Frustrated residents filled a regulatory meeting Tuesday, calling out a draft PFAS plan they say protects polluters, not people.
Instead of voting, members of the Environmental Management Commission’s Water Quality Committee postponed action, again, citing the need for further fiscal review.
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PFAS, or per- and polyfluoroalkyl substances, are a group of man-made chemicals used in nonstick cookware, firefighting foam and water-resistant products. Often called “forever chemicals,” they don’t break down in the environment and have been linked to cancer, liver damage and developmental issues.
The draft rule would apply to more than 600 industrial sites across North Carolina. It directs facilities to monitor PFAS and submit voluntary plans to reduce discharges, but doesn’t impose limits or penalties.
“As a parent, as a water consumer myself, I’m just really concerned about this lack of regulation, lack of safety, lack of protection on our drinking water resources,” said Sandra Cooke, a Haw River resident who attended the meeting.
Residents filled seats at Tuesday’s Environmental Management Commission Water Quality Committee meeting, with several wearing blue bandanas in solidarity and calling for stronger safeguards. Many were frustrated to learn that the rule had been quietly weakened since the committee’s last meeting in March. A provision that would have triggered required action if PFAS levels exceeded baseline amounts was removed from the draft without public explanation or discussion.
“This is a path that is a wish list for polluters,” said Hannah Nelson, an attorney with the Southern Environmental Law Center. “It allows them to continue dumping toxic chemicals into our drinking water supplies for the coming decades.”
Commissioners said the Office of State Budget and Management flagged concerns about the fiscal analysis tied to the rule, prompting the delay.
“I would hope that the department takes this continuation or delay in action by the committee and makes good use of time before our next meeting and can get the regulatory impact analysis approved,” said Commissioner Michael Ellison, who made the motion to defer.
Ellison blamed staffing shortages at the Department of Environmental Quality for delays, including an economist on maternity leave, and urged the agency to seek help from local universities.
The DEQ submitted a draft fiscal note in April, but state budget officials have not yet approved it.
Water Quality Committee Chair Steve Keen said he plans to monitor developments at the federal level and highlighted new leadership under EPA Administrator Lee Zeldin, appointed by the Trump administration, as a potential turning point for PFAS research and policy.
“We now have an EPA that’s ready to roll with their PFAS commission,” Keen said. “I can’t wait to see what the new science is going to be.”
Some commissioners also raised concerns about transparency in the rulemaking process. Commissioner Marion Deerhake said regulators excluded her public comments from March, when she called for tougher protections, from the latest version of the rule.
“These rules don’t require polluters to control their emissions,” Nelson said. “There are no consequences, even if they increase their pollution. The EMC needs to change course.”
The Environmental Management Commission plans to revisit the proposed rule during its next meeting on July 9.