EPA v. THE CHEMOURS COMPANY, FC, LLC (WASHINGTON WORKS)

Case summary

On April 25, 2023, the Division Director of ECAD, EPA R3 issued an Administrative Compliance Order on Consent ( Order ) under Section 309(a) of the Clean Water Act ( CWA or Act ), 33 U.S.C. 1319(a), to The Chemours Company, FC, LLC ( Chemours ), the owner and operator of the Washington Works Site located at 8480 DuPont Road, Washington, West Virginia 26181 ( Facility ) for certain violations of the Act and the Facility's National Pollutant Discharge Elimination System ( NPDES ) Permit No. WV0001279, effective September 1, 2018 ( 2018 Permit ). The 2018 Permit contains conditions for the discharge of stormwater and industrial wastewater at the Chemours Washington Works facility ( Facility ) for certain specified pollutants including, among others, PFOA and HFPO Dimer Acid, also known as GenX. Chemours operates multiple separate manufacturing units at the Facility that produce a variety of organic chemical products. HFPO Dimer Acid is a processing aid used in the manufacture of fluoropolymers at the Facility replacing PFOA which had been used in the past. The 2018 Permit authorizes certain discharges of industrial process and stormwater under specified conditions and limitations. The Order address numeric NPDES effluent limit exceedances of PFOA and HFPO Dimer Acid as well as failure to properly operate and maintain all Facility systems in violation of Sections 301 and 402 of the Clean Water Act, 33 U.S.C. 1311 and 1342. Pursuant to the Order, Chemours has agreed to take all actions necessary to comply with the Clean Water Act and the 2018 Permit; and to implement an agreed upon Sampling Plan to characterize the nature of the stormwater runoff and effluent wastewater leaving the Facility by conducting specified sampling to identify and quantify PFAS discharges at each of the permitted Outlets. The Sampling Plan provides for the characterization of PFAS in both stormwater and wastewater and includes but is not limited to PFAS that are already listed in the 2018 Permit. Respondent will use draft EPA Methods 1621 (for absorbable organic fluorine) and 1633; Total oxidizable precursor assay; and Non-targeted PFAS analysis. In addition, Respondent shall submit an Alternatives Analysis and Implementation Plan for the treatment of HFPO Dimer Acid and PFOA to ensure that such discharges meet numeric NPDES effluent limits at all applicable Outlets which shall include a characterization of the discharges at each Outlet, including the quality and quantity of process water and stormwater and a discussion of available alternatives; and a cost analysis to achieve compliance with the 2018 Permit. The alternatives to be considered shall include, among other things, use of additional technologies capable of meeting existing effluent limits and may also include use of enhanced facility management practices that would prevent or minimize the amount of PFOA or HFPO Dimer Acid that can reach and be discharged from the Outlets. Upon approval by EPA, Respondent will implement the Plan according to the approved schedule. In addition, Respondent shall submit its existing Standard Operating Procedures (SOPs) relating to the management of wastewater for various systems and its revised Storm Water Pollution Prevention Plan ( SWPPP ), which, after review and comment, Respondent shall implement within 30 days.

Defendants (1)

• THE CHEMOURS COMPANY, FC, LLCNamed in settlement

Facilities (8)

• WASHINGTON WORKS

  8480 DUPONT ROAD, WASHINGTON, WV, 26181

  Registry ID: 110000586081

• WASHINGTON WORKS

  8480 DUPONT ROAD, WASHINGTON, WV, 26181

  Registry ID: 110000586081

• WASHINGTON WORKS

  8480 DUPONT ROAD, WASHINGTON, WV, 26181

  Registry ID: 110000586081

• WASHINGTON WORKS

  8480 DUPONT RD, WASHINGTON, WV, 26181

  Registry ID: 110000586081

• WASHINGTON WORKS

  8480 DUPONT RD, WASHINGTON, WV, 26181

  Registry ID: 110000586081

• WASHINGTON WORKS

  8480 DUPONT RD, WASHINGTON, WV, 26181

  Registry ID: 110000586081

• WASHINGTON WORKS

  8480 DUPONT ROAD, WASHINGTON, WV, 26181

  Registry ID: 110000586081

• WASHINGTON WORKS

  8480 DUPONT RD, WASHINGTON, WV, 26181

  Registry ID: 110000586081

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• THE CHEMOURS COMPANY, FC, LLC (WASHINGTON WORKS)entered 2023-04-25

  Primary law: CWA

Timeline (2 milestones)

• 2023-04-25Final Order Issued
• 2023-04-27Enforcement Action Data Entered