North Carolina Sets New Interim Standards for PFAS in Groundwater

North Carolina’s Department of Environmental Quality (DEQ) has announced interim limits for eight per- and polyfluoroalkyl substances (PFAS) in groundwater. Although the agency is in the process of seeking approval for permanent PFAS groundwater standards, these temporary limits became effective on October 15 and will remain in effect for up to 12 months.

The interim groundwater limits follow a “citizen request” made to North Carolina DEQ by residents who say they’ve identified some of the PFAS compounds involved in their domestic water wells. PFAS, or “forever” chemicals, have been a hot topic in North Carolina since 2017, when local media reports identifying the presence of a PFAS compound called “GenX” in the Cape Fear River came to widespread public attention. North Carolina DEQ’s 2022 Action Strategy for PFAS announced plans to propose regulatory standards for PFAS in groundwater, surface water, and drinking water throughout the state.

The new groundwater limits, which are the first of North Carolina DEQ’s proposed PFAS standards, will impact potable water wells and environmental remediation activities at properties where PFAS contamination has been identified. Mirroring the national PFAS drinking water standards set by EPA earlier this year, North Carolina’s interim limits are set very low and, in the case of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), fall below current laboratory detection capabilities.

Groundwater units with PFAS concentrations in excess of the new standards may be unsafe for human consumption. And owners of properties who caused or contributed to PFAS contamination in the groundwater under their properties may be held responsible for cleaning up their PFAS discharges and remediating the groundwater to comply with the new standards. North Carolina DEQ has also signaled its intent to rely on these PFAS standards to establish discharge limits for PFAS in new environmental permits. Business sectors that may be affected range from industrial facilities with PFAS in their processes or products to businesses that receive PFAS indirectly from external sources, including waste management facilities that receive PFAS-containing wastes and agribusinesses that apply PFAS-contaminated biosolids to their land.

Although the public comment period for the new interim limits closed on October 4, any person aggrieved by DEQ’s action can bring a contested case petition to challenge these regulatory standards via administrative hearing until December 14. The new standards do not impose any affirmative obligations on regulated businesses, but owners and operators of North Carolina properties with known or suspected PFAS releases or facilities with PFAS discharges should take note of the new standards and monitor future developments for opportunities to make sure their concerns are heard.

Businesses outside of the state should stay alert for chances to advocate for their industries as well—other states are expected to follow North Carolina’s suit in the near future.

North Carolina—Interim Maximum Allowable Concentrations in Groundwater

Perfluorooctanoic acid (PFOA)	0.001 nanograms per liter
Perfluorooctane sulfonic acid (PFOS)	0.7 nanograms per liter
Perfluorononanoic acid (PFNA)	10 nanograms per liter
Hexafluoropropylene oxide dimer acid (HFPO-DA)	10 nanograms per liter
Perfluorohexanesulfonic acid (PFHxS)	10 nanograms per liter
Perfluorobutanesulfonicacid (PFBS)	2,000 nanograms per liter
Perfluorohexanoic acid (PFHxA)	4,000 nanograms per liter
Perfluorobutanoic acid (PFBA)	7,000 nanograms per liter

Please contact Sophie Gray, David Topping or any member of the Phelps Environmental team if you have questions or need advice or guidance.