Chemical dumped by cities into Haw and Deep Rivers may be toxic

Three central North Carolina municipalities in 2024 fought — and won — for their right to release a potentially toxic chemical into the drinking water of communities. 

Now, those cities — Asheboro, Greensboro and Reidsville — are taking full advantage of the court’s decision, dumping massive amounts of an odorless, colorless industrial solvent known as 1,4-dioxane into the Haw and Deep Rivers, which meet at the mouth of the Cape Fear River. 

For them, it’s big business. Manufacturing companies pay them to take their waste — chock full of 1,4-dioxane — so it can be processed and discharged.

But that cash flow comes with a potential cost. A very human cost.

Toxic or not?

Does 1,4-dioxane pose a danger to people? Opinions vary.

The chemical is a byproduct generated in the production of plastics, laundry detergent, antifreeze and shampoo. 

Studies have shown that exposure to it may be deadly. But the U.S. Environmental Protection Agency hasn’t gone that far just yet.

The EPA classifies 1,4-dioxane as a “likely human carcinogen.” Short-term exposure may cause eye, nose and throat irritation. Long-term exposure may lead to kidney and liver damage. 

Animal studies showed increased instances of nasal, liver and gall bladder tumors after 1,4-dioxane exposure, according to the EPA. The agency says the chemical “presents an unreasonable risk of injury to human health.”

Judge Donald van der Vaart, in siding with Asheboro, Greensboro and Reidsville being allowed to dump 1,4-dioxane into the Cape Fear watershed, noted the EPA’s cautious view in arriving at his decision.

“The EPA has characterized 1,4-dioxane as ‘likely to be carcinogenic to humans,’” van der Vaart wrote in the ruling. “The EPA has not characterized 1,4-dioxane as ‘carcinogenic to humans.’”

Ebb and flow

The N.C. Department of Environmental Quality issued permits under the Clean Water Act as a way to control the chemical’s scope. It’s a method regularly used to limit discharges of other toxic substances such as PFAS, more commonly known as “forever chemicals.” 

But instead of limiting the discharges, Asheboro, whose officials didn’t respond to an interview request, sued in 2024 to keep dumping. And won.

The successful suit forced NCDEQ’s hand. The state agency has appealed the court’s decision, which remains pending.

More recently, the EPA issued a letter on Jan. 3 saying that a new permit NCDEQ was forced to issue is insufficient. The department has 90 days to issue a revised permit. If the agency does not comply, the EPA will take authority out of the state’s hands and issue an overriding permit to limit 1,4-dioxane discharge.

“That isn’t something the state wants,” said Emily Sutton, who works as a riverkeeper  —  a kind of watchdog — on behalf of the Haw River Assembly. “That isn’t something Asheboro wants. If the permit is managed by a federal agency, there’s a lot more bureaucracy. My hope is that the state will act quickly. This has been devastating for downstream communities.”

Chemical imbalance

The ruling allowing the release of 1,4-dioxane into the Haw and Deep Rivers impacts communities such as Brunswick County, but also places like Pittsboro, Holly Springs and Fuquay-Varina that buy their water from the city of Sanford in Lee County.

What effect, if any, that will have on public health remains to be seen.

Consider that in December, however, Asheboro’s 1,4-dioxane discharges were at a dangerously high level. The threshold at which state scientists consider 1,4-dioxane to be cancerous is .35 parts per billion. 

Asheboro’s discharges were an astounding 2,322 times higher than that.

“The problem is that because these wastewater treatment plants aren’t built to handle industrial chemicals like 1,4-dioxane, those chemicals will pass straight through those wastewater treatment plants,” said Jean Zhuang, a senior attorney for Southern Environmental Law Center.

And presumably into a household’s tap water.

That’s why the city of Fayetteville, Brunswick County and the Cape Fear Public Utility Authority intervened in the legal case — but on the side of NCDEQ. They argued that 1,4-dioxane discharges caused extreme financial burdens on their drinking water treatment services because it’s costly to sample and remove the potentially toxic chemical.

In Brunswick County, a system to remove 1,4-dioxane and other chemicals is still under construction. It’s scheduled to be operational in late spring 2025.

“Our Sweeney Water Treatment Plant is equipped with biological filters that are very effective at removing 1,4-dioxane,” said Cammie Bellamy, a spokeswoman for the Cape Fear Public Utility Authority, which serves New Hanover County. “That said, the more 1,4-dioxane there is in the river, the harder our filters have to work to remove it.”

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