ILMA Compoundings - May 2019 - 45

this NOV may be a special approach
as EPA attempts to rein in production
and release of PFAS compounds from
one of the largest producers.
On the one hand, EPA criminal
enforcement actions increased in 2018,
along with a 47 percent increase in
self-reported violations4 over prior
years. In keeping with the de-regulatory
goals of the current administration,
EPA encourages industries to selfpolice their own facilities, likely only
initiating lawsuits for serious violations.
As TSCA prioritization for chemicals
begins its first risk evaluations this year,
more NOVs may be filed for companies manufacturing listed chemicals.
Regardless of what future TSCA
enforcement by EPA will look like,

states can still sue companies for
chemical releases. Chemours' NOV
comes shortly after a state-level lawsuit
from North Carolina over the release
of GenX in the Cape Fear watershed.
The case ended in a consent order with
a $12 million fine and requiring a 99
percent reduction in GenX emissions.
The unanswered question for ILMA
members is whether the Chemours
NOV signals a new direction for TSCA
enforcement, or whether this is a
"one-off" action by EPA to address the
controversy over PFAS. Stay tuned.
1. HFPO is used in the manufacture of Per- and
Polyfluoroalkyl Substances (PFAS).
2. Perfluorooctanoic Acid (PFOA) and PFAS are
man-made compounds under investigation

by the EPA. DuPont heavily manufactured and
released PFOA in its production of Teflon, and
much of the data being used to evaluate risk
comes from DuPont studies and lawsuits. In
2015, DuPont spun off The Chemours Co. to
handle chemicals manufacturing.
3. The total annual volume of each reportable
chemical exported, imported, and produced at
a site be reported "to two significant figures of
accuracy." 40 CFR §711.15(b)(iii)
4. https://www.epa.gov/sites/production/
files/2019-02/documents/fy18-enforcementannual-results-data-graphs.pdf

Levetown serves as associate
counsel to ILMA through
Bassman, Mitchell, Alfano &
Leiter Chtd. He may be reached
at 202-466-6502 or mlevetown@bmalaw.net.

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ILMA Compoundings - May 2019

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