Policy & Governance Tracker

Monitoring the legislative landscape for "forever chemicals" from the NC General Assembly to federal regulatory actions.

Data current as of 2026-09-25 · 9 items tracked

Events Timeline — September 2026

Dated policy and enforcement events, verified against primary sources. Measurements are never changed by news — each card is labeled by what it is: guidance, settlement, allegation, or correction. Detections measure occurrence; they do not establish production origin.

Claim correctioncorrected

EPA corrects PFOA/PFOS phase-out claim after information-quality complaint

Event date: 2026-09-18 · Reported: 2026-09-24 · Federal — U.S. Environmental Protection Agency

After an Information Quality Act correction request, EPA removed the categorical website statement that PFOA manufacture and import had been phased out in the United States and replaced it with language acknowledging that quantities of PFOA may still be produced, imported, and used by companies. This is a correction to agency wording, not a finding about any specific facility. Detection data measures occurrence; it does not establish production origin.

EPA Information Quality Act response letter, dated September 18, 2026

Guidance rescissioneffective

EPA Office of Water rescinds 2022 PFAS NPDES permitting guidance

Event date: 2026-08-11 · Reported: 2026-09-22 · Federal — EPA Office of Water

EPA rescinded its 2022 memorandum on addressing PFAS discharges through NPDES permits, pretreatment programs, and monitoring — the guidance that pushed states and wastewater utilities to use existing Clean Water Act authorities to monitor and control industrial PFAS before it reaches waterways and drinking-water supplies. This is a withdrawal of permitting and source-control guidance, not a repeal of the 4 ppt PFOA/PFOS drinking-water standards. Measured drinking-water occurrence values are unchanged; the change shifts the source-control burden toward state action.

Office of Water memorandum dated August 11, 2026; publicly reported September 22, 2026

Settlementannounced$590 million

North Carolina announces $590 million PFAS settlement with DuPont and Chemours

Event date: 2026-09-10 · North Carolina — DEQ and Attorney General

North Carolina announced a $590 million settlement over PFAS contamination tied to the Chemours Fayetteville Works plant — the largest environmental-damages recovery in state history. The structure: $455 million in guaranteed direct payments over 10–15 years ($380 million to 11 local governments, $75 million to the state) plus a $135 million reserve from DuPont and Corteva to support Chemours' existing 2019 consent-order obligations. Dollar amounts are a financial agreement, not a contamination measurement or a cleanup-completion metric; payment schedules and deliverables should be tracked separately.

NC DEQ / Attorney General press release, September 10, 2026

Enforcement noticealleged

SELC, for Cape Fear River Watch, alleges ongoing Chemours consent-order violations

Event date: 2026-09-23 · North Carolina

SELC notified Chemours of alleged violations of the 2019 Consent Order and 2020 Addendum, including air emissions, groundwater contamination, and continuing PFAS loading to nearby waters — alleging failure to achieve a required 75% reduction in PFAS reaching Willis Creek, Georgia Branch, Old Outfall 002, and the Cape Fear River. The notice argues the 17-compound compliance approach omits ultra-short-chain PFAS detected in finished downstream drinking water. These are allegations, not adjudicated findings; the groups say they may return to court if the alleged violations are not addressed.

Notice issued by SELC on behalf of Cape Fear River Watch, September 23, 2026. Allegations have not been adjudicated.

NC Legislative Activity

Region: North Carolina
HB 881In House Rules
Impact: High

PFAS Free NC

'PFAS Free NC' — would ban knowingly manufacturing, using, or distributing PFAS or PFAS-containing products in North Carolina (except federally required uses), with DEQ civil penalties of $5,000–$25,000 per violation. Also directs NPDES discharge disclosures for PFAS and 1,4-dioxane and technology-based permit limits. The most sweeping PFAS bill filed in the 2025 session; stalled in Rules.

Last action · 2025-04-09: Filed; referred to House Rules, Calendar, and Operations — no floor action

View Official Bill Text
HB 569In House Appropriations
Impact: Critical

PFAS Pollution and Polluter Liability

'PFAS Pollution and Polluter Liability' — authorizes the DEQ Secretary to order PFAS manufacturers to pay drinking-water cleanup costs for post-January-2017 discharges and to sue noncompliant firms in superior court. Utilities reimbursed by polluters must refund ratepayers. Bipartisan sponsorship; the legislature's main 'polluter pays' vehicle.

Last action · 2025-03-27: Passed House Agriculture & Environment committee; referred to House Appropriations

View Official Bill Text
HB 570In House Rules
Impact: Medium

Responsible Firefighting Foam Management Act

'Responsible Firefighting Foam Management Act' — prohibits discharge of PFAS-containing Class B firefighting foam for training, practice, or testing (except legally required testing with containment). Builds on the 2019/2021 AFFF inventory and disposal program run with the NC Collaboratory.

Last action · 2025-04-01: Filed; referred to House Rules — no floor action

View Official Bill Text
SB 1043In Senate Rules
Impact: High

2026 Water Safety Act

'2026 Water Safety Act' — would create an Emerging Contaminant Mitigation Fund (PFAS + 1,4-dioxane): $56M recurring for local water/wastewater grants, $14M for NC Collaboratory research, plus firefighter-protection funding. The standalone bill stalled, but the 2026 state budget enacted a version of the fund.

Last action · 2026-04-30: Filed; referred to Senate Rules — no floor action (fund concept enacted separately via 2026 budget)

View Official Bill Text
HB 1165In House Rules
Impact: Low

Hygiene Products Protections / Sales Tax

Exempts menstruation products certified PFAS-free by the Department of Commerce from state sales tax and creates a PFAS product-certification program. A novel product-focused PFAS bill from the 2026 short session; stalled in Rules.

Last action · 2026-05-04: Filed; referred to House Rules — no floor action

View Official Bill Text
2026 State Budget — PFAS packageEnacted
Impact: Critical

2026 State Budget — PFAS package

$45M to DEQ for the new Emerging Contaminant Fund (grants to local water systems), $15M to the NC Collaboratory for PFAS remediation at fire stations, $10.2M to the Bernard Allen Emergency Drinking Water Fund for private-well owners, $7M for Collaboratory PFAS research, $3M for DEQ PFAS staffing. A controversial rider makes new Collaboratory studies confidential and exempts its staff from public-records requests — flagged by Clean Cape Fear and SELC.

Last action · 2026-07-07: Enacted — signed by Governor Josh Stein

View Official Bill Text
15A NCAC 02B .0512 / 02H .0923Proposed — pending EMC adoption
Impact: High

EMC PFAS Monitoring & Minimization Rules

EMC PFAS monitoring & minimization rules: industrial dischargers and municipal treatment plants must do baseline PFAS sampling for PFOA, PFOS, and GenX within 60 days, test quarterly for a year, then develop minimization plans. Criticized by SELC as industry-weakened — no numeric discharge limits, after DEQ's stronger 2022 standards proposal was tabled.

Last action · 2026-04-23: EMC voted 10–3 to send to public comment (Jan 2026); hearings Apr 2026; pending adoption

View Official Bill Text
15A NCAC 02B .0513 / 02H .0924Proposed — pending EMC adoption
Impact: Medium

EMC 1,4-Dioxane Monitoring & Minimization Rules

Companion EMC rule covering 1,4-dioxane — the Cape Fear's other signature contaminant — with the same monitor-then-minimize structure. Same status and same criticisms as the PFAS package.

Last action · 2026-04-23: Proposed alongside PFAS rules; pending adoption

View Official Bill Text
15A NCAC 18C .1540In effect
Impact: High

NC Drinking-Water PFAS Rule (federal NPDWR incorporated)

North Carolina incorporated EPA's 2024 federal PFAS drinking-water rule by reference, so community and non-transient non-community water systems must complete initial PFOA/PFOS/GenX/PFHxS/PFNA sampling by April 2027. This is the rule driving utility compliance timelines statewide.

Last action · 2026-09-25: In effect — initial monitoring results due to the state April 26, 2027

View Official Bill Text

National Trends

Federal PFAS regulation is in a holding pattern with sharp edges: the 2024 drinking-water standards stand but face rescission proposals for four compounds and a possible PFOA/PFOS extension to 2031; the CERCLA designation survived court challenge; TSCA reporting still hasn't opened; and the EU's near-total ban is one opinion away from a Commission decision.

Drinking Water
CERCLA / Liability
TSCA Reporting
Toxics Release Inventory
Consumer Products
EU / Global

Federal & Global

EPA NPDWR amendments — PFOA/PFOS kept, others proposed for rescission

US EPA · 2026-05-20 · Proposed — comment closed Jul 20, 2026; awaiting final rules

Two proposals scaling back the 2024 drinking-water rule: rescinding MCLs for PFHxS, PFNA, HFPO-DA (GenX), and the Hazard Index mixture on procedural grounds, and letting qualifying systems extend PFOA/PFOS compliance from April 2029 to April 2031. The 4 ppt PFOA/PFOS limits stand; standards remain in force during litigation.

AWWA et al. v. EPA — NPDWR litigation

D.C. Circuit · 2026-01-21 · Ongoing — merits briefing proceeded through early 2026

Water-utility groups (AWWA/AMWA) and industry (NAM/ACC) challenge the 2024 drinking-water rule on Safe Drinking Water Act procedure and cost-benefit grounds. The court's refusal to summarily vacate keeps all six-compound standards fully in force while the case proceeds.

TSCA §8(a)(7) PFAS reporting rule — delayed again

US EPA (TSCA) · 2026-04-09 · Delayed — reporting window now opens Jan 31, 2027 at earliest

The one-time TSCA §8(a)(7) reporting rule (all PFAS manufactured/imported 2011–2022) still has not opened — third delay, citing thousands of public comments and reporting-software development. A 2025 proposal would add exemptions (0.1% de minimis, imported articles, byproducts), potentially narrowing scope significantly.

CERCLA hazardous-substance designation for PFOA/PFOS — upheld

D.C. Circuit · 2026-08-18 · Decided — designation stands (possible Supreme Court appeal)

In Chamber of Commerce v. EPA, the court rejected industry challenges to the 2024 CERCLA hazardous-substance designation for PFOA and PFOS, affirming EPA's 'substantial danger' finding. Preserves EPA cleanup-order authority and unlocks federal/state/private cost-recovery litigation; detection alone does not trigger liability.

PFHxS-Na added to Toxics Release Inventory

US EPA (EPCRA TRI) · 2026-02-01 · Final — tracking began Jan 1, 2026; first reports due Jul 1, 2027

Sodium perfluorohexanesulfonate becomes the 206th PFAS on the Toxics Release Inventory; covered facilities must track releases at the 100-lb threshold as a chemical of special concern. Continues Congress's 2020 NDAA mandate of automatic annual PFAS additions.

EU universal PFAS restriction — nearing the finish line

European Union (ECHA) · 2026-03-03 · RAC opinion adopted; SEAC final expected end of 2026 — not yet law

The 2023 five-country proposal for a near-total PFAS ban under REACH cleared its scientific risk assessment and is in final socio-economic review. Separately, a PFHxA restriction takes effect October 10, 2026 for specified uses including food-contact packaging.

Forever Chemical Regulation and Accountability Act of 2026

US Congress · 2026-03-19 · Introduced — no committee action reported

Would create a federal 'essential use' framework for PFAS — uses allowed only if critical to health/safety/society with no safer alternative — plus a manufacturing phase-out program with 10-year phaseout plans and public reporting. Signals continued congressional momentum but faces long odds.

Regulatory Gap Alert

Identify regions where contamination detections exist without corresponding legislative protections.