Gen X

GenX

Previously reported – January 2022
EPA orders chemical makers to test toxicity of PFAS, giving NC residents a partial victory
Chemical makers who produce per- and polyfluoroalkyl substances, also known as PFAS, must start testing the toxicity of their products, according to a new decision recently announced by the U.S. Environmental Protection Agency. EPA’s ruling is a partial victory to six North Carolina community and environmental justice groups who petitioned the government to require Chemours, a chemical maker outside Fayetteville, to start testing its substances as part of an ongoing environmental disaster in southeastern North Carolina. The StarNews first reported in 2017 that Chemours, and DuPont before them, had contaminated the Cape Fear River with PFAS chemicals for more than 30 years. More than 250,000 North Carolinians have been exposed to toxic levels of PFAS chemicals, but understanding the health consequences of that exposure has been a challenge since little is known about PFAS chemicals. By granting the petition, EPA will use its federal authority to require chemical companies to begin testing what risk PFAS chemicals may present to humans. Those companies may be compelled to fund that research and disclose the results to the government. “Today’s actions advances the Biden-Harris Administration’s commitment to improve understanding of, and to protect people from, the potential risks of PFAS,” according to the news release from the EPA. The EPA’s decision “deeply disappointed” the six groups in North Carolina who filed the petition, according to a news release from the groups. The groups felt EPA’s response was “inadequate” and doesn’t go far enough to hold Chemours and other companies responsible. The environmental groups aren’t accepting the government’s decision, and said they are considering their options, including litigation, to compel it to do more, according to the news release. The six groups include the Center for Environmental Health, Cape Fear River Watch, Clean Cape Fear, Democracy Green, the NC Black Alliance and Toxic Free NC. “Simply put, EPA has had over a year to review the many letters and submissions of petitioners explaining the concerns of North Carolina communities but has completely missed the entire purpose of the petition to address the public health needs of a severely contaminated community,” according to the joint news release.

The backstory
The contamination of the Cape Fear River in southeastern North Carolina stems from the Fayetteville Works plant outside Fayetteville. The sprawling chemical plant is owned today by Chemours, a spinoff of DuPont. For decades the two companies allowed PFAS chemicals to seep into the ground, air and river around the plant, exposing more than a quarter of a million North Carolinians to chemicals that early studies suggest can cause an increased risk of developing various diseases including cancer. The water disaster unfolded over nearly 40 years, and for much of that time Chemours and DuPont allegedly knew what was happening, but decided to cover up the contamination, according to a lawsuit filed against Chemours and DuPont by the state of North Carolina. Chemours has been forced to contain the leak, and pay $12 million to the state for its actions. In the wake of the disaster, researchers have started working with affected residents to understand what risks PFAS might present to humans. Scientists in North Carolina have established that many residents have extremely high amounts of PFAS in their blood. In October the EPA announced GenX, one of the PFAS chemicals that leaked into the Cape Fear, was more toxic than it previously estimated. It stated based upon animal studies that oral exposure to GenX has shown negative health effects on the liver, kidneys, immune system, the development of offspring and can cause cancer. In Wilmington, researchers estimate residents ingested approximately 700 parts per trillion of PFAS every day for more than 30 years. That exposure is roughly five times the exposure goal set by the N.C. Department of Health and Human Services.

A reversal of decisions
In October the EPA announced a national PFAS testing strategy, and the agency’s decision this week is largely a continuation of that strategy. In the first of what could be multiple phases of testing, the EPA plans to test 24 PFAS substances and extrapolate that data out to 2,950 other PFAS chemicals in the same categories as the initial 24 substances. The six North Carolina groups originally asked the EPA to require Chemours to test 54 PFAS chemicals that the groups had found in the Cape Fear River. In announcing its decision this week, the EPA will require chemical companies to test for only 30 PFAS chemicals as part of its new national testing strategy. Nine of the 24 PFAS substances excluded from the EPA’s decision could be part of future testing by the agency, according to the EPA, and the other 15 chemicals mentioned in the petition “do not fit the definition of PFAS used in developing the testing strategy.” EPA’s decision this week is a complete reversal from what the agency decided nearly a year ago. In the last days of the Trump administration, the EPA initially rejected the petition.The six North Carolina groups asked the agency to reconsider in March of this year, hoping the change in administration would lead to a better outcome. The Biden administration agreed to reconsider the petition in September and ruled on it this week.

‘Biden EPA fails to protect North Carolina’
Current EPA Administrator Michael Regan has been involved in the Cape Fear River water contamination for several years. Regan served as the secretary of the N.C. Department of Environmental Quality before becoming EPA administrator, and during his tenure, he was able to enter the state and Cape Fear River Watch into a consent order with Chemours to bring the contamination under control. In announcing the EPA’s decision, Regan acknowledged that communities across North Carolina “deserve to know the potential risks that exposure to PFAS pose to families and children,” Regan said. “By taking action on this petition, EPA will have a better understanding of the risks from PFAS pollution so we can do more to protect people,” Regan said. But a day after the EPA’s decision, the six environmental groups issued their response to the agency’s actions, and part of their reaction was aimed directly at Regan. “In announcing EPA’s PFAS Roadmap in Raleigh on Oct. 18, Administrator Michael Regan acknowledged the ‘decades of unchecked devastation’ that Cape Fear communities have suffered and emphasized the unexplained and serious health disorders residents are battling,” according to the press release. “Unfortunately, EPA’s petition response does not honor these commitments,” the press release added. North Carolinians are going into medical debt battling rare and recurring forms of cancer because of PFAS contamination, said Emily Donovan of Clean Cape Fear. These residents deserve to have access to every health study possible to understand the risks they face. That’s what the petition asked for and the EPA has the legal authority to compel Chemours to pay for those studies, Donovan said. “As the director of an environmental nonprofit who believed in and trusted the folks of this EPA to do the right thing, I am furious; as a poisoned community member who is also grieving the loss of a firefighter brother whose cancer could be explained by this data, I am heartbroken,” said Dana Sargent of Cape Fear River Watch. Michael Green, CEO of CEH added, “We do not intend to accept this decision from EPA, and we do intend to hold Chemours responsible. EPA is responsible for protecting our health and the environment, and this decision is not consistent with that.”
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EPA grants petition requiring PFAS testing, local groups say it doesn’t go far enough
The Environmental Protection Agency has granted a petition that will compel companies that produce per- and polyfluoroalkyl substances (PFAS) to conduct testing on health effects. However, environmental activists who submitted the petition say the EPA didn’t go far enough with their requirements. “EPA’s petition response did not announce any new studies on the 54 PFAS. It said it would require limited testing on 7 of the 54 PFAS, but this testing had previously been announced in October under EPA’s general PFAS testing strategy. In declining to require testing on additional PFAS produced by Chemours, EPA claimed it could determine their health effects by extrapolating from studies it plans to require on 24 ‘representative’ substances under its testing strategy,” according to a statement released by the petitioners on Wednesday. “This highly theoretical and unproven approach, which is based on complex computational models, rejects the recommendations of petitioners, more than 120 public health organizations, and dozens of leading scientists that EPA should focus testing on those PFAS that directly threaten human health,” it continued. The EPA, however, says this is a good step towards providing people with potential risks of the substances being released into the air, water, and even ground. “Communities in North Carolina and across the country deserve to know the potential risks that exposure to PFAS pose to families and children,” EPA Administrator Michael S. Regan said in a press release. “By taking action on this petition, EPA will have a better understanding of the risks from PFAS pollution so we can do more to protect people. This data will also help us identify the sources of pollution so we can hold those accountable for endangering the public. EPA is fully committed to addressing this longstanding pollution challenge, and today we take another critical step forward to protect the water, air, and land we all depend on.” The petition was first filed in October of 2020 by the Center for Environmental Health, Cape Fear River Watch, Clean Cape Fear, Democracy Green, Toxic Free NC, and the NC Black Alliance. It requested the EPA “require health and environmental effects testing on 54 chemical substances the petition identifies as Per- and Polyfluoroalkyl Substances (PFAS) released into the environment by The Chemours Company (Chemours) at its chemical production facility in Fayetteville, North Carolina.” However, the petitioners disagree with the press release and say it does not do what they had asked for, specifically, testing to determine the impacts these substances have on people. “As the director of an environmental nonprofit who believed in and trusted the folks of this EPA to do the right thing, I am furious; as a poisoned community member who is also grieving the loss of a firefighter brother whose cancer could be explained by this data, I am heartbroken,” Dana Sargent of Cape Fear River Watch said. While the request specifically referred to Chemours, the EPA’s plan is aimed at all producers of these substances. “EPA plans to require PFAS manufacturers to provide the agency with toxicity data and information on categories of PFAS. EPA expects to exercise its TSCA section 4 order authority to require recipients of test orders to conduct and fund the studies. The information gathered as a result of this testing will help EPA deepen its understanding of the impacts of PFAS, including potential hazards. As the agency learns more about the impacts of PFAS, EPA will continue to take action to protect human health and the environment,” according to the agency. As far as human testing goes, the EPA is not conducting the testing that the petition requests. Instead, the agency says there are already ongoing human impact studies. “EPA is contributing to and reviewing numerous existing ongoing human studies, including studies on potentially exposed workers and communities in North Carolina, and is evaluating how to further advance and expand on these efforts,” according to the EPA. “The EPA asserts it is ‘granting’ the petition but in fact is deferring action on petitioners’ testing requests indefinitely,” according to the press release from the petitioners. “EPA refused to commit to requiring the studies that are most important in understanding the human health effects of long-term PFAS contamination on North Carolina communities. In fact, EPA provided no assurance that it would require cancer studies on any PFAS; refused to require an epidemiological study on the exposed human population; and declined to require testing of any of the mixtures of PFAS found in drinking water and human blood.”

The EPA also listed a summary of the order which is listed below:

• • “Near-Term Testing Covers 30 of 54 Petition Chemicals – EPA’s first test orders for 24 data-poor categories of PFAS under the Testing Strategy will provide data that cover 30 of the 54 petition chemicals.
  • Subsequent Testing May Cover 9 of 54 Petition Chemicals – An additional 9 PFAS identified in the petition belong to one other category included in the Testing Strategy. EPA is conducting more in-depth analyses of the sufficiency of the existing data, which will inform later phases of testing.
  • Remaining 15 of 54 Petition Chemicals – Fifteen chemicals identified in the petition do not fit the definition of PFAS used in developing the Testing Strategy. EPA has determined that there is robust data on some of them available to the Agency. EPA is conducting more in-depth analyses of the sufficiency of the existing data, which will inform later phases of testing.
  • Mixtures studies – EPA will address PFAS mixtures by using the toxicity of the individual substances to predict the toxicity of the mixture, an approach which is consistent with the current state-of-science on PFAS. EPA is proceeding with development and peer review of such methods as specifically applied to PFAS.
  • Human studies – EPA is contributing to and reviewing numerous existing ongoing human studies, including studies on potentially exposed workers and communities in North Carolina, and is evaluating how to further advance and expand on these efforts.
  • Analytical standards – EPA does not believe it is appropriate to require the development or submission of analytical standards with the initial test orders that will be issued under the Testing Strategy, but has requested comment on whether to require the submission of existing analytical methods for PFAS under a separate rulemaking proceeding the Agency expects to finalize next year.”

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Previously reported – April 2022
Chemours to further limit GenX emissions, add more testing
Chemours has agreed to further limit GenX emissions, conduct additional testing and pay the six-figure penalty assessed last year by the North Carolina Department of Environmental Quality’s Division of Air Quality. The Division of Air Quality and Chemours signed a settlement agreement Tuesday requiring Chemours to reduce GenX emissions from the carbon adsorber unit, an emissions control device, in the vinyl ethers north manufacturing area to no more than an average of 1 pound per month between May and September of this year. Fugitive emissions from the vinyl ethers north area are primarily controlled by the carbon adsorber unit, which is a separate system from the onsite thermal oxidizer. Chemours’ facility-wide emissions are limited to 23.027 pounds per year under the current air permit. Chemours also is required to take additional actions this year to reduce emissions, including installing new process and emission control equipment. The company must follow a rigorous schedule of stack tests to measure how well the carbon adsorber unit at vinyl ethers north is controlling emissions. Chemours will also pay in full the $305,000 penalty, which the Division of Air Quality assessed last year after finding Chemours was in violation of the stringent GenX emission requirements of its air permit, which requires Chemours to limit its total GenX emissions to 23.027 pounds per year, using a rolling 12-month calculation. This limit equates to a 99% reduction from GenX emissions in 2017. Excess GenX emissions in March 2021 resulted in noncompliance with the rolling 12-month limits from March through September of last year. In October 2021, the division issued a written Notice of Violation and Notice of Recommendation for Enforcement to Chemours. DAQ noted the Carbon Adsorber Unit was not properly operated or maintained for 26 days following its March 9, 2021, stack test. Chemours filed a Petition for a Contested Case Hearing in response to DAQ’s civil assessment. Today’s settlement resolves DAQ’s civil penalty and Chemours’ petition. Lisa Randall, regional communications lead for Chemours provided Coastal Review with the following statement: “Chemours has reached an agreement with NCDEQ regarding the agency’s 2021 notice of violation (NOV) for exceeding the 12-month rolling average for Fayetteville Works’ site HFPO-DA air emissions. Chemours has agreed to pay the $305,000 civil penalty assessed by the agency and will also dismiss its administrative appeal of the NOV. Chemours has also agreed to take additional steps toward reducing air emissions. NCDEQ has agreed to not issue additional NOVs related to the rolling calculation for the remainder of the 12-month period as long as agreed-to-emission limits are met. Chemours continues to make progress on all requirements of the Consent Order agreement with NCDEQ and Cape Fear River Watch and remains committed to being a leader in reducing PFAS emissions.”
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Previously reported – June 2022
More toxic than previously thought: EPA slashes PFAS exposure limits based on new information
Years of animal and human testing reveal four PFAS chemicals are far more toxic than originally thought. As a result, the U.S. Environmental Protection Agency announced four new national health advisories, cutting lifetime exposure limits to a fraction of what was previously thought to be safe. EPA issued new health advisories for GenX and PFBS, and interim health advisories for PFOA and PFOS on Wednesday at the National PFAS Conference, currently being held in Wilmington. EPA’s actions come five years after GenX and other PFAS chemicals were discovered in the Cape Fear River, having been put there by chemical makers DuPont and Chemours. For more than 30 years, the two companies released hundreds of PFAS compounds, also known as per- and polyfluoroalkyl substances, into the river, air and groundwater, contaminating the drinking water source of more than 300,000 people. State officials began investigating GenX and other PFAS chemicals in 2017, after a StarNews investigation revealed Chemours and DuPont’s actions. Chemours said it’s evaluating its next steps, which could include legal action against EPA’s “scientifically unsound action,” according to a statement from the company following the federal agency’s announcement. “At Chemours, we support government regulation based on the best available science. While EPA claims it followed the best available science in its nationwide health advisory for (GenX), that is not the case,” according to Chemours’ statement.
What are the new levels?
Radhika Fox, assistant administrator for EPA’s Office of Water, announced the agency’s new health advisories at the National PFAS Conference. Fox explained the new health advisories were a result of years of research. “The updated advisory levels are based on new science including more than 400 recent studies, which indicate some negative health effects may occur at extremely low levels, much lower than previously understood for both PFOA and PFOS,” Fox said. Human studies found associations between PFOA and PFOS exposures and effects on the immune system, cardiovascular system, developmental issues with infants and cancer, according to EPA. Animal testing revealed links between GenX and effects on the liver, kidney, immune system, developmental effects and cancer. EPA’s new health advisory sets a lifetime exposure limit of 10 parts per trillion for GenX. EPA’s new GenX exposure limit will replace the 140 part per trillion drinking water health goal set by the North Carolina Department of Health and Human Services in 2018, according to a press release from the agency. EPA’s previous drinking water health advisories for PFOA and PFOS limited exposure to less than 70 parts per trillion. Based on new toxicity testing, EPA curtailed exposure limits to 0.004 parts per trillion for PFOA and 0.02 parts per trillion for PFOS. For context, not a single surface water test for GenX, PFOA and PFOS at Chemours’ Outfall 002 site tested below EPA’s new health advisories, according to DEQ testing data from 2018-2021. The median concentration of GenX in tested water was 125.5 parts per trillion, more than 12 times EPA’s new level, according to DEQ data. The median concentration of PFOA was 10.55 parts per trillion, and 14.2 parts per trillion for PFOS. EPA also announced a final health advisory for PFBS, a fourth PFAS compound, of 2,000 parts per trillion, according to EPA’s press release.
What this means for the public
Following EPA’s announcement, DEQ announced it and the North Carolina Department of Health and Human Services was “moving quickly to evaluate the state’s drinking water supplies based on these health advisories and determine appropriate next steps to assess and reduce exposure risks,” according to DEQ’s press release. DEQ estimates more than 1,700 additional private well owners affected by Chemours’ contamination will now be eligible for whole-home filtration systems or connection to public water systems, according to DEQ’s press release. DEQ has directed Chemours to begin installing these new systems as soon as possible. Data on PFOA and PFOS levels in North Carolina’s private drinking water wells and public water systems are limited, according to DEQ’s press release. However, available data indicates the presence of one or both compounds in “multiple” public water systems across the state. “DEQ and DHHS are evaluating the available data in light of these new health advisories to identify potentially affected communities and take action to address impacts to North Carolina residents,” according to the press release.
New advisories receive mixed reaction
EPA’s announcement was met with mixed reactions. A room of environmentalists, scientists and more applauded EPA’s new PFAS health advisories. However, EPA’s announcement was met by criticism and condemnation from the chemical industry. In a statement, the American Chemistry Council, which represents numerous chemical companies, said it supports creating water standards for PFAS based on the best available science. The ACC echoed Chemours’ accusation that EPA didn’t use the best available science to establish its new PFAS health advisories. “Today’s announcement of revised lifetime health advisories for PFOA and PFOS and new advisories for PFBS and the GenX chemicals reflects a failure of the agency to follow its accepted practice for ensuring the scientific integrity of its process.” Environmental groups, however, celebrated EPA’s new advisories. The Southern Environmental Law Center applauded EPA’s new health advisories, said Geoff Gisler, senior attorney and leader of the SELC’s Clean Water Program. SELC encouraged state environmental agencies and EPA to use existing law to reduce PFAS emissions farther. “EPA’s stringent new health values for several toxic ‘forever chemicals’ will save lives and ensure a healthier environment for all of us,” said Brian Buzby, executive director of the NC Conservation Network.
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• Previously reported – July 2022
  Chemours challenges EPA health advisory for GenX
  The Chemours Company is suing the Environmental Protection Agency for its recent health advisory for GenX, one of the contaminants discharged for years into the Cape Fear River from the company’s plant in Fayetteville. Chemours is challenging the EPA’s review of the agency’s health advisory for hexafluoropropylene oxide dime acid, or HFPO-DA (GenX), arguing the agency failed to use the best available science when making its determination. “Nationally recognized toxicologists and other leading scientific experts across a range of disciplines have evaluated the EPA’s underlying analysis and concluded that it is fundamentally flawed,” according to a Chemours release. “EPA’s own peer reviewer called aspects of EPA’s toxicity assessment (which serves as the basis for the health advisory) ‘extreme’ and ‘excessive.’ The agency disregarded relevant data and incorporated grossly incorrect and overstated exposure assumptions in devising the health advisory. The EPA’s failure to use the best-available-science and follow its own standards are contrary to this administration’s commitment to scientific integrity, and we believe unlawful.” The suit filed Wednesday in the U.S. Court of Appeals for the 3rd Circuit in Philadelphia specifically names EPA Administrator Michael Regan, who is also former secretary of the North Carolina Department of Environmental Quality. Chemours warned it might take legal action against the EPA after the agency’s assistant administrator for water, Radhika Fox, announced the final health advisory June 15. Fox made the announcement at the third National PFAS Conference held in downtown Wilmington, a city and surrounding region thrust into the national spotlight five years ago when the news broke that Chemours’ Fayetteville Works Facility had for decades been discharging per- and polyfluoroalkyl substances into the Cape Fear River, air and ground. The EPA’s final health advisory for GenX is 10 parts per trillion, or ppt and, for perfluoro butane sulfonic acid, or PFBS, at 2,000 ppt. PFBS has not been found in significant concentrations in samples in North Carolina, according to DEQ. The agency also issued updated interim health advisories for perfluorooctanoic acid, or PFOA, and perfluoro octane sulfonic acid, or PFOS. GenX was created to replace PFOA, which was voluntarily phased out of production more than 10 years ago in the U.S. Chemours states in its news release that HFPO-DA is not a commercial product and does not pose human health or environmental risks “when used for its intended purpose.” Health studies of animals that ingested GenX show health effects in the kidneys, blood, immune system, liver and developing fetuses, according to the EPA’s toxicity assessment. Chemours argues that the GenX toxicity assessment issued October 2021 was “materially different” from a draft assessment published in November 2018 and that the EPA did not provide public notice or allow for public comment on the new assessment. “Upon review of the October 2021 Toxicity Assessment, Chemours and external experts identified numerous material scientific flaws, including its failure to incorporate available, highly relevant peer-reviewed studies and that it significantly overstates the potential for risk associated with HFPO-DA,” according to the release. The EPA did not respond to an email request for comment Wednesday. EPA Deputy Assistant Administrator Benita Best-Wong defended the GenX toxicity assessment in a letter to a law firm representing six North Carolina health and environmental groups, stating the assessment “was subject to two rigorous independent peer reviews by scientists who were screened for conflicts of interest in 2018 and 2021.” Best-Wong went on to write that the agency asked the National Institute of Environmental Health Sciences National Toxicology Program to conduct an independent review of the liver histopathology slides from two studies. The agency published detailed responses to comments from both peer reviews and the assessment was put out for public review and comment for 60 days, she wrote. That letter was in response to the groups’ call for the EPA to order Chemours to conduct health studies on 54 PFAS. Those groups, including Cape Fear River Watch, Center for Environmental Health, Clean Cape Fear, Democracy Green, the NC Black Alliance and Toxic Free NC, filed a lawsuit against the EPA for failing to require Chemours to conduct the studies. The EPA’s health advisory for GenX replaces the state’s 2018 provisional drinking water health goal of 140 ppt. A consent order between DEQ, Cape Fear River Watch and Chemours requires the company to provide whole house filtration for households that rely on private water wells where GenX concentrations are above the health advisory. “We expect Chemours to meet their obligations under the Consent Order and to the communities impacted by the PFAS contamination,” Sharon Martin, DEQ deputy secretary for public affairs, said in an email Wednesday. Cape Fear River Watch Executive Director Dana Sargent said in a telephone interview she was “shaken” by the lawsuit. “This is going to be seriously infuriating for the community to hear this news and to still be looking at commercials and this nonsense saying (Chemours) are good neighbors,” she said. “I think Chemours needs to recognize that they can’t continue to claim that they’re good neighbors while suing the nation’s regulatory agency based on their assessment of the GenX toxicity level, which was done under strict calculations based on available science on the health impacts of GenX. The science is science.”
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Previously reported – July 2022
Scientists find way to destroy PFAS chemicals
Some of the most stubborn manmade chemicals, which many health experts believe are harmful to humans, may have finally met their match, according to new research. WITN has been looking into the study that has found a way to destroy some categories of PFAS. Northwestern University researchers found out how to break the chemicals down with two relatively harmless chemicals. From drinking water to other common household items, PFAS chemicals—or forever chemicals, as they are infamously known, are found in a lot of places, and they tend to stay in the places they go. “They’re all manmade chemicals so these are not found naturally,” UNC Chapel Hill professor and chemist Frank Leibfarth said. “It’s a problem that will only get worse because they don’t degrade. They increase the risk of certain types of cancer.” That “forever” title, however, may have just met its match. A study published by researchers at Northwestern University has found a way to destroy these stubborn chemicals when it comes to GenX PFAS chemicals. Leibfarth says the research is a great advancement. “What this study did is said, ‘alright, we applied these conditions, and this is what we got out,’ but then they did the really hard work of understanding every step in that process,” Leibfarth said. Two harmless chemicals, sodium hydroxide, a chemical used to make soap, and dimethyl sulfoxide, a chemical approved as a medication, are the keys to the safe destruction of these PFAS. Exposing these particles to very high heat used to be the only operational way of destroying them in the past. The new method appears to be more energy efficient and safer. If Gen-X sounds familiar, it’s because you may remember the controversy surrounding the company Chemours and how it was accused of releasing the chemical into the Cape Fear River, a water source for hundreds of thousands in New Hanover County. “North Carolina, especially the Wilmington area, has really led a lot of national and international awareness of this issue,” Leibfarth said. The study found that the method was not effective on the PFOS, so research continues on how to best handle that classification of PFAS chemicals. There are many types of household water filters today that can help in blocking PFAS from making it into your cup.
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Previously reported – September 2022
DEQ approves permit to reduce PFAS contamination in the Cape Fear River
The North Carolina Department of Environmental Quality has issued the discharge permit for a treatment system to remove PFAS compounds from contaminated groundwater on the Chemours Fayetteville Works site. The treatment system is part of the larger barrier wall remediation project to substantially reduce PFAS entering the Cape Fear River and impacting downstream communities. After a comprehensive review and public process, DEQ’s Division of Water Resources has issued a National Pollutant Discharge Elimination System (NPDES) permit for a granular activated carbon (GAC) filtration treatment system. After consideration of the public comments and further review of data and information contained in the permit record, the permit limits for the three indicator compounds have been significantly reduced beyond the 99% removal required in the Consent Order. During an initial period to optimize the performance of the system, the permit limits will be: 120 ng/L (ppt) for GenX, 100 ng/L (ppt) for PMPA and 320 ng/L (ppt) for PFMOAA. After the 180-day optimization period, the limits will drop to less than 10 ppt for GenX, 10 ppt for PMPA, and less than 20 ppt for PFMOAA. These limits represent an estimated removal efficiency of greater than 99.9%. The NPDES permit includes weekly monitoring upstream and downstream of the treatment system during barrier wall construction to track progress and efficiency. It also allows for an evaluation after one year to incorporate new data and further tighten limits if appropriate. The permit can also be reopened to add limitations based on new toxicity data, introduction of Federal or state PFAS standards, and if another PFAS compound breaks through the treatment system more quickly than the three current indicator parameters. The massive remediation project is the largest of its kind to address PFAS. The system involves a mile-long underground barrier wall, more than 70 extraction wells and the GAC treatment system to intercept and treat groundwater contaminated by years of pollution at the facility. The groundwater will be pumped and treated to ultimately remove an estimated 99.9% of PFAS compounds before being released into the river. Currently the contaminated groundwater flows untreated directly into the Cape Fear River. This project is designed to reduce the largest ongoing source of PFAS contaminating the river and reaching downstream water intakes and must be operational by March 15, 2023. In addition, DEQ issued an approval letter for the design of the barrier wall. The approval includes conditions for additional monitoring wells, sampling of extraction wells, and management of contaminated groundwater during barrier wall construction. DEQ is also finalizing the 401 Water Quality Certification to minimize and address impacts during the construction of the barrier wall in conjunction with the 404 Permit from the U.S. Army Corps of Engineers. The NPDES permit, hearing officer’s report and approval letter are available on the NCDEQ website at bit.ly/ 3Sdasmd.
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Previously reported – October 2022
NC residents face risk of health issues from GenX, PFAS exposure, new research shows
Residents throughout the Cape Fear region have known for five years that they were exposed to potentially dangerous chemicals leaked into their drinking water by two chemical companies. Now, new research indicates many residents face an increased risk of developing health issues associated with that exposure. Researchers from North Carolina State University’s GenX Exposure Study released their latest round of blood sampling on Tuesday. What they found largely supported their previous findings including the fact that nearly all of their more than 1,000 participants had some combination of PFAS in their blood, according to Nadine Kotlarz, a postdoctoral fellow for the GenX Exposure Study. PFAS concentrations in participants’ blood were so high, they not only exceeded the national average, but also indicated that most participants have a greater chance of developing adverse conditions associated with PFAS exposure, according to new healthcare recommendations developed by the National Academies of Sciences, Engineering and Medicine. A growing body of evidence shows an association between PFAS exposure and, “decreased antibody response to vaccines, dyslipidemia or alterations in cholesterol levels, decreased infant growth and fetal growth, and an increased risk of kidney cancer in adults,” said Jane Hoppin, principal investigator for the GenX Exposure Study. Human studies found associations between PFOA and PFOS (two compounds found in participants’ blood) and effects on the immune system, cardiovascular system and the development of cancer, according to the EPA. In the Cape Fear region, researchers at the GenX Exposure Study found 29% of participants fell into the highest risk category of the NASEM recommendations, meaning they face a “higher risk of adverse effects.” Individuals in this category should consider screening for thyroid issues, ulcerative colitis, and various forms of cancer including kidney cancer and testicular cancer, according to the NASEM recommendations. Another 68% of participants fell into the moderate category, meaning sensitive populations could potentially develop adverse health conditions. Individuals in this group should consider getting screened as well. Researchers at NC State first collected blood samples from Wilmington residents back in 2017. Since then, the group’s research has expanded to include residents closer to Chemours’ chemical plant in Fayetteville and even those living up toward Pittsboro. The central focus of Tuesday’s virtual meeting was to learn more about the health effects associated with the contamination of the Cape Fear River and water sources surrounding the waterway. For nearly four decades, Chemours, and before them DuPont, contaminated North Carolina’s largest river system with per- and polyfluorinated substances (also known as PFAS). The Cape Fear provides drinking water to nearly 500,000 North Carolinians. The contamination was uncovered back in 2017 by the StarNews and since then public anger has grown, largely at Chemours and DuPont for tainting peoples’ water with dangerous chemicals. “We found two PFAS that are known to originate at the Fayetteville Works… in most people in New Hanover and Brunswick counties and in some people in the Fayetteville area,” Kotlarz said. “We did not detect Gen X in the blood samples collected in 2020 and 2021.” The study’s more than 1,000 participants included approximately 514 residents from New Hanover County and Brunswick County and 300 residents from Fayetteville, Kotlarz said. The team also collected blood samples from residents in Pittsboro.  Kotlarz added PFAS concentrations in participants were decreasing over time, and that GenX doesn’t seem to last for long periods in human blood. The GenX Exposure Study will continue to host public meetings throughout the rest of this year to educate residents about their findings and answer questions from participants. After that the goal of the study is to transition from understanding the contamination to following participants over time to learn more about the health outcomes associated with PFAS exposure, Hoppin said. “As we move forward in time, we’ll be able to see what PFAS concentrations were in people’s body today and how that influences their health in the future,” Hoppin said.
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Previously reported – April 2023
CFPUA files suit to make sure DuPont is held responsible for PFAS, GenX contamination
Cape Fear Public Utility Authority is taking the fight to DuPont in a lawsuit attempting to make sure all parties are held responsible for the contamination of the Cape Fear region with compounds known as “forever chemicals.” Chemours, and before them DuPont, contaminated the Cape Fear River and the surrounding region with toxic chemicals known as per- and polyfluoroalkyl substances, also known as PFAS, for more than 30 years. The contamination began, according to CFPUA and others, in about 1980 when DuPont operated the Fayetteville Works chemical plant outside of Fayetteville. Up until 2015, DuPont dumped PFAS into the environment surrounding the chemical plant, tainting the drinking water source to roughly 1-in-15 North Carolinians as a result. CFPUA has already filed a lawsuit in federal court seeking to hold DuPont and Chemours accountable for their actions, but this new lawsuit is trying make sure DuPont doesn’t escape responsibility. In the lawsuit, which was filed on Friday, CFPUA alleges DuPont used various business transactions and restructuring from 2015 to 2019 to avoid financial responsibility for the contamination of the Cape Fear River, according to a press release from CFPUA. CFPUA’s claims largely match allegations the state of North Carolina and others have levied against DuPont in lawsuits they’ve filed against the chemical giant. The groups allege DuPont knew PFAS were dangerous and that the company’s liability for dumping these compounds into the environment stretched into the billions of dollars, according to CFPUA and others’ lawsuits. CFPUA and others claim DuPont used various business transactions, including spinning off its performance chemical business into a new company called Chemours, to avoid responsibility. By spinning off Chemours and transferring its wealth to other spinoff entities and subsidiaries, DuPont’s alleged plan was to prevent CFPUA, the state of North Carolina and others from ever holding DuPont accountable, according to CFPUA and others. “Clearly the damages scared the executives such that it drove them to engage in this incredibly complex corporate shell game,” said North Carolina Attorney General Josh Stein in an interview with the StarNews back in January. CFPUA alleges in its lawsuit that these transactions and restructuring allowed DuPont to “strip away” more than $20 billion in its assets over the course of a five-year period, according to CFPUA’s lawsuit. “As a result, DuPont was left with substantially fewer tangible assets than it had prior to the restructuring.” “Upon information and belief, the purpose of Project Beta was to avoid responsibility for the widespread environmental harm that DuPont’s PFAS contamination had caused and shield billions of dollars in assets from these substantial liabilities,” according to CFPUA’s lawsuit. CFPUA’s Delaware lawsuit seeks to make sure DuPont pays for the damages the public utility incurred, which it estimated to be roughly $238 million, despite the various business transactions, according to CFPUA’s lawsuit. CFPUA named Chemours, E.I. DuPont, DuPont De Nemours (commonly referred to as “New DuPont” in CFPUA and others’ lawsuits) and Corteva (another spinoff of DuPont) in its lawsuit. CFPUA’s new lawsuit was filed in Delaware because both Chemours and DuPont are headquartered in Wilmington, Delaware, according to CFPUA officials. “Plaintiff brings this action to ensure the voidable transfers concocted by Defendants do not preclude Plaintiffs from recovering the amounts to which it is entitled from (CFPUA’s federal lawsuit),” according to CFPUA’s lawsuit.
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Previously reported – October 2023
Lawsuit against Chemours, DuPont moves forward following class action certification
A lawsuit against Chemours and DuPont is moving forward after a federal judge granted class action certification to over 100,000 North Carolina residents. According to Cohen Milstein Sellers & Toll PLLC, the residents “allege that The Chemours Company (Chemours) and DuPont Chemical (DuPont) illegally discharged toxic wastewater containing PFAS and GenX chemicals, aka ‘forever chemicals,’ from its Fayetteville Works plant into the Cape Fear River, failed to inform residents, failed to inform government officials after learning of its damaging impacts, and continued these harmful practices for decades. The plaintiffs claim that they unknowingly consumed drinking water contaminated with these chemicals, that they now suffer from and face the risk of serious health problems, and that Chemours and DuPont should pay the cost of eliminating the contamination of these PFAS chemicals from their homes.” The class certification was granted by United States District Judge James Dever III on Wednesday, Oct. 4. “The class action was first brought in 2017 in the Eastern District of North Carolina,” the announcement states. “In 2018, Cohen Milstein and Susman Godfrey were court appointed Interim Co-Lead Class Counsel. “Since filing the case, Cohen Milstein and Susman Godfrey have provided information to DEQ in support of the development and enforcement of the consent order while seeking additional relief through the class action.” This lawsuit against Chemours and DuPont joins other cases focusing on the contamination of the Cape Fear River. Earlier this year, Chemours, DuPont and Corteva agreed to a more than a billion-dollar settlement amid complaints they polluted drinking water across the country. Additionally, in March, the Cape Fear Public Utility Authority filed a lawsuit to prevent Chemours, DuPont and related companies from restructuring to avoid liability for damage caused by PFAS at the Fayetteville Works plant. The full order can be accessed here. More information about Cohen Milstein, including the class action case, can be found here.
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Previously reported – November 2023
‘Hold Chemours accountable’:
Brunswick sends letter on GenX import concerns to EPA
The Environmental Protection Agency recently authorized Chemours to import millions of pounds of GenX from a Dutch company under criminal investigation. Commissioners of Brunswick County — found by one national study to have the worst PFAS contamination among 44 municipalities — voiced their concerns about the decision Wednesday in a letter to administrator Michael Regan. Brunswick County residents, like all North Carolina and U.S. residents, deserve access to clean drinking water,” Chair Randy Thompson wrote in the letter. “All residents who source their water from the Cape Fear River and a growing number of residents who source their water from drinking water wells are affected by Chemours’ pollution and have yet to see the company fulfill NCDEQ’s 2019 Consent Order.” On Sept. 8, the EPA sent a letter to Chemours permitting the import of more than 4 million pounds of GenX from the company’s Dordrecht, Netherlands facility to the Chemours Fayetteville Works plant in Bladen County, North Carolina through Sept. 6 2024. The approval follows a class action lawsuit filed last month by Dutch criminal attorney Bénédicte Ficq against DuPont and its spinoff Chemours; the suit alleges the companies’ executives knowingly caused decades of PFAS pollution. The Fayetteville plant will use the imported GenX for “recycle and reuse.” Thompson, writing on behalf of the board of commissioners, noted Chemours’ previous improper GenX waste disposal is still present in the Cape Fear River. The Fayetteville Works’ barrier wall, to capture contamination, was completed in June — months after the consent order mandated. Thompson said weekly PFAS tests performed at the Northwest Water Treatment Plant show the prevalence of PFAS compounds in the county is still high. He argued insufficient time has passed to ensure the wall is effectively preventing PFAS from entering the river. The commissioners urged the EPA to guarantee Chemours “has significantly reduced the amount of PFAS entering the Cape Fear River before allowing more PFAS into the state.” The chair included a list of county recommendations in the letter, such as including the North Carolina Department of Environmental Quality in future PFAS authorizations and to “hold Chemours accountable to future changes to health advisory levels or maximum contaminant levels.” NCDEQ was not made aware of EPA’s decision to import GenX, nor did it have any say in the matter. The letter argued Chemours’ actions have already unfairly burdened the county’s taxpayers and water customers; construction on the Northwest Water Treatment Plant’s low-pressure reverse osmosis facility — plagued by years of delays — has already cost $24,229,190. Thompson said the county has issued a total of $167.3 million in revenue bonds for the facility. He also noted GenX and other PFAS compounds have been found in private wells used by county residents. A study by the National Resources Defense Council found significant amounts of 12 PFAS compounds excluded from EPA testing methods in the county. The letter can be read here.
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Remember GenX and PFAS contaminants? Why they’re back in the news and what it means for NC
Researchers have found more types of PFAS “forever chemicals” in the Cape Fear River. The news comes as Chemours looks to import GenX from its plant in the Netherlands to Fayetteville.
Six years ago the StarNews broke the story that water in the Cape Fear River downstream of Chemours’ Fayetteville Works Plant contained high levels of previously unknown chemicals used in common everyday products like food packaging, cookware, medical devices and adhesives.  The manmade per-and poly-fluoroalkyl substances (PFAS), including GenX, are frequently dubbed “forever chemicals” because they don’t break down quickly in the environment, can linger in the body, and have been tied to a host of health problems and ailments. Fast-forward to 2023 and the questions surrounding PFAS and their ongoing environmental, financial and health problems have often taken a backseat in the public realm behind pandemics, toxic politics, global conflicts and worries about a slowing economy. That has occurred even as the national scope of the contamination has grown as more and more areas around the country, including military bases where PFAS have been used in firefighting foam for decades, are found to be polluted with the chemicals. But two reports in recent weeks have brought the issue back to the forefront in the Tar Heel State. In mid-October the news website NC Newsline reported that the U.S. Environmental Protection Agency has approved plans by Chemours to restart the import of GenX from its plant in the Netherlands to Fayetteville Works, a process that the federal regulators had frozen in 2018 over concerns of “outdated data” and “inappropriate use of a combined waste stream.” A Chemours spokesperson told the Fayetteville Observer that the 4-million-pound figure was the maximum amount the company would be allowed to import over the next year, but that they will likely import far less. The chemical would be recycled and reused, reducing the amount of new GenX that would have to be produced, the spokesperson added. The announcement that Chemours could be importing more GenX into North Carolina even as the long-term fallout from decades of dumping “forever chemicals” into the Cape Fear by Chemours and DuPont, which spun off Chemours in 2015, that then made their way into local water supplies remains to be determined drew angry responses from environmentalists and community activists. On Tuesday Gov. Roy Cooper joined in, stating that the EPA’s decision should be “reconsidered and reversed.” “It is unacceptable for North Carolinians to bear the risks associated with importing millions of pounds of GenX from other countries for disposal in our air, land and water,” the governor said in a letter to the EPA. “Under the Biden Administration, the EPA has been a vital partner in our efforts to learn more about these chemicals and protect the health of our communities and we will continue to encourage them to take action.” Then two weeks ago North Carolina researchers published a peer-reviewed paper in the journal Science stating that they had discovered 11 new PFAS compounds in the Cape Fear River below the Chemours plant. The discovery was made by using a novel testing method and adds to the more than 14,000 known PFAS created by industry. “However, the exact number of unique PFAS is difficult to estimate as additional compounds are continually developed and identified,” the study states. “Furthermore, a very small percentage of these chemicals have any publicly available information on their toxicological impacts or presence in the environment.” While regulators can begin monitoring for the 11 new PFAS, more studies will be required to determine their toxicity and how long they stay in the environment. And as state and local officials have seen with GenX, in can take years for safe standards to be adopted − all the while local utilities, health officials and residents struggle with what’s already in their water and the environment. Last month a federal judge allowed more than 100,000 North Carolina residents and property owners to move forward with a class-action suit against DuPont and Chemours. The plaintiffs sued in 2017 after it became public that the companies had been discharging PFAS into the Cape Fear River, groundwater around Fayetteville Works, and air since 1980. They claim the manmade contaminants had led to them developing various diseases and are seeking punitive and compensatory damages for, among other things, the cost of replacing tainted pipes, plumbing fixtures, and installing water-purification systems. While still fighting some of the contamination allegations, DuPont and Chemours have been working to settle other legal disputes. In June, the two companies along with Corteva, an Indianapolis-based company that provides seeds and crop-protection solutions, reached a $1.19 billion settlement with a slew of public water systems over PFAS contamination. The Cape Fear Public Utility Authority (CFPUA) was not one of the systems that settled with the companies. The authority, which provides water and sewer service to most New Hanover County residents, has sued Chemours and DuPont to recover costs and damages associated with their PFAS contamination and its impact on the authority’s operations. That includes $43 million CFPUA spent to install eight granular-activated carbon (GAC) filters to remove PFAS contamination at CFPUA’s Sweeney Water Treatment Plant. The facility draws water from the Cape Fear and provides drinking water to about 80% of CFPUA’s customers. North Carolina legislators also are continuing to earmark state funds to deal with the PFAS crisis, including $55 million in the recently passed state budget. That amount includes $35 million to CFPUA, part of which will be used to extend water lines to private well owners.
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Previously reported – December 2023
EPA pulls plug on previously approved GenX imports
The U.S. Environmental Protection Agency has reversed its approval for Chemours to import GenX into North Carolina. The agency announced its decision today, prompting quick responses from both state officials and the company. “It’s good that the EPA reversed this decision and I’m grateful for their quick response,” Gov. Roy Cooper said in a statement. “We have been working for years in North Carolina to force the cleanup of forever chemicals to help ensure clean water, and companies like Chemours have made this effort more difficult.” Chemours in a release this afternoon said it does not discharge GenX into the Cape Fear River through its recycling process at its Fayetteville Works facility in Bladen County and that a “calculation error” had incorrectly identified the amount the company wants to import. “Our reclamation and recycling process for [GenX] is circular and more environmentally friendly than manufacturing larger quantities of new compound,” the release states. “We identified and acknowledged a calculation error in the applications to the Dutch ILT that we proactively disclosed to US regulators. The amount being imported is in fact far below the levels approved by EPA in the original permit. We are working to correct the information and will continue to engage with authorities on the path forward.” The EPA’s decision in October to sign off on Chemours importing as much as 4 million pounds of GenX from its plant in the Netherlands sparked outrage from state and local officials. GenX is one of thousands of manmade chemicals known as per- and polyfluoroalkyl substances, or PFAS, and is specific to Chemours’ Fayetteville Works plant. Chemours is under a Consent Order with the North Carolina Department of Environmental Quality and the nonprofit Cape Fear River Watch to drastically reduce the amount of PFAS it discharges into the environment, including the Cape Fear River, which is the drinking water source for tens of thousands of people. The company is also being held responsible for PFAS contamination in private wells throughout the Cape Fear region, which includes at least eight counties. The EPA made its decision to reverse course based on information provided by DEQ, according to a department release. “We appreciate that the EPA heard the concerns shared by the Governor and the residents directly affected by PFAS contamination from Chemours,” NCDEQ Secretary Elizabeth Biser said in a statement. “North Carolina is committed to reducing PFAS pollution and today’s reversal aligns with that goal.” The company stated that it had invested hundreds of millions of dollars in emissions controls at its Fayetteville plant. “Chemours responsibly manufactures critical products that support national and Biden Administration priorities like American manufacturing of semiconductors and decarbonizing the energy sector. Our products and our actions promote a more sustainable future, and we will continue to deliver on our commitment to reduce our environmental footprint.” In September, experts appointed to the United Nations sent letters to Chemours, Corteva and DuPont de Nemours criticizing their use of PFAS. Those UN experts said the companies likely violated the human rights of residents in the Cape Fear region. Letters were also sent to the governments of the Netherlands and the United States accusing regulators of failing to protect human health and the environment.
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EPA reverses approval of GenX waste importation after DEQ found inaccurate information
The Environmental Protection Agency announced Wednesday the reversal of its authorization for Chemours to import millions of pounds of GenX waste. It sent a letter to Gov. Roy Cooper, who expressed his disapproval of the EPA’s decision earlier this month. In the Nov. 29 letter to Gov. Cooper, EPA administrator Michael Regan noted the reversal was influenced by the North Carolina Department of Environmental Quality’s finding Chemours did not provide accurate information about export volume requested and the amount of GenX waste its Fayetteville facility could process. Regan wrote it was “different from a factor of ten from the amount the company had initially quoted” in its notification approved by the EPA. “Because information in both notifications was incorrect, the September 8, 2023 consents to the import of waste from the Netherlands into the United States are no longer valid,” Regan wrote. In a statement on the decision Wednesday, Chemours insisted its calculation error was “proactively disclosed to US regulators” and said the imported waste would be far below the amount approved in the initial permit. Chemours said its importation of GenX waste would be used for recycling; it argued this is more environmentally friendly than manufacturing new compounds. It claimed the recycled PFAS waste would not be discharged in the Cape Fear River. The Sept. 8 EPA decision permitted Chemours to import more than 4 million pounds of GenX waste for recycle and reuse from the company’s Dordrecht, Netherlands facility, which is under criminal investigation. The waste would have been shipped to Chemours Fayetteville Works plant in Bladen County, North Carolina. The import was halted after public outcry and letters were sent to the EPA from Gov. Cooper, as well as local leaders from New Hanover and Brunswick counties. Gov. Cooper issued a statement Wednesday commending the new EPA decision. “It’s good that the EPA reversed this decision and I’m grateful for their quick response,” Cooper said in a statement Wednesday. “We have been working for years in North Carolina to force the cleanup of forever chemicals to help ensure clean water, and companies like Chemours have made this effort more difficult.” The New Hanover Board of Commissioners similarly released a joint statement: “This development is a significant victory for the environmental health and safety of New Hanover County and the Cape Fear River. We commend the EPA and NCDEQ for their diligent efforts and collaboration in making this critical decision, reflecting our shared commitment to protect our community.” North Carolina Senator Thom Tillis also released a statement Wednesday celebrating the EPA’s reversal. “It is vital all North Carolinians have access to safe water, and I’ll continue my work to address the risks posed by emerging PFAS contaminants, just like we did with the historic clean water investment in the Bipartisan Infrastructure Law,” he said.
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Previously reported – February 2024
NC ‘Forever Chemical’ Plant Violates Human Rights, U.N. Panel Says
The allegations of human rights violations linked to pollution from the factory broadens a yearslong battle over the site and over the chemicals known as PFAS.
The dumping of contaminated wastewater by a chemical plant on the Cape Fear River began more than four decades ago, making the river water unsafe to drink for 100 miles. This week, in response to a petition by community groups in North Carolina, a United Nations panel called the pollution a human rights issue. The U.N. concerns about human-rights violations, the kind of claims that Americans might be more used to seeing leveled at foreign countries, broaden the scope of a global fight over the harms from what are known as forever chemicals, or by their acronym PFAS. They are the subject of a yearslong dispute over their dangers. Chemours, the chemicals giant that took over the plant in 2015, and DuPont before it, “are completely disregarding the rights and well-being of residents” along the river, a panel of U.N. human rights experts said. The pollution continues “even as DuPont and Chemours had information about the toxic impacts of PFAS on human health and drinking water,” they said, using the acronym for polyfluoroalkyl substances, a group of chemicals, many of which are toxic. Chemours said it was “committed to responsibly manufacturing and producing products in a manner consistent with international principles.” The products it makes at its plant at Fayetteville, N.C., contributed to “vital technologies for green hydrogen, electric vehicles and semiconductor manufacturing,” the company said. Chemours is currently moving ahead with plans to expand the Fayetteville plant. DuPont has rejected claims that it bears responsibility for the Fayetteville plant, which it spun off as part of a corporate restructuring in 2015. PFAS are human-made chemicals that companies have used to make a wide range of water- or grease-resistant products including nonstick cookware, pizza boxes, water-repellent clothing, stain-resistant fabrics and carpets, firefighting foam and some cosmetics. They don’t naturally break down and instead accumulate in the environment and in the blood and organs of people and animals. Research by both chemical companies and academics have shown that exposure to PFAS has been linked to cancer, liver damage, birth defects and other health problems. A newer type of PFAS, GenX, which Chemours makes at its Fayetteville plant, was designed to be a safer alternative to earlier generations of the chemicals. New studies, however, are discovering similar health hazards. State regulators have repeatedly fined the Fayetteville plant for exceeding emissions limits, and, over the years, the Environmental Protection Agency has also issued a string of violations. In 2021, the agency started requiring chemical manufacturers to test and publicly report the amount of PFAS in household items as part of what it calls its PFAS Strategic Roadmap, a strategy to protect public health and the environment. Still, the U.N. panel, made up of special rapporteurs from its Human Rights Council, said both the E.P.A. and local regulators had “fallen short in their duty to protect against business-related human rights abuses.” That included failing to provide affected communities in North Carolina “with the type and amount of information necessary to prevent harm and seek reparation,” the panel said. The E.P.A. declined to comment. The North Carolina Department of Environmental Quality did not immediately respond to a request for comment. Local environmentalists called on Chemours to halt its expansion in Fayetteville and focus on cleaning up the pollution. “We still have residents in our region who do not have access to clean, safe drinking water,” said Emily Donovan, co-founder of Clean Cape Fear, which petitioned last year for the United Nations to open a human rights investigation. “We’re finding PFAS along our beaches, in locally grown produce and locally caught fish. It’s also in our air and rainwater,” she said. Yet “Chemours wants to expand production and make more PFAS.”
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Previously reported – April 2024
EPA head Michael Regan returns to NC,
announces new standards for ‘forever chemicals’
The federal government has set standards for so-called forever chemicals in drinking water and will provide $1 billion for testing and other protective measures, said Michael Regan, the Environmental Protection Agency administrator, who spoke Wednesday morning in Fayetteville. Regan announced the measures regarding PFAS, or per-and polyfluoroalkyl substances, at an event in front of the P.O. Hoffer Water Plant operated by the Public Works Commission, the locally owned utility. Regan served as director of North Carolina’s Department of Environmental Quality from 2017 until March 2021 when President Joe Biden tapped him to head the EPA. “Today I’m proud to return to North Carolina to announce the first-ever, nationwide, legally enforceable drinking water standard for PFAS,” Regan said, “the most significant action EPA has ever taken on PFAS.”  He said the chemicals, which are used in products such as non-stick coating for cookware and firefighting foam, “have a place and are important for certain industries and certain practices.” But he added: “There is also no doubt that these chemicals entering into our environment in an uncontrolled manner are harmful to our families, harmful to our communities and harmful to our economy.”  The new standards will require utilities to test for six different types of PFAS in drinking water; the chemicals have been linked to certain types of cancer. The new standards limit PFOA and PFOS, two common types of PFAS, to 4 parts per trillion, as well as four other types of PFAS similar to those two. The regulations could reduce the impact pf PFAS on 100 million people, Regan said. A reporter’s question to Regan at Wednesday’s event noted that the standards addressed six types of PFAS but there were thousands. “We’re starting with this six,” he said. “With this six, we have the best science and data to design these health standards.” He said the EPA would “continue until we get to all of them.” 

Activist: Persistent as forever chemicals
Other speakers Wednesday were N.C. Gov. Roy Cooper; state Attorney General Josh Stein; Brenda Mallory, chairperson of the Council on Environmental Quality for the Biden Administration; Fayetteville Mayor Mitch Colvin; Ken Cook, president of the Environmental Working Group; and Emily Donovan, co-founder of Clean Cape Fear and a mother whose family has been directly affected by PFAS pollution. Donovan, who brought her daughters to the EPA event, listed several activists who had raised concerns about PFAS. She said one of her fellow activists likes to say: “We are as persistent as PFAS.” 

‘Preparing for this day’
The Wilmington StarNews first reported evidence of PFAS pollution in the local water supply in 2017, tracing the contamination to the Chemours Fayetteville Works plant at the Bladen and Cumberland county line. In 2019, a consent order was negotiated by Regan’s DEQ; Chemours; and the Southern Environmental Law Center, representing Cape Fear River Watch. It requires the chemical company to reduce its impact on the water, air and soil through several measures, including well-testing and providing bottled water or other replacement water to residents. Cooper and Stein highlighted the state’s role in dealing with PFAS contamination. “In North Carolina, we’ve already been preparing for this day,” Cooper said about the new standards. “Our Department of Environmental Quality is partnering with our local water systems, getting ready, taking hundreds of samples of water, providing technical assistance.” The state will propose PFAS limits for surface and groundwater, too, he said.

‘Bring some money by’
Cumberland County Commissioner Glenn Adams praised the EPA decision and said he believed it was just the beginning. The Wednesday announcement applies to the whole nation, he said. “For us, we already knew what the issue was,” he said. “Hopefully when they talk about reducing limits they’ll bring some money by. “We’ve already been talking about Gray’s Creek and Cedar Creek — it’s spreading” he said about PFAS contamination. He says the officials he heard from today appreciated that funding was needed. “It’s a health risk,” he said. “We always talk about the health risk.”
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EPA announces new PFAS standards for water utilities, but fails to address NC chemical industry
On Wednesday, the EPA announced first-time legally enforceable maximum contaminant levels (MCL) for six types of PFAS. They include:

• • • PFOA 4.0 parts per trillion (ppt) 
    • PFOS 4.0ppt 
    • GenX chemicals 10ppt 
    • PFNA 10ppt 
    • PFHxS 10ppt  
    • Mixtures of GenX, PFNA, PFHxS, and PFBS meeting a hazard index standard of 1.

“This is a very important first step, a huge move for the EPA to protect communities in our country,” Southern Environmental Law Center senior attorney Jean Zhuang told Port City Daily. Public water utilities will be required to complete initial monitoring of the compounds by 2027 and must implement solutions to reduce chemicals exceeding the MCL by 2029. After 2029, utilities with PFAS exceeding MCLs will be required to give public notice of the violation and take action to reduce them in drinking water. The North Carolina Department of Environmental Quality is seeking federal funding from the Bipartisan Infrastructure Law and Drinking Water State Revolving Fund to assist water utilities in funding expensive filtration technology. CFPUA installed its granular-activated carbon system in 2022, which cost $43 million. It raised its rates 8% in 2022 to help cover the costs. CFPUA spokesperson Cammie Bellamy said the utility is in compliance with the EPA’s new rules and provides updated testing results. She said the site will soon include comparisons with new PFAS maximum contaminant levels. Pender County spokesperson Brandi Cobb said Pender is also in compliance with the new standards and has been filtering PFAS compounds through its GAC system. “We appreciate having a specific regulation, as it offers clarity and guidelines on the essential measures to mitigate toxic chemicals in the water,” Pender County Utilities executive director Anthony Colon told PCD. “Nonetheless, it is concerning that the EPA places more responsibility on utility companies and their customers than on the companies responsible for introducing these chemicals into the water in the first place.” While the MCL standards place requirements on public water utilities, it remains unclear if the North Carolina Department of Environmental Quality will implement the rules for companies that require pollution discharge elimination system permits. In a public comment to the EPA, CFPUA executive director Kenneth Waldroup said PFAS manufacturers should be the foremost focus of expensive regulation, not utilities. According to DEQ Deputy Communications Director Josh Kastrinsky, the agency is proposing to include the EPA’s PFAS standards in the state’s surface and groundwater standards to the Environmental Management Commission, the appointed body oversees and creates rules for DEQ. North Carolina currently does not have surface or groundwater water standards for PFAS; new standards would include PFAS in discharge permits. It’s unclear if the EPA’s new rules will affect a recent permit submitted by automotive manufacturer Lear Corporation, for instance, which included no PFAS limitations in its February draft NPDES permit for its Kenansville facility. DEQ extended the public comment period for the draft permit after a Cape Fear River Watch petition protesting the omission gained thousands of signatures. It is currently under EPA review. Kastrinksy told Port City Daily the agency is currently reviewing public comments for Lear’s draft permit and a final announcement will be made soon. “We do want to emphasize that EPA and our states need to take the next step and ensure that utilities can meet these standards — and not be too burdened — that they should begin using existing legal tools under the Clean Water Act to stop PFAS pollution at the source,” Zhuang said. Beyond Lear, she noted other known and suspected North Carolina dischargers do not have PFAS limitations in their NPDES permits, including DAK Americas’ emissions in the Cape Fear River and Colonial Pipeline, which releases in the Yadkin River watershed. “Dischargers should be tasked with implementing best available control technologies (BACT) in all cases for cleaning our waters and air,” UNCW geographer Roger Shew told PCD. “This should not be a discussion item. If the technology is available then it should be put in place —  that is and should be EPA’s responsibility.” Cape Fear River Watch executive director Dana Sargent said she views the announcement as positive, but argued the EPA’s first-time PFAS regulations should have been established decades earlier. “Thousands of people have become sick or died from PFAS exposures while the chemical manufacturers who knew of the dangers 60 years ago, cozied up to the EPA, and federal and state officials, who — instead of doing their jobs to protect human health and the environment — helped make these corporations trillions of dollars, completely unregulated, for decades,” Sargent said. On March 19, Cape Fear River Watch and other local nonprofits sent a letter to EPA expressing alarm about the agency’s private, invite-only workshop on the national PFAS testing strategy with chemical industry representatives. The groups are currently suing the EPA to require comprehensive PFAS testing in North Carolina, to include 54 Chemours-specific compounds. Zhuang pressed the fact that Wednesday’s announcement only applies to a few PFAS compounds; different agencies estimate a range from 6,000 to more than 12,000 variants. She hopes for more comprehensive regulation in the future. Sargent similarly called for more expansive action: “It’s time the USA adopts the precautionary principle followed by other developed countries, which requires companies prove their products are safe before they enter the environment, rather than waiting for people to get sick and die, before beginning a decades-long process to regulate them.” She added the agency has not sought public input for its PFAS testing strategy, which Sargent believes is excessively influenced by the chemical industry. “Even now, they refuse to regulate the corporations directly by requiring them to stop the pollution at the source, but instead put the burden on utilities to either filter this dangerous filth or do the government’s job to pressure companies to stop discharging it,” she said. Powerful business groups in the state such as the North Carolina Chamber of Commerce, North Carolina Manufacturers Alliance, and the American Chemistry Council have pushed against stronger PFAS regulations.  Legislators introduced a House Bill 600 provision last year to limit DEQ from imposing limits on PFAS, but withdrew it after public backlash. Industry groups also fought against Rep. Ted Davis Jr’s bill to require Chemours to pay for the public utilities’ PFAS filtration systems in New Hanover and Brunswick counties in 2022. Shew said DEQ should work with PFAS discharging companies to meet the new standards:. “And if they don’t, they should be held fiscally accountable. There should be incentive penalties to ensure they adhere to the new rules.”
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EPA announces first-of-its-kind restrictions on PFAS contamination in drinking water
The Environmental Protection Agency announced utilities will have to restrict the amount of forever chemicals in their drinking water supply by 2029. “Today is a significant step towards cleaner and safer water for all Americans,” Governor Roy Cooper said. “These new standards will give people the confidence they deserve when they turn on the tap.” The announcement was made Wednesday when state and federal leaders gathered in Fayetteville by the Chemours company’s Fayetteville Works Plant. Chemours contaminated the area’s drinking water supply by dumping forever chemicals in the Cape Fear River. According to the Environmental Working Group, North Carolina is third in the nation when it comes to PFAS water contamination. For years, local advocates have been calling for regulations. Dana Sargent is one such advocate and executive director of Cape Fear River Watch. She says the water contamination has caused numerous people living in Fayetteville and the Cape Fear region to experience health problems. “There are a ton of stories in this community of people with diseases that are directly linked to PFAs,” Sargent said. “Thyroid disorders, kidney and testicular cancers, things that you wouldn’t expect in the ages of people, and then it’s generational.” While Sargent is happy the limits are now in place, she questions why it took so long for them to pass the regulations and why they won’t actually be enforcing them for the next five years. “Our federal government knew PFAS was dangerous at least 26 years ago, and here we are in 2024 with the first regulation,” Sargent said. “They’re allowing sampling for three years. Currently, in North Carolina, we’ve had sampling for about 7. We don’t need any more sampling. We know there’s PFAs in the water. We could move forward right away with forcing the utilities to get these things filtered.” Sargent said she also wished the new restrictions put the burden on the producers of these chemicals, not the water suppliers. “I want our federal government and our state regulators to hold the polluters accountable, and that’s missing from this type of action,” Sargent said. “It’s our pocketbooks and it’s our health that’s been burdened by these companies who continue to bank off of this stuff.”

The new maximum contaminant levels are:

• • • PFOA 4.0 parts per trillion (ppt)
    • PFOS 4.0ppt
    • GenX chemicals 10ppt
    • PFNA 10ppt
    • PFHxS 10ppt

“These are really pretty good because it’s hard to detect those chemicals lower than those levels,” Sargent said. “The right answer would be we don’t want any PFAS contamination in our water, but there will never be a perfect filtration system.” WECT reached out to three utility companies in the area to see if they currently comply with these new restrictions. Cape Fear Public Utility Authority says all of its systems comply since they implemented a new filtration system in 2022. H2GO in Brunswick County said its systems also comply because it sources its water from Lower Peedee and Black Creek aquifers which are free of PFAS contaminants, and not the Cape Fear River. Brunswick County Public Utility says its systems do not comply with these new standards yet but should soon. The utility is in the process of building a filtration system that should help remove PFAs from the water supply. Contractors estimate the project should be completed by the end of 2024.
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With new ‘forever chemical’ standards set,
how will NC utilities clean up their water?
Filtering manmade chemicals like GenX out of public water supplies could cost billions. Utilities say their customers shouldn’t have to shoulder the costs
In a historic announcement earlier this month, the U.S. Environmental Protection Agency (EPA) announced its first-ever drinking water standards to protect people against toxic “forever chemicals.” Michael Regan, EPA administrator and North Carolina’s former top environmental regulator, traveled to Fayetteville to unveil the new regulations for six manmade per-and polyfluoroalkyl substances (PFAS), including GenX. The chemicals are used in many household and everyday items, and they “have a place and are important for certain industries and certain practices,” Regan said. But decades of uncontrolled dumping of the chemical compounds into the environment, including into waterways and groundwater that serve as drinking sources for millions, and their widespread use, including in fire-fighting foam, has seen PFAS contamination and health concerns proliferate across the country. The substances are often called forever chemicals because they do not easily break down in nature or the human body. The choice of Fayetteville for the announcement was not by accident. Seven years ago, the StarNews broke the story that water in the Cape Fear River downstream of Chemours’ Fayetteville Works Plant contained high levels of previously unknown chemicals. In the years since, PFAS have been found throughout the United States and worries about the environmental, financial and health impacts of this national contamination have seen a raft of moves to protect people, punish the PFAS polluters, and learn more about the true health impacts of the compounds that have already been linked to several types of cancer. While officials, environmentalists and grassroots activists said this month’s announcement is a welcome first step to help protect people and the environment from the still largely unknown impacts from the widespread contamination, it’s only the beginning. “It’s absolutely fantastic to now have these baseline standards for our public water systems,” said Jean Zhuang, senior attorney at the Southern Environmental Law Center (SELC). “But we need further steps to stop PFAS from getting into the environment in the first place, and that means going after the polluters who are profiting from producing these chemicals.” She added that existing legal tools, like the federal Clean Water Act, already give federal and state regulators the ammunition to go after these industries. But enforcement and seeing actual steps on the ground is a slow process. It took six years after Chemours, and its former parent DuPont, were found to have been dumping GenX and other forever chemicals into the Cape Fear River for decades from Fayetteville Works before a barrier wall and groundwater capture and treatment project were in place to stop more than 90% of PFAS-contaminated water from reaching the river. Then there’s the sheer volume of PFAS out there. According to the EPA, there are nearly 15,000 synthetic chemicals and little is known about the potential health impacts of most of them. “We’re starting with this six,” Regan said at the Fayetteville event. “With this six, we have the best science and data to design these health standards.” In a statement, Chemours said it was proud of its actions using the best-available technologies to eliminate almost all PFAS discharges from Fayetteville Works. “We know of no other company in North Carolina that has made such a significant investment to address emissions and legacy remediation,” company spokesperson Cassie Olszewski wrote. But Chemours did express some reservations over the EPA’s new PFAS limits in drinking water. “While we will review the final regulation, we have serious concerns with the underlying science used and the process EPA followed in developing the (maximum contaminant levels), including as commented to EPA by various parties,” the company said. “Chemours supports government regulation that is grounded in the best available science and follows the law.”

Multibillion-dollar bill
Announcing new standards to limit the amount of toxins coming out of people’s taps might have been the easy part. According to the EPA, the new rule’s requirements will be phased in over the next five years, with initial PFAS monitoring required to be finished within three years and then two additional years for capital improvements if the numbers come in too high. According to the N.C. Department of Environmental Quality, more than 300 water systems in the state − including 42 large municipal utilities serving a combined three million residents − have PFAS levels that will exceed the new federal standards. While some larger municipal systems like the Cape Fear Public Utility Authority (CFPUA) that serves New Hanover County and H2GO that serves Brunswick County have the financial pockets to fund the monitoring and installation of PFAS filtration systems on their own before receiving any money from potential settlements with polluters, many do not. That could leave water customers footing the bill if other sources of funding can’t be secured. Recognizing this, Regan said the federal government is making billions in funding available for PFAS testing and future capital improvements to water systems to filter out toxins. North Carolina also has made funding available to help utilities deal with PFAS contaminants. But the Denver-based American Water Works Association (AWWA) fears officials are seriously underestimating the true cost to utilities of meeting the new − and future − PFAS drinking water standards. Chris Moody, AWAA’s regulatory technical manager, said a recent study found the cost of PFAS treatment nationally to be three times higher than the EPA’s estimates, potentially requiring an investment of up to $40 billion. Then there is the EPA’s aggressive five-year timeline to have all of the improvements in place, which will leave water systems competing against each other for limited resources and manpower amid a stretched supply chain. “There is a possibility that even by water systems’ best efforts many will take longer than five years to complete construction and start-up of the new facilities,” Moody said. Which brings us back to getting industry to pony up the costs of PFAS testing and system improvements. Already some major chemical producers have announced settlements topping $11 billion with states and public water providers. That list includes 3M, DuPont, Chemours, Corteva and Johnson Controls. But many cases are continuing to work their way through the courts, and not all states and utilities have agreed to settle with the companies over their PFAS dumping. Zhuang, the SELC attorney, said it was not only important to go after polluters for the PFAS contamination they’ve already caused, but use regulatory steps to stop any more toxins from entering the environment. “We are very excited about this announcement and these new drinking water standards, but there’s always more work that needs to be done,” she said.

More information
Details about the EPA’s new PFAS drinking water standards:

• • For PFOA and PFOS, EPA is setting a maximum contaminant level (MCL) goal, a non-enforceable health-based goal, at zero. This reflects the latest science showing that there is no level of exposure to these contaminants without risk of health impacts, including certain cancers.
  • EPA is setting enforceable MCL at 4.0 parts per trillion for PFOA and PFOS, individually. This standard will reduce exposure from these PFAS in our drinking water to the lowest levels that are feasible for effective implementation.
  • For PFNA, PFHxS, and “GenX Chemicals,” EPA is setting the MCLGs and MCLs at 10 parts per trillion.
  • Because PFAS can often be found together in mixtures, and research shows these mixtures may have combined health impacts, EPA is setting a limit for any mixture of two or more of the following PFAS: PFNA, PFHxS, PFBS, and “GenX Chemicals.
    

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Previously reported – August 2024
Court dismisses case challenging PFAS health advisory
The U.S. Court of Appeals this week dismissed a chemical company’s claim that the health advisory the Environmental Protection Agency issued in June 2022 for certain man-made chemicals found in drinking water was “unlawful and should be vacated.” The 3rd Circuit three-judge panel in Philadelphia heard the argument Jan. 31 and filed its opinion Tuesday. Chemours Co., which has a facility near Fayetteville, cited a section of the Safe Drinking Water Act that allows petitions for review of “any … final action of the Administrator under this chapter,” according to the ruling. “Contending that the advisory was unlawful, the Chemours Company petitioned for review of EPA’s action. We will dismiss the petition for lack of subject matter jurisdiction because the health advisory is not a final agency action,” the judges found. The EPA estimates that there are thousands of different per- and polyfluoroalkyl substances, or PFAS, chemicals used in a range of products like home goods and in manufacturing. PFAS have been detected in surface water, groundwater, rainwater and drinking water. Exposure to some of these widely used, long-lasting synthetic chemicals may be toxic to humans. “This decision supports the very important Safe Drinking Water Act health advisory program,” EPA press secretary Remmington Belford told Coastal Review Wednesday about the ruling. The Center for Environmental Health, Cape Fear River Watch, Clean Cape Fear, Democracy Green, North Carolina Black Alliance, Toxic Free North Carolina, Natural Resources Defense Council and five residents intervened a month after Chemours filed the petition for review in July 2022. Officials with the groups released an announcement Tuesday applauding the court’s decision. “Through the years, our community has learned that when companies like Chemours are not actively hiding the science, they are usually attacking it. This is a win for public health and every resident harmed by GenX exposures. The courts got it right this time,” Emily Donovan, co-founder of Clean Cape Fear said Tuesday in a release. “We were hopeful and cautiously optimistic; however, we’ve also seen a shift in court rulings recently that have not been friendly to environmental protections and public health. Yesterday’s verdict was refreshing,” she said in an interview Wednesday. “We believe this ruling is significant for private well owners in the region dealing with Chemours-specific PFAS contamination,” Donovan continued, adding that DEQ adopted the EPA’s GenX health advisory when it came out in 2022 and the ruling Tuesday means DEQ can keep moving forward and require Chemours to provide remedies to private well owners who have levels of GenX exceeding 10 parts per trillion. Historically it was 140 ppt. “DEQ has made addressing PFAS a priority and will continue to rely on science-based, peer-reviewed health standards to protect human health in North Carolina while implementing the Maximum Contaminant Levels set by EPA and pursuing state-level surface water and groundwater standards for PFAS compounds, including GenX,” NCDEQ Deputy Communications Director Josh Kastrinsky said Wednesday. “The Court strongly and unanimously rejected Chemours’s attempt to kill EPA’s scientific guidance on how communities can protect themselves from toxic GenX contamination in tap water,” said Sarah Tallman, senior attorney with the Natural Resources Defense Council. “Everyone has a right to turn on their kitchen tap and have safe water, so we will continue to fight the chemical industry and others who try to block efforts to protect our health from toxic hazards.” Cape Fear River Watch Executive Director Dana Sargent said in the release that Chemours fought this health advisory level “for the same motivation behind all their actions: money. While the court did not acknowledge their smokescreen, we are grateful they rejected Chemours’ nefarious claim.” Chemours said the ruling was merely a procedural loss. “While we are disappointed with the Third Circuit’s dismissal of our appeal on procedural grounds, the decision means the U.S. EPA’s health advisory on HFPO-Dimer Acid (HFPO-DA) is not enforceable,” Chemours Representative Cassie Olszewski told Coastal Review Wednesday. “Chemours has challenged — along with groups of drinking water providers and manufacturers — the EPA’s Maximum Contaminant Limits (MCL) for drinking water which utilize, in part, the same scientifically unsound analysis. We look forward to having the D.C. Circuit consider the merits of our arguments in connection with our pending challenge to the EPA’s MCL regulation,” Olszewski said.

Leading up to the judges’ decision
After news reports in June 2017 that several types of PFAS had been detected in the Cape Fear River, the North Carolina Department of Environmental Quality identified Chemours’ Fayetteville Works facility as the source. Cape Fear River watch sued both the Department of Environmental Quality and Chemours, resulting in a consent order that has allowed the company to continue operating since February 2019. Since then, both the EPA and DEQ say they have been taking steps to address PFAS. “Drinking water health advisory levels are non-regulatory health-based values that are provided for informational purposes,” according to the EPA. “On June 15, 2022, the EPA published final drinking water health advisories (HAs) for perfluorobutane sulfonic acid and its potassium salt (PFBS) and hexafluoropropylene oxide dimer acid (HFPO-DA) and its ammonium salt (‘GenX chemicals’).” The final health advisory values were based on the final EPA toxicity assessments published in 2021, the agency said. Chemours uses HFPO-DA as a “patented polymerization aid in the manufacture of fluoropolymers,” the trade name for which is GenX, according to the company. Chemours filed the petition for review in July 2022, saying the health advisory was arbitrary and capricious and that it was otherwise inconsistent with the law, because EPA incorporated grossly incorrect and overstated exposure assumptions―in essence, EPA used the wrong chemical when making its exposure assumptions, thereby resulting in a significantly less tolerant health advisory for HFPO Dimer Acid than is warranted by the data,” according to the petition. The 3rd Circuit found that Congress enacted the Safe Water Drinking Act to protect drinking water quality and authorizes the EPA administrator to address contaminants in waters by taking various actions, such as putting a regulation in place or issue health advisories. Once EPA officials have the final toxicity assessment, exposure factors and relative source contribution, the federal agency can then publish a health advisory “to inform decisionmakers of what it deems is a safe level of the contaminant in drinking water.” In this instance, the EPA developed a health advisory. Advisories are not regulations, but “provide information’ about a safe level of a contaminant so that government officials and managers of public water systems can ‘determine whether actions are needed to address the presence of [the] contaminant in drinking water,’” the court found. In August 2022, the nonprofit organizations and five residents intervened in the case. The Center for Environmental Health represented Cape Fear River Basin community groups and individuals who have relied on the advisory to fight for health protective drinking water, Senior Legislative Counsel Tom Fox said in a release. “The Third Circuit correctly found that it lacked subject matter jurisdiction because the GenX health advisory is not a final agency action. The court rejected Chemours’ attempts to convert the advisory into a reviewable action with examples of indirect consequences of the health advisory,” Fox said. Donovan told Coastal Review Wednesday that Clean Cape Fear intervened because ‘We wanted the courts to see that the American people — especially those of us living in North Carolina, are hungry for strong enforceable protections the Biden/Harris EPA is implementing regarding PFAS. Chemours publicly claims GenX is safe but the best available science disagrees. We’re tired of Chemours attacking the EPA when it actually begins to do its job and serve the people.”

What’s next?
Chemours filed in June a similar petition for review in the Washington, D.C., circuit after the EPA issued in April the final National Primary Drinking Water Regulation for six PFAS, including perfluorobutane sulfonic acid and its potassium salt, or PFBS, and GenX chemicals, specifically, HFPO-DA. “EPA expects that over many years the final rule will prevent PFAS exposure in drinking water for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious PFAS-attributable illnesses,” the agency said in April. The drinking water regulation established legally enforceable levels for several PFAS. Donovan noted Wednesday that Clean Cape Fear had learned Tuesday that the group was granted the ability to intervene in defense of EPA’s PFAS drinking water standards. “Chemours, the American Chemistry Council and other groups sued the EPA earlier this year when the first-ever federal drinking water standards for PFAS were finalized. We joined forces with EarthJustice and other contaminated community groups across the nation to intervene in that lawsuit, as well,” she said.
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Federal court backs EPA’s GenX health advisory
Last week, the 3rd Circuit Court of Appeals sided with the U.S. Environmental Protection Agency in a suit brought by Chemours. The chemical company, which manufactures GenX (HFPO-DA), a class of a per-and polyfluoroalkyl substances, at its Fayetteville Works facility, challenged the health advisory established by the agency in 2022 for GenX in groundwater. Chemours claimed the EPA set the advisory level too low — at 10 parts per trillion — and relied on faulty research to establish it. However, the three-judge panel ruled that the advisory was not a federal regulation and, therefore, rejected Chemours’ argument that the EPA acted unlawfully when issuing a health advisory about the exposure risks of GenX in drinking water. “Through the years, our community has learned that when companies like Chemours are not actively hiding the science, they are usually attacking it,” said Emily Donovan, co-founder of Clean Cape Fear. “This is a win for public health and every resident harmed by GenX exposures. The courts got it right this time.” In April 2024, the EPA established maximum contaminant levels for six PFAS in drinking water, out of the thousands of PFAS manufactured in the U.S. The court’s ruling means a consent order, established in 2019 between Chemours, Cape Fear River Watch, and the North Carolina Department of Environmental Quality, will remain intact — at least for now. Chemours vows to mount more court challenges. Under the consent order, Chemours is required to carry out specific tasks, such as drinking water well testing, for people who live near the site, including in New Hanover, Brunswick, Pender, and Columbus counties. That includes extending testing to one-quarter mile beyond the closest well with PFAS levels above 10 parts per trillion and annually retesting any wells sampled. Additionally, Chemours is responsible for providing clean drinking water options, such as whole-house filtration systems, to those with wells contaminated with GenX compounds above 10 ppt. For area homeowners like Wilmington resident and business owner Steve Schnitzler, whose well’s GenX level exceeded the health advisory standard when it was tested in August 2023, the court’s ruling means Chemours must keep providing safe drinking water to his home. “I have four reverse osmosis systems in my house right now that Chemours paid for and will maintain for the next 20 years so that we can have clean drinking water,” he said.  

‘Forever chemicals’
There are roughly 15,000 unique per- and polyfluorinated substances (PFAS) in the environment, according to experts. Because of their persistence in the environment, PFAS are commonly referred to as “forever chemicals.” They are present in multiple products, including cosmetics and apparel, microwave popcorn wrappers, dental floss, firefighting turnout gear and some firefighting foams. The chemicals are associated with such adverse health effects as increased cholesterol levels, kidney and testicular cancer, dangerously high blood pressure in pregnant women and decreased vaccine response in children. The two most extensively produced and studied families of compounds, PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonic acid), have been phased out in the U.S. Still, because they don’t break down quickly, they can keep accumulating in the environment and in the human body. GenX or HFPO-DA (hexafluoropropylene oxide dimer acid) was created as a replacement for PFOA.

 PFAS Glossary

PFOA – Perfluorooctanoic acid, also known as C8, is produced, and used as an industrial surfactant, which helps things not to stick to one another in chemical processes. It also is a raw material for other forms of PFAS. PFOA was widely manufactured but has largely been phased out of production.

PFOS – Perfluorooctanesulfonic acid was a key ingredient in Scotchgard before being banned by the European Union and Canada. Several U.S. states have banned the chemical, derivatives of which were also used in cosmetics. The EPA announced in 2021 that it would regulate the presence of PFOS in drinking water.

GenX – is a derivative salt of hexafluoropropylene oxide dimer acid (HFPO-DA) and was manufactured by Chemours. It’s the substance initially found contaminating the Cape Fear River in 2017. GenX has been used widely in food wrappings, paints, cleaning products, nonstick coatings, and some firefighting foams.

A win for now?
Chemours plans to continue to press its case against the EPA’s position on forever chemicals and will next look to present arguments in a Washington, D.C., appeals court, according to Reuters. Looming in the background of the legal battle between Chemours and the EPA is the U.S. Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo. The court ruled that federal agencies such as the EPA would no longer have the authority to use their expertise to interpret ambiguous laws. Instead, judges will assume responsibility for doing so. The ruling affects the so-called Chevron Doctrine, which emerged from a 1984 Supreme Court case between Chevron Corp. and the Natural Resources Defense Council. The court ruled to defer to the experts at regulatory agencies when federal regulations were ambiguous, so long as the regulators provided a reasonable interpretation. Could the Supreme Court’s ruling handicap regulators and tip the scales and favor corporations such as Chemours in future cases? “The repeal of Chevron deference can cut both ways,” said Tom Fox, senior legislative counsel for the Oakland, California-based Center of Environmental Health. “After all, Chevron v. [Natural Resources Defense Council] in 1984 was a case brought by NRDC challenging the Reagan administration’s deregulatory actions under the Clean Air Act.” Fox said. “It could be argued that Loper Bright may make it easier to challenge deregulatory actions. It also could be argued that the court’s decision did not affect deference to agency scientific judgments. However, we have seen numerous examples of the Roberts court (and lower court judges) ignoring and/or cherry-picking facts, science, and history.” When asked what environmental groups and their supporters can do to prepare for a possible shifting legal landscape, Fox said to do their homework and stay vigilant. “I would advise public interest organizations to be strategic in bringing cases in appropriate judicial districts,” he said. “In addition, the Loper Bright decision highlights the importance of science and community involvement in agency rulemakings.” As a business owner, Schnitzler posed a question for those who place business interests above public health. “This general ‘business can do no wrong, and we have to keep allowing [corporations] to do horrible things because otherwise we’ll stifle innovation and will stifle growth,’ at what cost?” he asked.
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