The proposal, jointly announced June 24 by DOJ, the Environmental Protection Agency (EPA), and the West Virginia Department of Environmental Protection (WV DEP), involves four Chemours facilities — in West Virginia, North Carolina, and New Jersey — that use or produce PFAS, short for per- and polyfluoroalkyl substances, synthetic “forever chemicals" that include some refrigerants. Studies have linked PFAS in the environment to harmful health effects in humans and animals, a DOJ press release said.

The DOJ called it the first comprehensive settlement by the federal government to resolve claims over pollution by a manufacturer of forever chemicals.

“This landmark settlement shows the administration’s commitment to protecting the public from harmful pollution,” said Adam Gustafson, principal deputy assistant attorney general of the DOJ’s Environment and Natural Resources Division (ENRD). “Through this commitment, Chemours will better control PFAS at its plants, allowing the company to continue its manufacturing operations while protecting communities in North Carolina, West Virginia, and New Jersey from PFAS exposure. This agreement ensures that the company will manufacture these critical materials in a responsible manner.”

Under the agreement, Chemours would pay a civil penalty of $22.5 million for alleged violations and conduct a multi-year, $90 million program to mitigate PFAS discharges. Chemours would also install PFAS pollution controls for surface-water discharges and air emissions at its facility in West Virginia, at an estimated cost of $60 million; supply clean drinking water for more than a decade to communities that surround its facilities in West Virginia and New Jersey at an estimated cost of $280 million; and evaluate options and implement corresponding controls to reduce releases of PFAS and other toxic chemicals from its facility in North Carolina.

The settlement would allow Chemours to continue manufacturing PFAS for critical commercial and military applications while preventing future contamination and protecting communities from that contamination, the DOJ press release said.

A Chemours press release said the proposal is part of the company’s Pathway to Thrive strategy, which includes its sustained efforts to address legacy PFAS and other environmental claims.

The complaint alleges that three of the facilities that Chemours operates in West Virginia, North Carolina, and New Jersey discharged PFAS into the Ohio River, Cape Fear River, and Delaware River, in violation of permits required by the Clean Water Act and the West Virginia Water Pollution Control Act. Chemours also was allegedly not complying with requirements under the Toxic Substances Control Act at all four facilities. These alleged violations continued for over a decade. As a result of the alleged violations, people living around these facilities were exposed to PFAS.

“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,” said Jeffrey A. Hall, assistant administrator at the EPA’s Office of Enforcement and Compliance Assurance. “This settlement brings Chemours into compliance with the law and holds it fully accountable.”

The facilities were previously owned for many decades by DuPont, and the proposed settlement does not resolve DuPont’s liability for forever chemicals, the DOJ press release said.

The consent decree calls for 14 specified projects to reduce PFAS in wastewater, stormwater, and groundwater at the West Virginia plant. Chemours would test the drinking water near the plants in West Virginia and New Jersey and provide treated or alternative clean water. Chemours would also be required to control releases of the chemical compound GenX — used to aid in making plastics called fluoropolymers — from each facility at an efficiency of at least 99%. Additionally, Chemours would implement controls at its North Carolina facility to mitigate releases of PFAS and other toxics based on recommendations from a third-party engineering firm.

Chemours would also implement enhanced leak-detection and repair programs to reduce emissions of PFAS. Finally, Chemours would be required to certify compliance with respect to its storage of hazardous waste.

The proposed consent decree is available at www.justice.gov/enrd/consent-decrees.