX Compounds by
at least 99% from 2017 Total Reported Emissions. The Consent Order further provided
that this requirement, or a more stringent one,would be incorporated into an Air Quality
permit issued by DAQ.
G. As contemplated by the Consent Order, Permit 03735T48, Specific Limitation and
Condition 2.2.D.1, requires in part that"[TJhe Permittee shall reduce facility-wide
annual emissions (including fugitive, maintenance, malfunction, or accidental emissions)
of GenX Compounds to less than 23.027 pounds per year, which constitutes a 99 percent
reduction from the 2017 Total Reported Emissions of 2,302.7 pounds per year. "
"...Permittee shall demonstrate compliance with the GenX Compounds emission limit of
23.027 pounds per year by calculating annual emissions each calendar month for the
previous 12 months. "
H. On 28 April 2021, Chemours submitted a"Title V Plant-Wide 1Q21 Continuous
Compliance Report,"which summarized facility-wide GenX emissions through March
2021. Upon review of this report, DAQ determined that the methodology employed by
Chemours to calculate its annual GenX emissions was not appropriate.
I. On 29 June 2021, the facility was directed by DAQ to recalculate and submit GenX
emission estimates for the period beginning January 2020.
J. On 15 July 2021,DAQ received the recalculated emissions report from Chemours. The
report documented facility-wide emissions of GenX for each month and for each
12-month period beginning in January 2020 through June 2021. The data provided
documents that Chemours exceeded the permitted facility-wide annual GenX compounds
limit of 23.027 pounds per year for the 12-month periods ending in March, April, May,
and June 2021. The data provided in the report also established that Chemours would
remain in noncompliance for the months of July,August and September.' The data
provided indicates that the primary contributor to excess emissions at the facility was
emissions from Vinyl Ethers North indoor fugitive emissions processes as documented in
a stack test conducted on March 9, 2021.
K. Permit 03735T48, General Condition 3.F, states: "The facility shall be properly operated
and maintained at all times in a manner that will effect an overall reduction in air
1 The report also indicates that noncompliance may also persist into the future beyond the date of this Civil Penalty
Assessment. In Chemours' NOWNRE response,Chemours acknowledges as much,stating that"[b]ecause of the
12-month rolling calculation,the calculated annual emissions may not return to below 23.027 pounds until
approximately March 2022." Any period of noncompliance that occurs subsequent to this Civil Penalty Assessment
will be addressed through a separate action as appropriate.

Chemours Company—Fayetteville Works
DAQ Case No. 2021-057
Page 3
pollution. Unless otherwise specified by this permit, no emission source may be operated
without the concurrent operation of its associated air pollution control device(s) and
appurtenances. "
L. A Notice of Violation/Notice of Recommendation of Enforcement (NOV/NRE)was
issued to the facility on 26 August 2021, citing the following violations: failure to reduce
facility-wide annual emissions of GenX Compounds to less than 23.027 pounds per year
and failure to properly operate and maintain Carbon Adsorber ID No. NCD-Q3. The
NOV/NRE asked for a written response by 10 September 2021 providing, among other
things, a detailed timeline of events leading to the excess emissions as well as a detailed
plan of action to return to compliance with the cited requirement and the date by which
compliance is anticipated.
M. On 10 September 2021, DAQ Fayetteville Regional Office received Chemours' response
to the NOV/NRE. The response from the facility indicated that "Chemours has identified
fine particles ('fines')from the Agitated Bed Reactor ("ABR") as the main contributing
factor to the excess emissions in March 2021 from the Vinyl Ethers North indoor air
Carbon Adsorber unit. These fines appear to have passed through the filters into the unit
and then caused blockages in the carbon and carbon adsorber screens, reducing carbon
treatment efficiency sooner than expected. " The response further stated that"On
February 17 and 18, 2021, the feed line to the ABR became plugged, resulting in
maintenance being performed on the unit and additional fines inside the Vinyl Ethers
North building."
N. According to the NOV/NRE response letter, "Chemours promptly changed the carbon in
the Vinyl Ethers North indoor air Carbon Adsorber unit on 6 April 2021,following the
receipt of the March testing results, and then changed the carbon again on 5 May 2021
(between production campaign change from PSEPVE to PPVE " "...Testing on 17 May
2021 showed that GenX Compounds emissions from the Carbon Adsorber unit had
returned to their usual lower levels. "
O. Based on the information reviewed by DAQ as part of its investigation,including the
stack test results and the NOV/NRE response, at a minimum, the Carbon Adsorber Unit
was not properly operated or maintained from the date of the stack test (9 March 2021)
until the date of the change out of the carbon in the Carbon Adsorber unit(6 April 2021).
The total operating day during this time period is 26 days. In addition, due to the fact that
the feed line became plugged on 17 February 2021 and 18 February 2021, the period of
improper operation of the Carbon Adsorber leading to excess emissions may have been
longer.
P. According to the NOV/NRE response letter, "Chemours has developed a series of
actions to implement for continued, longer-term improvements for treating indoor air
emissions from Vinyl Ethers North. " Chemours has implemented or plans to implement
the actions shown in the table below:

Chemours Company—Fayetteville Works
DAQ Case No.2021-057
Page 4
I-7 Timm g—
Upgrade ABR Room Filter and Elements—to reduce
fines in VEN buildin Completed 9 September 2021
g
F-Increase use of Helium Testing—for leak identification 6mPieted 9 September 2021
..............
Upgrade Control Valves with Bellows Packing—for leak 7 October 2021 facility
reduction turnaround ("TAR")
Replace Manual Valves with Low Emissions Packing— October 2021 TAR and
for leak reduction first half 2022
Receipt of FLIR Cameras—for leak identification first half 2022
Install Differential Pressure Readings on Filters in first half 2022
Carbonate Service.7-to monitor for filter changes F
Replace Carbonate Exhaust Blower Filter—to reduce
second half 2022
......fine,s in VEN building
Replace ABR Bag Filter—to reduce fines in VEN
building
second half 2022
Replace Tubing with Hard Pipe—for leak reduction second half 2022
Replace Threaded Connections with Flanged
Connections—for leak reduction second half 2022
Q. Air Quality Enforcement History.
04/17/2020—NOV issued for failure to maintain the scrubbing liquid flowrate at
greater than 2.9 gallons per minute.
R. The costs of investigation or inspection in this matter totaled $611.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Chemours Company—Fayetteville Works,was in violation of Specific Limitation
and Condition 2.2.D.1 for failure to reduce facility-wide annual emissions of
GenX Compounds to less than 23.027 pounds per year.
B. Chemours Company—Fayetteville Works,was in violation of General Condition
3.17, for failure to properly operate and maintain Carbon Adsorber ID No.
NCD-Q3.
C. G.S. 143-215.114A provides that a civil penalty of not more than twenty-five
thousand dollars per violation may be assessed against a person who violates or
fails to act in accordance with the terms, conditions, or requirements of a permit
required by NCGS 143-215.108 or who violates any regulation adopted by the

Chemours Company—Fayetteville Works
DAQ Case No. 2021-057
Page 5
Environmental Management Commission.
D. G.S. 143-215.3(a)(9)provides that the costs of any investigation or inspection
may be assessed against a person who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit required by G.S. 143-215.108
or who violates any regulation adopted by the Environmental Management
Commission.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Chemours Company—Fayetteville Works is hereby assessed a civil penalty of:
$ I S, 000. oU For seven (7) violations of Specific Limitation and Condition
2.2.13.1 for failure to reduce facility-wide annual emissions of
GenX Compounds to less than 23.027 pounds per year (12-
month periods) ending in March 2021 through September 2021
$ 13U� 060 - a' For twenty-six (26) violations of General Condition 3.F, for
failure to properly operate and maintain Carbon Adsorber ID
No. NCD-Q3 from 3/9/2021 to 4/5/2021
$ 3 OS, (300. TOTAL CIVIL PENALTY, which is 3 7 percent of the
maximum penalty authorized by G.S. 143-215.114A.
$ 611 Investigation costs.
$ 3 05� (o I l , v 0 TOTAL AMOUNT DUE

Chemours Company—Fayetteville Works
DAQ Case No.2021-057
Page 6
Pursuant to G.S. 143-215.114A in determining the amount of the penalty,I considered the factors
listed in G.S. 143B-282.1(b) and 15A NCAC 02J .0106,which are the following:
1) The degree and extent of harm to the natural resources of the State,to the public health,
or to private property resulting from the violation(s);
2) The duration and gravity of the violation(s);
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
10 A A --&�k..Q a,
Date Michael A. Abraczinskas, Director
Division of Air Quality