The Chemours Company (Chemours) is a global leader in titanium technologies, fluoroproducts and chemical solutions. (PRNewsFoto/The Chemours Company)
By Erin Smith
A public comment period regarding a proposed consent order between the NC Department of Environmental Quality, Chemours and Cape Fear River Watch will close on Monday.
The proposed consent order was filed on November 21, 2018, in Bladen County Superior Court. The proposed consent order calls for Chemours to pay a $12 million civil penalty, $1 million for investigative costs, dramatically reduce GenX air emissions and provide permanent replacement drinking water supplies for those with drinking water wells with GenX levels above 140 parts per trillion or applicable health advisory.
Chemours denies any violations of the law, its permits to operate, or regulations in the proposed consent order. The proposed consent order contains language that states Chemours is agreeing to the order in order to avoid “the expense, burden and uncertainty of litigation and to address community concerns about the facility.”
The Cape Fear Public Utility Authority (CFPUA) has issued their own comments regarding the consent order. The CFPUA stated in their written comments that the proposed consent order is “fundamentally flawed.”
The CFPUA states, “Disclosure of the identity, concentrations, and quantities of all PFAS that are or could be released to the environment by Chemours is essential. The proposed Consent Order does not impose this requirement.”
It continues, “Most concerning, the proposed Consent Order appears to allow a blanket claim of confidential business information (“CBI”) by Chemours, with little or no opportunity for public participation or knowledge.”
CFPUA also claims that users of the Cape Fear River downstream from Chemours are being treated differently by the consent order than residents who have reported GenX contamination in their wells.
The consent order does place specific conditions on the company. Some of the proposed conditions include:
*providing permanent drinking water supplies to those who have wells that have GenX levels higher than 140 parts per trillion. The consent order specifies the drinking water must be provided in the form of a waterline or while building filtration system.
*provide under-the-sink reverse osmosis drinking water systems for well owners.
*reduce air emissions and complete construction of new emission controls. By Dec. 31, 2019, install a thermal oxidizer to control all PFAS from multiple process streams, demonstrate PFAS reductions at an effectiveness of 99.99 percent efficiency and a 99 percent reduction facility-wide for GenX emissions compared to the 2017 baseline level.
*Sample drinking water wells at least one-quarter mile beyond the closest well that had PFAS levels above 10 parts per trillion as well as annually retest wells that were previously sampled.
The NC Department of Environmental Quality say it will “fully address” the comments received at the close of the comment period.
Comments on the proposed consent order may be submitted electronically to comments.chemours@ncdenr.gov. Comments may also be submitted by mail to: Assistant Secretary’s Office, Attn: Chemours Public Comments, 1601 Mail Service Center, Raleigh, N.C. 27699-1601.
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