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Chemours Consent Order

Author Name, ProPublica

2022-04

Files have been organized into Laserfiche and link according to their respective paragraph or sub-paragraph.

COMPLIANCE MEASURES - SURFACE WATER

Paragraph 10 - No Discharge of Process Wastewater from Chemours' Manufacturing Areas:

Chemours shall not discharge process wastewater from Chemours' manufacturing areas until issuance of an NPDES Permit issued under N.C. Gen. Stat. § 143-215.1 and 15A NCAC 2B ("NP DES Permit") expressly authorizing the discharge of such process wastewater and with such limits as DEQ reasonably deems necessary and appropriate to control the discharge of GenX Compounds and other PFAS. In accordance with applicable law, in setting such limits, DEQ shall take into account available health information including any information produced pursuant to this Consent Order.

Paragraph 11 - Characterization of PFAS in Process and Non-process Wastewater and Stormwater at the facility:

Paragraph 11a - Test methods and lab standards

By January 31, 2019, Chemours shall (a) provide DWR with all known analytical test methods and lab standards for all PFAS in all process and non-process wastewater and storm water at the Facility, including but not limited to all process and non-process wastewater and storm water discharged through Outfall 002, and (b) submit a plan and schedule for conducting non-targeted analysis of all process and non-process wastewater and storm water streams to identify any additional PFAS and developing test methods and lab standards for such compounds. Chemours shall commence implementation of such plan within thirty (30) days of approval by DEQ. Chemours shall follow the EPA's Protocol for Review and Validation of New Methods for Regulated Organic and Inorganic Analytes in Wastewater under EPA's Alternate Test Procedure Program, see https://www.epa.gov/sites/production/ft les/2016-03/documents/chemical-new­method-protocol_ feb-2016.pdf, and shall write each test procedure in the standard EPA format.

Paragraph 11b - Sampling plan

By December 31, 2018, Chemours shall submit a sampling plan to DWR for approval. This sampling plan shall include proposed locations for the sampling to carry out the initial characterization of all PFAS described in subparagraph ( c ).

Paragraph 11c - Initial characterization

Within thirty (30) days of approval of the sampling plan, Chemours shall commence submission of quarterly reports to DEQ identifying PFAS constituents and initial concentrations at any level above the practical quantitation limit in all process and non-process wastewater and stormwater at the Facility, including, but not limited to, all process and non-process wastewater and stormwater discharged through Outfall 002. As part of these reports, process and non-process wastewater and stormwater shall be characterized from each of Chemours' manufacturing areas as well as from the manufacturing areas of Chemours' tenants, Kuraray and DuPont. Similar testing for PFAS constituents in the raw water intake shall be performed in conjunction with other sampling in order to assess background concentrations. The final quarterly report shall be submitted, and initial characterization of all PFAS completed, no later than eighteen (18) months after approval of the sampling plan.

Paragraph 11d - Ongoing sampling

For all PFAS for which test methods and lab standards have been developed Chemours, at least every two months, shall sample for each such PFAS at approved locations and report the results to DWR. Approved locations shall, at a minimum, include the locations described in subparagraph 11 ( c ), unless Chemours has demonstrated through its initial characterization that a manufacturing area does not contribute to PFAS loading. After two years of such sampling, Chemours may request that DWR agree to a reduced sampling frequency.

Paragraph 11e - Ongoing duty to disclose

Chemours shall have an ongoing duty to disclose (i) any previously undisclosed PFAS and concentrations of any previously undisclosed PFAS in all process and non-process wastewater and storm water at the Facility, and (ii) any new process or production that may lead to the addition of any previously undisclosed PFAS in process and non-process wastewater and stormwater at the Facility. For any such PFAS, Chemours shall provide DWR with available test methods and lab standards as specified in subparagraph (a) above.

Paragraph 11.1 - Characterization of PFAS Contamination in Downstream Raw Water Intakes

Within six months of entry of this Order, Chemours shall submit an analysis to DEQ reporting contributions of PFAS (including identification and mass loading of each PFAS) from the Facility to the raw water intakes of downstream public water utilities.

Paragraph 11.2 - Characterization of PFAS Contamination in River Sediment

Within six months of entry of this Order, Chemours shall develop a plan for assessing the nature and extent of PFAS sediment contamination in the Cape Fear River originating from the Facility, and submit the plan and a schedule for implementation to DWR for approval. Within thirty (30) days of DEQ's approval of the plan and schedule by DWR, Chemours shall commence implementation of the plan. Upon completion, Chemours shall summarize its findings in a report to be submitted to DEQ, Cape Fear River Watch, and to downstream water utilities.

Paragraph 12 - Accelerated Reduction of PFAS Contamination m the Cape Fear River and Downstream Water Intakes

In order to reduce PFAS contamination in the Cape Fear River and in the raw water intakes of downstream public water utilities on an accelerated basis, within six months of entry of this Order, Chemours shall submit to DEQ and Cape Fear River Watch a plan demonstrating the maximum reductions in PFAS loading from the Facility (including loading from contaminated stormwater, non-process wastewater, and groundwater) to surface waters, including Old Outfall 002, that are economically and technologically feasible, and can be achieved within a two-year period ("PFAS reduction targets"). The plan shall be supported by interim benchmarks to ensure continuous progress in reduction of PFAS loading. If significantly greater reductions can be achieved in a longer implementation period, Chemours may propose, in addition, an implementation period of up to five years supported by interim benchmarks to ensure continuous progress in reduction of PFAS loading. In demonstrating maximum reductions in PFAS loading to the Cape Fear River, Chemours may take into account the PFAS loading reductions to be achieved pursuant to subparagraph 12(e). Subject to approval by DEQ, the plan may include actions to be undertaken by other entities that have contributed to the need for such remediation. Chemours shall simultaneously transmit the plan to downstream public water utilities. DEQ will make DEQ staff available to meet with downstream public water utilities to receive input on the plan. The plan shall include a model accounting for all sources of PFAS (including identification and mass loading of all PFAS) from the Facility contributing to the loading of PFAS into the Cape Fear River, Willis Creek, Georgia Branch, and Old Outfall 002. The model shall be prepared by a third party approved by DEQ after consultation with Cape Fear River Watch. Prior to conducting the modeling analysis, the third party shall submit to DEQ for approval a scope of work describing the modeling analysis. DEQ shall consider all timely comments received from Cape Fear River Watch prior to agency approval of any such document. DEQ and Cape Fear River Watch shall review the plan developed by Chemours, and the Parties shall work together in good faith to determine if the PFAS reduction targets identified by Chemours represent the maximum reductions that are economically and technologically feasible, and can be implemented over a two-year period ( or longer as proposed in an alternate plan), or whether the Parties can identify and agree upon further reductions. The burden is on Chemours to demonstrate that the concentrations of GenX and perfluoro-1- methoxyacetic acid (PFMOAA) detected in Outfall 002 cannot be reduced by at least 80% from baseline levels, including after measurable storm events, as defined in 40 C.F.R. 122.2l(g)(7)(ii), within 2 years. By September 30, 2019, Chemours shall complete, at a minimum, monthly surface water sampling in Old Outfall 002 (beginning no later than March 2019) at the locations marked A (mouth of stream), A (seep), B, C, D, E, Option B (proposed dam), and Creek A2 in Attachment A for any PFAS for which test methods and laboratory standards have been developed as of the date of entry of the Consent Order. Also by September 30, 2019, Chemours shall complete pilot scale testing of treatment equipment to determine its control efficiency for all PFAS identified in Old Outfall 002. The results of this pilot testing shall be supported by at least three (3) months of sampling data, and submitted to DWR for review and approval. In addition, within ninety (90) days of entry of this Consent Order, Chemours shall submit a plan analyzing the options below and implement one of them upon approval by DEQ and Cape Fear River Watch: Provided that DEQ issues any necessary permits authorizing such discharge and subject to any conditions imposed by such permits, and provided that any other permitting authority with jurisdiction over the project issues any other necessary permits, by September 30, 2020, at or near the Option B location (proposed dam) depicted in Attachment A, Chemours shall implement a system to capture the dry weather flow at that location and treat such water prior to discharge pursuant to such permits or authorizations as DEQ may issue. Chemours shall submit timely and complete applications and take all other actions necessary to obtain any necessary permits or authorizations to carry out the requirements of this paragraph. The treatment system shall meet such discharge standards as shall be set by DEQ, and shall, in addition and at a minimum, be at least 99% effective in controlling indicator parameters, GenX and PFMOAA; By September 30, 2020, Chemours shall implement such measures to reduce PFAS loading from Old Outfall 002 to the Cape Fear River that will achieve results that are demonstrated to be equivalent to or greater than the reductions that would be obtained under subparagraph (i) above.

Following the completion of the groundwater remediation set forth in Paragraph 16, Chemours shall remove any dam(s) placed within Old Outfall

002 and restore the channel to its condition prior to the installation of the dam.

Provided that the Parties come to an agreement regarding additional PFAS reductions, within eight months after entry of this Order, DEQ, Cape Fear River Watch and Chemours shall jointly move to amend this Consent Order to incorporate any agreed upon reductions as enforceable requirements of this Consent Order as well as stipulated penalties for non-compliance. If DEQ, Cape Fear River Watch, and Chemours are unable to mutually agree upon additional PFAS reductions within eight months after entry of this Order: (i) the Parties may jointly stipulate to additional time in which to submit a joint motion to amend, or (ii) Cape Fear River Watch, DEQ, and Chemours may bring any dispute regarding the additional reductions before the Court for resolution. In resolving any such dispute, the Court shall, in addition to considering testimony by qualified experts presented by the parties, give due regard to the demonstrated knowledge and expertise of DEQ with respect to the evaluation of the economic and technological feasibility of environmental remediation and the application of that knowledge and expertise to other remediation projects. After the Court amends this Consent Order or otherwise resolves this issue, Chemours shall commence implementation within thirty days of such an amendment or other resolution of the issue, and comply with the reduction targets mandated. Nothing in this paragraph shall be construed to limit Chemours' obligations to submit and implement a complete Corrective Action Plan pursuant to paragraph 16, but Chemours may propose such a Corrective Action Plan that integrates the requirements of this paragraph.

Paragraph 13 - Facility Site Visit

By February 28, 2019, Chemours shall provide DEQ and Cape Fear River Watch with a tour of the exterior grounds of the Facility, including Old Outfall 002, Outfall 002, the terracotta pipe (which formerly carried industrial process wastewater), discharge locations to surface waters, and the proposed sampling locations contemplated by paragraph 11 (b ).

Paragraph 14 - Toxicity Studies

Within thirty (30) days of entry of this Consent Order, Chemours shall submit a plan and proposed schedule for review and approval by DEQ for funding and facilitating the conducting of an initial set of toxicity studies by a qualified third party approved by DEQ relating to both toxicity assays informative to human health and aquatic life sufficient to aid in development of surface water and groundwater regulatory standards for up to five PFAS as determined by DEQ. The plan shall provide for the studies and parameters identified in Attachment B as well as technologically feasible dosing parameters to be agreed upon by Chemours and DEQ. Chemours shall implement the measures set forth in the approved plan. DEQ reserves the right to seek additional toxicity studies or additional health, chemical persistence and environmental fate information beyond the scope of the initial set of studies required by this paragraph. DEQ shall consider public comments in determining what additional toxicity studies or additional health, chemical persistence and environmental fate information are needed. Chemours reserves the right to contest any efforts by DEQ to seek additional toxicity studies or additional health, chemical persistence and environmental fate information from Chemours beyond the scope of the initial set of studies required by this paragraph. Additionally, modification of toxicity study(ies) specified in Attachment B shall permitted, upon agreement between DEQ and Chemours, only if DEQ determines that such modification will provide substantially better information. Any dispute with respect to this paragraph that the parties are unable to resolve after good faith negotiations shall be resolved by the Court, which shall determine whether the disputed activity is reasonably necessary to achieve the objectives of this paragraph.

Paragraph 15 - Notice to and Coordination With Water Utilities

In the event of an upset or other operating condition at the Facility that has the potential to cause (i) a discharge of GenX Compounds or any PFAS for which analytical test methods and lab standards have been developed into the Cape Fear River through Outfall 002 at concentrations exceeding 140 ng/L, or any applicable health advisory, whichever is lower, or (ii) a material increase in the concentration of any PFAS in effluent being discharged into the Cape Fear River through Outfall 002 or any future permitted discharge, Chemours shall provide notice to downstream public water utilities, DEQ, and Cape Fear River Watch within one (I) hour of knowledge of the condition. Chemours shall maintain a list of appropriate contacts of downstream public water utilities, which Chemours shall routinely update by requesting contact information from DEQ. Chemours shall also post a description of the condition including any estimated quantity of the release on a publicly available website within twenty-four (24) hours of knowledge of the condition.

Files previously listed on this webpage pertaining to Surface Water have been organized and placed into DEQ's online database called Laserfiche. These and all other files related to Surface Water will be posted to Laserfiche.
[END]

[1] URL: https://deq.nc.gov/news/key-issues/genx-investigation/chemours-consent-order
[2] URL: https://creativecommons.org/licenses/by-nc-nd/3.0/us/
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