Teflon

EPA Stands by Action on C-8

JEFF MONTGOMERY / The News Journal (DE) 13aug04

Federal regulators said Thursday that despite claims by the DuPont Co. that it acted properly, they will continue to pursue action against the chemical company for failing to report potential problems with a chemical used in Teflon production. DuPont officials late Wednesday rejected the Environmental Protection Agency accusations and sought a hearing on the alleged violations.

DuPont said perfluorooctanoic acid was not a hazard at levels outlined in the federal complaint and said the federal agency had been aware of some of the disputed information for years.

Last month, the EPA said DuPont violated federal pollution control laws by failing to report details about the releases of perfluorooctanoic acid and its potential toxicity. The chemical, also known as C-8, lingers in the environment. It is one of a group of chemicals targeted by the EPA in a study of possible cancer risks and effects on animal or human reproduction and development.

Penalties for the alleged violations, which date to 1981, could exceed $300 million, although EPA officials ruled out attempts to impose the maximum.

"The agency remains committed to pursuing an appropriate resolution of DuPont's failures to report information regarding [perfluorooctanoic acid] to EPA," agency spokeswoman Cynthia Bergman said in a statement.

The two sides have 60 days to reach settlement before the case is referred for a hearing before an administrative law judge, Bergman said.

The Environmental Working Group, a nonprofit organization that petitioned the EPA to act against DuPont, questioned the company's explanation for why it did not report findings about C-8 in a pregnant employee and in drinking water.

"DuPont's response today shows that it is an unrepentant global polluter which needs to face the maximum fine EPA can levy; the company must learn that it cannot suppress studies of Teflon's toxicity that carry global public health implications," said Dr. Timothy Kropp, a senior scientist with the organization.

The EPA cited DuPont for failing to report detection of C-8 in the umbilical cord blood of a baby born to an employee in 1981, saying the finding showed the chemical could move from mother to fetus and posed a "substantial risk" of injury. C-8 risks cited by the agency included a tendency to accumulate and persist in tissues and risks of developmental and liver toxicity.

DuPont General Counsel Stacey J. Mobley said in a prepared statement that the level detected - 55 parts per billion - was ruled out as a human health risk.

"In the absence of substantial risk of harm, the information is simply not required to be reported," Mobley said.

EPA officials said DuPont violated the Toxic Substances Control Act by failing to report the finding, and violated another law by failing to disclose the result while seeking a permit to manage wastes containing C-8 in West Virginia. The company also has been cited for failing to properly report widespread contamination of drinking water supplies around its plant.

source: http://www.delawareonline.com/newsjournal/local/2004/08/13epastandsbyacti.html 30aug04