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DuPont Offers $670M Settlement For "Teflon" Chemical Contamination Of Water

The chemical giant DuPont made an offer Monday to pay more than half-a-billion dollars to settle water contamination lawsuits pending in federal court.

3,550 plaintiffs from the mid-Ohio Valley filed suit claiming contaminated drinking water led to diseases linked to chemical exposure. The chemical they were exposed to is known as C-8, or PFOA, and is used in Teflon and other products. More than a decade ago residents near the company’s Washington works plant in Wood County, West Virginia, learned that their water was contaminated with C-8, and had been for years.

Now DuPont and a spin-off company, Chemours, have agreed to pay a total of $670.7 million to settle the suits.

Rob Bilott, one of the lead lawyers for the plaintiffs, is pleased with the settlement offer.

“This is a tremendous positive step toward resolving the litigation in a way that provides compensation for our injured clients without the need for additional, lengthy, and expensive trials,” Bilott said. “We look forward to working with DuPont to finalize this settlement and get these injured class members paid as quickly as possible.”

The companies also have agreed to pay up to an additional $50 million a year for the next five years for any additional claims that might arise.

“This agreement provides a sound resolution for area residents, Chemours, and the public,” said David Shelton, Senior Vice-President, General Counsel & Corporate Secretary for Chemours. “It settles all indemnification obligations between Chemours and DuPont for all of the approximately 3,500 claims in the Ohio multi-district litigation and allows us to move forward with a renewed focus on our customers, product innovation and application development.”

Both companies continue to deny any wrongdoing.

DuPont phased out U.S. production of C-8 several years ago. Now it’s made in China. Although it’s still a widely used compound found in non-stick cookware, stain-resistant fabrics, and food wrappers here in the U.S.

The Chemours facility, formerly the Dupont company’s site, in Washington, West Virginia.

A Chemical Legacy

For more than half a century along the Ohio River, DuPont provided jobs for thousands of people. One chemical they produced is PFOA, commonly known as C-8. It was a remarkably useful compound, used in “Teflon” non-stick cookware, stain-resistant fabrics, and even in some food wrappers.

Over time, researchers have found that C-8 is also toxic. DuPont and other companies phased out U.S. production a few years ago. Now it’s made in China.

Explore your region’s water supply now. >>

The contamination in this region eventually lead to a class action lawsuit that resulted in a broad medical study of affected residents beginning in 2005. Over 30,000 community members were involved. The study linked C-8 to multiple health problems from cancer to reduced immune function. A series of additional health studies followed, and further proved that chemical compounds like C-8 are dangerous, even in small doses.

The medical testing of residents paved the way for lawsuits and the settlement agreement announced this week. But the studies also raised questions about what the chemical might do to people who are ingesting the chemical in very tiny amounts in drinking water.

Far-Reaching Concerns

Drinking water distribution center in Vienna, West Virginia.

Because the chemical can persist in water, communities along the Ohio River — and around the U.S. — are still grappling with the environmental fallout of contamination from C-8 and similar chemicals. The ReSource generated a map using water testing data available from the U.S. EPA. It shows 12 water systems in 10 counties in Ohio, Kentucky, and West Virginia where these chemicals were detected in the water.

The Environmental Protection Agency issued a health advisory in 2016 for C-8 levels in drinking water, and many of the water systems that detected C-8 and related chemicals found them at levels lower than the EPA advisory. EPA officials say the C-8 advisory levels were calculated to protect fetuses during pregnancy and breastfed infants, and was based on “the best available peer-reviewed studies.”

However, a growing body of science indicates that the EPA advisory level is not sufficiently protective of human health, and many researchers recommend far more restrictive thresholds for exposure.

Dr. Philippe Grandjean of Harvard’s School of Public Health, an expert on health effects of perfluorinated chemicals like C-8, says the EPA’s advisory doesn’t go far enough. One of his latest studies looks at long term effects of these chemicals on the immune systems of exposed children.

Last year a coalition of scientists from around the world called for limits on C-8 production altogether. Health officials in New Jersey are suggesting that C-8 levels should be five times lower than what EPA advises (at about 14 parts per trillion). Grandjean’s work and other scientific studies have recommended an acceptable level of 1 part per trillion, which is what the European Union recommends for surface water.

Many of the water systems that detected PFOA or similar chemicals found levels that fall somewhere in a range below EPA’s health advisory but well above what scientists such as Grandjean have recommended. These communities include: Louisville and part of Pendleton County, in Kentucky; Gallia County, Ohio; and Parkersburg, West Virginia.

Toxic Legacy: 'Teflon' Chemical Sticks Around In Water Supplies

For more than half a century along the Ohio River, the chemical company DuPont provided jobs for thousands of people. One chemical they produced is PFOA, commonly known as C8. It was a remarkably useful compound, used in “Teflon” non-stick cookware, stain-resistant fabrics, and even in some food wrappers.

Over time, researchers have found that C8 is also toxic. DuPont and other companies phased out U.S. production a few years ago. Now it’s made in China.

But because the chemical can persist in water, communities along the Ohio River — and around the U.S. — are still grappling with the environmental fallout of contamination from C8 and similar chemicals. The ReSource generated a map using water testing data available from the U.S. EPA. It shows 12 water systems in 10 counties in Ohio, Kentucky, and West Virginia where these chemicals were detected in the water.

Explore your region’s water supplies now >>

The Environmental Protection Agency issued a health advisory this year for C8 levels in drinking water, and many of the water systems that detected C8 and related chemicals found them at levels lower than the EPA advisory. However, a growing body of science indicates that the EPA advisory level is not sufficiently protective of human health, and many researchers recommend far more restrictive thresholds for exposure.

Communities across the country are dealing with levels of contamination well above the EPA’s new advisory level. One community especially affected by this toxic legacy is Vienna, West Virginia.

Vienna, West Virginia

This summer cars lined up in Vienna, a town of about 10,000 situated along the Ohio River. People were picking up jugs and cases of bottled water. Their tap water had been deemed unsafe – laced with a chemical known as C8. There wasn’t some sudden chemical spill. The chemical company DuPont polluted water here over the course of decades. But the federal government says C8 levels it once overlooked in the water are now considered unsafe.

“Up until the EPA lowered the standard, it really wasn’t an issue for us,” said Vienna mayor, Randy Rapp. “Once they lowered the standard, then it became a problem.”

Rapp was talking about a new health advisory issued by the Environmental Protection Agency this year. It says C8 levels in his and other community’s drinking water are too high.

Residents in Vienna, West Virginia form lines to pick up bottled drinking water.

This problem isn’t new to the people we spoke with in line. They’ve heard about C8 contamination by Dupont for years. But for generations the chemical company has been the biggest employer around Vienna. Many people, like resident Charles Swisher, are quick to defend them.

“It’s not fair to isolate DuPont,” Swisher said, “because a lot of people did things back a few years ago that were unethical, unhealthy. The thing that we need to do now is to be more solution-oriented.”

DuPont isn’t in charge of those solutions. It created a spin-off company, Chemours, which inherited this environmental legacy.

In response to the EPA’s C8 advisory, Chemours is paying for installation, maintenance and monitoring of giant carbon filters. (Think of your home water filter, but on a huge scale.) Vienna Mayor Rapp says he has “no idea” how much cleanup is costing. Chemours also wouldn’t say. But according to the company’s public documents cleanup has already cost millions. And still, the water aquifer is expected to be contaminated with C8 for hundreds of years.

Contamination Continues

Not everyone is defending the company. Larry Dale grew up around this part of the Ohio River, which is commonly referred to as “Chemical Valley.” His father and uncles all worked in chemical plants.

“My dad told me – and I’ll never forget this,” Dale said, “Find something else to do, but don’t work in a chemical plant.”

Dale listened. He’s a school bus driver and a retired preacher. But he and his family still live in the shadow of the chemical industry.

C8, or PFOA, was used in many consumer products, including Teflon pan coating.

In his rural back yard outside of Washington, West Virginia, Dale stands on top of a hill next to his greenhouse, and points to the next ridge over, at DuPont’s landfill.

This is where DuPont dumped over 7,000 tons of C8 sludge. It leached out, polluted streams, and killed nearby livestock in the late 1990s. It’s not the only source of contamination. If you ask anyone where the C8 comes from today that has infiltrated the water aquifer the answer is always the same: “Everywhere.”

Where Science Meets Policy

The contamination in this region eventually lead to a broad medical study of affected residents in the early 2000s. Over 30,000 community members were involved. The study linked C8 to multiple health problems from cancer to reduced immune function. A series of additional health studies followed, and further proved that chemical compounds like C8 – which used to be blown out of smokestacks and scattered across the Ohio Valley – are dangerous, even in small doses.

Dr. Philippe Grandjean, of Harvard’s Chan School of Public Health, has studied the health effects of C8.

“They stay in the body for a long time,” said Dr. Philippe Grandjean of Harvard’s School of Public Health. He’s an expert on health effects of perfluorinated chemicals like C8. One of his latest studies looks at long term effects of these chemicals on the immune systems of exposed children.

“While they harm the immune system today,” Grandjean said, “they probably also will down the road. And that’s exactly what we found.”

Specifically, Grandjean found vaccines don’t work as well in children exposed to C8 at levels similar to those found throughout the U.S.

EPA officials say the C8 advisory levels were calculated to protect fetuses during pregnancy and breastfed infants, and was based on “the best available peer-reviewed studies.”

But Grandjean says the EPA’s advisory doesn’t go far enough. He worries it could even create a false sense of security.

“The new water limits will essentially maintain status quo or if worse comes to worse, actually increase levels that are typical for Americans,” he said. “If you drink that a lot of that water that is permissible, many Americans are likely to increase their body burden.”

Last year a coalition of scientists from around the world called for limits on C8 production altogether. Health officials in New Jersey are suggesting that C8 levels should be five times lower than what EPA advises (at about 14 parts per trillion). Grandjean’s work and other scientific studies have recommended an acceptable level of 1 part per trillion, which is what the European Union recommends for surface water.

Different Communities, Different Responses

When the EPA issued its advisory level it triggered a range of responses from affected communities. For water systems like Vienna’s, where the levels were above the EPA threshold, action was required.

The city of Martinsburg, in West Virginia’s eastern panhandle, shut down one water-filtration plant in May after detecting high levels of PFOS. PFOS is a chemical related to C8 that was used in flame-retardant foams often used at military bases and airports. Martinsburg is home to an Air Force base which is investigating possible sources of pollution.

Many other water systems, however, detected PFAS chemicals at levels that fall somewhere in a range below EPA’s health advisory but well above what scientists such as Grandjean have recommended. These communities include: Louisville and part of Pendleton County, in Kentucky; Gallia County, Ohio; and Parkersburg, West Virginia.

“Whatever the Rules Are”

In Vienna, West Virginia, Mayor Randy Rapp just wants to get city’s water to the EPA’s acceptable level.

“I just try to live by whatever the rules are,” Rapp said. “When they tell us what our water quality has to be, that is what we attain.”

Meanwhile, DuPont’s spin-off company isn’t producing C8 anymore. However, the substitute for C8 It’s using variations of the chemical known to have the potential for many of the same ecological and health effects.

This story is part of Allegheny Front’s Headwaters series, which explores the environmental and economic importance of the Ohio River. Headwaters is funded by the Benedum Foundation and the Foundation for Pennsylvania Watersheds, and is produced in collaboration with Allegheny Front.

Studies Highlight Toxic Chemicals in Drinking Water

A study released this week highlights how 6 million Americans are living with drinking water that’s laced with toxic chemicals. Coupled with that report – another study that shows how those chemicals suppress the immune system – especially among children.

Something in the Drinking Water

The Harvard T.H. Chan School of Public Health published research in the journal Environmental Science and Technology Letters that delved into thousands of drinking water samples from across the nation. Researchers looked for certain chemicals – called “perfluorinated” chemicals – which are linked to cancer and other health problems. These are common household chemicals that have been in use for decades in food wrappers, clothing, and on carpets and nonstick pots and pans. Researchers noted where concentrations were highest, and what possible sources of contamination exist.

“We found that water supplies close to industrial production facilities, military fire training areas, airports certified to use firefighting foams that contain perfluorinated chemicals, and wastewater treatment plants were more likely to have detectable levels of perfluorinated chemicals,” said one of the study’s authors, Laurel Schaider, PhD, from the Silent Spring Institute.

Contaminated water supplies were found in 33 states but were most prevalent in 13 states serving 6 million people: California, New Jersey, North Carolina, Alabama, Florida, Pennsylvania, Ohio, New York, Georgia, Minnesota, Arizona, Massachusetts and Illinois.

But those numbers might not reflect reality, according to researchers.

In a press release, lead author Xindi Hu, a doctoral student in the Department of Environmental Health at Harvard Chan School and Environmental Science and Engineering at SEAS said: “The actual number of people exposed may be even higher than our study found, because government data for levels of these compounds in drinking water is lacking for almost a third of the U.S. population—about 100 million people.”

The Ohio Valley Legacy

Chemicals were also detectable in Kentucky as well as in Ohio and West Virginia where a decade ago, one of the first known areas of contamination was discovered.

In 2005 it came to light that the chemical company DuPont contaminated water sources in the Ohio Valley with a perfluorinated chemical called PFOA or c8. A lawsuit established a broad medical study of affected residents, which Schaider says paved the way for further science.

"Engineers have already estimated it's going to take 200 years of filtration to get [C8] out of the water," said Vienna resident, Dr. Paul Brooks.

“A lot of what we know about the human health effects of PFOA come from the Ohio River Valley and the C8 Study where over 30,000 community members were involved in a health study,” Schaider said, “and the results showed that there were 6 health effects that were linked to their PFOA exposure.”

Kidney and testicular cancer, pregnancy-induced hypertension, and thyroid disease are some of the maladies that were linked to exposure of PFOA.

In Vienna, West Virginia, residents like Paul Brooks, MD, have been living for decades with c8 levels in their drinking water above EPA’s long term exposure health advisory. When EPA announced the advisory this summer, construction began soon after to add filters to the water system. Brooks still doesn’t trust the water or the EPA’s advisory.

Brooks is a physician who helped set up the original C8 study in the area, drawing samples and taking health surveys from thousands of Ohio Valley residents.

“And with as much saturation as we have here in the environment,” Brooks said, “engineers have already estimated it’s going to take 200 years of filtration to get it out of the water.”

Brooks said health effects have been documented at levels lower than the EPA’s recommended standard. And for those with chronic exposure, he worries about the effects of bio-accumulating the chemical. Brooks uses an activated carbon filter in his home – which does filter out PFOA. Brooks says every drop of water in the region needs to be filtered.

A Long Term Study of Children’s Immune Responses

The second Harvard study released today builds on the C8 Study from the Ohio Valley, as well as a growing body of health research.

The study was led by Philippe Grandjean, MD, DMSc., who has become one of the foremost experts on health effects of these chemicals. His study looks at long term effects of perfluorinated chemicals on the immune systems of exposed children. He explains it takes years to pass the chemicals out of your system.

“They stay in the body for a long time,” Grandjean explained, “therefore it’s also plausible – while they harm the immune system today – they probably also will down the road. And that’s exactly what we found.”

Seven years ago the federal Environmental Protection Agency issued a health advisory for anyone with short term exposure to PFOA. Then in May, a long-term health advisory was announced. Towns across the country in states like Vermont, Alabama, Michigan and West Virginia are all adjusting water systems to meet the new suggested threshold. Grandjean said the EPA’s advisory is a step in the right direction, but more action is required.

“The new water limits will essentially maintain status quo or if worse comes to worse, actually increase levels that are typical for Americans” Grandjean said. “If you drink that a lot of that water that is permissible, many Americans are likely to increase their body burden.”

Reducing Your Exposure

One of the Harvard report’s authors, Laurel Schaider pointed out that drinking water is only one exposure path for these chemicals. She said filtering water is an important and effective way to protect yourself – but there are other thoughts to consider as well:

Avoid stain-resistant carpents and upholstery
Avoid “perfluor-“, “polyfluor-“, “PTFE” on labels
Select cast iron or enamel cookware
Eat more fresh foods to avoid fast food packaging
Minimize contact with fluorinated ski waxes
Ask yourself, do I need this product to have fluorinated chemicals?

Parkersburg Provides Water to Vienna's Commercial District

The City of Parkersburg will provide water to some parts of Vienna in response to high levels of a carcinogenic chemical in the town’s drinking water.

The Parkersburg Utility Board’s Assistant Manager Eric Bumgardner says the lower-third of Vienna, also known as the town’s commercial district, had its water switched over to Parkersburg’s water supply Wednesday.

This will remain in effect until a permanent fix is in place.

Bumgardner also says there will likely be an announcement made Thursday when customers in that area can safely use their tap water.

The federal Environmental Protection Agency established a new C8 limit last week for public drinking water and issued a drinking water advisory for Vienna and Martinsburg. C8, also called PFOA, has been used to make Teflon.

The EPA recommends C8 exposure of 0.07 parts per billion or lower. Test results show that C8 concentration in Vienna water has been above 0.1 parts per billion.

In Martinsburg, the plant contaminated with C8 was shut down last week, and all residents were switched over to a larger, second plant. The Martinsburg Water Department says the cause of the contamination is still under investigation.

Martinsburg, Vienna Respond to Drinking Water Warnings

Update: Friday, May 20, 2016 at 10:30 a.m.

The City of Vienna issued a statement today saying residents may bring clear containers to one of four locations between 8 a.m. and 8 p.m. to collect water for drinking and food preparation:

Grand Central Mall
The former Manville site on River Road between 32nd and 28th Streets
Vienna Utility Board garage behind 210 60th street
Family Carpet in central Boaz

Anyone elderly or in need of assistance can call the city: 304-295-4541, or 304-295-4543.
A Do-Not-Drink advisory remains in effect.

Update: Thursday, May 19, 2016 at 6:14 p.m.

A representative from the Martinsburg Water Department said residents should feel safe to drink their tap water. The water department has shut off the intake at Big Springs Water Filtration Plant, which is contaminated with C-8, and switched over to a larger plant. Kilmer Springs Water Filtration Plant in Martinsburg, is the main plant cleaning the city’s water. Testing is underway until the issue is resolved.

Original Post:

The Federal Environmental Protection Agency issued a drinking water advisory today for the carcinogenic chemical commonly referred to as C-8. Several municipalities in the state have C-8 in their tap water at higher levels than the federal guidelines suggest is safe, leaving city and state officials strategizing on what to do next.

Vienna is one town in West Virginia struggling with how to manage chemical contamination in municipal water supplies. The town sits within close proximity to DuPont, a chemical company with a history of environmental contamination problems. City officials say C-8 exists at .1 part per billion in water supplies today. But the new federal advisory says in order for drinking water to be considered safe, levels should be lower than .07 parts per billion.

Some people say that even that level is dangerous, especially if you live with the contamination every day.

“It is not in line with the latest scientific recommendations by renown toxicologists who said there ought to be no more than .001 parts per billion,” said Dr. Paul Brooks, a resident in Vienna and an advisory member of an activist group called Keep Your Promises DuPont. He also said filtration systems need to be put in place immediately.

“And who needs to pay for that is DuPont because they are the ones who contaminated the environment up here,” he added.

West Virginia’s Bureau for Public Health issued a statement saying it’s working with the town of Vienna to implement appropriate precautions, including a Do Not Drink advisory until additional testing and evaluation takes place. “The Department of Health and Human Resources and the Department of Military Affairs and Public Safety will assist those affected by the EPA’s advisory, and the state will assist in securing installation of new filters,” the statement said.

Two other public water systems in West Virginia, in Parkersburg and Martinsburg, were also named in a news release issued by Sens. Joe Manchin and Shelley Moore Capito. The release says both water systems also were affected by the new EPA thresholds.

Parkersburg Utility Board Assistant Manager, Eric Bumgardner, said the release is incorrect and that PUB’s system has measured well below the acceptable C-8 levels for may years. Officials in Martinsburg said they are using additional sources to provide water to customers.