UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

FEB 1 3 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED

OFFICE OF
ENFORCEMENT AND
COMPLIANCE ASSURANCE

Mr. Mark Vergnano, President and CEO
The Chemours Company
Care of the Corporate Secretary
1007 Market Street
Wilmington, Delaware 19899
Re: Notice of Violation of theToxic Substances Control Act
Dear Mr. Vergnano:
The purpose of this letter is to notify you that the U.S. Environmental Protection Agency (EPA)
has determined thatThe Chemours Company (Chemours) is in violation of theToxic Substances
Control Act (TSCA), 15 U.S.C. § 2601 et seq., and its implementing regulations. Representatives
of the EPA conducted inspections at Chemours' Fayetteville Works facility located near
Fayetteville, North Carolina on June 28 and 29, 2017, and at the Washington Works facility near
Parkersburg, West Virginia on October 17 and 18, 2017. The inspection reports provide a
detailed description of the observations made during each inspection along with observations
from the review of information Chemours provided to the inspectors. As detailed in this Notice
of Violation (NOV), Chemours violated Section 5 ofTSCA, 15 U.S.C. § 2604 and Section 8 of
TSCA, 15 U.S.C. § 2607, and the regulations promulgated at 40 CFR Parts 720, 721, and 711, as
indicated below.
Law Governing Violations
The violations described in this NOV concern the manufacture of new chemicals subject to
TSCA. In creatingTSCA, Congress found, in part, that "(1) human beings and the environment
are being exposed each year to a large number of chemical substances and mixtures; (2) among
the many chemical substances and mixtures which are constantly being developed and produced,
there are some whose manufacture, processing, distribution in commerce, use, or disposal may
present an unreasonable risk of injury to health or the environment . . ."TSCA § 2(a), 15 U.S.C.
260l(a). Congress' primary purpose in creating TSCA was "to assure that such innovation and
commerce in such chemical substances and mixtures do not present an unreasonable risk of
injury to health or the environment."TSCA § 2(b)(3), 15 U.S.C. § 2601(b)(3).
The EPA found that Chemours failed to submit a Pre-Manufacture Notice in violation ofTSCA
Section 5. Section 5 ofTSCA requires anyone who plans to manufacture (including import) a
new chemical substance for a non-exempt commercial purpose to provide the EPA with notice
before initiating the activity.This notice is known as a PMN.
Internet Address (URL) • http://www.epa.gov

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper

 The EPA found that Chemours failed to comply with applicable Significant New Use Rules
(SNUR) and failed to submit a required Significant New Use Notice (SNUN). The EPA can
determine that a use ofa chemical substance is a "significant new use." EPA can issue SNURs to
require notice to the EPA before chemical substances and mixtures are used in new ways that
may create risks. Once the EPA determines that a use ofa chemical substance is a significant
new use, TSCA Section 5(a) requires persons to submit a SNUN to the EPA at least 90 days
before they manufacture (including import) or process the chemical substance for that use. The
SNUN notification obligates the EPA to assess risks that may be associated with the significant
new use.
The EPA found that Chemours failed to comply with a TSCA Section 5(e) order. One outcome
ofthe EPA's review ofa new chemical substance or review ofa SNUN for a significant new use
is the issuance ofan order under Section 5(e) ofTSCA. Most TSCA Section 5(e) orders are
consent orders that are negotiated with the submitter ofthe notification. A Section 5(e) order
typically contains some or all ofthe following requirements as conditions: testing for toxicity or
environmental fate once a certain production volume or time period is reached; use ofworker
personal protective equipment; New Chemical Exposure Limits (NCELs) for worker protection;
hazard communication language; distribution and use restrictions; and, restrictions on releases to
water, air and/or land.
The EPA found that Chemours failed to comply with TSCA Section 8 and the Chemical Data
Reporting (CDR) Rule. TSCA Section 8 gives the EPA the authority to require reporting and
record-keeping by persons who manufacture, import, process, and/or distribute chemical
substances in commerce. The CDR rule issued under TSCA requires manufacturers (including
importers) to give the EPA information on the chemicals they manufacture domestically or
import into the United States. The EPA uses the data, which provides important screening-level
exposure related information, to help assess the potential human health and environmental
effects ofthese chemicals and makes the non-confidential business information it receives
available to the public.
The EPA found, as detailed in this NOV, that Chemours failed to comply with several
requirements ofTSCA. It is unlawful for any person to fail or refuse to comply with any
requirement ofTSCA or any rule promulgated, order issued, or consent agreement entered into
under TSCA, including any requirement for submitting reports, notices or other information and
maintaining records.
Violations
The EPA identified the following TSCA violations at the Fayetteville Works facility:
1. Failure to submit a SNUN for [CONFIDENTIAL BUSINESS INFORMATION (CBI)
DELETED], a chemical subject to a SNUR restricting its annual production to 10,000
pounds. [40 CFR Part 721 for SNURs, specifically [CBI DELETED].]

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 2. Failure to submit a PMN for one chemical substance that was manufactured for a
commercial purpose and not listed on the TSCA inventory. [40 CFR Part 720].
3. Failure to include three chemical substances [CBI DELETED] on the 2016 CDR [40
CFR Part 711].
4. Failure to report to two significant figures ofaccuracy on four chemical substances [CBI
DELETED] included on the 2016 CDR. [40 CFR Part 711].
5. Failure to submit a SNUN for hexafluoropropylene oxide (HFPO), a chemical subject to
a SNUR requiring HFPO to be used in an enclosed process in accordance with 40 CFR §
721.4160. HFPO is manufactured at the Fayetteville facility to be used as part ofthe
manufacture ofother perfluoroalkyl substances (PFAS). HFPO is a separate chemical
with its own limitations for use under a TSCA Section 5 SNUR. On June 13, 2018,
Chemours provided the EPA with HFPO process emissions estimates. The inspection
report for the Fayetteville Works (Attachment A) describes the release ofHFPO to the
environment and the SNUR requirement for Chemours to use HFPO in an enclosed
process.
6. Failure to notify [CBI DELETED], a customer, that HFPO was subject to a SNUR.
Chemours distributed HFPO to [CBI DELETED].
The EPA identified the following TSCA violations at the Washington Works facility:
7. Failure to report to two significant figures ofaccuracy on two chemical substances [CBI
DELETED] included on the 2016 CDR. [40 CFR Part 711].
8. Failure to properly control the effluent and emissions during the use ofGenX as required
by a 2009 TSCA Section 5(e) consent order (Consent Order). The Consent Order states
that DuPont/Chemours "shall recover and capture (destroy) or recycle" GenX chemical
substances "at an overall efficiency of99% from all the effluent process streams and the
air emissions (point source and fugitive)." [Consent Order, page 36 under the heading
"Control ofEffluent and Emissions"]. The inspection report for the Washington Works
(Attachment B) describes the failure to meet the Consent Order requirement.
Enforcement
The EPA continues to investigate and review information concerning the compliance status of
these and other Chemours facilities relating to TSCA. The violations articulated above are those
that the EPA has determined, at this point, are sufficiently supported by evidence to warrant the
violations identified in this NOV. The EPA may find additional TSCA violations as the
investigation continues. The EPA has authority under TSCA to pursue enforcement actions for
violations through the assessment ofadministrative penalties, injunctive reliefand/or criminal
actions. Section 17 ofTSCA, 15 U.S.C. § 2616, authorizes the EPA to seek appropriate action in
the United States district courts to restrain any person from taking any action prohibited by
TSCA, including any rule or order under Section 5 ofTSCA. Pursuant to Section 16(a) ofTSCA,
15 U.S.C.§ 2615(a), as adjusted by the Civil Monetary Penalty Inflation Adjustment Rule, 40
CFR Part 19, violations are subject to a civil penalty for each offense.

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 Requested Actions

This NOV notifies Chemours of the opportunity to provide additional information to the EPA
with respect to these violations. To the extent that Chemours has information that would inform
the EPA's TSCA compliance investigation, the EPA requests that Chemours submit such
information in writing to Mr. Mark Garvey, of my staff, at the following mailing address within
14 days of the date Chemours is in receipt of this NOV. For any submission containing CBI,
please contact Mr. Mark Garvey for instructions on proper submission.
Mark Garvey, Attorney-Advisor
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W., Mail Code 2249A
Washington, D.C. 20460
Telephone: (202) 564-4168
E-mail: garvey.mark@epa.gov
The EPA also requests Chemours' immediate action to correct the violations identified in the
NOV and come into compliance with TSCA. The EPA further requests that within 30 days from
the date of this letter, Chemours submit to EPA an outline of the actions that Chemours has
already undertaken and/or provide the time-frame for actions it will implement to come into
compliance with TSCA.
The Agency previously requested information from Chemours pursuant to TSCA Section 11
documenting when Chemours first learned about the GenX-related contamination in and around
the Fayetteville Works and Washington Works facilities, including GenX contamination in
drinking water. This information has not yet been provided by Chemours. The EPA is requesting
that such documentation or substantiation be included in Chemours' response. Submission of this
information is significant to Chemours' compliance with substantial risk information required
under TSCA Section 8(e).
If you have any questions regarding this TSCA NOV, please contact Mark Garvey at (202) 5644168 or as indicated above.

Diana Saenz, Acting Director
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
Attachments:
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 Attachment A- Inspection Report for Fayetteville Facility
Attachment B-Inspection Report for Washington Works Facility
cc: Joel Gross, Counsel for Chemours
cc: Sheila Holman, North Carolina Department of Environmental Quality-TSCA CBI sanitized
version only
cc: Jeremy Bandy, West Virginia Department of Environmental Protection- TSCA CBI sanitized
version only

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