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North Carolina’s top environmental regulator may soon mandate manufacturers of “forever chemicals” to finance water system cleanup upgrades whenever they are found responsible for contaminating drinking water. The bill, House Bill 864, was advanced by a state House committee on Tuesday.
Legislative Backing and Regional Concerns
The measure, championed by Republican lawmakers, addresses upstream discharges into the Cape Fear River of per- and polyfluoroalkyl substances (PFAS). These discharges have compelled public utilities serving hundreds of thousands of people to spend substantial amounts to filter them out. Accumulating scientific evidence indicates that these persistent chemicals can harm human health.
Financial Burdens on Utilities
The Brunswick County Public Utilities previously undertook a $170 million construction project to address contamination, raising average customer rates from $25 to $35 per month. Similarly, the Cape Fear Public Utility Authority reported nearly $75 million in PFAS-related expenses to date.
“Our community of hardworking North Carolina families has spent and continues to spend millions to treat pollution we did not cause but cannot ignore,” said Beth Eckert of the Cape Fear Public Utility Authority.
Accountability for Manufacturers
Rep. Ted Davis of New Hanover County emphasized it is fair for companies that produced and released such chemicals into the environment to bear the cleanup costs. The measure was approved with bipartisan support.
PFAS Regulation
The bill authorizes the state Department of Environmental Quality (DEQ) secretary to order a “responsible party” for PFAS contamination exceeding set maximum levels in drinking water to pay public water systems the “actual and necessary costs” to remove or correct the contamination. Only PFAS manufacturers can be designated as “responsible parties.” Furthermore, the bill stipulates that public water systems receiving reimbursements must reduce customer water rates if they were previously raised to cover abatement efforts.
Historical and Current Actions on PFAS
PFAS chemicals have been used in various applications, from non-stick frying pans to firefighting foam and water-repellent clothing. The chemical compound GenX, produced at the Bladen plant, is linked to nonstick coatings.
Davis had previously pushed for a similar bill in 2022, which also included directives for state regulators to set maximum acceptable levels of “forever chemicals.” The current measure omits this, instead setting standards based on new U.S. Environmental Protection Agency “maximum contaminant levels” for six PFAS types in drinking water, including GenX.
Legislative Process and Support
The bill must pass both the full House and Senate, potentially concluding in the early summer session. Elizabeth Biser, Gov. Roy Cooper’s DEQ secretary, endorsed Davis’ 2022 bill. DEQ spokesperson Sharon Martin reiterated the department’s support for measures ensuring that cleanup and treatment costs are borne by PFAS manufacturers who release these persistent chemicals.