2020.02.20_CCO.p16_CareyCounselCommentsCAP

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COMMENTS ON
CHEMOURS’ CORRECTIVE ACTION PLAN (DEC. 31, 2019)
SUBMITTED PURSUANT TO THE CONSENT ORDER IN
State of North Carolina v. The Chemours Company FC, LLC, Case No. 17-CVS 580
(Bladen County Superior Court)

I. Executive Summary
These comments—which have been prepared by counsel for plaintiffs and the proposed
class in Carey, et al. v. E.I. du Pont de Nemours and Co. and The Chemours Co. FC, LLC, No.
7:17-cv-00189 (E.D.N.C. filed Oct. 23, 2017), in consultation with experts Dr. Stephen B.
Ellingson of Vatten Associates and Dr. Richard DeGrandchamp of Scientia Veritas—address
Chemours’ failure to “comply with the requirements of the 2L Rules and guidance provided by
[the North Carolina Department of Environmental Quality (“DEQ”)].” Consent Order ¶ 16; see
15A NCAC 02L .0103 (“2L Rules”) (“The rules established in this Subchapter are intended to
maintain and preserve the quality of the groundwaters, prevent and abate pollution and
contamination of the water of the state, protect public health, and permit management of the
groundwaters for their best usage by the citizens of North Carolina.”).
As explained in detail below, Chemours’ proposed Corrective Action Plan (“CAP”):
1) fails to adequately protect the human health of residential users of municipal water
supplies drawn from the Cape Fear River in Brunswick, Columbus, New Hanover, and
Pender Counties (“Downstream Residential Consumers” or “DRCs”);
2) fails to adequately address the full extent of PFAS contamination originating from
Fayetteville Works (both from the decades that DuPont operated the facility, and since
Chemours took over its operations after DuPont spun Chemours off as a separate
company); and
3) fails to provide an adequate, unbiased, and scientifically sound risk assessment.

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For these reasons, the only way to adequately protect the human health and property of
DRCs is to require Chemours to provide the same level of protection it has agreed to provide well
owners with PFAS contamination: installation of RO filtration to the same extent required by
Paragraph 20 of the Consent Order, with bottled water provided until filters are installed.
Additionally, to protect human health in the Cape Fear River area, Chemours (and its predecessor
DuPont) should be directed to: (1) fund and participate in independent toxicity assessments for
each of the chemicals of concern, as well as any synergistic effects between those chemicals; and
(2) fund and participate in epidemiological studies regarding the effects of contamination of
residents in the Cape Fear River area, including contamination resulting from well-established
toxic PFOA and PFOS that have been found in residents’ blood as a result DuPont’s and
Chemours’ conduct.
A. The CAP Fails to Protect Human Health.
An important starting point for understanding the failings of Chemours’ CAP is Paragraph
20 of the Consent Order in State of North Carolina v. The Chemours Company FC, LLC, Case No.
17-CVS 580 (the “Consent Order” or “CO”). Paragraph 20 requires Chemours to install reverse
osmosis (“RO”) filtration systems at homes that obtain water from private drinking water wells if
the wells are contaminated with:
a. combined quantifiable concentrations of PFAS listed in
Attachment C [of the CO] in exceedance of 70 ng/L [or parts per
trillion, “ppt”]; or
b. quantifiable concentrations of any individual PFAS listed in
Attachment C [of the CO] in exceedance of 10 ng/L.

CO ¶ 20. These requirements are referred to in these comments as the “10/70 Action Levels” or
“Action Levels.” The twelve specific PFAS underlying those Action Levels are set forth in

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Attachment C to the CO, which is reproduced below. These twelve PFAS are referred to in these
comments as “Attachment C PFAS.”

The 10/70 Action Levels are consistent with standards needed to protect human health. In
prior litigation stemming from its predecessor DuPont’s contamination of the Ohio River Valley
with PFAS originating from the Parkersburg, West Virginia manufacturing facility (“Washington
Works”), a Science Panel jointly appointed by DuPont found a probable causal link between
PFOA, or C8, and testicular cancer, kidney cancer, ulcerative colitis, thyroid disease, high
cholesterol, and pregnancy-induced hypertension at exposure levels in excess of 50 parts per
trillion. DuPont moved its production of toxic C8 to the Fayetteville Works facility in 2002 and
continued manufacturing C8 at that facility until 2013. The Attachment C PFAS at issue in this
case are closely related to C8 and have been linked to similar adverse health effects: the chemicals

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that have resulted in contamination throughout the Cape Fear River area result from manufacturing
C8 and its successor, GenX, at Fayetteville Works. As detailed below, the Attachment C PFAS
share toxicity characteristics with C8, and the 10/70 Action Levels are appropriate and necessary
measures to protect human health throughout the area, particularly in view of the fact they are
being distributed to and consumed by a population that already has been exposed to PFOS and
PFOA contamination emanating from Fayetteville Works.
Chemours has made a binding contractual commitment to remediate the effects of its
PFAS contamination for residents who obtain water from private wells with test results in excess
of the Action Levels. Yet, Chemours has failed to take any measures to protect residential
properties served by utilities who draw their water from the Cape Fear River downstream of
Chemours’ Fayetteville Works plant—even though those residences are contaminated with
Attachment C PFAS above the 10/70 Action Level.
In the summer and fall of 2019, Plaintiffs’ counsel and their consulting technical experts
collected and analyzed water samples from 36 residences in Bladen, Brunswick, Columbus,
Cumberland, New Hanover, and Pender Counties to determine whether and at what concentrations
these homes were contaminated with Attachment C PFAS. All 27 residences that were sampled in
Brunswick, Columbus, New Hanover, and Pender Counties are serviced by municipal water
providers including the Cape Fear Public Utility Authority (“CFPUA”) and Brunswick County
Public Utilities (“BCPU”). The samples were collected from either the tap or water heaters of the
residences.
All samples collected and analyzed from Brunswick, Columbus, New Hanover, and Pender
Counties show contaminant concentrations exceeding the threshold for installation of RO systems
pursuant to Paragraph 20 of the CO; every single sample had PFAS concentrations exceeding

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the 10/70 Action Levels. Alarmingly, these residential water supplies are contaminated two years
after Chemours claims to have ceased discharging PFAS into the Cape Fear River from Outfall
002.
The residential samples collected by plaintiffs’ counsel and their experts are consistent with
results published by municipal water providers in the area. Tests of finished water by the
Brunswick County and the Cape Fear Public Utility Authority water systems consistently have
identified Attachment C PFAS in finished water at levels well in excess of the 10/70 Action
Levels.1
Importantly, the residents serviced by municipal water with PFAS contamination
exceeding the 10/70 Action Levels receive drinking water that has already been treated by the
municipal water providers. PFAS contamination nonetheless persists. Moreover, there is no date
certain as to when these municipal water service providers will provide replacement treatment
systems designed to remediate PFAS. Nor is there any certainty that such replacement systems—
when installed—will be able to remove PFAS concentrations to below the health-based criteria
required by the Consent Order.
The public health concerns associated with continuing contamination of the water supply
with PFAS originating from Fayetteville Works are particularly acute in light of the GenX
Exposure Study PFAS Blood Sample Results published on November 18, 2018.2 That study
involved an analysis of blood samples from 310 Wilmington residents (44 of whom were sampled

1 See https://www.cfpua.org/761/Emerging-Compounds (showing combined Attachment C PFAS levels in
CFPUA finished water exceeding 100 ppt and as high as 300 ppt since June 2019);
https://www.brunswickcountync.gov/genx/ (showing finished water at Brunswick treatment plant
exceeding 400 ppt for combined Attachment C PFAS in August 2019 and exceeding 100 ppt through
December 2019).
2 North Carolina State University Center for Human Health and the Environment, GenX Exposure Study
PFAS Blood Sample Results, available at https://chhe.research.ncsu.edu/wordpress/wp-content/uploads/
2018/11/Community-event-BLOOD-slides.pdf (published November 18, 2018).

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twice) for 23 PFAS. The results consistently showed newly identified PFAS (including Nafion
Byproduct 2, PFO4DA, and PFO5DoDA) in residents’ blood.3 Additionally, the sample found that
legacy PFAS (including well-established toxins PFOA and PFOS, as well as PFHxS, PFNA, and
PFDA) that were previously used at Fayetteville Works remain in residents’ blood at levels
substantially in excess of background levels for the United States years after C8 manufacturing
was discontinued, suggesting that area residents historically were exposed to high levels of those
chemicals in their drinking water.4 As part of the class action, the Carey plaintiffs allege that
residents in the area should be entitled to blood tests to ascertain the amount of PFAS in their blood
as a result of DuPont’s and Chemours’ conduct and determine whether additional medical
treatment is needed. It is uncertain when or whether that relief (which Chemours opposes) may be
available in the class action, and the CAP currently does not include any measures to address the
health of area residents. As part of the CAP, Chemours should be required to (a) fund blood tests
to ascertain the amount of PFAS in area residents’ blood; (b) fund a public health study to assess
the health effects of PFAS in residents’ blood, including the prevalence of health conditions linked
with PFAS in the community and any synergistic effects between newer PFAS and historical PFAS
such as PFOA and PFOS that remain in residents’ blood; and (c) toll the statute of limitations for
any personal injury claims that may exist as a result of PFAS contamination until after the
completion of those public health studies.
B. The CAP Fails to Provide Adequate Plans to Remediate Ongoing PFAS
Contamination from the Site.

There are three primary flaws in the CAP’s remedial proposal with respect to remediation
of ongoing PFAS contamination originating from the Fayetteville Works site.

3 Id., slide 26.
4 Id., slide 39.

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First, the CAP proposes no reduction in PFAS loadings to the Cape Fear River from aerial
deposition on more than 70 square miles of the Cape Fear River watershed. Although Chemours
maintains that it has reduced loadings to the environment over the last two years, it has taken at
best nominal measures to abate the thousands, if not hundreds of thousands of tons of PFAS
already emitted into the air. The PFAS deposited on the ground surface has vertically migrated
into groundwater that is flowing into the Cape Fear River. As a result, PFAS will continue to
impact the DRCs for an indefinite time unless and until RO systems are installed.
Second, the effectiveness of Chemours’ measures to remediate PFAS at its own
Fayetteville Works facility are highly speculative, unlikely to work, and are projected to extend
over an indefinite period. Chemours has not implemented—or even completed investigating—any
of the temporary or permanent measures necessary to prevent PFAS contamination from migrating
into the Cape Fear River. On the contrary, Chemours’ own documentation indicates that PFAS
contamination will continue to migrate to the underlying groundwater and into the Cape Fear River
even if Chemours manages to prevent contamination from migrating directly into the Cape Fear
River from its Fayetteville Works facility. As discussed in further detail below, none of the
remedies proposed in the CAP will prevent PFAS from contaminating residences at concentrations
exceeding the 10/70 Action Levels for many years. Chemours maintains throughout the CAP that
it is impracticable to remediate the large tracts of the Cape Fear River watershed contaminated
with PFAS. This PFAS has entered the groundwater and is discharging directly into the Cape Fear
River and will do so for decades to come. Because this source of PFAS contamination will continue
to affect DRCs for the foreseeable future, there is all the more need to protect DRCs by installing
RO systems now.

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Third, the CAP fails to account for the differing rates of PFAS migration through air, soil,
groundwater, sediment, and river water. PFAS will reach the DRCs not as a single “slug” but rather
gradually over many years. This means that even if GenX concentrations in the DRCs’ tap water
declines below the 140 ppt provisional level or the 10/70 Action Levels, other PFAS will continue
to impact the DRCs’ tap water for years to come.
Providing the DRCs with the same level of protection afforded to residents drinking well
water near the facility is the only means of protecting human health. Chemours admits that RO
systems remove more than 92% of HFPO-DA, ensuring human receptor exposures remain below
regulatory limits. There is no reason why the DRCs should not be provided with the same level of
protection afforded to residents drinking well water near Fayetteville Works. In order to protect
the DRCs, the only viable option is to provide them with RO systems including replacement of
filters until such time that at a minimum PFAS concentrations decline below the 10/70 Action
Levels.
C. The CAP Fails to Provide an Adequate, Scientifically Sound, and
Unbiased Risk Assessment.

Chemours has yet to complete satisfactory risk assessments as required by paragraph 14 of
the CO. Chemours has yet to properly quantify the risks of PFAS exposure to DRCs and all other
individuals affected by Chemours’ contamination. Chemours has failed to comply with CO
Paragraph 14’s requirement to establish that Attachments B and C PFAS do not pose an
unacceptable risk to human health. Chemours fails to calculate toxicity values (and risks) for 19
out of 20 PFAS, focusing all of its efforts on GenX, the one PFAS for which DuPont and Chemours
have produced at least some toxicity evaluations. Chemours’ analysis fails to (a) follow standard
EPA guidance for deriving toxicity values; (b) adequately address the past decade of scientific
literature on GenX’s toxicity; (c) properly weigh and account for the toxicity and human health

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risks of GenX, including immunotoxicity; and (d) account for all necessary risks and toxicity
information associated with drinking contaminated water. Chemours also manipulates its
conclusions by making improper and scientifically unsound assumptions that mask the true risks
associated with drinking PFAS-contaminated water and fail to account for exposure risks to
sensitive subpopulations.
D. DEQ Must Require Chemours to Implement the Economically and
Technologically Feasible Solution of Installing RO Filters for DRCs.

Chemours’ claims of technical and economic infeasibility are deeply flawed. Underlying
Chemours’ claims is an assumption that, if source-based remediation is infeasible for any reason,
then no remedial actions may be required. This is simply false. Even assuming remediation is not
feasible, Chemours has failed to analyze or propose any alternative means of protecting human
health, property, and the environment, including solutions that Chemours has already admitted
are both technologically and economically feasible: installing household-level RO filters to
protect all citizens and homes from ongoing PFAS contamination. Chemours’ failure to consider
this alternative is a glaring defect in its CAP, and one that must be addressed particularly given
Chemours’ repeated suggestions that other remedial measures are or will be either technically or
economically infeasible.
Chemours admits that installing RO systems is the only practical method for protecting
homes near its facility on well water with PFAS concentrations exceeding the 10/70 Action Levels.
This is the only practical method for protecting the DRCs as well. Therefore, the CAP should also
require Chemours to pay for the acquisition, installation, operation and maintenance of RO systems
for all residences in the counties above that are serviced by municipal water authorities drawing
water from the Cape Fear River. During the interim period until Chemours compensates the DRCs
for installing RO systems, Chemours should also compensate the DRCs for the cost of purchasing

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bottled water. Additionally—and particularly in light of Chemours’ inadequately supported
excuses for failing to propose adequate remedial measures—DEQ must seek to hold Chemours’
predecessor, DuPont, liable for its role in contaminating the Cape Fear River watershed with
PFAS. As yet, DuPont has not been required to account for or contribute to the remediation of the
contamination caused by its activities, for which it is jointly liable along with its successor,
Chemours. Chemours’ claims of economic infeasibility cannot be properly evaluated without
considering DuPont’s joint and several liability for the historical discharges of PFAS, which have
spanned decades, and for which DuPont must also be held responsible.
* * *
The comments below provide further detail on the points raised above, including an
introductory section briefly summarizing the history of Chemours’ and DuPont’s production of
toxic PFAS and subsequent contamination of surrounding water supplies with these harmful
chemicals for decades. This history is critical, as it shows DuPont’s and Chemours’ historical
disregard for the health and safety of residents affected by their unlawful discharges and emissions
of PFAS and the significant health risks posed by these chemicals (including the Attachment C
PFAS or “second generation PFAS,” such as GenX). More important is that it also reveals that
Chemours’ recent and ongoing communications with North Carolina residents affected by
Chemours’ contamination are misleading in their claims that the PFAS are non-toxic and not
harmful to human health.
II. DuPont’s and Chemours’ History of PFAS Contamination and Corporate
Irresponsibility

In evaluating the CAP and, more generally, the accountability of DuPont and Chemours
for PFAS contamination throughout the Cape Fear River area, understanding DuPont’s long
history of PFAS contamination and legacy of corporate irresponsibility in addressing serious

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threats to human health and the environment is critical. In particular, the CAP must be evaluated
alongside: (a) the state of scientific knowledge regarding the toxicity of PFAS, including DuPont’s
stipulated acknowledgement that exposure to C8 (the predecessor chemical to GenX and other
Attachment C PFAS that was manufactured at Fayetteville Works until 2010) in drinking water at
concentrations of 50 ppt and above presents risks to human health; (b) the growing body of
scientific literature confirming that second generation PFAS, such as those originating from
Fayetteville Works, pose health risks substantially identical to those posed by C8; and (c) that the
mishandling of these toxic chemicals by DuPont and Chemours has resulted in the presence of
PFAS in drinking water throughout the area at levels exceeding 70 ppt, significantly above the
level at which C8 was determined to be dangerous to human health by a jointly appointed C8
Science Panel (“C8 Panel”) in prior litigation.
DuPont’s and Chemours’ history with PFAS began in 1951, when DuPont began using C8
at its Washington Works plant in Parkersburg, West Virginia.5 C8 was used as a manufacturing
aid in the production of Teflon™.6 Concerns about the toxicity of C8 surfaced internally within
DuPont as early as 1954, and DuPont confirmed C8’s toxicity to animals at least as of 1961.7 By
1978, the manufacturer of DuPont’s C8, the 3M Company, had confirmed that C8 was detectable
in workers’ blood, and by 1980, DuPont confirmed it was toxic to humans, accumulated in human
bodies, and that exposure to C8 was intolerable.8 Despite the toxicity of C8, DuPont continued
using it as a processing aid.

5 See Leach v. E.I. du Pont de Nemours & Co., No. 01-C-608, 2002 WL 1270121, at *3 (W. Va. Cir. Ct.
Apr. 10, 2002) (findings of fact from Order on Class Certification).
6 See In re E. I. du Pont de Nemours & Co. C-8 Pers. Injury Litig., No. 2:13-CV-170, 2016 WL 659112, at
*1 (S.D. Ohio Feb. 17, 2016).
7 Leach, 2002 WL 1270121, at *4.
8 Id at 4.

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DuPont began discharging PFAS, including both C8 and newer PFAS such as
hexafluoropropylene oxide dimer acid (HFPO-DA) (also known as GenX), from its vinyl ether
manufacturing process at Fayetteville Works into the Cape Fear River as early as 1980. Yet,
DuPont did not make any comprehensive report of its historical discharges or conduct any health-
based study on any of these PFAS discharged into the Cape Fear River, there is not yet a
comprehensive study of the PFAS to which Cape Fear River area residents have been exposed as
a result of the historical discharges from Fayetteville Works, and there has not yet been any study
of any epidemiological impacts caused by DuPont and Chemours.
In May of 2000, when the 3M Company announced it would stop manufacturing C8 (after
internal studies increasingly raised concerns about its biopersistence and toxicity), DuPont made
the decision to manufacture C8 at Fayetteville Works in North Carolina.9 According to DEQ’s
internal timeline of DuPont’s Clean Water Act National Pollution Discharge Elimination System
(“NPDES”) permitting changes, DuPont’s May 2001 NPDES permit application sought to permit
discharges of process wastewater containing C8 from a “new Teflon® facility” at Fayetteville
Works.10
Around the time when DuPont began manufacturing PFAS in North Carolina in 2000/2001,
a series of lawsuits were filed against DuPont to hold it accountable for contaminating a drinking
water supply in West Virginia with C8 and for causing personal and property injury as a result of
that contamination.11 The Leach case in particular involved a class action brought by a group of
individuals who alleged common law tort claims (under West Virginia law) for equitable,
injunctive, and declaratory relief, along with compensatory and punitive damages, as a result of

9 Id.
10 See Chemours NPDES Permit File Timeline, https://assets.adobe.com/public/08e2e4d7-eeca-4164-70fb-
8b9cee2d3629.
11 See Leach, 2002 WL 1270121, at *1.

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alleged drinking water contamination. The Wood County Circuit Court certified the class in April
2002.12 After several years of litigation, the parties reached a settlement (the “Leach Settlement
Agreement”) that established a procedure to decide whether the approximately 80,000 class
members would be permitted to proceed with individual actions against DuPont based on any of
the human diseases alleged to have been caused by exposure to C8.13
The procedure required the parties to establish a Science Panel composed of three
independent epidemiologists to study whether there was a link between exposure to C8 in drinking
water (of .05 parts per billion, or 50 ppt over the course of one year) and human disease among
the Leach class.14 The Settlement Agreement contractually bound both parties to the results of the
Science Panel’s findings. Specifically, if the Science Panel issued a “Probable Link Finding”—
that is, a finding that it was more likely than not that there is a link between exposure to C8 and a
particular human disease (for class members exposed to C8 at 50 ppt over the course of one year)—
then DuPont waived its right to challenge in individual cases whether a particular Class Member’s
dose of C8 (at 50 ppt) was sufficient to be capable of causing a disease with a “Probable Link”
finding.15 “Probable Link” findings ultimately were issued for kidney cancer, testicular cancer,
thyroid disease, ulcerative colitis, diagnosed high cholesterol (hypercholesterolemia), and
pregnancy-induced hypertension and preeclampsia.16

12 Id.
13 See Class Action Settlement Agreement, Leach v E.I. du Pont de Nemours & Co. (Nov. 17, 2004) (No.
01-C-608), https://www.hpcbd.com/dupont/Settlement-Agreement.pdf.
14 See Leach Settlement Agreement §§ 2.1.1; 12.
15 In re E. I. du Pont de Nemours & Co. C-8 Pers. Injury Litig., 314 F. Supp. 3d 868, 873 (S.D. Ohio 2014)
(“If the Science Panel found that it was ‘more likely than not that there is a link between exposure to C–8
and a particular Human Disease among Class Members,’ the Panel then issued a Probable Link Finding for
that specific disease and DuPont waived its right to challenge whether ‘it is probable that exposure to C–8
is capable of causing’ the Linked Disease, i.e., general causation. ([Settlement Agreement] § 3.3).”).
16 See C8 Probable Link Reports, C8 Science Panel, http://www.c8sciencepanel.org/prob_link.html.

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Because the Science Panel made numerous Probable Link findings, the Settlement
Agreement provided that individual class members could pursue personal injury claims
individually.17 Following several bellwether trials—first for Carla Bartlett (resulting in a $1.6
million jury verdict), and second for David Freeman (resulting in a $5.1 million jury verdict)—
DuPont and its new spin-off, Chemours, agreed to a joint global settlement of the individual
personal injury suits flowing out of the Leach settlement, to the tune of $670 million, split evenly
between DuPont and Chemours.18
DuPont was also being pursued by the U.S. Environmental Protection Agency (“EPA”) to
remediate the harmful effects of its contamination of the water supply in West Virginia. In March
2009, DuPont and the EPA reached a Consent Order (“West Virginia 2009 Consent Order”) in
which DuPont agreed to offer water treatment or bottled water to people on private or public water
systems if the level of C8 reached 40 ppt.19
In an attempt to shed future liabilities associated with C8, DuPont began searching for
replacements to C8. In 2009—shortly before it agreed to remediate water contaminated with C8
at 40 ppt—DuPont and the EPA reached a separate Consent Order under Section 2619 of the Toxic
Substances Control Act (the “2009 TSCA Consent Order”) that permitted DuPont to begin
manufacturing GenX as a replacement PFAS for C8.20 EPA noted that the scientific studies
submitted by DuPont were “insufficient to permit a reasoned evaluation” of the human health

17 See Leach Settlement Agreement § 3.3.
18 See The Chemours Company, Investor Presentation at 2, 10 (March 2017),
https://s21.q4cdn.com/411213655/files/doc_presentations/March-2017-Chemours-Investor-
Presentation.pdf.
19 See EPA Order on Consent, In the Matter of E.I. du Pont de Nemours and Company, No. SDWA-05-
2009-0001; SDWA-03-2009-0127 DS (Mar. 10, 2009), https://www.epa.gov/sites/production/files/2016-
05/documents/dupont-finalorder09.pdf.
20 See Consent Order and Determinations Supporting Consent Order, In the Matter of DuPont Company,
Premanufacture Notice Nos. P-08-508 and P-08-509 (Jan. 28, 2009), https://chemview.epa.gov/chemview/
proxy?filename=sanitized_consent_order_p_08_0508c.pdf.

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effects of GenX, and “in light of the potential risk of human health and environmental effects,”
limited the manufacture, distribution, and disposal of the chemical.21 In particular, it was obliged
to “recover and capture (destroy) or recycle” GenX “at an overall efficiency of 99% from all
effluent process streams and . . . air emissions.”22
But as DEQ well knows, the Consent Order in this case is attributable to the fact that
DuPont and its successor, Chemours, failed to follow the EPA Order and NPDES permit it agreed
to abide by, discharging untold sums of PFAS into the Cape Fear River watershed and placing the
health and safety of affected residents at risk.
Equally problematic is the fact that Chemours is representing to local residents and the
general public that “there is no indication of any harmful health effects of PFAS at these low
levels,” with “low levels” referring to “any household with per- and polyfluoroalkyl substances
(‘PFAS’) that are (1) at or above 10 ppt for any one PFAS, or (2) at or above 70 ppt for total
PFAS.”23 It has made this representation despite agreeing specifically in the Consent Order to
conduct third party toxicity studies “informative to human health,” see Consent Order ¶ 14, despite
the fact PFAS have been found in the water supply at levels well in excess of the 50 ppt exposure
standard identified in the “probable link” findings by the Science Panel in the C8 litigation, and
despite the availability of numerous studies demonstrating the harmful health effects of GenX and
newer, second-generation PFAS.24 And the California Department of Toxic Substances Control
has reviewed emerging scientific studies on GenX and found that

21 Id. at xv, 36.
22 Id. at 36.
23 See, e.g., C3 Dimer Acid and PFAS, The Chemours Company, https://www.chemours.com/en/about-
chemours/global-reach/fayetteville-works/fayetteville-works-toxicology (last visited Feb. 26, 2020); Letter
2B to local residents, https://files.nc.gov/ncdeq/GenX/consentorder/paragraph19/Letter-2B-offering-RO-
and-Table-3-results-Over-10-ppt---represented.docx.
24 See, e.g., Melisa Gomis et al., Comparing the toxic potency in vivo of long-chain perfluoroalkyl acids
and fluorinated alternatives, 113 Environ. Int’l 1 (2018); Gloria Post et al., Key scientific issues in

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PFECAs and shorter-chain PFAAs may have similar or higher toxic
potency than the longer-chain PFAAs they are replacing. Using a
toxicokinetic model and existing toxicity data sets, a recent study
found that PFBA, PFHxA, and PFOA have the same potency to
induce increased liver weight, whereas GenX is more potent. The
authors concluded that previous findings of lower toxicity of
fluorinated alternatives in rats were primarily due to the faster
elimination rates and lower distribution to the liver compared to
PFOA and other longer-chain PFAAs.25

Chemours’ representations that there is “no indication” of any harmful health effects of PFAS at
the Action Levels set by the Consent Order is highly misleading at best, particularly without a
disclosure or explanation that there is no indication that PFAS at the Action Levels are not harmful
to human health. Chemours should be required to make corrective disclosures to area residents
regarding the potential adverse health effects resulting from exposure to PFAS at levels in excess
of the Action Levels, and the lack of any basis to represent that there is not a risk of adverse health
effects from exposure at those levels.
Geography
As the CAP states, “The Cape Fear River is a water source for a number of communities
downstream of the Site. Raw water intakes are located at Bladen Bluffs and Kings Bluff Intake
Canals, located approximately 5 miles and 55 miles downstream from the Site, respectively.”26

developing drinking water guidelines for perfluoroalkyl acids: Contaminants of emerging concern, 15
PLoS Biol e2002855 (2017); Melissa Gomis, From emission sources to human tissues: modelling the
exposure to per- and polyfluoroalkyl substances, (2017); Nan Sheng et al., Cytotoxicity of novel fluorinated
alternatives to long chain, 92 Archives of Toxicol. 359 (2017); Melisa Gomis et al., A modeling assessment
of the physicochemical properties and environmental fate of emerging and novel per- and polyfluoroalkyl
substances, 505 Sci. of the Total Environ. 981 (2014); J.M. Rae et al., Evaluation of chronic toxicity and
carcinogenicity of ammonium 2,3,3,3- tetrafluoro-2-(heptafluoropropoxy)-propanoate in SpragueDawley
rats, 2 Toxicol. Rep. 939 (2015).
25 Product – Chemical Profile for Perfluoroalkyl and Polyfluoroalkyl Substances (PFASs) in Carpets and
Rugs at 29, California Department of Toxic Substances Control (2018).
26 CAP at xii

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These raw water intakes supply water to the CFPUA, the BCPU, and the Pender County Utility,
among others.
The PFAS in the Fayetteville Works facility’s wells and surface water drainage features,
and found in the drinking water supplies of DRCs, originated from both Chemours and DuPont.
DuPont began discharging GenX and other PFAS into the Cape Fear River as early as 1980. Such
releases continued to occur after Chemours was spun off from DuPont in 2015.
Historically there have been three release routes of PFAS from Fayetteville Works to the
environment, and these release routes continue to impact DRCs:
1) emissions to air that have settled on more than 70-plus square miles in the Cape Fear
River watershed, and migrate into the Cape Fear River;
2) releases of process water to subsurface soil and groundwater that migrates into the Cape
Fear River; and
3) releases of process wastewater directly into the Cape Fear River.
These release pathways are now being controlled by Chemours, and as Chemours states,
they “have resulted in secondary sources of PFAS in the environment to groundwater and surface
water receptors.”27 As stated in the CAP:
Historical releases resulted in the following secondary sources of
PFAS being present in the environment:

• PFAS in unsaturated soils from aerial deposition infiltrating to
groundwater. Aerial deposition has resulted in a distributed, non-
point source of PFAS in onsite and offsite soils that represent a
secondary source to groundwater. Infiltrating rainfall has
transported these PFAS downward to groundwater.

• PFAS in soils and groundwater from Site process water releases.
Process water leaks in the manufacturing areas resulted in PFAS in
Site soil and groundwater. Based on the hydrogeology of the Site,
these PFAS are detected in the Perched Zone, Surficial Aquifer, or

27 CAP at xii.

18
Black Creek Aquifer and then migrate towards primarily the Cape
Fear River and Old Outfall 002 with some component reaching
Willis Creek.28

III. The CAP Fails to Protect Human Health

The CAP fails to protect human health, because it does nothing to address the ongoing
contamination of DRCs’ water supplies with PFAS.
To address PFAS in the environment from past (i.e., legacy) releases, the CAP developed
objectives and cleanup goals to guide the evaluation and selection of corrective actions. The CO’s
remedial and management goals for Fayetteville Works are:
• reduce the total loading of PFAS originating from the facility to the Cape Fear River
by at least 75 % from 2017 levels (CO paragraph 16);
• provide whole-building filtration units and RO units to qualifying surrounding
residents with water exceeding the 10/70 Action Levels (CO paragraphs 19 and 20);
• comply with 15A NCAC 02L .0103 (“2L Rules”) (CO paragraph 16), including
following the policy for the intention of the 2L Rules “to maintain and preserve the
quality of the groundwaters, prevent and abate pollution and contamination of the water
of the state, protect public health, and permit management of the groundwaters for their
best usage by the citizens of North Carolina”; and
• comply with other requirements of the CO.29
However, nowhere in the CAP does Chemours comply with the 2L Rules, including following the
policy for the intention of the 2L Rules to “prevent and abate pollution and contamination” of the
Cape Fear River so that is safe for consumption by the DRCs.

28 CAP at 19-20.
29 CAP at 48.

19
A. DRC Sampling Results.
DRCs’ water remains contaminated with PFAS approximately two years after Chemours
ceased discharging PFAS directly into the Cape Fear River watershed via Outfall 002.
In August and October 2019, Plaintiffs’ counsel collected and analyzed samples from 36
residences in Bladen, Brunswick, Columbus, Cumberland, New Hanover, and Pender Counties.
Samples were collected from residences serviced by private well water and municipal water. Most
of the residences that were sampled are serviced by municipal water providers including the
CFPUA and the BCPU. All residences were sampled for PFAS listed in Attachment C to the
Consent Order filed in State of North Carolina, ex rel., Michael S. Regan, Secretary, North
Carolina Dept. of Envtl. Quality v. The Chemours Company FC, LLC, No. 17 CVS 580.30 The
results are summarized in the spreadsheet attached as Appendix A.
Twenty-seven (27) residences serviced by municipal water providers including the CFPUA
and BCPU were sampled in Brunswick, Columbus, New Hanover, and Pender Counties. The
samples were collected from either the tap or water heaters of the residences.
All samples collected from the taps of these residences had contaminant concentrations
exceeding the threshold for installation of RO systems pursuant to Paragraph 20 of the CO; every
single sample had PFAS concentrations exceeding the 10/70 Action Levels. It is important to
recognize that the residents serviced by municipal water exceeding the Paragraph 20 criteria are
drinking water that has already been treated by the municipal water providers. Further, these
residences are contaminated two years after Chemours purportedly ceased its discharge from
Outfall 002.

30 Samples collected in June 2018 and March 2019 were analyzed in accordance with EPA Method 537 and
samples collected in August 2019 and October 2019 were analyzed in accordance with EPA Method 537.1.
All analysis was conducted by GEL Laboratories, LLC (Charleston, SC).

20

IV. The CAP Fails to Provide Adequate Plans to Remediate PFAS Contamination

The CAP fails to provide adequate plans and proposals to remediate ongoing PFAS
contamination in order to protect DRCs. In some instances, Chemours offers no solution to a major
source of continuing PFAS contamination (from aerial depositions outside Fayetteville Works),
and in others offers proposals that are so tentative and under-investigated as to provide no
assurance of any remedial efficacy at all. Nowhere in the CAP has Chemours calculated how long
the Cape Fear River will continue to be impacted by PFAS migrating from the Cape Fear River
watershed or the seeps at and near Fayetteville Works. Nor has Chemours determined how long
the DRCs’ water will continue to exceed the 10/70 Action Levels. Given the absence of such
critical information, it is safe to assume that Chemours knows that the river and the DRC water
supplies will be exceeded for decades, if not indefinitely.
Three major flaws are highlighted in the subsections that follow.
A. The CAP Proposes No Reduction in PFAS Loadings to the Cape Fear
River from Aerial Deposition on the Cape Fear River Watershed and
Consequently PFAS Will Continue to Impact the DRCs for an
Indefinite Time Until RO Systems Are Installed.

The CAP proposes no reduction in PFAS loadings to the Cape Fear River from aerial
deposition on the Cape Fear River watershed. As a result, PFAS will continue to impact the DRCs
for an indefinite time unless and until RO systems are installed.
Aerial depositions of PFAS are a substantial source of ongoing PFAS contamination. In
addition to PFAS being discharged directly into the Cape Fear River from outfalls and groundwater
seeps at and near Fayetteville Works, Chemours also discharged PFAS into the air from its process
operations. These PFAS then settled on the surrounding land within the Cape Fear River

21
watershed. As stated in the CAP, “the aerial PFAS signature [sic] are diffuse, at lower
concentrations over a 70+ square mile area. . . ”31
PFAS deposition on land makes its way into groundwater. As the CAP itself states,
“Historical releases resulted in . . . PFAS in unsaturated soils from aerial deposition infiltrating to
groundwater. Aerial deposition has resulted in a distributed, non-point source of PFAS in onsite
and offsite soils that represent a secondary source to groundwater. Infiltrating rainfall has
transported these PFAS downward to groundwater.”32 Below is a diagram from the CAP
showing, with blue dots, the location of groundwater contamination—detected to date—caused by
the vertical migration of PFAS from aerial deposition on the surface down to the groundwater
below:

31 CAP at 23 (emphasis added).
32 CAP at 19 (emphasis added).

22

Source: CAP at 24.
The contribution of these PFAS from aerial deposition on the Cape Fear River watershed
over such a large area means that the PFAS which has now migrated vertically into the
groundwater will continue to be discharged from the groundwater and over-land flow into the Cape
Fear River for years to come.
The CAP acknowledges that, at a minimum, the deposition of PFAS-contaminated air
emissions from Fayetteville Works have reached and contaminated soil and groundwater over 70

23
square miles.33 This is a low estimate. Groundwater samples from an offsite drinking water well
approximately 9.3 miles away from the Fayetteville Works facility (Well Cumberland-1D) tested
positive for GenX.34 35 Therefore, the areal extent of PFAS impacts to soil and groundwater is at
least 272 square miles (using the 9.3 mile distance from the facility to the contaminated well as
the radius).36
Although Chemours maintains that it has reduced loadings to the environment over the last
two years, it has taken at best nominal measures to abate the thousands of pounds, if not tons of
PFAS already emitted into the air. For example, Chemours admits that its air emissions likely
contained 5 tons per year of HFPO-DA (GenX): “Air emission reductions to date, on an annualized
basis for 2019, have resulted in an estimated yearly reduction of 2,150 pounds of HFPO-DA, a
greater than 93% reduction.”37 Chemours has provided no information on the amount of other
PFAS that was emitted into the air over the years and settled on the Cape Fear River watershed.
The PFAS deposited on the soil have already migrated a significant downward distance to
the underlying groundwater. Although discontinuous is some areas, there is a subsurface confining
layer of lower permeability silty or sandy clay that separates the surficial, shallow aquifer from a
more extensive, deeper aquifer.38 For example, offsite Well Bladen-2D was screened at 70 to 75
feet below the ground surface in the more extensive, deeper Black Creek Aquifer.39 Groundwater
samples from this well are contaminated with GenX and other PFAS.40 This and many other of the

33 CAP at xii, xvi, 23, 56, 57 and 76; and Table 4.
34 CAP at App. A – On and Offsite Assessment Tables, Table A 9-4.
35 CAP at App. A – On and Offsite Assessment Tables, Figure A4-2B. Chemours incorrectly shows on this
figure that samples from Well Cumberland-1D contains < 3.8 ng/L of GenX. Samples from this well
actually contain up to 5 ng/L of GenX; see Table A 9-4.
36 9.32 x π = 271.
37 CAP at 29.
38 CAP at 11.
39 CAP at App. A – On and Offsite Assessment Tables, Table A 6-3.
40 CAP at App. A – On and Offsite Assessment Tables, Table A 9-4.

24
deep on- and offsite wells were screened in the Black Creek Aquifer.41 This aquifer is composed
of high permeability fine to medium sand.42 This aquifer is hydraulically connected to the Cape
Fear River,43 and groundwater in this aquifer can flow toward the Cape Fear River at 28.0 feet per
day.44
Rather than address this extensive source of contamination, Chemours has thrown up its
hands: Chemours plainly believes that it simply may never be possible to remediate the PFAS that
has been deposited on the surface—and migrated through the groundwater—into the Cape Fear
River. In the CAP, it maintains that:
The technical and economic infeasibility of Table 3+ PFAS
remediation is driven by two factors, (a) the large areal extent PFAS
are detected and (b) the lack of remedial technologies that are
effective over large areas and effectively destroy PFAS mass in-situ
at a technically achievable and affordable scale. To date Table 3+
PFAS have been detected over an area of 70+ square miles (over
45,000 acres). The size of the area encompasses hundreds of
private land parcels and any remedial construction activities using
currently available remedial technologies (excavation and
groundwater extraction) would be very disruptive to the local
community and this disruption would continue for a lengthy
period of time. Any remedy which in principle could help make
progress towards PQLs over this large area would cost in the
billions to tens of billions of dollars. . . . Additionally, there are no
currently available remedies that are expected to be able to meet
PQLs over an area this large.”45

Simply put, Chemours is proposing no measures to remediate the 70+ square miles of
historic PFAS contamination that has percolated down into the groundwater and remains a source
of contaminant loading to the river.

41 CAP at App. A – On and Offsite Assessment Tables, Table A 6-3.
42 CAP at 11.
43 CAP at 12 and 70.
44 CAP at App. A – On and Offsite Assessment Tables, Table A 6-4.
45 CAP at 56.

25
To avoid taking any measures to remediate this contamination, Chemours has simply said,
first, that it is not technologically and economically feasible, and second, that its Human Health
Screening Level Exposure Assessment (HH-SLEA) and Ecological Assessment show that there is
no need to do anything to remedy these harms.
Chemours is wrong. Not only are its assessments flawed, see Section V below, but it is
clear that these sources of contamination continue to contaminate the Cape Fear River water
supply and, as a result, the homes of DRCs. What Chemours has not addressed is the
technological and economic feasibility of installing RO systems for DRCs. And it is clear that, in
fact, the only means of protecting these DRCs is to provide them with RO systems.
B. Remediation of the Groundwater Seeps at Fayetteville Works Will Also
Span an Indefinite Timeframe Further Necessitating the Installation of
RO Systems at the DRCs.

Unlike the offsite aerial depositions discussed above, Chemours has agreed to engage in
some remedial measures to clean up PFAS at its own Fayetteville Works facility. But as explained
below, these measures are highly speculative, unlikely to work, and are projected to extend over a
long period of time. Because this source of PFAS contamination will continue to affect DRCs for
the foreseeable future, there is all the more need to protect DRCs by installing RO systems now.
The CAP presents nine purported remedial actions and two interim actions for discharges
at and near Fayetteville Works including groundwater seeps, Willis Creek, Georgia Branch Creek
and Old Outfall 002. The overall schedule for implementation and expected reductions are shown
below in Table ES2.

26

Source: CAP at xix.
As can be seen from Table ES2, many of these 11 actions have merely “planned action
implementation period[s],” or “time periods for contingent actions” with no definitive end dates—
and will take an indeterminate amount of time.46 In fact, the only remedial measures that have been
implemented—namely, Air Abatement Controls and Thermal Oxidizer, and Conveyance and
Capture Sediment Removal—collectively mitigates less than a 2% reduction in loadings to the
Cape Fear River.47
Even longer time frames are indicated in Consent Order Table 10 (site cleanup goals), in
which many items have planning periods and contingency periods that extend beyond 5 years:

46 CAP at xvii.
47 CAP at 33, Table 7.

27

28

Source: CAP at 53, et seq.
Even worse, the CAP couches much of its language about the efficacy of its remedial plans
in highly tentative language filled with caveats and escape hatches.
For instance, according to the CAP, the full extent of offsite PFAS contamination
originating from Fayetteville Works is still being investigated.48 Chemours acknowledges that
extensive investigations and design adaptations will be necessary before contamination can be
remediated.
As another example, Chemours states that before groundwater discharges to the Cape Fear
River can be addressed, it must “proceed in developing the detailed design, including collection
of extensive pre-design data, for a long-term groundwater containment approach.”49 Chemours
continues:
Extensive investigation, analysis, and numerical model
refinement would be required to properly design a remedy of this
scale. A geotechnical investigation would be required along the
alignment (anticipated boring frequency every 100 linear feet) to

48 CAP at 34, Sec. 4.1.1.
49 CAP at xvii.

29
determine the depth and penetration resistance of the confining unit.
Additional delineation consisting of borings, wells, and in-river flux
analyses may also be utilized to properly target the optimal areas for
containment needed to achieve the corrective action objectives.
Finally, pilot testing, consisting of extraction well drilling and
aquifer testing at multiple locations along the alignment, would be
performed to determine the optimal well spacing and extraction
rates. It is anticipated that in the course of two years, these activities
would allow for model refinement and completion of design and
permitting effort. In the absence of this pre-design data, the
following discussion of a long-term groundwater remedy is still
highly conceptual.50

The CAP is replete with other examples of Chemours’ signaling that its remediation plans
are indefinite and will take a long time. The CAP proposes both short term interim remedial
measures and long-term remedial alternatives, but both types of measures have long time horizons.
As an example, the long-term remedial alternative for Black Creek Aquifer consists of the
construction, operation and maintenance of a barrier wall and groundwater capture. But Chemours
proposes no deadline for this proposal. As another example, the “interim remedial alternative
advanced for groundwater consists of installing submersible electric pumps in seven existing Black
Creek monitoring wells and pumping the water to the OOF2 treatment plant for treatment and
discharge.”51 Chemours estimates that this interim remedial measure will take two years to
complete.
Critically, Chemours states openly that it has no estimated time for completion of this
remedy: “The schedule for implementation of a groundwater remedy is included in Section 6.5 of
this document; the pre-design investigation through detailed design and permitting is expected to
take two years. At the conclusion of the effort, Chemours would present a detailed onsite remedial
design to DEQ for approval.”52

50 CAP at 71.
51 CAP at 70.
52 CAP at 75

30
Even more problematic than the extended timeline is that these proposed remedial actions
are unlikely to be effective. As an example, the CAP proposes an interim action of extracting
groundwater from existing monitoring wells screened in the Black Creek Aquifer—which has one
of the largest PFAS loading contributions to the Cape Fear River—and treatment prior to
discharge. As an interim remedial approach, Chemours proposes to place small submersible pumps
in seven existing onsite groundwater monitoring wells. In an effort to capture a small portion of
the PFAS-contaminated groundwater before it reaches the Cape Fear River, these wells would be
pumped at a total of 14 gallons per minute (gpm).53 Following DEQ’s approval of the CAP,
Chemours expects it will take 12 months to install and operate these small submersible pumps.
The operation of these pumps would be monitored for another 12 months. These two years are
considered by Chemours to be a “contingent action” and apparently could be modified or
discontinued if the pumps do not operate appropriately.54 Regardless, this interim remedial
approach or contingent action is unlikely to measurably mitigate the discharge of PFAS-
contaminated groundwater to the Cape Fear River. Chemours’ own analysis states that a series of
purpose-built extraction wells spaced at 50-foot intervals near the Cape Fear River would have to
pump at least 4,430 gpm to effectively remediate PFAS contamination.55 This groundwater
pumping rate is 317-times higher than Chemours’ proposed interim measure of 14 gpm. The
contrast between Chemours’ plan and the reality of its implementation is highlighted in the table
below:
Pumping Rate Needed to
Remediate PFAS
Pumping Rate Proposed
by Chemours
4,430 gallons per minute 14 gallons per minute

53 CAP at 70.
54 CAP at Table 13.
55 CAP at Table 8.

31
With respect to long-term permanent remedial measures, in an effort to downplay
Chemours’ commitment to effectively remediate onsite contamination, the CAP states openly that
the efficacy of a long-term remedy is simply uncertain:
The corrective actions proposed in this CAP will be refined over time
as both remedial technologies and understanding advance. PFAS are
an emerging class of contaminant, with the Table 3+ PFAS present
at the Site from this facility one of the newer sets of PFAS being
examined by the remediation industry. The state of knowledge
regarding the fate and transport properties, toxicological
characteristics, and potential remedial approaches for PFAS and
Table 3+ PFAS are continuing to evolve and advance.56

In addition, the CAP also states openly that the time horizon for remediation is highly
uncertain:
Extensive investigation, analysis, and numerical model refinement
would be required to properly design a remedy of this scale, including
but not limited to geotechnical borings, contamination distribution
investigations, in-river flux analyses, and pilot testing. It is
anticipated that in the course of two years, these activities would
allow for model refinement and completion of the design and
permitting effort. In the absence of this data, the proposed long-
term groundwater remedy is still highly conceptual, and it is not
presently possible to conclude with confidence whether this
alternative is economically feasible. At the conclusion of the PDI,
Chemours will either present a detailed onsite remedial design or a
remedial alternative to DEQ for approval . . .57

In other words, even though the Consent Order required concrete plans for remedial action,
Chemours has effectively said: more studies are needed, and, even if we conduct them, there’s no
guarantee they will be technically or economically feasible.
Most alarming, however, is Chemours’ suggestion that it should not be held to the 2L Rules
at all. Specifically, the CAP states that “NCDEQ and Chemours may need to consider alternate
cleanup standards conceived under 15A NCAC 02L .0106 (a) and (i) together and 15A NCAC

56 CAP at 1.
57 CAP at xvii.

32
02L .0106 (k) individually or risk-based remediation as described by N.C.G.S. § 130A-310.66 et
seq.”58 Chemours suggests rewriting the Consent Order rather than complying with its obligations
to protect public health, as required by the 2L Rules and the Consent Order. In short, Chemours
is reserving its rights to never restore the Cape Fear River to levels that will protect the DRCs.
In light of Chemours’ sidestepping of its responsibilities under the Consent Order—and the
tenuousness of the proposals made in the CAP—the only method to protect the DRCs in the short
and foreseeable future is for them to be provided with RO units.
There is also no certainty that total loadings from groundwater into the Cape Fear River
will decrease within a certain timeframe. That is, there is no definitive decreasing trend in PFAS-
contaminated water reaching the Cape Fear River. For example, PFAS-contaminated surface water
is present in Georgia Branch Creek, which discharges to the Cape Fear River. For example, while
“Total Table 3+ PFAS concentrations from wells PW-02 and PW-14 were approximately 100
times lower in the resampled results compared to the original samples (15,000,000 to 140,000 ng/L
and 18,000,000 to 160,000 ng/L respectively),”59 there is no indication that the purported decrease
is due to factors outside of chemical loadings, such as dilution from increased groundwater flowage
rates and volumes.
Chemours also has not evaluated whether the decrease is asymptotic and will reach a
plateau which still contributes extensive loadings to the Cape Fear River—in other words,
Chemours has provided no analysis of whether PFAS reductions have stabilized and are likely to
decrease only nominally over time, or whether PFAS reductions will follow a downward trend.
Indeed, Chemours has not even attempted to conduct this analysis at all. Accordingly, all that
Chemours can offer is that “The concentrations in these wells will continue to be monitored as part

58 CAP at xvi.
59 CAP at 20.

33
of monitoring plan activities described in Section 7.”60 As another example, according to the CAP,
in some instances, the concentration of PFAS in monitoring wells is actually increasing with time.
As stated in the CAP, “Total Table 3+ PFAS concentrations for wells PIW-7S and PW-06
following redevelopment and resampling were greater than previous results. For example, total
Table 3+ PFAS concentrations for well PW-06 increased from 3,000 ng/L to 4,400 ng/L while
well PIW-7S increased from 17,000 ng/L to 54,000 ng/L.”61
There is also no certainty that total loadings from groundwater into the Cape Fear River
will decrease with distance from Fayetteville Works. As stated in the CAP:
Onsite there are four seep features with channelized flow that enter
the Cape Fear River. In October 2019, ten offsite groundwater seeps
- the Lock and Dam Seep and Seeps E to M - were identified on the
west bank of the Cape Fear River to the south of the Site. The seeps
were identified by performing a visual survey from a boat on the
western side of the Cape Fear River between Old Outfall 002 and
Georgia Branch Creek. Flow from these seeps ranged from seeping
water from an embankment (i.e. trickles) to a visible small stream in
one of the seeps. Results from samples collected from the seeps
indicate Total Table 3+ PFAS concentrations ranged between 2,600
to 6,800 ng/L. The seven southernmost seeps (G to M) had similar
concentrations to the mouth of Georgia Branch Creek sampled
in September (2,100 ng/L).62

Chemours incorrectly states that there is a decreasing trend in PFAS concentrations while moving
southward toward Georgia Branch Creek.63 Although the first few seeps near the Old Outfall 002
(i.e., Seeps E to G) do exhibit higher PFAS concentrations (average 1,000 ng/L of GenX), all of

60 CAP at 20.
61 CAP at 21.
62 CAP at 21.
63 CAP at App. D – Southwestern Offsite Seeps Assessment, Offsite Seeps Assessment Memo, December
31, 2019, at 3.

34
the next six downstream seeps over the next 0.6 miles exhibit similar PFAS concentrations
(average 572 ng/l GenX).64
Further, although the ongoing discharge of PFAS-containing water from Outfall 002 has
been reduced, the outfall is still providing about 5 percent of the mass-loading to surface water in
the adjacent Cape Fear River. And the concentration of GenX and other PFAS in samples collected
from Outfall 002 remain elevated.
Figure 1. GenX Concentrations in Samples Collected from Outfall 002 at Chemours
Fayetteville Works.

Source: GenX Surface Water Sampling Sites, North Carolina Department of Environmental
Quality, https://deq.nc.gov/news/key-issues/genx-investigation/genx-surface-water-sampling-
sites, last visited Jan. 25, 2020.

64 CAP at App. D – Southwestern Offsite Seeps Assessment, Offsite Seeps Assessment Memo, December
31, 2019, at Table 1 and Figure 2.

35
The CAP makes the completely unsupported statement that PFAS contamination will
naturally reduce over time, stating, “While other media were not identified as significantly
contributing to overall intake, human exposure to PFAS in all environmental media will continue
to decrease over time as a result of Facility air emissions reductions.”65 However, Chemours has
provided no analytic data, statistics, calculations or regression analyses to support this
conclusion. In fact, as discussed elsewhere throughout these comments, it is likely that the
reservoirs of PFAS existing in soil, groundwater and discharges throughout the Cape Fear River
watershed will discharge into the Cape Fear River and be consumed by the DRCs for years if not
decades to come. Conversely, according to the CAP, “Table 3+ PFAS are not expected to degrade
in a reasonable time period in the environment, and therefore this is not a mechanism that will
support concentration reductions.”66 In short, the CAP states: “Based on professional opinion the
costs for on and offsite remediation to PQLs would exceed billions to potentially tens of billions
of dollars and the timeframe would be on the order of multiple decades.”67 (emphasis added)
Once again, Chemours’ inability to remediate the Cape Fear River within any given
timeframe means that DRCs will be exposed to PFAS unless they are provided with RO systems.
The DRCs simply cannot wait until Chemours eventually—if ever—effectively implements these
permanent remedial measures. In the meantime, the DRCs should be provided with RO systems
and bottled water. This solution is both economically and technologically feasible, and DEQ
should order it pursuant to Chemours’ obligations under the CO.

65 CAP at 38.
66 CAP at 58.
67 CAP at 58.

36
C. The Differing Rates of PFAS Migration Through Air, Soil,
Groundwater, Sediment and River Water Means That PFAS Will
Reach the DRCs Not as a Single “Slug” but Rather over Many Years.

The differing rates of PFAS migration through air, soil, groundwater, sediment, and river
water means that PFAS will reach the DRCs not as a single “slug” but rather gradually over many
years. In lay terms, each PFAS has a different “stickiness” coefficient, meaning that although some
PFAS adhere strongly to surfaces, others are less adherent. The technical term for this is
“retardation.” Chemours neglects to consider these disparate migration rates.
To explain their variations, Section 3.2 of the CAP provides a description of the physical
and chemical properties of Table 3+ PFAS found in the air, soil, groundwater, sediment, and river
water and their fate and transport. This table makes clear that PFAS will continue to reach DRCs
for an indefinite amount of time due to the differing retardation rates for different PFAS. Pursuant
to CO Paragraph 27, Chemours funded a study analyzing the fate and transport characteristics of
identified PFAS compounds originating from Fayetteville Works in air, surface water, and
groundwater.68 The findings of this study establish that although many of the Attachment C PFAS
are highly mobile (which explains why they will continue to migrate from and near Fayetteville
Works to the municipal water intakes), some of the other Attachment C PFAS are less mobile and
thus will continue to be released and reach the intakes for years to come.
Section 3.2 of the CAP summarizes the PFAS values for the octanol-water partition
coefficient (Kow), organic carbon-water partition coefficient (Koc), and surface tension of water,
which determine the propensity and degree to which PFAS bind to organic carbon in the soil,
groundwater, sediment, and river water:
Generally, Table 3+ PFAS are expected to be mobile in the
environment given the presence of charged head groups and ether

68 Geosyntec, 2019c. Site Associated PFAS Fate and Transport Study Pursuant to Consent Order Paragraph
27 (June 24, 2019).

37
bonds, but they will experience some retardation due to sorption to
soils. For some Table 3+ PFAS, mobility may be enhanced relative
to straight-chain, non-ether PFAS by their branched structure and the
presence of two charged head groups. The mobility of the Table 3+
PFAS will be retarded by various chemical processes but will likely
have lower retardation than long-chain PFAS without ether bonds.
Chemical processes expected to have the most impact on mobility are
sorption to naturally occurring organic carbon in soil and, in the
unsaturated soil zone, preferential partitioning to the air-water
interface.69

The CAP continues, “Kow is a standard parameter used for estimating bioconcentration
factors. . . Other mechanisms of sorption can also include the potential for PFAS, including Table
3+ compounds to bioaccumulate in organisms.”70
Finally, Chemours’ Table 2 demonstrates that PFAS has differing “Measured Log Kow and
Calculated Log Koc Values” which indicates that Chemours’ PFAS will reach the DRCs over an
extended period of time.

69 CAP at 13.
70 CAP at 14.

38

Source: CAP at 15.
Thus, Chemours itself admits that different PFAS will be transported at different rates due
to different retardation factors. As provided in the CAP, “The retardation factor estimates suggest
in the saturated zone approximately half of the Table 3+ PFAS will experience minimal
retardation where travel times will be similar to groundwater travel times; i.e., factors were close
to 1.”71 The remaining half will experience a wide array of travel times with many likely taking
years to reach the DRCs’ water supply.

71 CAP at 28.

39
This means that different PFAS, traveling at different speeds, will continue to impact the
water consumed by the DRCs at differing times for years if not decades to come. The only means
to protect the DRCs during this extended time period is to provide them with RO systems.
V. The CAP Fails to Provide an Adequate, Scientifically Sound, and Unbiased
Risk Assessment as Required by CO Paragraph 14.

Chemours has yet to properly quantify the risks of PFAS exposure to DRCs and all other
individuals affected by Chemours’ contamination. In particular, Chemours has failed to comply
with CO Paragraph 14’s requirement to establish that Attachments B and C PFAS do not pose an
unacceptable risk to human health. And more importantly, because there is no basis to conclude
that consumption of water contaminated with Attachment C PFAS at levels in excess of the Action
Levels does not pose an unacceptable risk to human health, Chemours must provide the DRCs
with RO systems and bottled water while an evaluation of the health risks and toxicity values is
being executed.
Chemours’ toxicity assessment found in Appendix F to the CAP, also referred to as the
HH-SLEA, contains numerous errors and underestimates risks to human health. In particular,
Chemours has yet to properly quantify the risks of PFAS exposure to DRCs and all other
individuals affected by Chemours’ contamination. Chemours fails to calculate toxicity values (and
risks) for 19 out of 20 PFAS, focusing all of its efforts on GenX, the one PFAS for which DuPont
and Chemours have produced at least some toxicity evaluations. In addition to Chemours’
complete failure to assess toxicity for most of the chemicals at issue (or the interplay between those
chemicals amongst one another and with legacy PFAS contamination that remains in area
residents’ bodies), Chemours’ analysis fails to (a) follow standard EPA guidance for deriving
toxicity values; (b) adequately address the past decade of scientific literature on GenX’s toxicity;

40
(c) properly weigh and account for the toxicity and human health risks of GenX, including
immunotoxicity; and (d) account for all necessary risks and toxicity information associated with
drinking contaminated water. Chemours also manipulates its conclusions by making improper and
scientifically unsound assumptions that mask the true risks associated with drinking PFAS-
contaminated water and fail to account for exposure risks to sensitive subpopulations.
Incredibly, Chemours also fails to address its own data, identified in its TSCA Section 8(e)
submissions, demonstrating that GenX-induced toxic effects include liver toxicity (e.g.,
hypertrophy, single-cell necrosis, peroxisome proliferation, and increased liver weight relative to
body weight), hematological effects (e.g., decreased red blood cell count, hemoglobin, and
hematocrit), kidney toxicity (e.g., increased kidney weight, necrosis, and hyperplasia),
developmental effects (e.g., body weight changes), immune effects (e.g., T cell-dependent
antibody response [TDAR] suppression and lymphocyte increases), and suggestive evidence of
tumor formation (e.g., liver and pancreatic acinar cell tumors).72 Yet the HH-SLEA fails to address
any of these impacts.
Chemours’ deeply flawed HH-SLEA purports to quantify the risks of exposure of offsite
human receptors to 20 PFAS listed in Table 3+ of the HH-SLEA (only one of which is GenX) but
not the synergistic effect of these chemicals upon one another (or indeed other PFAS and chemicals
found in the DRCs’ tap water) or together with PFAS (including PFOS and PFOA) that have
bioaccumulated in residents’ bodies as a result of DuPont’s and Chemours’ historical
contamination of the water supply. The HH-SLEA purports to quantify exposures of offsite human
receptors to released PFAS for several receptor-exposure scenarios, and to provide a provisional

72 Human Health Toxicity Values for Hexafluoropropylene Oxide (HFPO) Dimer Acid and Its Ammonium
Salt (CASRN 13252-13-6 and CASRN 62037-80-3) Also Known as ‘GenX Chemicals’, EPA-823-P-18-001
Public Comment Draft at 47, U.S. EPA (Nov. 2018), https://www.epa.gov/sites/production/files/2018-
11/documents/genx_public_comment_draft_toxicity_assessment_nov2018-508.pdf.

41
human health hazard characterization for GenX (HFPO-DA) based on quantified intakes and the
North Carolina Department of Health and Human Services (“DHHS”) 2017 draft oral reference
dose (RfDo).
The HH-SLEA violates fundamental, generally accepted principles of toxicology and risk-
assessment practice and ignores standard regulatory guidance, as the below subsections make
clear.
First, Chemours fails to calculate toxicity values (and risks) for 19 out of 20 PFAS listed
in Table 3+, focusing all of its efforts on GenX, the one PFAS for which DuPont and Chemours
have produced at least some toxicity evaluations.73
Second, even setting aside Chemours’ failure to adequately analyze the toxicity of 95% of
the PFAS listed in Table 3+, Chemours’ analysis itself is deeply flawed, including by its failure to
(a) follow standard EPA guidance for deriving toxicity values; (b) adequately address the past
decade of scientific literature on GenX’s toxicity; (c) properly weigh and account for the toxicity
and human health risks of GenX, including immunotoxicity and potential carcinogenicity; and (d)
account for all necessary risks and toxicity information associated with drinking contaminated
water.
Third, Chemours also manipulates its conclusions by making improper and scientifically
unsound assumptions that mask the true risks associated with drinking PFAS-contaminated water.
Fourth, Chemours fails to consider its own studies prepared pursuant to its consent decree
with the EPA pursuant to Section 8(e) of TSCA.
Fifth, Chemours’ methodological flaws are underscored by its failure to account for
exposure risks to sensitive subpopulations.

73 CAP at xv; Section 4.2.

42
A. The HH-SLEA Violates Generally Accepted Principles of Toxicology
and Risk-Assessment and Ignores Standard Regulatory Guidance.

The CAP and HH-SLEA provide an insufficient analysis of the toxicity associated with
both GenX exposures and exposure to the other 19 PFAS. Chemours has also failed to account for
the synergistic effects of the 19 PFAS—as well as other contaminants in the DRCs’ water supply
and, critically, with PFOS, PFOA and other legacy PFAS that remain in residents’ blood as a result
of historical contamination of the water supply by DuPont and Chemours, as was found in the
blood samples taken as a part of the GenX Exposure Study. The HH-SLEA does not meet generally
accepted standards of toxicology and risk assessment. Considerable and fundamental efforts must
be made to conduct adequate toxicity studies to reduce the uncertainty in the current GenX
toxicological database, and Chemours must also conduct the necessary toxicity studies to derive
toxicity values for the 19 PFAS compounds listed in Table 3+ for which no toxicity information
is presented in the CAP or HH-SLEA. In the meantime, Chemours must provide the DRCs with
bottled water and RO systems because as admitted by Chemours in the CAP, “supplying whole
building filtration systems and reverse osmosis units for qualifying residents offsite reduces
HFPO-DA (and Table 3+ PFAS) intake by over 92%, ensuring human receptor exposures remain
below hazard limits for HFPO-DA, based on the NC DHHS draft RfDo.”74
1. Chemours fails to calculate toxicity values (and risks) for 19 out
of 20 PFAS listed in Table 3+, focusing all of its efforts on GenX,
the one PFAS for which DuPont and Chemours have produced
at least some toxicity evaluations.75

The HH-SLEA provides little information regarding actual human health risks. This is
because, although the 20 PFAS contaminants listed in Table 3+ have been identified, Chemours

74 CAP at xv.
75 CAP at xv; Section 4.2.

43
has only presented toxicity information and data for a single PFAS (GenX), while omitting any
such information for the other 19, despite the fact that thousands of North Carolina residents have
been drinking water contaminated with these PFAS for years if not decades. Chemours appears to
dismiss the absence of toxicity data for these 19 PFAS compounds listed in Table 3+ as
unimportant; however, it is likely one or more of them, alone or in the combinations present in
area drinking water, may be shown to be even more toxic than GenX alone. For this reason, the
HH-SLEA does not even meet the standard of a screening risk assessment. Chemours’ conclusions
about the risks of drinking water contaminated with GenX and other PFAS are incorrect and
grossly underestimate the risks of such exposure, including the fact that Chemours fails to
differentiate between the hazard of being exposed to a single PFAS versus the hazards associated
with exposure to multiple PFAS at the same time (i.e., the combined effect of PFAS exposure) and
with introducing additional PFAS into the blood of residents who already have accumulated PFOS,
PFOA, and other PFAS in their blood.
In its HH-SLEA, Chemours states that the calculated hazard quotients, or “HQs,” were
“less than 1 for residents, farmers, and gardeners exposed to soil, produce, and well water in
exposure unit (“EU”) 1 through EU 12, indicating potential HFPO-DA exposure is unlikely to
pose a hazard, even in the absence of drinking water treatment.”76
This conclusion—of a HQ for GenX of less than 1—is wholly unsupported for the simple
reason that Chemours has yet to derive any toxicity values for 19 of the 20 PFAS listed in Table
3+. And even accepting the existence of some toxicity values for GenX, significant uncertainty
exists even as to that data. By its own admission, Chemours states that the toxicity data—which
was taken from DuPont’s 2010 EPA TSCA Section 8(e) filing—may well underestimate GenX’s

76 CAP at Section 4.2.4.

44
risks because (1) the studies are outdated; (2) they are based only on liver pathology (when the
immune system is likely a more sensitive target organ); (3) there is no human data; and (4) toxicity
was based on subchronic rather than chronic animal studies. Chemours states:
Toxicity Data. The SLEA provisional hazard characterization is
based on the HFPO-DA RfDo of 1E-04 mg/kg-day adopted by the
NC DHHS, which is predicated on liver toxicity endpoints from two
subchronic studies in mice. There is inherent uncertainty in the use
of animal toxicity data to characterize potential human health
hazards and the RfDo could potentially change as new information
becomes available. (emphasis added)77

Chemours’ statement both (a) acknowledges that the current value could potentially change
as “new information becomes available,” and (b) that Chemours intends to wait for other entities
to generate new toxicity information (RfD) for GenX.78 Chemours is responsible for GenX
pollution, and should be responsible for funding the independent studies needed to generate “new”
toxicity information.
Chemours also downplays the impact of the lack of toxicity information for the 19 other
PFAS compounds listed in Table 3+ by referring to it as mere “uncertainty”:
In addition to the uncertainty associated with the HFPO-DA RfDo,
the lack of toxicity information for other Table 3+ PFAS also
introduces uncertainty to the HH-SLEA but data are not available to
evaluate the potential effect, if any, on the conclusions [of the]
hazard characterization [sic].79

With regard to the “screening” levels of GenX, Chemours also insinuates that a 10 ppt
GenX level in drinking water is “safe” because it is based on an agreement:
[Hazard Quotient] estimates based on an assumption of 10 ng/L of
HFPO-DA in drinking water, which is the maximum concentration
in well water that would not require a treatment system, range from

77 CAP at 39.
78 Id. at 39.
79 Id. at 39-40.

45
0.003 to 0.07 and, hence are more than an order of magnitude below
a level of concern (unity or 1).80

Although an agreement of treatment may have been reached with the State, a drinking
water level of 10 ppt for GenX may be insufficiently protective of human health. For example, the
Natural Resources Defense Council (“NRDC”) conducted an independent analysis to calculate the
“safe” concentration of GenX in drinking water and concluded the level should be less than 1 ppt.
This is 10 times less than the current 10/70 Action Level for GenX. Furthermore, the NRDC’s
analysis was based on DuPont’s 2010 TSCA Section 8(e) and toxicity studies:
If uncertainty factors that properly reflected the deficiencies in
toxicity data (database, sub-chronic to chronic, children’s
vulnerability, human variability, animal to human differences) were
used, the combined uncertainty factor could be as high as 100,000,
which would result in a MCLG of less than 1 ppt for GenX
chemicals (see Appendix F for calculations). This highlights the
current considerable level of uncertainty in determining a safe level
of exposure for GenX chemicals.81

The last point underscores the importance of summing health risks when multiple
contaminants are present in drinking water, as set forth in the EPA’s risk assessment guidance and
generally accepted toxicology practice.82 Chemours’ assumption that a GenX concentration in
drinking water is safe is based on an underlying (incorrect) assumption that GenX is the only PFAS
contaminant to which a population is exposed. When there are multiple contaminants, the EPA
requires further reductions in screening risk assessments to account for similar contaminants that
may also pose risks. The EPA guidance states:
5.15 Screening Sites with Multiple Contaminants

80 Id. at 39.
81 A. Reade, T. Quinn, and J. S. Schreiber, PFAS in Drinking Water 2019: Scientific and Policy Assessment
for Addressing Per-and Polyfluoroalkyl Substances (PFAS) in Drinking Water at 43, Natural Resources
Defense Council (Apr. 12, 2019), https://www.nrdc.org/sites/default/files/media-uploads/
nrdc_pfas_report.pdf.
82 Regional Screening Levels (RSLs) User’s Guide at 5.15, U.S. EPA (Nov. 2019),
https://www.epa.gov/risk/regional-screening-levels-rsls-users-guide.

46

The screening levels in the tables are calculated under the
assumption that only one contaminant is present. Users needing to
screen sites with multiple contaminants should consult with their
regional risk assessors. The following sections describe how target
risks can be changed to screen against multiple contaminants and
how the ratio of concentration to RSL can be used to estimate total
risk.83

The EPA provides guidance on how to adjust the HQs for single chemicals when multiple
contaminants are present (which depends on how many of the other 19 PFAS listed in Table 3+
are detected):
The calculator on this website can be used to generate SLs based on
any THQ [target hazard quotient] or target cancer risk (TR) deemed
appropriate by the user. The THQ input to the calculator can be
modified from the default of 1. How much it should be modified is
a user decision, but it could be based upon the number of
contaminants being screened together. For example, if one is
screening two contaminants together, then the THQ could be
modified to 0.5. If ten contaminants are being screened together,
then the THQ could be modified to 0.1. The above example weights
each chemical equally; it is also possible to weight the chemicals
unequally, as long as the total risk meets the desired goal. The
decision of how to weight the chemicals is likely to be site-specific,
and it is recommended that this decision be made in consultation
with the regional risk assessor.84

The other option the EPA provides for assessing the risk of exposure to multiple, related
chemical compounds (and which Chemours also failed to follow) is to first develop “safe” drinking
water concentrations for each of the 20 PFAS listed in Table 3+ (which are sometimes referred to
as maximum contaminant level goals [MCLGs] or screening levels [SLs], as shown below). The
detected concentration in drinking water for each of the individual PFAS compounds is then
divided by those concentrations (shown as Cx, Cy,…Cz); finally, the quotients are added together,
or summed. If the summed THQ exceeds 1.0, the contaminants may pose an unacceptable risk.

83 Id.
84 Id. at 5.15.1.

47
What is important to recognize about this approach is that the summed THQ can far exceed
acceptable risk levels even when each of the individual PFAS compounds does not exceed its own
MCLG (or SL).

Source: Regional Screening Levels (RSLs) User’s Guide at 5.15.1, U.S. EPA (Nov. 2019),
https://www.epa.gov/risk/regional-screening-levels-rsls-users-guide.

This error is critical. This issue is compounded because other chemicals have been found
in the DRCs’ water supply that originated from Fayetteville Works. Chemours followed none of
these approaches, and its assertion that the Action Level for GenX is safe is unsupported and
contrary to the established methodological approaches when populations are exposed to multiple,
similar compounds.
Chemours should be required to generate adequate toxicity information for the 19 untested
PFAS listed in Table 3+ that DuPont (and later Chemours) emitted and discharged into the
environment. Chemours, as the manufacturer, is not only most familiar with the chemical/physical
properties of its own chemical products, but has profited from their use or sale for more than a
decade, which is more than sufficient time to have completed toxicological testing on the
remaining 19 PFAS compounds listed in Table 3+. The HH-SLEA and CAP do not explain why
DuPont and Chemours failed to perform any such testing in the past, and there is no explanation
for why Chemours continues to delay testing today. It is incumbent on Chemours to explain how

48
it intends to finalize the HH-SLEA and CAP risk assessments and the necessary underlying data.
Simply put, no risk assessment can be conducted without PFAS-specific toxicity studies and the
toxicity values that are extracted from those studies. Those studies do not yet exist, and there is no
concrete plan for their completion.85
Moreover, given the similarity of the molecular structure of the Table 3+ PFAS to PFOA
(also known as C8) and GenX, Chemours should also be required to comply with the requirement
in Section 8(e) of TSCA to immediately notify the EPA when substances or mixtures present a
substantial risk of injury to health or the environment. TSCA Section 8(e) states, “Any person who
manufactures, [imports,] processes, or distributes in commerce a chemical substance or mixture
and who obtains information which reasonably supports the conclusion that such substance or
mixture presents a substantial risk of injury to health or the environment shall immediately inform
the [EPA] Administrator of such information unless such person has actual knowledge that the
Administrator has been adequately informed of such information.” 15 U.S.C. § 2607(e). EPA’s
guidance states that such “Substantial Risk Notifications” under TSCA Section 8(e) should be
submitted within 30 calendar days.
Until Chemours conducts foundational toxicity tests on the 19 PFAS compounds listed in
Table 3+, there is no path forward to derive toxicity values. And without this information, human
health risks cannot be determined, the current calculated risks are not even a good faith guess, and

85 Chemours and its predecessor, DuPont, are well equipped to generate such data. DuPont contends that
its Haskell Laboratory for Toxicology and Industrial Medicine is one of the most advanced industrial
toxicology testing facilities in the world. Indeed, in its very first mission statement in 1935, Haskell
Laboratory stated that the purpose of its facilities was to test DuPont’s chemical products before they were
placed on the market. Haskell Laboratory of Industrial Toxicology, 13 Chem. Eng. News 3, 44-46 (1935)
(The purpose of Haskell Labs is “to test thoroughly from a health standpoint all products produced by the
company before they are placed on the market.”) (emphasis added).

49
to ensure they are adequately protected from the future health risks of these toxic chemicals, DRCs
are entitled to the installation of RO systems and bottled water.
2. The Carcinogenetic Impacts of GenX and PFAS Must Be
Addressed

In addition to noncancer systemic toxicity, however, the HH-SLEA does not address or
discuss whether GenX or any of the other 19 PFAS listed in Table 3+ are, like their closely
related predecessor C8, likely carcinogens. Indeed, the EPA’s draft toxicity assessment of GenX
(which Chemours relies on) states:
[T]here is Suggestive Evidence of Carcinogenic Potential of oral
exposure to GenX chemicals in humans, based on the female
hepatocellular adenomas and hepatocellular carcinomas and male
combined pancreatic acinar adenomas and carcinomas.86

Moreover, because the cancer studies the EPA refers to were rat studies, even the EPA’s
assessment may underestimate GenX’s cancer risk, as it is well-known that mice are more sensitive
to the effects of GenX than rats. GenX’s potential carcinogenicity was not even mentioned in the
HH-SLEA.
A review of DuPont’s and Chemours’ knowledge of the carcinogenicity of GenX is
instructive.
a. Pursuant to the 2009 consent decree between DuPont and the EPA, DuPont was
required to conduct a series of tests on GenX. The tests demonstrated significant health and
environmental dangers associated with GenX, and yet DuPont concealed, misrepresented, and
downplayed these dangers, all while continuing to discharge toxic chemicals into the Cape Fear
River.

86 Human Health Toxicity Values for Hexafluoropropylene Oxide (HFPO) Dimer Acid and Its Ammonium
Salt (CASRN 13252-13-6 and CASRN 62037-80-3) Also Known as ‘GenX Chemicals’, EPA-823-P-18-001
Public Comment Draft at 47, U.S. EPA (Nov. 2018), https://www.epa.gov/sites/production/files/2018-
11/documents/genx_public_comment_draft_toxicity_assessment_nov2018-508.pdf.

50
b. On July 15, 2010, pursuant to the consent decree, DuPont submitted a letter report
to the EPA summarizing the results of studies of the impacts of GenX on both fetal and adult
laboratory rats. The study found a direct correlation between the dosage of GenX and early
deliveries, fetal weight, and skeletal deformations:
There was a dose-related increase in the number of dams [female
mice] found with early deliveries on GD 21.

In addition, mean fetal weight was 8 and 28% lower (statistically
significant) than controls at 100 and 1000 mg/kg/day, respectively.

A higher mean litter proportion of 14th rudimentary ribs was
observed in the 1000 mg/kg/day group, resulting in a higher mean
litter proportion of total skeletal variations and total
developmental variations. . ..

c. As for the maternal laboratory rats, the study found that:
Focal necrosis [small areas of dead tissue such as cysts] of the
liver was noted in some females in the 100 and 1000 mg/kg/day
groups in a dose-related manner.

d. On July 20, 2010, pursuant to the consent decree, DuPont submitted a report to the
EPA on a further rodent study which found numerous instances of cellular deformation indicative
of liver disease and early-stage cancer. Pathological findings included focal necrosis, which are
small areas of dead liver cells undergoing disintegration, and an increase of peroxisome
proliferators which have been shown to cause liver disease and induce tumors in livers.
e. To address these adverse findings, DuPont performed a follow-up study which it
reported to the EPA on January 28, 2011. The results differed little from the July 20, 2010 letter
report and portended the results of a far more detailed analysis in 2014:
Hepatocellular hypertrophy was characterized by cytoplasmic
eosinophilic stippling that is consistent with peroxisome
proliferation. In the 5 mg/kg/day F0 males and females, other liver
lesions included increases in single cell necrosis, mitotic figures,
lipofuscin pigment, and focal necrosis (females only).

51

Increases in mitotic figures indicate that a cell population is proliferating and is
used as an index of tumor aggression.
f. On January 8, 2013, DuPont completed another study. The results further
confirmed the dangerous health effects of exposure to GenX:
Under the conditions of this study, the no-observed-adverse-effect
level (NOAEL) was considered to be 1 mg/kg/day in male and
female rats. Test substance-related neoplastic changes were
observed at the high dose (500 mg/kg/day in females; 50 mg/kg/day
in males) and included hepatocellular tumors in females and, in
males, equivocal increases in pancreatic acinar cell tumors and
testicular interstitial cell tumors.

But DuPont dismissed the results as not being relevant to human health:
Based on the high dose threshold for these tumor responses in this
study, the lack of genotoxicity of the test material across a battery
of in vitro and in vivo tests, and the known responses of the rat versus
other species, including humans, to these PPAR(a) associated tumor
responses, these tumor findings are not considered relevant for
human risk assessment.

g. The January 2013 study also found uterine polyps, which is a potential indicator of
uterine cancer, but dismissed the results on statistical grounds. DuPont did not, however, provide
a basis for selecting the statistical tests or any evidence that it had run the tests, or the results of
the tests. DuPont swept its own dire findings under the rug, while citing no authority and
conducting no tests supporting these broad dismissals. Moreover, DuPont failed to acknowledge
the large body of science that is contrary to DuPont’s purported conclusion that its rodent studies
are irrelevant to human health.
h. In 2014, DuPont scientists conducted yet another evaluation of the toxic effects of
GenX, “Evaluation of chronic toxicity and carcinogenicity of ammonium 2,3,3,3-tetrafluoro-2-
(heptafluoropropoxy)-propanoate in Sprague–Dawley rats” (“GenX Report”). This study was

52
designed to be far more detailed than the last half-dozen studies, and was presumably designed to
put to bed any lingering doubts about the carcinogenicity of GenX. But the opposite occurred. The
GenX Report found “[i]ncreases in enzymes indicative of liver injury. . .” It also found a gradual
deterioration of specific tissues, cells, and organs with a corresponding impairment of function,
and small areas of dead liver tissue. Blood sampling analysis and results also found that the rats
were in a diseased state.
i. Tumors were also discovered in the rats:
At the interim necropsy, non-neoplastic test substance-associated
effects were present in the liver of males at 50 mg/kg and in the liver
and kidneys of females at 500 mg/kg.

j. “Non-neoplastic” refers to new growth in tissue that does not serve a useful purpose
– i.e., tumors. Neoplasms may be malignant or benign; some benign tumors may progress to
malignancy. The report later indicated that these tumors were indeed carcinogenic. DuPont also
found the livers to be enlarged, lesions and dying cells—all indicators of liver disease.
k. DuPont also found cells in the early stages of kidney cancer:
Kidney changes in females at 500 mg/kg included tubular dilation,
edema of the renal papilla, transitional cell hyperplasia in the
renal pelvis, tubular mineralization, renal papillary necrosis and
CPN. Tubular dilation frequently occurred in an ascending pattern
extending from the papilla to the outer cortex, while at other times
it was present only in the papilla. Edema of the papilla was
characterized by increased rarefaction or myxomatous change in the
papillary interstitium, sometimes with polypoid protrusions from
the lateral surface of the papilla. The edema and tubular dilation
were often associated with hyperplasia of the transitional cell
epithelium lining the papilla and pelvis. Small foci of tubular
mineralization were often present and, in some animals, necrosis of
the tip of the papilla was present.

Transitional cell hyperplasia in the kidney is often an initial stage in the development of cancer.

53
l. The report also found that, in addition to tumors in the liver, tumors were also found
in the kidney, stomach, and tongues of females:
In addition, in female rats given 500 mg/kg, statistically significant
increases in hyperplasia of squamous epithelium were observed in
the nonglandular stomach (limiting ridge only) and tongue (in
association with subacute/chronic inflammation in the tongue).

Hyperplasia is the enlargement of an organ or tissue caused by an increase in the reproduction rate
of its cells, often as an initial stage in the development of cancer.
m. DuPont ultimately concluded that the lesions in the liver were carcinomas—that
GenX caused liver disease and cancer in the livers of females and males:
Compound-related neoplastic changes occurred in the livers of
females administered 500 mg/kg and included increased
incidences of hepatocellular adenoma and carcinoma. These
tumors occurred in association with the degenerative and necrotic
liver lesions observed at this dose as described above.
Hepatocellular tumors and test substance-associated degenerative
and necrotic lesions were not observed in females at lower doses and
the incidences of hepatocellular tumors were similar in all male
groups.

n. The report also found that in males, GenX causes pancreatic cancer, but then
attempted to minimize the impact of its findings:
In males administered 50 mg/kg, a statistically significant increase
in the combined incidence of pancreatic acinar cell adenomas
and carcinomas was seen, but neither the incidence of adenoma or
carcinoma alone was statistically increased, although the incidence
of carcinomas (2.9%) was slightly outside the historical range of 0-
1.7%.

o. DuPont’s study also found evidence of testicular cancer, but again tried to minimize
its significance:
The incidence of Leydig cell adenomas (11.4%) was increased
above historical control ranges for this tumor (0-8.3%) in males
administered 50 mg/kg, although this increase was not statistically
significant compared to controls. In addition, a Leydig cell adenoma

54
was present in 1 male at the interim necropsy in the 50 mg/kg group.
The incidence of Leydig cell hyperplasia was also increased above
historical control range in this group at terminal sacrifice (also 0-
8.3%, although again, this incidence was not statistically significant
versus controls. However, comparison to within-study controls was
complicated by the fact that controls had a relatively high incidence
of Leydig cell hyperplasia (10%). Based on the above considerations
and the known activity of PPARα agonists to produce Leydig cell
hyperplasia and adenomas in rats, the relationship to the test
compound for these lesions was considered equivocal in this
study.

Leydig cell tumors are usually benign, but approximately 10% are malignant. As with germ cell
tumors, they spread throughout the lymphatic system. However, unlike germ cell tumors, Leydig
cell tumors show relative lack of sensitivity to radiotherapy and chemotherapy agents.
p. DuPont likewise tried to minimize its finding on pancreatic cancer and Leydig cell
tumors by claiming that “less robust” evidence “suggests” that the results were “likely” not
relevant to humans:
While there is less definitive mechanistic data on the role PPARα
plays in the induction of pancreatic acinar cell tumors in rats, the
available data involving altered bile flow and increased
cholecystokinin suggests that this mode of action is also likely to be
non-relevant for humans. While less robust, research considering
comparative biology and mechanism of action of Leydig cell tumor
induction in rodents by a wide variety of chemical classes suggests
these tumors most likely have low relevance to humans.

q. DuPont’s GenX report ultimately concluded: “The test chemical belongs to a class
of compounds known as peroxisome proliferators (PPARα agonists) which are known to produce
liver, pancreatic, and testicular tumors in rats and liver tumors in mice.” However, faced with its
findings that GenX is carcinogenic, DuPont concluded, without any epidemiological study on
rodents impregnated with human proteins, that “these compounds have not been shown to be
carcinogenic in other species including humans. Based on the extensive research into the
comparative biology of peroxisome proliferator-induced hepatic carcinogenesis, the induction of

55
liver tumors in rodents by non-genotoxic peroxisome proliferators (this compound was shown to
be inactive in a battery of genotoxicity assays) is not considered relevant to humans.”
r. DuPont never tested for the synergetic impact of GenX and other PFASs.
s. DuPont wrongly dismissed all these results as not being relevant to human health.
DuPont claimed that the observed increase in cancer in rodents exposed to GenX was irrelevant
based on the single argument that the PPAR mode of action in rodents is irrelevant to human
cancers. But DuPont ignored the fact that the PPAR mode of action only applies to liver cancer
and not to pancreatic and testicular cancer. Moreover, it was DuPont who selected the rodents for
the cancer study, and DuPont ignored the fact that there are rodents with modified signaling that
are more conducive to determining the test’s applicability to humans. Scientific studies by
independent researchers have found carcinogenic impacts from PFOA exposure to these modified
rodents. DuPont also concluded that the high doses used in the rodent studies were not
representative of human exposures. This argument is not only scientifically untrue but defies
common sense for several reasons. First, all two-year cancer rodent studies follow the protocol
developed by the U.S. National Toxicology Program, which requires dosing rodents at elevated
dose. This requirement is necessary to increase the probability of detecting cancers in humans.
Further, humans in many instances are even more susceptible to cancer and other pathologies than
laboratory rodents. Moreover, it has been well-established that when exposures to carcinogens
occur during the early-life stage, critical exposure carries a much greater risk of developing cancer.
The EPA requires a factor of 10 to be applied to calculating risk for these early life exposures.
Finally, DuPont’s claim that rodent cancers only occur at high doses and are therefore irrelevant
to human exposures is absurd from a common-sense standpoint—the EPA required DuPont to
conduct the studies on rodents because they were relevant to determining health impacts of GenX

56
exposure to humans. Nevertheless, DuPont dismissed its toxicology results as not being relevant
to human health, and DuPont neglected to notify area residents, drinking water providers, or state
and local officials of the significant dangers posed by the polluted water supply.
t. In 2012, a series of studies further demonstrated the negative health impacts of
exposure to PFOA and perfluorooctanesulfonic acid (PFOS). Tests showed immunotoxic effects
in a variety of species and models. Additionally, the C8 Health Project, which was created as part
of the settlement of another lawsuit against DuPont, found a significant positive exposure-response
relationship between PFOA and kidney cancer.
u. A 2013 population-based case-control analysis supported the association between
PFOA exposure and both kidney and testicular cancer and suggested an association with prostate
and ovarian cancer and non-Hodgkin lymphoma.
v. Despite all of this scientific evidence that DuPont’s secret dumping of GenX into
the Cape Fear River posed serious health consequences for the hundreds of thousands of people
who depended on the river for their water supply, DuPont continued to conceal its actions and
failed to warn regulators or the public.
w. As noted above, DuPont developed GenX primarily because it was thought to be
more biodegradable than PFOAs, which had spawned extensive litigation. DuPont’s logic was that
GenX would pass through the body more quickly, and thus cause less damage than PFOAs.
x. According to DuPont’s own March 15, 2010 report, however, written pursuant to
its consent decree with the EPA, GenX is not inherently biodegradable. The purpose of this test
was to evaluate the inherent biodegradability of the test substance via a 28-day test. The test was
designed to meet the requirements of SEPA HJIT 153-2004, “the guidelines for the testing of
chemicals,” OECD Procedure 302C, “Inherent Biodegradability: Modified MITI Test (II),”

57
adopted May 1981. The report concluded that: “. . . Based on the residue analysis, the
biodegradation of the test substance was 0% and there was hardly any change for the test
substance in the ‘abiotic’ vessel during the testing period. The BOD results showed that
biodegradation of the test substance was both <1% after 14 and 28 days. The test was valid
because the level of biodegradation of the reference substance aniline exceeded 40% after 7 days,
and 65% after 14 days. Therefore, the test substance was not inherently biodegradable under this
test condition.” In other words, DuPont’s own test found that GenX was not biodegradable, that
is, it was not capable of being broken down (decomposed) rapidly by the action of microorganisms.
The implications for North Carolina residents—who depend on the Cape Fear River for their water
supply—was that their exposures would be long-lasting.
y. DuPont’s results were consistent with those of other researchers, which have found
that GenX is not only not biodegradable, but that it bonds with protein in the cells of living
organisms and adheres to sediment, scale and pipes, and then reenters the water supply. These
living cells include biofilms that cling to pipes and water heaters. Moreover, there is no method
that is known with any degree of certainty that will remove the biofilms from the water heaters
and plumbing in homes.
Furthermore, even though the EPA has determined that GenX causes liver and pancreatic
cancers in animals, no carcinogenic toxicity value (i.e., a cancer slope factor) has yet been
developed for GenX, let alone for the other 19 PFAS listed in Table 3+. Thus, most efforts to
derive toxicity values for the purpose of establishing safe exposure levels for soils, surface and
groundwater, tap water, air, and biota are limited to noncancer health effects, which by itself is a
source of great scientific uncertainty. The HH-SLEA should identify this data or information gap
and should explain why the issue of GenX-induced cancer was not included in its comments.

58
The issue of GenX-induced cancer will be of critical importance in the future because
epidemiology studies must focus on both noncancer systemic toxicity (i.e., organ damage) and
cancer when such studies are finally undertaken.
3. GenX Is Likely More Toxic Than PFOS and PFOA

Recent studies—which Chemours entirely omitted from the HH-SLEA and CAP—indicate
the toxicity of GenX has already been underestimated. For example, Gomis et al.87 compared the
toxic potency of long-chain perfluoroalkyl acids to the shorter-chain, second-generation
fluorinated compounds in 2018; based on the severity of liver pathology, she concluded that GenX
was even more toxic than the first-generation PFAS compounds it was designed to replace because
it was “thought” to be less toxic. She stated:
Dose-response curves of liver enlargement from sub-chronic oral
toxicity studies in male rats were converted to internal dose in serum
and in liver to examine the toxicity ranking of [PFAS] and
fluorinated alternatives. Converting administered doses into
equivalent serum and liver concentrations reduced the variability in
the dose-response curves for PFBA, PFHxA, PFOA and GenX. The
toxicity ranking using modeled serum (GenX > PFOA > PFHxA >
PFBA) and liver (GenX > PFOA≈PFHxA≈PFBA) concentrations
indicated that some fluorinated alternatives have similar or higher
toxic potency than their predecessors when correcting for
differences in toxicokinetics.88

The researchers concluded that “some fluorinated alternatives have similar or higher toxic
potency than their predecessors when correcting for differences in toxicokinetics.” Neither the
HH-SLEA nor the CAP, however, discuss toxicokinetic differences for any of the 20 PFAS
compounds, and Gomis’ analysis showing GenX is more toxic than PFOA means that the
current 140 ppt Health Advisory Level for GenX is far too high. The GenX level should be set

87 M. I. Gomis, R. Vestergren, D. Borg, and I. T. Cousins, Comparing the Toxic Potency in Vivo of Long-
Chain Perfluoroalkyl Acids and Fluorinated Alternatives, 113 Environ. Int. 1-9 (Jan. 2018).
88 Id.

59
even lower than the current safe drinking water levels that some states have developed for PFOA
of 10 to 15 ppt.
Because Chemours did not conduct a detailed toxicokinetic study, it inferred that
elimination of GenX from the body is rapid. However, Chemours’ analysis does not and cannot be
interpreted to mean that the recent blood sampling tests performed by the N.C. State University—
in which GenX was not detected in participants’ blood—should be interpreted to mean that the
exposed population does not have elevated levels of GenX in their bodies. It has now been well
established that PFAS compounds bioaccumulate in different organs and tissues in the body and
that this bioaccumulation essentially prevents PFAS from circulating in the blood. It is thus
possible to have an undetectable level of GenX based on blood tests because GenX has
bioaccumulated in different organs. Thus, while the blood levels for GenX may be low or
undetectable, there may be noncirculating GenX stored in organs bound to tissue.
Examples of this toxicokinetic phenomenon abound. A similar phenomenon was described
by Perez et al.,89 and their following illustration shows that different organs bioaccumulate
different types of PFAS; although blood levels for PFAS compounds like GenX may be low or
non-detectable, that in itself does not mean that the body burden is insignificant.

89 F. Pérez, et al., Accumulation of Perfluoroalkyl Substances in Human Tissues, 59 Environ. Int. 354-62
(2013).

60

Source: F. Pérez, et al., Accumulation of Perfluoroalkyl Substances in Human Tissues, 59 Environ.
Int. 354-62 (2013).

Finally, it is a fundamental toxicological principle that the absence of a detectable amount
of a toxin in blood samples does not mean there is no ongoing risk of health hazards. This is
because toxic compounds may simply trigger toxic effects: that is, once a toxin triggers disease,
continuous exposures to that toxin are not necessary for illness and disease to manifest. For
example, a heavy smoker may smoke for decades and quit; even though the person no longer
smokes (exposure stops), he or she can develop lung cancer. That is, lung cancer is triggered by
cigarette smoke, but cancer may develop even in the absence of ongoing exposure, as the latency
period between smoking and the onset of lung cancer is about 45 years. Thus, setting aside the
toxicokinetic principles discussed above, and even if blood levels of GenX do not show current
exposure, the toxicological damage may have already been triggered. Illness and disease can
progress even when exposure to GenX stops. It should also be emphasized that the HH-SLEA and

61
CAP do not calculate any risks associated with past historical exposures—which were very high
for GenX and related PFAS compounds—because Chemours uses current PFAS levels to predict
the future risks. This vastly understates the risk associated with past exposures to PFAS, which
occurred at a time when Chemours was dumping directly into the Cape Fear River, emitting to the
air and spilling to ground.
4. Chemours Failed to Follow EPA Standards for Deriving
Toxicity Values for GenX and Other PFAS.

Chemours did not follow, let alone cite or reference, EPA or North Carolina guidance that
toxicity values must be derived from primary peer-reviewed toxicity studies. For GenX, Chemours
made no attempt to verify toxicity values and instead used draft preliminary noncancer RfD levels
developed by the EPA and DHHS, which were based on DuPont’s 2009-2010 toxicity study
submissions provided to the EPA pursuant to the TSCA premanufacture notice procedure, often
referred to as “8(e).” Despite the fact that many toxicology studies have been published in the
past decade, Chemours did not conduct a literature review to identify any of these subsequent
studies; these studies might have resulted in a different RfD for one or more of the 20 PFAS
compounds identified by Chemours in its Appendix F, Table 1 shown below.

62

Source: CAP, App. F, Table 1. Note that there is an error in this table: PFHpA is listed in the CO
but was omitted from the table.

Further, by not conducting toxicological analyses of the 19 PFAS compounds listed in
Table 3+, Chemours is simply assuming—with no basis for doing so, and contrary to the body of
available evidence—they are not toxic at any concentration. The sole purpose of a quantitative
risk assessment is to establish the concentration or dose at which contaminants are toxic and then
determine whether the site-related dose exceeds the toxicity value.
Chemours’ false and completely baseless assumption—that the 19 PFAS compounds listed
in Table 3+ do not produce toxic effects at any dose—is deeply troubling from a practical
standpoint. Although many risk assessments are conducted based on a hypothetical assumption
that people could be exposed to contaminants, it is a fact that thousands of North Carolina residents

63
and DRCs have been exposed to the 19 PFAS compounds listed in Table 3+, likely for many years
and at doses much higher than the present levels that Chemours relies on for its exposure
assessment. The associated health risks from this known exposure are therefore not hypothetical
but rather are an established fact.
Chemours’ failure to follow basic EPA or North Carolina risk assessment guidance is both
inexplicable and indicative of the HH-SLEA’s inadequacy. In both the HH-SLEA and the CAP,
Chemours makes no mention of EPA or North Carolina risk assessment guidance that must be
followed to properly derive toxicity values for the 19 PFAS compounds listed in Table 3+. This
omission is untenable. The HH-SLEA and CAP do not cite this EPA directive, nor does Chemours
cite the detailed and more recent guidance developed by the EPA to guide the derivation of a
toxicity value.90
Chemours also fails to discuss, follow, or cite the more than 10 EPA guidance documents
that have since been issued which present in great detail how primary peer-reviewed studies should
be evaluated, together with the protocols and methods for extrapolating toxicity data from animal
studies to characterize human toxicity. Toxicity values form the basis of not only human health
risk assessments but drinking water standards and advisories. Without toxicity values, neither
assessment can be completed.
The HH-SLEA and CAP do not discuss why Chemours deviated from the hierarchal
procedures required by the EPA in the OSWER Directive 9285.7-Memorandum to derive toxicity
values. Chemours does not explain why it did not contact the Office of Research and
Development/National Center for Environmental Assessment/Superfund Health Risk Technical
Support Center (STSC)—which is responsible for assisting the scientific community in developing

90 Tier 3 Toxicity Value White Paper, Regional Tier 3 Toxicity Value Workgroup, OSWER Human Health
Regional Risk Assessors Forum, U.S. EPA (May 16, 2013), https://semspub.epa.gov/work/HQ/163525.pdf.

64
provisional toxicity values—to request technical assistance in developing provisional toxicity
values. Nor did Chemours discuss whether it conducted a review of other available Tier 3 sources
of toxicity information as required by EPA guidance. Rather, Chemours is waiting for others in
the scientific community to develop toxicity values for chemical products that Chemours itself
produced and profited from. Chemours’ “wait and see” approach is a prime example of its
corporate irresponsibility and, more importantly, has resulted in an incomplete risk assessment.
5. The HH-SLEA Underestimates the Toxicity and Human Health
Risks for GenX.

Despite Chemours’ failure to conduct toxicity testing for the 19 PFAS compounds, it did
conduct toxicity studies on GenX. But these toxicity and human health risk assessments are flawed
and starkly underestimate the actual risk to human health of exposure to GenX.
As shown below in CAP Appendix F, Table 4 (highlighted cells), the values were based
on three sources of GenX animal toxicity data compiled by the EPA,91 DEQ/DHHS,92 and
Thompson et al.93 These include the following RfDs: EPA draft RfDo = 0.00008 mg/kg-day;
DHHS RfDo = 0.00010 mg/kg-day; and Thompson, et al. RfDo = 0.01000 mg/kg-day:

91 Human Health Toxicity Values for Hexafluoropropylene Oxide (HFPO) Dimer Acid and Its Ammonium
Salt (CASRN 13252-13-6 and CASRN 62037-80-3) Also Known as ‘GenX Chemicals’, EPA-823-P-18-001
Public Comment Draft at 47, U.S. EPA (Nov. 2018), https://www.epa.gov/sites/production/files/2018-
11/documents/genx_public_comment_draft_toxicity_assessment_nov2018-508.pdf.
92 Secretaries’ Science Advisory Board Review of the North Carolina Drinking Water Provisional Health
Goal for GenX, N.C. DEQ/DHHS (2018).
93 C. M. Thompson, S. E. Fitch, C. Ring, W. Rish, J. M. Cullen, and L. C. Haws, Development of an Oral
Reference Dose for the Perfluorinated Compound GenX, 39 J. Appl. Toxicol. 9, at 1267-82 (2019).

65

Source: CAP at App. F, Table 4.
The toxicity values derived by the EPA and DEQ/DHHS are largely based on the toxicity
data presented in the documents Chemours submitted in the TSCA Section 8(e) consent order.
These studies are both old and limited in scope, and the EPA concluded that:
Data from these available studies indicate that the liver is the most
sensitive target of GenX chemicals toxicity. Liver effects were
observed in both male and female mice and rats at varying durations
of exposures and doses. These effects occurred at the lowest doses
of exposure to GenX chemicals.94

Likewise, DHHS also primarily relied on the decade-old Chemours studies and concluded that the
liver was the most sensitive organ and determined where liver pathology (hepatotoxicity) occurred
at the lowest dose.

94 Human Health Toxicity Values for Hexafluoropropylene Oxide (HFPO) Dimer Acid and Its Ammonium
Salt (CASRN 13252-13-6 and CASRN 62037-80-3) Also Known as ‘GenX Chemicals’, EPA-823-P-18-001
Public Comment Draft at 47, U.S. EPA (Nov. 2018), https://www.epa.gov/sites/production/files/2018-
11/documents/genx_public_comment_draft_toxicity_assessment_nov2018-508.pdf.
USEPA Draft
RfDo =
8.00E-05
NC DHHS
RfDo =
1.00E-04
Thompson et al.
RfDo =
1.00E-02
USEPA
Draft
RfDo =
8.00E-05
NC DHHS
RfDo =
1.00E-04
Thompson
et al.
RfDo =
1.00E-02EU12.5 km, Northeast 8.00E-05 7.00E-06 1 0.8 0.008 0.08 0.07 0.0007
EU2 2.5 km, Southeast 6.00E-05 5.00E-07 0.7 0.6 0.006 0.006 0.005 0.00005
EU3 2.5 km, Southwest 3.00E-05 1.00E-06 0.4 0.3 0.003 0.02 0.01 0.0001
EU4 2.5 km, Northwest 1.00E-05 5.00E-07 0.1 0.1 0.001 0.006 0.005 0.00005
EU5 5 km, Northeast 2.00E-05 5.00E-07 0.3 0.2 0.002 0.006 0.005 0.00005
EU6 5 km, Southeast 9.00E-06 5.00E-07 0.1 0.09 0.0009 0.006 0.005 0.00005
EU7 5 km, Southwest 2.00E-05 5.00E-07 0.2 0.2 0.002 0.006 0.005 0.00005
EU8 5 km, Northwest 5.00E-06 5.00E-07 0.06 0.05 0.0005 0.006 0.005 0.00005
EU9 10 km, Northeast 5.00E-06 5.00E-07 0.07 0.05 0.0005 0.006 0.005 0.00005
EU10 10 km, Southeast 1.00E-06 5.00E-07 0.01 0.01 0.0001 0.006 0.005 0.00005
EU11 10 km, Southwest 2.00E-06 5.00E-07 0.03 0.02 0.0002 0.006 0.005 0.00005
EU12 10 km, Northwest 1.00E-06 5.00E-07 0.01 0.01 0.0001 0.006 0.005 0.00005
EU13 CFR, 10 mi. Upstream 5.00E-09 n/a 0.00006 0.00005 0.0000005 n/a n/a n/a
EU14 CFR, Site-Adjacent 3.00E-08 n/a 0.0004 0.0003 0.000003 n/a n/a n/a
EU15 CFR, 4 mi. Downstream ND n/a ND ND ND n/a n/a n/a
EU16 CFR, Bladen Bluffs 1.00E-05 n/a 0.2 0.1 0.001 n/a n/a n/a
EU17 CFR, Kings Bluffs 2.00E-08 n/a 0.0002 0.0002 0.000002 n/a n/a n/a
EU18 Onsite Pond 1 8.00E-07 n/a 0.01 0.008 0.00008 n/a n/a n/a
EU19 Offsite Pond B 3.00E-07 n/a 0.004 0.003 0.00003 n/a n/a n/a
EU16 (Intake Point)CFR, Bladen Bluffs 2.00E-05 n/a 0.2 0.2 0.002 n/a n/a n/a
EU17 (Intake Point)CFR, Kings Bluffs 9.00E-07 n/a 0.01 0.009 0.00009 n/a n/a n/a
Offsite Child
Gardener
(Age 0-6)
Offsite Child
Recreationalist
(Age 0-6)
Offsite Child
Resident
(Age 0-6)
HFPO-DA Intake (mg/kg-day) [2]HFPO-DA Hazard
Exposure
Unit (EU)
EU Description Receptor [1]Untreated Well
Water
(RME EPC)
Current
Conditions
(10 ng/L)
Untreated Well Water (RME EPC) [3,5]Current Conditions (10 ng/L)

66

Source: Secretaries’ Science Advisory Board Review of the North Carolina Drinking Water
Provisional Health Goal for GenX – Final, DEQ/DHHS (Oct. 30, 2018).

EPA has noted that there were significant deficiencies in the toxic endpoints that Chemours
studied. Most importantly, Chemours did not evaluate immunotoxicity, particularly with regard
to antibody response. In identifying this deficiency, the EPA noted that although gross
(nonspecific) hematological damage was investigated, specific immunotoxicity involving
antibody production in response to an antibody challenge was not evaluated:
[I]mmune and hematological effects were also observed at low
doses; however, these endpoints are not as consistently observed
compared to liver effects… Evaluation of additional immune
function assays, histopathology, and immune endpoints such as
antibody levels are not available. The combined dataset was found
to be weak as it did not include sufficient measures of
immunopathology, humoral immunity, cell-mediated immunity,
nonspecific immunity, or host resistance. Data on the potential for
these GenX chemicals to impact aspects of immune function beyond
immunosuppression are lacking. Additional studies, therefore,

67
would be useful to support a more conclusive determination of
immunotoxic potential. (emphasis added)95

Rectifying this gap in knowledge is critical and underscores the need for further analysis
of GenX’s immunotoxicity to ensure adequate protection of human health from the effects of
GenX exposure.
The absence of this information—and its failure to be incorporated into the risk assessment
for GenX—follows the historical pattern that DuPont followed in the case of C8. Like GenX, early
studies of C8 appeared to indicate that the most sensitive toxic effect identified in PFOA studies
was liver damage. Because there were no immunotoxicity studies available for C8 to assess this
important toxicological endpoint, however, the C8 toxicity values were based on limited studies
in which only liver pathology was identified. Since those early incomplete studies, immunotoxicity
has been shown to have a significant impact, especially in children – particularly their ability to
effectively immunize against disease.
North Carolina experts like Dr. DeWitt (East Carolina University) concur that
immunotoxic effects are the most sensitive toxic endpoints for deriving toxicity values for PFOA
or PFOS, which suggests that the immunotoxic effects of GenX must be considered when deriving
its toxicity value. Dr. DeWitt recently delivered a December 2, 2019 presentation to the North
Carolina Secretaries’ Science Advisory Board entitled, Immunotoxicological Findings of PFAS: A
Focus on PFOA and PFOS. The graph below from one of her studies shows that there is a striking
decrease in the circulating antibody blood levels with increasing PFOA dose, which means that
there is a reduction in the ability of humans to effectively immunize against disease.

95 Human Health Toxicity Values for Hexafluoropropylene Oxide (HFPO) Dimer Acid and Its Ammonium
Salt (CASRN 13252-13-6 and CASRN 62037-80-3) Also Known as ‘GenX Chemicals’, EPA-823-P-18-001
Public Comment Draft at 47, U.S. EPA (Nov. 2018), https://www.epa.gov/sites/production/files/2018-
11/documents/genx_public_comment_draft_toxicity_assessment_nov2018-508.pdf.

68

Source: J. C. DeWitt, C. B. Copeland, M. J. Strynar, and R. W. Luebke, Perfluorooctanoic Acid-
Induced Immunomodulation in Adult C57BL/6J or C57BL/6N Female Mice, 116 Environ. Health
Perspect. 5, at 644-50 (May 2008).

Just as DuPont did with C8, Chemours in its HH-SLEA relies on deficient and incomplete
toxicological databases in conducting its risk assessments—a practice that is unacceptable in light
of the established health risks from exposure to similar PFAS. In a recent publication, Grandjean
characterizes the problems with relying on deficient and incomplete toxicological databases for
risk assessments. Even though Chemours has produced a wide range of PFAS compounds for 60
years—including the 20 PFAS listed in Table 3+ at issue here—Chemours has done little to
conduct the type of toxicity studies needed to assess their risks and protect human health:
Identification and characterization of environmental hazards that
impact human health must rely on the best possible science to
inform and inspire appropriate public health intervention. The
perfluorinated alkylate substances (PFASs) are persistent emerging
pollutants that are now being recognized as important human health
hazards. Although the PFASs have been produced for over 60 years,
academic research on environmental health aspects has appeared
only in the most recent 10 years or so. . . .

Some early studies, e.g., on population exposures and toxicity, were
not released to the public until after year 2000. Still, the first PFAS
risk assessments ignored these reports and relied on scant journal
publications. The first guidelines and legal limits for PFAS
exposure, e.g., from drinking water, were proposed 10 years ago.

69
They have decreased substantially since then, but remain higher than
suggested by data on human adverse effects, especially on the
immune system, that occur at background exposure levels. . . .

By now, the best-known PFASs are being phased out, and related
PFASs are being introduced as substitutes. Given the substantial
delays in discovery of PFAS toxicity, in dissemination of findings,
and in regulatory decisions, PFAS substitutes and other persistent
industrial chemicals should be subjected to prior scrutiny before
widespread usage.96

6. The HH-SLEA’s Conceptual Exposure Model Ignores Key
Exposure Pathways and Manipulates Inputs to Artificially
Minimize Risk.

In addition to the analytical flaws in Chemours’ toxicology assessments, Chemours also
underestimates exposure risks by ignoring—or purposefully omitting—key exposure pathways.
Specifically, in preparing the HH-SLEA, Chemours prepared a “Conceptual Exposure Model
[“CEM”] for Human Exposure to PFAS Historically Deposited Offsite.”97 The CEM purportedly
identifies a complete set of exposure pathways by which human receptors could come into contact
with PFAS in environmental media offsite. But the CEM limits the scope of these pathways to
only those receptors that are within 10 kilometers (6.2 miles) of Fayetteville Works (i.e., EU 1 to
12), or at specific locations along the Cape Fear River (EU 13 to EU 19). The CEM thus excludes
DRCs that consume tap water supplied to them by local water utilities whose treated water exceeds
the CO’s 10/70 Action Levels. Risks to these other receptors must be considered.
In the HH-SLEA, Chemours also mathematically attenuated the actual concentration of
GenX present in the drinking water from individual wells near Fayetteville Works by using
aggregation. Chemours accomplishes this by first grouping individual wells into arbitrarily

96 P. Grandjean, Delayed Discovery, Dissemination, and Decisions on Intervention in Environmental
Health: a Case Study on Immunotoxicity of Perfluorinated Alkylate Substances, 17 Environ. Health 62
(2018) (emphasis added).
97 CAP at App. F, Section 3 - Conceptual Exposure Model, at 10 et seq., and App. F, Figure 2.

70
assigned EU, which ranged in size from 0.48 to 5.2 square miles.98 Once the numerous wells were
grouped into these large EUs, either the average PFAS concentration or an upper-bound estimate
of the PFAS concentration was calculated. These two calculations, whose results were
incorporated into subsequent risk estimates by Chemours, artificially diminished the elevated
PFAS concentrations detected in many of the well samples. These aggregated and mathematically
attenuated GenX results were used by Chemours to estimate non-cancer risks to older children and
adults drinking this contaminated well water. For example, Chemours’ EU 1, located northeast of
Fayetteville Works, included 24 sample results from 22 different wells.99 Samples of drinking
water from 17 of the 22 (77 percent) different wells in EU 1 contained GenX at a concentration
above the DEQ/DHHS Health Advisory Level (“HAL”) of 140 ng/L. In addition, the HH-SLEA
only estimates risks from exposure to GenX. In EU 1, for example, eight other PFAS listed in the
CO were detected in well samples, but they are not included in Chemours’ risk estimates. The
highest concentration of these other Attachment C PFAS was 4,400 ppt. All of these eight
residences contained other (non GenX) individual PFAS above the 10/70 Action Levels.
By not considering these other (non GenX) PFAS, the HH-SLEA underestimates the risk
to those drinking contaminated water. Chemours should not group individual wells into arbitrary
EUs and then aggregate the GenX concentrations before estimating risks to the residences. Rather,
they should estimate risks (and the applicability of the 10/70 Action Levels in the CO) from
drinking water from each individual well.
Chemours also failed to consider important exposure routes accounted for in the State’s
140 ppt HAL. Specifically, the HAL incorporates a relative source contribution factor for PFAS

98 CAP at App. F, Section 4 and Figure 3.
99 CAP at App. F, Table F-3-2.

71
exposure via drinking water.100 This means that 20 percent of a receptor’s PFAS exposure is from
drinking contaminated water and the other 80 percent is from air and food. However, Chemours
did not consider these other exposure routes.101 Instead, Chemours assumes that the only source
of PFAS is from drinking water, thus excluding the risk of exposure from air and food. By not
considering the ongoing and background exposure to PFAS in air and food, Chemours
substantially underestimates the risk contribution to receptors from Fayetteville Works-related
PFAS.
B. Chemours Must Provide RO Systems Until an Adequate Risk
Assessment Is Prepared, and Must Conduct Additional
Epidemiological and Toxicity Testing.

Chemours is currently far short of fulfilling its obligations under Paragraph 14 of the CO.
As a result, the population of exposed residents continues to be exposed to PFAS contamination
without the underlying data necessary to ensure human health and safety. Because adequate
toxicity and risk assessments are unlikely to be completed for many years, DEQ should require
Chemours to install RO systems and purchase bottled water for DRCs until Chemours’ Paragraph
14 obligations are satisfied.
Paragraph 14 grants DEQ “the right to seek additional toxicity studies or additional health,
chemical persistence and environmental fate information beyond the scope of the initial set of
studies required by this paragraph. DEQ shall consider public comments in determining what
additional toxicity studies or additional health, chemical persistence and environmental fate
information are needed.” Chemours’ own studies have found significant instances of a variety of
carcinogenic and non-carcinogenic impacts from GenX, and numerous epidemiological studies

100 Methodology for Deriving Ambient Water Quality Criteria for Protection of Human Health, U.S. EPA
Office of Water (Oct. 2000).
101 There is no Relative Source Contribution factor incorporated into Chemours’ equations to calculate the
intake of drinking water. See CAP at App. F, Table F-2-1.

72
have been conducted in large communities where DuPont has manufactured PFAS compounds,
contaminating regional air and public and private drinking water.
Paragraph 14 of the CO requires Chemours to conduct toxicology studies of the chemicals
listed in Attachment B of the CO. Such studies should also be expanded to include epidemiological
studies. To ensure transparency and reliability, the studies should be conducted under the auspices
of a truly independent science panel of neutral experts, similar to the process used in connection
with DuPont’s contamination of the Ohio River Valley area surrounding its Washington Works
plant with C8. In addition, Chemours should also be required to conduct toxicological and
epidemiological studies on all chemicals listed in Attachment C of the CO.
C. Parallels Between the Health Studies for C8 (i.e., PFOA) Conducted for
DuPont’s Washington Works plant in West Virginia and the Present
Investigation Now Being Conducted for the Chemours Fayetteville
Works plant.

There are important parallels between the early health studies for C8 conducted for
DuPont’s Washington Works plant in West Virginia and the present investigation now being
conducted for the Chemours Fayetteville Works plant. The lessons that were learned in the
Washington Works investigation should be addressed by the current HH-SLEA and the CAP or at
least identified as areas of uncertainty. By ignoring those earlier extensive and robust animal and
epidemiology studies, it appears that the mistakes DuPont made in the Washington Works
investigations are being repeated in the current HH-SLEA. Lessons learned from the C8
investigation should be applied in assessing the risk of second generation PFAS like GenX and the
Attachment C PFAS. Specifically, in the case of C8, early past studies that relied solely on animal
studies significantly underestimated the risks to human health, particularly for those exposed to
PFAS-contaminated drinking water. Indeed, past PFAS health studies that relied solely on animal
studies were disastrous because numerous illnesses and diseases that went completely undetected

73
in animals produced a high incidence of disease (including cancer) in the human cohort that was
actually exposed (for decades) to PFAS. Chemours in its HH-SLEA fails to learn from these past
lessons, which have been heeded by most toxicologists and health professionals, and continues to
rely solely on animal studies that are incomplete or nonexistent (i.e., they have not yet been
performed).
Like the present CAP, which presents the early screening stages of investigations into the
health risks posed by PFAS based on incomplete animal toxicity studies, the early DuPont
Washington Works studies (which focused on PFOA toxicity and threats to human health) made
similar conclusions.
This conclusion was ultimately rejected by one of the largest epidemiological studies of all
time. As noted above in Section II, the C8 Science Panel emerged as a result of DuPont’s
settlement with a class of plaintiffs in the Leach action. Leach v. E. I. du Pont de Nemours & Co.,
No. 01-C-698 (Wood County W. Va. Cir. Ct.). The three epidemiologists appointed to the C8
Science Panel studied the toxicity of C8 to characterize human exposure risks for actual residents,
and found a “probable link” between human illness and exposure to C8 (at a dose of 50 parts per
trillion (ppt) or nanograms per liter (ng/L) over the course of one year) for the following diseases
among exposed residents:
• High cholesterol;
• Ulcerative colitis;
• Thyroid disease;
• Testicular cancer;
• Kidney cancer; and

74
• Pregnancy-induced hypertension.102
The C8 Science Panel’s findings made crystal clear that the animal studies DuPont relied on in the
Washington Works studies vastly underestimated the health threat to humans of exposure to even
small quantities of PFAS. Indeed, many of the toxic effects, illness, and disease that were
ultimately characterized in the human cohort exposed to PFOA at Washington Works were never
even identified in the animal studies DuPont relied on in its earlier health assessments.
With each passing year, the field of toxicology concludes that more and more PFAS are
far more toxic than previously thought. For example, the following graph shows how the
“assumed” safe level of PFAS in drinking water has dropped precipitously over the past decade,
which parallels the advancement of toxicological research. It shows that the “health-protective”
exposure levels deemed safe by the EPA for PFOA and PFOS in drinking water in 2009 decreased
from 400 and 200 ppt, respectively, to 70 ppt in 2016.

102 See C8 Probable Link Reports, C8 Science Panel, http://www.c8sciencepanel.org/prob_link.html (last
visited Feb. 21, 2020).

75
Source: P. Grandjean and E. Budtz-Jorgensen, Immunotoxicity of Perfluorinated Alkylates:
Calculation of Benchmark Doses Based on Serum Concentration in Children, 12 Environ. Health
35 (2013).

Moreover, even the EPA’s four-year-old level of 70 ppt (for the combined levels of PFOA
and PFOS) has now been shown to significantly underestimate the health threat of these PFAS.
Many states are urgently taking swift action to protect their citizens by setting acceptable levels
far below 70 ppt. Indeed, many are setting permissible levels of PFOA and PFOS at parts-per-
trillion levels in the low teens.
Because the current state-of-the-science toxicological database for GenX is in its infancy,
the toxicity values used in the HH-SLEA to calculate risks are highly uncertain and likely under-
protective; most certainly, future studies will show our current knowledge is very limited.
Therefore, the CAP and the HH-SLEA must include a commitment by Chemours to continue to
update its risk assessment as new toxicity and epidemiological information becomes available.
It is likely that these PFAS will be shown to produce similar toxic effects as listed above
when such studies become available. This assumption is based on the physical/chemical structural
similarities of all PFAS compounds, which toxicologists rely on to determine or predict whether
similar toxic effects will occur. For example, the NRDC states:
However, issues related to the entire PFAS class, which has now
grown to an estimated 4,700 chemicals, have been of increasing
concern for researchers and health authorities. Although there is not
a robust toxicity database for the suite of PFAS, it is generally
recognized that these chemicals are structurally similar, and it is
reported that the health risks associated with one PFAS are
expected for other PFAS as well.103

103 A. Reade, T. Quinn, and J. S. Schreiber, PFAS in Drinking Water 2019: Scientific and Policy Assessment
for Addressing Per-and Polyfluoroalkyl Substances (PFAS) in Drinking Water at 9, Natural Resources
Defense Council (Apr. 12, 2019), https://www.nrdc.org/sites/default/files/media-uploads/
nrdc_pfas_report.pdf.

76
VI. Providing the DRCs with the Same Level of Protection Afforded to Residents
Drinking Well Water Near Fayetteville Works Is the Only Means for
Protecting Human Health

Providing the DRCs with the same level of protection afforded to residents drinking well
water near Fayetteville Works is the only means of protecting human health. As stated in the CAP,
“Untreated well water was identified as the primary source of potential PFAS intake and
hazard.”104 When the HH-SLEA accounts for the effectiveness of the Chemours-provided drinking
water treatment systems that are currently in place, PFAS intake via drinking water and associated
hazards are substantially reduced and may be as low as zero.”105 But the HH-SLEA fails to
recognize the same risks posed to the DRCs. The same approach should be taken with respect to
DRCs, who should also be provided with point-of-use treatment. Chemours’ studies indicate “that
supplying whole building filtration systems and reverse osmosis units for qualifying residents
offsite reduces HFPO-DA (and Table 3+ PFAS) intake by over 92%, ensuring human receptor
exposures remain below hazard limits for HFPO-DA, based on the NC DHHS draft RfDo.”106
There is no reason why the DRCs should not be provided with the same level of protection afforded
to residents drinking well water near Fayetteville Works.
A. RO Is the Only Reliably Effective Point-of-Use PFAS Exposure
Reduction Method.

A recent study107 evaluated the effectiveness of point-of-use (POU) (i.e., at the drinking
water tap) in removing a suite of three perfluoroalkyl sulfonic acids, seven perfluoroalkyl
carboxylic acids, and six per- and polyfluoroalkyl ether acids in homes in central and southeastern

104 CAP at 35.
105 CAP at 35.
106 CAP at xv.
107 Herkert, N.J., et al., Assessing the Effectiveness of Point-of-Use Residential Drinking Water Filters for
Perfluoroalkyl Substances (PFASs), 2020 Environ. Sci. and Technol. Lett.,
https://dx.doi.org/10.1021/acs.estlett.0c00004.

77
North Carolina. POU filtration systems included countertop and pitcher filters, faucet-mounted
filters, activated carbon block refrigerator filters, activated carbon block under-sink filters, under-
sink dual-stage filters, and under-sink RO filters. The study found that “PFASs are difficult to
remove in full-scale water treatment systems because of their physicochemical properties.” But it
also found that the under-sink dual-stage and RO filters tested showed near complete removal of
all PFASs evaluated. In contrast, it found that all other filters containing activated carbon exhibited
variable PFAS removal. In these filters, PFAS removal efficiency was dependent on chain length,
with long-chain PFASs (∼60-70% removal) being more efficiently removed than short-chain
PFASs (∼40% removal). A few whole-house activated carbon POE systems (n = 8) were also
evaluated; however, results were variable, and in some cases (four of eight systems), increased
PFAS levels were observed in the filtered water.
RO is superior to these POU and POE methods, and is the only reliably effective method
to protect DRCs.
CONCLUSION
For the forgoing reasons, Plaintiffs respectfully request that DEQ compel Chemours to pay
for the acquisition, installation, operation and maintenance of three under-sink RO systems for
each residence in the municipal water supply districts and the past and future costs of bottled water
pending the installation of such systems.
Appendix A - Summary of PFAS Detected in Water Heater and Tap Water Sampling near
Wilmington, NC.

Appendix A
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilmington, NC. units = ng/LProperty: A A A A B B BSmpl ID: WAMP WAMP WAMP WAMP SAND SAND SANDLocation: Tap‐F Tap‐S Heat‐B Heat‐T Heat‐B.a Heat‐B.b Heat‐T.cWtr. Source: Municipal Municipal Municipal Municipal Municipal Municipal MunicipalCity: Calabash Calabash Calabash Calabash Hampstead Hampstead Hampstead Chemical County: Bruns. Bruns. Bruns. Bruns. Pend. Pend. Pend. Formula Smpl Date: 8/29/19 8/29/19 8/29/19 8/29/19 3/13/19 3/13/19 3/13/19 C3HF5O329.4 30.3 30.0 37.1 33.1 35.8 36.3PMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1 C4HF7O38.15 8.9911.4 13.56.71 6.31 8.82 C4HF7O422.4 25.4 21.2 30.44.18 3.75 4.90PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5C5HF9O39.3611.9 12.0 18.1ND ND2.13 C5HF9O5 6.9710.67.33 7.97 5.09 5.21 5.61C6HF11O6 3.47 2.92 2.77 2.53ND ND NDC7HF13O5SND ND ND ND ND ND ND C7H2F14O5S 2.11 2.17 1.53 1.98ND ND NDC7HF13O3ND ND ND ND ND ND NDC7HF13O7 1.55 1.92 1.45 1.50ND ND ND C7HF13O219.4 27.1 20.9 24.72.22 2.04 2.46 C6HF11O319.8 26.3 22.1 25.85.95 5.34 6.75Attachement C Total (Exceeds 70 ppt):123 148 131 164 57 58 67Notes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outside spigot/tap, Out‐F = First‐flush from outside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap water sample.Hexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEPA) Method 537 and samples collected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL Laboratories, LLC (Charleston, SC). Wtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAC:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 1 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpABC CCCCCDDSAND ERGE ERGE ERGE ERGE ERGE ERGE HAMP HAMPHeat‐T.d Heat‐B Heat‐T Heat‐B.a Heat‐B.b Heat‐T.c Heat‐T.d Heat‐B.a Heat‐B.bMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipal MunicipalHampstead Leland Leland Leland Leland Leland Leland Leland LelandPend. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns.3/13/19 6/21/18 6/21/18 3/12/19 3/12/19 3/12/19 3/12/19 3/12/19 3/12/1939.0 21.5 13.75.87X5.75X8.22X5.21X9.52X9.70X9.58ND ND16.7X7.01X6.03X6.27X8.76X8.42X4.5717.18.89 6.44X6.47X6.52X5.89X7.71X7.87X3.80ND ND NDUXNDUXNDUXNDUX2.85JXNDUX6.0514.16.61 2.35JX2.1JX1.36JX1.81JX2.25JX2.81JXND4.98 2.57NDUXNDUXNDUNDUXNDUXNDUXND2023.37NDUXNDUXNDUXNDUXNDUXNDUXND8.40ND NDUXNDUXNDUXNDUXNDUXNDUXND ND ND NDUXNDUXNDUXNDUXNDUXNDUXND7.89ND NDUXNDUXNDUXNDUXNDUXNDUX2.6416.8 18.11.79J1.62J1.92 1.96 2.54 1.99J6.8415.3 16.78.70 8.79 7.71 7.7110.1 10.072 308                70                 42               32             32              29               44            41            C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 2 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpADDDDDDEEHAMP HAMP HAMP HAMP HAMP HAMP LEE LEEHeat‐B.a/Dup_cHeat‐B.b/Dup_dHeat‐T.e Heat‐T.fHeat‐T.e/Dup_gHeat‐T.f/Dup_hTap‐F Tap‐SMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipalLeland Leland Leland Leland Leland Leland Leland LelandBruns. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns.3/12/19 3/12/19 3/12/19 3/12/19 3/12/19 3/12/19 10/24/19 10/24/199.90X9.38X8.16X9.54X6.68X8.6653.1 56.68.15X8.42X7.38X7.67X7.04X7.7114.1 16.68.64X7.96X6.83X7.14X3.91X6.5645.3 44.8NDUXNDUXNDUXNDUXNDUXND12.0 12.43.24JX2.59JX2.35JX1.99JX2.33JX1.7215.4 18.0NDUXNDUXNDUXNDUXNDUXND6.06 5.70NDUXNDUXNDUXNDUXNDUXND2.41 2.23NDUXNDUXNDUXNDUXNDUXND3.07 2.95NDUXNDUXNDUXNDUXNDUXNDND NDNDUXNDUXNDUXNDUXNDUXND2.7 2.741.70J1.63J1.78 2.25 1.87 1.5230.2 30.19.5610.18.67 8.90 8.50 8.2547.8 46.441                         40                          35            37             30                         34                       232 239C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 3 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAE E EFFFFGGLEE LEE LEE FOUR FOUR FOUR FOUR SELL SELLHeat‐BHeat‐B/Dup_2Heat‐T Tap‐F Tap‐S Heat‐B Heat‐T Tap‐F Tap‐SMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipal MunicipalLeland Leland Leland Oak Is. Oak Is. Oak Is. Oak Is. Oak Is. Oak Is.Bruns. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns.10/24/19 10/24/19 10/24/19 10/24/19 10/24/19 10/24/19 10/24/19 10/24/19 10/24/1936.7 42.9 53.8 32.3 43.6 27.89.7576.5 73.417.2 20.5 23.7ND8.3111.24.1118.6 15.035.4 43.3 51.1 24.0 33.3 26.8 10.3 57.1 61.54.96 5.56 6.64 7.1 8.0ND ND13.4 13.311.3 12.3 15.19.1413.89.39 3.8521.1 20.63.93 3.46 4.05 3.39 4.23 2.37 1.4 7.03 8.06ND ND1.40ND1.47ND ND1.94 2.001.57 1.68 2.03 2.49 2.74ND ND5.02 4.67ND ND ND ND ND ND ND ND ND1.19 1.54 2.75ND2.3ND ND3.88 3.2319.6 23.2 26.0 14.6 21.3 13.45.4936.1 37.426.5 30.9 37.1 21.5 32.2 187.6952.4 54.2158 185 224 115 171 10943293 293C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 4 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAGGHHHH I I ISELL SELL WATE WATE WATE WATE GOOS GOOS GOOSHeat‐B Heat‐T Tap‐F Tap‐S Heat‐B Heat‐T Tap‐F Tap‐S Heat‐BMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipal MunicipalOak Is. Oak Is. Ocean Isle Ocean Isle Ocean Isle Ocean Isle Riegelwood Riegelwood RiegelwoodBruns. Bruns. Bruns. Bruns. Bruns. Bruns. Colum. Colum. Colum.10/24/19 10/24/19 8/29/19 8/29/19 8/29/19 8/29/19 10/24/19 10/24/19 10/24/1917.6 14.429.7 29.1 35.2 30.359.3 63.5 52.45.01 5.527.00 6.19 7.56 6.8422.7 19.1 22.616.9 13.624.1 23.2 27.9 26.347.0 51.8 50.0ND ND11.6 13.44.69 3.3511.4 11.03.945.13 4.378.99 9.21 9.01 8.1916.9 18.2 15.22.00 1.284.09 4.07 4.06 3.015.89 5.89 5.41ND NDND ND ND ND1.82 1.51NDND ND1.99 1.79 1.69 1.913.39 3.85 3.02ND NDND ND ND NDND ND NDND NDND2.03 1.42 1.772.60 2.34 2.838.51 8.8318.5 17.0 16.8 17.731.2 31.4 24.39.0211.320.9 21.6 20.7 20.341.2 44.5 33.664 59127 128 129 120 243 253 213C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 5 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAI JJJJKKKKGOOS ODEL ODEL ODEL ODEL RIVE RIVE RIVE RIVEHeat‐T Tap‐F Tap‐S Heat‐B Heat‐T Tap‐F Tap‐S Heat‐B Heat‐TMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipal MunicipalRiegelwood Shalotte Shalotte Shalotte Shalotte Shalotte Shalotte Shalotte ShalotteColum. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns. Bruns.10/24/19 10/24/19 10/24/19 10/24/19 10/24/19 8/29/19 8/29/19 8/29/19 8/29/1948.1 20.6 15.3 64.0 98.322.4 31.6 36.3 34.017.92.71ND19.3 24.16.06 7.97 8.17 8.6743.8 15.99.6457.8 74.218.9 25.4 29.6 26.25.34 5.38 2.5312.5 17.214.38.49 4.55 5.6813.96.97 4.3719.5 26.05.3510.78.89 9.114.73 2.56 1.23 5.98 7.542.23 4.39 3.62 3.541.26ND ND1.66 1.71ND ND ND ND3.55 1.76ND4.32 5.311.79 2.22 2.21 2.05ND ND ND ND NDND ND ND ND3.29ND ND3.00 3.2ND2.69 1.85 1.7524.7 12.86.9335.4 39.514.0 18.9 20.2 21.933.1 17.69.4348.5 63.316.2 22.7 20.9 20.7200 86 49 272 360 101            135            136            134           C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 6 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAK L L L L MMMRIVE ADAM ADAM ADAM ADAM ARBO ARBO ARBOHeat‐T/Dup_4Tap‐F Tap‐S Heat‐B Heat‐T Tap‐F Tap‐S Heat‐BMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipalShalotte Wilmington Wilmington Wilmington Wilmington Wilmington Wilmington WilmingtonBruns. New Han. New Han. New Han. New Han. New Han. New Han. New Han.8/29/19 10/24/19 10/24/19 10/24/19 10/24/19 10/25/19 10/25/19 10/25/1931.163.9 68.9 55.9 72.3 71.6 68.7 62.88.9025.9 17.8 30.4 36.4 28.4 36.5 27.826.757.9 56.5 54.5 70.9 68.5 72.6 46.818.411.3 11.29.6611.88.4712.67.449.7818.7 17.1 15.4 23.9 18.1 21.5 16.53.874.56 4.21 3.40 5.28 4.18 4.78 3.58NDND ND ND ND ND ND ND2.012.14 2.04 1.54 1.77 1.71 2.21 1.84NDND ND ND ND ND ND ND1.921.56ND ND ND ND1.31 1.4018.821.6 20.5 15.3 19.9 16.7 20.8 15.120.040.3 40.2 27.1 32.7 29.8 33 28.3141                 248 238 213 275 247 274 212C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 7 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAMNNNNOOOARBO BOHN BOHN BOHN BOHN BOTS BOTS BOTSHeat‐T Tap‐F Tap‐S Heat‐B Heat‐T Tap‐F Tap‐S Heat‐BMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipalWilmington Wilmington Wilmington Wilmington Wilmington Wilmington Wilmington WilmingtonNew Han. New Han. New Han. New Han. New Han. New Han. New Han. New Han.10/25/19 8/28/19 8/28/19 8/28/19 8/28/19 8/27/19 8/27/19 8/27/1957.441.2 38.5ND ND43.9 47.0 45.627.611.5 11.8ND ND16.2 15.5 13.152.336.1 35.7ND ND42.6 41.2 37.38.578.37 6.03ND ND8.01 6.03 5.2817.712.4 11.3ND ND11.0 10.9 11.42.932.35 2.50ND ND2.17 1.86 2.04NDND ND ND ND ND ND ND1.77ND ND ND ND ND ND NDNDND ND ND ND ND ND NDNDND ND ND ND ND ND ND17.110.19.89ND ND9.91 9.78 8.0226.318.0 16.8ND ND20.2 19.0 16.8212 140 133‐                ‐               154 151 140C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 8 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAOPPQQQQRBOTS CARR CARR HYAN HYAN HYAN HYAN JAYBHeat‐T Tap‐F Tap‐S Tap‐F Tap‐S Heat‐B Heat‐T Tap‐FMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipalWilmington Wilmington Wilmington Wilmington Wilmington Wilmington Wilmington WilmingtonNew Han. New Han. New Han. New Han. New Han. New Han. New Han. New Han.8/27/19 10/24/19 10/24/19 10/25/19 10/25/19 10/25/19 10/25/19 8/28/1946.079.6 78.8 68.0 71.1 63.6 65.842.514.228.9 25.4 22.3 23.3 21.5 20.611.643.868.4 68.2 64.8 60.5 55.5 61.339.46.6411.6 12.3 10.7 11.0 10.7 11.56.1712.019.3 20.2 18.3 18.7 16.7 21.010.73.103.64 4.62 4.86 4.02 4.37 3.972.68NDND ND ND ND ND NDNDND1.91 2.48 2.24 2.32 1.90 2.25NDNDND ND ND ND ND NDNDNDND ND1.55ND ND NDND9.5520.2 22.6 19.5 18.1 18.9 19.69.6318.835.6 40.6 36.8 34.5 34.9 39.816.7154 269 275 249 244 228 246 139C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 9 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpARRRRSSSSJAYB JAYB JAYB JAYB LAUR LAUR LAUR LAURTap‐F/Dup_1Tap‐S Heat‐B Heat‐T Tap‐F Tap‐S Heat‐B Heat‐TMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipalWilmington Wilmington Wilmington Wilmington Wilmington Wilmington Wilmington WilmingtonNew Han. New Han. New Han. New Han. New Han. New Han. New Han. New Han.8/28/19 8/28/19 8/28/19 8/28/19 8/27/19 8/27/19 8/27/19 8/27/1945.7 47.1 28.8 44.2 35.8 43.7ND46.913.1 12.57.6112.9 15.7 13.7ND13.542.2 43.4 23.1 37.8 34.4 39.1ND41.65.93 5.69 2.99 5.70 4.72 6.24ND4.7712.8 10.76.6410.26.6812.1ND9.222.08 3.13 1.59 2.54 2.63 3.19ND2.31ND ND ND ND ND ND ND NDND ND ND ND ND ND ND NDND ND ND ND ND ND ND NDND ND ND ND ND ND ND ND9.82 8.63 6.33 7.98 8.70 9.76ND9.9816.8 18.8 12.3 16.2 20.0 19.2ND17.7148 150 89 138 129 147 ‐                146C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 10 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpATTTTUUUULULL LULL LULL LULL MASO MASO MASO MASOTap‐F Tap‐S Heat‐B Heat‐T Tap‐F Tap‐S Heat‐B Heat‐TMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipalWilmington Wilmington Wilmington Wilmington Wilmington Wilmington Wilmington WilmingtonNew Han. New Han. New Han. New Han. New Han. New Han. New Han. New Han.10/24/19 10/24/19 10/24/19 10/24/19 10/25/19 10/25/19 10/25/19 10/25/1970.9 63.9 54.4 59.6 73.5 63.3 67.8 72.523.0 20.5 25.7 29.7 37.7 34.3 34.9 38.366.6 55.4 49.8 62.7 68.1 66.1 69.1 74.312.7 10.19.30 9.6712.7 11.1 11.8 12.820.8 17.3 17.4 17.4 20.7 20.0 19.7 24.25.62 3.85 3.4 3.21 3.87 4.53 4.35 4.45ND ND ND ND ND ND ND ND2.3 2.11 1.48 1.71 2.15 1.86 2.10 2.10ND ND ND ND ND ND ND NDND1.24ND1.63ND1.41 1.67ND17.7 19.4 15.5 17.7 18.4 17.9 20.1 21.244.2 35.7 27.8 29.7 32.4 30.1 31.7 34.5264 230 205 233 270 251 263 284C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 11 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAVVVVWWWWONEI ONEI ONEI ONEI OYST OYST OYST OYSTTap‐F Tap‐S Heat‐B Heat‐T Tap‐F Tap‐S Heat‐B Heat‐TMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipalWilmington Wilmington Wilmington Wilmington Wilmington Wilmington Wilmington WilmingtonNew Han. New Han. New Han. New Han. New Han. New Han. New Han. New Han.8/27/19 8/27/19 8/27/19 8/27/19 10/25/19 10/25/19 10/25/19 10/25/1938.9 43.4 51.3 46.456.3 59.3 64.5 72.522.0 12.8 14.4 13.732.0 33.0 31.3 34.333.4 43.1 40.1 41.058.9 59.3 69.1 67.68.18 4.08 4.67 4.1110.4 10.4 10.5 10.46.512.2 10.4 11.217.3 16.5 18.2 17.62.09 3.21 2.9 2.324.29 4.47 4.46 4.29ND ND ND NDND ND ND NDND1.22ND ND1.87 1.88 1.75 2.07ND ND ND NDND ND ND NDND ND ND NDND ND1.44ND5.7110.2 10.69.9316.7 18.4 18.6 20.518.7 18.3 21.1 16.428.4 29.1 29.9 35.0135               149               155               145               226 232 250 264C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 12 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAXXXXXYYZRAND RAND RAND RAND RAND TREE TREE WINDTap‐F Tap‐STap‐S/DUP_1Heat‐B Heat‐T Tap‐F Tap‐S Heat‐B.aMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipalWilmington Wilmington Wilmington Wilmington Wilmington Wilmington Wilmington WilmingtonNew Han. New Han. New Han. New Han. New Han. New Han. New Han. New Han.10/24/19 10/24/19 10/24/19 10/24/19 10/24/19 10/25/19 10/25/19 3/13/1967.9 60.3 62.7 74.0 72.0 48.0 60.921.7X22.4 18.6 18.9 21.9 24.3 29.6 32.75.01X62.5 55.2 60.5 64.4 62.4 47.4 60.96.6211.3 11.0 11.1 12.5 11.06.7411.72.74JX18.4 16.5 17.4 19.2 16.7 13.5 22.412.5X4.6 3.74 4.63 3.69 4.3 3.16 4.844.74JXND ND ND ND ND ND NDNDUX2.25 1.89 2.12 2.16 2.49ND1.84NDUXND ND ND ND ND ND NDNDUX1.25ND ND1.47ND ND NDNDUX21.2 21.0 20.8 19.5 19.0 12.7 18.92.43J38.4 36.5 39.8 40.8 40.5 26.7 31.25.05250 225 238 260 253 188 24561C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 13 of 14
Table A‐1. Summary of PFAS Detected in Water Heater and Tap Water Sampling near Wilminunits = ng/LPMPA PFMOPrA  Perfluoro‐2‐methoxypropanoic acidPerfluoro‐3‐methoxypropanoic acid13140‐29‐9377‐73‐1PEPA PFMOBA  2,3,3,3‐Tetrafluoro‐2‐(pentafluoroethoxy) propanoic acidPerfluoro‐4‐methoxybutanoic acid267239‐61‐2863090‐89‐5AttachemNotes/Comments:9 9 9 = Sample result for single PFAS above 10 ng/L limit in Consent Order (Para. 20.a)9 9 9 = Sample result for combination of PFAS above 70 ng/L limit in Consent Order (Para. 20.b)CASN = Chemical abstracts service registry numberng/L = Nanograms per liter (a.k.a. parts per trillion or pptr)ND = Not detectedPFAS = Per‐ and polyfluoroalkyl substancesCounty ‐ Bruns = Brunswick, Col. = Columbus, New Hand = New Handover, and Pend = Pender.Common Name  Chemical Name  CASN Perfluoro(3,5,7,9‐tetraoxadecanoic) acid 39492‐90‐5 Perfluoro‐ 2‐methoxyacetic acid 674‐13‐5Perfluoro(3,5‐dioxahexanoic) acid 39492‐88‐1 Perfluoro(3,5,7‐trioxaoctanoic) acidDetected PFAS listed in Attachment C of 2/25/19 Consent OrderLocations ‐ Dup = Blind duplicate, Heat‐B = Bottom of water heater sample, Heat‐T = Top of water heater sample, O.S. = Outsidoutside tap,  Out‐S = Follow‐up outside tap water sample, Tap‐F = First‐flush sample from tap, and Tap‐S = Follow‐up tap waterHexanoic acid, 2,2,3,3,4,4,5,5,6,6‐decafluoro‐6‐(trifluoromethoxy)‐; Butanoic acid, 2,2,3,3,4,4‐ hexafluoro‐4‐[1,2,2,2‐tetrafluoro‐1‐ (trifluoromethyl)ethoxy]‐174767‐10‐3; 801212‐59‐9Perfluoro(3,5,7,9,11‐pentadodecanoic) acidHFPO‐DA / PFPrOPrA / “GenX”2,3,3,3‐Tetrafluoro‐2 (1,1,2,2,3,3,3‐heptafluoropropoxy)‐propanoic acid13252‐13‐639492‐91‐6  Perfluoroheptanoic acidSamples collected in June 2018 and March 2019 tested consistent with U.S. Environmental Environmental Protect Agency (USEcollected in August 2019 and October 2019 tested consistent with USEPA Method 537.1.  All tests completed by GEL LaboratorWtr. Source ‐ Municipal = Minicipal water provider. PFESA‐BP1 / Nafion BP #1PFESA‐BP2 / Nafion BP #239492‐89‐2PFMOAA PFO2HxA PFO3OAPFO4DANafion Byproduct 1 66796‐30‐3; 29311‐67‐9Nafion Byproduct 2 749836‐20‐2375‐85‐9PFECA‐G TAFN4 / PFO5DAPFHpAZZZZAAAAAAAAWIND WIND WIND WIND LIBE LIBE LIBE LIBEHeat‐B.b Heat‐B.c Heat‐T.e Heat‐T.f Tap‐F Tap‐S Heat‐B Heat‐TMunicipal Municipal Municipal Municipal Municipal Municipal MunicipalMunicipalWilmington Wilmington Wilmington Wilmington Winnabow Winnabow Winnabow WinnabowNew. Han. New. Han. New. Han. New. Han. Bruns. Bruns. Bruns. Bruns.3/13/19 3/13/19 3/13/19 3/13/19 8/27/19 8/27/19 8/27/19 8/27/1921.9X20.7X18.2X19.3X42.4 37.5 42.5 36.67.15X7.36X7.27X8.46X11.5 9.849.3810.14.87 3.69 3.03 2.5234.0 30.6 34.6 30.82.77JX2.71JX2.05JX2.43JX7.29 5.84 7.12 5.9112.0X11.3X10.2X9.83X11.2 10.6 10.3 10.84.94JX5.03X3.32JX3.41JX4.91 4.19 4.26 4.68NDUXNDUXNDUXNDUXND ND ND NDNDUXNDUXNDUXNDUX2.66 2.58 2.34 2.48NDUXNDUXNDUXNDUXND ND ND NDNDUXNDUXNDUXNDUX1.81 2.00ND1.861.95J1.68J1.51J1.31J24.8 24.9 27.2 26.34.74 5.01 5.50 5.2127.7 25.1 25.0 25.260 57 51 52168 153 163 155C:\Users\dhamel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\79AGHQ0D\Sampling Summ Wtr Heat Tap 2020‐02‐17, SummPrinted: 2/20/2020 at 9:56 AMPage 14 of 14