DEQ-CFW_00082938

From: Kritzer, Jamie [/D=[XCHANG[LAB5/OU=EXCHANGEADMINISTRATIVE GROUP
(FYD|BOHF2]SPDLT)/CN=REOP|ENTS/CN=C[E9]C49D01445A]B541B8327DCDCD4O-JBKR|TZ[R]
Sent: 8/23/I0I711:2504AW1
To: Holman, Sheila [/h=ExchangeLabs/ou=ExchanXeAdministrative Group
(FYD|8OHFZ33PDO)/cn=Redpient$cn=94a3f59574d34b769b3bd834a97IO5c5-scho|man]
Subject: FVV:Vaughn: answers toyour questions
Jamie Kritzer
Communications Director
N.C. Department of Environmental Quality
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From: Kritzer, Jamie
Sent: Monday, July 1O 20171:37PM
To: Grzyb,Julie ^ju|ie.grzyb@ncdenr.8o«~; Brower, Connie<[e-mail]`
Cc: Munger, Bridget <brid8et.mun8er@ncdenr.8ov>;Kritzer, Jamie ^jamie.kritzer@ncdenr.8ov>;Culpepper, Linda
x|indazu|[e-mail]>;Holman, Sheila <shei|a.ho|man@ncdenr.8ou^
Subject: FVV:Vaughn: answers toyour questions
Julie, Connie,
I'll call about these in a moment.
Jamie Kritzer
Communications Director
N.C. Department of Environmental Quality
519-707-8602
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From: Kritzer, Jamie
Sent: Tuesday, June 20, 2017 5:47 PM
To: Vaughn Hagerty <Lau hn. a ert ;f 7 >
Cc: Kritzer, Jamie <j r i 3.kritz r r r€c. r€r, Yoe >; Sink, Marla < ar1a.Sink ncdenr.Ro >; Munger, Bridget
Subject: Vaughn: answers to your questions
Vaughn,
Please see the answers to your questions below.
Sorry for the delay. Staff are working on a lot of fronts right now.
Jamie
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 HFPO 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.
&e anrswwer to question r€2; they did notifi> us.
2) Has GenX ever been mentioned as part of the Fayetteville Works NPDES permit or permit application?
i'r'te perinit application r escrihe:sfiw Ali ferent r�c��zr�facturing areas. In that description, the*1) recce ni ed the
production of Hl-,PO monomer (which�- r is being e.kr��r�ed to as �tenA) and the 14nyl ether uiorrower-s in the
iA�asteiA�ater•. The �raste�rater- gener-ated as a result of these processes is seat to the n,asten,ater treatrnentplant,
according to the permit application. Me �t%ere hiforined that the Cheniours' polymer processing aid (additiona.1
GenX compounds) mauufactua hi g area is a closed loop system. In other words, the waste generated during
these processes is captured on -site and not discharged to the riwr.
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 �rer•e all identified in the 2016.application and all pr•ei,ious applications as HI. 10 monomer (ivlrich are
being r ekrr•ed to as GenA) and the i4ny1 ether rnonc. wer.s.
DEQ-CFW 00082939

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?
lire '0 16 reneiA%ul qj-)[,hcafion does mention HFI-D monomer (i4iich is beiig i-eftrrel to cis GenX) and the
L'iqvl Eihei- monomers in the ii,aweii,aler.
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 incori-ect. Please see cwsiA� ei-s abo iv.
Again, I'm writing this story today. In fact, I'll have most of it finished before noon.
Regards,
Vaughn Hagerty
DEQ-CFW-00082940