Several North Carolina environmental organizations are calling on the U.S. Environmental Protection Agency (EPA) to remove the N.C. Department of Environmental Quality’s (DEQ) authority over water permitting. Citing political interference and chronic underfunding, these groups argue that DEQ has been rendered ineffective in safeguarding the state’s water quality. The Southern Environmental Law Center (SELC) filed a petition on behalf of these groups, requesting that the EPA take over the National Pollutant Discharge Elimination System (NPDES) permitting, which DEQ currently oversees. This system regulates pollution discharge from industrial plants and wastewater treatment facilities into local waterways.
A Petition for Federal Intervention
In their 65-page petition, environmental advocates argue that legislative budget cuts, as well as the restructuring of commissions, have undermined DEQ’s ability to enforce key water regulations. These measures, the groups argue, have made DEQ incapable of adequately controlling pollutants like 1,4-dioxane and per- and polyfluoroalkyl substances (PFAS), harmful chemicals often found in industrial discharge.
“North Carolina families depend on DEQ to control harmful pollution released into the State’s rivers, creeks, and streams,” the petition reads. The environmental groups contend that political interference by the state’s Republican-controlled legislature has violated both the Clean Water Act and the memorandum of agreement between the EPA and the state. As a result, they claim hundreds of thousands of North Carolinians are at risk due to unsafe water.
Legislative Actions and Challenges
The environmental groups point to several legislative actions that they say have hampered DEQ’s effectiveness. Among these actions is the state legislature’s increasing control over environmental commissions. In recent years, the Republican-led General Assembly shifted appointments to the Environmental Management Commission, the key body for enforcing water quality standards, diminishing Governor Roy Cooper’s authority over these positions.
Another example includes a 2011 law that transferred final decision-making power on contested environmental permits from DEQ to the state’s Office of Administrative Hearings, now run by former DEQ Secretary Donald van der Vaart. Known for his opposition to regulation, van der Vaart’s appointment, environmental advocates argue, undermines DEQ’s role as the state’s lead environmental enforcement agency. The petition also highlights interference by lawmakers who have dictated the specific conditions of some water permits, further complicating DEQ’s ability to fulfill its duties.
A Growing Concern: PFAS and 1,4-Dioxane
The debate over DEQ’s role has been building for years, particularly around PFAS and 1,4-dioxane contamination. These chemicals, both hazardous to human health, have been found in North Carolina’s waterways, especially in areas like the Cape Fear River. The chemicals are used for their water- and stain-resistant properties but have been linked to severe health effects, including cancer and liver damage. According to the environmental groups, DEQ’s hands have been tied in taking meaningful action to regulate these pollutants.
In recent months, the Environmental Management Commission (EMC), the governing body responsible for water regulations, delayed decisions on new standards for PFAS. Environmental advocates argue that the legislature’s control of the commission has played a significant role in these delays. The Southern Environmental Law Center’s North Carolina director, Mary Maclean Asbill, said, “It’s just been going on for years, and we finally feel that it is our duty to try to get some help for the citizens of North Carolina to keep their drinking water safe and clean.”
DEQ’s Defense
DEQ officials, however, dispute claims that the agency is failing in its duties. Sharon Martin, a spokesperson for the agency, affirmed DEQ’s commitment to enforcing water protections in line with federal and state regulations. “DEQ operates the NPDES program in compliance with the Clean Water Act as delegated to the State by EPA,” she said in a written statement.
Bill Lane, DEQ’s general counsel, emphasized that the state’s water quality programs operate under a system of “cooperative federalism.” This model allows states to enforce federal water standards, but the EPA retains oversight to ensure states remain compliant. Lane noted that the EPA has the authority to intervene if states fail to meet water quality standards, though he maintained that North Carolina’s current efforts align with federal priorities.
Political Tensions
Political dynamics within the state have also shaped the ongoing struggle for water regulation. With a Republican supermajority in the General Assembly, lawmakers can override vetoes from Democratic Governor Roy Cooper. This political dominance has allowed Republicans to reshape key environmental agencies and commissions, reducing regulatory oversight.
Jordan Monaghan, a spokesperson for Governor Cooper, accused Republicans in the General Assembly of prioritizing corporate polluters over public health. “Republicans in the General Assembly are protecting corporate polluters instead of North Carolinians by obstructing clean air and water standards,” Monaghan said. He also criticized the legislature for seizing control of the Environmental Management Commission, enabling companies to discharge harmful PFAS into drinking water sources.
What’s Next?
The EPA now faces the decision of whether to intervene, dismiss the petition, or facilitate a mediation process between the state and environmental advocates. The petition’s proponents are hopeful that the current EPA leadership, under Administrator Michael Regan, will act. Regan, a former secretary of North Carolina’s DEQ, has been a vocal advocate for environmental protection, particularly around PFAS regulations.
Historically, the EPA has received 50 petitions to withdraw a state’s NPDES permitting authority. While most were denied, eight are still pending, including a 1997 petition in Louisiana. The most recent request, filed in South Dakota in May 2021, was denied by the EPA in March 2022.
The outcome of this petition could have significant implications for North Carolina’s environmental future. With concerns about the influence of politics on the state’s ability to regulate water pollutants, the call for federal intervention highlights the tension between local governance and national oversight. Whether the EPA will act remains to be seen, but the ongoing debate underscores the complex dynamics at play in safeguarding water quality.
Ensuring Clean Water
To ensure safe drinking water, technologies like reverse osmosis (RO) filtration systems and whole-home water conditioners have become increasingly vital. Reverse osmosis effectively removes harmful contaminants such as PFAS, lead, and other pollutants from water by forcing it through a semipermeable membrane. In contrast, whole-home water conditioners help prevent scale buildup in plumbing systems and can improve water quality by neutralizing minerals that affect taste and odor. Both methods are essential in protecting households from contaminants, especially as concerns about industrial pollutants like 1,4-dioxane and PFAS grow across North Carolina.
Source: WUNC