In a recent decision, the Wake County Superior Court has upheld the North Carolina Department of Environmental Quality’s authority to set wastewater permit limits for 1,4-dioxane, a chemical that has been classified as a likely human carcinogen.
The Feb. 5 ruling reversed a 2024 decision from the Office of Administrative Hearings that had struck 1,4-dioxane limits from the wastewater discharge permit for the City of Asheboro. DEQ had identified elevated levels of 1,4-dioxane in discharges from Asheboro’s wastewater treatment plant. 1,4-Dioxane is an industrial solvent used for a variety of commercial and industrial purposes.
In upholding DEQ’s permit limitation, the Superior Court found that DEQ followed proper state and U.S. Environmental Protection Agency protocols in creating the 1,4-dioxane limits and “created the criteria for the purpose of protecting the health and wellbeing of North Carolinians.”
“Because 1,4-dioxane is a pollutant likely to cause cancer in humans, permit limits are necessary to protect North Carolinians’ drinking water and their health,” said DEQ Secretary Reid Wilson. “The court order vindicates DEQ’s decision to impose limits to protect downstream communities from this harmful carcinogen.”
“This case is about preventing toxic pollutants from contaminating the rivers that North Carolinians rely on for clean drinking water,” said Attorney General Jeff Jackson. “The Superior Court was right to uphold DEQ’s ability to limit chemicals in our water, and my office will continue working with DEQ to make sure people have clean drinking water.”
DEQ has monitored for 1,4-dioxane in the discharge of municipal wastewater treatment plants and in surface waters across 15 river basins, including the Cape Fear, to identify 1,4-dioxane sources.
Data from 2024 and 2025 for 1,4-dioxane detections in the wastewater discharge from certain plants in the Cape Fear River Basin can be viewed online: Cape Fear River Basin 1,4-Dioxane Wastewater Discharge Data.