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NCDEQ and partner states petition EPA to classify key PFAS as hazardous air pollutants

  • NCDEQ and partner states petition EPA to classify key PFAS as hazardous air pollutants

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The North Carolina Department of Environmental Quality (NCDEQ), alongside environmental agencies from New Mexico and New Jersey, has petitioned the U.S. Environmental Protection Agency (EPA) to classify several PFAS compounds as toxic air pollutants.

PFAS, commonly called "forever chemicals," are persistent in the environment and can contaminate soil, groundwater, surface water, and public and private drinking water supplies.

NCDEQ, together with the New Mexico Environment Department and the New Jersey Department of Environmental Protection, is specifically requesting that the EPA add four PFAS chemicals—PFOA (perfluorooctanoic acid), PFOS (perfluorooctane sulfonic acid), PFNA (perfluorononanoic acid), and GenX (HFPO dimer acid)—to the list of Hazardous Air Pollutants under the Clean Air Act.

According to the petition, this move would help safeguard public health and the environment by addressing airborne emissions of these toxic compounds.

“The EPA has been proactive in addressing PFAS and supporting efforts to address PFAS contamination in our states,” North Carolina DEQ Secretary Elizabeth S. Biser shared in a press release. “Adding these forever chemicals to the list of regulated pollutants addresses a gap in our regulatory authority and makes it possible to tackle a critical part of the PFAS life cycle: air emissions.”

The NCDEQ suspended Chemours Fayetteville Works' wastewater discharge after discovering GenX and other PFAS compounds in the Cape Fear River in 2017

North Carolina has a history of tackling PFAS pollution, as highlighted in the petition. The NCDEQ suspended Chemours Fayetteville Works' wastewater discharge after discovering GenX and other PFAS compounds in the Cape Fear River in 2017. This led to a state lawsuit and a 2019 consent order requiring Chemours to reduce PFAS emissions across different environmental media.

NCDEQ also confirmed that the facility's air emissions were linked to widespread PFAS contamination in the groundwater, affecting thousands of private drinking wells. These actions have been crucial in mitigating the health and environmental risks posed by PFAS.

Additionally, the Southern Environmental Law Center (SELC) has filed a petition with the Environmental Protection Agency, requesting that it take over North Carolina’s water permitting authority—a step that would be unprecedented in the state. The SELC claims that political interference has hindered the North Carolina Department of Environmental Quality (NCDEQ) from effectively enforcing the Clean Water Act, particularly regarding PFAS pollution.

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