Chemours reaches $450 million PFAS settlement with EPA, DOJ and West Virginia
The U.S. Environmental Protection Agency (EPA), U.S. Department of Justice and the West Virginia Department of Environmental Protection have announced a comprehensive settlement with The Chemours Company that will require the company to invest more than $450 million in penalties, treatment systems, drinking water protections and pollution control measures at four PFAS-related manufacturing facilities.
The agreement covers Chemours facilities in West Virginia, North Carolina and New Jersey and resolves alleged violations of the Clean Water Act, Resource Conservation and Recovery Act, Toxic Substances Control Act and West Virginia Water Pollution Control Act. According to federal officials, it is the first comprehensive federal settlement involving a major PFAS manufacturer.
Under the proposed consent decree, Chemours will pay a $22.5 million civil penalty and implement a $90 million program to reduce PFAS discharges. The company will also install surface water and air emission controls at its West Virginia facility, provide clean drinking water to communities near facilities in West Virginia and New Jersey for more than a decade and evaluate additional measures to reduce PFAS and other toxic releases from its North Carolina operations.
Federal officials allege that Chemours facilities discharged PFAS into the Ohio, Cape Fear and Delaware rivers and failed to comply with certain Toxic Substances Control Act requirements for more than a decade. The settlement does not resolve potential liability for former facility owner DuPont.
As part of the agreement, Chemours will undertake 14 projects aimed at reducing PFAS in wastewater, stormwater and groundwater at its Washington Works facility in West Virginia, including treatment systems using granular activated carbon. The company must also test drinking water near affected facilities and provide treatment or alternative water supplies where needed.
The settlement requires Chemours to achieve at least 99% control efficiency for GenX emissions at each facility and implement enhanced leak detection and repair programs to reduce PFAS air emissions. The pollution control and monitoring programs are expected to remain in place for 15 years.
EPA officials said the settlement is intended to reduce PFAS contamination at the source while allowing the continued production of fluoropolymers and other materials used in industrial and military applications where alternatives may be limited. The proposed consent decree is subject to public review and comment before final approval.