DEQ-CFW_00079306

0
FOUNDED1897
Sri
David C. Shelton, Esq.
General Counsel
The Chemours Company
1007 Market Street
Wilmington, Delaware 19899
2000 RENAISSANCE PLAZA
230 NORTH ELM STREET
GREENSBORO, NC 27401
T 336.373.8850
F 336.378-1001
WWW.BROOKSPIERCE.COM
Re: Requests for Information by Cape Fear Public Utility Authority
I am writing on behalf of the Cape Fear Public Utility Authority ("CFPUA"), as its
environmental counsel. I assume you are aware of the circumstances that have recently come to
light regarding the historical discharge of GenX into the Cape Fear River by The Chemours
Company FC, LLC ("Chemours") and E.I. DuPont de Nemours & Co. ("DuPont") at the facilities
of those companies (or their tenants or affiliated entities) located in Fayetteville, North Carolina
(the "Fayetteville Facility"). I write in that regard.
As you may be aware, CFPUA is a public utility authority jointly created by the City of
Wilmington and New Hanover County pursuant to N.C. Gen. Stat. § 162A-1, et seq. In that
capacity, CFPUA provides potable water to residents of the City and County, and is acutely
interested in determining whether the waters of the Cape Fear River are contaminated with
pollutants — regulated or unregulated — that have the potential to adversely affect human health.
Chemours has indicated a willingness to provide further information to the public to help address
this concern, and we therefore request the company's cooperation and assistance in providing the
information set forth below.
For the purposes of these requests, we define "GenX Chemicals" to mean: (i) chemicals
collectively identified by DuPont and Chemours as "GenX"; and (ii) chemicals that are
structurally, functionally or otherwise similar to GenX, including perfluorinated chemicals, that
result from the manufacture, use, processing, treatment, or disposal of GenX.
1. Identify the chemical compounds for all GenX Chemicals, as well as all synonyms and
acronyms used by Chemours or DuPont for GenX Chemicals.
2. Identify all testing methods known to Chemours or DuPont for identifying the presence of
GenX Chemicals.
Writer's Direct Dial: Phone: [phone] Fax: [phone] fa ,[e-mail]
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.
Attornevs and Counsellors at Law
DEQ-CFW-00079306

3. Identify all products (e.g., Teflon, Nafion, etc.) that are or have been manufactured with
the assistance of GenX Chemicals at the Fayetteville Facility and that have resulted in a
discharge of GenX Chemicals into the Cape Fear River.
4. Chemours has represented that it has stopped discharging GenX Chemicals into the Cape
Fear River. Please share with CFPUA and the public the methods Chemours currently
employs to prevent the discharge of GenX Chemicals and any sampling and/or studies that
demonstrate the effectiveness of such treatment methods. CFPUA has employed a
consulting firm to evaluate methods to remove GenX Chemicals from its finished water
and your information can expedite their efforts.
5. As reported by multiple news sources, CFPUA and other state and local officials met with
Mike Johnson, Chemours' environmental manager, in a closed -door meeting on June 15,
2017. During that meeting, Mr. Johnson represented that, contrary to prior information
from Chemours regarding GenX, the compound (or compounds) has been discharged into
the Cape Fear River since 1980. In light of the conflicting information, please provide a
comprehensive history of the manufacture, use, processing, treatment, and discharge of
GenX Chemicals by Chemours, DuPont, and/or any tenant or affiliated entities discharging
through the Fayetteville Facility, including: (i) historical amounts of GenX Chemicals
manufactured and used, (ii) historical amounts of GenX Chemicals discharged to the Cape
Fear River, (iii) the waste streams involved in historical discharges, and (iv) water
treatment methods utilized for such waste streams.
6. Identify whether GenX Chemicals have been emitted to the air at the Fayetteville Facility.
Our concern is the introduction of GenX Chemicals into the water supply via this route,
and we ask you to provide comparable historical air emissions data for GenX Chemicals.
7. Provide all reports, studies and data conducted by, funded by or in the possession of
Chemours and/or DuPont that relate to the effects of GenX Chemicals on human or
environmental health.
8. Provide all groundwater and surface water monitoring data that relate in any way to GenX
Chemicals.
Given the significance of the issues relating to GenX in the Cape Fear River, we ask that
you promptly respond to these requests. Thank you for your attention to these matters.
Sincerely,
George House
cc: Bill Lane, General Counsel, NC Department of Environmental Quality
Writer's Direct Dial• Phone; 336-271-3114 Fax: [phone] [e-mail]
Brooks, Pierce, McLendon, Humphrey&Leonard, L.L.P.
Attorneys and Counsellors at Law
DEQ-CFW-00079307