GenX Public Hearing Wednesday, August 22, 2017 JOINT LEGISLATIVE - PowerPoint PPT Presentation

GenX Public Hearing Wednesday, August 22, 2017 JOINT LEGISLATIVE ENVIRONMENTAL REVIEW COMMISSION NEW HANOVER COUNTY GOVERNMENT CENTER

OVERVIEW  GenX , also known as “C3 Dimer Acid,” is a chemical produced at two facilities at the old DuPont Fayetteville Works site, which is located along the Cape Fear River in Cumberland and Bladen counties and is now owned by the company known as Chemours.  At the main production facility, GenX is intentionally produced and sold commercially as part of various household products. At that facility, GenX is captured and waste is taken off site for incineration.  At a different production area at the same site, GenX is also created as a waste byproduct during the production of polyvinyl ether. Polyvinyl ether has been manufactured at the Fayetteville Works site since 1980.  The wastewater from polyvinyl ether manufacturing, which contains GenX, is ultimately discharged into the Cape Fear River through the Chemours discharge point, which is regulated under a permit issued and administered by the N.C. Department of Environmental Quality.

GenX Timeline June 1980 2017 Polyvinyl ether is created at the DuPont site in Fayetteville generating GenX that was discharged into the Cape Fear River

EPA funded study led by DuPont signed consent order with DEQ and DuPont met to Professor Detlef Knappe at EPA agreeing to capture 99% of discuss an EPA study that CFPUA took 34 to 37 samples GenX associated with its of raw intake water from the identified a new compound in commercial production. This order Cape Fear. Notes from the Cape Fear. Average GenX did not cover wastewater containing meeting also stated that concentration of 631 ppt was GenX generated during production DuPont is no longer found with some samples as of polyvinyl ether since1980. discharging C3 Dimer acid (or high as 4,500 ppt. GenX) into the river. June to August August 2009 December June 2015 2010 2014 2013 DuPont met with NCDEQ to discuss the Samples of raw and drinking water renewal of their discharge permit set to were taken. The samples came back expire October 2011. A hand written with GenX concentrations at 400 and note from this meeting said “Process 500 ppt revealing the plants’ GenX wastestream – captured and treatment process as ineffective. disposed of off site by incinerator.”

DEQ met twice with Professor Knappe and the Cape Fear Public Utility Authority Chemours was spun off from regarding potential health Professor Knappe published a DuPont into a separate study in an environmental effects of GenX. company. journal. Jul 1, Apr 27, Nov10, Nov 23, April 2015 2016 2016 2016 2017 DEQ received a renewal Professor Knappe forwarded a copy application for the of his study to DEQ employees and Chemours discharge stated “I think it would be useful to permit. A renewal has not discuss the results.” yet been issued.

A meeting was held between Chemours, DEQ, and possibly Professor Knappe forwarded an Gov. Cooper’s office. The abstract of a Swedish study to meeting notes indicate that Cape Fear Public Utility Authority Michael Johnson, environmental that purported that GenX is manager for Chemours, more toxic than PFOAs, the disclosed that GenX has been chemical it replaced. discharged from the “Vinyl Ether Process” since 1980. Apr 22, Jun 7, Jun 8, Jun 12, 2017 2017 2017 2017 DHHS released a health risk Article is published in assessment for GenX that set the safe Wilmington Star-News level at 70,909 ppt. revealing GenX in the drinking water from the CFPUA.

Chemours met with officials DEQ and DHHS issued a press DEQ issued a press release from local and state release that published results of stating its inspectors verified government. Following this DEQ sampling for GenX and that Chemours is containing meeting, Secretary Regan told lowered the health risk all wastewater from the the Wilmington Star-News, assessment by more than 500 relevant area so GenX is no “What we have here is a times to 140 ppt , based upon longer being discharged in situation where the company is continuing analysis of health the Cape Fear River. not breaking the law.” data and consultation with EPA. Jun 15, Jun 19, Jun 27, Jun 29, Jul 14, 2017 2017 2017 2017 2017 DEQ began its GenX sampling efforts in DEQ informed the Wilmington Star- Cape Fear River. Final round of sampling News that GenX was disclosed in the revealed GenX concentrations of 68 to 125 current and all previous permit ppt in finished water at treatment plants. applications by DuPont and Chemours as being discharged into the Cape Fear River.

Gov. Cooper claimed that NC needs DEQ was served with a the EPA to establish a federal standard federal criminal subpoena on GenX before the state can take any AG issued an “investigative from the U.S. Attorney’s action. In reality, NC already has all the demand” requiring Chemours Office in the Eastern District. authority it needs to take any to produce documents The subpoena is for all regulatory action it wishes regarding related to the GenX’s safety. records and files related to GenX. DEQ routinely regulates many Chemours. chemicals that do not have a federal standard. Jul17, Jul 20, Jul 21, Jul 24, Jul 28, 2017 2017 2017 2017 2017 Gov. Cooper and Sec. Regan held a press conference in Wilmington to announce: CFPUA press release announced a DEQ will deny Chemours ’ permission to discharge any GenX into water sample taken the previous the Cape Fear River. week showed that concentrations of Gov. Cooper asked SBI to determine if a criminal investigation is GenX remained above the level warranted. recommended by the state. Gov. planned to request a special appropriation from the General Assembly when it reconvened in August to allow his administration to hire more staff.

A group of lawmakers sent a letter to Gov. Cooper asking 21 questions to address inconsistencies in administration's handling of Lawmakers announced a GenX crisis and to obtain more information joint legislative oversight on how the additional appropriation would committee hearing to The General Assembly make a meaningful difference in water investigate the discharge of reconvened for a one- quality and public safety in the lower Cape GenX into the Cape Fear day session. Fear region. River. Aug 3, Aug 8, Aug 9, Aug 14, Aug 18, 2017 2017 2017 2017 2017 Secretary Regan and Secretary Two of Gov. Cooper’s cabinet Cohen responded to lawmakers secretaries, DEQ Secretary Regan on Gov. Cooper’s behalf but and DHHS Secretary Cohen, wrote to failed to directly answer the lawmakers requesting a roughly overwhelming majority of $2.58 million additional appropriation questions posed to the they said would respond to the administration. presence of GenX in the Cape Fear River.