New rules on GenX, other forever chemical water pollution again delayed by NC commission

Earlier this month, Republicans on a state environmental commission once again declined to start the rulemaking process to keep "forever chemicals" like GenX out of groundwater and surface waters.

The move prompted outrage from environmentalists and frustration from state regulators, who have been pushing for the new standards to match moves at the federal level to prevent the toxic manmade chemicals, formally known as per- and polyfluoroalkyl substances (PFAS), from entering the environment.

The Cape Fear region has been one of the nation's epicenters for PFAS-related contamination since the StarNews broke the story that a host of then-unknown manmade chemicals, including GenX, had been dumped into the Cape Fear River and polluted drinking water supplies in much of Southeastern North Carolina for decades.

STANDARDS DELAYED: NC rules to limit PFAS contamination delayed by pushback from business community

What happened in Raleigh?

As at previous meetings, state regulators had proposed moving forward with establishing health-based standards for eight types of PFAS, including GenX. The surface water rules would seek to protect drinking water supplies by setting limits on forever chemical discharges into above-ground waterways. The groundwater rules would focus on getting existing contamination cleaned up.

In April the U.S. Environmental Protection Agency (EPA) adopted new federal drinking water standards for the first time for some PFAS. While the EPA doesn't set surface water and groundwater standards, it expects states to set standards once a federal drinking water standard is finalized.

A DEQ survey after the EPA announced the new forever chemical standards found that 300 water systems across the state have elevated PFAS levels, impacting 42 municipal water systems that serve more than three million residents.

But after a lengthy debate, the groundwater and waste management committee of the N.C. Environmental Management Commission (EMC) declined to move the proposal out of committee and before the entire commission, pushing any move forward until at least September. The groundwater committee also asked the N.C. Department of Environmental Quality (DEQ) to drop five of the manmade chemicals from the proposed regulations.

Why would the committee delay the rules' moving forward?

In short, money and politics.

Adopting the standards is expected to cost companies and the state's public utilities billions of dollars, and there are many questions as to how those upgrades would be funded without economically damaging N.C.-based businesses and hitting municipal water customers in the pocketbook.

Among those worried about those potential financial impacts are the N.C. Chamber and the Wilmington Chamber of Commerce, which called the state chamber's request to better understand the full costs of the proposed rules "reasonable."

Politics also is at play, with the Republican-controlled General Assembly passing legislation last year to take control of the EMC away from Democratic Gov. Roy Cooper, allowing the GOP to appoint members to the body that overall don't reflect the views of the more environmentally minded governor.

SHOULDERING THE COST: With new 'forever chemical' standards set, how will NC utilities clean up their water?

Action is 'long overdue'

But state regulators and environmentalists say the health costs of just allowing the continued dumping of these synthetic chemicals into the environment is just too great, noting that billions would be saved in future health care and water treatment expenses under the proposed rules.

"Action on these dangerous forever chemicals in North Carolina’s drinking water is long overdue,” said Cori Bell, a senior attorney with the Natural Resources Defense Council (NRDC). “We need DEQ to live up to its mission to protect the health and prosperity of North Carolinians and propose strong limits for PFAS; limits that would take effect as soon as possible, and not decades into the future.”

There are thousands of different types of PFAS, and they are used in hundreds of products and manufacturing processes to make everything from nonstick cookware to medical devices to firefighting foam. While researchers are still learning the long-term health impacts of exposure to the manmade chemicals, which are dubbed forever chemicals because they don't break down easily in the environment or the human body, they have already been linked to elevated levels of cancer and other medical ailments.

N.C. DEQ Secretary Elizabeth Biser has become increasingly frustrated with the EMC's foot-dragging when it comes to the proposed new PFAS rules, noting in a May letter to the commission that regulators had presented the proposed standards three separate times − only to see no action taken.

"Absent further and immediate action by the commission, residents and local utilities will continue to shoulder the burden of treatment costs while groundwater cleanup is delayed," she wrote. "I urge you to reconsider and hear the action item in May and let us begin this rulemaking process that will protect the health and financial well-being of North Carolinians."

The commission did not allow the proposed regulations to move forward to the public comment and hearing process in May, nor earlier this month. That means it will be September at the earliest for the commission to consider the proposals, although several officials said they expect to see little progress then with a very heated election looming just two months later.

Reporter Gareth McGrath can be reached at GMcGrath@Gannett.com or @GarethMcGrathSN on X/Twitter. This story was produced with financial support from the Green South Foundation and the Prentice Foundation. The USA TODAY Network maintains full editorial control of the work.

This article originally appeared on Wilmington StarNews: New rules on GenX, other forever chemical water pollution again delayed by NC commission