DEQ-CFW_00083545

ROY COOPER
Nt:tCHAE'L S. REGAN
September 5, 2017
VIA ELECTRONIC NIC MAIL AND O'ER:I*llGl l I` DELIVER
Mr. Ellis H. cGaua,ghy
Plant Manager
The Chenio rr Company
Fayetteville. -North Carolina 28306-7332
Subject: 0-Day Notice of intent to Suspend NPDES Permit NCO003573
The Cheniours Company, Fayetteville Works
Saar Mr, McGau,ghy-
ursuant to 155A NCAC 2I-f .01.1 2(,b)(4) and 11 , 114(a), the North Carolina I epartrnent of
Environni ntal Quality ( EQ), Division of Water Resources (DWR) hereby provides notice of
its intent to suspen(I P PI)E.S Permit NC0003573 (Per.nnt) in 60 days.
Under 1 A NCAC 2I1.f11 l 2(b)(4) and 2H <O 114(a), MR, is authorized to suspend a permit o
multiple bases, in lt:ldin fiir "obtaining a l�aa�a:it � ai�:i�r� r�:��.r�tatir�a� €.�r Iiaiture to discR)se fully
all relevant facts." These raffles further zt€rthoria:a DNNa to suspend a permit based on the criteria.
in 40 CFR. 1 3 62, which incorporates the provisions of 40 CFR 12164, he criteria fim
suspension incorporated from 40 t.:,FR 122.64 include hJflh : mi-nitte s failure in the application
or during the permit issuance process to disclose fully all relevant facts. € r the per natty e"s
misrepresentation of any relevant feats at any time," The criteria listed in 40 CFR 122.62 also
authorize f W.R to suspend a permit based on the receipt of new inf rniat:ion that was not
availall at the tinof permit issuance aid ``would 1avej tifitl the application of different
permit conditions at the bane of iss-uanci��."
Based on our nn;ie,k, of the history ofNPDEI'S Petnrit.NC0003573 for the Cla rar urs. Fayetteville
` r a, there is sufficient cause to suspend the Permit under the provisions sited in this letter,
We have found no evidence in the permit file indicating that f her€ o ra or DuPont (t:'hortoura`
predecessor) disclosed the discharge to surtac� grater of Gen compounds at the Fayetteville
Works. In particular, the NPDES permit rc., ewmal applications submitted to DWR, contain n
reference to ."GenX" or to any �11ernical name, foiin laa or CA.S .ri- arallaer that would identify and
GerLX compounds in the discharge.
In fact, the. info n-nation provided by DuPont and Chemorars laid DW Il. staff to reasonably believe
that no d .s�'.h,:.+rg of Genx had occu:n- d. On A1a,gwt ` 6, 2010, representatives ofDuPont, met.
Stsi t oFNonh Cuolina j Fmviiori j�,,Pul Quality
1611 h1t i t sr Ise C'e.at r ales h, "Vs?rr1� t i� s sc3a. ^ ,0 ..16"3
DEQ-CFW 00083545

with DEQ representatives. During that meeting, the DuPont representatives pTovided all update
on the anticipated use of Gera,: tech ologi at the Fayetteville Works xs a r placeraa. rat for the
partlu rrinat :l compound PF'O, . However, the infom ation DuPont provided indicated tbat the
e compounds would be produced in to closed -loop syaterat that would not result in the
discharge of those compounds into the Cape Fear River, DEQ has f .trd ra.ta evidence of Dra.Ps n.t.
notil'ying DEQofan.. actual discharge of GenX compounds at this rriceting or in any information
provided to DEQ subsequently by either DuPont or Chemours. Further,, DuPont and Chemours-
did not provide to DEQ any health studies related to the t enX compounds,
OnJune 12, 2017, after substantial media coverage regarding than presence of GemX in the gape:
Fear River,, Cheniours informed DEQ in a irieeting that for several decades, GeiIX carer ow -Os
had been produced as byproducts at the Fayettcvillc Works, and GenX had been routinely
discharged into the river, Similarly, it was not until "'2017 — and only at D's insistence -- that
Chen-iours provided.13EQ with the health studies on Gen . c,€rmpounds that had been. conducted
previously by DuPont or hernours.
In short, prior to 2 0 17:
• DuPont and Ch rrotrr s failed to notify, DEQ that GenX errmlsounds had been
discharged into the Cap, e Fear River,.
• DuPont and Chemours led DEQ to believe that G e.nX production was occurring is a
closed :Loop system that wa l.tl not result in d ch..ar as to the Cape Fear lei er, and
• DuPont and Cberarours 1-.a.i.led to lrrov'ide DEQ with any health studies relating to
Gera
DuPont and Clrearrourax ongoing misrepresentations and inadequate disclosures, Miich have only
recently come to light, shielded important infortnation from. DEQ and the public, They also
deterred DEQ staff tiorn inquiring larrtbQr into thenature of GenX discharges and ether related
ati,-itlat the Fayetteville rla Had the appropriate disclosures been ra.rla, it wo ali have
justified the afr lic atioti of one or more different permit conditions at the time the Pen.nit was
issued, such as monitoring and reporting requirements, appropriate health -based water quality;
stwadards, effluent limits, or evaluation of alternatives to discharging Gen.x compounds and
other chemicals in the process 'vart water at the Fayetteville Works,
Baked on these dixcumstances, DWR has determined that it will suspend the Permit unless
Chcrrrrrars complies with all of: the following actions:
(i) Continue to prevent °hernours` discharge of all GenX, compounds into the Cape Fear
River,
(2) By September 8_, 2017, cease Chem errs' discharge of process wastewater into tile
Cape Fear River of the chemicals with formulas of C -7: F3_,M and t.-,H;.,E. 4O5S with
respective CAS Numbers 293 t I-67-9 and 7 98 3d-2 0-'2 (identified by EPA as Nafio
h1;Yirroducts and 1 and 21)e
DEQ—CFW 00083546

{a) By October 20, 2t117, cease C'`hemo rs9 discharge of process wastewater into the Cape
Fear River of any other perfi on atod or polyfl orinat d compound without an
effluent limit in the Permit; and
() Provide complete responses to all outstanding requests for information issued to
C hemours by DEQ according to the deadlines previously sot by DEQ, including the
July 21,, 2017 letter -froze DEQ Secretary Michael Regan. (requesting records i
related to the discharge of GenX and other emerging nta sinants); the august 16,
2017 letter from. William Lane (requesting access or con. sent for the release of
C'hemours confid lial Nosiness information in the possession of EPA)- the August
18, 2017 letter fom Teresa Rodriguez (requesting detailed information about
wastewater streams at the FayettevilleWorks); and the august 29, 2017 letter from,
'Linda Culpepper (providing clarification and shortening the deadline for D)X-R's
August 18 letter). Copies ofthese requests are attached. DECK acknowledges the
receipt of responses from C:heniours on August 18, August 25, and September 1,
2017, but notes that those responses do not provide complete information.
DEC will. use this inforrriati€ n along with any other relevant toxicological and.
epidemiological data, study results, and calculations to evaluate the potential
establishment of appropriate permit conditions its accordance with 15A NC;AC:' 02B
regulations that are protective: of human health and aquatic life for compounds
identified in items (2) and (':0 above.
Pursuant to N.C".G. . § 15 13-3(b), 1: WR will provide an opportunity for C"heniours to show
compliance with all lawful requirements for retention of the pei-nut. Please contact me to
schedule a -meeting.
Sincerely,
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
= Michael Johnson, C he ours
DEQ-CFW 00083547

a vir'orrrr en al
Quality
July 21, 2017
Mr, Bilis H.:Iv1eGaughy
Plant Mankger
The Chernvurs Company I'C, L,L:C
DBA, CYhe_mours Company- Fayetteville Works
222 /1-8 NC. Highway 87 West
Fa ett ville., North Carolina 8306-7332
Dear Mr. cGaug y;
MICHAEL S. pEGAN
The presence ol.'GenX and other emer�wing on in the Cape Fear Diver is air .issu ofsignificant
concern in the Cape Fear River watershed, The. e. North Carolina Department of 1-`-nvironmental Quality
(DE ). in collaboration with the North Carolina Do artmeut of Health and Human. Services (I)BES), is
investigating this important issue.
It is our understanding that C hemours (and proviou ly DuPont) has been discharging GenX into the Capp::
Fear River dating back to the 1 0's. As previously requested, and in emki n.ctimi with our review of your
pending INPI)ES renewal application and pursuant to NCGS 143-1-13 1(a,.)(1 ), please submit to C)EQ any
and „r.11 records in the possession 4rt C:hemours related to the discharge of C$ertX and rear emerging
contaurinant:s. This includes records pertaining to production levels of GenX and other products for which
emerging € onta:minants are a by roduct, dischar&T levels of emerging eontaaminann :into the Cape; fear
River err an-yivhere else.; and sampling data in your possession related to discharge of GenX and ether
emerDng contaminants recently and in the paste Finally, I ask that you lnun diately inform DEQ of any
records relevant to this request $hat you are aware of but: that are not in the possession n of Chemo rs,
Please submit the requested inlormati€ n as .goon as possible, but: no more than 14 days from the date of
this letter to -
NC Dept, ref nvir ng-nental Quality
Division of Water Resources
A INS Linda Culpepper
1636 Mail Service Center
l €r:lai h, NC 2:2699-163
Thank you for y€rur cooperation on this matter,
Sincerely,
M.i.chael Regan
Secretary
StA e. of No h Cai 4na ; Fr;v;rdiene;t i QuaRty
?7 ti'e,* Jvrae ate Ft i is 1r 4alf Set{� Ge.:?rl�igh, T vrrh;sarui t '7i`s 3 ? 16E
1119 ;.70 8600
DEQ-CFW 00083548

ga;
M, rgo
R. Steven DeGeorge,r
101 N. Tryon'lt'
Charlotte,irth Carolina 28246
MICHAEL S. REGAN
Secretary
WILLIAM F. LANE
General counsel
OErr rr r r ••11111 , * l
received your letter dated August 2, 2017, that yousubmitted on behalf of r
For purposes of 1 to "emergingincludes
following
FORMULA
CAS No. if available
Monoether PFECAs
C3HFsO3
C4H F703
CsHF903
863090-89-5
C6HFi103
13252-13-6
C7HF1303
C8HF1503
Polyether PFECAs
C7HF1307
39492-91-6
C6HF1106
39492-90-5
CsHF90s
39492-89-2
C4HF704
39492-88-1
PFESAs
C7HF1305S
66796-30-3
C7H2FAOSS
Other
CF20
CF2
PFOS
C8HF1703S
1763-23-1
PFOA free acid
C8HFls02
335-67-1
All chemicals identified in
the handout that was
provided by Chemours to
DEQ during a site visit on
July 27, 2017.
State of North Carolina 1 Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919 707 8600
DEQ-CFW 00083549

Y •
August
Page 2
sooner
possible.
m 1 1 •• • t i
Confidential Business Information`!uest ffr Chemours to
provide DEQ with the following information, or alternatively, to give consent for EPA to
provide such inf• • f'
Information, including CBI, submitted to EPA by Chemours or its predecessors relateNg
to the TSCA chemical registrationfor of i
Carolina facility; I
All iconducted by • or predecessors for all
manufacturing areas •wastewateroutfalls001 and 002described in the current
t human health, toxicity;and aquatic/'. or " dt information,including is
submitted to EPA by Chemours or its predecessors relating to chemical processes at the
Fayetteville facility.
�� t • •' f•I • 1 • ' • 1 1 •
indicating whether Chemours will provide the requested information or consent to EPA's
release ofthis informationf:
t J • • •I': • 1•
Sincerely,
William F. Lane
. _ 11M. • 1 1 i - •
DEQ-CFW 00083550

ROY COOPER
MICHAEL S. REG AN
S. JAY ZIMMERMAN
August 18, 2017
Mr. Ellis H. McGaughy
Plant Manager
The Chemours Company
22828 NC Highway 87 W
Fayetteville, NC 28306-7332
Subject: Request for Additional Information
NPDES Application NC0003573
Fayetteville Works
Dear Mr. McGaughy:
The Division has reviewed your application for the subject permit. To enable us to complete our review
in accordance with N.C.G.S. 143-215.1 and 15A NCAC 2H.0105, please provide additional or revised
information to address the following comments:
l . Revise the renewal application to update the description of the wastewaters discharged to the
WWTP addressing the removal of all process wastewaters containing HFPO dimer acid and any
other changes since the application was submitted in 2016.
2. Sample and provide test results from Outfalls 001 and 002 for pH, TSS, COD, PFOA, PFOS,
manufacturing operations specific organics, metals, all the chemicals on the handout provided to
DEQ on the July 27, 2017 site visit, and PFECAs compounds. The PFECAs compounds at a
minimum shall include the list provided in the August 16, 2017 letter to R. Steven DeGeorge,
Esq. Sampling shall be performed during dry weather.
3. Provide a flow schematic of Chemours process areas showing sumps, quench baths, and all points
of discharge to the WWTP. The schematic should reflect actual average flows. Estimated peak
flows can be submitted on a separate schematic.
4. Provide a description and characterization of the wastewaters from each point of discharge to the
WXXTP. The wastewater characterization shall include an analysis of pH, TSS, COD, PFOA,
PFOS, manufacturing operations specific organics, metals, and PFECAs compounds.
Specifically, testing shall be performed at each discharge point for the parameters listed above
and the chemicals on the list provided to DEQ on the July 27, 2017 site visit, if believed to be
present at that discharge point.
5. If not all the manufacturing processes are running during the time of sampling, identify the
processes that were sampled and submit a schedule to sample so that wastewaters from all
manufacturing processes that run-in campaigns are tested. Submit this data to DEQ as it is
received from the laboratory.
6. Provide a revised mass flow balance schematic that reflects the actual long-term average
discharge from Outfalls 001 and 002. Estimates on peak flows can be provided separately.
7. Provide a revised flow balance for the DuPont wastewater treatment discharges including flows
from water treatment units as well as process wastewater flows.
8. Provide an electronic copy of the site's BMP plan addressing spill response procedures.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 707 9000
DEQ-CFW 00083551

Historical sampling data, no greater than 4.5 years old, may be submitted provided it is representative of
the current wastewaters being discharged.
Please provide your response within 60 calendar days. All the responses shall be submitted to:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: NPDES Complex Permitting
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact me at 919-807-6387 or email at Teresa. rodriguezL)ncdenr.gov.
Sincerely,
Teresa Rodriguez
NPDES Complex Unit
Division of Water Resource s/NCDENR
cc: Linda Culpepper, Division of Water Resources
DEQ-CFW-00083552

ROY COORER
N11CHAEL S, RE-GAN
S, JAY ZIMMERMAN
August 29, 2017
Mr. Ellis H. Mc Gaughy
Plant Manager
The Cheniours Company
22828 NC Highway 87W
Fayetteville, North Carolina 28306-7332
Subject: Request for Additional Infon-nation
NPDES Application NCO003573
Fayetteville Works
Dear Mr. MeGaughy:
As a follow up to our Department of Environmental Quality (DEQ) August 1. 8, 2017 letter issued
by Teresa Rodriquez we are providing clarity on our request for additional information -
Item 2— Sample and test results should include all the chemicals listed ire the Aubmst 16,
2017 letter fain DEQ to R. Steven DeGeorge, Esq.
Item. 4 — In providing a description and characterization of the wastewaters from each
point of discharge to the wastewater treatment plant (WW'rP), provide the requested
infortnation available for the following chemicals by Friday September 1., 2017:
FORMULA CAS No.
Monoether PFECA C31 503 674-13-5
Polyether PFECAs CsHI`90,s
39492-89-2
C4HP?04
39492-88-1
PFESAs, C7HF1305S
66796-30-3
C?H2F1405S
749836-20-2
Our expectation is that your anabylical methods are capable of detecting and quantifying
I
levels of these constituents in units of ng/L.
Further, DEQ requests Chernours provide all other requested sample analysis information in an
expedited manner by September 18, 201.7. Please submit the requested information to:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: NPDES Complex Pennitting,
1617 Mail Sen ice Center
Raleigh, North Carolina 27699-1617
sixe o'1 �. rih cal-olina I Qlm-jily
1 611 Mail &� ryice CS. uz ROcigh, Noilb Caxo1in9-27699-A 611
9 9-707-1>000
DEQ-CFW-00083553

Mr. Ellis H. McGa-u.g*hy
August 29, 2017
Page 2
Tf you should ..eve)
any questions, please contact me at 919-707-9014 or via email aFCL t
.................
Sincerely,
Linda Culpepper
Deputy Director
Division of Water Resources
cc: Teresa Rodri guez
DEQ-CFW-00083554