2021.12.01_CCO.p19_Paragraph 19 Extension Request

The Chemours Company
Fayetteville Works
22828 NC Highway 87 W
Fayetteville, NC 28306
December 1, 2021
Sushma Masemore
Assistant Secretary
N.C. Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
[e-mail]
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 March 15, 2022, 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.
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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 September 15, 2021, runs until December 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 are proceeding 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 March 15, 2022, 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 March 15, 2022, 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.
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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-
[e-mail].
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