North Carolina Takes Decisive Action in Regulating PFAS in Wastewater

On September 11, 2024, the Water Quality Committee of North Carolina Department of Environmental Quality’s (NCDEQ) Environmental Management Commission (EMC) approved a motion to establish per- and polyfluoroalkyl substances (PFAS) monitoring for “every industrial and National Pollutant Discharge Elimination System (NPDES) permit,” including indirect discharges from significant industrial users (SIU) to publicly owned treatment works (POTW). On February 14, 2025, the NCDEQ held an online seminar session hosted by the North Carolina Manufacturers Association (NCMA) to present to current association members on upcoming PFAS monitoring and minimization rules aimed at manufacturing and industrial wastewater dischargers. NCDEQ anticipates it will be six to 12 months for the PFAS monitoring and minimization rules to be published and then a further 60 days after publication for the rules to take effect.

NCDEQ’s current minimization concept is a three-phase approach. The first phase is the monitoring of PFAS from all industrial wastewater dischargers – both direct and indirect. Initial PFAS monitoring is anticipated to be on a quarterly basis and to last for one year with continued monitoring implemented on a case-by-case basis pending the results at each facility. The second phase, which is currently unclear whether NCDEQ intends to make contingent upon detections of PFAS at the facility, is minimization plans for facilities to implement best management practices (BMPs) to lower PFAS concentrations in their discharge. The third phase is the implementation of reduction strategies over a two-to-three-year period for facilities that require a more intensive approach to lower PFAS concentrations below the yet to be published PFAS concentration levels. Industry advocates at the February 2025 meeting expressed unease with the lack of regulatory discharge limits published for PFAS at the state or federal level which, in their opinion, could leave discretion for requiring the implementation of costly BMPs solely with NCDEQ. An implementation of a standardized approach would allow facilities to compare the analysis of their own PFAS discharges, or lack thereof, against such an approach. This would lead to more effective analysis from facilities to implement the proper level of additional BMPs or treatment technologies.

NCDEQ plans to utilize the U.S. Environmental Protection Agency (U.S. EPA) Method 1633 (Rev. 3) for PFAS compounds, which includes monitoring for perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), and GenX chemicals. The initial characterization monitoring will be conducted at a facility’s effluent discharge point. Samples are to be conducted quarterly. NCDEQ is considering a requirement to collect composite samples exceeding the typical 24-hour period, and to instead be required over a period between one to five days. Further maintenance monitoring is expected to be completed on a semi-annual basis until such time as either NCDEQ for NPDES permittees or the POTW for SIUs agrees that such monitoring is no longer necessary.

Minimization plans to lower PFAS concentrations must include best management practices, such as product substitution, process changes, pollution prevention, or good housekeeping practices. Minimization plans are to be reviewed and authorized by NCDEQ or the POTW. After a period of at least two years minimization plans will again come under review and authorization by NCDEQ or the POTW, it will also provide a summarized status of implementation, proposed revisions to the minimization plan, and reductions in the amount of PFAS discharged achieved during the implementation of the minimization plan to date.

To assist with these efforts, NCDEQ will provide technical assistance to small POTWs and direct dischargers. NCDEQ will also hold training for NCMA members on BMPs, pollution prevention, discharge treatment, and minimization plans.

How Can ALL4 Help?

ALL4 actively tracks NCDEQ water quality rulemaking and regulatory actions, and are ready to help your facility understand and comply with evolving PFAS requirements. With years of experience designing and implementing sampling and minimization plans for industrial facilities, ALL4 can guide you through the upcoming NCDEQ PFAS Monitoring and Minimization Plan requirements. If you have questions or concerns, please contact Alex Ges at ages@all4inc.com or A.J. Golding at agolding@all4inc.com.