HomeMy WebLinkAboutDEQ-CFW_00003148From: Kritzer, Jamie
Sent: Tuesday, June 20, 2017 5:47 PM
To: Vaughn Hagerty <vaughn.hagerty(@gmail.com>
Cc: Kritzer, Jamie <jamie.kritzerPncdenr.gov>; Sink, Marla <Marla.Sink@ncdenr.gov>; Munger, Bridget
<bridget.mungerPncdenr.gov>
Subject: Vaughn: answers to your questions
Vaughn,
Please see the answers to your questions below.
Sorry for the delay. Staff are working on a lot of fronts right now.
Jamie
All:
As I indicated to Marla yesterday afternoon, I'm writing a story today regarding Chemours'
NPDES permit.
I had a fairly extensive conversation yesterday with a former EPA attorney who teaches
environmental law focused on regulations and policy. He also has written a number of texts and
course materials for teaching this subject. So, he seems to be pretty knowledgable.
He essentially said that Dupont and now Chemours would have to have mentioned GenX
(perhaps using a different name) in its applications for NPDES permits in force since 1980
regardless of whether it is a "regulated substance." The company has said Ge HFPO dimer
acid [call me on this correction] is discharged at its point source, which the permit covers.
If Chemours or DuPont has not listed GenX, then that may constitute violations under the Clean
Water Act.
The company also should have listed the "novel" substances mentioned in Sun, et al., on the
permit applications. My understanding is that, based on sampling above and below the
Fayetteville Works, those appear to be emanating from the Fayetteville Works. Chemours holds
the permit governing those discharges and, as such, is responsible for such reporting.
1) Does DEQ agree with this assessment? If not, please let me know which parts are incorrect
and what the correct interpretation should be.
See answer to question 42; they did notify us.
2) Has GenX ever been mentioned as part of the Fayetteville Works NPDES permit or permit
application?
The permit application describes five different manufacturing areas. In that description, they
recognized the production of HFPO monomer (which is being referred to as GenX) and the vinyl
ether monomers in the wastewater. The wastewater generated as a result of these processes is
sent to the wastewater treatment plant, according to the permit application. We were informed
that the Chemours' polymer processing aid (additional GenX compounds) manufacturing area is
DEQ-CFW 00003148
a closed loop system. In other words, the waste generated during these processes is captured on -
site and not discharged to the river.
3) What about any of the "novel" substances listed in Sun, et al.? Have they ever appeared in the
company's NPDES permit or permit application? If so, when and how were they mentioned? If
not, why not?
They were all identified in the 2016 application and all previous applications as HFPO
monomer (which are being referred to as GenX) and the vinyl ether monomers.
4) GenX does not appear in the April 2016 permit renewal application. Can you confirm that and
help me understand why it does not and what that means in terms of that application?
The 2016 renewal application does mention HFPO monomer (which is being referred to as
GenX) and the Vinyl Ether monomers in the wastewater.
5) If what I describe above is correct, then according to Section 402 of the CWA, the state is
bound to "abate violations of the permit or the permit program, including civil and criminal
penalties and other ways and means of enforcement." Please let me know how the state plans to
proceed in this case.
What you described is incorrect. Please see answers above.
Again, I'm writing this story today. In fact, I'll have most of it finished before noon.
Regards,
Vaughn Hagerty
DEQ-CFW 00003149