Chemours Challenges EPA’s New Limits On The Forever Chemicals Polluting North Carolinians’ Drinking Water

The Chemours corporation has filed a federal court challenge to the Environmental Protection Agency’s (EPA) revised limits on the long-lasting pollutant GenX. Is anyone surprised this company doesn’t want to pay to clean up their extensive toxic water pollution in North Carolina?

Chemours manufactured GenX and operated facilities which allowed its release into waters of the Cape Fear River basin. Their GenX pollution contaminated the drinking water supplies of about 800,000 people. 

The New Limits On Forever Chemicals

In June 2022, the EPA concluded based on scientific studies that GenX was substantially more toxic than previously believed. As a result, it revised its “health advisory level” for GenX contamination of drinking water supplies downward from 140 parts per trillion (ppt) to 10 ppt. North Carolina’s Department of Health and Human Services (HHS) revised its health advisory level down to match the EPA’s new guidance.

While health advisory levels are not legally enforceable by themselves, they can encourage regulatory agencies to tighten enforceable permit restrictions on dischargers in order to keep contamination below dangerous levels. Moreover, in 2019 Chemours agreed to cover the costs of providing safe drinking water to NC households affected by their pollution.

That means Chemours is looking at an estimated additional $200 million in costs for protecting at-risk households in North Carolina. Naturally, Chemours acted more concerned about its cash flow than the health of threatened families by asking the federal courts to throw out the EPA’s new health advisory. Among other arguments, Chemours argued that EPA had failed to conduct an economic impact study on its decision. However, the EPA is not legally required to conduct such studies prior to issuing health advisory warnings to the public. This means a ruling in favor of Chemours’ argument could drastically undermine the entire health advisory process for warning the public of environmental health threats. 

Chemours’ challenge was heard earlier this month in the Third Circuit Court of Appeals. There is no announced timetable for issuing the decision.