DEQ-CFW_00074698

THEIR Qs
When was your first conversation with the Governor about GenX and what was discussed
How frequently do you speak to the Governor about GenX?
Do you know what kind of relationship the governor has with DuPont or Chemours? Have you ever been in a
meeting with the governor or his political staff and representatives from DuPont or Chemours? Are you aware
of any such meeting?
When did your department first learn that GenX was being released into the water?
Is it safe to assume that there are career employees in your administration who knew about GenX before you
started? Did they never inform you of its presence in the water?
Can you provide any documentation to back up your rather unbelievable claim that the meeting you had a
meeting on your calendar titled "DuPont" that was about a state forest, and not a meeting with the chemical
company who was discharging GenX into our water?
Did DuPont or Chemours tell DEQ or HHS in June 2015 that it was not discharging GenX?
The NC Department of environmental Quality (DEQ), which has a budget of $228 million a year, has the
mission of protecting our environment from just this type of problem. How did it miss the Gen-X threat?
Secretary Regan, why did you say in June that "What we have here is a situation where the company is not
breaking the law?" Now we hear there might be multiple investigations into Chemours.
DEQ-CFW 00074698

Six years ago the Republican General Assembly gave DEQ the legal power to regulate or prohibit industrial
dumping of hazardous chemicals that create 'a serious and unforeseen threat to the public health, safety, or
welfare.' (Modification of G.S. 150-19.3 in Session Law 2011-398.
Why didn't DEQ do that? We don't know yet?
What went wrong? What mistakes were made? How do we avoid those mistakes happening again?
When was the first instance anyone from your administration discussed GenX in the Cape Fear River with
Chemours or anyone else?
At any time did DEQ know about and/or approve the discharge of GenX? If not, please explain the information
related in a June 29 news report stating, "state regulators said Chemours informed them in its most recent
discharge permit application and 'all previous applications' that it was releasing GenX and other related
substances from the Fayetteville Works plant into the Cape Fear River, a process that has occurred since
1980."
DEQ Secretary Michael Regan has publicly said Chemours did not break the law. In light of this, why are you
requesting an investigation from the State Bureau of Investigation? What exactly is the SBI investigating?
Your administration said in June that the safe level of GenX in drinking water was 70,909 parts per trillion.
Then, just one month later, your department revised the safe level to 140 parts per trillion — 500 times less than
the original projection. What is the explanation for this change? Are there scientific studies or reports that
support this change? Please identify those reports.
In June, DEQ said all discharges of GenX at the Chemours plant had stopped. But water sampling in July
found concentrations of GenX — concentrations still above the level deemed to be safe. Can the public have
confidence in DEQ when it says this chemical is no longer being discharged in the water? What assurances
can you give that it has stopped and when?
Are you aware that your administration does not need to wait for the Environmental Protection Agency (EPA)
to set regulatory standards for GenX or other constituents? Are you aware that DEQ already regulates a
number of chemicals without federal standards?
DEQ-CFW 00074699

Are you aware that modifications made to G.S. 1506-19.3 in Session Law 2011-398 allow your administration
to adopt any rule necessary to address "a serious and unforeseen threat to the pub.lic health, safety, or
welfare?"
We understand DEQ recently received a federal criminal subpoena from the U.S. Attorney's Office of the
Eastern District of North Carolina. Have any other agencies or individuals in the Executive Branch received a
similar subpoena? Has the governor's office received a subpoena in this matter? For the purposes of
transparency, would your administration be willing to share all the public documents that will be submitted to
the U.S. Attorney as a result of these subpoena(s)?
Given that Chemours previously announced it will voluntarily discontinue discharging GenX into the Cape Fear
River, how will additional funding for DEQ and DHHS affect the dumping of GenX into the river?
What specific use of the requested funds will be directed to improving water quality in areas already affected
by GenX? How will that use of funds affect water quality in areas already affected?
Why has DEQ not issued a Notice of Violation (NOV) under the Clean Water Act to Chemours? Regarding the
costs for long-term water sampling for GenX, are you suggesting that Chemours should not be required to bear
these costs as a result of the settlement of the NOV?
M*t%V4 ne w► K,,,�r,..� `�'�¢ � s ,- �� ^� ^�S,
+ _ r , o►...09 c �,,.►� � f� Owe
Regarding the �req st fir additional staff for DEQ, we know the department currently employs many
individuals that perform non -regulatory functions not involving the implementation of federal or state
environmental quality programs. An example of this is the "Office of Innovation" that was just created by
Secretary Regan. Rather than using taxpayer funds to create additional government employees, could some of
these individuals performing non -regulatory duties be shifted to assist with the permitting backlog and other
regulatory functions that have been neglected?
Regarding the request for additional staff for DHHS, we know both DEQ and DHHS currently employ
accomplished and well -respected toxicologists that have been protecting North Carolinians for decades. Can
you explain why these existing toxicologists are no longer able to satisfactorily perform this function under the
supervision of your cabinet secretaries, and the need to create a new "Science Advisory Board" to supervise
their work?
OUR Qs
DEQ-CFW 00074700

DEQ has stated that since 2013, they have been forced to cut 70 positions from water quality — that includes
permitting, monitoring and enforcement. These cuts were pushed by the same Republicans who are now trying
to point fingers at Governor Cooper while refusing to fulfill the Administration's request for more water quality
personnel.
Can you talk about how the cuts since 2013 have affected the Department and what the additional personnel
would do to protect our water?
The McCrory administration was first made aware of Dr. Knappe's study in 2016. Email records show Dr.
Knappe sent the study to a group of people at DEQ including Tom Reeder, DEQ Assistant Secretary for the
Environment. Mr. Reeder is now a top policy advisor to Senator Berger.
Did Mr. Reeder leave any transition documents that flagged concerns over GenX in the river?
A news report said that Secretary Regan had a "Dupont meeting" listed on his calendar for May 5. Can you tell
us what that meeting was about?
Did the McCrory administration leave any transition documents at HHS that flagged concerns over the
presence of GenX in the water?
DEQ-CFW 00074701