DEQ-CFW_00083522

Mr. Ellis R cGaug y
Plant Manager
The Chemours Company
22828NIC Highway 87
Fayettevi e, North Carolina 28306-7332
€ bj t; 0-Day Notice of Intent to s -iNPES Pemit NO 3573
The Cheniours Company,'Fayeftevilk� Works
Deer Mr, McGau y—
r ua t to 15A NCAC 11,0112(b)O k 1.1. 1 (a), the North. Carolina Do aTnnon.t of
Environmental lity (DEQ), Division of Wat r Rosorr. s (DW3.) hereby provides notice of
�its intent to suspend.NPDES Permit 00 3 d (Pit)1 . 60 days,
'Under I iA NCAC 21-1 z t 12(b)( ) and 2H � 11 (a), DVNR is autho zed to suspend a perrait o
multiple bases" 1 cludi t for "obtaining a pennit by or failure to disclose -fully
all relevant facts." ' eye, rules t r authorize, DWR to suspe d a :€gin t based on the critci
ssei incorporated troy 40 CFI 12 F Include "[flhe er.m1tt `,� failurein the application
r during the permit issu=ce process to disclose fully 01 relm_ t fhcts, wr the pemiftWs
1srer sentation of any relevant facts it my ," The, cr1teria 1fsted i . 40 CFR 12162 also
authorize DWR to suspend a permit M.,,ed on the receipt of nuv,, infi -nation that was ut
availableat the time. € f permit issuwtcc and '%vould hme ust1 o the a k� ationof different
pen -nit conditions the time ofiss ce,"
Be-d on our review of the historyof NPDES Pert NCO003 5 73 for the Ce oar Fayetteville
Works, there, is sufficient cause to suspend the Pit under the provisions cited in the letter,
We have found no evidence in the'Permit file indicate that Chernours or :wont (Chemours'
re,xssor) diselosed the discharge to surface water of Cien-X compounds at theFayetteville
Works, In part10tar, die 'PUES pennit renewal applications submitted to t) R contain no
reference to ""Gen "k or to any ohem1ca1 name, forniuN, or CAS ,umber that would identify any
GunX compounds in the disdharge,
In fact the inlarm tln . provided by DuPont and (,hemoun, led R. stiff toreasonably believe
t i,it no d1,qc1t,gzg o ° m . ,id ceR
6tl Mmi S,,- ,4o C"Co £" .k f y i>X£ Cx ol: =2;F9t�_a£i 91
M.-707.%00
DEQ-CFW 00083522

with DE Q representatives. During that meeting, the DuPont representatives provided an update
on the anticipated use of GenX technology at the Fayetteville Works as a replacement for the
perfluorinated compound PFOA. However, the information DuPont provided indicated that the
GenX compounds would be produced in a closed -loop system, that would, not result in the
discharge of those compounds into the Cape Fear River. DE Q has found no evidence of DuPont.
notifying DEQ of an actual discharge of GenX compounds at this meeting or in any information
provided to DEQ subsequently by either DuPont or Chemours. Further, DuPont and Chemours,
(Ed not provide to DE Q any health studies related to the GenX compounds.
On June 12, 2017, after substantial media, coverage regarding the presence of GenX in the Cape
Fear River, Chemours informed DEQ in a meeting that for several decades, GenX. compounds
had been produced as byproducts at the Fayetteville Works, and GcnX had been routinely
discharged into the river. Similarly, it was not until. 2017 — and only at DI insistence — that
Chemours provided DEQ vith the health studies on GerCX compounds that had been conducted
previously by DuPont or Chernours.
In short, prior to 2017-.
DuPont and Chemours failed to notify DEQ that Gen X compounds had been
discharged into the Cape Fear River,
DuPont and Chem. ours led DE Q to believe that Gen X production was occurring in a
closed loop system that would not result in discharges to the Cape Fear River, and
DuPont and Chemours failed to prwade DE Q with any health studies relating to
Gera x-
DuPont and Chemours' on, misrepresentations and inadequate disclosures, which have only
recently come to light, shielded important information fTom, DEQ and the public. They also
deterred DEQ stafffrom inquiring ftuther into the nature of GcnX diselvarges and other related
activities at the Fayetteville Works. Had the appropriate disclosures been made, it would have
justified the application of one or more different permit conditions at the time the Pon. nit was
issued, such as monitoring and reporting requirements, appropriate health -based water quality
standards, effluent lit -nits, or evaluation of alternatives to discharging Gen- X cornpoun ds mid
other chemicals in. the process wastewater at the Fayetteville Works.
Based on these circumstances, DV has determined that it will suspend the Permit unless
Chemours complies vAth all of the following actions.-
(1) Continue to prevent Cbemours' discharge of all Gen : compounds into the Cape Fear
River;
(2) By September 8, 2017, cease Chemours' discharge of process wastewater into the
Cape Fear River of the chemicals with. formulas of C7HFi AS and C-711-'TIAS with
respective CAS Numbers 29311-67-9 and 749836-20-2 (identified by EPA as Naflon
byproducts mid 1. and 2):
DEQ-CFW-00083523

f3 By October 20, 2017, cease hea rs' discharge of process wastewater into the ape
Pear River of any other perfluorinated or polyfluorinated compound witho t an
efit limit in the Permits and
() Provide complete responses to all outstanding requests for information issue to
Chemours by DEQ according to the deadlines previously set by DEQ, including the
July 21, 2012 letter from, DEQ Secretes lich l Regan (requesting records in
related to the. discharge of ten and other emerging contaminants); the August 16.
2017 letter from W1111a Lane (requesting access or consent for the release of
Chemours confidential business it ror atlon in the possession of EPA:); the August
18, 2012 letter from Teresa Rodriguez (requesting detailed information about
wastewater streams at the Fayetteville Works); and the August 2 s 2017 letter from.
Linda da Culpepper (providing clarification and shortening the deadline for W .'
August 18 letter). Copies of these requests are attached. DEQ acknowledges the
receipt ofresponses from Chemours on august 18, August 25, and September 1,
2017, but notes that those responses Flo not provide complete information.
DEQ will use this information along with any other relevant toxicological and
epidemiological data, study results, and calculations to evaluate the potential
establishment of appropriate permit conditions in accordance with 1. 5A NC..NCAC 02
regulations that are protective e of human health mid aquatic life for compounds
identified 1n items 2 d above.
Pursuant to N.C.G.S, § 1 1Jw (h)s DAB iNrill provide an opportunity for Chemours to show
compliance with. all laiNrfnl requirements for retention of the Permit. Please contact u e to
schedule a. meeting,
Sincerely,
S. Jai .;i:!
Director, Division of Water Resources
cc. Michel Johnson, Chemours
DEQ-CFW 00083524

PlantMr. Ellis H. McGaughy
The Chernours Company
22828 NC Highway'W .
North Carolina 2830is
NPDES Application NC00
3
WorksFayetteville
Pit
. .. w...:.. :. ... . R .. i :. ......: . ffiffidN [I It I 19EN 0 N118 0. ORKENN
..
Item 2 — Sample and test results should include all the chemicals listed in the August 16,
description
FORMULApoint of discharge to the wastewater treatment plant (W`WT?), provide the requested
infbrmation available for the following chemicals by Friday September 1, 2017:
No.
Monoether ,.:.......::. C31IF503 674-13-5
Polyether PF CAs C5BF9O5
39492- 9-2
C4I4
39492m91
PFESAs C7I-IF1305
66796-30-3
C7112 1405
749 36-20-2
....
..: .. .
:6:Service Mail. Center
:. :..j :..
Stag of North Carolina I Envaronment&l Quality
1611 Ma Service Center j It dgh, 7'eoAh Carolina 27699-161 I
919-707-"00
DEQ-CFW 00083525

.: .$
Rage,..
III
Singly,
Linda Culpepper
Il....:::::Director
Mid Ik
.:
DEQ-CFW 00083526

. . . . . . . . .
n:=01
August 18, 2017
Mrf Ellis 11.1ca Kiau hy
Plant Manager
The C;hemours Company
22828 NCB Highway 87 I'll
Fayetteville, NC 211306--7332
Subject: Request for Additional lraforinatiorl
NTIDES Application NC;0003573
Fayetteville Works
Dear Mr, McGaughy -.
The Division has reviewed your application for the subject permit. To enable us to complete our review
in accordance with I IoC oCl.Ee l 3-? 1 . [ and 1 SA NCAC' 211 011t5; please provide additional. or revised
information to address the following comments°
1. o Devise the renewal application to update the description of the wastewaters discharged to the
'p WTP addressing the removal of all process wastewaters containing HFPO diver acid andany
other changes since, the application was submitted in 201 Ci.
2. Sample and provide test results from Cfu:tfalls 001 and 00:2 for pll, TSS, (_701), PFO , PFO ,
manufacturing operations specific organics, metals, all the chemicals on the handout provided to
DEQ on th.e J ly 27, 211f 7 site visit, and PFEC As compounds. The PFEC As compounds at at
minimum shall include the list provided in the August 16, 2017 letter to R. Steven. DeGeorge,
Esq. Sampling shall be performed during dry; weather.
3a Provide a flow schematic of'C;hemours process areas showing damps, quench baths, and all points
of discharge to the W WTP, The schematic should reflect actual average flows. Estimated peak
flows can be submitted on a separate schematic,
d. Provide a description acid characterization of the wastewaters from each point of discharge to the
WJTPo The wastewater characterization shall include an analysis of pH, TSS, COD, PFC'}A,
PFOS, manufacturing operations specific organics, metals, and PIiE.0 As, Compounds.
Specifically, testing shall be performed at each discharge point for the paraaaacters listed above
and the chemicals on. the list provided to DEQ on the July 27, 2017 site visit, if believed to be
present at that: discharge point:.
5e If'not all the mannfacturing processes are, running during the time of'sampling, identify the
processes that were sampled and submit a schedule to sample so that wastewaters from all
manufacturing processes that run. -in campaigns are tested.. Submit this data. to DEQ as it: is
received. from the laboratory.
6. Provide a revised mass flow balance schematic that: reflects the actual long -tern average
discharge from Out:f°a.11s 001 and 002. Esthnates on peak flows cann be provided separately.
7. Provide a revised flow balance for the DuPont: wastewater treatment discharges including flows
from water treatment units as well as process wastewater flows,
8. Provide an electronic, copy of the site's BMP plari addressing spill response procedures.
Skim a# North Camlana f;r sirzaaar¢a mt a Quality Water Rostaar s
1617 Mati aeraice Center I Raleigh, North C.' al -Oh aa 27699-161
19 ^i3'7 9000
DEQ-CFW 00083527

Historical sampling data., no greater than 4.5 years old, may be submitted provided it is representative of
the current wastewaters being discharged.
Please provide your response within 60 calendar days. All the responses shall be submitted to:
NC D Q / Division of Water Resources /Water Quality Permitting Section
ATTENTION: NPDES Complex Permitting
1617 Mail Service Center
Raleigh, North Carolina 27699-1.617
If you have any questions, please contact rile at 919-807-6387 or email at Tgrgsa.orodri�€g48 ggqVr. .
Sincerely,
Teresa Rodriguez
PDES Complex Unit
Division of Water Resources/NCDENR
cc: Linda Culpepper, Division of Water Resources
DEQ-CFW 00083528

ICHAEL S. KEGAN
WILLIAM F. LANE
cellffoIccumd
R. ` ! ' is .
Tryon101 N. " 1900
Charlotte,North Carolina :: s:
• E.' k't:: 1': i 1 1-.# 1 # i
We received your letter dated August 2, 2017, that you submitted on behalf of Chemours. In
For purposes ofthis inquiry,..reference to"emergingcontaminants"includes
following
FORMULA
CAS Rm i .xl 1
�g
C3HF5M3
C4H 7 3
Monoether° PFEC s
CsHF903
f363ii98m8 m5
C6HFi103
13252-13-6
C7HFi3 3
CaH Fi503
7H i3O7
39492-91®6
Pol ether PFECAs
C6HFiiO6
39492-90-5
CsbF90s
39492-89-2
C4HF70
3949 -88-1
PFE As
C7HF1305S
6679 -30-3
C7H2 145
CF20
Other
CF2
PFDS
CeHF1703S
176 -23-1 .....
PFOA free acid
C9HFi502
335-67-1
,All chemicals identified in
the handout that was
provided by Chemours to
DEQ, during a site visit on
�xl' 27§ 2017m
Stag of Noah cm0na I Fff4ronntental Quality
217%4kstlDnes5tred 11601 MWI Service meter I Raleigh North Carolina 27699-1601
9197078600
DEQ-CFW 00083529

fddiktw§< andaswediscussed n last week's meeting,y,dzeofNor§2.:£»: has
Confidential Bus©«4«>=¥t:(CBU.©°>yat±e?«»y:»sJtxy for Chemo»<4
oideDE with the followinam information, ora« c w«>s J give consent for EPA 4
» /* e such information� 4 Q:
Information, including CBI, submitted aEPA byChemousorits predecessors related
to the T ,wchemical registration for manufacturing »©:<y the Fayetteville, North
Carolina facility,
Information, including CBI, sub«««do EPA by Chemours»2>:t>kex«t<J% xk
to 2:2<©» chemical registrations at the Fayetteville, North Carolina facil
All chemical analyses,, includingCBI, conducted w:Chemor »spredecessors4<c:
manufacturing «, w: x z2lw»9< <% !»:_n 002 described in the current
\!#2/permit; an
11 humanhealth, a « A and aquatic >a studies or related information, i2>tngCB
submitted J EPA by Chemours w« its predecessors re» «! to chemical processes «e
Fayetteville facility.
«-
gnu
VAV,t, --,
William F. Lane
«<=k t:<±>£
«:»kl6
DEQ CFW-0 00835 O

Environmental
Quality
July 21, 2017
Mr. Ellis H. Mc aughy
Plant Manager
The Chemours Company FC, LLC
DBA, Chemours Company- Fayetteville Works
22828 NC Highway, 87 West
Fayetteville, North. Carolina 28306-7332
Bear wire McGaughye
ROY COOPER
cnvernor
MICHAEL S, REGAN
secretary
The presence of GenX and other emerging contaminants in the Cape Fear River is an issue of significant
concern in the Cape Fear River watershed, The North Carolina Department of Environmental Quality
(DEQ), in collaboration with the North Carolina Department of Health and Human. Services (DHHS), is
investigating this important issue.
It is our understanding that Chemours (arid previously DuPont) has been discharging GenX into the Cape
Fear River dating; back to the 1980's. As previously requested, and in conjunction with our review of your
pending NPDES renewal application and pursuant to HCGS 143-215.1(c)(1), please submit to DEQ any
and all records in the possession of Chemours related to the discharge of Genx and other emerging
contaminants. This includes records pertaining to production levels of GenX and other products for which
emerging contaminants are a byproduct; discharge levels of emerging contaminants into the Cape pear
River or anywhere else, and sampling data in your possession related to discharge of Cenx and rather
emerging contaminants recently and in the past. Finally, I ask that you inune€iiately inform DEQ of any
records relevant to this request that you are aware of but that are not in the possession of Chemours.
Please submit the requested information as soon as passible, but no more than 14 days from the date of
this letter to:
NC Dept. of Environmental Quality
Division of Water Resources
A°1ib1: Linda Culpepper
1636 Mail Service Center
Raleigh, NC 27699-1636
Thank you for your cooperation on this matter.
Sincerely,
Michael Regan.
Secretary
State of North Qro ina ! Eravironmental Quality
217 West jrxres Street 11601 MaH service center 1 Raidgk North 1 amlina 276 `-1601
9197078600
DEQ-CFW 00083531