North Carolina's Environmental Management Commission voted Thursday to move forward with proposed groundwater standards for forever chemicals known as PFAS. A public comment period on the proposed standards is scheduled to start in November. The rules could be effective as soon as mid-2025.
Clean water advocates say the move is a good first step but express concern with how other standards are not moving ahead.
"A groundwater standard is helpful for the state and for the public. It's long overdue," said Dana Sargent, executive director of Cape Fear River Watch.
PFAS are toxic, human-made chemicals found in several North Carolina waterways. There are thousands of different kinds of PFAS. Available research shows PFAS can cause kidney cancer, birth defects and increased cholesterol.
In April, the Environmental Protection Agency established drinking water standards for 8 types of PFAS.
The North Carolina Department of Environmental Quality is working to establish surface water and groundwater standards in part because surface water and groundwater usually become drinking water.
Groundwater standards for three PFAS move forward to public comment
Thursday's move is years in the making. DEQ first started presenting information about PFAS groundwater standards in 2022.
In July, DEQ asked the EMC's Groundwater & Waste Management Committee to move forward with proposed groundwater standards for eight kinds of PFAS. The committee decided to only move forward with three: PFOS, PFOA and GenX.
Committee Chairman Joe Reardon provided clarification on this move during the group's latest meeting on Wednesday.
"What (DEQ) proposed was allowing more of these compounds in the water than is currently regulated at the PQL," said Reardon, referring to existing lab-based groundwater standards called practical quantitative limits.
"So it was the decision of the committee to regulate the three here, but allow DEQ to continue to regulate the other five at the lesser levels, which is outlined by the PQL. What we didn't want to do was raise the amount of these compounds that could be in the water."
DEQ staff explained some of the proposed standards were higher than existing PQLs because the science showed those levels would not cause harm to human health.
DEQ staff also pointed out that PQL values can differ based on different labs, which could lead to confusion later.
"That's part of our messaging here: the establishment (and the certainty) of standards," said Michael Scott, director of the division of waste management.
State officials working to establish interim groundwater standards
While EMC is moving forward with codifying groundwater policies for three PFAS, DEQ is also acting to establish interim groundwater standards for eight PFAS.
State rules allow for any person to request DEQ to establish an interim standard for a substance for which a groundwater standard has not been established.
DEQ received such a request in July from Jonathan Gordon, a private citizen who lives in Graham.
"(My community) recently discovered that our wells were contaminated with extremely high levels of PFAS. We no longer feel (at) peace, as our groundwater has been contaminated beyond safe levels," said Gordon in his letter to DEQ. "We have lived in these homes for decades and have raised our kids and grandkids on this land, all while drinking the contaminated groundwater."
DEQ is accepting public comment on these interim standards until Oct. 4.
Proposed surface water standards stay in committee
On Wednesday, the EMC's Water Quality Committee discussed proposed surface water PFAS standards for over two hours. Committee members raised several concerns with the proposal's Regulatory Impact Analysis.
In particular, members expressed worry about a section in the document that discussed how people may be exposed to PFAS through food. Members said they're concerned that the information presented implicates that food grown in North Carolina is "laden" with PFAS.
Research shows that PFAS present in surface water can enter crops if that contaminated water is used to irrigate fields.
"PFAS regularly move from soils to nearby surface water and/or groundwater because of their high mobility and persistence," according to a 2021 study. "Irrigating crops or managing livestock for milk and meat production using adjacent waters can be detrimental to human health."
Ultimately, the committee passed a motion to meet with food experts, including the Food and Drug Administration, to gather more information on this topic before moving forward with the impact analysis.
The committee has to approve the analysis to send to the full commission.
Environmental groups want federal intervention
In August, the Southern Environmental Law Center filed a petition to the EPA asking the agency to "take back North Carolina’s authority to regulate water pollution."
While the EPA has a legal duty to regulate pollution, the agency delegates that authority to North Carolina, as is common practice with most states.
However, environmental community groups argue the North Carolina General Assembly has systematically undermined state environmental officials "to the point that the state can no longer effectively protect its waters."
“The people of North Carolina deserve clean water, yet the state legislature is preventing the state from limiting toxic pollution of our waterways and drinking water,” said Mary Maclean Asbill, director of SELC's North Carolina offices.
During Thursday's meeting, the commission passed a motion to ensure its members are included in any discussions DEQ may have with EPA regarding this petition.
"I think it's prudent ... that we be at the table if or when the EPA moves on this," said EMC Chairman J.D. Solomon.
