The New Jersey Department of Environmental Protection (DEP) has issued a directive to DowDuPont, DuPont, Chemours and three other companies that it views as being responsible for contamination by widely used chemicals.
The companies were directed to fund millions of dollars in assessment and cleanup efforts, Commissioner Catherine R. McCabe announced.
DowDuPont, Chemours, which was spun off from DuPont are mentioned in connection with the Chambers Works, across the Delaware River from New Castle County. DuPont also operated a site in Parlin, NJ. Also listed are Sovay and 3M.
The companies were ordered to provide the DEP an accounting of their use and discharge of polyfluoroalkyl and perfluoroalkyl substances, referred to as PFAS chemicals.
DowDuPont issued the following statement through spokesman Daniel Turner:
“DuPont today received the communication from the New Jersey Department of Environmental Protection, and is currently reviewing it. We engage with NJDEP on a regular basis regarding operations at our New Jersey facilities, and will work with them to better understand the directive.”
David Rosen, spokesman for Chemours released the following:
“Chemours has just received this communication from the New Jersey Department of Environmental Protection and is in the process of reviewing it. We have regular interaction with NJ DEP regarding work at our New Jersey locations and continually share information with the agency related to the use and emission of fluorinated compounds.
Chemours is committed to taking a leadership role in environmental stewardship and supports the development of a science and risk-based approach to establish standards and guidelines for PFAS compounds. We believe collaboration and transparency are critical to achieving this.
Chemours does not use PFOA, PFOS or C8 in any of its manufacturing processes. In fact, no Chemours plant site had ever used PFOS in its manufacturing processes, and all Chemours plant sites now owned by Chemours had ceased using PFOA at least two years before the company was established.
Chemours has been significantly investing in emission control technologies at our fluoroproducts sites and has previously announced our global corporate responsibility goal to reduce air and water emission of fluorinated organic chemicals by 99 percent or greater.
We are committed to continue to work with NJ DEP and to determine the appropriate actions and next steps.”
(See copy of the directive below:
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The directive requires information ranging from use and discharge of the chemicals through wastewater treatment plants, air emissions, and sales of products containing the chemicals to current development, manufacture, use and release of newer chemicals in the state. It also notifies the companies that the state will hold them financially responsible for the cost of remediation and treatment of PFAS-related contamination.
“The PFAS group of chemicals are ubiquitous in our environment and pose significant health risks to the public,” McCabe said. “In issuing this directive, we are putting these five companies on notice that many years of contaminating New Jersey’s precious drinking water and other natural resources will not go unchecked.”
PFAS chemicals are used in the manufacturing of plastics, some of which are used in nonstick cookware, stain-resistant coatings for upholstery, water-resistant breathable outdoor clothing and firefighting foams.
PFAS chemicals have been produced and used commercially and industrially for more than 60 years.
The most studied PFAS chemicals are PFNA, PFOA, PFOS and GenX, a replacement for PFOA.
In February, the Environmental Protection Agency announced a plan to address PFAS contamination, although New Jersey regulators said the process will take years.
In September 2018, New Jersey became the first state to adopt a maximum contaminant level (MCL) of 13 parts per trillion for PFNA in drinking water, the strictest such standard in the nation.
Earlier this month, the state established interim specific groundwater quality standards for both PFOA and PFOS, at 10 parts per trillion. New Jersey is among the first states to pursue regulation of these compounds.
The issue surfaced in 2016 after the New York Times highlighted the work of a lawyer working with residents in an area around a DuPont plant in West Virginia.
North Carolina regulators have also zeroed in on releases into waterways in the area of a Chemours plant. Chemours has announced plans to spend $100 milllion to deal GenX levels. See headline below:
Chemours to spend $100 million to reduce GenX levels in North Carolina
