DEQ-CFW_00078838

From: Vaughn Hagerty [veughn.hagerty@gmaiicom]
Sent: 6/20/201710:50:28PyW
To: Kritzer, Jamie [/o=ExchangeLabs/ou=ExchangeAdministrative Group
(FYD|BOHFI]3PDLT)/cn=Kecipients/cn=cee93c49dO1445a]b54Ibb]I7dcdc84O-jbkhtzed
CC: Sink, Marla [/o=ExchangeLabs/ou=ExchanXeAdministrative Group
(FYD|BOHFI]3PD[n/cn=Kedpients/cn=14436cdf33f147acad6Idb9cb7dcf8Ib-W1ar|a.Sink];K8unXer,8ridXet
[/o=ExchanXeLabs/ou=ExchanXeAdministrative Group
(FYD|BOHFI]3PD[n/cn=Kedpients/cn=c54e1f65Ocea49968a5aba689cZO4f6I-bcmunger]
Subject: Re: Vaughn: answers toyour questions
Jamie. lin currently on the road but l\»o passed along the info on Gen}{vsBOFP(] dineracid b`the
StarNevvo. [U probably want tn circle back on this late this week or early next. Thanks for your help!
(]nTueJun 2O 2O|7n15:46PM, Kritzer, Jamie j i wrote:
Please see the answers 0oyour questionshc]ovv.
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.
lhad ufairly extensive conversation yesterday with ufonnerEPA 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.
Hcessentially said that Dupont and now Cheoonuruwould have k`have mentioned Gco7{(perhaps using o
different name) iuits applications for NPDESpermits inforce since l90O regardlessnfwhether itioa
"regulated substance." The company has said GenX HFPCI dimer acid [call me on this correction] is
discharged at its point source, which the permit covers.
If ChemoursmDuPont 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 ansiv3e• to question � 2; they did nott�y, its.
2) Has GenX ever been mentioned as part of the Fayetteville Works NPDES permit or permit application?
the permit a1)lVication describesfive different manufacturing areas. 11z that clescripion, they recognized the
1-)ro ucti€ n of HI-710 monomer (�O ich is being rejLr ed to as GenX) and the vinj4 ei er monomers in the
vvastevvatea. I he �vaslet vaier generated as a result oft ese processes is seat to the �raste�rater treatment plant,
according to the It ern it alyVication. Tf%e wvere it?f6rined that the C'hemours' polymer I�rocessing aid (additional
Cie .'coaazpcau c s) aazaaaalfactua is g area is a closed logy sj=stem. In other iv orris, the waste generated during
these processes is captured on -site and not discharged to the rive.
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?
i''ltel; ivere all identified in the 1016 cr1,17lication and all previous a1)lVications as Hh'110 monomer (iv hich are
being referred to as GenX) and the viavl 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?
e 2016 reneival aplVication does mention HFPO monomer (ivhich is being 7"gkrred to as Gen.) and the
Vim,, ether monomers in the ivasteivater.
DEQ-CFW 00078839

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.
Whatyou described is incorrect. Please see ansu,ers above.
Again, I'm writing this story today. In fact, I'll have most of it finished before noon.
Regards,
Vaughn Hagerty
DEQ-CFW-00078840