North Carolina Announces PFAS Action Plan, Key Rulemaking on the Horizon

North Carolina’s Department of Environmental Quality just released the state’s strategy to address the impacts of PFAS, or per- and poly-fluoroalkyl substances, on the environment and human health. The plan goes hand in hand with a bipartisan bill in the state legislature. If passed, it could require manufacturers and retailers to follow maximum acceptable contamination levels for each PFAS chemical or face liability for cleanup efforts.

Compounds containing PFAS are widely used in commercial and consumer products. These include fast food packaging, nonstick cookware, stain- and water-resistant fabrics and clothing, cleaning products, dental floss, shampoo, cosmetics, and paints, varnishes, and sealants. Also known as “forever chemicals” because they do not break down naturally in the environment, PFAS have been linked to a number of human health concerns, including:

• • Reproductive effects such as developmental delays, low birth weights and behavioral changes in children
  • Hormone disruption
  • Increased risk of some cancers
  • Heightened cholesterol levels
  • Increased risk of obesity

The department’s action plan focuses on three goals:

1. 1. Identifying and notifying communities at risk of PFAS exposure
   2. Minimizing future releases of PFAS to the environment by setting regulatory standards for maximum pollutant levels
   3. Imposing liability for PFAS remediation efforts on parties responsible for known contamination

To accomplish these goals, the department will begin rulemaking to set ground, surface and drinking water standards for priority PFAS starting in fall 2022. It will also work with the North Carolina Department of Health and Human Services to identify and develop data supporting such standards for other PFAS compounds. The department will offer technical help to permittees who take early action to reduce their PFAS releases.

North Carolina joins dozens of states who have proposed or adopted legislation to regulate PFAS concentrations in the environment and impose liability on parties who cause or contribute to PFAS contamination. Several states have also set labeling and reporting requirements for PFAS products. Others have banned the manufacture or sale of certain PFAS-containing products, such as California, which banned the sale of cribs, playpens and other children’s products containing PFAS starting July 1, 2023.

In addition to state regulators, EPA announced plans earlier this year to set a federal rule regulating PFAS levels in drinking water. EPA’s proposed regulation is expected this fall, with a final rule to be put in place by fall 2023. EPA has also signaled its intent to regulate two prominent PFAS chemicals, PFOA and PFOS, as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in the very near future. 

To keep in compliance with state and federal standards and avoid potential liability, manufacturers and retailers should stay informed of these rapid regulatory changes and ensure they have a clear understanding of the PFAS contents of their processes and products.

Please contact Steve Levine, David Topping, Sophie Gray, or any member of Phelps’ Environmental team if you have questions or need compliance advice and guidance.