North Carolina factories that release toxic “forever chemicals” into rivers and drinking water could avoid consequences under a proposed state rule now moving forward.
The plan would require companies to test for PFAS pollution and submit voluntary plans to reduce it — but sets no limits and imposes no penalties, even if dangerous contamination is found.
Other WRAL Top Stories
PFAS, or per- and polyfluoroalkyl substances, are a class of man-made chemicals linked to cancer and other serious health issues. They don’t break down naturally and have contaminated drinking water for an estimated 3.5 million North Carolinians.
The draft rule, advanced Wednesday by a committee of the Environmental Management Commission, applies to more than 600 industrial sites, including factories that send PFAS-laden waste to city sewer plants. Those plants can’t remove PFAS, meaning the chemicals flow straight into rivers and drinking water supplies.
While regulators and some commissioners describe the plan as a first step, environmental advocates say it’s a giveaway to industry that leaves communities vulnerable.
“Moving this rule forward is dangerous. It does not hold polluters accountable — and in my mind, it’s worse than doing nothing,” said Dana Sargent, executive director of Cape Fear River Watch. Sargent’s brother, a firefighter exposed to PFAS on the job, died of brain cancer — making the issue deeply personal for her.
Jean Zhuang, senior attorney at the Southern Environmental Law Center, called the proposal a "shield for polluters."
“All this rule does is require companies to sample their wastewater a couple of times a year and submit a plan with goals they don’t even have to meet,” Zhuang said.
Some commission members also questioned whether the rule would let pollution continue unchecked. Commissioner Kevin Tweedy asked if it would allow industries to keep discharging PFAS for years without action. Commissioner Marion Deerhake pushed for tougher requirements and more frequent monitoring.
But others, like Commission Chair J.D. Solomon, defended the plan as a starting point.
“This isn’t regulated federally, but we are trying to move the ball forward in the state,” Solomon said. “Some say the rule is too weak, some say it’s an overreach, but doing nothing is not the right thing to do. This gets us started.”
Behind the scenes, the rule has been heavily shaped by industry. Commissioners acknowledged that much of its language came from industry groups, including the North Carolina Water Quality Association — a trade group that represents utilities and companies that would be regulated under the rule.
Michael Ellison, vice chair of the Water Quality Committee, played a key role in developing the rule. Ellison has a history of working closely with industry, including a 2014 incident when he privately collaborated with business groups to rewrite stream protections while at the Department of Environmental Quality. Last year, a state ethics review flagged Ellison’s ties to consulting firm WK Dickson, a Water Quality Association member, as a potential conflict of interest.
During Wednesday’s meeting, Ellison even joked about removing a provision that industry opposed, which sparked outrage from advocates.
“That is just so disrespectful to people like me and the rest of our community who have been affected by PFAS, who might be sitting next to a loved one who's sick from a disease that has been linked to PFAS,” Sargent said. “For them to be sitting in this room making jokes to accommodate the industry is appalling.”
The controversial plan comes after the Environmental Management Commission stalled efforts last year to adopt enforceable PFAS limits. State environmental officials at the Department of Environmental Quality had proposed firm discharge limits, but faced heavy opposition from industry groups like the North Carolina Chamber of Commerce. The commission, which oversees water rules, blocked a vote on those limits and instead directed DEQ to write this weaker, voluntary “minimization” plan.
Even efforts to discuss the plan have been delayed. A special meeting on PFAS in February was abruptly canceled. Water Quality Committee Chair Steve Keen said this week the reason was that a stakeholder presentation was not ready.
In addition to PFAS, the committee voted Wednesday to advance a similar rule for 1,4-dioxane, another toxic industrial chemical that has polluted North Carolina’s rivers. In December, Asheboro released 1,4-dioxane at more than 2,300 times the EPA’s cancer risk threshold.
Although the full Environmental Management Commission meets March 13, the PFAS rule won’t be back up for debate until May, when DEQ is expected to present a revised draft for further discussion.