saw UNITED STATES



f; .951: i ENVIRONMENTAL PROTECTION
AGENCY
meg. WASHINGTON, DC. 20460

Pao?-c'

OFFICE OF
LAND AND EMERGENCY
MANAGEMENT

NOTICE OF TEMPORARY OBJECTION

December 19, 2018
Ir. C. Hoppener
Hoofd afdeling Vergunningen Afval
Industrie en Bedrijven
ILT/Risicovolle stoffen en producten/EVOA
P.O. Box 24062
3502 MB Utrecht
The Netherlands

Re: EC Notice ID: NL608356
EPA Notice ID: 02093 6/1 11/18

Dear Sir or Madam:

In accordance with Chapter II, Paragraph of the OECD Council Decision
INAL as amended, the Environmental Protection Agency (EPA) wishes to
temporarily object to the noti?cation from CHEMOURS NETHERLANDS B.V., DORDRECHT
(Chemours Netherlands), to THE CHEMOURS COMPANY, FAYETTEVILE, NC (Chemours
Company). The reason for this temporary objection is that EPA has not yet had an opportunity to
review more current, detailed information concerning the wastes to be shipped and the
management of the wastes. We will advise you of any further decision after a thorough review of
the additional information listed below is completed.

In order to complete our review, we require additional information regarding the current
import shipments of waste and management of ?uorine-containing surfactant FRD-902 NL-
recovered from Chemours Netherlands to the Chemours Company, identi?ed as 
Recovered? (20-30% FRD-902), (40-70% FRD-902), and NL-
Recovered? in the Notice of Intent NL608356, and collectively referred to as ?GenX
compounds.? For the purposes of these questions, ?GenX compounds? also refers to HFPO
Dimer Acid (CAS No. 13252-13-6, also known as RD-903 or P-08-508), HFPO Dimer Acid
Ammonium Salt (CAS No. 62037-80-3, also known as FRD-902 or P-08-509), HFPO Dimer
Acid Potassium Salt (CAS No. 67118-55-2) or HFPO Dimer Acid Fluoride (CAS No. 2062-98-
8).

EPA would appreciate it if you could direct Chemours Netherlands to submit responses

to questions numbered 1-6 below to you and then forward them to my of?ce for; review. For
ease, the responses should be emailed to me at kreisler.eva@epa.gov and
simultaneously:

1.

Please indicate whether GX902 Recovered and K902NCREC are combined prior to
shipment to Fayetteville Works facility. If these waste streams are combined, please
provide details on the process by which they are combined and the location where this
occurs. 

Please indicate whether any other wastes are combined with the GenX compound waste
streams before being shipped to the Fayetteville Works facility. If yes, please identify the
wastes prior to being combined, and submit results from any sampling conducted on the
wastes prior to being combined.

Please explain the reason for the wide variation in surfactant concentrations within the
two GenX compound waste streams shipped to the Fayetteville Works facility, as
indicated in Appendix 5 to the Notice of Intent (20?30% FRD-902 for 
Recovered? and 40-70% FRD-902 for 

Please provide detailed chemical composition information, background safety data, and
toxicity information, including any results from any sampling conducted on the GenX
compound waste streams shipped to the Fayetteville Works facility, performed in
accordance with the Toxicity Characteristic Leaching Procedure, Test Method 1311 in
?Test Methods for EValuating Solid Waste, Physical/Chemical Methods,? EPA
Publication SW-846 31 l-toxicig;
or a similar appropriate method.

Please identify all other locations (in the United States and otherwise) that receive GenX
compound waste streams generated at the Dordrecht Works facility for reclamation,
including the speci?c amounts received for reclamation.

Please provide copies of the movement documents (?international manifest?) detailing
the transport, receipt, and reclamation of each shipment of GenX compound waste
streams under prior consent numbers NL608171 and NL603 976.

In the interest of transparency, I want to inform you that EPA will also be contacting the

Chemours Company to better understand its management of the GenX compound importation.
The questions that EPA will be asking of Chemours Company are:

7.

Please provide results for any sampling conducted on the GenX compound waste streams
after receipt at the Fayetteville Works facility. Please Specify how the amount of
surfactant available for reclamation is determined for each imported shipment of GenX
compound waste streams. Additionally, please indicate the amount of GenX compound

waste stream ultimately disposed after reclamation.-

10.

ll.

12.

13.

14.

15.

16.

Please indicate how waste generated from the reclamation of GenX compound waste
streams is managed and ultimately disposed of. In your reSponse, provide speci?c

information on the ?upper layer? after acidi?cation, the ?distillation residue,? and any

other wastes generated.

Please provide results for any sampling conducted on the GenX compound waste streams
after reclamation. Please provide updated information regarding the
disposition/transportation of the wastes generated from the GenX manufacturing process
and the reclamation of GenX compound waste streams. The Notice of Intent states that
the disposal destination is the Clean Harbors incinerator facility in El Dorado, Arkansas.
Other documentation indicates that all wastevgaters at the Fayetteville Works facility are
being sent to the Texas Molecular facility in Deer Park, Texas for deep well injection.
Please clarify.

Please indicate whether the GenX compound waste streams are mixed or combined at the
ayetteville Works facility prior to reclamation. If so, identify each individual waste
stream mixed prior to reclamation of the GenX compound, and provide a narrative
description of the process for combining the wastes, including the manner and duration of
storage of both the separate and combined wastes. If combined during the reclamation,
please describe where in the process the waste streams are combined.

Please describe the process by which GenX compound waste streams are reclaimed at the
ayetteville Works facility. Please indicate where in the ayetteville Works facility
process the GenX compound waste streams are reclaimed, whether the reclamation
process is separate from the manufacturing process, and whether the reclamation process
is done in batches or is a continuous process.

Please provide a description of any changes made to the GenX manufacturing process to
prepare the GenX compounds for reclamation and handle the removal of unwanted salts.

Please submit documentation which compares how wastes generated from the
reclamation of GenX compound waste streams are similar or different from the waste
generated from the manufacturing of GenX using virgin raw materials.

Please identify the location where wastes generated from the reclamation of GenX
compound waste streams is containerized for disposal (the notice references 55% of the
original spent material).

Please identify all underground piping at the ayetteville Works facility used, currently
or previously, to convey the GenX compound waste streams prior to containerization.

Please describe how the GenX compound waste streams are shipped from the US. port of
entry to the Fayetteville Works facility. Specify whether this waste is shipped under a bill
of lading or hazardous waste manifest.

Thank you for your assistance in this matter. If you have any questions regarding this
correspondence, please do not hesitate to contact me at kreisler.eva@epa.gov and


Sincerely,

Eva Kreisler, Senior Attorney
International Branch

Of?ce of Resource Conservation and
Recovery