NCDEQ Announces Proposed Agreement with Chemours

On Wednesday before the Thanksgiving Holiday, the North Carolina Department of Environmental Quality (DEQ) announced that DEQ, Cape Fear River Watch, and Chemours have agreed to a comprehensive resolution regarding per- and polyfluoroalkyl substances (PFAS) contamination originating from Chemours’ Fayetteville Works facility. A proposed consent order would require Chemours to dramatically reduce GenX air emissions, provide permanent replacement drinking water supplies and pay a civil penalty to DEQ.

In this agreement, Chemours would pay a $12 million civil penalty and $1 million for investigative costs. The company would provide permanent drinking water supplies for any party with drinking water wells that show GenX above the lower of 140 parts per trillion (PPT) or applicable health advisory and install/maintain reverse osmosis drinking water systems for well owners with combined PFAS levels above 70 parts PPT or any individual PFAS compound above 10 PPT. Chemours would be required to use control technology to reduce air emissions of GenX and dispose of process wastewater off-site until a National Pollutant Discharge Elimination System (NPDES) permit is issued to authorize discharges.

DEQ will accept public comments on the proposed consent order until December 21, 2018.