April 10, 2023

HOWARD BRAND
C6-ZERO IOWA LLC
REGISTERED AGENTS INC
315 E 5TH ST SUITE 202
WATERLOO IA 50703

Re: C6-Zero Iowa LLC (810 E South St, Marengo, IA 52301)

Contaminated Sites Database Site ID No. 2733
Missed Deadlines, Modifications to Site Assessment Plan, and Extension Request

Dear Mr. Brand:

The Iowa Department of Natural Resources (DNR) received a request on March 31, 2023 from EcoSource, LLC
(EcoSource) on behalf of C6-Zero Iowa LLC (C6-Zero) for modifications to the approved Site Assessment Plan
(SAP). The purpose of this letter is to document the missed deadlines by C6-Zero, to address proposed changes
to the SAP requirements by C6-Zero, and to address the March 31, 2023 extension request.

Missed Deadlines
Since the explosion and subsequent fire at the C6-Zero facility in Marengo, IA on December 8, 2022, C6-Zero has
missed the following deadlines established in the DNR Emergency Order No. 2022-HC-02, 2022-AQ-25,2022-SW-
20,2022-WW-32 (DNR Emergency Order) (Doc #40237), the SAP (Doc #40285, Doc #40286, Doc #40311, and Doc
#40312) and the February 6, 2023 Consent Order Granting Temporary Injunction (Consent Order) (Doc #40348):

• On December 15, 2022, the DNR Emergency Order was issued which outlined the requirement to submit
a SAP within 15 days. C6-Zero did not submit the plan by December 30, 2022.

• The DNR Emergency Order also required the items in the SAP be completed within 45 days. C6-Zero did
not complete the requirements outlined in the SAP by January 29, 2023.

• On February 6, 2023, the Consent Order was filed in Iowa District Court. The Consent Order required
that on or before February 9, 2023, C6-Zero pay the sum of $333,580.00 to EcoSource for assessment
and remediation work and that $75,000 be deposited into a trust account to be held and used
exclusively to fund assessment and remediation work at the property. These funds were not made
available to EcoSource or deposited into the trust account on or before February 9, 2023.

• Additionally, the Consent Order required the items in the SAP be completed by February 17, 2023 and
that a Remedial Action Plan be submitted by March 3, 2023. The requirements of the SAP were not
completed by February 17, 2023 and the Remedial Action Plan was not submitted by March 3, 2023.

• The Consent Order also required that by February 17, 2023, C6-Zero produce to the DNR a
comprehensive list identifying any chemical substance or mixture present at the Marengo C6-Zero
facility at the time of the December 8, 2022, explosion and fire, including the chemical constituents of
any claimed trade secret or proprietary chemical compound, and the known or estimate concentration
WALLACE BUILDING, 502 E 9TH ST, DES MOINES IA 50319
Phone: 515-725-8200 www.IowaDNR.gov Fax: 515-725-8202
 and quantity of the chemicals in every chemical substance or mixture. This information was not
produced to DNR by February 17, 2023.

• C6-Zero has been operating off of a working schedule which outlined all of the items in the SAP that
would be completed by March 31, 2023. As of the date of this letter, the requirements of the SAP have
not been completed, including major items such as groundwater monitoring, PFAS sampling, disposal of
frac tank waste, and disposal of contaminated soil.

Modifications to Site Assessment Plan

Included below are notes on modifications that have occurred related to the SAP:

• On a March 14, 2023 video conference call, C6-Zero requested EPA Method 8270 and PFAS testing be
eliminated or reduced in frequency. DNR stated on the call that EPA Method 8270 and PFAS testing
would not be eliminated, but that C6-Zero could submit a request to DNR for a reduced sampling
frequency. C6-Zero indicated in its March 20, 2023 Weekly Status Update (Doc #40448) that EPA
Method 8270 and PFAS testing have been eliminated. As of the date of this letter, no testing has been
eliminated and no request for reduced sampling frequency has been submitted to DNR for review or
approved.

• On the March 14, 2023 video conference call, DNR requested that C6-Zero modify the SAP document to
incorporate all changes that have been approved to date. DNR requested an update on March 23, 2023
about the status of the revised SAP document. As of the date of this letter, no revised SAP document has
been provided to DNR.

• On the March 14, 2023 video conference call, C6-Zero inquired about whether sampling of the Regional
Detention Basin for PFAS was required while DNR was treating the basin for PFAS. DNR indicated in this
call that since DNR staff were sampling the Regional Detention Basin before, during, and after treatment
commenced, C6-Zero would not be required to sample for PFAS in the Regional Detention Basin during
this effort. On March 30, 2023, DNR received PFAS results from the sampling of the Regional Detention
Basin, post-treatment (enclosed). Going forward, C6-Zero is responsible for full assessment of the
residual surface water in the basin, along with soil, sediment, and any groundwater contamination in the
basin. C6-Zero should follow the procedures outlined in the SAP. For surface water, C6-Zero must
contact Ian Willard at (515) 954-6450 or by email at ian.willard@dnr.iowa.gov, with the DNR Water
Quality Monitoring and Assessment Section (Wasteload Allocations) to discuss the basin and possible
calculation of specific discharge concentrations.

• On March 31, 2023, DNR received a request from C6-Zero to modify the SAP to allow for EPA Method
537m to be used in place of EPA Method 1633 for PFAS in soil. EcoSource has indicated that Eurofins
recommended the use of EPA Method 537m in place of EPA Method 1633. DNR has communicated to
EcoSource that documentation in support of this request from Eurofins must be provided to DNR for
review. DNR has not received documentation in support of this request.

Extension Request – DNR Response

On March 31, 2023, DNR received a request from C6-Zero to extend compliance dates in the SAP. C6-Zero
included the following items with this request:

• Establish the date to recommence excavation as April 17, 2023.

• Extend the date of completion of excavation activities in the working schedule from March 18, 2023 to
April 21, 2023.
 • Extend the date of completion of the Site Assessment Report in the approved SAP from April 1, 2023 to
June 21, 2023.

DNR acknowledges receipt of the March 31, 2023 extension request. However, due to continued delays and
missed deadlines as set forth above, this extension request is not approved. C6-Zero should continue to work
expeditiously to complete a full site assessment as required by 567 IAC chapter 133 and as outlined in the
approved SAP.

C6-Zero is in violation of the DNR Emergency Order, requirements outlined in Iowa Code chapters 455B and
455E and 567 IAC chapter 133, the SAP, and the Consent Order. Completion of the requirements in the SAP and
submittal of the Remedial Action Plan are not on schedule and extensions will not be granted going forward.

Please contact Shelly Nellesen with any questions at (515) 669-5494 or by email at
shelly.nellesen@dnr.iowa.gov.

Sincerely,
Digitally signed by Michael
Sullivan
Date: 2023.04.10 12:56:17
-05'00'
Michael Sullivan
Solid Waste and Contaminated Sites Supervisor
Land Quality Bureau

Enclosures (1)

cc: Tim Dore Darren Fife

C6-Zero Iowa LLC EcoSource, LLC
Registered Agents, Inc. 6424 University Ave
315 E 5TH St, Suite 202 Windsor Heights, IA 50324
Waterloo, IA 50703

Michael Kuehner David S. Steward

Zenor Kuehner, PLC Office of the Attorney General of Iowa
111 E Grand Ave, Ste 400 1305 E Walnut St
Des Moines, IA 50309 Des Moines, IA 50319

Iowa DNR Field Office #6, Washington

 STATE HYGIENIC
ANALYTICAL REPORT 1-800-421-IOWA (4692)
LABORATORY

Collection Location Collector and Phone Client Reference Accession #

marengo basin raw water dilute graesch matt 2255445
515/725-8331
Collected Received Project
2023-03-20 11:20 2023-03-20 12:45 07wqer
Sample Description
surface water
IDNR-FO 6 Sample Type
Report To

Non-Drinking Water
Sample Source
1023 W MADISON ST
WASHINGTON, IA 52353-1623 Sample Note(s)
1

RESULTS OF ANALYSIS - FINAL REPORT

TEST RESULT (ng/L) QUANT LIMIT CAS NUMBER ANALYSIS NOTE(S)

Perfluorinated Compounds, EPA 533
PFBA 27 2.0 375-22-4
PFPeA 84 2.0 2706-90-3
PFHxA 280 2.0 307-24-4
PFHpA 84 2.0 375-85-9
PFOA 100 2.0 335-67-1
PFNA 49 2.0 375-95-1
PFDA 40. 2.0 335-76-2
PFUnA 2.9 2.0 2058-94-8
PFDoA <2.0 2.0 307-55-1
HFPO-DA <2.0 2.0 13252-13-6
PFBS <2.0 2.0 375-73-5
PFPeS 2.9 2.0 2706-91-4
PFHxS <2.0 2.0 355-46-4
PFHpS <2.0 2.0 375-92-8
PFOS 4.0 2.0 1763-23-1
4:2 FTS 3.4 2.0 757124-72-4
6:2 FTS 2000 2.0 27619-97-2
8:2 FTS 820 2.0 39108-34-4
PFMPA <2.0 2.0 377-73-1
PFMBA <2.0 2.0 863090-89-5
ADONA <2.0 2.0 919005-14-4
PFEESA <2.0 2.0 113507-82-7
NFDHA <2.0 2.0 151772-58-6
9Cl-PF3ONS <2.0 2.0 756426-58-1
11Cl-PF3OUdS <2.0 2.0 763051-92-9
Total PFOA + PFOS 100 2.0

SAMPLE AND ANALYSIS NOTES

1. Upon arrival, sample met container and preservation requirements for the analysis requested. Please review carefully your
sample results for additional analyte comments or method exceptions.

ANALYSIS INFORMATION

TEST ANALYZED SITE RELEASED ANALYSIS PREP

1. Perfluorinated Compounds, EPA 533 2023-03-22 18:43 JTR, MHN 3200 2023-03-30 13:57 MHN Test 2

Page 1 of 2
 STATE HYGIENIC
ANALYTICAL REPORT 1-800-421-IOWA (4692)
LABORATORY
Collection Location Collector Client Reference Accession #
marengo basin raw water dilute graesch matt 2255445

TEST ANALYZED SITE RELEASED ANALYSIS PREP

2. Prep for Perfluorinated Compounds, EPA 533 2023-03-21 09:00 JTR 3200 2023-03-30 13:57 MHN

DESCRIPTION OF UNITS

ng/L = Nanograms per Liter

SITE(S) PERFORMING TESTING

3200 STATE HYGIENIC LABORATORY CORALVILLE, UNIVERSITY OF IOWA RESEARCH PK, 2490 CROSSPARK RD, CORALVILLE, IA 52241; Phone
319/335-4500; Fax 319/335-4555; Michael D. Schueller, M.S., Associate Director; Wade K. Aldous, Ph.D. (D)ABMM, Associate Director; IOWA
ENVIRONMENTAL LAB ID #027

The result(s) of this report relate only to the items analyzed. Where the laboratory has not been responsible for the sampling stage
the results apply only to the sample as received. This report shall not be reproduced except in full without the written approval of
the laboratory. If you have any questions, please call Client Services at 800/421-IOWA (4692) or 319/335-4500.

Page 2 of 2
 STATE HYGIENIC
ANALYTICAL REPORT 1-800-421-IOWA (4692)
LABORATORY

Collection Location Collector and Phone Client Reference Accession #

marengo basin blank graesch matt 2255446
515/725-8331
Collected Received Project
2023-03-20 11:15 2023-03-20 12:45 07wqer
Sample Description

IDNR-FO 6 Sample Type

Report To

Non-Drinking Water
Sample Source
1023 W MADISON ST
WASHINGTON, IA 52353-1623 Sample Note(s)
1

RESULTS OF ANALYSIS - FINAL REPORT

TEST RESULT (ng/L) QUANT LIMIT CAS NUMBER ANALYSIS NOTE(S)

Perfluorinated Compounds, EPA 533
PFBA <2.0 2.0 375-22-4
PFPeA <2.0 2.0 2706-90-3
PFHxA <2.0 2.0 307-24-4
PFHpA <2.0 2.0 375-85-9
PFOA <2.0 2.0 335-67-1
PFNA <2.0 2.0 375-95-1
PFDA <2.0 2.0 335-76-2
PFUnA <2.0 2.0 2058-94-8
PFDoA <2.0 2.0 307-55-1
HFPO-DA <2.0 2.0 13252-13-6
PFBS <2.0 2.0 375-73-5
PFPeS <2.0 2.0 2706-91-4
PFHxS <2.0 2.0 355-46-4
PFHpS <2.0 2.0 375-92-8
PFOS <2.0 2.0 1763-23-1
4:2 FTS <2.0 2.0 757124-72-4
6:2 FTS <2.0 2.0 27619-97-2
8:2 FTS <2.0 2.0 39108-34-4
PFMPA <2.0 2.0 377-73-1
PFMBA <2.0 2.0 863090-89-5
ADONA <2.0 2.0 919005-14-4
PFEESA <2.0 2.0 113507-82-7
NFDHA <2.0 2.0 151772-58-6
9Cl-PF3ONS <2.0 2.0 756426-58-1
11Cl-PF3OUdS <2.0 2.0 763051-92-9
Total PFOA + PFOS <2.0 2.0

SAMPLE AND ANALYSIS NOTES

1. Upon arrival, sample met container and preservation requirements for the analysis requested. Please review carefully your
sample results for additional analyte comments or method exceptions.

ANALYSIS INFORMATION

TEST ANALYZED SITE RELEASED ANALYSIS PREP

1. Perfluorinated Compounds, EPA 533 2023-03-29 22:52 JTR, MHN 3200 2023-03-30 13:57 MHN Test 2

Page 1 of 2
 STATE HYGIENIC
ANALYTICAL REPORT 1-800-421-IOWA (4692)
LABORATORY
Collection Location Collector Client Reference Accession #
marengo basin blank graesch matt 2255446

TEST ANALYZED SITE RELEASED ANALYSIS PREP

2. Prep for Perfluorinated Compounds, EPA 533 2023-03-21 09:00 JTR 3200 2023-03-30 13:57 MHN

DESCRIPTION OF UNITS

ng/L = Nanograms per Liter

SITE(S) PERFORMING TESTING

3200 STATE HYGIENIC LABORATORY CORALVILLE, UNIVERSITY OF IOWA RESEARCH PK, 2490 CROSSPARK RD, CORALVILLE, IA 52241; Phone
319/335-4500; Fax 319/335-4555; Michael D. Schueller, M.S., Associate Director; Wade K. Aldous, Ph.D. (D)ABMM, Associate Director; IOWA
ENVIRONMENTAL LAB ID #027

The result(s) of this report relate only to the items analyzed. Where the laboratory has not been responsible for the sampling stage
the results apply only to the sample as received. This report shall not be reproduced except in full without the written approval of
the laboratory. If you have any questions, please call Client Services at 800/421-IOWA (4692) or 319/335-4500.

Page 2 of 2