2020.05.19_CCO.p21_ChemoursExtensionRequest-Para19&21

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

May 19, 2020
Sheila Holman
Assistant Secretary for the Environment
1601 Mail Service Center
Raleigh, NC 27699-1601
[e-mail]

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

Paragraph 19

Paragraph 19 of the Consent Order requires that “Chemours shall establish and properly
maintain permanent replacement drinking water supplies in the form of public water or a whole
building filtration system for any party (i.e., household, business, school, or public building) with
a private drinking water well that has been found through testing validated by DEQ to be
contaminated by concentrations of GenX compounds in exceedance of 140 ng/L, or any
applicable health advisory, whichever is lower.” Paragraph 19 further provides that connection
to a public water supply need not be established “if DEQ determines that connection to a public
water supply to an affected party would be cost-prohibitive (i.e., greater than $75,000),” in which
case “DEQ may authorize provision of a permanent replacement water supply to that affected
party through installation and ongoing maintenance of either a whole building filtration system
approved by DEQ or reverse osmosis systems approved by DEQ installed at every kitchen and
bathroom sink (at the election of the affected party).” Permanent replacement drinking water
supplies are required to be installed within nine months after the date Chemours becomes aware
that the affected party qualifies for replacement water, or, if Chemours was aware of such
qualification at the time of the entry of the Consent Order, within nine months after the date of
entry. During the period that permanent replacement drinking water supplies are pending for
affected parties, Chemours offers bottled water to those parties pursuant to paragraph 23 of the
Consent Order.

On March 11, 2019, Chemours submitted a letter to DEQ, attaching a Feasibility Study
Report for Public Water Services, Chemours Fayetteville Works, prepared by Parsons. The
Feasibility Study Report focused on four distinct areas around the Chemours facility: Bladen

2
County west of the Cape Fear River, Bladen County east of the Cape Fear River, Cumberland
County west of the Cape Fear River, and Cumberland County east of the Cape Fear River. The
March 11th letter requested DEQ concurrence as to the infeasibility of public water connection
for certain parties, because the costs would exceed $75,000 per party.

By letter dated June 27, 2019, DEQ concurred with the infeasibility of public water
connections in two areas: Bladen County east of the Cape Fear River and Cumberland County
east of the Cape Fear River. Accordingly, Chemours has proceeded to offer and install whole
building filtration systems or reverse osmosis systems for affected parties in those areas.

By letter dated September 10, 2019, DEQ indicated that it was continuing to evaluate the
feasibility of public water for Bladen and Cumberland Counties west of the Cape Fear River and
granted an extension of 3 months, until February 25, 2020, for Chemours to meet the
requirements of paragraph 19 of the Consent Order for affected parties in those areas.

By letters dated February 12, 2020, DEQ granted further extensions of 3 months, to May
25, 2020, for Chemours to meet the paragraph 19 requirements in Bladen and Cumberland
Counties west of the Cape Fear River. In those letters, DEQ concurred with the potential
feasibility of public water connections for certain parties in Bladen County west of the Cape Fear
River and indicated that it was continuing to evaluate feasibility for Cumberland County west of
the Cape Fear River. Since that time, Chemours has continued discussions with both Bladen and
Cumberland Counties regarding the potential expansions of their public water systems to supply
affected parties west of the Cape Fear River, and those discussions remain ongoing.

Accordingly, pursuant to paragraph 25 of the Consent Order, Chemours hereby requests a
further extension of 3 months, to August 25, 2020, to meet the paragraph 19 requirements in
Bladen and Cumberland Counties west of the Cape Fear River. Further, as discussed with DEQ,
Chemours anticipates that it will continue to request additional 3 month extensions moving
forward, as the potential infrastructure expansions of the Bladen and Cumberland County public
water systems may take multiple years to complete. Chemours will continue to keep DEQ
informed throughout this process.

Paragraph 21

Paragraph 21 of the Consent Order requires that Chemours sample “drinking water wells
for a distance of at least one-quarter (1/4) mile beyond the nearest well with test results showing
a quantifiable level of any PFAS listed in Attachment C above 10 ng/L” and that “[s]uch testing
shall be completed within eighteen (18) months of entry of this Order” (i.e., by August 25,
2020). Pursuant to these requirements in paragraph 21, Chemours has been conducting its
Adaptive Step Out and Infill Sampling Program (the “Sampling Program”), which has involved
sampling thousands of drinking water wells at distances of up to several miles from Fayetteville
Works. Chemours has devoted substantial resources to complete this sampling program as
expeditiously as practicable, but many wells remain to be sampled.

3
In response to the coronavirus (COVID-19) pandemic, and in alignment with federal and
state guidelines, including Executive Orders issued by Governor Cooper, limiting travel,
personal contact and other activities, the Sampling Program has been temporarily suspended
since March 26, 2020. Chemours has notified and kept DEQ informed of the temporary
suspension, which aligns with DEQ’s own suspension of certain sampling activities during this
period. During the temporary suspension period, Chemours has continued to conduct limited
activities, including verifying contact information and obtaining approval to sample drinking
water wells once the Sampling Program resumes. As the State of North Carolina has now started
to ease certain coronavirus-related restrictions and enter a phased reopening process, Chemours
is developing a process and timeline for restarting the Sampling Program in accordance with
health guidelines. Chemours will keep DEQ informed of its plans.

After Chemours restarts the Sampling Program and gathers additional drinking water
well data, Chemours will better be able to predict an expected date for completion of the
program. Due to the significant delays caused by the pandemic, Chemours will not be able to
complete the Sampling Program by the 18-month deadline in paragraph 21 (August 25, 2020).
Accordingly, pursuant to paragraph 25 of the Consent Order, Chemours hereby requests an
extension of 3 months, to November 25, 2020, to complete the Sampling Program. Chemours
may seek further extensions in the future as necessitated by the data and circumstances.

***

Because of the time sensitivity of these requests, and because they are interim in nature,
we ask for a prompt response. If you have any questions or would like to discuss this matter
further, please contact me at [e-mail].

Sincerely,

Brian D. Long
Plant Manager
Chemours – Fayetteville Works

4
Cc:
William F. Lane, DEQ
Francisco Benzoni, NC DOJ
Michael Abraczinskas, DAQ
Michael Scott, DWM
Danny Smith, DWR
David C. Shelton, Chemours
John F. Savarese, WLRK
Joel M. Gross, Arnold & Porter
Kemp Burdette, CFRW
Geoff Gisler, SELC