15A NCAC 02H .0923_v5

1 of 6
15A NCAC 02H .0922 PFAS MONITORING AND MINIMIZATION PROGRAM 1
(a) For purposes of this Rule, the following definitions shall apply: 2
(1) “EPA test Method 1633” means the EPA method for analysis of per- and polyfluoroalkyl substances 3
(PFAS) in aqueous, solid, biosolids, and tissue samples by LC-MS/MS. Versions released on or 4
after December 2022 by EPA are incorporated by reference, including subsequent amendments, 5
editions and versions. The method may be accessed at https://www.epa.gov/cwa-methods/cwa-6
analytical-methods-and-polyfluorinated-alkyl-substances-pfas free of charge. 7
(2) “Gen X” means Hexafluoropropylene oxide dimer acid (HFPO-DA), CAS Registry Number 13252-8
13-6; 9
(3) “Minimization plan” means a strategy to reduce or eliminate pollutants at the source before they are 10
discharged into the environment. A minimization plan includes: 11
(A) Best management practices, such as preventative measures to control and reduce pollution, 12
pollution prevention and good housekeeping practices such as regular changing or cleaning 13
of equipment and tanks; 14
(B) Other approaches to reduce or eliminate pollutants, such as identifying and eliminating 15
pollutant sources in raw materials, processes or operations; improving operational 16
efficiency to minimize waste generation; and product substitution; 17
(C) A timeline for implementation; 18
(D) Estimated annual reductions from implementation; and 19
(E) Reduction goals, such as a target concentration or % reduction. 20
(4) “PFAS” means per- and polyfluoroalkyl Substances; 21
(5) “PFOA means Perfluorooctanoic acid, Chemical Abstracts Service (CAS) Registry Number 335-22
67-1; 23
(6) “PFOS” means Perfluorooctane Sulfonic Acid, CAS Registry Number 1763-23-1; 24
(7) “Targeted PFAS” means PFOS, PFOA and Gen X, either individually or combined; 25
(b) All PFAS monitoring outlined in this Rule shall be conducted as follows: 26
(1) Prior to EPA test Method 1633 being promulgated into 40 CFR Part 136: 27
(A) PFAS monitoring and reporting under this Subparagraph shall be conducted using the third 28
draft of EPA test Method 1633 released on December 2022 or a more recent draft or version 29
of EPA test Method 1633 released after December 2022. 30
(B) PFAS monitoring and reporting under this Subparagraph shall include all PFAS listed in 31
the draft or version of EPA test Method 1633 that is used. 32
(C) PFAS monitoring and reporting under this Subparagraph shall be exempt from the 33
requirement in 40 CFR 403.12 to be certified. 34
(D) PFAS monitoring and reporting under this Subparagraph shall not require field blanks to 35
be analyzed. 36

2 of 6
(E) PFAS monitoring and reporting under this Subparagraph shall be a representative grab 37
sample, unless the Control Authority approves use of: 38
(i) Grab-composite as specified in 40 CFR 403.12(g)(3); or 39
(ii) 24-hour to 72-hour composites collected by an automatic sampler cleaned and 40
prepared to prevent PFAS contamination. 41
(2) After EPA test Method 1633 is promulgated into 40 CFR Part 136: 42
(A) PFAS monitoring and reporting under this Subparagraph shall be conducted using the 43
version of EPA test Method 1633 that is promulgated into 40 CFR Part 136. 44
(B) PFAS monitoring and reporting under this Subparagraph shall include all PFAS listed in 45
version of the EPA test Method 1633 that is promulgated into 40 CFR Part 136. 46
(C) PFAS monitoring and reporting under this Subparagraph shall comply with the 47
requirement in 40 CFR 403.12 to be certified. 48
(D) PFAS monitoring and reporting under this Subparagraph shall require field blanks to be 49
analyzed. 50
(E) PFAS monitoring and reporting under this Subparagraph shall be a representative grab 51
sample, unless the Control Authority approves use of: 52
(i) Grab-composite as specified in 40 CFR 403.12(g)(3); or 53
(ii) 24-hour to 72-hour composites collected by an automatic sampler cleaned and 54
prepared to prevent PFAS contamination. 55
(c) PFAS initial characterization monitoring shall be required as follows: 56
(1) Within 120 days of the effective date of this Rule, the Control Authority shall notify all SIUs that 57
PFAS initial characterization monitoring shall be required as described in Subparagraph (c)(2) of 58
this Rule. The Control Authority shall specify in the notification whether the Control Authority or 59
SIU will be responsible for completing the monitoring. The Control Authority shall also notify any 60
new SIU that PFAS initial characterization monitoring shall be required as described in 61
Subparagraph (c)(2) of this Rule. 62
(2) SIUs or the Control Authority on behalf of the SIU shall characterize the PFAS concentrations in 63
their influent and their effluent by conducting PFAS initial characterization monitoring as follows: 64
(A) PFAS samples shall be collected quarterly at each influent and effluent for one calendar 65
year from the date the SIU is notified by the Control Authority; 66
(B) For influent sampling, PFAS sample location and timing shall be representative of the 67
influent for each influent; 68
(C) For the effluent sampling, PFAS sample location and timing shall be representative of the 69
effluent for each effluent; 70
(D) The PFAS samples shall be collected in accordance with the requirements in Paragraph (b) 71
of this Rule; and 72
(E) The PFAS monitoring data shall be submitted to the Control Authority as follows: 73

3 of 6
(i) PFAS monitoring data submitted shall at a minimum include the following: 74
(I) Facility name; 75
(II) Facility number or other identification if assigned by the Control 76
Authority; 77
(III) Sample date, location, collection type for each reported sample; 78
(IV) PFAS monitoring results for all PFAS listed in EPA test Method 1633 79
for each reported sample; and 80
(V) Detection levels for any reported non-detects based on the draft or 81
version of EPA test Method 1633 that is used. 82
(ii) PFAS monitoring data shall be submitted to the Control Authority in accordance 83
with the schedule outlined in the discharge permit issued to the SIU by the Control 84
Authority in accordance with Rule .0916 of this Subchapter; 85
(3) Representative historical PFAS sampling may be used to satisfy the requirement for PFAS initial 86
characterization monitoring outlined in Subparagraph (c)(2) of this Rule if all of the following 87
criteria are met: 88
(A) The PFAS sampling follows the requirements in Paragraph (b) of this Rule; 89
(B) The PFAS sampling follows the requirements in Subparagraph (c)(2) of this Rule; and 90
(C) The samples were collected within the three calendar years prior to the date the SIU is 91
notified by the Control Authority as outlined in Subparagraph (c)(1) of this Rule. 92
(4) PFAS monitoring required in a NPDES permit may be used to satisfy the requirement for PFAS 93
initial characterization monitoring outlined in Subparagraph (c)(2) of this Rule if all of the following 94
criteria are met: 95
(A) The PFAS sampling follows the requirements in Paragraph (b) of this Rule; and 96
(B) The PFAS sampling follows the requirements in Subparagraph (c)(2) of this Rule. 97
(d) PFAS ongoing monitoring shall be required as follows: 98
(1) For each SIU, within 120 calendar days of receiving all of the PFAS initial characterization 99
monitoring data as required in Paragraph (c) of this Rule, the Control Authority shall notify each 100
SIU whether PFAS ongoing monitoring will be required or not. The Control Authority shall specify 101
in the notification whether the Control Authority or SIU will be responsible for completing the 102
ongoing monitoring. The Control Authority shall require PFAS ongoing monitoring as described in 103
Subparagraph (d)(2) of this Rule for any SIU that meets any of the following criteria: 104
(A) The PFOA concentration in any of the quarterly effluent samples is at least 10 percent 105
greater than the PFOA concentration of the corresponding influent sample; 106
(B) The PFOS concentration in any of the quarterly effluent samples is at least 10 percent 107
greater than the PFOS concentration of the corresponding influent sample; 108
(C) The Gen X concentration in any of the quarterly effluent samples is at least 10 percent 109
greater than the Gen X concentration of the corresponding influent sample; 110

4 of 6
(D) The sum of the Targeted PFAS concentration in any of the quarterly effluent samples is at 111
least 10 percent greater than the sum of the Targeted PFAS concentration of the 112
corresponding influent sample; 113
(2) SIUs, or the Control Authority on behalf of the SIU, shall conduct ongoing PFAS monitoring of 114
their influent and effluent as follows: 115
(A) PFAS samples shall be collected twice per calendar year at each influent and effluent. One 116
sample shall be collected between January 1 and June 30 and the other sample shall be 117
collected between July 1 and December 31. Sampling shall continue each calendar year 118
unless the requirements in Subparagraph (d)(3) of this Rule are met; 119
(B) For influent sampling, PFAS sample location and timing shall be representative of the 120
influent for each influent; 121
(C) For the effluent sampling, PFAS sample location and timing shall be representative of the 122
effluent for each effluent; 123
(E) The PFAS samples shall be collected in accordance with the requirements in Paragraph (b) 124
of this Rule; and 125
(F) The PFAS monitoring data shall be submitted to the Control Authority as required in Part 126
(c)(2)(E) of this Rule. 127
(3) Ongoing PFAS monitoring required in Subparagraph (d)(1) of this Rule shall continue until all of 128
the following criteria are met: 129
(A) The PFOA concentration in four consecutive effluent samples are less than 10 percent 130
greater than the sum of the PFOA concentration of the corresponding influent samples; 131
(B) The PFOS concentration in four consecutive effluent samples are less than 10 percent 132
greater than the sum of the PFOS concentration of the corresponding influent samples; 133
(C) The Gen X concentration in four consecutive effluent samples are less than 10 percent 134
greater than the sum of the Gen X concentration of the corresponding influent samples; 135
and 136
(D) The sum of the Targeted PFAS concentration in four consecutive effluent samples are less 137
than 10 percent greater than the sum of the Targeted PFAS concentration of the 138
corresponding influent samples. 139
(e) Minimization plans for Targeted PFAS shall be required as follows: 140
(1) When the Control Authority notifies each SIU in accordance with Subparagraph (d)(1) of this Rule, 141
they shall also notify each SIU that meets any of the criteria in Parts (d)(1)(A), (B), (C) or (D) that 142
a minimization plan for Targeted PFAS that will reduce or eliminate Targeted PFAS loading to the 143
POTW is required. 144
(2) Within 365 days of receiving notification from the Control Authority that a minimization plan for 145
Targeted PFAS is required, a minimization plan for Targeted PFAS must be submitted by the SIU 146
to the Control Authority for review and approval. 147

5 of 6
(3) Within 120 calendar days of receipt of the minimization plan for Targeted PFAS from the SIU, the 148
Control Authority shall approve the plan or notify the SIU of any deficiencies identified in the plan 149
that must be addressed before approval. The SIU shall correct all deficiencies and resubmit a 150
complete and updated minimization plan for Targeted PFAS to the Control Authority within 60 151
calendar days. 152
(4) For SIUs, within 120 calendar days of the Control Authority’s approval of the plan, the Control 153
Authority shall modify the SIU permit in accordance with Rule .0916 of this Subchapter to 154
incorporate the minimization plan into the SIU permit. 155
(5) The Control Authority shall require annual minimization plan for Targeted PFAS reporting in the 156
SIU permits that include at a minimum: 157
(A) A summary of the status of implementation of the minimization plan for Targeted PFAS; 158
and 159
(B) Any observed increases or decreases in the PFOA, PFOS or Gen X concentrations in the 160
samples collected before and after implementation of the minimization plan for Targeted 161
PFAS. 162
(6) The minimization plan for Targeted PFAS shall be reviewed every two years after the SIU permit 163
is modified in accordance with Subparagraph (e)(4) of this Rule. If the SIU’s reduction goals in 164
their approved minimization plan for Targeted PFAS are not met, then the SIU shall provide an 165
updated minimization plan for Targeted PFAS to seek additional reductions to the Control Authority 166
for review and approval in accordance with Subparagraphs (e)(2) and (3) of this Rule. 167
(7) Once all of the criteria in Parts (d)(3)(A), (B), (C) and (D) are met, the requirements in 168
Subparagraphs (e)(6) and (7) of this Rule shall no longer be required from the SIU. 169
(f) In the Pretreatment Annual Report submitted to the Division as required in Rule .0908 of this Subchapter, the 170
Control Authority shall submit a PFAS Addendum that includes: 171
(1) A summary of the PFAS monitoring data received from all SIUs as required in Paragraphs (c) and 172
(d) of this Rule; 173
(2) A summary of the implementation status for all approved minimization plans for Targeted PFAS; 174
(3) A summary of the estimated annual reductions of Targeted PFAS reaching the POTW from 175
implementation of the approved minimization plans for Targeted PFAS; and 176
(4) A list of any enforcement actions taken for failing to conduct ongoing PFAS monitoring, failing to 177
provide a minimization plan for Targeted PFAS or for failing to implement an approved 178
minimization plan for Targeted PFAS; 179
(g) If the Control Authority identifies any IU that contributes PFAS to the POTW based on INSERT LANGUAGE 180
(Division will work with stakeholders on the criteria to determine which IUs will be subject to this rule), then the 181
Control Authority shall notify that IU that they are subject to the requirements outlined in Paragraphs (c), (d), and (e) 182
of this Rule. 183

6 of 6
(h) Nothing in this Rule limits the Control Authority’s authority to impose additional monitoring, reduction 184
requirements, control or treatment requirements, or any other requirements as authorized in Section .0900 of this 185
Subchapter. 186
(i) Nothing in this Rule limits the Commission’s or Division’s authority under the Clean Water Act, under the North 187
Carolina General Statutes, or under other Rules within the North Carolina Administrative Code. 188
189
NOTE – a rule that mirrors this rule will be drafted for direct dischargers. Included in that rule will be a requirement 190
for POTWs with approved pre-treatment programs to conduct quarterly monitoring of their influent and effluent for 191
PFAS. 192
193
History Note: Authority G.S. 143-215(a); 143-215.1(a); 143-215.1(b); 143-215.1(c); 143-215.3(a)(1); 143-194
215.3(a)(2); 143-215.3(a)(14); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.65; 143-215.66; 195
143-215.67; 143-215.69 196
Eff. DATE; 197