PFAS pollution standards delayed after pushback from NC Chamber

The NC Chamber is pushing to delay the progress of proposed limits of forever chemical pollution in ground and surface water.

The North Carolina Environmental Management Commission declined to start the rulemaking process for PFAS pollution standards Wednesday, after Republican-appointed EMC members Tim Baumgartner and Joseph Reardon stalled a vote.

Baumgartner and Reardon said DEQ had not provided adequate information for a vote, including a fiscal analysis. "The lack of respect by DEQ for this commission is evident by lack of communication and disregard for providing documents to the EMC for review in a timely manner," Baumgartner said.

Elizabeth Biser, the secretary of the NC Department of Environmental Quality, said in a letter that she is "deeply disappointed" that the Groundwater and Waste Management Committee is "refusing to hear" the proposed standards.

The commission has scheduled informational sessions on the rules for a fourth time, instead of an action item that Biser said would start the 18-month-minimum process for the standards to become official.

"This is not the first time we brought this forward to them, so they have had ample opportunity to ask questions and receive information," Biser said.

The delay comes after the NC Chamber, a state advocacy organization, sent a letter to Biser questioning the scope of the DEQ's rulemaking and the science behind the proposed rules to limit PFAS pollution to surface and ground water.

"There is a multitude of scientific literature that proves the health impacts associated with these chemicals, along with the toxicity data and the other bioaccumulation factors that we need in order to set standards," Biser said.

Duke Health, a member of the NC Chamber, has published research on PFAS exposure and impacts on maternal and developmental health. The Environmental Protection Agency cites a collection of peer-reviewed scientific studies linking exposure to some types of PFAS with adverse health impacts, including cancer.

"The businesses in our state, including those in manufacturing, have a proven track record of supporting North Carolina’s economic vitality and doing so responsibly," NC Chamber president Gary Salamido wrote.

In 2017, PFAS contamination, dumped by Chemours and parent company Dupont, was discovered in the Cape Fear River drinking water supply. To date, DEQ says alternate drinking water supplies have been provided to more than 8,500 homes in eight counties as a direct result of the 2019 Chemours consent order.

Chris Meek, a kidney cancer survivor and social studies teacher in Wilmington, says he suspects that decades of exposure to PFAS chemicals have played a role in his health issues.

"The polluters are responsible for making sure that their actions do not harm the community and they have harmed the community," Meek said.

DEQ says it's investigating other PFAS contamination in state believed to be from industrial discharge sources.

"On behalf of the business community, we urge NC DEQ and the NC Environmental Management Commission (EMC) to delay any action until we receive appropriate studies and have greater clarity on the benefits and cost of regulation," Salamido added.

Biser says the proposed rules have already been in discussion for two years. The process, once started by the EMC, will include a cost-benefit analysis as well as opportunities for input from the public, commission members, and other stakeholders.

"My frustration here is yet another delay," Biser said. "The sooner we act to reduce the flow of PFAS into the environment from surface and groundwater, the better chance we're going to have at reducing the cost on the resident side."

Emily Donovan, who founded Clean Cape Fear after GenX was found in the drinking water supply, says the cost burden of cleaning up PFAS should fall on the companies that dumped the chemicals.

"Why are we suffering from cancer and footing the bill, while chemical companies profit?," Donovan said.

Meek says he's seen rates increase after the Cape Fear Public Utility Authority spent $46 million to upgrade its system to remove PFAS.

Water systems will have five years to comply with federal PFAS drinking water standards that will require at least 18% of the state's utilities to install expensive filtration systems to remove six of the chemicals from drinking water.

"Put simply, the less contamination that goes into a water supply, the less effort and expense required to take it out before it reaches a resident's faucet," Biser wrote.

The NC Chamber declined requests for an interview, but said in a statement: "The business community is made up of the people who live in communities across our state, these people, and these businesses, pay the bills and enjoy the clean air and water with their families."

The NC Chamber did not respond to questions about financial support from manufacturers of PFAS.

According to the National Institute of Environmental Health Sciences, North Carolina is the third highest state for PFAS exposure. The North Carolina Department of Health and Human Services has also found high levels of PFOS and other PFAS chemicals in freshwater fish.

"I don't think that the consumer should be paying for the acts of a contaminator," Meek said. "You make your mess, you have to clean it up."

The Environmental Management Commission meets again on July 10, 2024. The public can join in-person at 512 N. Salisbury St, Raleigh, NC or online.