DEQ-CFW_00078818

From: Kritzer, Jamie [/D=[XCHANG[LAB5/OU=EXCHANGEADMINISTRATIVE GROUP
(FYD|BOHF2]SPDLT)/CN=REOP|ENTS/CN=C[E9]C49D01445A]B541B8327DCDCD4O-JBKR|TZ[R]
Sent: 6/20/I0I79:37:I1PW1
To: Munger, Bridget [/h=ExchangeLabs/ou=ExzhanXeAdministrative Group
(FYD|8OHFZ33PDO)/cn=Redpient$cn=c54e1f65Ocea49958a5aba689cIO4f61-bcmunXer]
Subject: RE: Answers from ]&Connie
Jamie Kritzer
Communications Director
N.C. Department of Environmental Quality
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From: Munger, Bridget
Sent: Tuesday, June JO,JO17S:JJPK4
To: Kritzer, Jamie ^[e-mail]>
Subject: Answers from ]&Connie
From: Sink, Maria
Sent: Tuesday, June 2U,2Ol74:27PM
To: Kritzer, Jamie
Subject: FW: Story I'm writing today on Chemours, GenX, NPDES
Listed below are Vaughn'squestions aaofthis morning. Julie has answered #Jdue tolack oftime. She believes the FAQ
will answer many ofthe other questions.
All
As I indicated to Marla yesterday afternoon, I'm writing a story today regarding Chemours'NPDES permit.
lhad afairl/ extensive conversation yesterday with a former EPA attorney who teaches environmental lovv
focused on regulations and policy. He also has written onumber of texts and course materials for teaching this
subject. So, he seems to be pretty knowledgable.
He essentially said that Dupont and now Chen)ouruwould have hohave mentioned Gen}{(perhaps using o
different name) in its applications for NPDES permits in force since 1980 regardless of whether it is a
OEQ-CFVV_00078818

"regulated substance." The company has said GenX HFP0 dieter acid [call me on this correction] 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.
,See ansii.,er• to question 20 they did noti)j its.
2) Has GenX ever been mentioned as part of the Fayetteville Works NPDES permit or permit application?
the lwrmit al-)p 'ication describe f ve difPrent manufcrcluring, areas. In that descrilwio , they recognized the
production «f HFPO monomer (-which is beinag reftrred to as Gen-Y) and the v4ny=1 ether monomers in the
ivasteivater. The ivast ivatcr generated as a result q'f these processes is sent to the �%astc�%ater treat rent I&Int,
according to the permit a13plication. ff'e itvrc informed that the GenX mc: nufrciurinr� process ii�as a closed loal-)
s.vstcm. In other Ivor d s, the waste generated during these processes ii>as cal3 pre on -site and not discharged
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?
They rvere all iclenlr fied in the 2016.apl-)lication and a717Areilous qfyhcations as HI 10 monomer (ivlrich are
being referred to as GenX) and the i 4nid ether monomers.
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?
The '016 reneiA%al aj-)[, lication sloes mention t1FPO monomer (iA�hich is being reki-red to as €. en.\) and the
Vinvl Ether monomers in the ivasteivater.
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.
Mhat y i describers is incorrect. Please see ansii.,ers aboiv.
Again, I'm writing this story today. In fact, I'll have most of it finished before noon.
Regards,
Vaughn Hagerty
DEQ-CFW 00078819