WILMINGTON — The Cape Fear Public Utilities Authority Board is seeking action and information from governmental agencies regarding the introduction of the chemical Gen X into the Cape Fear River.
The agency on Monday filed a Freedom of Information Act request of the federal Environmental Protection Agency for all records it has regarding the chemical GenX.
The letter, which the agency posted to its social media accounts, is signed by V. Randall Tinsley, of Brooks Pierce, acting as “environmental counsel” to the authority.
The request seeks all records concerning GenX, as well as chemicals “structurally or functionally” similar to GenX. It also asks for the same records regarding Perfluoroalkyl ether carboxylic acids, or similar chemicals, as well as records about the toxicity of the chemicals to humans.
The letter is also seeking records about EPA actions regarding GenX and similar chemicals and compliance/non-compliance records.
Similar letters were sent to the N.C. Department of Environmental Quality.
Another letter, addressed to DEQ Secretary Michael S. Regan, outlines the authority’s request for an “extensive sampling and analysis program to detect and determine the concentrations of GenX Pollutants in certain effluents, in the Cape Fear River, and in the issues of aquatic organisms” in the river.
The eight-page letter outlines the testing the CFPUA wants, including random water tests at CFPUA intakes, steams, and effluent, as well as tissue samples from “appropriate species of fish” and benthic organisms (clams, crayfish, mussels, etc.) at intakes.
The letter to Regan then specifically references The Chemours Company’s current permit application process. The company is seeking a renewal of the permit that expired last October to continue operating its plant at Fayetteville, from which it is believed the GenX is entering the water. (The company can legally operate while the application is being reviewed.)
Tinsley presents a set of criteria by which the permit should be held to. It includes limiting the release of GenX to amounts that would not negatively affect public health.
“If Chemours, for any reason, does not provide sufficient evidence to reasonably ensure that the proposed system will comply with all applicable water quality standards and requirements, we request the Chemours application for permit renewal be denied.”
Letters to surrounding communities
CFPUA also called upon officials in surrounding areas to follow its lead and pass resolutions regarding GenX being dumped into the Cape Fear River.
A letter posted on the authority’s website and signed by Chairman Michael Brown III, is addressed to Wrightsville Beach Mayor Bill Blair, Brunswick County Commission Chairman Frank Williams, Pender County Commission Chairman George Brown, and Norwood Blanchard, of the Lower Cape Fear Water and Sewer Authority.
The letter refers to CFPUA’s resolutions, passed on Friday, that called upon the N.C. Department of Environmental Quality and the federal Environmental Protection Agency to take several actions against The Chemours Company.
They include requiring Chemours to test the water daily and to determine whether the chemicals are dangerous to human health. They also asked the two government agencies to force Chemours to stop introducing GenX into the water until the first two things are done.
At a closed-door meeting with area officials last week, Chemours representatives said the company was following necessary requirements and would not commit to stop the chemical from entering the water. While GenX is not allowed into the water as part of its own creation, it is making its way into the water during the manufacturing of vinyl. Since it is a collateral release, it is not regulated by the federal EPA.
“I encourage you to read the resolutions in their entirety for a full understanding of the specifics which support these requests,” Brown’s letter to other officials states. “We believe these details may be helpful to your boards and legal counsel.
“I know that each of you share our Board’s wishes to address the GenX issue or other compounds that may affect the quality of the water our utilities provide to our region’s customers. I hope that your governing boards will join us in considering and passing similar resolutions expressing our concerns and requesting immediate action from Chemours, DEQ, and EPA,” the letter states.
Letter to Secretary Michael S. Regan demanding action from the N.C. DEQ
Cape Fear Public Utility Authority request for DEQ Action to Secretary Michael S Regan – 6/19/2017 by Michael D Kane on Scribd
Letter to the North Carolina Department of Environmental Quality
Cape Fear Public Utility Authority public records request from the N.C. Department of Environmental Quality… by Michael D Kane on Scribd
Letter to the federal Environmental Protection Agency
Cape Fear Public Utility Authority FOIA request to federal Environmental Protection Agency regarding the Ch… by Michael D Kane on Scribd
