DEQ-CFW_00082012

The Honorable Bill Cook
N.C. Senate
ADDRESS
Raleigh, NC
Dear Senator Cook:
Weappreciate your consideration ofthis critical issue nf funding needs for the Department ofHealth and
Human Services and the Department ofEnvironmental Quality (T}80)toensure nehave the
resources to protect public health.
We believe North Carolina families deserve to have confidence in the water they drink. We are glad you
are reviewingthe effect oflegislative budget cuts made to T}80 and reviewing dho need for [)HBSto
better serve public health needs in regards to water. Weare ready toengage inu productive
dialogue about these topics and are available to meet in person to discuss them.
8vway ofthis letter, wnwould like Vzanswer the questions from your Aug. 9letter and share with you
actions the Cooper administration has taken to address GenX and emerging contaminants.
At Governor Cooper's direction, DG0and DHH8havo deployedall available resources tnaddress the
immediate concerns inthe Lower Cape Fear region. 8b/codusto1onaeoucocoofuAa1stopping Chomoure
from releasing GeoXinto the Cape Fear River, nehave seen aprecipitous deoliueindheoonoontoatiouaof
the chemical compound o1all sites. Tests continue &xshow that levels of(}enXinfinished drinking water
are below the state's health goal.
Wcwill continue toredirect available resources Voaddress this urgent need, but because ofbudget cuts
over the last few years, long-term solutions will take more resources than our department currently has
uvu|ob|o. As we stated in our Aug. 8 letter, the large scope and pressing nature of this challenge requires
your help. We regulate thousands of industries and protect 38,000 miles of waterways across the state.
Since January 20|3`DRO`owater quality program has sustained significant reductions inpositions
supporting,pennitting and enforcement due tostate legislative budget cuts. This has resulted
bnu40percent backlog inthe issuance ofwastewater permits, which has decreased the business
community's regulatory certaintyand ability Vzcreate jobs and grow the economy. The positions we're
seeking would not only aid our ability to better protect public health and the environment, but would also
help drive our state's economic well-being.
Funding is necessary for water and analysis for the presence ofGonX and other
emerging contaminants. The state io seeking funding tosupport our independent testingtocontinue to
ensure we are providing the public with the most reliable results.
Additional funding would also support ongoing and assessment ofthreats topublic health and
safety from discharges ofodhoronuecontaminants. DG0and DHHShave staff iuboth regulatory and
non -regulatory areas that are critical toNorth Carolina's euocoee. Although customer service uzpude in
both agencies were hired tohelp the public better understand and benefit from the important work we
perform, they are not qualified tohandle water quality issues. Jtiefor that reason rvoare requesting
funding to support staff who can execute compliance, permits and enforcement actions. These are
specialized needs and nuoiboperformed bypeople with the knowledge, skills and background to perfo
rm
dhuoo duties. lnrecent years, these cuts have diverted considerable time and attention from important
routine responsibilities. resulting in a delay in services to local officials and North Carolina residents.
OEQ-CFVV_00082012

When dcomes inemerging contaminants, more compounds are being identified statewide and, uesuch,
the need for more qualified people toaddress these issues ie And aayou probably are aware,
dueo problems are not isolated Losoutheastern North Carolina. DB0ivaddressing the challenge of
unregulated emerging contaminants inthe Piedmont Tdadand several other areas throughout the state.
Because ofthe lack ofscientific data onthe long-term public health effects ofthese contaminants,
Governor Cooper has expanded the Soorotudco' Science Advisory Board to hu|n oukiu state officials on
ways tobetter protect public health and the environment from new or unregulatedchemicale.
Atthe same time, Governor Cooper has directed the State Bureau ofInvestigation Loassess whether u
criminal investigation ienxarrantcd.ThoSBJndUnozknithdepoxtne/na1l]80and8PA^todotennbnoif
there is evidence of criminal violations of the permit or any state or federal law.
There are numerous other components toour investigation. DE0undI}HH8000 working with the EPA
and Centers for Disease Control and Prevention toobtain more research that can beused todevelop
regulatory guidance for GenX and other emerging compounds.
Furthermore, T}80and DfBRSare exploring alloptions available osour investigation
continues. Recognizing there are nonational orstate standards for GonXorthe other chemicals identified
in the 2O|6report, DEQ and DHHS are seeking involvement by the EPA on the health effects ofthese
emerging contaminants. This iounational issue and we're making the best use ofstate resources and
working with our federal partners. While the state has the audboi toenact regulatory standards, vvodn
not have sufficient resources necessary to make these determinations for GenX or other unregulated
compounds onaconsistent basis.
Morcovcr, bnthe few instances where DGOinstituted drinking nm1or regulationswhen federal regulations
did not exist, vmwereprovided significant data and scientific research from the EPA tosupport
establishment ofustate standard. This kind ofinformation ionot currently available for (}onXorthese
other emerging contaminants.
Adding Vzthis challenge iothe fact that the General Assembly imcurrently considering legislation that
would eliminate a provision in G.S. 15013-19.31 that allows us to adopt rules necessary to address threats
Lopublic health, safety and welfare.
In regards to the ti meline about the discovery of GenX in the Cape Fear River, the previous
administration received aresearch report from the EPA and N.C. State University inNovember 2U|6.
In June 2017, DEQ and DHHS had separate discussions about GenX and subsequently met with
0honuouo Juno 12 regarding this topic.
[)nJune |4,\]E0and DHHS started investigating the presence nfGonX,collecting water samples from
multiple sites inthe Cape Fear River. Here's uMap and dates ofthe sampling.
On June 27, DEQ conducted an on -site inspection to verify that Chemours is redirecting the wastewater
from the GenX process into temporary storage tanks for off -site shipment and incineration.
We released our first test results July 14 with an updated preliminary health ammoosnou1 for concentrations
of GenX in drinking water. This updated health goal of 140 parts per trillion is conservative and health
protective for non -cancer health effects in bottle-fed infants, pregnant women, lactating women, children
and adults. The changes tothe health goal reflect additional health studies. ltioimportant tonote that |40
parts per trillion is not a boundary line between a "safe" and "dangerous" level of GenX. A list of
OEQ-CFVV_00082013

scientific studies and reports used and details onthe preliminary assessment and the revised health goal
are posted on-line at: https:Hdeq.nc.gov/newsihot-topics/genx-investigation.
Amwith the preliminary assessment, himalso important tonote that this updated health goal ionot final
and iolikely noho updated uonew information becomes available orwhen standards are made available
bvthe EPA.
Throughout our bnvo i ,oUofourof�utohuvchcontun'mpunent.\�ohovu uuUotoupdate
koo�of�ob�aonour h�vo and we regularly publish any new information onthistopic on our
Atthe same time we're conducting our investigation, neare also helping the federal government with its
probe. Staff inDEOare gathering documents inresponse Vou subpoena issued bvthe federal government
related Loits investigation into Cbemour .Woarotakinothis matterseriously and will all relevant
records about Chon�ourouopu�ofdd� of�durbnvc Lnthe interest of transparency, neissued u
news release about the federal subpoena and posted the subpoena online, and will make allnon-privileged
documents Rathered for this request public, which includes the information vmhave obtained from other
federal investigations.
Woare alsocontinuing tomonitor the facility noensure releases have stopped.And vruare taking uhard
look at Chumour ` wastewater discharge permit. AtGovernor Cooper's direction, l]80vvU| deny
Chomour `ponnitrcqucmtnorc|ouooGcnXomdunovrporndtvrU|hcdcvo|opod. Aopart ofits permit
review, \]E0`oinvestigation ie|nokingintodhompooifioidondfvinginfbnnadouLh000nuponyprovidedfhr
the chemicals dwas discharging to the Cape Fear River. Based onwhat welearn, D80will take any
�� enforcement uod related da ud appropriate n�nu� actions investigation.
It'simportant nounderstand neare only asking for emergency funding for positions that will directly help
protect water quality for all North Carolinians.
Thank youagain for your interest iuthis issue. Wolook forward Vzthe opportunity tosit down with all nf
you inperson tocontinue this important conversation.
Michael Regan, Secretary Mandy Cohen, Secretary
N.C. Department of Environmental Quality N.C. Department of Health and Human Services
OEQ-CFVV_00082014