DEQ-CFW_00079777

From: Sink, Marla [/O=EXCHANGELA8S/OU=[XCHANGEADMINISTRATIVE GROUP
(FYD|BOHF2]SPDLT)/CN=REOP|ENTS/CN=1443GCDF33F147ACADG2D89C87DCF81B-yWARLA.5|NK]
Sent: 7/7/20I76:29:29PM
To: Kritzer, Jamie [/o=ExchangeLabs/ou=ExzhanXeAdministrative Group
(FYD|8OHFZ33PDO)/cn=Redpient$cn=cee93c49d01445a3b541bb3Z7dcdc84O-jbkritzer]
CC: Munger, Bridget [/o=ExchangeLabs/ou=ExchanXeAdministrative Group
(FYD|8OHFZ33PDO)/cn=Redpient$cn=c54e1f65Ocea49958a5aba689c2O4f6I-bcmunXer]
Subject: Marla Out Next Week — Two Media Requests for Next Week
Since | will beout next week, | want toloop you inontwo media requests. Julie and Connie have been out all week »o|
couldn't set this up.
As I indicated to Marla yesterday afternoon, I'm writing a story today regarding Chemours' NPIDES 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 tobepretty knowledgable.
He essentially said that Dupont and now Chemours would have to have mentioned GenX (perhaps using a different
name) in its applications for NPDE8 permits in force since 1980 regardless of whether it is a "regulated substance." The
company has said Gey+X HFPO dimer acid [call me on this correction] isdischarged atits 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 answer tmquestion #2; they did notify us.
2) Has GenX ever been mentioned as part of the Fayetteville Works NPIDES permit or permit application?
The permit application describes five different manufacturing areas. In that description, they recognized the production
of HFPOmonomer (which isbeing referred &ous6enXand the vinyl ether monomers in the wastewater. The wastewater
generated osoresult oƒthese processes bsent tothe wastewater treatment plant, according tothe permit application.
We were informed that the Chem ours'polymer processing aid (additional GenX compounds)manufacturing area /so
closed loop system. /oother words, the waste generated during these processes iscaptured on -site and not discharged to
the river.
3) What about any of the "novel" substances listed in Sun, et al.? Have they ever appeared in the company's NPIDES

They were all identified in the 2016 application and all previous applications as HFPO monomer (which are being referred
to as GenX) and the vinyl 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 2015 renewal application sloes mention HFPO monomer (which is being referred to as GenX) and the Vinyl Ether
monomers in the wastewater.
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.
What you described is incorrect. Please see answers above.
experts.2. Cathy Clabby would like to do an interview on GenX with the Archdale to
have a face to face meeting. Her request is below. I .. her Connie and Julie would probably need to catch
maybeup with their work on Monday since they have been out all week. But Tuesday or Wednesday?.;:
is also an expert on the health risk process.
Below is a summary of what I'm requesting.
A conversation with DEQ topic experts regarding their current understanding of precisely how GenX was released in
Cape Fear and over how long. I'd also like to learn more about how DEQ staff, working with EPA, is assessing any health
risk regarding its presence. That can't be easy given that this is an unregulated substance.
As I mentioned, I'm happy to drive to Raleigh or even a regional office if you think it would be best to speak face to face
with an expert. Tuesday would work well, though if your colleagues are available Monday, I can get to where they are
then.
Also, (in accordance with NC general statutes 132-1 and 132-6), I'm requesting these public records:
1. A copy of DEQ's written monitoring plan described here.
All the best,
Cathy
Catherine Clabby I Journalist
DEQ-CFW 00079778

Maria
Maria Sink
Public Information Officer
Department ofEnvironmental Quality
Division ofWater Resources
512North Salisbury Street
1611 Mail Service Center
Raleigh, NC 27699'1611