North Carolina Environmental Compliance Conference Summary

On February 4, 2026, the North Carolina Chamber held an environmental compliance conference where attendees heard directly from the United States Environmental Protection Agency (U.S. EPA) and North Carolina Department of Environmental Quality (NC DEQ) leadership about regulatory priorities for 2026, enforcement trends, and modernization efforts.

Kevin McOmber, U.S. EPA Region 4 Regional Administrator, discussed how U.S. EPA is working towards achieving U.S. EPA Administrator Lee Zeldin’s “Powering the Great American Comeback” Initiative. McOmber highlighted a proposed rule revising what constitutes waters of the United States (WOTUS) under the Federal Water Pollution Control Act, also known as the Clean Water Act, in response to the U.S. Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency. The rulemaking comment period closed January 5^th and a final rule is expected soon. From an air quality perspective, McOmber highlighted U.S. EPA’s recent proposed repeals of the greenhouse gas emissions standards for electric generating units, the 2009 endangerment finding which was subsequently repealed on February 12^th, and the Clean Power Plan as well as the recission of the most recent updates to the mercury and air toxics standards. McOmber noted ongoing efforts to streamline and modernize permitting efforts including the New Source Review Program which is of particular importance given the surge in AI data center development and associated energy permitting. Locally, McOmber discussed continued recovery from Hurricane Helene and U.S. EPA’s partnership with NC DEQ to pursue sampling and regulation of per- and polyfluoroalkyl substances (PFAS).

Reid Wilson, NC DEQ Secretary, discussed NC DEQ’s priorities for 2026 including:

• Continued recovery efforts for Hurricane Helene;
• Strengthening resilience against natural disasters state-wide. An example of such efforts is the NC DEQ Flood Resiliency Blueprint tool which has been used to award an estimated $35 million to 73 projects (e.g., enlarging culverts or wetlands) and the NC Resilient Coastal Communities Program that has been used to fund 89 projects for $16 million;
• Reducing exposure to forever chemicals (i.e., PFAS), noting that an estimated 3.5 million North Carolinians’ drinking water supply contains forever chemicals, and NC DEQ intends to regulate at the source rather than at the downstream utility; and
• Improving the permitting process, noting that NC DEQ administers 40,000 permits and receives a large number of permit modifications or renewal applications annually. NC DEQ is committed to permit streamlining and modernization including moving to online permit application platforms with hopes to have 60% of applications submitted online by year end. It was noted that 35% of applications received are deficient and this leads to more iterations and longer timelines.

The Secretary noted that the NC Division of Air Quality (DAQ) will lose 11% of its annual revenue or $2.4 million due to a reduction in counties required to perform annual vehicle emissions inspections, further constraining resources at the Agency. Wilson also discussed the NC Energy Policy Task Force, which is slated to produce a report on February 15.

Dan Hirschman, NC DEQ General Counsel, and Sushma Masemore, NC DEQ Deputy Secretary for Environment, discussed enforcement trends. They reported an increase in unpermitted sources due to the inappropriate application of an exemption or general misinformation. They emphasized the importance of engaging the state agency early and often to ensure compliance. Engaging the local community was also noted to be of importance so that large projects were introduced to the public by the owner/operator rather than NC DEQ. NC DEQ will seek to get corrective actions accomplished via injunctions rather than civil penalties as this mechanism has been a more successful mode of action. They noted that inconsistencies in the NC DEQ Inactive Hazardous Waste laws and the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) program have caused compliance issues and they are seeking harmonization moving forward. Finally, they discussed important court cases to watch including:

• Challenges for 401 Pipeline approvals;
• Mid-Currituck Bridge Coastal Area Management Act permit challenge;
• Asheboro wastewater treatment plant permit’s numeric standard for 1,4 dioxane; and
• NC DEQ DWR vs. NC Farm Bureau Federation regarding general permit conditions in the swine industry.

Each of the NC DEQ Division Directors also spoke. Some highlights of those discussions, aside from those discussed previously, include:

Mike Abraczinskas – Division of Air Quality

• Online Title V permit application submittal portal launching soon with minor source platform later;
• S. EPA will not make attainment designations for the recently lowered particulate matter less than 2.5 microns (PM_2.5) annual National Ambient Air Quality Standard (NAAQS) by the required deadline and revisions may be forthcoming;
• S. EPA is working on a rule to clarify minor source New Source Review public participation requirements that would require public participation for minor or synthetic minor sources where it has not previously been required (making permit issuance timelines longer);
• Data Center siting concerns are being addressed, a multimedia environmental questionnaire has been developed for new projects, and the Agency is thinking about how to address cumulative impacts of power generation and data center assets.

Richard Rogers – Division of Water Resources

• Seeking to expand laboratory capabilities (including for PFAS) to process more samples in less time;
• State has adopted federal maximum contaminant levels for six PFAS in driving water as well as the hazard indices which will go into effect April 2029;
• Working with the Environmental Management Commission (EMC) to develop plans for PFAS monitoring and minimization.

Michael Scott – Division of Waste Management

• Landfill capacity is an issue;
• Microplastics may be a future issue that they are investigating with local university support;
• $61 million in Resource Conservation and Recovery Act funding from U.S. EPA is being used for recycling and conversion opportunities;
• Unpermitted dumping is an issue; and
• The Pactiv Evergreen paper mill in Canton, NC was sold to Spirtas Worldwide and will be developed into a mixed-use site; NC DEQ is involved with cleanup activities.

Finally, the Chair of the NC Environmental Management Commission (EMC), J.D. Solomon, provided remarks. Solomon stated PFAS will be regulated in NC and encouraged all stakeholders to engage in the public participation process. He also noted that there would be three inter-basin transfer rules occurring this year which he anticipated would be contentious. He also said that the EMC must perform a rules review and adoption of all ~800 NC rules this year.

The Chamber conference provided attendees with information across all media at the state and federal level. Understanding the priorities and changes for North Carolina will help us all respond and partner in moving North Carolina and its businesses forward. ALL4 has an experienced multimedia team that can help your facilities understand NC environmental regulations and maintain environmental compliance. If you need more information or want to connect with a member of the ALL4 team, please contact Leslie Pearce, a managing consultant in our Raleigh, NC office, at lpearce@all4inc.com.