DEQ-CFW_00083959

OY COOPER
S. JAY ZIMMERMAN
September 5, 2017
VIA LECTR1: NIC 1A11-, AND OVERSIGHT DELIVERY
11r , Ellis 1.1. McGa gh
Plant N/Tarra. er
The Cherrrours Company
22828 NN;1.1lphway 87W
Fayetteville, North Carolina 28306-7332
Subject: 60-Day .Notice of Irrterrt to Suspend N PDES Permit NC00035 7:3
The Cherrro rs Company, Fayetteville Works
Dear Mr.'McGaughy:
Pursuant to I 5A .NC_,kC 21-1 .t1112(b)(4) and 21 ,11114(a), the North. Carolina Depar inert of
Environmental, Quality ( E ), Division of Water Resources (DWR) hereby provides notice of
its intent to suspend NPDES Permit NCO003573 (Pon -nit) in 60 days.
Under 15A .' CAC 2="I ,1111.2(b)(1) and 2 -1 ,011 l(a), DWR is authorized to suspend a permit on
multiple bases, including for "obtaining a$ pert -nit her misrepresentation or failure to disclose fully
al.l relevant facts," These rules further authorize DWR to suspend. a perrrrit based on the: criteria
in 40 CFR 122.62, which incorporates the provisions of 40 CFR 122.64. The criteria for
suspension incorporated front 40 CFR 122.64 include "[-t]he perrrrittee's failure in. dr.e application
or during the permit issuance process to disclose fully a:ll relevant facts, or the perrrrittee's
n-kisrepreserrtatiorr of any relevant facts at any time." The criteria listed in 40 CFR 122.62 also
authorize DWR to suspend a. permit based on the receipt of -now information. that was not
availaible at the time of permit issuance arrd ;, would have justified the application of different
permit conditions at. the tit-ne of issuance,"
Based on our review of the history of NPDES Permit NCO003573 fbr the C hertiours Fayetteville
Works, there is sufficient cause to suspend the Permit trader the provisions cited in this letter.
We have found no evidence in the permit file: indicating that C'hernours or DuPont (Chernours'
predecessor) disclosed the discharge to surface water of GenX eorrrpounds at the Fayetteville
Works, in particrilar, the NPDE S permit renewal applications submitted. to DWR contain no
reference to-"GenX"" or to any cherrrieal rr��rrre, formula, or CAS number that would identify any
Germ compounds in the, discharge.
In fact, the inibrmation provided by l3uPorrt and C errrours led DWR staff to reasonably believe
that no discharge of GenX had. occurred. Oii zkGig tst 2d, 2010, representatives of l')tlPorrt, tact
Sum, <39'NoTtt3 Carolit33 I Envimnmcnt<3i Quality
1611 ii ,H 5eavxe Center I Raleigh, ` o3-[h Ca dina 77699-16l 1
DEQ-CFW 00083959

with f:lEQ representatives. During that meeting, the DuPont representatives provided an update;
n the anticipated use of GenX technology at the Fayette llle Works as a. replacement for the
per luorinat d compound PFO . However, the infortnation DuPont Provided indicated that the
GenX compounds would lx� produced In a closed -loop system that would. not remelt in da.e
discharge of those compounds into the Calic, ;rear iver� DEQ has found no evidence ofDuPont
notifying IYEQ of an actual discharge of GenX compounds ands at this meeting or in any infiaaraa.ation
provided to DEQ subsequently by either DuPont t or t: hemou.rs. Further, DuPont and Chern urs
didnot provide to DEQ any health studies. related to the Gen compounds.
On Jump , 12. 20.1.7. aftcr Daub tantlal. media, coverage re arding the presence, of Gem in th.e gape
Fear River, Clicanours informed DEQ in a reeting that for several decades, GenX­cornpounds
had been produced as byproducts at the Fayetteville Works, and GenX had been routinely
discharged into the river. Similarly, it was not until 2017 — and. only at l�Et 's insistence ..... that
Chera-ours provided l EQ with the. Health studies on Gencor pounds that. had been. conducted
previously by DuPont ont or Chemours.
In abort, :prior to 1017
DuPont and. Chertiours faded to notify DEQ that GenX € ompo nd.s had been
disc named into the Cape Fear River,
l uPo,nt and Chenioaars� led DEQ to believe that Ge. production was occurring in a
closed loop system that would not result in discharges to the Cape Fear River, and
DuPont and Chemours laird to provide EQ with any health studies relating t
Gen —XL
DuPont t and l rracaur g ca ;onw, misrepresentations and. inadequate disclosures, -which have only
recently come to light, shielded important information firom DEQ and the public. 'T'hey, also
deterred 1R EQ staff ftom. inquiring fuittier into the mature of Gen.. discharges and other related
activities at the Fayetteville Works, Had the appropriate disclosures been made, it wouldhave
justified the application of one or more different pera It condition-, at the time the Permit was
issued, such as nionitoring and reporting r tluirements, appropriate health -based water quality
standards, effluent limits, or evaluation ofalternativi��,s to dischar2ljng GenXcompoundsand
oth - chemicals in. the process wastewater at the Fayetteville Worics.
Based on these circumstances, D R has detem ined that it will suspend the Pen -nit, unless
Chei:raours co npli.es with all of the following actions:
t 1) Continue to prevent Chemours' discharge of all GenX compounds into the Cape Fear
River;
2) By.g ptcna leer 8, 2017, coa e Chem.ours' discharge of process wastewater into the
Cape ear River of the chemicals with l:urrnulaa ofC7HEa3 :5S and C7H—?Ea411,Sg with
respective CAS Numbers 29311-67- and 74 36-20-2 identified by EPA as %alien
byll)rod-acts and 1 and 2);
DEQ-CFW 00083960

(3) By October 20, 2017, cease Chemours" discharge of process wastewater into the Cape
Fear River of any other perfluorinated or polyfluorinated compound without an
effluent limit in the Permit; and
(4) Provide complete responses to all outstanding requests for inforination issued to
Chemours by DEQ according to the deadlines previously set by DEQ, including the
July 21, 2017 letter from DEQ Secretary Michael Regan (requesting records in
related to the discharge of Gen X and other emerging contaminants); the August 16,
2017 letter from William Lane (requesting access or consent for the release of
Chemours confidential business information in the possession of EPA); the August
18, 2017 letter from Teresa Rodriguez (requesting detailed information about
wastewater streams at the Fayetteville Works), and the August 29, 2017 letter from
Linda Culpepper (providing clarification and shortening the deadline for DWR's
August 18 letter). Copies of these requests are attached. DEQ acknowledges the
receipt of responses from Chemours on August 18, August 25, and September 1,
2017, but notes that those responses do not provide complete infon-nation.
DEQ will use this information along with any other relevant toxicological and
epidemiological data, study results, and calculations to evaluate the potential
establishment of appropriate permit conditions in accordance with 15A NCAC 02E
regulations that are protective of human health and aquatic life for compounds
identified in items (2) and (3) above.
Pursuant to N.C.G.S. § 150B-3(b), DWR will provide an opportunity for Chemours to show
compliance with all lawful requirements for retention of the permit. Please contact me to
schedule a meeting.
Sincerely
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc: Michael Johnson, Chemours
DEQ-CFW-00083961