EPA v. The Chemours Company- Fayetteville Works

Case summary

JANUARY 6, 2021 - CONSENT AGREEMENT AND FINAL ORDER WITH A ZERO PENALTY ASSESSED: On September 28, 2012, the North Carolina Department of Environment and Natural Resource, now the North Carolina Department of Environmental Quality (NCDEQ), issued the Facility a hazardous waste operating permit, Permit No. NCD047368642-R2-M3 (RCRA Permit), last modified July 1, 2015, and effective until September 8, 2022.Pursuant to General Condition II.C of the RCRA Permit, Respondent is not permitted to accept shipments of hazardous waste from off-site sources. On December 19, 2018, the EPA sent a Notice of Temporary Objection to Chemours Netherlands B.V. Dordrecht (Chemours-Dordrecht) in response to Chemours-Dordrecht's request (EC Notice ID: NL608356; EPA Notice 020936/11I/18) to import spent fluorine containing surfactant waste from Chemours-Dordrecht to Respondent's Facility. A final Notice of Objection to this activity was issued by the Agency on January 6, 2020. In response to the EPA?s objection notice, on February 7, 2020, Respondent provided the EPA with additional information pertaining to shipments of spent fluorine containing surfactant waste received from off-site sources at the Facility, including property sheets for the off-site waste shipments received in FY2017 and FY2018. As identified in the following table, based on the information provided by Respondent on February 7, 2020, Respondent accepted shipments of spent fluorine containing surfactant waste that exhibited the characteristic of corrosivity (D002), from an off-site source at the Facility, on at least two occasions: Lot No. (YEAR) Type pH 1805990006 (2018) FRD902NLREC 12.5 1611990002 (2017) FRD902NLREC 2.0

Defendants (1)

• The Chemours Company- Fayetteville WorksNamed in complaintNamed in settlement

Facilities (12)

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

• CHEMOURS COMPANY-FAYETTEVILLE WORKS

  22828 NC HIGHWAY 87 WEST, FAYETTEVILLE, NC, 283067332

  Registry ID: 110000559609

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• The Chemours Company- Fayetteville Worksentered 2021-01-06

  Primary law: RCRA

Timeline (3 milestones)

• 2021-01-06Complaint Filed/Proposed Order
• 2021-01-06Final Order Issued
• 2021-01-08Enforcement Action Data Entered