DEQ-CFW_00078786

From: Sink, Marla [/O=EXCHANGELA8S/OU=[XCHANGEADMINISTRATIVE GROUP
(FYD|BOHF2]SPDLT)/CN=REOP|ENTS/CN=1443GCDF33F147ACADG2D89C87DCF81B-yWARLA.5|NK]
Sent: 6/20/I0I78:36:08PW1
To: Kritzer, Jamie [/o=ExchangeLabs/ou=ExzhanXeAdministrative Group
(FYD|8OHFZ33PDO)/cn=Redpient$cn=cee93c49d01445a3b541bb3Z7dcdc84O-jbkritzer]
Subject: RE: Story I'm writing today onChemoursGenX,NPDES
It's probably ok not to respond to him now. He said he was going to have his report done by noon.
Marla Sink
Public Information Officer
Department ofEnvironmental Quality
Division ofWater Resources
From: Kritzer, Jamie
Sent: Tuesday, June ZO,ZOl74:33PM
To: Sink, Marla <Mar|[e-mail]>
Subject: RE: Story I'm writing today onChemouns,GenX,NPDES
Yes, but the FAQ has not been vetted by DHHS. We have to have them look it over as well.
Jamie Kritzer
Communications Director
N�Department ofEnvironmental Quality
919-707-8602
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From: Sink, Marla
Sent: Tuesday, June 2U,2Ol74:27PM
To: Kritzer, Jamie

Listed below are Vaughn's questions as of this morning. Julie has answered #2 due to lack of time. She believes the FAQ
will answer many of the other questions.
All
As I indicated to Marla yesterday afternoon, I'm writing a story today regarding Chemours' NPDES permit.
I had a fairly extensive conversation yesterday with a former EPA attorney who teaches environmental law
focused on regulations and policy. He also has written a number of texts and course materials for teaching this
subject. So, he seems to be pretty knowledgable.
He essentially said that Dupont and now Chemours would have to have mentioned GenX (perhaps using a
different name) in its applications for NPDES permits in force since 1980 regardless of whether it is a
"regulated substance." The company has said GenX is discharged at its point source, which the permit covers.
If Chemours or DuPont has not listed GenX, then that may constitute violations under the Clean Water Act.
The company also should have listed the "novel" substances mentioned in Sun, et al., on the permit
applications. My understanding is that, based on sampling above and below the Fayetteville Works, those
appear to be emanating from the Fayetteville Works. Chemours holds the permit governing those discharges
and, as such, is responsible for such reporting.
1) Does DEQ agree with this assessment? If not, please let me know which parts are incorrect and what
the correct interpretation should be.
2) Has GenX ever been mentioned as part of the Fayetteville Works NPDES permit or permit
application?
In reviewing the current and previous NPDES applications from CChemoursIDupont in a supplemental Information section
they describe the five different process limes that discharge to the WWTP. (finder the Nofian Membrane Manufacturing
area the application states —
"The HFPO monomer and the Vinyl Ether monomers are used to manufacture various fluorochemical
products such as Chemours Teflon. Wastewater generated frogs this manufacturing facility is discharged
to the Chemours wastewater treatment plant."
3) What about any of the "novel" substances listed in Sun, et al.? Have they ever appeared in the
company's NPDES permit or permit application? If so, when and how were they mentioned? If not, why
not?
4) GenX does not appear in the April 2016 permit renewal application. Can you confirm that and help
me understand why it does not and what that means in terms of that application?
5) If what I describe above is correct, then according to Section 402 of the CWA, the state is bound to
"abate violations of the permit or the permit program, including civil and criminal penalties and other
ways and means of enforcement." Please let me know how the state plans to proceed in this case.
Again, I'm writing this story today. In fact, I'll have most of it finished before noon.
.M
DEQ-CFW 00078787

Vaughn Hagerty
DEQ-CFW 00078788