Two Sets of Rules Sent to Public for Comments; Schedule Not Yet Published
The NC Environmental Management Commission (EMC) has acted to send rules requiring monitoring of some PFAS discharges to surface waters of the state.
Two sets of rules were advanced to public hearing and comment, one to govern permitted direct industrial discharges into surface waters, and the other to govern municipal sewage treatment systems which contain waste from PFAS-generating industries. The EMC acted on the recommendations during its January 8 meeting.
Will These Rules Bring Substantial Reductions in PFAS?
In an unusual twist, a leading environmental advocate on the EMC opposed sending the proposed rules to public comment, because they did not include any target standards for hazardous discharge levels. “I think that one of the concerns is this could be an ongoing perpetual monitoring machine that doesn’t result in significant reductions,” said environmental attorney Robin Smith, adding that a rule should not be sent out for public comment that “has basic drafting problems and gaps in essential decisions.”
Smith further noted, “I cannot vote for this motion to send to public notice and comment the rule as it currently stands because I think there are too many issues that need to be resolved.” After debate, the EMC voted 7-6 to reject Smith’s proposed amendment to the proposed rules, and 10-3 to send the rules as presented to public review.
Most Effective Way to Protect People From PFAS
NC Dept. of Environmental Quality (DEQ) deputy communications director Josh Kastrinsky added similar concerns, telling Spectrum News, “The most effective way to protect people from the health impacts of forever chemicals, which are tied to numerous long-term health concerns, is to reduce pollution at the source. The Environmental Management Commission’s proposed monitoring and minimization rules for three PFAS chemicals target pollution sources, but the rules lack numeric limits that would require specific reductions that DEQ believes are the best means for reducing forever chemicals discharged into our environment.”
A schedule for public hearings and comment has not yet been published. We will let you know as soon as they are posted.
