2020.10.29_CCO.p21_ChemoursExtensionRequest

The Chemours Company
Fayetteville Works
22828 NC Highway 87 W
Fayetteville, NC 28306

October 29, 2020
Sheila Holman
Assistant Secretary for the Environment
1601 Mail Service Center
Raleigh, NC 27699-1601
[e-mail]

Re: Consent Order Paragraph 21 - Request for Extension of Deadline
Dear Ms. Holman,
Following up on previous discussions and correspondence with DEQ, I am writing on
behalf of Chemours to seek an extension of the deadline under paragraph 21 of the Consent
Order entered by the Bladen County Superior Court on February 25, 2019. Paragraph 25 of the
Consent Order states: “For good cause shown, Chemours may submit to DEQ one or more
requests for extensions of up [to] three months each for any deadline specified in paragraphs 19-
24.”

Paragraph 21 of the Consent Order requires that Chemours sample “drinking water wells
for a distance of at least one-quarter (1/4) mile beyond the nearest well with test results showing
a quantifiable level of any PFAS listed in Attachment C above 10 ng/L” and that “[s]uch testing
shall be completed within eighteen (18) months of entry of this Order” (i.e., by August 25,
2020). On May 19, 2020, Chemours requested a deadline extension of 3 months, to November
25, 2020, and, on May 22, 2020, DEQ granted the requested extension.

Pursuant to paragraph 21, Chemours has been conducting its Adaptive Step Out and Infill
Sampling Program (the “Sampling Program”), which has involved sampling to date of over 5000
drinking water wells at distances that as of September 30, 2020 have ranged across the sectors
from up to 5.5-6.5 miles to 13.5-14.5 miles from Fayetteville Works. Chemours has devoted
substantial resources to complete the Sampling Program as expeditiously as practicable and has
made significant progress, but many wells remain to be sampled. As discussed with DEQ,
Chemours has faced multiple challenges to completing the Sampling Program by the scheduled
date, including: i) the size of the sampling area, which is far greater than had been anticipated in
2018 and 2019, ii) the impacts of COVID-19, including the sampling postponement period
between March and May 2020 and precautionary changes in procedures to obtain sampling
access (now done by advance appointment only rather than door-to-door visits), and iii) the low
response rates to requests for sampling access, particularly since the resumption of sampling
after the COVID-19 postponement period. Due to these challenges, Chemours will not be able
to complete the Sampling Program by November 25, 2020.

2
Accordingly, pursuant to paragraph 25 of the Consent Order, Chemours hereby requests
an extension of 3 months, to February 25, 2021. As discussed with DEQ, Chemours anticipates
that completion of the Sampling Program will likely take much of 2021, although we understand
that extension requests will be considered in 3-month intervals. Chemours will seek further
extensions in the future as necessitated by the data and circumstances and will keep DEQ
informed of its plans.

***

If you have any questions or would like to discuss this matter further, please contact me
at [e-mail].

Sincerely,

Brian D. Long
Plant Manager
Chemours – Fayetteville Works

Cc:
William F. Lane, DEQ
Francisco Benzoni, NC DOJ
Michael Abraczinskas, DAQ
Michael Scott, DWM
Danny Smith, DWR
David C. Shelton, Chemours
John F. Savarese, WLRK
Kemp Burdette, CFRW
Geoff Gisler, SELC