NORTH CAROLINA — The battle over “forever chemicals” continues with federal regulators seeking to reverse course on four chemical compounds with established regulations, while a chemical company pursues a permit to increase production of PFAS compounds at a North Carolina plant.
READ MORE: Experts decry EPA’s plan to weaken PFAS regulations amidst ongoing concerns
ALSO: Local governments push state agencies for 1,4-dioxane regulation
After issuing a notice in May, the Environmental Protection Agency is rescinding regulations previously established for GenX, PFHxS, PFNA, and PFBS. The EPA issued a notice last week stating its intent — the first step in the rulemaking process, to be followed by a public review period and then formalizing the new rule.
The EPA plans on proposing the formal rule this fall, with the goal to finalize it by spring of 2026.
The move comes as Chemours, the chemical company accused of polluting the region’s drinking water, issued a revised permit application in August to increase production of PFAS compounds at their Fayetteville Works Plant.
The EPA wants to rescind the PFAS regulations because it believes the original rules were not scientifically and legally sound, making them vulnerable to being overturned by the courts.
In a statement to Port City Daily, the EPA Press Office said, while the agency cannot “pre-determine the outcome” of the rulemaking process for the PFAS compounds, “it is possible the result could be more stringent protections.”
EPA Administrator Lee Zeldin said in May the EPA’s decision was a strategic move to create new, legally-defensible regulations to ensure any resulting drinking water rules follow the legal process laid out in the Safe Drinking Water Act. This process requires a 30- to 90-day public comment period, scientific review, and meeting specific criteria for health and risk reduction.
The PFAS regulations for GenX, PFHxS, and PFNA were established in 2024 during the Biden administration, setting maximum containment levels (MCLs) measured in parts per trillion (ppt) under the Safe Drinking Water Act. A part per trillion is a small measurement, equivalent to a single drop of water in 20 Olympic-sized swimming pools.
In 2024, the EPA set legally enforceable MCLs for PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonic acid) at 4 parts per trillion (ppt) each, and PFNA (perfluorononanoic acid), PFHxS (perfluorohexane sulfonic acid), and GenX (HFPO-DA) at 10 ppt each.
When the Biden administration put forth the regulations, it also included a Hazard Index of 1.0 for mixtures of two or more of PFNA, PFHxS, GenX, and PFBS. The Hazard Index is a tool used by health and environmental agencies to understand the combined risk of multiple chemicals in a mixture. If the Hazard Index is less than 1.0, it means the combined levels of the chemicals are likely safe. If the Hazard Index is greater than 1.0, it suggests there might be a health concern.
According to the Centers for Disease Control, exposure to PFAS compounds have been linked to a variety of health problems, including an increased risk of certain cancers, thyroid disease, high cholesterol, and adverse reproductive and developmental effects.
Emily Donovan, co-founder of Clean Cape Fear, told Port City Daily the EPA’s withdrawal intent is not surprising but still concerning.
“This is just kind of a now very firm and clear direction that this EPA under Trump no longer wants to defend the drinking water standards that were established under the Biden EPA,” Donovan stated.
Additionally, Donovan worried abandoning the regulations could complicate arguments on a legal level for entities suing Chemours and other PFAS dischargers. Multiple parties, including local municipalities such as Brunswick and New Hanover counties, and the Cape Fear Public Utility Authority, filed lawsuits in late 2017 against Chemours and its former parent company, DuPont.
Specifically, the lawsuits aim to recover the millions of dollars municipalities and water authorities have spent on new and upgraded filtration systems to remove PFAS from the drinking water supply. CFPUA installed a $43-million granular activated carbon system in 2022 to filter out “forever chemicals” like GenX from the Cape Fear River. Since installation, the system has been effective, reducing PFAS in raw water consistently under detectable levels.
Just last week CFPUA was recognized for its system by NCDEQ, receiving the Area Wide Optimization Award for the tenth year in a row.
The lawsuit CFPUA is part of against Chemours seeks future costs and punitive damages, with estimates potentially exceeding $174 million.
“Our water utilities have been stuck in a near eight-year court battle and Chemours has been fighting it every step of the way,” Donovan said. “They forced us ratepayers to have to pay for clean water.”
With federal regulations in place for the compounds, Donovan said it strengthens their case because it provides a clear, legally enforceable standard the polluters can be held accountable for violating. If the federal regulations are absent, their argument is weaker because they can no longer prove polluters violated a federal law, a key part of recovering sought damages.
Representatives with CFPUA could not comment on the pending litigation, but explained to Port City Daily any changes to these federal regulations will not impact their current operations. CFPUA sent a letter to EPA Administrator Zeldin in April urging the agency to defend and continue using the National Public Drinking Water Act regulations for PFAS.
While intending to withdraw regulations, the EPA does have plans for further action to “combat” PFAS. According to a press release from Zeldin in late April, the agency plans on “strengthening the science” on PFAS over the next year by advancing research and testing, as well as supporting investigations into violations to hold polluters accountable. The agency also launched an initiative in April called “PFAS OUT” to provide financial and technical assistance to public water systems in need of upgrades to address PFAS contamination.
In support of the EPA’s decision, Chemours communications leader Jess Loizeaux called the science behind the 2024 regulations “flawed,” stating the agency under the previous administration used “selective science.” Loizeaux cited a previous determination completed by EPA peer reviewer David Warren on the 2024 regulations, which indicated they were “excessive” and “extreme.” She noted Chemours “wholly supports” scientifically justified PFAS MCLs for drinking water.
Donovan said the science is already there.
“If you’re not trying to weaken the standards, why are you withdrawing them?” Donovan asked. “They are solid. They’re backed by science and the science hasn’t changed. If anything, the science has gotten better and clearer at just how dangerous these chemicals are.”
Katherine O’Brien, senior attorney with nonprofit environmental law firm Earthjustice, is representing Clean Cape Fear against the EPA. Earthjustice is intervening in the case to defend the EPA’s 2024 PFAS regulations, currently challenged by chemical companies like Chemours and trade groups like the American Chemistry Council.
In regards to the EPA intending to rescind regulations, O’Brien said the federal agency is effectively “turning back the clock.” She explained the Safe Drinking Water Act has what’s called an “anti-backsliding” provision, which would not allow the EPA to withdraw regulations. It states the agency cannot revoke or install regulations that would roll back protections or not maintain or provide for the greater protection of the health of the general public.
The EPA Press Office said the agency is committed to ensuring any rulemaking follows the Safe Drinking Water Act, including the anti-backsliding provision, reiterating rulemaking could result in stronger protections.
Another worry of Donovan and Clean Cape Fear is Chemours submitting a revised permit application in August for increased production of fluoropolymers, specifically PFA (perfluoroalkoxy alkanes), at its Fayetteville Works plant. PFA is a compound manufactured using GenX chemicals. Chemours previously submitted the application in 2022, but NCDEQ returned it in January of 2024 for being incomplete.
PFA is a type of “forever chemical” used in the manufacturing of semiconductor chips and other electronics. The company has stated the expansion is to support the production of specialized ionomer membranes used for hydrogen production. Chemours’ revised application is currently under review by the North Carolina Department of Environmental Quality.
According to Loizeaux, the updated application would not increase fluorinated emissions at the Fayetteville Works Plant and overall emissions could see a 15% decrease due to emission control technologies. However, the expansions would increase the Fayetteville plant’s vinyl ethers south production line capacity by 33% and vinyl ethers north production line by 50%. Vinyl ethers are a class of compounds used as a chemical building block for fluoropolymers (PFAS), used in products like Teflon.
While many PFAS concerns are related to the water, vinyl ether emissions are instead put into the air. The emissions can eventually fall onto the ground and make way into the water supply after rainfall.
In response to Chemours’ revised permit application, Donovan and Clean Cape Fear started a petition pressuring the state to hold the chemical company accountable for its actions.
“I think people need to be concerned, and I think they need to push back and dig deep and recognize that this fight is not over,” Donovan stated. “These chemical companies thrive on the fact that they think communities will burn out and get tired, and we deserve better, and we’re stronger than that.”
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