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In Support of a Disapproval Bill for 15A NCAC 02D .0530 Industrial
Emission Control Standards Must Be Sustained in North Carolina to Improve
Air Quality January,
2006 Dear
Members of the North Carolina General Assembly: In
March of 2005 the Environmental Management Commission (EMC) issued a
revision of North Carolina’s New Source Review regulation 15A NCAC 02D .0530, Prevention of Significant
Deterioration (PSD), reducing requirements for older power plants, factories or refineries
to upgrade emission control systems when renovating, modernizing or
expanding their operations. Unless the North Carolina General Assembly
passes a Bill of Disapproval in the 2006 legislative session, the revised
rules will take effect. The
organizations listed below are advising the North Carolina General
Assembly to repeal this revision by passing a Bill of Disapproval in the
2006 legislative session and returning the PSD regulations to the higher
standards existing prior to this rule change. The PSD Rule
Revision Was Legally Unnecessary
The
EMC weakened North Carolina’s PSD rule based on a directive from the EPA
that has since been reversed by the federal Court of Appeals decision of
June 24, 2005, that reaffirmed the right of state governments to maintain
higher emission control standards than the revised federal regulations.
The EMC had been misinformed by the EPA, prior to the federal court
decision, that North Carolina had no choice in revising the PSD rule in
conjunction with the federal revisions. The PSD Rule
Revision Sets A Poor Example for Upwind States
The
revised North Carolina PSD rule sets a poor example for upwind states that
are contributing to air pollution in our state. Section 10 of the NC Clean
Smokestacks Act directs our state agencies to “use all available
resources and means” to influence other states to institute emission
control standards and timelines similar to those adopted by North
Carolina. If there is a perception that North Carolina is beginning to
weaken its emission control standards, the effort to influence positive
change in other states will be undermined. Avoiding a
Bad Legal Precedent
By acquiescing to the PSD revision, the EMC is setting
a bad legal precedent for other states to follow and for North Carolina to
follow when it comes time to consider subsequent NSR changes handed down
by the EPA. It’s also a bad precedent in disregarding the mandate of the
Clean Smokestacks Act to work relentlessly toward improved air quality in
North Carolina. The PSD revision represents backwards motion by state
enforcement agencies at a time when the legislature and people of our
state have mandated strong forward progress toward cleaner air for the
health, environment and economy of North Carolina. Taking a
Stand For Clean Air
The
EPA has issued further decisions eroding the effect of the New Source
Review provisions of the Clean Air Act. Each of these revisions is being
challenged in federal court by multiple states, cities and public interest
groups, citing irreparable harm to the health of millions of people and
the environment. The North Carolina General Assembly should continue the
national leadership it displayed when it passed the Clean Smokestacks Act
in 2002. By passing a Bill of Disapproval against the revised PSD rule,
North Carolina will be taking a stand against the dismantling of the
federal Clean Air Act. Summary
The
air quality laws and regulations of our state should set a good example
for other states to follow. North Carolina should be a leader in taking a
stand to preserve the federal Clean Air Act.
The General Assembly should stand strongly behind strict
enforcement of all provisions of the NC Clean Smokestacks Act and the
objectives contained within that legislation.
The responsibilities outlined in section 10 should be reaffirmed
and impressed upon our state enforcement agencies. The passage of a Bill
of Disapproval against the PSD rule revision will work toward all of these
objectives and the North Carolina General Assembly should take this action
in the 2006 legislative session, to prevent the erosion of North
Carolina’s emission control standards. Avram
Friedman Executive
Director of the Canary Coalition PO
Box 653, Sylva, NC 28779 828-631-3447
Jody
Flemming Executive
Director of the Western North Carolina Alliance 29
N. Market Street, Suite 610, Asheville, NC 28801 828-258-8737 June
Blotnick
Hope
Taylor-Guevara Executive
Director of Clean Water for North Carolina 2009 Chapel Hill Road, Durham, NC 27707 828-251-1291
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