DEQ-CFW_00074691

Holman, Sheila
From: Kritzer, Jamie
Sent: Wednesday, August 23, 2017 7:25 AM
To: Holman, Sheila
Subject: FW: Vaughn: answers to your questions
Jamie Kritzer
Communications Director
N.C. Department of Environmental Quality
919-707-8602
919-218-5935
' `"Nothing Compares -
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Kritzer, Jamie
Sent: Monday, July 10, 2017 1:37 PM
To: Grzyb, Julie <[e-mail]>; Brower, Connie <[e-mail]>
Cc: Munger, Bridget <[e-mail]>; Kritzer, Jamie <[e-mail]>; Culpepper, Linda
<[e-mail]>; Holman, Sheila <[e-mail]>
Subject: FW: Vaughn: answers to your questions
Julie, Connie,
I'll call about these in a moment.
Jamie Kritzer
Communications Director
N.C. Department of Environmental Quality
919-707-8602
919-218-5935
KIZ-- --
-
'Nothing Compares
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DEQ-CFW 00074691

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Kritzer, Jamie
Sent: Tuesday, June 20, 2017 5:47 PM
To: Vaughn Hagerty <[e-mail]>
Cc: Kritzer, Jamie <iamie.kritzer([e-mail]>; Sink, Marla <[e-mail]>; Munger, Bridget
<[e-mail]>
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 Ge6X HFPO dimer 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.
See answer to question #2; they did notify us.
2) Has GenX ever been mentioned as part of the Fayetteville Works NPDES permit or permit application?
The permit application describes five different manufacturing areas. In that description, they recognized the
production of HFPO monomer (which is being referred to as GenX) and the vinyl ether monomers in the
wastewater. The wastewater generated as a result of these processes is sent to the wastewater treatment plant,
according to thepermit application. We were informed that the Chemours'polymerprocessing aid (additional
GenX compounds) manufacturing area is a closed loop system. In other words, the waste generated during
these processes is captured on -site and not discharged to the river.
DEQ-CFW 00074692

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 were all identified in the 2016 application and allprevious 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 2016 renewal application does 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.
Again, I'm writing this story today. In fact, I'll have most of it finished before noon.
Regards,
Vaughn Hagerty
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