DEQ-CFW_00079110

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Sent:
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CC:
Sink, Marla [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=14436CDF33F147ACAD62DB9CB7DCF81B-MARLA.SINK]
6/22/2017 12:56:42 PM
Grzyb, Julie [/o=ExchangeLabs/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=75d1654d45154c2abb08596a2c9af282-jagrzyb]
Munger, Bridget [/o=ExchangeLabs/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=c54elf650cea49968a5aba689c204f61-bcmunger]; Kritzer, Jamie
[/o=ExchangeLabs/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=cee93c49d01445a3b541bb327dcdc840-jbkritzer]
FW: Vaughn: answers to your questions
Are you available today to discuss some NPDES permit questions with Vaughn? If so, I will set up a phone conference.
Thanks,
Marla
Marla Sink
Public Information Officer
Department of Environmental Quality
Division of Water Resources
919 707 9033 office
[e-mail]
From: Kritzer, Jamie
Sent: Thursday, June 22, 2017 7:49 AM
To: Vaughn Hagerty <[e-mail]>
Cc: Sink, Marla <[e-mail]>; Munger, Bridget <[e-mail]>
Subject: RE: Vaughn: answers to your questions
Vaughn,
Bridget and Marla will work on arranging a time for a discussion with Julie.
Jamie Kritzer
Communications Director
i-•.rtment of EnvironmentalQuality
5 •' f .,i
as ns
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DEQ-CFW 00079110

R he
From: Vaughn Hagerty [mailto:[e-mail]]
Sent: Thursday, June 22, 2017 7:22 AM
To: Kritzer, Jamie <jam ie.kritzer@ ncdenr.gov>
Cc: Sink, Maria <[e-mail]>; Munger, Bridget <[e-mail]>
Subject: Re: Vaughn: answers to your questions
Jamie,
I'd like to discuss these responses in a phone conversation, ideally with someone from Julie Grzyb's office or
someone who can address issues related to NPDES permits. I want to make sure we're all talking about the
same thing.
Is there a time either Friday or Monday? If not, please suggested a day/time that works.
Regards,
Vaughn Hagerty
On Tue, Jun 20, 2017 at 5:46 PM, Kritzer, Jamie <j amie.kritzer. La),ncdenr. gov> wrote:
Vaughn,
Please see the answers to your questions below.
Sorry for the delay. Staff are working on a lot of fronts right now.
Jamie
UE
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 GenX HYPO dimer acid [call me on this correction I is
discharged at its point source, which the permit covers.
DEQ-CFW-000791 11

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.
,` ee an.siver• to question #2, thej, did roof`; us.
2) Has GenX ever been mentioned as part of the Fayetteville Works NPDES permit or permit application?
lire permit application describes ,rive diifftrent mangfacturin, g areas. In that description, they recognized the
production cr li'lY'l'O monomer rues NBrich is heii�q referr d to as Gen V) and the i4nj4 ether monorners in the
�)aste�))aler. the u,asteu,atea generated as a result c?fthese processes is seat to the i4wsteiAwier treatmentl-V ant,
according, to the lrer mit application. P17e uvre inrfcrr red that the Chemours ` polMer 1)roc;essing aid (additional
Gen coml?aunuls) mangfi c°tuning area is a closed loop syPStem. In other ivords, the ivaste �-enerated dua hi g
these l�r ocesses is captured urns -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?
Yhej, u,er°e tall identified in the 2016 a lVication and allpr°ei4ous applications as 11PPO monomer~ (Which are
being referred to as Gert_Y) and the vinY1 ether monoruers.
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?
DEQ-CFW 00079112

1 he.3 1016 rene-wwl cipplication does mention Ht PO monomer (which is beiiW r� f rre.3cl to cis Gen YTS m7d the
T invl Ether monomers in the wasteivater.
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.
T,%hat j=oi., clescrir' ed is incorrect. Plec7se see cmswers aboi v.
Again, I'm writing this story today. In fact, I'll have most of it finished before noon.
Regards,
Vaughn Hagerty
DEQ-CFW 00079113