EPA officials said the settlement represents the largest civil administrative penalty the agency has ever obtained under any federal environmental statute.
"Frankly, we could have litigated this thing for several years," said DuPont general counsel Stacey Mobley. "We wanted to get this thing behind us so we could move forward."
The settlement involves action taken against Dupont by the EPA for allegedly withholding information about the potential health and environmental risks posed by perfluorooctanoic acid, or PFOA, under provisions of both the Toxic Substances Control Act and the Resource Conservation and Recovery Act.
The EPA alleged that DuPont withheld information for more than 20 years about the health effects of PFOA, also known as C-8, and about the pollution of water supplies near the company's Washington Works plant near Parkersburg, W.Va.
"This sends a strong message that companies are responsible for promptly giving EPA risk information associated with their chemicals," said Granta Nakayama, EPA's assistant administrator for enforcement and compliance.
The supplemental environmental projects involved in the settlement include funding for a research program to evaluate the potential for biodegradation of fluorotelomers such as PFOA and funding for microchemistry and green chemistry programs in West Virginia schools.
Susan Hazen, EPA's prinicipal deputy assistant administrator for the Office of Prevention, Pesticides and Toxic Substances said the studies should produce valuable information that will help scientists better understand the presence of PFOA "and any potential risks it poses to the public."
Lawyers for DuPont and EPA told an administrative law judge Nov. 23 that they had reached a final agreement, but details were not released until Wednesday.
The settlement, which must be approved by the EPA Environmental Appeals Board, resolves four counts of reporting violations under the TSCA and RCRA filed by the EPA last year.