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CAPE FEAR MEMORIAL BRIDGE: Updates, resources, and context

Chemours blew by its barrier wall deadline. NCDEQ remains silent

The Fayetteville Works facility, where Chemours manufactures PFAS or 'forever chemicals.'
Vince Winkel
The Fayetteville Works facility, where Chemours manufactures PFAS or 'forever chemicals.'

Chemours had an extended deadline to complete the wall but failed to make that happen. So what's the consequence? NCDEQ won't publicly comment on it.

Chemours, the company best known regionally for polluting the Cape Fear River with PFAS, failed to complete a mandatory barrier wall before its May 31 deadline. Advocates say the company has now completed the wall about two weeks late (Chemours confirmed the wall had been completed).

DEQ already extended Chemours’ deadline once, from March 15 to May 31. Despite getting several extra months, Chemours still completed the wall two weeks late.

Asked for comment, Chemours spokesperson Sarah Saxon said on June 1 that, “At present, the groundwater extraction and treatment system has been installed and is actively extracting and treating groundwater at a rate of approximately 500 gal/min. Based on initial monitoring data, the treatment system is operating well and meeting current and future discharge limits.”

It is unclear what consequences the company could face for missing this deadline. WHQR asked for clarification from the North Carolina Department of Environmental Quality, and after two days a spokesperson responded, “DEQ is not providing a comment at this time.”

WHQR responded to ask for public records related to NCDEQ and Chemours’ past correspondence. DEQ responded that it is working through a backlog of email records requests, and is currently serving requests from May 2022. Providing these records will take months, at a minimum, they said.

Executive Director of Cape Fear River Watch Dana Sargent, who recently found out the wall was completed, said she’s been left out of the loop too.

“I unfortunately don't know much. And I think that's a problem,” she said. “Cape Fear River Watch is a party to the consent order that required that the barrier will be built, and yet we have not been notified by Chemours of what's going on, which I think is completely unacceptable.”

She added that the barrier wall is an incredibly important step in protecting the river and residents along it. She would like to see fines for Chemours for their delays.

“This barrier wall and the GAC system that's part of it are going to potentially reduce the load into the river by upwards of 100,000 PPT [of PFAS],” she said. “And for them to continue to delay with no word is unacceptable. Also unacceptable to me that NCDEQ has so far been silent.”

North Carolina officials have repeatedly touted the state's role as 'leading the way' on addressing PFAS. The June 7 press release highlights the state’s efforts, like a pilot program to help well owners with high PFAS levels in their water.

“Addressing PFAS is a priority for DEQ and we have made great strides to ensure North Carolinians are better informed and better protected,” said Secretary Elizabeth S. Biser. “PFAS is a statewide issue and we are taking a whole of department approach, guided by our Action Strategy, to restrict, research, and remediate these forever chemicals in our state."

Background on Chemours' wall

Chemours received approval for the NPDES permit for the barrier wall in September of 2022. It came after months of public information and comment sessions around the Cape Fear Region, in which residents voiced strong opposition to the permit as it had been written.

Residents at the time pushed for DEQ to increase the strength of requirements for the discharged water, from 99% removal of PFAS to 99.9% removal.

DEQ listened to the public at the time, and did just that: approving the permit with a 99.9% reduction requirement in September. The permit also required the company to complete construction on the wall by March 15, 2023. The PFAS level was to be met within 180 days.

Advocates touted the victory, but Chemours appealed the decision.

Sargent says that appeal was proof that Chemours isn’t the “good neighbor” they claim to be in advertisements.

“Chemours came out and challenged the permit. And I don't think it gets any more clear than that," she said, adding that their appeal is the reason they were able to delay.

NCDEQ gave the company an extension to complete the wall after their appeal failed, with a new deadline of May 31. It remains unclear if NCDEQ will impose any consequences for missing that deadline as well.

Kelly Kenoyer is an Oregonian transplant on the East Coast. She attended University of Oregon’s School of Journalism as an undergraduate, and later received a Master’s in Journalism from University of Missouri- Columbia. Contact her on Twitter @Kelly_Kenoyer or by email: KKenoyer@whqr.org.