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PFAS State Snapshot: North Carolina PFAS Regulation

PFAS State Snapshot: North Carolina PFAS Regulation

Nov 17, 2021
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North Carolina has begun the process of regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water and groundwater.  This client alert reflects the status of PFAS regulations in North Carolina as of November 16, 2021. 

Drinking Water Regulations

Summary:  The North Carolina Department of Health and Human Services (“NC DHHS”) has set a health goal for GenX in drinking water at 140 parts per trillion (“ppt”).  According to NC DHHS, the health screening goal is protective for all individuals, including the most vulnerable populations.  Drinking water well sampling for GenX compounds began in 2012 on a limited basis near the Cape Fear River, and has significantly expanded to include testing in nearby areas.

Health Advisory                

 

NC Department of Environmental Quality (“NCDEQ”) GenX Information

View document

GenX Surface Water Sampling Sites (including an interactive map with numerous sampling results)

Visit GenX website

Groundwater Regulations

Summary:

  • There is an Interim Maximum Allowable Concentration of 2,000 ppt for PFOA.
  • The North Carolina Division of Water Resources (“DWR”) has proposed a rule that, if promulgated, would establish the maximum concentration of PFOA and PFOS (combined) in groundwater at 70 ppt. 

Regulation, 15A NCAC 02L.0202 (expressed in µg/L)

View document

Proposed Standard

Managing Emerging Compounds in Water and Groundwater Triennial Review and Rulemaking

 

 

EPA GenX Chemicals Human Health Toxicity Assessments, dated October 2021:  https://www.epa.gov/chemical-research/human-health-toxicity-assessments-genx-chemicals

For more information on PFAS chemicals, and the regulatory and litigation risks that they pose, please visit our PFAS webpage.  If you have a question about how to manage PFAS risk in North Carolina, or any other jurisdiction, please contact Tom Lee, John Kindschuh, Elyse Voyen, or any other member of our PFAS team at Bryan Cave Leighton Paisner LLP.

Related Capabilities

  • PFAS

  • Environment

This material is not comprehensive, is for informational purposes only, and is not legal advice. Your use or receipt of this material does not create an attorney-client relationship between us. If you require legal advice, you should consult an attorney regarding your particular circumstances. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This material may be “Attorney Advertising” under the ethics and professional rules of certain jurisdictions. For advertising purposes, St. Louis, Missouri, is designated BCLP’s principal office and Kathrine Dixon (kathrine.dixon@bclplaw.com) as the responsible attorney.