EPA Citation to Chemours Shows Enforcement Push Under TSCA

EPA Penalty Notice

Last month, EPA issued notices of violation (NOVs) to Chemours, which manufactures per- and polyfluoroalkyl substances (PFAS), among other chemicals, for alleged violations of the Toxic Substances Control Act (TSCA) at two of its facilities located in Fayetteville, NC and Parkersburg, WV.  The two NOVs, relatively rare under TSCA, may indicate an intent by EPA to step up enforcement under TSCA. The NOVs allege that Chemours failed to comply with a TSCA significant new use rule (SNUR) requiring GenX compounds (a form of PFAS) to be manufactured in an enclosed process; and failed to properly control effluent and emissions during use of GenX as required by a 2009 TSCA Consent Order.  Although EPA has the authority to assess penalties under the applicable provisions of TSCA, it elected to require Chemours to take immediate action to correct the violations and come into compliance. EPA also required Chemours to outline for EPA the actions it is taking to comply, and a timeline for compliance.  Finally, EPA repeated a previous request for documents under TSCA Section 11 regarding when Chemours first learned about contamination by GenX in and around the two facilities.  For more information on TSCA requirements and compliance, contact Steve O’Day or Vickie Rusek.