DEQ-CFW_00049697

From: Grzyb, Julie [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDI BO H F23SPDLT)/CN =RECI P1 ENTS/CN =75D 1654D45154C2ABB08596A2C9AF282-JAG RZYB]
Sent: 6/20/2017 3:58:48 PM
To: Rodriguez, Teresa [[e-mail]]
Subject: FW: Story I'm writing today on Chemours, GenX, NPDES
Lets discuss
From: Sink, Maria
Sent: Tuesday, June 20, 2017 8:36 AM
To: Grzyb, Julie <[e-mail]>
Cc: Kritzer, Jamie <jam ie. kritzer@ ncdenr.gov>
Subject: FW: Story I'm writing today on Chemours, GenX, NPDES
Hi Julie,
Please see Vaughn Hagerty's information on permitting from a former EPA attorney.
Maria Sink
Public Information Officer
Department of Environmental Quality
Division of Water Resources
919 707 9033 office
.. .. ... ... .. .
512 North Salisbury Street
1611 Mail Service Center
Raleigh, NC 27699-1611
From: Vaughn Hagerty [Mjilt : ,
.. ..... ....
Sent: Tuesday, June 20, 2017 6:09 AM
To: Kritzer, Jamie <jarr-.�ie.kritzer Sink, Maria <M�Ia.Si�nk@nc�denr. �ov>; Munger, Bridget
<b id 'tnnun r@ncdenr Rov>
gf ................... gf ................................. : . ........
Subject: Story I'm writing today on Chemours, GenX, NPDES
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 GenX 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
DEQ-CFW-00049697

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.
2) Has GenX ever been mentioned as part of the Fayetteville Works NPDES permit or permit application?
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?
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?
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.
Again, I'm writing this story today. In fact, I'll have most of it finished before noon.
Regards,
Vaughn Hagerty
DEQ-CFW-00049698