DEQ-CFW_00082019

From: Vaughn Hagerty [[e-mail]]
Sent: 8/11/2017 8:29:01 PM
To: Kritzer, Jamie [/o=ExchangeLabs/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=cee93c49dOl445a3b541bb327dcdc840-jbkritzer]; Munger, Bridget
[/o=ExchangeLabs/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=c54elf650cea49968a5aba689c2O4f6l-bcmunger]
Subject: Questions and documents
Attachments: 2001-permit-app.pdf; 2003-dupont-notify-groundwater-C8.pdf; 2004-Feb-permit.pdf; 2004-Jan-permit.pdf; dobson-
memo.pdf; dupont-2002-letter.pdf; part-iii-notify-2007.pdf
Jamie, Bridget:
Glad we had a chance to speak this afternoon. Below are the questions, grouped by subject matter. Since you
have a lot going on, right now I'm more interested in getting the C8 questions answered first, though I'd still like
the others to be on the radar. Files are attached as well and referenced in the questions.
-Vaughn
1) Does DEQ or the state have any records showing how DuPont disposed of wastewater from its APFO
manufacturing process from the fall of 2002, when production began at the Fayetteville Works, until the
end of January 2004, when Mike Johnson emailed the state to say that DuPont planned to capture that
wastewater and send it off -site for disposal? If so, please provide a copy of those records.
Attached records: 2001-permit-app.pdf, 2004-Jan-permit.pdf, 2004-F eb -permit. pdf (includes Johnson's
email starting on P. 15 of the file)
2) Does DEQ have any authorization from state regulators to DuPont or notice from DuPont to the state
that it planned to begin production of APFO prior to the issuance of its NPDES permit in 2004? If so,
please provide a copy of those records.
3 3) From 2001 until the initial (uncorrected/January 2004) NPDES permit was issued for the Fayetteville
Works, a number of events occurred:
a) The class-action lawsuit Lynch v. DuPont was filed in West Virginia state court alleging that C8
from DuPont's Washington Works plant had contaminated drinking water in public systems and
private wells.
b) The EPA began a priority review of PFOA (C8) in 2002.
c) DuPont reported to DENR that it had discovered C8 in groundwater at the plant in 2003.
Attached file: 2003-dupont-notify-groundwater-C8.pdf
Records I have for both the initial NPDES permit issued in January 2004 and February 2004 do not
indicate that any of these factors were taken into consideration when issuing the permit. I especially am
curious about this pertaining to the January permit, which authorizes DuPont to discharge wastewater
from the APFO manufacture. Does DEQ have any records indicating that any of these were considered
when approving and/or writing these permits? If so, please provide a copy of those records?
DEQ-CFW-00082019

4) When did DuPont or the state first sample Cape Fear River water for the presence of C8? What
precipitated this sampling? What were the results? When and why was regular sampling of river water for
C8 first instituted? Please provide copies of any documents related to this.
Questions related to disclosure of substances not in the permit and Part III of the permit
1) Among the documents provided from my open -records request are two that seek clarification of Part
III of the permit -- specifically, when does the company need to notify regulators when discharging a
substance that is not listed on the permit:
dobson-memo.pdf: Memo from Grady Dobson of the Fayetteville office with recommendations on
DuPont's 2001 NPDES application
dupont-2002-letter.pdf-. Letter from Mike Johnson at DuPont requesting clarification on notification under
Part 111.
I have permits issued in January and February (corrected) 2004, but neither appears to address this issue. I
also cannot find any other document among those I was provided that addresses it. Was it addressed? if
so, when, by whom, and how? Can you provide copies of documents related to that?
2) Does DEQ have any standing policies or guidelines for how companies such as DuPont should address
Part III? If so, can you provide a copy and let me know when the policy was instituted?
3) Can DEQ provide copies of communications from DuPont and/or Chemours made to DEQ that comply
with Part III? I've attached an example of one (part-iii-notify-2007.pdf), so, apparently it was occurring in
at least some cases. Did such a notification occur in the case of GenX? Specifically, did one occur before
DuPont/Chemours instituted its initial abatement efforts in November 2013? Was DEQ informed about
that abatement effort? Can you provide any documents related to that notice?
4) When did Chemours or DuPont first specifically inform DEQ that GenX or C3 dimer or C3 dimer acid
was being discharged? Can you provide copies of documents regarding that communication?
5) The letter from Mike Johnson referenced above mentions that the company "considering a research
effort to identify and quantify some of the unknown fluorocarbon byproducts in the various processes at
the Fayetteville Works facility." Was there any other communication regarding this? Did this research
effort occur and did such a system get developed and put in use at the Fayetteville Works? If so, were
results communicated to the state and can you provide copies of those communications?
6) Does DEQ continue to maintain that the manufacturing descriptions previously cited constitute
disclosure by DuPont and Chemours of discharge of GenX and the "novel" substances in Sun, et al.,
under the terms of NPDES and the Clean Water Act?
DEQ-CFW-00082020