Delaware-based The Chemours Company entered a multi-state settlement with the Department of Justice (DOJ), Environmental Protection Agency (EPA), and West Virginia Department of Environmental Protection over the company’s alleged release of so-called “forever chemicals” in three states.
Chemours will pay a civil penalty of $22.5 million and implement a $90 million program to mitigate per- and polyfluoroalkyl substances (PFAS) discharges from facilities in West Virginia, New Jersey, and North Carolina.
It will also install PFAS pollution controls at its West Virginia plant at an estimated cost of $60 million and supply clean drinking water to affected communities surrounding its facilities in West Virginia and New Jersey at a cost of about $280 million.
The company will also consider options for implementing controls to reduce PFAS and other toxic emissions from its facility in North Carolina.
The settlement was reached under the Clean Water Act, Resource Conservation and Recovery Act, Toxic Substances Control Act, and West Virginia Water Pollution Control Act.
It covers four Chemours facilities—in West Virginia, North Carolina, and New Jersey—that use or produce PFAS.
Chemours also manufactures PFAS for various industrial and military applications, including those where substitutes are not readily available.
The combined costs of the settlement are estimated to exceed $450 million.
The settlement allows Chemours to continue manufacturing PFAS for critical commercial and military applications while preventing future contamination and protecting communities.
This is the first comprehensive settlement by the federal government to resolve enforcement claims over pollution by a manufacturer of forever chemicals, according to a DOJ press release.
“This landmark settlement shows the administration’s commitment to protecting the public from harmful pollution,” said Principal Deputy Assistant Attorney General Adam Gustafson of the DOJ’s Environment and Natural Resources Division.
“This agreement ensures that the company will manufacture these critical materials in a responsible manner.”
Chemours stated in a press release on June 24 that the settlement is part of its ongoing program to address PFAS issues related to its operations.
“The settlement agreement is the latest progress delivered under the Strengthening the Long-Term pillar of Chemours’ Pathway to Thrive strategy, which includes the company’s sustained efforts to address legacy PFAS and other environmental claims,” the company said.
PFAS in All 50 States
PFAS are used to make products resistant to water, grease, and stains.
They are called “forever chemicals” because they don’t degrade easily and can remain in soil, air, water, plants, and animals for years after exposure.
The EPA reports that PFAS are found in all 50 states.
The chemicals make their way from manufacturing plants, industrial sites, and military installations into the surrounding soil and air.
They have been found in livestock, plants, fish, and drinking water in contaminated areas.
A 2016 study published by the U.S. Department of Health and Human Services found evidence that chemicals in the PFAS family could disrupt the human immune system.
“The evidence that these chemicals affect multiple aspects of the immune system supports the overall conclusion that both PFOA and PFOS alter immune functions in humans,” the National Institutes of Health website states.
The research also shows possible links to cancer.
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