Environmental Manager

Podcast: courts, settlements and capacity bets. In September's Distilled News, a federal appeals court strikes down the EPA's methylene chloride ban, three chemical makers agree to pay $455 million over PFAS, and BASF and Kemira look at new production. Sept. 24, 2026 Welcome to the September 2026 edition of Distilled News, where Chemical Processing take a look at the top stories trending on ChemicalProcessing.com. I'm Jonathan Katz, executive editor of Chemical Processing. Chemical Processing kick off this month's recap with a look at a U.S. court ruling that could have a far-reaching impact on the Toxic Substances Control Act. The U.S. Court of Appeals for the Fifth Circuit vacated a U.S. Environmental Protection Agency rule that banned most uses of methylene chloride, an industrial solvent often used as a paint stripper. In a 44-page opinion issued Sept. 15, Judge Edith Jones wrote that the agency ignored studies that showed methylene chloride didn't cause significant adverse health effects and failed to account for the use of personal protective equipment by workers who were exposed to the substance. Jones also noted that the agency used the smallest temporary impacts on certain body functions and then applied inflated benchmark exposure measures. The American Chemistry Council issued a statement following the ruling, saying it reinforces that decisions under TSCA must be based on scientific evidence and real-world conditions. The industry group said the court's ruling rejected the so-called "whole-chemical" approach to regulation, affirming that the agency should carry out risk determinations based on individual applications and the use of personal protective equipment. However, an environmental health advocacy group called Toxic-Free Future said the ruling comes at the expense of public health, putting people exposed to the chemical at risk of cancer and possible death from acute exposure. "We have known for decades that methylene chloride exposures can cause cancer, neurological and liver effects, and can be deadly for consumers and workers," said Liz Hitchcock, director of federal policy at Toxic-Free Future. "Congress updated TSCA in 2016 so that EPA could finally take action to get dangerous chemicals like methylene chloride out of our homes and workplaces. Mothers whose sons lost their lives due to this chemical fought hard for a ban on this notoriously deadly substance." In 2024, the Biden-led EPA finalized a ban on most uses of methylene chloride under TSCA. At the time, the agency's announcement included several statements of support, including one from a woman whose son died in 2017 after exposure to the substance. The Fifth Circuit decision could have broader implications for other chemical reviews under TSCA, wrote attorneys from Sidley Austin LLP on the firm's website. In addition, courts reviewing TSCA rules for other chemicals may disagree with the Fifth Circuit's reasoning, leading to a "substantial litigation risk for future TSCA reviews, according to the Sidley Austin attorneys. On the litigation side of chemical safety, Chemours, DuPont and Corteva have reached a $455 million settlement with North Carolina and 11 local entities over claims involving PFAS and other historical discharges from Chemours' Fayetteville Works facility, as well as alleged PFAS contamination unrelated to the site. The companies announced the settlement Sept. 10. The agreement covers litigation brought by the state and local entities near Fayetteville Works and includes state claims involving PFAS contamination from sources such as aqueous film-forming foam. Payments will total $455 million over 15 years, beginning within 30 days of execution of the agreement. Chemours will be responsible for 50% of the payments, with DuPont and Corteva responsible for the remaining 50% under a 2021 memorandum of understanding among the companies. Chemours said its share is approximately $180 million on a net present value basis and is covered by existing accruals. The company expects to pay approximately $50 million during the next 12 months. Of the total settlement, $18 million is attributed to alleged PFAS contamination unrelated to Fayetteville Works. Chemical Processing now turn to company news, with BASF announcing Sept. 21 that it is evaluating a potential investment in an MDI production complex in India. The company is in the advanced stages of a feasibility study and has secured an industrial land parcel for the potential project through BASF India Polyurethanes. A final investment decision will depend on the feasibility study and required approvals, BASF said. MDI is a key building block for polyurethane products used in building insulation and refrigeration as well as automotive components, furniture and consumer goods. BASF said the potential project would expand its manufacturing footprint in India and support a local-for-local supply model for customers in India and neighboring markets. The announcement comes as the company enters the final phase of a roughly $1 billion MDI expansion in Geismar, Louisiana. BASF's potential India investment comes as major producers continue to expand or evaluate MDI capacity in several regions. BASF's Geismar expansion is designed to increase the site's MDI output to 600,000 metric tons per year, while Covestro announced plans in June for a 660,000-metric-ton-per-year MDI production train at its integrated Shanghai site. Covestro is also evaluating a similarly sized MDI train in the United Arab Emirates. Kemira, a Finnish company that specializes in materials for water-intensive industries, has started pilot operations for iron phosphate production at its site in Helsingborg, Sweden, as the company develops battery-materials production for Western markets.Iron phosphate is a chemical precursor used to produce lithium iron phosphate (LFP) cathode materials for batteries used in electric vehicles, energy storage systems and other industrial applications. The pilot facility bridges laboratory-scale development and potential industrial-scale production. It will allow Kemira to produce larger material volumes for customer testing, product qualification and process development while evaluating the requirements for a potential full-scale production facility. "With the start-up of the Helsingborg facility, Kemira is becoming one of the first producers of iron phosphate in Europe focused on serving Western battery markets," said Peter Ersman, the company's executive vice president of new ventures and services. The company intends to use the pilot plant for product validation and manufacturing process development as it evaluates potential future scale-up. The company noted that future investment in commercial-scale production will depend on successful customer qualifications and market development. That's it for this month's edition of Distilled News. Visit ChemicalProcessing.com for the latest updates on the industry. Until next time, I'm Jonathan Katz. Thanks for listening. Executive editor. Jonathan Katz, executive editor, brings nearly two decades of experience as a B2B journalist to Chemical Processing magazine. He has expertise on a wide range of industrial topics. Jon previously served as the managing editor for IndustryWeek magazine and, most recently, as a freelance writer specializing in content marketing for the manufacturing sector. His knowledge areas include industrial safety, environmental compliance/sustainability, lean manufacturing/continuous improvement, Industry 4.0/automation and many other topics of interest to the Chemical Processing audience. When he's not working, Jon enjoys fishing, hiking and music, including a small but growing vinyl collection. Jon resides in the Cleveland, Ohio, area. Information at Your Fingertips! Signup to receive industry news, trends, best practices and thought leadership. Subscribe Today!

Chemours' ongoing PFAS pollution violates 2019 Consent Order, say SELC and Cape Fear River Watch. Groups call on Chemours to fix its ongoing forever chemicals pollution CHAPEL HILL, N.C. - On behalf of Cape Fear River Watch, the Southern Environmental Law Center today notified Chemours that the company is violating the 2019 Consent Order and 2020 Addendum that were negotiated to address PFAS contamination from its Fayetteville Works facility in North Carolina. The notice identifies ongoing violations related to Chemours' air emissions, groundwater contamination, and failure to reduce PFAS pollution to nearby rivers, including the Cape Fear River, a drinking water source for more than 500,000 people. If Chemours fails to address these violations, SELC and Cape Fear River Watch will take Chemours back to court. "Chemours' violations endanger families and communities from its ongoing PFAS pollution and cannot continue," said Jean Zhuang, senior attorney at the Southern Environmental Law Center. "With people suffering, it's past time for Chemours to be held accountable." The notice alleges that Chemours has failed to achieve the Consent Order's required 75 percent reduction in the amount of PFAS reaching Willis Creek, Georgia Branch, Old Outfall 002, and the Cape Fear River. Significant PFAS pollution, including ultra short-chain PFAS, continues to enter these waters and has been detected in finished drinking water downstream. Ultra-short chain PFAS are highly mobile, persistent, and notoriously difficult to remove once released by polluters, posing a serious challenge for downstream drinking water utilities. "Chemours knowingly contaminated the drinking water of half a million North Carolinans - for half a century - with toxic PFAS chemicals," said Kemp Burdette, Cape Fear Riverkeeper and executive director of Cape Fear River Watch. "When we found out, we sued the company to make them stop. But, Chemours is breaking their word - they are violating the consent order and continuing to pollute our air and water with forever chemicals. We demand that NCDEQ use its authority to hold Chemours accountable and force the company to protect people's health and the environment. If the state fails to protect its citizens, and chooses to protect Chemours instead, we'll go back to court." The notice also alleges violations of air pollution control requirements designed to prevent PFAS releases from Chemours' manufacturing processes. In recently announced separate settlement negotiations between Chemours and North Carolina, the state agreed to undertake a process to identify Chemours' remaining obligations under the 2019 Consent Order. Through that process, the state has an opportunity to correct some of the company's violations that are identified in today's notice letter. "The coming months will show whether DEQ is willing to fully enforce the Consent Order against Chemours," added Zhuang. SELC and Cape Fear River Watch disagree with assertions by Chemours and N.C. Department of Environmental Quality that certain Consent Order obligations have been satisfied. SELC represents Cape Fear River Watch in monitoring and enforcing Chemours' compliance with the 2019 Consent Order. The state is also a party to the Consent Order. Chemours announced plans to expand PFAS production at its Fayetteville Works facility in 2022 and continues to seek the state air permit needed to move forward. The proposed expansion would substantially increase production even though Chemours remains out of compliance with key Consent Order requirements and has yet to fully address contamination from its existing operations. Multiple local governments and community groups have called on the company to fully clean up its pollution before any expansion is approved. PFAS are a class of thousands of human-made chemicals that include PFOA, PFOS, and GenX, and are associated with cancers; harm to children, infants, and pregnant women; heart attacks and strokes; and other serious health harms. These contaminants are known as forever chemicals - they do not dissipate, dissolve, or degrade, but stay in water, soil, and its bodies. PFAS are not removed by conventional water treatment, so it is critical that industries like Chemours treat their own pollution to keep PFAS out of drinking water sources in the first place. About Southern Environmental Law Center The Southern Environmental Law Center is one of the nation's most powerful defenders of the environment, rooted in the South. With a long track record, SELC takes on the toughest environmental challenges in court, in government, and in its communities to protect its region's air, water, climate, wildlife, lands, and people. Nonprofit and nonpartisan, the organization has a staff of 250, including more than 160 legal and policy experts and advocates, and is headquartered in Charlottesville, VA, with offices in Asheville, Atlanta, Birmingham, Chapel Hill, Charleston, Nashville, Richmond, and Washington, DC. selc.org Are you a reporter and would like more information? Please visit its press contact page for a full list of SELC's press contacts. Press contacts. Senior Communications Manager