The Cape Fear River, a drinking water source for hundreds of thousands and impacted by PFAS and 1,4-dioxane contamination, is subject to proposed “monitoring and minimization” rules approved by the Environmental Management Commission on Jan. 8, which open for public comment Feb. 1. (Port City Daily photo/Johanna Ferebee)

NORTH CAROLINA — Following months of debate, the state’s Environmental Management Commission has passed two regulations for PFAS and 1,4-dioxane. The votes trigger a mandatory 60-day public comment period set to begin Feb. 1 before the rules can be codified into state law.

As previously reported by Port City Daily, the proposed “monitoring and minimization” regulations consist of two separate rules: one targeting three types of PFAS — PFOA, PFOS, and GenX — and the other for industrial solvent 1,4-dioxane. During an EMC meeting on Jan. 8, the PFAS focused rule passed the EMC in a 10-3 vote, while the 1,4-dioxane rule narrowly passed 7-6.

READ MORE: Vote coming on PFAS, 1,4 dioxane rules that critics say allow polluters to police themselves

PFAS, often called “forever chemicals,” are linked by the Environmental Protection Agency to increased risks of cancer, liver damage, and developmental issues in children. Similarly, 1,4-dioxane is categorized by the EPA as a “likely human carcinogen” associated with kidney and liver toxicity. Both contaminants are widespread in North Carolina and are known to be difficult and costly to remove from public drinking water.

Under the rules, industrial dischargers and wastewater plants must test their wastewater quarterly for a year. If the chemicals are detected above the lowest reporting levels —  the smallest amount a lab can reliably verify — the facility must submit a plan to the North Carolina Department of Environmental Quality to show how they plan to reduce contamination levels over time. 

Despite passage, the rules have been the subject of scrutiny from environmental advocates with the Southern Environmental Law Center, who argue the regulations should include strict numeric discharge limits and civil penalties. Otherwise dischargers are essentially policing themselves.

Similarly to the SELC’s opposition, EMC Commissioner Robin Smith voted against the packages, expressing concern during the meeting that the rules lack clear standards to achieve successful minimization of pollutants. 

“I think that one of the concerns is this could be an ongoing, perpetual monitoring machine that doesn’t result in significant reductions,” Smith said to the commission. 

She contended the proposals lack the “teeth” necessary to force polluters to make real change, leaving the state in a loop of testing without a requirement for actual mitigation. 

To her point, Smith introduced an amendment to the PFAS rule seeking to add a legally enforceable limit for discharges. It also aimed to establish concrete timelines for compliance and automatic penalties for facilities who failed to meet minimization targets. The amendment failed to pass as adding numeric limits would have constituted a substantial change, requiring a new financial impact study that would delay the rulemaking process by at least a year. 

EMC Chair J.D. Solomon defended the monitoring and minimization framework as a “first step” to establishing numeric discharge limits, contending the commission’s immediate priority is gathering data to identify exactly where toxins are coming from. He noted the EMC will explore legally enforceable limits for PFAS at its March meeting. 

“I promise everybody that we will start moving on the numeric standards to collect the data and the research and do what takes,” Solomon stated at the meeting. “Once we get this part A done, we will do part B, which will be the numeric standard. It doesn’t end here.”

With the rules now cleared, the 60-day public comment period is set to open Feb. 1. As part of this process, NCDEQ is required to host at least one public hearing — dates and locations are yet to be announced.

Following the close of the comment period, the commission will review all submitted feedback to determine if any significant revisions are necessary. If the rules proceed in their current form, they could reach final adoption by late summer of 2026. However, any major changes triggered by comments could potentially reset the clock, requiring rewrites and further votes from the commission.

Have tips or suggestions for Charlie Fossen? Email charlie@localdailymedia.com

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