The Justice Department, Environmental Protection Agency, and the West Virginia Department of Environmental Protection announced a multi-state settlement with Chemours, a spin-off of the cehmical company DuPont, agreeing to pay a civil penalty of $22.5 million for alleged violations and conduct a multi-year, $90 million program to mitigate PFAS discharges.
The settlement covers four Chemours facilities — located in West Virginia, North Carolina, and New Jersey — that use or produce PFAS, or per- and polyfluoroalkyl substances, which are synthetic “forever chemicals” used to make products resistant to water, grease, and stains. Chemours also manufactures PFAS for various industrial and military applications, including those where substitutes are not readily available.
This is the first comprehensive settlement by the federal government to resolve enforcement claims over pollution by a manufacturer of forever chemicals.
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As part of the agreement, Chemours is also supposed to evaluate options and implement corresponding controls to reduce releases of PFAS and other toxic chemicals from its facility in North Carolina. The implementations will be based on recommendations from a third-party engineering firm.
At its West Virginia facility, Chemours is required to establish PFAS pollution controls, such as treatment systems using granulated activated carbon, for surface water discharges and air emissions at an estimated cost of $60 million. In West Virginia and New Jersey, it will need to supply clean drinking water for more than a decade to communities that surround its facilities at an estimated cost of $280 million.
Chemours will also implement enhanced Leak Detection and Repair programs to reduce emissions of PFAS. Finally, Chemours must certify compliance with respect to its storage of hazardous waste.
Combined, the cost of the penalty and injunctive relief programs are estimated to exceed $450 million. These programs will last for 15 years.
The settlement allows Chemours to continue manufacturing PFAS for critical commercial and military applications with the goal of preventing future contamination and protecting communities from that contamination.
“This landmark settlement shows the Administration’s commitment to protecting the public from harmful pollution,” Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division said in a press release. “Through this commitment, Chemours will better control PFAS at its plants, allowing the company to continue its manufacturing operations while protecting communities in North Carolina, West Virginia, and New Jersey from PFAS exposure. This agreement ensures that the company will manufacture these critical materials in a responsible manner.”
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