Per- and polyfluoroalkyl substances (PFAS) and 1,4-dioxane are considered by NC DEQ as emerging compounds that are increasingly being detected in soil, groundwater and surface water in the state. As part of the emerging compounds program, the North Carolina DEQ published a 2022 PFAS Action Strategy which outlines the agency’s plan to understand and target reduction of PFAS contamination within the state. As an element of this plan, the Environmental Management Commission (EMC), which oversees the NC DEQ, proposed separate regulations aimed at addressing emerging contaminants in wastewater discharges: one focusing on PFAS compounds (including PFOS, PFOA, and GenX), and the other on 1,4-dioxane.
Rather than establishing specific numeric discharge limits, the proposed rules require monitoring, reporting, and development of minimization plans where a facility identifies the chemicals in their effluent stream at levels greater than the facility’s influent water supply. The proposals have generated significant public discussion. Supporters view the proposed rules as a practical first step toward reducing contamination, while critics argue they do not impose enforceable pollution limits. Public meetings were held for both proposed regulations with public comment open through June 15, 2026. The North Carolina Division of Water Resources (NC DWR) is now evaluating more than 4,000 comments received. The EMC is expected to move forward with finalizing the proposed rules. EMC’s approval is expected to require unanimous support since the project will likely be subject to the REINS Act due to expected cost. Although the timeline for the rulemaking is not established, we encourage facilities to start preparing to ensure a smooth transition into compliance with the rules when finalized.
Proposed Rule Packages
The proposed PFAS rules (15A NCAC 02B .0512 and 02H .0923) and the companion 1,4-dioxane rules (15A NCAC 02B .0513 and 02H .0924) are intended to accomplish two primary goals:
- Characterize the presence of each compound in wastewater discharges. Facilities will have the option of sampling influent water supplies to identify influent baseline of the chemicals passively received in the water supply to determine the facility’s contribution.
- Require facilities that identify PFAS and/or 1,4-dioxane compounds in their wastewater to develop and implement minimization plans to reduce those discharges over time.
The PFAS rules would apply to all industrial facilities that discharge process wastewater directly to surface waters under National Pollutant Discharge Elimination System (NPDES) permits, as well as significant industrial users (SIU) that send wastewater to publicly owned treatment works (POTWs). The 1,4-dioxane rules apply to discharges classified under specified SIC/NAICS codes. It is expected that NC DWR will eventually use the information obtained to begin development of requirements for future NPDES and SIU permits.
A key feature of the proposal is the requirement for regular monitoring. Facilities would be required to sample wastewater on a quarterly basis and submit the results to regulators. Facilities may, and Trinity strongly encourages, monitor influent water supplies to identify potential passive receipt of the chemicals as a baseline. If contamination is detected above that baseline, facilities must prepare a minimization plan identifying sources of PFAS and/or 1,4-dioxane and actions that could reduce releases. These plans would be subject to review by the NC DWR for NPDES permittees and review by the POTW for SIU permittees, with periodic progress reporting and reassessment.
How the Rules Would Work
Under both rule packages, the emphasis is on a structured process rather than immediate numeric limits. The proposed framework for the rules includes the following elements:
- Quarterly monitoring and laboratory testing.
- Submission of monitoring data to NC DEQ/POTW.
- Development of minimization plans when pollutants are detected.
- Agency review of minimization plans.
- Periodic reporting on implementation progress.
- Continued monitoring to track whether reductions are occurring.
Facilities would have deadlines for preparing plans, implementing corrective actions, and providing ongoing reports. Regulators would retain authority to review progress and require additional actions if plans are inadequate.
Why North Carolina Is Pursuing This Approach
Proponents of the rule argue that PFAS and 1,4-dioxane contamination often originates from complex industrial processes and multiple sources, so monitoring and source identification are necessary before effective discharge limits can be established. Proponents also recognize that many facilities may be passive receivers of PFAS and have included provisions to account for PFAS that may be present in influent water supply. Many industrial facilities discharge indirectly through municipal wastewater treatment plants. Because conventional wastewater treatment systems generally are not designed to remove PFAS or 1,4-dioxane, identifying and reducing contamination at the industrial source may be more effective than relying solely on downstream treatment. State regulators have described the proposed rules as a way to gather better data, identify pollution sources, and begin reducing contaminant loading while additional regulatory approaches are evaluated. Gathered data is expected to be used to support future regulatory actions, permit requirements, or water-quality standards.
In a separate action from NC DEQ’s efforts, the NC Legislature adopted provisions under the Water Safety Act (WSA) of the recently passed Budget (Senate Bill 257, Section 8.27) to initiate a state-wide PFAS sampling plan. The sampling effort will be carried out in two phases. Phase 1 will begin as early as Q4 2026, concluding in December 2027 and will include taking quarterly samples from ALL industrial facilities holding NPDES Process and/or waste discharge permits. Phase 2 will conclude in December 2028 and involves sample collection by DEQ and analysis by the NC Collaboratory for all SIUs discharging to a POTW. Whereas sampling in NC DEQ’s proposed rules will use EPA Method 1633 to identify a finite number of PFAS compounds, sampling conducted under the WSA will focus upon a wider collection of compounds using targeted PFAS, total oxidizable precursor (TOP) and adsorbable organic fluorine (AOF) analyses. Data will be compiled and presented to the legislature to better understand the presence of PFAS and their precursors, and support evaluation of measures to bring about reductions in the state’s surface waters. In addition, the WSA sets forth a mandate for an in-depth study of PFAS in biosolids generated POTWs, focusing on land application impacts, identification of sources of PFAS from influent wastewater, and potential treatment technologies or alternative management practices.
Understanding the Next Steps
Although the NC DEQ final rule has not yet been published, DEQ continues to move forward with rulemaking; therefore, we encourage facilities to understand their next steps. If you know your facility uses PFAS or 1,4-dioxane or are unsure of the presence of these chemicals in your discharges, you can start preparing now for both the NC DEQ rules and WSA sampling to be ready for the required monitoring. Next steps include determining appropriate sampling locations for your facility, understanding strategies for conducting inlet sampling in parallel with effluent sampling, and completing preliminary analysis to understand where these chemicals are likely to be present in your facility operations and respective discharge streams.
Facilities with biosolids or residuals management permits should prepare for inquires and sampling from the NC Collaboratory. Consistent with dischargers, facilities should begin to understand if PFAS may be present in the biosolids or residuals managed.
How We Can Help
Our team has been monitoring the development of these rules and the WSA. Our experienced team assists facilities across North Carolina with industrial wastewater projects and has supported the development of PFAS minimization plans for industrial facilities pulled into the program early due to early POTW sampling initiatives. Whether you need help connecting with a lab company, developing a preliminary sampling strategy, or getting ahead of the PFAS minimization plan, we can support your compliance efforts.
Stay tuned, we will continue to post updates as the next steps in the rule development process are rolled out.
If you have questions or need assistance, please contact our Raleigh or Charlotte offices: North Carolina – Trinity Consultants.
