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State
Government
Over
NCCBI's objections, state renews air-quality pact with
Tennessee
Industry
groups force EMC to narrow scope of air quality rule
Based
on input from North Carolina's business community, the state
Environmental Management Commission (EMC) significantly
narrowed the scope of an air quality rule prior to its
adoption in a recent rulemaking action.
Under federal regulations issued by the U.S. Environmental
Protection Agency (EPA), North Carolina and several other
states are required to develop rules which limit emissions of
nitrogen oxides (NOx) from power plants and large industrial
emission sources (rated above 250 million BTU per hour).
However, in its draft rules, the EMC proposed requiring
additional emission reductions from small industrial emission
sources (rated between 50 million and 250 million BTU per
hour). The inclusion of small emission sources would
have significantly increased the number of industrial
facilities affected by the rule.
Recognizing that the EMC was considering the adoption of a
temporary rule that exceeded the mandatory federal
requirements, R.J. Reynolds Tobacco Co., the Manufacturers and
Chemical Industry Council and NCCBI filed written comments in
opposition to the language of the proposed rule. The industry
groups questioned whether the NOx reductions for small
emission sources were needed to protect air quality.
Industry representatives also challenged the legality of the
EMC's proposal to adopt the small emission source requirements
as a temporary rule, rather than as a permanent rule. North
Carolina law only allows adoption of temporary rules in
limited circumstances, including when a state agency adopts a
rule to remain in compliance with a federal law.
Because the EPA did not require NOx reductions from small
emission sources, the industry groups argued that the EMC
lacked authority to bypass the permanent rulemaking process,
which includes oversight by the Rules Review Commission and
the General Assembly. After reviewing the comments
provided by the industry groups, the EMC decided on July 12 to
strike the provisions requiring emission controls on small
emission sources prior to adopting the temporary rule.
Therefore, this decision for
the business community illustrates the importance of
industry's awareness, involvement and advocacy in agency
rulemaking actions.
Over
NCCBI’s objections, state extends air-quality pact with
Tennessee
North
Carolina and Tennessee have extended an agreement for ensuring
that new industrial emissions do not degrade air quality in
the Great Smoky Mountains and other pristine natural areas.
The development came after a Wake County Superior Court judge
dismissed a lawsuit filed by NCCBI contending that the
agreement should be subject to public comment and other
hearings required by the state’s rulemaking procedures.
The agreement, or memorandum of understanding (MOU), sets
procedures for state and federal agencies to follow in
exchanging information in the review of permit applications
for new or expanded utilities and other large industries. The
procedures only apply to permit reviews for facilities whose
air emissions could be large enough to affect air quality in
national parks and wilderness areas -- generally less than a
half-dozen permits each year in North Carolina.
"This agreement is an important part of our ongoing
efforts to protect and improve air quality in the Southern
Appalachian Mountains,” said Bill Ross, secretary of the
N.C. Department of Environment and Natural Resources (DENR),
who signed the document for North Carolina. "In extending
this pact, North Carolina and Tennessee have agreed to
continue working together with involved federal agencies in
protecting air quality and visibility in our most pristine
natural areas, from the Great Smoky Mountains to the coast.
The two states initially signed the agreement in December 1998
and later agreed to extend it until July 31, 2001. Meanwhile,
the agreement was challenged in a lawsuit by NCCBI, which
contended that DENR had signed the agreement without following
proper rule-making procedures. However, Wake Superior Court
Judge J.B. Allen, following a hearing last week, dismissed the
lawsuit on Monday and ruled that DENR had acted properly.
The newest agreement will expire if not extended by Jan. 31,
2002. The states are extending the agreement for only six
months because the U.S. Environmental Protection Agency (EPA)
is expected to issue new nationwide standards for reviewing
permits for large industrial air emissions sources during the
coming year.
The agreement establishes the process for federal land
managers to review applications for facilities whose emissions
could affect Class I Areas, which include national parks and
wilderness areas. Under the procedures, large new industries
are required to conduct computer modeling to determine whether
their emissions would affect air quality in Class I Areas.
Industries benefit from having a more consistent permit review
process and predetermined deadlines for federal reviews.
Federal land managers benefit from receiving notifications
about new facilities early in the permit application process,
but they must respond within 60 days. Previously, there had
been no deadline.
The procedures do not give federal land managers the authority
to veto permit applications. The state maintains full
permitting authority, but federal officials can request
stricter controls on facilities whose emissions could degrade
air quality in Class I Areas. For more information on North
Carolina’s efforts to improve air quality, visit the DAQ Web
site at: http://daq.state.nc.us.
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