http://yosemite.epa.gov/opa/admpress.nsf/68b5f2d54f3eefd28525701500517fbf/fdcb2f665cac66bb852570d7005d6665!OpenDocument
December 14, 2005
US Environmental Protection Agency Press Release
EPA Settles PFOA Case Against
DuPont for Largest Environmental Administrative Penalty in Agency
History
Contact: Dave Ryan, 202-564-4355 / ryan.dave@epa.gov
(Washington, D.C.) - DuPont will pay $10.25 million
-- the largest civil administrative penalty EPA has ever obtained
under any federal environmental statute -- to settle violations
alleged by EPA over the company's failure to comply with federal
law. Under the settlement, filed with the Agency's Environmental
Appeals Board, Dupont is also committing to $6.25 million for
Supplemental Environmental Projects (SEPs).
The settlement, which still must be approved by
the EAB, would resolve DuPont's violations related to the synthetic
chemical Perfluorooctanoic Acid (PFOA) under provisions of both
the Toxic Substances Control Act (TSCA) and the Resource Conservation
and Recovery Act (RCRA).
The settlement resolves the four violations alleged
in the Agency's two complaints filed against DuPont in July and
December 2004, and settles four additional counts involving information
about PFOA that EPA obtained after initiating its action against
DuPont. Seven of the eight counts involve violations of TSCA Section
8(e) -- the requirement that companies report to EPA substantial
risk information about chemicals they manufacture, process or
distribute in commerce.
"This is the largest civil administrative penalty
EPA has ever obtained under any environmental statue. Not by a
little, by a lot," said Granta Y. Nakayama, assistant administrator
for the Office of Enforcement and Compliance Assurance. "EPA
takes violations of toxic substances laws seriously and is committed
to enforcing those laws. This settlement sends a strong message
that companies are responsible for promptly informing EPA about
risk information associated with their chemicals."
PFOA (also known as C8 or Ammonium Perfluorooctanoate
[APFO]), is used in the manufacturing process of fluoropolymers,
including some Teflon® products, at DuPont's Washington Works
facility in Washington, W.Va. Fluoropolymers impart desirable
properties, including fire resistance and oil, stain, grease,
and water repellency. They are used to provide non-stick surfaces
on cookware and waterproof, breathable membranes for clothing.
As part of this settlement, DuPont has voluntarily
agreed to undertake two Supplemental Environmental Projects (SEPs)
valued at $6.25 million. A SEP is an environmentally beneficial
project that the violator agrees to undertake in exchange for
mitigation of the penalty to be paid. SEPs are related to the
environmental violation and further EPA's goal of protecting and
enhancing public health and the environment.
The first SEP, valued at $5 million and to be completed
in three years, is a project designed to investigate the potential
of nine of DuPont's fluorotelomer-based products to breakdown
to form PFOA. This SEP will help industry, scientists, the public
and EPA examine the potential sources of PFOA in the environment
and potential routes of human exposure to PFOA. The public will
have an opportunity to nominate members to a Peer Consultation
Panel, an independent group of scientists that will address specific
charges identified in the SEP. DuPont has agreed to require the
laboratories that it contracts with to perform work under the
SEP to follow the agency's Good Laboratory Practices standards
as well as prepare and follow a Quality Assurance Project Plan.
For the second SEP, DuPont will spend $1.25 million to implement
over an expected three year period, the Microscale and Green Chemistry
Project at schools in Wood County, West Virginia. This SEP will
foster science laboratory curriculum changes to reduce risks posed
by chemicals in schools. Using microscale chemistry, which reduces
exposure to chemicals, and green chemistry, an approach that uses
safer chemicals, the project will reduce risks to children's health
and enhance science safety in all of the participating schools.
"We are pleased that as a direct result of
this settlement with DuPont, valuable information will be produced
for the scientific community to better understand the presence
of PFOA in the environment and any potential risks it poses to
the public," said Susan Hazen, EPA's principal deputy assistant
administrator for the Office of Prevention, Pesticides, and Toxic
Substances. "We are hopeful that today's action will serve
as an important reminder of the importance of timely industry
reporting of substantial risk information to EPA."
The violations resolved in this settlement consist
of multiple failures to report information to EPA about substantial
risk of injury to human health or the environment that DuPont
obtained about PFOA from as early as 1981 and as recently as 2004.
The seven TSCA Section 8(e) counts fall within three types of
categories: human health information, environmental contamination,
and animal toxicity studies. More information on the violations
is available at: http://yosemite.epa.gov/opa/admpress.nsf/blab9f485b098972852562e7004dc686/826fe743d67d744685256f620074c136!OpenDocument
The
Consent Agreement and SEPs can be viewed at: http://www.epa.gov/compliance/resources/cases/civil/tsca/dupont121405.html
The full record of EPA's case against DuPont is
available to the public through EPA's Headquarters Hearing Clerk
who is located in EPA's Office of Administrative Law Judges at
1099 14th St. N.W., Washington, D.C. and can be reached at 202-564-6263.
Copies of the settlement are available to the public through the
Board's Clerk who is located in the Colorado building, 1341 G
St. N.W., Suite 600, Washington, D.C. 20005 and can be reached
at 202-233-0122.
Additional information on PFOA is available at:
http://www.epa.gov/opptintr/pfoa
E.I.
DuPont de Nemours and Company Settlement
http://www.epa.gov/compliance/resources/cases/civil/tsca/dupont121405.html
On December 14, 2005, EPA forwarded to the Environmental
Appeals Board (Board) a settlement with E.I du Pont de Nemours
and Company (DuPont) for the largest civil administrative penalty
EPA has ever obtained under any federal environmental statute.
The settlement resolves DuPont’s violations related to the
synthetic chemical perfluorooctanoic acid (PFOA) under the Toxic
Substances Control Act (TSCA) and the Resource Conservation and
Recovery Act (RCRA), which includes the four violations alleged
in the Agency’s two complaints filed against DuPont in July
and December 2004, (EPA Files New Claim Alleging DuPont Withheld
PFOA Information) and settles four additional counts involving
information about PFOA that EPA obtained after initiating its
action against DuPont. The settlement package requires DuPont
to pay $10.25 million in civil penalties and perform Supplemental
Environmental Projects worth $6.25 million.
DuPont PFOA Settlement Supplemental Environmental Projects (SEPs)
Fluorotelomer-based Product Biodegradation Testing
SEP
The Biodegradation SEP will investigate the biodegradation potential
of certain chemicals to breakdown to form PFOA. The SEP, valued
at $5 million and to be completed in 3 years, will evaluate nine
of DuPont’s commercial fluorotelomer-based products in commerce
prior to the settlement. Using two types of biodegradation studies,
the SEP will help the public to better understand the inherent
degradation potential of fluorotelomer-based products to form
PFOA and the behavior of such products when released to the environment.
DuPont will use independent laboratories to perform all work associated
with the Biodegradation SEP and will hire an independent third
party to serve as a Panel Administrator for a Peer Consultation
Panel. The Peer Consultation Panel will address specific charges
related to the biodegradation studies. The public will have the
opportunity to nominate Peer Consultation Panel members. DuPont
has agreed to require the laboratories it contracts with to follow
the Agency’s Good Laboratory Practices regulations as well
as prepare and follow a Quality Assurance Project Plan.
Microscale Chemistry and Green Chemistry SEP
DuPont will spend $1.25 million to implement over an expected
3 year period the Microscale and Green Chemistry SEP, a SEP that
will foster curriculum change in 7 schools in Wood County to reduce
risk posed by chemicals using microscale chemistry, which reduces
exposure to chemicals, and green chemistry, an approach that uses
safer chemicals. The goals of this SEP include reducing the adverse
impact to public health by minimizing the potential exposure to
chemicals in schools, avoiding subsequent disposal issues for
these materials, and enhancing science safety in all of the schools
involved in the SEP. This SEP will involve close coordination
with teachers and administrators in the participating schools.
