DEQ-CFW_00083411

August 14, 2017
The Honorable Bill Cook
N.C. Senate
16 W Jones Street, Roorn 101-6
Ralei,,h, NC 27601-2808
Dear Senator Cook:
We appreciate your consideration of the critical funding needs for the Department of Health and
Human Services (DI-11--IS) and the Department of Environmental Quality (DEQ) to ensure we have the
resources to protect public health. North Carolina families deserve to have confidence in the water they
drink,
We are ready to engage in a productive dialogue about these topics and are available to meet in
person to share more information with you about our request for expedited ftinding and personnel. We are
glad you are reviewing the effect of legislative budget cuts, both past and current.
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The department,-, are deploying all available resources to address the immediate concerns in the
Lower Cape Fear region, We are corninunicatin9 regularly with local officials to share information. And
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based on the ongoing investigation along with support frorn residents and local officials,
ongoing t, Chemours has
stopped discharging GenX into the Cape Fear. Initial water tests being conducted by DEQ show that levels
of GenX in the water supply are down dramatically.,
The challenge is far from over. As additional compounds have been identified in the lower Cape
Fear Region, health and water quality, experts will seek to set standards.
Status of emerging contaminants
While the state has the authority to enact regulatory standards, it does not currently have sufficient
research at the state or federal level to make these determinations for GenX and other unreaulated
compounds on a consistent basis.
As more unreguLated compounds are being identifiedi the need for more qualified people to address
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these issues is growing, These problems are present in southeastern North Carolina, but water quality is a
statewide priority for cities from Burlington and Greensboro to Hickory and Washington,
Because of the lack of scientific data on the long-term p0lic health effects ofthese compounds,
we have chartered the Secretaries' Science Advisory Board to --,uide state officials on protecting public
health and the environment from new or unrcoulated chemicals,
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Senator Cook
August 14,,, 2017
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But making these determinations requires scientific studies, arid experts to do it. DH DEQ and DHS
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are working; with the Environmental Protection Agency (EPA) arid Centers for Disease Control and
Prevention to get more research to develop regulatory guidance for GenX and other emergi-i ng, compound,,.
In the few instance-, where DEQ instituted drinking water regulations whenfederal regulations did
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not exist., the state was provided significant data and scientific research from the, EPA to support
establishment of a state standard. This kind of information Is not currently available for Gen X or these other
emerging compounds.
We should also warn that the General Assembly is poised to eliminate a provision in CIS. 15013-
193 that restricts regulators' ability to address, threats to public health, safety arid welfare. (See Section 6
of the Conference Renort for House Bill 162).
Request for water quality assurance:
Our request is for funding for positions that will directly help protect water duality for all North
Carolinians, and to cover the expense of tests monitoring the presence of GenX and other chemical
compounds in the Cape Fear River and other inland waterways as they become known to Lis. The additional
appropriation would allow us to continue the independent testing that provides the public with the most
reliable results.
The large scope and pressing nature of this challenge, requires a larger response than our
departments have resources to provide while continuing to meet tile day to -day requirements- The scope of
work includes regulating thousands of industries and protecting 38,000 miles of waterways across the state.
DEQ staff with the expertise to execute compliance, permits and enforcement actions are
mandatory. These are specialized needs and must be performed by people with appropriate, knowledge,
skills and backgrounds.
In recent years, responses to emerging compounds have diverted considerable time and attention
from important routine responsibilities in both departments. In order to meet this challenge, we need
scientists who are experts in water quality issues and can provide the state and our local communities the
Support they need.
Since 2013, DEQs water quality prograrn has sustained significant reductions in positions
supporting compliance, permitting and enforcement with at least 70 positions in water quality eliminated.
This has resulted in a 40 percent backlog in the issuance of wastewater permits, which has decreased the
business community's regulatory certainty and ability to create jobs. The positions we are seeking would
riot only enhance our ability to protect public health and the environment, but would also help ensure our
state's economic well-being
Chemours investigations:
In November 2016, the previous administration received a research report from the EPA and N.C.
State University regarding the Cape Fear watershed. Cape Fear Public I-Aility Authority staff has noted it
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received this study in May —20 16, In June 2017, DEQ and DHHS staff had separate discussions about GenX
and subsequently met with representatives from Chemours. Shortly after that meeting DEQ began
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Senator Cook
August 14, 2017
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investigating the presence of GcnX. callecting water samples from multiple sites, and conducting an on -
site Inspection to verify that Chernours was redirecting ��aslewater and discharge had stopped.
Since the state was successfifl at stopping Chernours from releasing GenX into the Cape Fear River
basin, the concentrations of the chernical compound at all sites has declined.
For Your background, the DEQ is concludin�_,a review of flic specific identifi,,ino information the
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company provided for the chemicals it was discharging into the Cape Fear River, and expects scion to be
able to share with you information regarding anyappropriate enforcement action. As that process continues,
the department has denied CheTrIOUrs' permit request to release an (JenX g
Y oing forward.
Last month the DEQ and DIIIIS released an updated preliminary health assessment for
concentration,,; of GenX In drinking water. A list of scientific studies 'and reports used and details on the
prelmunary assessment and the revised health groal are posted on-line at e,y hot
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You should also be aware that the updated health goal couki be revised again as new information
become,, available or when standards are made available by the EPA.
TIVOL12_1101)t our investigation, all our efforts have been well documented. We have weekly
conference calls to update local officials on our investigation and we regularly publish any new information
on this topic on our public website, jh lie, go v ws", go , 3'N , jnvesfi._,ation. Here you can
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find fliformalion on assessments anti health poals, as well as key, dates and maps, of the ongoing sampling,
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We would also invite you to join our weekly phone call-, kvith local officials or Visit Our water
permitting and public health facilities to leave more about how ouragencies. operate,
Thank you again for your interest in this issue. We look forward to [fie opportunity to sit down with
all of you in person to continue this important conversation.
Sincerely,
Michael Rel2an, Secretary
N.C. Department cif Environmental Qualltv
Cc: The Honorable Phil Beroer
The Honorable Tim I'doore
Mandy Cohen, Secretary
N.C. Department of Flealth and Human Services
DEQ-CFW-00083413