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New Jersey is Making Companies Pay for Toxic Contamination–Shining a New Light on a Little-Known Offender

Illustration: Soohee Cho/The Intercept

NEW JERSEY IS MAKING COMPANIES PAY FOR TOXIC CONTAMINATION — SHINING A NEW LIGHT ON A LITTLE-KNOWN OFFENDER

NEW JERSEY LAID financial responsibility for dealing with PFAS contamination squarely at the feet of the chemical companies responsible for it. The state’s Department of Environmental Protection issued a directive on Monday ordering five companies to pay the costs of dealing with the toxic chemicals that have been associated with numerous health problems, including cancer. The companies include 3M, which created both PFOA and PFOS; DuPont, the chemical giant that used PFOA to make Teflon since the 1950s at the now massively contaminated plant Chambers Works; and DuPont’s spinoff, Chemours.

Monitoring, research, and cleanup of the chemicals, which the state has already begun, is likely to ultimately total “hundreds of millions of dollars,” according to the order.

The hefty price tag reflects the state’s serious PFAS problem. New Jersey is thought to be one of the states most contaminated with these chemicals.

The hefty price tag reflects the state’s serious PFAS problem. New Jersey is thought to be one of the states most contaminated with these chemicals. Seventy percent of drinking water samples taken from 20 of New Jersey’s 21 counties contained at least one compound from the class of chemicals, according to research done in 2009 and 2010. And, last year, another state study showed that all surface water samples taken from 11 waterways and ecosystems around New Jersey contained PFAS. All the fish found there contained the chemicals as well. The state is also home to military bases that have been contaminated by firefighting foam, as well as several industrially polluted sites.

The order also announced the state’s intention to propose the lowest drinking water limits in the country for both PFOS and PFOA on April 1.

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Nationwide Class-Action Lawsuit Targets Dupont, Chemours, 3M, and Other Makers of PFAs Chemicals

The Teflon Toxin

Robert Bilott, who successfully sued DuPont over PFOA, has filed a lawsuit on behalf of everyone in the U.S. who has PFAS chemicals in their blood.

A CLASS ACTION lawsuit against 3M, DuPont, and Chemours was filed this week on behalf of everyone in the United States who has been exposed to PFAS chemicals. The suit was brought by Kevin Hardwick, an Ohio firefighter, but “seeks relief on behalf of a nationwide class of everyone in the United States who has a detectable level of PFAS chemicals in their blood.” Hardwick is represented by attorney Robert Bilott, who successfully sued DuPont on behalf of people in West Virginia and Ohio who had been exposed to PFOA from a plant in Parkersburg, West Virginia.

In addition to 3M, DuPont, and its spinoff, Chemours, the suit names eight other companies that produce the toxic chemicals, which are used to make firefighting foam, nonstick cookware, waterproof clothing, and many other products. While much of the litigation around PFAS has focused on PFOA and PFOS, this suit targets the entire class of PFAS chemicals, including “the newer ‘replacement’ chemicals, such as GenX.”

Rather than suing for cash penalties, the suit seeks to force the companies to create an independent panel of scientists “tasked with thoroughly studying and confirming the health effects that can be caused by contamination of human blood with multiple PFAS materials.” Such a panel would parallel the C8 Science Panel, which was created by the earlier class action litigation in West Virginia. That panel, overseen by epidemiologists approved by lawyers from both sides in the suit, found six diseases to be linked with PFOA exposure, including testicular cancer and kidney cancer.

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The toxic price of convenience

The toxic price of convenience

As many as 110 million Americans may be drinking water contaminated by a toxic class of chemicals that according to the U.S. Environmental Protection Agency (EPA) are used in “stain- and water-repellent fabrics, nonstick products (e.g., Teflon), polishes, waxes, paints, cleaning products, and fire-fighting foams (a major source of groundwater contamination at airports and military bases where firefighting training occurs).”

The chemicals, referred to as per- and polyfluoroalkyl substances or PFAS, were detected by EPA-mandated testing of U.S. water supplies between 2013 and 2015. The full results of that testing have not been made public. An analysis done by the Environmental Working Group using available data uncovered the widespread contamination. The group’s analysis was released last week.

Firefighting foams are a major source of the contamination, primarily from their release during routine training drills at both civilian and military airports. But the desire of consumers for nonstick pans and stain- and water-repellent clothing and carpets brings direct contact with the toxic chemicals.

The desire to make our lives maintenance-free often creates unintended environmental and health consequences. Every decision to transfer a maintenance task to a chemical substance only complicates the goal of creating a healthy environment. One solution is simply to have fewer things that require maintenance, thus reducing the time we spend on maintenance. Another is to accept that we have a duty to maintain the objects which serve us in a way that does not poison others or ourselves.The response to problem substances is typically to find another chemical to do the same job. We did that after phasing out chlorofluorocarbons (CFCs), liquids previously used in refrigerators and air conditioners to transfer heat away from refrigerator and building interiors. CFCs were leaking into the atmosphere and destroying the ozone layer which protects living organisms from the Sun’s harmful ultraviolet radiation.

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EPA Orders Testing for GenX Contamination Near Chemours Plant in West Virginia

The Teflon Toxin

DuPont introduced GenX in 2009 to replace PFOA, also known as C8, a chemical it had used for decades to make Teflon and other…

THE ENVIRONMENTAL PROTECTION AGENCY has asked Chemours to test water near its plant in West Virginia for the presence of the chemical GenX. In a January 11 letter to Andrew Hartten, Chemours’ principal project manager for corporate remediation, Kate McManus, acting director of the EPA’s water protection division, noted that GenX has already “been detected in three on-site production wells and one on-site drinking water well” at the company’s factory in West Virginia, which is known as Washington Works.

McManus also referred to GenX contamination near the Chemours factory in Fayetteville, North Carolina, where DuPont and its spinoff Chemours dumped approximately 200,000 pounds of GenX into the Cape Fear River since 1980, according to Detlef Knappe, a North Carolina State University professor who has studied the contamination. In that time, more than 200,000 people have been exposed to GenX in their drinking water.

“EPA is concerned that drinking water wells in the vicinity of the Washington Works facility may similarly be contaminated by GenX,” the letter explained.

DuPont introduced GenX in 2009 to replace PFOA, also known as C8, a chemical it had used for decades in North Carolina, West Virginia, and other locations to make Teflon and other products. Like GenX, PFOA escaped the West Virginia plant and seeped into local drinking water. The contamination — and the fact that DuPont executives knew about it and hid their knowledge — set off a mammoth class-action suit, which DuPont settled for $671 million.

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The Teflon Toxin: How Dupont Slipped Past the EPA

The Teflon Toxin: How Dupont Slipped Past the EPA

IKE ROMINE GREW UP in Blennerhasset, West Virginia, not far from DuPont’s Parkersburg plant. Throughout his childhood and young adulthood, Romine was probably exposed through his drinking water to C8, a slippery, soap-like chemical used to make Teflon pans and Stainmaster carpet and hundreds of other products. His home was served by the Lubeck water district, one of six districts near the plant later found to be severely contaminated with the chemical, but his greatest exposure to C8 almost certainly came from working at the DuPont plant, where he was a welding inspector.

Romine spent some of his time in the company’s Teflon division, and he particularly remembers taking part in the “Teflon shut down,” a spring-time ritual. For a few days each year, the company would shut down operations in the plant to prepare for the coming year. Romine helped install new piping. He didn’t know what C8 was at the time, but there was a white powdery substance dusting many of the surfaces in the plant. “It’s on the pipe, on the inside of it,” said Romine. “You don’t all the time have on gloves. It’s on your coveralls.”

Twelve years ago, when Romine was 58, he was diagnosed with kidney cancer. No one in his family had ever suffered from this rare disease. Surgeons removed the cancerous organ, leaving Romine with reduced kidney function. Now he has to urinate frequently and his doctors have suggested that he change his diet and refrain from running, an activity that had been a regular part of his life before the surgery. Every six months he must return to the doctor to have his remaining kidney checked.

Today, Romine has mixed feelings about DuPont. He worked for the company full-time as a contractor for eight years, and his best friend was employed in one of DuPont’s labs. “In my heart, I felt I was DuPont,” said Romine, who has enduring respect for the company. “DuPont has really good safety rules, good people, good personnel,” he said. “I enjoyed working down there.”

 

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The Teflon Toxin: Dupont and the Chemistry of Deception

The Teflon Toxin: Dupont and the Chemistry of Deception

KEN WAMSLEY SOMETIMES DREAMS that he’s playing softball again. He’ll be at center field, just like when he played slow pitch back in his teens, or pounding the ball over the fence as the crowd goes wild. Other times, he’s somehow inexplicably back at work in the lab. Wamsley calls them nightmares, these stories that play out in his sleep, but really the only scary part is the end, when “I wake up and I have no rectum anymore.”

Wamsley is 73. After developing rectal cancer and having surgery to treat it in 2002, he walks slowly and gets up from the bench in his small backyard slowly. His voice, which has a gentle Appalachian lilt, is still animated, though, especially when he talks about his happier days. There were many. While Wamsley knew plenty of people in Parkersburg, West Virginia, who struggled to stay employed, he made an enviable wage for almost four decades at the DuPont plant here. The company was generous, helping him pay for college courses and training him to become a lab analyst in the Teflon division.

He enjoyed the work, particularly the precision and care it required. For years, he measured levels of a chemical called C8 in various products. The chemical “was everywhere,” as Wamsley remembers it, bubbling out of the glass flasks he used to transport it, wafting into a smelly vapor that formed when he heated it. A fine powder, possibly C8, dusted the laboratory drawers and floated in the hazy lab air.

At the time, Wamsley and his coworkers weren’t particularly concerned about the strange stuff. “We never thought about it, never worried about it,” he said recently. His believed it was harmless, “like a soap. Wash your hands [with it], your face, take a bath.”

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