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.
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