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N.C. DEQ permit to Chemours allows for avoidable GenX and other PFAAS pollution in Cape Fear River
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N.C. DEQ permit to Chemours allows for avoidable GenX and other PFAAS pollution in Cape Fear River

March 25, 2022| March 25, 2022

Residents are urged by groups to demand stronger protections

CHAPEL HILL N.C. Conservation groups urged the North Carolina Department of Environmental Quality (NCDEQ) to impose higher limits than the draft permit proposed by Chemours that would allow the discharge of toxic PFAS into the Cape Fear River via its new groundwater treating system. Under the consent order signed by Chemours, the Department of Environmental Quality and Cape Fear River Watch, groundwater treatment is required. In negotiations that led to this consent order, Cape Fear River Watch was represented by the Southern Environmental Law Center.

Geoff Gisler is a senior attorney at Southern Environmental Law Center. Geoff took Chemours as well as DEQ to court to stop PFAS pollution in the Cape Fear River. The consent order required that technology be installed in certain areas of Chemours site has almost eliminated PFAS pollution. DEQ must use this information to protect communities against PFAS contamination in Chemours proposed release. This protection is not provided by the DEQ draft permit.

The consent order required that Chemours Old Outfall002 be surveyed for data. It was opened in October 2020 and has consistently reduced levels of all monitored PFAs to levels below 2 ppt. The discharge monitoring reports submitted by DEQ since November 2020 show that the Old Outfall 002 system never discharged more then 2.3 ppt GenX, 26.5 ppt PFMOAA or 10 ppt PMPA. No other PFAS were detected in the facility’s discharge. DEQ plans to allow Chemours almost identical groundwater treatment system to discharge more that 120 ppt GenX, 640 ppt PFMOAA and 130 ppt PMPA. The draft permit allows for more than 1,300 ppt of monitored PFAS.

After all that we have learned over five years, it is surprising that DEQ would draft a permit allowing Chemours PFAS release into the Cape Fear River. We need DEQ to do its job and protect us from Chemours’ historic and consistent disregard for human health and the environment.

The consent order stipulates that Chemours must remove the GenX and other PFAS pollutants from the source. The Chemours Fayetteville Works Facilityprovides clean drinking waters to North Carolinians with contaminated water wells, and ensures that the Cape Fear River is safe and healthy for downstream communities. The river is the source of drinking water for Wilmington, N.C. (New Jersey)

Hanover, Pender, Brunswick Counties downstream. Their treated drinking water has high levels of GenX, and other PFAS.

The Environmental Protection Agency issued a revised toxicity Level for GenX in fall 2021. It is expected that it will release a Health Advisory Level in spring 2022. The new health advisory will likely significantly lower the existing North Carolina Health advisory at 140 ppt.

Here is a timeline of contamination discovery, litigation, and consent order.

You can view a graphic that shows the path of PFAS contamination here.

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