While the EPA may be rolling back some PFAS regulations and taking a compliance-first approach, PFAS enforcement remains alive and well. Recently, West Virginia, North Carolina, New Jersey, and the EPA and DOJ settled with chemical company Chemours over PFAS discharges from Chemours facilities. Ultimately, the company will pay $450 million between damages and mitigation efforts required under the settlement. A DOJ press release provides details of the settlement agreement:
“Under the agreement, Chemours will pay a civil penalty of $22.5 million for alleged violations and conduct a multi-year, $90 million program to mitigate PFAS discharges. Chemours will 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. Combined, the cost of the penalty and injunctive relief programs 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 from that contamination.”
Between state and federal enforcement, PFAS continues to pose a major environmental risk to companies.
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