Chemours Agrees to $450 Million PFAS Settlement

The historic federal agreement requires the chemical manufacturer to install pollution controls and fund clean drinking water in three states.

Federal and state environmental regulators have reached a landmark $450 million settlement with chemical manufacturer Chemours over allegations of widespread "forever chemical" pollution across three states.

The agreement, announced by the U.S. Environmental Protection Agency, the Department of Justice, and the West Virginia Department of Environmental Protection, marks the first comprehensive federal settlement with a major producer of per- and polyfluoroalkyl substances, known collectively as PFAS.

Government regulators alleged that Chemours unlawfully released PFAS into the Cape Fear River in North Carolina, the Delaware River in New Jersey and the Ohio River in West Virginia. According to the complaint, some of these discharges occurred without required permits, while others actively violated existing permit limits.

Under the terms of the settlement, Chemours must spend more than $337 million on direct pollution control and community relief. This includes an estimated $280 million dedicated to providing alternative drinking water to affected communities and $60 million to ensure environmental compliance at its West Virginia production facility. The company will also fund a government-supervised $90 million PFAS mitigation program spanning multiple years.

PFAS are a class of synthetic chemicals widely used in consumer products to resist water, grease and stains. Because they do not naturally break down in the environment or the human body, they accumulate over time and have been linked by health officials to severe medical conditions.

The settlement addresses a wide range of alleged violations spanning the Clean Water Act, the Toxic Substances Control Act and the Resource Conservation and Recovery Act. Regulators cited the company for failing to restrict environmental releases to the air and water at four facilities, as well as unlawfully storing and accepting shipments of hazardous waste.

As part of the injunctive relief, Chemours must implement 14 treatment system projects to filter PFAS from wastewater, stormwater and groundwater at its West Virginia site. The company is also required to reduce emissions of GenX, a specific type of PFAS, to an efficiency level of at least 99% across its facilities.

Additionally, Chemours must establish enhanced leak detection programs, conduct independent engineering reviews and certify that all hazardous waste is stored properly.

A civil penalty of $22.5 million was assessed against the company based on a federal review of its financial records and ability to pay. While the agreement mandates strict environmental controls and community remediation, it allows Chemours to continue manufacturing PFAS for critical commercial and military applications where substitute materials are not currently available.

The proposed consent decree has been filed with the U.S. District Court for the Southern District of West Virginia and remains subject to a 30-day public comment period before final judicial approval.

About the Author

Jesse Jacobs is Assistant Editor of EPOnline.com.

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