Manufacturer Chemours has settled claims over PFAS pollution in three rivers across North Carolina, New Jersey and West Virgina.
The U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice (DOJ), and the West Virginia Department of Environmental Protection (WV DEP) have announced the first comprehensive federal settlement with a major PFAS manufacturer, after the EPA alleged that Chemours released PFAS into the Cape Fear River (North Carolina), the Delaware River (New Jersey), and the Ohio River (West Virginia) — in some cases without required permits, and in other cases in violation of those permits.
The company violated federal and state laws
The company violated requirements under federal and state clean water, toxic substances, and hazardous waste laws. PFAS — short for per- and polyfluoroalkyl substances — are a group of man-made chemicals used to make products resistant to water, grease, and stains. They do not break down easily in the environment or in the human body, and they have been linked to serious health risks.
The settlement addresses alleged CWA and West Virginia Water Pollution Control Act violations, including unauthorized discharges and permit violations. The settlement also addresses Chemours’ alleged violations of TSCA requirements associated with environmental release restrictions for multiple PFAS, including restrictions on releases to air and water at four facilities in West Virginia, North Carolina, and New Jersey. Finally, the settlement addresses alleged RCRA violations of accepting shipments of hazardous waste in violation of its RCRA permit and unauthorized storage of hazardous waste. In addition to addressing PFAS contamination, the settlement also resolves other environmental violations.
The settlement will resolve the company’s liability under the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), and the West Virginia Water Pollution Control Act. This action further advances EPA’s “polluter pays” commitment, holding accountable those who have significantly contributed to the release of these “forever chemicals.”
Under the settlement Chemours will:
- Bring its facilities back into compliance with the law.
- Complete 14 treatment system projects to reduce PFAS in wastewater, stormwater, and groundwater at its West Virginia facility.
- Control releases of GenX (a type of PFAS) from each facility at an efficiency of at least 99%.
- Test drinking water and provide treated or alternative water to communities near its plants in West Virginia and New Jersey.
- Implement controls at its North Carolina facility based on recommendations from an independent engineering firm.
- Start enhanced leak detection programs and conduct engineering reviews to assess and reduce additional PFAS releases.
- Certify that it is properly storing hazardous waste.
- Undertake projects under a multi-year, government-supervised $90 million mitigation program.
Under the $450 million settlement agreement, Chemours will spend over $337 million on injunctive relief, including an estimated $280 million to provide alternative drinking water, $60 million to ensure compliance with the law at its West Virginia facility, and additional funds to ensure compliance at its other facilities.
Additionally, Chemours will conduct projects under a multi-year, government-supervised $90 million PFAS mitigation program.
Chemours will continue manufacturing PFAS for commercial and military operations
Pursuant to EPA policy, Chemours was assessed a $22.5 million civil penalty based on ability to pay. This amount was set after the EPA and DOJ reviewed Chemours’ financial records. The settlement allows Chemours to continue manufacturing PFAS for critical commercial and military applications, including those where substitutes are not readily available, while preventing future contamination and protecting communities from that contamination.
The proposed consent decree was filed with the U.S. District Court for the Southern District of West Virginia. The public has 30 days to comment before the court considers approving it. The full complaint and proposed settlement agreement are available on the Justice Department’s Proposed Consent Decree webpage.
“This first comprehensive federal settlement against a major PFAS manufacturer delivers on the Trump Administration’s promise to make polluters pay and stop PFAS contamination at the source,” said Assistant Administrator Jeffrey A. Hall for EPA’s Office of Enforcement and Compliance Assurance.
“By appropriately employing the full suite of existing legal authorities, we can greatly reduce PFAS contamination of water, land, and air and even begin to mitigate past harm. This settlement brings Chemours into compliance with the law and holds it fully accountable.”
