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Home My WebLink About2021.09.09_CCO.p19_Paragraph 19 Extension Request The Chemours Company Fayetteville Works 22828 NC Highway 87 W Fayetteville, NC 28306 September 9, 2021 Sushma Masemore Acting Assistant Secretary N.C. Department of Environmental Quality 1613 Mail Service Center Raleigh, NC 27699-1613 sushma.masemore@ncdenr.gov Re: Consent Order Paragraph 19 Dear Ms. Masemore, Following up on previous discussions and correspondence with DEQ, I am writing on behalf of Chemours to seek a further extension of 3 months, to December 15, 2021, to meet the Consent Order Paragraph 19 requirements in Bladen and Cumberland Counties west of the Cape Fear River. 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.” Background Paragraph 19 of the Consent Order requires that “Chemours shall establish and properly maintain permanent replacement drinking water supplies in the form of public water or a whole building filtration system for any party (i.e., household, business, school, or public building) with a private drinking water well that has been found through testing validated by DEQ to be contaminated by concentrations of GenX compounds in exceedance of 140 ng/L, or any applicable health advisory, whichever is lower.” Paragraph 19 further provides that connection to a public water supply need not be established “if DEQ determines that connection to a public water supply to an affected party would be cost-prohibitive (i.e., greater than $75,000),” in which case “DEQ may authorize provision of a permanent replacement water supply to that affected party through installation and ongoing maintenance of either a whole building filtration system approved by DEQ or reverse osmosis systems approved by DEQ installed at every kitchen and bathroom sink (at the election of the affected party).” On March 11, 2019, Chemours submitted a letter to DEQ, attaching a Feasibility Study Report for Public Water Services, Chemours Fayetteville Works, prepared by Parsons. The Feasibility Study Report focused on four distinct areas around the Chemours facility: Bladen County west of the Cape Fear River, Bladen County east of the Cape Fear River, Cumberland County west of the Cape Fear River, and Cumberland County east of the Cape Fear River. The March 11th letter requested DEQ concurrence as to the infeasibility of public water connection for certain parties, because the costs would exceed $75,000 per party. 2 DEQ concurred with the infeasibility of public water connections in two areas: Bladen County east of the Cape Fear River and Cumberland County east of the Cape Fear River. Accordingly, Chemours has proceeded to offer and install whole building filtration systems or reverse osmosis systems for affected parties in those areas. DEQ concurred with the potential feasibility of public water connections for certain parties in Bladen County west of the Cape Fear River and indicated that it was continuing to evaluate feasibility for Cumberland County west of the Cape Fear River. Chemours, meanwhile, had been engaged in continuing discussions with both Bladen and Cumberland Counties regarding the potential expansion or development of their public water systems to supply affected parties west of the Cape Fear River. Accordingly, Chemours requested and DEQ granted a series of extensions for Chemours to meet the Consent Order Paragraph 19 requirements in Bladen and Cumberland Counties west of the Cape Fear River. The current extension, granted by DEQ in a letter dated July 30, 2021, runs until September 15, 2021. Bladen County West of the Cape Fear River As Chemours has discussed with DEQ, Chemours and Bladen County finalized an “Agreement to Fund Public Water System Upgrades and Connections,” and, on September 7, 2021, the Bladen County Board of Commissioners voted to approve the Agreement.1 Chemours and Bladen County will proceed with implementing the terms of the Agreement, including with respect to public water system connections for County residents west of the Cape Fear River. Accordingly, pursuant to Paragraph 25 of the Consent Order, Chemours requests a further extension of 3 months, to December 15, 2021, to meet the Paragraph 19 requirements in Bladen County west of the Cape Fear River. Further, as Chemours has discussed with DEQ and as noted in previous letters, the schedule for infrastructure expansion of the Bladen County public water system will necessitate additional 3 month extensions under the Consent Order. Chemours will continue to keep DEQ informed as implementation of the Agreement with Bladen County proceeds. Cumberland County West of the Cape Fear River In its July 21, 2021 letter to DEQ regarding Consent Order Paragraph 19, Chemours sought DEQ’s concurrence with the infeasibility of public water connections in Cumberland County west of the Cape Fear River and with Chemours meeting the Paragraph 19 requirements in that area by proceeding to offer and install whole building filtration systems or reverse osmosis systems for affected parties. In its July 30, 2021 response letter and in subsequent discussions with Chemours, DEQ has indicated that it is continuing to review Chemours’s request for concurrence. Accordingly, pursuant to Paragraph 25 of the Consent Order, Chemours requests a further extension of 3 months, to December 15, 2021, to meet the Paragraph 19 1 Bladen County has posted the Agreement online at https://go.boarddocs.com/nc/bladenco/Board.nsf/files/C6GK5E502DCD/$file/Chemours%20Agreement%20%2009 072021.pdf. 3 requirements in Cumberland County west of the Cape Fear River. Chemours may seek additional extensions under the Consent Order for this area, as necessary. *** Because of the time sensitivity of this request, we ask for a prompt response. If you have any questions or would like to discuss this matter further, please contact me at Dawn.M.Hughes- 1@chemours.com. Sincerely, Dawn M. Hughes 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