As with most states, EPA delegates authority to North Carolina to regulate pollution from industry and wastewater treatment plants into rivers, lakes and other waters through the “National Pollutant Discharge Elimination System” program. This means the state takes on EPA’s legal duty to issue water pollution permits that protect North Carolina waters, to solicit participation from the public and to enforce against any polluters that violate water quality laws. 

Unfortunately, the North Carolina General Assembly has systematically undermined the Department of Environmental Quality and the Environmental Management Commission to the point that the state can no longer effectively protect our waters. 

These legislative actions have led to weakened permits, an inability to regulate toxic chemicals effectively and a state budget that leaves DEQ severely underfunded. As a result, industrial facilities are allowed to operate under expired permits with outdated protections, efforts to better protect the public and enforce against polluters are routinely blocked, and North Carolinians are exposed to more pollution in our waterways and drinking water sources. 

Moreover, recent changes to state law have given final authority over water pollution permits to the North Carolina Office of Administrative Hearings, an entity that is not equipped to prioritize public health and environmental safety. This shift not only sidelines DEQ’s expertise but also cuts the public out of the permitting process altogether.

Given these circumstances, we believe that the only path forward is to request that the EPA reclaim its authority over water pollution regulation in North Carolina. This is a drastic measure, but one that is necessary to ensure that our waters and communities are protected from the serious threats posed by unchecked pollution.