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State pauses surface‑water PFAS rule; advances groundwater standards and sets interim limits
Summary
DEQ told the Science Advisory Board it will rework surface‑water PFAS rule proposals after the Environmental Management Commission asked for more federal input and a source‑reduction approach; groundwater standards for PFOA, PFOS and GenX are proceeding with public comment and director‑level interim limits in place for eight PFAS.
The Department of Environmental Quality told the Science Advisory Board that it will revise proposed surface‑water PFAS standards after the Environmental Management Commission (EMC) declined to advance the package and asked DEQ to gather additional federal input and consider a source‑reduction strategy.
Assistant Secretary Sushma Masamore said the department’s broader PFAS action strategy includes a comprehensive multimedia sampling effort and monitoring of public water systems prioritized as likely to exceed newly finalized EPA MCLs. “Based on that assessment work … about 20% of all the systems that are out there … have the potential to be exceeding the PFAS levels,” Masamore said, noting the figure could represent roughly 3.5 million North Carolinians.
Why it matters: the EMC’s decision shifts the regulatory pathway. Rather than immediately adopting surface‑water concentration limits tied to downstream drinking‑water benefits, the EMC charged DEQ to collect additional evidence on PFAS in food, fish and groundwater and to return with an alternative plan that emphasizes source reduction and minimization.
Groundwater standards moving forward: DEQ staff told the board the EMC approved proposed groundwater standards for three PFAS—PFOA, PFOS and GenX—and that hearings have concluded; a hearing‑officer report will inform committee deliberations and a recommendation to the full commission. Bridget Shelton of DEQ’s Division of Water Resources said the public comment and hearing period for the proposed groundwater standards runs Nov. 1–Dec. 31, 2024, with anticipated EMC deliberation in May 2025 and potential Rules Review Commission action in June; if approved, standards could take effect in July 2025.
Interim limits (IMAX): Separately, DEQ established interim maximum allowable concentrations (IMAAC/IMAX) for eight PFAS on Oct. 15, 2024. The agency said IMAACs are legal, director‑level values used when a groundwater standard has not yet been adopted; they are temporary and will be reviewed by the EMC within 12 months to determine whether to initiate permanent rulemaking.
Public input and next steps: DEQ emphasized that the groundwater proposal remains in the public comment phase and that staff will incorporate hearing‑officer recommendations before the EMC acts. The agency also noted that additional surface‑water rulemaking work will resume after the Division of Water Resources gathers the supplemental federal and scientific input requested by the EMC.
The board placed several follow‑ups on staff, including circulating calculation worksheets and supporting toxicity references and scheduling outreach on questions raised by the EMC.
