DEQ-CFW_00078457

From: Vaughn Hagerty [[e-mail]]
Sent: 6/19/2017 10:47:16 AM
To: Kritzer, Jamie [/o=ExchangeLabs/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=cee93c49dOl445a3b541bb327dcdc840-jbkritzer]; Sink, Marla
[/o=ExchangeLabs/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=14436cdf33fl47acad62db9cb7dcf8lb-Marla.Sink]; Munger, Bridget
[/o=ExchangeLabs/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=c54elf650cea49968a5aba689c2O4f6l-bcmunger]
Subject: Questions regarding GenX. Chemours and DEQ
Good morning! I'm not sure if I should be addressing these to all three of you, so let me know if there's one
person who should be the contact and I'll make sure that future questions get sent to that person only.
Can you help me obtain answers to the following questions?
1) When did DEQ first learn that the substance commonly known as GenX was being discharged by Chemours
or DuPont through the outflow governed by its NPDES permit?
2) Has GenX ever been a part of monitoring required under the company's NPDES permit or any other
monitoring required by the state?
3) Did Chemours have any obligation whatsoever to disclose the presence of GenX in its outflow at any time
between 1980 and now? If not, why? If so, did it?
4) It is my understanding that while GenX is not regulated, EPA guidelines let state regulators set requirements
for unregulated substances using their "best professional judgment":
https://Nv-vv-vv.el)a.gov/eg/learn-about-effluent-giidelines:,4not-specific-reg
Is that correct? Is that something DEQ is considering in this case? I realize that DEQ will be considering many
factors, but I'm really wanting to know specifically if DEQ will be considering requiring Chemours to monitor
and report the discharge of GenX under its NPDES permit or through any other means and how that might
come about. If not, please let me know why.
5) Has DEQ ever required the monitoring of any unregulated substance using "best professional judgment"? If
not, why? If so, can you tell me how many instances, what the substances were, the permit holders' name and
when those requirements first were established? Note: Although I'd like to have this list if it exists, I also realize
it may take time to compile. So, I'd prefer to wait on that piece rather than have it delay other answers.
6) Can you provide me with a copy of the NPDES permit that Chemours is currently operating under? Has
Chemours' NPDES permit technically expired? If so, what does that mean in terms of regulatory compliance?
Do they continue to operate under the last approved permit or the renewal application? If the current permit is
not expired, when does it expire?
7) 1 understand that there currently is a backlog of applications and/or renewals. Is that correct? How long has
this backlog existed? Why has it occurred? How many applications are awaiting approval? How long does it
typically take for applications to be approved in the current circumstances upon submission?
8) 1 understand that after the StarNews began asking questions about Chemours and GenX, a priority was
placed on reviewing Chemours most recent renewal application and that DEQ staff expect to begin reviewing it
within two months. Is that correct? What typically happens in such a review? How long is it expected to take
from the time a review begins until a decision on approval is taken? Will the review of Chemours' application
DEQ-CFW-00078457

be any different from that typical review? How will the disclosure that GenX has been in the outflow since 1980
figure into that review?
Regards,
Vaughn Hagerty
[phone]
DEQ-CFW-00078458