North Carolina Pushes Back on Proposed $450M-Plus Chemours PFAS Deal

North Carolina Attorney General Jeff Jackson is urging residents to comment on a proposed federal consent decree addressing PFAS releases from Chemours facilities in North Carolina, West Virginia and New Jersey.
The U.S. Department of Justice lodged the proposed agreement June 24 in the U.S. District Court for the Southern District of West Virginia. The public-comment period is scheduled to close July 29, after which the federal government may seek final court approval.
Jackson said North Carolina was not included in the negotiations and argued that the proposed agreement does not guarantee sufficient direct relief for the state. He encouraged residents to submit comments to the Justice Department before the deadline. Those assertions represent the attorney general’s position on the agreement.
“This deal was negotiated behind closed doors without anyone from North Carolina at the table, and it guarantees our state nothing,” Jackson said.
Under the proposed consent decree, Chemours would pay a $22.5 million civil penalty and fund $90 million in mitigation projects over 15 years. Federal officials estimate that the penalty and required relief, including pollution controls and drinking-water programs, would exceed $450 million in total.
For the Fayetteville Works site in North Carolina, the agreement would require Chemours to evaluate and implement controls recommended by an independent engineering firm to reduce PFAS and other toxic releases. It also calls for controls designed to achieve at least 99% efficiency in limiting releases of GenX from the covered facilities.
The federal complaint alleges violations of the Clean Water Act, Toxic Substances Control Act and Resource Conservation and Recovery Act. The consent decree states that Chemours does not admit the alleged violations and continues to deny noncompliance.
Chemours said the agreement recognizes operational improvements and remedial measures already underway and would provide greater clarity regarding future compliance requirements. The company said the proposed settlement remains subject to final court approval.
The proposed federal agreement does not resolve DuPont’s potential liability for historical PFAS releases, according to the Justice Department. It is also separate from North Carolina’s existing enforcement actions and litigation involving the Fayetteville Works site.
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