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Category Archive for ‘GenX class action litigation’

North Carolina Issues Air Permit for Chemours to Install Thermal Oxidizer to Reduce PFAS Emissionsby Andrew Whiteman

On March 14, 2019, The North Carolina Department of Environmental Quality’s Division of Air Quality (“DAQ”) issued a permit to The Chemours Company FC, LLC (“Chemours”) for the installation and operation of a thermal oxidizer/scrubber system to reduce air emissions of PFAS and GenX at Chemours’ Fayetteville Works facility. The permit incorporates the requirements of the consent order agreed to by DAQ and Chemours and approved by Judge Douglas B. Sasser in Bladen County Superior Court on February 25, 2019. The permit and requires Chemours to install the thermal oxidizer by December 31, 2019 and reduce all PFAS emissions by 99%.

The permit requires the installation of the thermal oxidizer/scrubber system and the continued operation of the two carbon absorbers installed in May of 2018. Initial testing is required within 90 days of installation to confirm the 99% emission reduction. Continuous monitoring systems and annual testing are required to verify compliance with the permit conditions. The permit also requires the facility to operate under an Enhanced Leak Detection and Repair program.

The final permit and related documents can be found on DAQ’s website.

 

 

GenX – EPA cites Chemours for Violating the Toxic Substances Control Act.by Andrew Whiteman

GenX – EPA cites Chemours for Violating the Toxic Substances Control Act

A recent notice of violations issued by the United States Environmental Protection Agency alleges that The Chemours Company failed to disclose its use of toxic chemicals at plants located in North Carolina and West Virginia.

On February 13, 2019, the EPA cited Chemours for violating Sections 5 and 8 of the Toxic Substances Control Act (“TSCA”). The alleged violations occurred at Chemours’ Fayetteville Works facility located near Fayetteville, North Carolina, and its Washington Works facility near Parkersburg, West Virginia.

The notice of violations alleged that Chemours committed the following violations: (1) Chemours failed to submit to the EPA a Pre-Manufacture Notice prior to manufacturing or importing a new chemical substance; (2) Chemours failed to comply with the applicable Significant New Use Rules (“SNUR”) and failed to submit a Significant New Use Notice (“SNUN”) to the EPA; (3) Chemours failed to comply with a TSCA Section 5(e) order; and (4) Chemours failed to comply with TSCA Section 8 and the Chemical Data Reporting rule by failing to meet reporting and record-keeping requirements.

Chemours failed to give required notices for several chemicals including HFPO, a chemical used to make the compound GenX. The EPA classifies GenX as an “emerging contaminant” on the basis of animal studies that show oral exposure to GenX may affect the kidneys, blood, immune system, and liver and developing fetuses. The EPA also cited Chemours for violating a 2009 agreement with the regulator that would have prevented 99 percent of the chemical from entering the water and air.

The EPA gave Chemours 14 days to respond to the notice of violations.

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Whiteman Law Firm, along with several other firms, is representing plaintiffs in class action lawsuits against DuPont and Chemours for environmental contamination of the air and water in southeastern North Carolina. In these lawsuits, the plaintiffs alleged that the defendants discharged toxic chemicals from their chemical production facility near Fayetteville, North Carolina into the surrounding air and water. The plant produces chemicals that are used to make non-stick coatings for cookware and other consumer products. Plaintiffs alleged that DuPont and Chemours knew that this family of chemicals is dangerous, but nevertheless dumped these chemicals into the air and water to avoid the expense of taking appropriate safety precautions while misleading regulators about the nature of their discharges.

Please contact us for more information.

 

Andrew Whiteman participates in public meeting on GenX contamination of Cape Fear Riverby Andrew Whiteman

On December 4, 2018, Andrew Whiteman participated in a public meeting held at Cape Fear Community College in Wilmington, North Carolina. The purpose of the meeting was to discuss the status of the latest scientific research into the toxicity of chemicals found in in the Cape Fear River, the recent regulatory settlement between the North Carolina Department of Environmental Quality and Chemours, and the ongoing litigation brought by class action plaintiffs and water utilities against DuPont and Chemours. Presentations were made by Larry Cahoon, a University of North Carolina at Wilmington biology professor, and Ted Leopold, an attorney with Cohen Milstein Sellers & Toll, co-lead counsel for the class. Introductory remarks were provided by Andy McGlinn of the Cape Fear Sierra Club.

See the StarNews report of the meeting.

Whiteman Law Firm, along with several other firms, is representing plaintiffs in class action lawsuits against DuPont and Chemours for environmental contamination of the air and water in southeastern North Carolina. In these lawsuits, the plaintiffs alleged that the defendants discharged toxic chemicals from their chemical production facility near Fayetteville, North Carolina into the surrounding air and water. The plant produces chemicals that are used to make non-stick coatings for cookware and other consumer products. Plaintiffs alleged that DuPont and Chemours knew that this family of chemicals is dangerous, but nevertheless dumped these chemicals into the air and water to avoid the expense of taking appropriate safety precautions while misleading regulators about the nature of their discharges.

GenX litigation – DEQ announces settlement of PFAS claims against Chemoursby Andrew Whiteman

On November 21, 2018, North Carolina environmental officials announced a proposed settlement between the Department of Environmental Quality (“DEQ”), Cape Fear River Watch, and Chemours. According to the State’s press release, the proposed consent order outlines a comprehensive resolution regarding per- and polyfluoroalkyl substances (“PFAS”) contamination originating from Chemours’ Fayetteville Works facility. It requires Chemours to dramatically reduce toxic water and air emissions, provide permanent replacement drinking water supplies for adjoining residents, and pay a $12 million civil penalty to DEQ.

The proposed consent order may be found here.

The settlement will not affect lawsuits brought by class action plaintiffs or public utilities.

Whiteman Law Firm, along with several other firms, is representing plaintiffs in class action lawsuits against DuPont and Chemours for environmental contamination of the air and water in southeastern North Carolina. In these lawsuits, the plaintiffs alleged that the defendants discharged toxic chemicals from their chemical production facility near Fayetteville, North Carolina into the surrounding air and water. The plant produces chemicals that are used to make non-stick coatings for cookware and other consumer products. Plaintiffs alleged that DuPont and Chemours knew that this family of chemicals is dangerous, but nevertheless dumped these chemicals into the air and water to avoid the expense of taking appropriate safety precautions, while misleading regulators about the nature of their discharges.

Scientists have found GenX and other PFAS chemicals in the Cape Fear River, in wells located adjacent to the Chemours facility, and in air samples.

On November 14, 2018, the U.S. Environmental Protection Agency issued draft toxicity assessments for GenX chemicals and PFBS. According to the EPA’s Fact Sheet, animal studies have shown that GenX causes adverse health effects in the liver, kidney, blood, and immune systems and in developing fetuses, and studies of PFBS have shown health effects on the thyroid, reproductive organs and tissues, and kidneys and in developing fetuses.

The EPA’s draft guideline for exposure to GenX, 80 parts per trillion, is lower than the health goal of 140 parts per trillion issued by the North Carolina Department of Health and Human Services. In contrast, in June 2017 scientists working for the North Carolina Department of Environmental Quality found concentrations of GenX of between 421 ppt and 1100 ppt at four locations along the Cape River.

According to the EPA’s press release, following the closure of a 60-day public comment period, the EPA will consider the comments, revise the draft documents, as appropriate, and then publish final toxicity assessments.

Please contact Whiteman Law Firm for more information.

 

GenX class action lawsuit – EPA issues draft GenX and PFBS toxicity assessmentsby Andrew Whiteman

Whiteman Law Firm, along with several other firms, is representing plaintiffs in class action lawsuits against DuPont and Chemours for environmental contamination of the air and water in southeastern North Carolina. In these lawsuits, the plaintiffs alleged that the defendants discharged toxic chemicals from their chemical production facility near Fayetteville, North Carolina into the surrounding air and water. The plant produces chemicals that are used to make non-stick coatings for cookware and other consumer products. Plaintiffs alleged that DuPont and Chemours knew that this family of chemicals is dangerous, but nevertheless dumped these chemicals into the air and water to avoid the expense of taking appropriate safety precautions while misleading regulators about the nature of their discharges.

Scientists have found GenX and other polyfluorinated chemicals in the Cape Fear River, in wells located adjacent to the Chemours facility, and in air samples.

On November 14, 2018, the U.S. Environmental Protection Agency issued draft toxicity assessments for GenX chemicals and PFBS. According to the EPA’s Fact Sheet, animal studies have shown that GenX causes adverse health effects in the liver, kidney, blood, and immune systems and in developing fetuses, and studies of PFBS have shown health effects on the thyroid, reproductive organs and tissues, and kidneys and in developing fetuses.

The EPA’s draft guideline for exposure to GenX, 80 parts per trillion, is lower than the health goal of 140 parts per trillion issued by the North Carolina Department of Health and Human Services. In contrast, in June 2017 scientists working for the North Carolina Department of Environmental Quality found concentrations of GenX of between 421 ppt and 110 ppt at four locations along the Cape River.

According to the EPA’s press release, following the closure of a 60-day public comment period, the EPA will consider the comments, revise the draft documents, as appropriate, and then publish final toxicity assessments.

Please contact Whiteman Law Firm for more information.

 

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