In accordance with G.S. 150B-21.2, notice is hereby given that the Environmental Management Commission (EMC) is proposing to adopt PFOS, PFOA and GenX Monitoring and Minimization Rules 15A NCAC 02B .0512 and 15A NCAC 02H .0923.
Text of Proposed Rules
Regulatory Impact Analysis
Public Hearings: The public is invited to attend the public hearings to provide oral and/or written comments on the proposed rule adoptions, the associated Regulatory Impact Analysis, and on the two topics listed below.
Date: April 7, 2026
Time: 6:00 p.m.
Location: AB-Tech Community College, Ferguson Auditorium, 19 Tech Drive, Asheville, NC 28801
Date: April 20, 2026
Time: 6:00 p.m.
Location: Archdale Building, Ground Floor Hearing Room, 512 N. Salisbury Street, Raleigh, NC 27604
Date: April 23, 2026
Time: 6:00 p.m.
Location: Wilmington City Hall at Skyline Center, 1st Floor Conference Center, 929 North Front Street, Wilmington, 28401
At each hearing, speaker registration and sign-in will begin at 5:00 p.m.
Each hearing will conclude by 9:00 p.m., however the Hearing Officer may conclude the hearing earlier if all registered speakers have been heard. The Hearing Officer may limit the length of time (e.g., three minutes) for each speaker to allow everyone an opportunity to be heard. Written comments and copies of prepared remarks will be accepted at each hearing.
Reason for proposed adoption: These rules are proposed for adoption in order to achieve two key objectives. First, to characterize the presence of PFOS, PFOA, and Gen X in discharges from PFOS, PFOA, and Gen X industrial NPDES dischargers and their associated indirect dischargers (i.e., SIUs going to POTWs with pretreatment programs). Second, to require affected entities (subset of industrial direct dischargers and SIUs) to develop minimization plans that identifies approaches to reduce PFOS, PFOA, and Gen X discharges directly or indirectly to surface waters.
Comments: Public comments will be accepted on these proposed rule adoptions and the Regulatory Impact Analysis associated with these rule adoptions. The EMC is also soliciting public comments on:
- Whether it would be scientifically defensible and advisable to establish a screening threshold above the lowest reporting concentration for PFOS, PFOA, and Gen X that could serve as a trigger for ongoing monitoring and minimization requirements; and
- Whether the applicability of the PFAS monitoring and minimization rule should be limited to industrial dischargers associated with SIC or NAICS codes known to be linked to PFAS use or discharge.
Written comments may be submitted to: publiccomments@deq.nc.gov or by mail to Karen Preston, DEQ-DWR NPDES Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Comment Period: Public comments on the proposed rule adoptions, the associated Regulatory Impact Analysis, and on the two topics listed above will be accepted between March 16 and June 15, 2026.
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.