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TO: Interested Parties
FROM: Office of Governor Roy Cooper
DATE: July 24, 2017
RE: Water Quality State Action Items
In June, Governor Cooper directed the state Department of Environmental Quality along with
the state Department of Health and Human Services to launch an investigation into Chemours'
discharge of the emerging compound known as GenX. Governor Cooper and his administration
were successful in getting Chemours' to stop the release of GenX. Since then, the level of GenX
in the water has been trending downward and tests are ongoing to ensure the levels continue
to move in that direction.
Today in Wilmington, after meeting with local officials, Governor Cooper announced next
steps that the state will take to protect the drinking water in North Carolina and to get
answers for people in the Lower Cape Fear. Below is a recap of those next steps.
Criminal Investigation
Governor Cooper has directed the State Bureau of Investigation's Diversion and Environmental
Crimes Unit to assess whether a criminal investigation is warranted. The SBI will work with its
partners at the state Department of Environmental Quality and federal EPA to determine if
there is evidence of violations of the permit or the federal consent order that is in place.
Public Health Assessment
Governor Cooper spoke with the Director of the Centers for Disease Control and Prevention,
Dr. Brenda Fitzgerald, to request a public health assessment to review any potential long-term
health effects of GenX. Chemours disclosed that they have been discharging GenX as a
byproduct from another manufacturing process since 1980. The CDC has the expertise needed
to conduct complex exposure modeling that will give citizens a better understanding of any
potential health risks from the last 30 years. Dr. Fitzgerald told the Governor the CDC will
begin these studies. Local, state and federal authorities will need to work together to provide
all available data to the CDC.
Denial of Chemours' Permit Application
Chemours is in the process of applying for a new NPDES (National Pollutant Discharge
Elimination System) permit, a federal permit program that controls water pollution and is
managed by North Carolina DEQ. Today, Governor Cooper announced that DEQ will deny
Chemours' permit request to release GenX, issuing a new draft permit that prevents GenX
release. Acknowledging the potential for other possibly harmful compounds, Chemours' draft
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permit will include a clause authorizing the state to quickly re -open the permit if needed to
regulate and enforce levels of any of emerging compounds based on new scientific findings.
Pushing the EPA
Governor Cooper has spoken directly with -EPA Administrator Scott Pruitt to request that the
EPA move swiftly on completing a health assessment to help set regulatory standards. They
also discussed the consent order that allowed Chemours to release GenX in the first place, and
the EPA is looking into whether that order needs to be updated and tightened.
Science Advisory Board
Governor Cooper acknowledged that GenX is not the only emerging compound discovered in
the water. To tackle issues surrounding unregulated emerging compounds and overall water
safety, Governor Cooper is expanding the scope of the reconstituted Science Advisory Board to
review the research and assist the state in addressing water quality.
Improve Disclosure and Monitoring
North Carolina DEQ will make changes to its permit application process that require
companies to disclose more information about the unregulated pollutants they release. DEQ
will also require additional monitoring of unregulated pollutants for the purposes of
developing water quality standards and improved transparency. The results of additional
monitoring will be shared with DEQ and DHHS on a regular basis.
Investing Resources to Prioritize Safe Water
Governor Cooper highlighted the need for more state experts to work on protecting North
Carolina's water. He announced that when the legislature returns in August, he will push
legislation with specific requests to the General Assembly for enhanced staffing to handle
water safety.
For DEQ that will include a request for more inspectors, engineers, environmental specialists
and chemists; resources to conduct long term GenX sampling; and a reversal of this year's
harmful budget provisions that required over $1 million in salary cuts. For DHHS that will
include a request for resources to establish a Water Health Safety Unit in the Division of Public
Health that would include two senior scientists, a data analyst and a health educator.
Bottom Line
As Governor Cooper said in Wilmington today, he has directed state employees to work on
this issue as though their own family members were drinking this water every day. The safety
of drinking water — not just in Wilmington, but statewide — is a top priority for Governor
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Cooper, and he will continue to push for answers. The Governor expects to be back in the
Lower Cape Fear region in the coming weeks and continues to stay updated through regular
briefings.
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