DEQ-CFW_00049725

From: Sink, Marla [/O=EXCHANGELA8S/OU=[XCHANGEADMINISTRATIVE GROUP
(FYD|BOHF2]SPDLT)/CN=REOP|ENTS/CN=1443GCDF33F147ACADG2D89C87DCF81B-yWARLA.5|NK]
Sent: 6/22/I0I71:3I:I2PW1
To: 6oyb,Julie [/h=ExchangeLabs/ou=ExzhanXeAdministrative Group
(FYD|8OHFZ33PDO)/cn=Redpient$cn=75d1654d45154cZabbO8596aZc9atIQI-jaXrzyb]
Subject: RE: Vaughn: answers toyour questions
[heckng.—
Marla Sink
Public Information Officer
Department ofEnvironmental Quality
Division ofWater Resources
From: Grzyb, Julie
Sent: Thursday, June 22, 2017 9:29 AM
To: Sink, Marla <[e-mail]>
I am in meetings till 12 and need to find out from Connie if I need to provide questions on the call to TSCA CBI.
Won't beable togive you atime that |amavailable till around l.
Can hejust send them tome, so|can work onthem as|have time?
Julie
From: Sink, Marla
Sent: Thursday, June JJ,Z017Q:S7AK4
To: Grzyd,Julie
Cc: Munger, Bridget Kritzer, Jamie
Subject: FW: Vaughn: answers to your questions
Hi Julie,
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 ofEnvironmental Quality
Division ofWater Resources
512North Salisbury Street
1611 Mail Service Center
Raleigh, NC 27699-1811

From: Kritzer, Jamie
Sent: Thursday, June 22, 2017 7:49 AM
To: Vaughn Hagerty <[e-mail]>
Cc: Sink, Maria <[e-mail]>; Munger, Bridget <[e-mail]>
Subject: RE: Vaughn: answers to your questions
Vaughn,
Bridget and Maria will work on arranging a time for a discussion with Julie.
Jamie Kritzer
Communications Director
N.C. Department of Environmental Quality
919-707-8602
oa.il
From: Vaughn Hagerty [mailto:vaughn.hagerty2gmaii.com]
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 <janiie.kritzerLa)ncdenr.gov> wrote:
Vaughn,
Please see the answers to your questions below.
DEQ-CFW-00049726

Sorry for the delay. Staff are working on a lot of fronts right now.
Jamie
W
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 BYPO dimer acid [call me on this correction I 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 an,vii,er to quesion /,/2; theY dh-1 nolifiv
2) Has GenX ever been mentioned as part of the Fayetteville Works NPDES permit or permit application?
DEQ-CFW-00049727

re�eniapplication descaidesse dferenaracurins areas. In that description, they% recognized the
production (?f HFPO monomer (Which is being re/erred to as GenX) and the 14nyl ether monomers in the
ii,asteii,ater. the �vaste�vater° generated as a result of these processes is sent to the u,asteu,ater treatment plant,
according to the permit application. TVe �rere informed that the Chemours' olymerprocessing aid (additional
GenX contponndl) marcu./actur-ing area is a closed I€ op system. In other �ord,�, the waste gener-aced during
these processes is captured errs -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?
l hey uvr•e all identified in the 2016 application and all pr•ei4ous applications as HI7)0 monomer (O ich are
being reO reed to as GenX) and the 14nY1 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?
Me "1016 renes al application does mention -ffhTO monomer (�O ich is being referr-ed to as GenX) and the
Finyl T.'thea monomers in the �4,aste�4,ater.
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%fat j ou described is incorrect. Mease see wis~ eas aboi e.
Again, I'm writing this story today. In fact, I'll have most of it finished before noon.
Regards,
Vaughn Hagerty
DEQ-CFW 00049728