April 09, 2018

Amid continued concern over GenX and its presence in the Cape Fear River – the main drinking water source for Wilmington and surrounding areas – North Carolina has put Chemours (NYSE: CC) on notice over air emissions of the chemical.

On Friday, the N.C. Division of Air Quality submitted a 60-day notice to Chemours outlining NCDAQ’s intention to modify the air permit for Chemours’ Fayetteville Works facility.

“Based on our investigation, DAQ has concluded that the conditions under which the current version of the permit was issued on December 14, 2016 have changed,” it states in a letter to Chemours.

“At that time, DAQ had no knowledge that Chemours was emitting GenX compounds at the current rates reported by Chemours, that GenX compounds emitted from the Chemours facility in such quantities that were transmitted and deposited on the land surface by rainfall several miles away from the facility, or that such deposition caused or contributed to widespread contamination of groundwater in violation of the state’s groundwater standards,” NCDAQ further states.

By April 27, Chemours must show that GenX air emissions from the facility do not violate groundwater standards, or they will be prohibited. 

NCDAQ's notice to Chemours comes at a time when residents of Wilmington and surrounding areas are involved in a class-action lawsuit that alleges DuPont and former wholly-owned subsidiary Chemours disregarded tests and illegally dumped GenX. 

Cohen Milstein Sellers & Toll and Susman Godfrey are serving as co-lead counsel for the class. Aside from the traditional means of water contamination, Cohen Milstein noted recently that independent research suggests that GenX may be airborne as well. 

The full article can be read here.