Chemours Consent Order

Since 2017, DEQ has taken decisive action to require Chemours to significantly reduce the release of PFAS contamination into North Carolina’s air, water and soil.

In February 2019, the Consent Order between DEQ, Cape Fear River Watch represented by the Southern Environmental Law Center, and Chemours was entered in Bladen County Superior Court. The court-enforceable order, requires Chemours to address PFAS sources and contamination at the facility to prevent further impacts to air, soil, groundwater and surface waters, including:

  • Sampling of private wells for PFAS and providing replacement drinking water supplies to impacted residents.
  • Implementing multiple remedial strategies to significantly reduce Chemours’ PFAS discharges to the Cape Fear River.
  • Installation of a thermal oxidizer and reduction of GenX air emissions facility-wide by 99.9%.
  • Conducting a comprehensive assessment of on and offsite groundwater contamination that complies with the requirements of the 2L Rules.
  • Other compliance measures to characterize and reduce PFAS pollution leaving the Fayetteville Works site.

In August 2020, NCDEQ ordered significant additional actions by Chemours to prevent PFAS pollution from entering the Cape Fear River in the Addendum to the Consent Order. These actions address more than 90 percent of the PFAS entering the Cape Fear River through groundwater from the residual contamination on the site. As of 2022, the interim measures required by the Addendum are operational, and the design of the barrier wall and treatment system is underway.

On November 3, 2021, DEQ determined that Chemours was responsible for contamination of groundwater monitoring wells and water supply wells in New Hanover County and potentially Pender, Columbus, and Brunswick counties. DEQ required Chemours to expand the off-site assessment required by Paragraph 18 of the Consent Order and conduct private drinking water well sampling in the downstream communities. On March 2, 2022, DEQ directed Chemours to expand the scope and detail of the interim drinking water plan (submitted on February 1, 2022) to expand eligibility, develop a data driven approach and start sampling within 45 days. On March 28, 2022, after an extensive review, DEQ found that Chemours' "Framework to Assess Table 3+ PFAS in New Hanover, Brunswick, Columbus and Pender Counties Sampling and Drinking Water Plan" requires an expanded scope and additional detail to fulfill the requirements of Paragraph 18 of the Consent Order and North Carolina’s groundwater rules, and is requiring Chemours to submit a revised Framework within 45 days based on conditions outlined in DEQ's response letter.

The Consent Order, Addendum and available related documents are available below. A history of enforcement actions can also be found online.

Documents Related to the Consent Order

Tab/Accordion Item

Files have been organized into Laserfiche and link according to their respective paragraph or sub-paragraph. 

COMPLIANCE MEASURES - GROUNDWATER

Paragraph 16 - Groundwater Remediation

  1. By December 31, 2019, Chemours shall submit for approval by DEQ a complete Corrective Action Plan that complies with the requirements of the 2L Rules and guidance provided by DEQ. DEQ shall put the draft Corrective Action Plan to public notice and provide at least 30 days thereafter in which to provide written comments. DEQ shall consider any written comments received prior to approving the Corrective Action Plan.
  2. Chemours shall implement the Corrective Action Plan in accordance with a schedule approved by DEQ. Except as otherwise allowed in or provided under the 2L Rules, the Corrective Action Plan must provide, upon full implementation, for the remediation of groundwater to the standards set forth in 15A NCAC 2L.0202. Subject to approval by DEQ, the Corrective Action Plan may include actions to be undertaken by other entities that have contributed to the need for such remediation.
  3. The Corrective Action Plan shall include the installation of groundwater monitoring wells along Old Outfall 002, Willis Creek, Georgia Branch, and the Cape Fear River in sufficient number and in locations adequate for monitoring the quality of groundwater entering surface waters, and include the collection and reporting of accurate baseline concentrations for all PFAS for which test methods and lab standards have been developed within each groundwater monitoring well installed pursuant to this paragraph, in addition to existing long-term wells (LTWs) along the Cape Fear River. As test methods and lab standards are developed for additional PFAS, the Corrective Action Plan shall be amended to address those PFAS.
  4. At a minimum, in addition to any measures that might be otherwise required to comply with the 2L Rules, and notwithstanding any provisions of the 2L rules or other exceptions that might apply to corrective action plans, the Corrective Action Plan must require Chemours to reduce the PF AS loading to surface water (Old Outfall 002, Willis Creek, Georgia Branch, and the Cape Fear River), for the PFAS for which test methods and lab standards have been developed, by at least 75% from baseline. The baseline will be established using the average of the concentrations of the PF AS in the groundwater monitoring wells for each surface water and LTWs along the Cape Fear River over the first four (4) quarters of sampling. To demonstrate compliance, mass loading to surface water (Old Outfall 002, Willis Creek, Georgia Branch, and the Cape Fear River), must be reduced by at least 75% from baseline for at least eight (8) consecutive quarters and determined using measured concentrations in groundwater monitoring wells and LTW wells.

Paragraph 17 - Lining of Nafion Ditch and Sedimentation Ponds

Chemours completed permanent lining of the Nation Ditch by November 7, 2018 and permanent lining of the south sedimentation pond by November 8, 2018. Chemours completed permanent lining of the north sedimentation pond by December 31, 2018.

Paragraph 18 - On and Offsite Assessment

Chemours shall fund a third party contractor(s), approved by DEQ after consultation with Cape Fear River Watch, to conduct a comprehensive assessment of on and offsite groundwater contamination that complies with the requirements of the 2L Rules. This assessment shall include an analysis of: (i) the source and cause of contamination; (ii) any imminent hazards to public health and safety and any actions taken to mitigate them; (iii) all receptors (to include as potential receptors drinking water wells and surface waters) and significant exposure pathways; (iv) the horizontal and vertical extent of soil and groundwater contamination and all significant factors affecting contaminant transport; and (v) geological and hydrogeological features influencing the movement, chemical, and physical character of the contaminants. This assessment shall also identify any groundwater seeps contributing to surface water contamination at the site and areas with significantly contaminated sediment. The assessment shall be submitted to DWM and Cape Fear River Watch by September 30, 2019.

Files previously listed on this webpage pertaining to Groundwater have been organized and placed into DEQ's online database called Laserfiche. These and all other files related to Groundwater, including the Corrective Action Plan, will be posted to Laserfiche.

Files have been organized into Laserfiche and link according to their respective paragraph or sub-paragraph. 

COMPLIANCE MEASURES - AIR EMISSIONS

Paragraph 7 - Control Technology Improvements

  1. Second Phase Scrubber. Chemours completed installation of a packed bed scrubber ("Second Phase Scrubber") to control emissions from the Division Waste Gas Scrubber on November 7, 2018.
  2. Vinyl Ethers North Carbon Adsorber Project: Chemours has made improvements to allow for the control of emissions from the Second Phase Scrubber by the Vinyl Ethers North Carbon Adsorber Unit ("Vinyl Ethers North Carbon Adsorber Project") in accordance with the following schedule and conditions:
    1. On October 19, 2018, Chemours submitted to DAQ a process hazard assessment pertaining to the Vinyl Ethers North Carbon Adsorber Project.
    2. On December 26, 2018, Chemours completed construction of the Vinyl Ethers North Carbon Adsorber Project. All emissions from the Second Phase Scrubber are controlled by the Vinyl Ethers North Carbon Adsorber Unit subject to such unit downtime as may be required by the process hazard assessment or as necessary for maintenance of the unit. Chemours will use its best efforts consistent with safe operations to minimize unit downtime.
    3. Within ninety (90) days of installation, Chemours shall submit a report to DAQ demonstrating that the Vinyl Ethers North Carbon Adsorber Unit operates with a minimum control efficiency of 93% for GenX Compounds. 
  3. Thermal Oxidizer. By December 31, 20I9, Chemours shall install a thermal oxidizer to control all PFAS in process streams from the HFPO Process, the Vinyl Ethers North Process, the Vinyl Ethers South Process, the RSU Process, the TFE Process, the MMF Process, and the Polymers Process. Within ninety (90) days of installation, Chemours shall demonstrate that the thermal oxidizer controls all PFAS at an efficiency of 99.99%.

Paragraph 8 - GenX Emissions Reduction Milestones

Chemours shall achieve the overall emission reductions of GenX Compounds in accordance with the following schedule:

Paragraph 8.a

By October 6, 2018 and for the twelve-month period beginning on that date, Chemours shall reduce Facility-wide air emissions of GenX Compounds on an annualized basis by at least 82% from 2017 Total Reported Emissions. To demonstrate compliance with this paragraph, Chemours shall follow the procedure in paragraph (b) below, except the demonstration year shall run from October 6, 2018 through October 5, 2019 (rather than Calendar Year 2019) and the final report demonstrating compliance shall be due on or before December 5, 2019 (rather than February 28, 2020).

Paragraph 8.b

By December 31, 2018 and for the twelve-month period beginning on that date, Chemours shall reduce Facility-wide air emissions of GenX Compounds on an annualized basis by at least 92% from 2017 Total Reported Emissions. To demonstrate compliance with this paragraph, Chemours shall:

  1. Conduct emissions testing for GenX Compounds emissions sources to determine GenX Compounds emission rate for each product campaign. Emissions testing shall be conducted during the first campaign of that product of the Calendar Year 2019. Control device operating parameters must be recorded during the testing. Emissions test reports shall be submitted to DAQ within forty-five days of completion of the emissions test; and
  2. Submit a report demonstrating compliance to DAQ by February 28, 2020. This report shall include GenX Compounds emissions in pounds per year based on test data or established emission factors where test data are not available, hours of operation for each campaign, and production data. The report shall quantify any other emissions including but not limited to fugitive, maintenance, malfunction and accidental emissions. The report shall also include a summary of control device operating parameters throughout the year.

Paragraph 8.c

By December 31, 2019 and for each consecutive twelve-month period following that date, Chemours shall reduce Facility-wide annual air emissions of GenX Compounds by at least 99% from 2017 Total Reported Emissions. To demonstrate compliance with this paragraph, Chemours shall:

  1. Conduct emissions testing for the thermal oxidizer to determine the emissions rate of GenX Compounds. Emissions testing shall be completed by March 31, 2020. Emissions test reports shall be submitted to DAQ within forty-five days of completion of the emissions test; and 
  2. Submit a report demonstrating compliance to DAQ by February 28, 2021. This report shall include GenX Compounds emissions in pounds per year based on test data, or established emission factors where test data are not available, hours of operation, and production data. The report shall quantify any other emissions including but not limited to fugitive, maintenance, malfunction and accidental emissions. The report shall also include a summary of control device operating parameters throughout the year.
  3. Chemours shall repeat this compliance demonstration for each subsequent calendar year unless and until DAQ issues a modified Air Quality Permit to Chemours, incorporating a 99% or greater reduction requirement.

Paragraph 8.d

To provide ongoing assurance of compliance with the interim emissions reductions required under subparagraphs (a) and (b), Chemours shall submit an inventory of emissions of GenX Compounds from all sources on a monthly basis within 21 days of the end of each month. This inventory shall include (I) a detailed summary of emissions during the previous calendar month; (2) cumulative emissions to date during the relevant annual compliance period; and (3) projected emissions during the relevant annual compliance period.

Paragraph 9 - Disclosure of PFAS emissions

Chemours shall have an ongoing duty to disclose to DAQ (i) any identified previously undisclosed PFAS and emissions rates for those PFAS, and (ii) any new process or production that may lead to the addition of any previously undisclosed PFAS in the Facility's air emissions. For any such PFAS, Chemours shall provide DAQ with any available analytical test methods and lab standards. Chemours shall provide DAQ with all known test methods and lab standards for PFAS in air emissions at the facility by December 31, 2018. 

Files previously listed on this webpage pertaining to Air Emissions provisions of the Consent Order have been organized and placed into DEQ's online database called Laserfiche. These and all other files related to Air Emissions will be posted to Laserfiche.

Files have been organized into Laserfiche and link according to their respective paragraph or sub-paragraph. 

COMPLIANCE MEASURES - SURFACE WATER

Paragraph 10 - No Discharge of Process Wastewater from Chemours' Manufacturing Areas:

Chemours shall not discharge process wastewater from Chemours' manufacturing areas until issuance of an NPDES Permit issued under N.C. Gen. Stat. § 143-215.1 and 15A NCAC 2B ("NP DES Permit") expressly authorizing the discharge of such process wastewater and with such limits as DEQ reasonably deems necessary and appropriate to control the discharge of GenX Compounds and other PFAS. In accordance with applicable law, in setting such limits, DEQ shall take into account available health information including any information produced pursuant to this Consent Order.

Paragraph 11 - Characterization of PFAS in Process and Non-process Wastewater and Stormwater at the facility:

Paragraph 11a - Test methods and lab standards

By January 31, 2019, Chemours shall (a) provide DWR with all known analytical test methods and lab standards for all PFAS in all process and non-process wastewater and storm water at the Facility, including but not limited to all process and non-process wastewater and storm water discharged through Outfall 002, and (b) submit a plan and schedule for conducting non-targeted analysis of all process and non-process wastewater and storm water streams to identify any additional PFAS and developing test methods and lab standards for such compounds. Chemours shall commence implementation of such plan within thirty (30) days of approval by DEQ. Chemours shall follow the EPA's Protocol for Review and Validation of New Methods for Regulated Organic and Inorganic Analytes in Wastewater under EPA's Alternate Test Procedure Program, see https://www.epa.gov/sites/production/ft les/2016-03/documents/chemical-new­method-protocol_ feb-2016.pdf, and shall write each test procedure in the standard EPA format.

Paragraph 11b - Sampling plan

By December 31, 2018, Chemours shall submit a sampling plan to DWR for approval. This sampling plan shall include proposed locations for the sampling to carry out the initial characterization of all PFAS described in subparagraph ( c ).

Paragraph 11c - Initial characterization

Within thirty (30) days of approval of the sampling plan, Chemours shall commence submission of quarterly reports to DEQ identifying PFAS constituents and initial concentrations at any level above the practical quantitation limit in all process and non-process wastewater and stormwater at the Facility, including, but not limited to, all process and non-process wastewater and stormwater discharged through Outfall 002. As part of these reports, process and non-process wastewater and stormwater shall be characterized from each of Chemours' manufacturing areas as well as from the manufacturing areas of Chemours' tenants, Kuraray and DuPont. Similar testing for PFAS constituents in the raw water intake shall be performed in conjunction with other sampling in order to assess background concentrations. The final quarterly report shall be submitted, and initial characterization of all PFAS completed, no later than eighteen (18) months after approval of the sampling plan.

Paragraph 11d - Ongoing sampling

For all PFAS for which test methods and lab standards have been developed Chemours, at least every two months, shall sample for each such PFAS at approved locations and report the results to DWR. Approved locations shall, at a minimum, include the locations described in subparagraph 11 ( c ), unless Chemours has demonstrated through its initial characterization that a manufacturing area does not contribute to PFAS loading. After two years of such sampling, Chemours may request that DWR agree to a reduced sampling frequency.

Paragraph 11e - Ongoing duty to disclose

Chemours shall have an ongoing duty to disclose (i) any previously undisclosed PFAS and concentrations of any previously undisclosed PFAS in all process and non-process wastewater and storm water at the Facility, and (ii) any new process or production that may lead to the addition of any previously undisclosed PFAS in process and non-process wastewater and stormwater at the Facility. For any such PFAS, Chemours shall provide DWR with available test methods and lab standards as specified in subparagraph (a) above.

Paragraph 11.1 - Characterization of PFAS Contamination in Downstream Raw Water Intakes

Within six months of entry of this Order, Chemours shall submit an analysis to DEQ reporting contributions of PFAS (including identification and mass loading of each PFAS) from the Facility to the raw water intakes of downstream public water utilities.

Paragraph 11.2 - Characterization of PFAS Contamination in River Sediment

Within six months of entry of this Order, Chemours shall develop a plan for assessing the nature and extent of PFAS sediment contamination in the Cape Fear River originating from the Facility, and submit the plan and a schedule for implementation to DWR for approval. Within thirty (30) days of DEQ's approval of the plan and schedule by DWR, Chemours shall commence implementation of the plan. Upon completion, Chemours shall summarize its findings in a report to be submitted to DEQ, Cape Fear River Watch, and to downstream water utilities.

Paragraph 12 - Accelerated Reduction of PFAS Contamination m the Cape Fear River and Downstream Water Intakes

    1. In order to reduce PFAS contamination in the Cape Fear River and in the raw water intakes of downstream public water utilities on an accelerated basis, within six months of entry of this Order, Chemours shall submit to DEQ and Cape Fear River Watch a plan demonstrating the maximum reductions in PFAS loading from the Facility (including loading from contaminated stormwater, non-process wastewater, and groundwater) to surface waters, including Old Outfall 002, that are economically and technologically feasible, and can be achieved within a two-year period ("PFAS reduction targets"). The plan shall be supported by interim benchmarks to ensure continuous progress in reduction of PFAS loading. If significantly greater reductions can be achieved in a longer implementation period, Chemours may propose, in addition, an implementation period of up to five years supported by interim benchmarks to ensure continuous progress in reduction of PFAS loading. In demonstrating maximum reductions in PFAS loading to the Cape Fear River, Chemours may take into account the PFAS loading reductions to be achieved pursuant to subparagraph 12(e). Subject to approval by DEQ, the plan may include actions to be undertaken by other entities that have contributed to the need for such remediation. Chemours shall simultaneously transmit the plan to downstream public water utilities. DEQ will make DEQ staff available to meet with downstream public water utilities to receive input on the plan.
    2. The plan shall include a model accounting for all sources of PFAS (including identification and mass loading of all PFAS) from the Facility contributing to the loading of PFAS into the Cape Fear River, Willis Creek, Georgia Branch, and Old Outfall 002.
    3. The model shall be prepared by a third party approved by DEQ after consultation with Cape Fear River Watch. Prior to conducting the modeling analysis, the third party shall submit to DEQ for approval a scope of work describing the modeling analysis. DEQ shall consider all timely comments received from Cape Fear River Watch prior to agency approval of any such document.
    4. DEQ and Cape Fear River Watch shall review the plan developed by Chemours, and the Parties shall work together in good faith to determine if the PFAS reduction targets identified by Chemours represent the maximum reductions that are economically and technologically feasible, and can be implemented over a two-year period ( or longer as proposed in an alternate plan), or whether the Parties can identify and agree upon further reductions. The burden is on Chemours to demonstrate that the concentrations of GenX and perfluoro-1- methoxyacetic acid (PFMOAA) detected in Outfall 002 cannot be reduced by at least 80% from baseline levels, including after measurable storm events, as defined in 40 C.F.R. 122.2l(g)(7)(ii), within 2 years.
    5. By September 30, 2019, Chemours shall complete, at a minimum, monthly surface water sampling in Old Outfall 002 (beginning no later than March 2019) at the locations marked A (mouth of stream), A (seep), B, C, D, E, Option B (proposed dam), and Creek A2 in Attachment A for any PFAS for which test methods and laboratory standards have been developed as of the date of entry of the Consent Order. Also by September 30, 2019, Chemours shall complete pilot scale testing of treatment equipment to determine its control efficiency for all PFAS identified in Old Outfall 002. The results of this pilot testing shall be supported by at least three (3) months of sampling data, and submitted to DWR for review and approval. In addition, within ninety (90) days of entry of this Consent Order, Chemours shall submit a plan analyzing the options below and implement one of them upon approval by DEQ and Cape Fear River Watch:
  1. Provided that DEQ issues any necessary permits authorizing such discharge and subject to any conditions imposed by such permits, and provided that any other permitting authority with jurisdiction over the project issues any other necessary permits, by September 30, 2020, at or near the Option B location (proposed dam) depicted in Attachment A, Chemours shall implement a system to capture the dry weather flow at that location and treat such water prior to discharge pursuant to such permits or authorizations as DEQ may issue. Chemours shall submit timely and complete applications and take all other actions necessary to obtain any necessary permits or authorizations to carry out the requirements of this paragraph. The treatment system shall meet such discharge standards as shall be set by DEQ, and shall, in addition and at a minimum, be at least 99% effective in controlling indicator parameters, GenX and PFMOAA;
  2. By September 30, 2020, Chemours shall implement such measures to reduce PFAS loading from Old Outfall 002 to the Cape Fear River that will achieve results that are demonstrated to be equivalent to or greater than the reductions that would be obtained under subparagraph (i) above.

                  Following the completion of the groundwater remediation set forth in Paragraph 16, Chemours shall remove any dam(s) placed within Old Outfall
                  002 and restore the channel to its condition prior to the installation of the dam.

  1. Provided that the Parties come to an agreement regarding additional PFAS reductions, within eight months after entry of this Order, DEQ, Cape Fear River Watch and Chemours shall jointly move to amend this Consent Order to incorporate any agreed upon reductions as enforceable requirements of this Consent Order as well as stipulated penalties for non-compliance. If DEQ, Cape Fear River Watch, and Chemours are unable to mutually agree upon additional PFAS reductions within eight months after entry of this Order: (i) the Parties may jointly stipulate to additional time in which to submit a joint motion to amend, or (ii) Cape Fear River Watch, DEQ, and Chemours may bring any dispute regarding the additional reductions before the Court for resolution. In resolving any such dispute, the Court shall, in addition to considering testimony by qualified experts presented by the parties, give due regard to the demonstrated knowledge and expertise of DEQ with respect to the evaluation of the economic and technological feasibility of environmental remediation and the application of that knowledge and expertise to other remediation projects. After the Court amends this Consent Order or otherwise resolves this issue, Chemours shall commence implementation within thirty days of such an amendment or other resolution of the issue, and comply with the reduction targets mandated.
  2. Nothing in this paragraph shall be construed to limit Chemours' obligations to submit and implement a complete Corrective Action Plan pursuant to paragraph 16, but Chemours may propose such a Corrective Action Plan that integrates the requirements of this paragraph.

Paragraph 13 - Facility Site Visit

By February 28, 2019, Chemours shall provide DEQ and Cape Fear River Watch with a tour of the exterior grounds of the Facility, including Old Outfall 002, Outfall 002, the terracotta pipe (which formerly carried industrial process wastewater), discharge locations to surface waters, and the proposed sampling locations contemplated by paragraph 11 (b ).

Paragraph 14 - Toxicity Studies

Within thirty (30) days of entry of this Consent Order, Chemours shall submit a plan and proposed schedule for review and approval by DEQ for funding and facilitating the conducting of an initial set of toxicity studies by a qualified third party approved by DEQ relating to both toxicity assays informative to human health and aquatic life sufficient to aid in development of surface water and groundwater regulatory standards for up to five PFAS as determined by DEQ. The plan shall provide for the studies and parameters identified in Attachment B as well as technologically feasible dosing parameters to be agreed upon by Chemours and DEQ. Chemours shall implement the measures set forth in the approved plan. DEQ reserves the right to seek additional toxicity studies or additional health, chemical persistence and environmental fate information beyond the scope of the initial set of studies required by this paragraph. DEQ shall consider public comments in determining what additional toxicity studies or additional health, chemical persistence and environmental fate information are needed. Chemours reserves the right to contest any efforts by DEQ to seek additional toxicity studies or additional health, chemical persistence and environmental fate information from Chemours beyond the scope of the initial set of studies required by this paragraph. Additionally, modification of toxicity study(ies) specified in Attachment B shall permitted, upon agreement between DEQ and Chemours, only if DEQ determines that such modification will provide substantially better information. Any dispute with respect to this paragraph that the parties are unable to resolve after good faith negotiations shall be resolved by the Court, which shall determine whether the disputed activity is reasonably necessary to achieve the objectives of this paragraph.

Paragraph 15 - Notice to and Coordination With Water Utilities

In the event of an upset or other operating condition at the Facility that has the potential to cause (i) a discharge of GenX Compounds or any PFAS for which analytical test methods and lab standards have been developed into the Cape Fear River through Outfall 002 at concentrations exceeding 140 ng/L, or any applicable health advisory, whichever is lower, or (ii) a material increase in the concentration of any PFAS in effluent being discharged into the Cape Fear River through Outfall 002 or any future permitted discharge, Chemours shall provide notice to downstream public water utilities, DEQ, and Cape Fear River Watch within one (I) hour of knowledge of the condition. Chemours shall maintain a list of appropriate contacts of downstream public water utilities, which Chemours shall routinely update by requesting contact information from DEQ. Chemours shall also post a description of the condition including any estimated quantity of the release on a publicly available website within twenty-four (24) hours of knowledge of the condition.

Files previously listed on this webpage pertaining to Surface Water have been organized and placed into DEQ's online database called Laserfiche. These and all other files related to Surface Water will be posted to Laserfiche.

Files have been organized into Laserfiche and link according to their respective paragraph or sub-paragraph. 

COMPLIANCE MEASURES - REPLACEMENT DRINKING WATER SUPPLIES

Paragraph 19 - Provision of Public Water Supplies or Whole Building Filtration Systems:

Chemours shall establish and properly maintain permanent replacement drinking water supplies in the form of public water or a whole building filtration system for any party (i.e., household, business, school, or public building) with a private drinking water well that has been found through testing validated by DEQ to be contaminated by concentrations of GenX compounds in exceedance of 140 ng/L, or any applicable health advisory, whichever is lower. Under this provision, permanent replacement water supplies shall be established by connection to a public water supply, except that:

  1. in lieu of a connection to public water supply, an affected party may elect to receive either a whole building filtration system approved by DEQ or under sink reverse osmosis systems (installed at every kitchen and bathroom sink at the election of the affected party) approved by DEQ, in which case Chemours shall install and properly maintain such filtration systems;
  2. an affected party may elect to decline any permanent replacement drinking water supply;
  3. if DEQ determines that connection to a public water supply to a an affected party would be cost-prohibitive (i.e., greater than $75,000) or unsafe, DEQ may authorize provision of a permanent replacement water supply to that affected party through installation and ongoing maintenance of either a whole building filtration system approved by DEQ or reverse osmosis systems approved by DEQ installed at every kitchen and bathroom sink (at the election of the affected party).

Permanent replacement drinking water supplies established pursuant to this paragraph shall be installed no later than: (i) nine (9) months from the date Chemours becomes aware that the affected party qualifies for replacement drinking water; or (ii) if Chemours is aware that an affected party qualifies for replacement drinking water at the time this Consent Order is entered, nine (9) months from the date of entry of this Consent Order. For affected parties, Chemours shall be liable to pay for any water bills from public utilities for a period of twenty (20) years up to $75/month/affected party, provided that the monthly cap on public utility bills may be reevaluated by DEQ every two (2) years and adjusted by the average percentage increase or decrease in utility rates a given county.

[Note: On June 15, 2022, EPA released a final health advisory level of 10ppt for GenX. This will replace the state’s provisional drinking water health goal of 140 ppt developed by NCDHHS in 2018.  DEQ has directed Chemours to revise its Drinking Water Compliance Plan and Feasibility Study Report and provide public water or whole-house filtration systems to any party with a private drinking water well contaminated by GenX chemicals in exceedance of 10 ppt as required by paragraph 19 of the Consent Order.]

Paragraph 20 - Provision of Reverse Osmosis Drinking Water Systems

Chemours shall provide for and properly maintain permanent replacement water supplies through the installation of three under sink reverse osmosis drinking water systems approved by DEQ for any party (i.e., household, business, school, or public building) that does not qualify for permanent replacement of a private drinking water supply pursuant to paragraph 19 with a drinking water supply well contaminated by:

  1. combined quantifiable concentrations of PFAS listed m Attachment C m exceedance of 70 ng/L; or 
  2. quantifiable concentrations of any individual PFAS listed in Attachment C in exceedance of 10 ng/L.

In the event that the water from more than one sink may be filtered using a single reverse osmosis system with the same or better results for finished water, Chemours may request approval from DEQ to implement such a system in lieu of a reverse osmosis system under each sink. For any public building (e.g., schools or government buildings) that qualifies for permanent replacement drinking water pursuant to this paragraph, Chemours shall either (i) provide and properly maintain under sink reverse osmosis drinking water systems approved by DEQ at each drinking fountain and at each sink that is used for drinking water, or (ii) provide, after consultation between DEQ, Chemours, and the management of the school or building, and subject to DEQ's approval, another effective system or equipment (such as, without limitation, construction of a deeper well, installation of a whole building filtration system, provision and supply of drinking water coolers). Permanent replacement drinking water supplies established pursuant to this paragraph shall be installed by Chemours by no later than: (i) six (6) months from the date Chemours becomes aware that an affected party qualifies for replacement drinking water; or (ii) if Chemours is aware that an affected party qualifies for replacement of drinking water at the time this Consent Order is entered, six (6) months from the date of entry of this Consent Order.

Paragraph 21 - Private Well Testing

Chemours shall fund sampling by a third party laboratory approved by DEQ of drinking water wells for a distance of at least one-quarter (1/4) mile beyond the nearest well with test results showing a quantifiable level of any PFAS listed in Attachment C above 10 ng/L. Such testing shall be completed within eighteen (18) months of entry of this Order. Additionally, by December 31, 2018, Chemours shall fund re-analysis by a third party laboratory approved by DEQ for all PFAS listed in Attachment C of any previously collected groundwater samples that were analyzed only for GenX, GenX Compounds, or a subset of the PFAS listed in Attachment C. Chemours shall retest annually to determine the extent of PFAS contamination. Chemours shall request incorporation of a plan to carry out this requirement in its Corrective Action Plan.

Paragraph 22 - Provision of Sampling Results

On an ongoing basis and within seven (7) days of receiving any groundwater or finished water sampling results, Chemours shall provide these results to DEQ, with samples identified by both address and sample ID. Within seven (7) days of receiving test results, Chemours shall also provide sampling results to parties who have had their wells or finished water tested. For parties whose wells were tested prior to the lodging of this Consent Order, Chemours shall ensure that they have received sampling results within seven (7) days of the lodging of this Consent Order.

Paragraph 23 - Interim Replacement of Private Drinking Water Supplies

Within three (3) days of Chemours becoming aware that a party qualifies for permanent replacement of private drinking water pursuant to paragraph 19 or 20 (or, for parties whose wells were previously tested and found to qualify for permanent replacement water pursuant to paragraph 19 or 20, as soon as practicable and no later than thirty (30) days after entry of this Consent Order), Chemours shall offer temporary replacement water supplies (i.e., bottled water) until such time as permanent replacement water supplies have been provided. For any party that is eligible for permanent replacement water supplies pursuant to paragraph 19 or 20 but declines to receive such permanent replacement water supplies, Chemours shall provide bottled water for at least three (3) months after receiving written confirmation that an affected party declines to receive permanent replacement water supplies.

Paragraph 24 - Drinking Water Compliance Plan

  1. By no later than sixty (60) days after entry of this Order, Chemours shall submit a plan for compliance with paragraphs 19-23 to DEQ for approval. This plan shall include a detailed schedule with milestones for Chemours to fund a third party to (I) sample private drinking water wells, (2) flush the drinking water supply plumbing (including flushing hot water heaters to remove solids) and replace, when deemed necessary by DEQ, previously installed water treatment systems (such as water softeners or filters) for any building receiving permanent replacement drinking water supplies under paragraph 19, (3) implement a testing program of finished water, as acceptable to DEQ, to demonstrate the effectiveness of filter systems, and ( 4) maintain filtration systems installed pursuant to paragraph 19 or 20 for a minimum of 20 years or until such a time as testing of groundwater demonstrates that each PFAS listed in Attachment C is below any applicable health advisory, whichever is longer.
  2. DEQ shall establish a process for addressing citizen complaints related to implementation of the plan.
  3. In the event that a filtration system does not function properly or effectively as determined by DEQ, Chemours shall, within 30 days, submit a plan and schedule to DEQ for providing an alternative source of drinking water. Chemours shall implement the plan upon approval by DEQ.

Paragraph 25 - Extension of Deadlines

For good cause shown, Chemours may submit to DEQ one or more requests for extensions of up three months each for any deadline specified in paragraphs 19-24.

Files previously listed on this webpage pertaining to Replacement Drinking Water Supplies have been organized and placed into DEQ's online database called Laserfiche. These and all other files related to Replacement Drinking Water Supplies will be posted to Laserfiche.

Files have been organized into Laserfiche and link according to their respective paragraph or sub-paragraph. 

COMPLIANCE MEASURES - OTHER COMPLIANCE MEASURES

Paragraph 25.1 - Split Samples

Whenever Chemours collects any water sample pursuant to this Consent Order, it shall, if DEQ so requests for that sample, send a split sample to DEQ at a location to be specified by DEQ in its request, for additional analysis. DEQ retains its authority to take independent samples and to observe any sampling taken by Chemours or Chemours' contractor(s).

Paragraph 26 - Total Organic Fluorine

Chemours shall fund development by a third party contractor(s) of a sampling and analytical methodology for the measurement of Total Organic Fluorine in its process air emissions and process wastewater. Chemours' contractor(s) shall (i) be approved by DEQ, (ii) submit quarterly reports to DEQ, and (iii) submit the completed methodology to DEQ for review by December 31, 2020.

Paragraph 27 - Fate and Transport

Chemours shall fund development by a third party contractor(s) of a study, based on the best available data and information, analyzing the fate and transport of identified PF AS originating from the Facility in air, surface water and groundwater. Chemours' contractor(s) shall (i) be approved by DEQ, and (ii) submit the completed study to DEQ for review by June 30, 2019. This study may be done as part of another study required by this Order.

Paragraph 28 - Reporting

Chemours shall submit quarterly progress reports to DEQ detailing the work and activities undertaken and completed pursuant to the requirements set forth in this Order. The quarterly reports are due no later than the thirtieth (30th) day of January, April, July, and October for the duration of this Order.

Files previously listed on this webpage pertaining to Other Compliance Measures have been organized and placed into DEQ's online database called Laserfiche. These and all other files related to Other Compliance Measures will be posted to Laserfiche.

In August 2020, NCDEQ ordered significant additional actions by Chemours to prevent PFAS pollution from entering the Cape Fear River as the next phase of the ongoing cleanup of the contamination at the Fayetteville Works Site. These actions address more than 90 percent of the PFAS entering the Cape Fear River through groundwater from the residual contamination on the site. Chemours is required to treat four identified ‘seeps’ which account for more than half of the contaminated groundwater reaching the river in two phases.

  • The interim measures to filter PFAS at an efficiency of at least 80 percent from the first of the four seeps will go into effect starting by Mid-November – with all four completed by April 2021.
  • The permanent measure is the construction of a subsurface barrier wall approximately 1.5 miles long and groundwater extraction system that will remove at least 99 percent of PFAS to be completed by March 2023.

Chemours is also required to treat on-site stormwater that is adding residual pollution to the river with a capture and treatment system that must remove at least 99 percent of PFAS. The Addendum is available online.

Files previously listed on this webpage pertaining to the Consent Order Addendum Submittals have been organized and placed into DEQ's online database called Laserfiche. These and all other files related to the Consent Order Addendum Submittals will be posted to Laserfiche.