Chemours Reaches Proposed $450 Million PFAS Agreement With EPA, DOJ
Chemours has reached a proposed agreement with the U.S. Environmental Protection Agency, U.S. Department of Justice and West Virginia Department of Environmental Protection to resolve federal and state claims involving PFAS discharges and other alleged environmental violations at four facilities in West Virginia, North Carolina and New Jersey.
The proposed consent decree carries an estimated value of more than $450 million, including a $22.5 million civil penalty, more than $337 million in injunctive relief and a $90 million, government-supervised PFAS mitigation program.
EPA and DOJ said the agreement addresses alleged violations of the Clean Water Act, Toxic Substances Control Act, Resource Conservation and Recovery Act and West Virginia Water Pollution Control Act. The agencies alleged that Chemours released PFAS into the Ohio, Cape Fear and Delaware rivers without required permits or in violation of permit conditions.
Under the proposed agreement, Chemours would complete 14 treatment-system projects at its Washington Works facility in West Virginia to reduce PFAS in wastewater, stormwater and groundwater. The company would also be required to control releases of GenX at an efficiency of at least 99%, expand leak-detection and repair programs and certify compliance with hazardous-waste storage requirements.
The agreement also calls for drinking-water testing and treated or alternative water for communities near Chemours facilities in West Virginia and New Jersey. EPA estimates that the drinking-water component will cost approximately $280 million. Chemours would also implement controls at its North Carolina facility based on recommendations from an independent engineering firm.
Chemours said the proposed agreement resolves claims related primarily to its Washington Works, Fayetteville Works and Chambers Works facilities. The company said it expects to pay the civil penalty in three annual installments beginning after court approval and to fund the $90 million mitigation program over 15 years.
Chemours added that it has already begun planning and implementing operational improvements and remedial measures at its facilities. The company said the agreement provides greater clarity on future compliance requirements and actions tied to responsible manufacturing.
PFAS, or per- and polyfluoroalkyl substances, are used in applications that require water, grease and stain resistance. Chemours serves markets that include coatings, plastics, refrigeration, electronics and general industrial manufacturing. The proposed agreement does not establish a product restriction, but focuses on alleged environmental releases and facility-level compliance requirements.
The proposed consent decree has been lodged in the U.S. District Court for the Southern District of West Virginia. It is subject to a 30-day public-comment period and final court approval.
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