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DAQ Reform Point Sheet

1. According to statistics derived from the EPA’s ECHO database, (http://www.epa.gov/echo/ ) and analyzed by the State Environmental Leadership Program in North Carolina, only 11% of reported air quality regulation violations are prosecuted by the Division of Air Quality in North Carolina. This represents the seventh worst enforcement record in the country.

2. The DAQ is not adhering to its obligation to fully involve public input in the Title V permit application process.
Requested hearings have been consistently denied for public hearings on utility-owned power plant Title V permit applications.  (Every five years all air-polluting industrial facilities must renew their Title V operating permits). Last year the Canary Coalition joined other organizations in requesting Title V application hearings for the following public utility-owned coal-burning power plants:

Allen Steam Station
Belews Creek Steam Station
Buck Steam Station
Cliffside Steam Station
Dan River Steam Station
Mayo Electric Generating Plant
Riverbend Steam Station
Roxboro Steam Electric Plant

In the beginning of the year DAQ agreed to hold two hearings.  There was one combined hearing for the Mayo and Roxboro plants; and another combined hearing for the Dan River and Belews Creek plants.  Each of these hearings was held in a remote, rural county on a week-day working night.  Publicity for the hearings consisted of a bare-minimum notice in the local newspaper of the rural town where the meeting was held.  Although only a handful of people (outside of utility company reps) were able to attend, speakers were confined to strictly-enforced three-minute statements.  All subsequent Title V permit application hearings were denied. DAQ administrator Keith Overcash sited "lack of significant public interest" as the reason for denial.   Former DENR Secretary Bill Holman had committed the DAQ to hold public hearings for Title V permit applications for all 14 utility-owned coal-burning power plants as they came due.  The DAQ has now broken that commitment.

3. The DAQ has not met its mandate as prescribed by section 10 of the Clean Smokestacks Act that states:

"It is the intent of the General Assembly that the State use all available resources and means, including negotiation, participation in interstate compacts and multistate and interagency agreements, petitions pursuant to 42 U.S.C. § 7426, and litigation to induce other states and entities.. to achieve reductions in emissions of oxides of nitrogen (NOx) and sulfur dioxide (SO2) comparable to those ....as enacted by Section 1 of this act, on a comparable schedule..."

An example of this violation is the DAQ's actively advising the Attorney General not to join the lawsuits against the EPA's NSR changes.  By invoking the Freedom of Information Act the Canary Coalition obtained an internal DAQ document sent to the AG in February, 2003, advising against joining the first lawsuit. This document employed false and misleading information to the AG, including the statement that the Final Rule change would not apply to power plants.  In fact, power plants are the first industry listed in the Federal Registry pertaining to this rule change.  Completely ignoring the state's obligations under Section 10, DAQ also implied that since the Final NSR Rule change would not directly affect the NC Clean Smokestacks Act it was irrelevant to our state and we should not get involved.

4. As the principle state enforcement agency for air quality regulations, administrative positions within DAQ should be filled by advocates for strong environmental rules and regulations.  But, presently, the reverse is true.
As an example of the advocacy of the current DAQ administration, in the 2001-2 legislative sessions the DAQ lobbied for the passage of HB1037, the "Build Without Air Permit Bill", before changes were included that made it barely acceptable to some within the environmental community.   This piece of legislation, vehemently opposed by the entire environmental community when introduced, would have allowed the construction of multi-million dollar industrial facilities to proceed to near completion without first obtaining air quality permits approving the plans for adequate emission control systems.  It was also rejected by the NC General Assembly in this form. This is an inappropriate role for the state's principal air quality regulating agency to be playing.  The  DAQ's purpose is to act as a watchdog agency that will safeguard the public's health and the environment.  Its purpose is not to be an advocate for easing the way for industry to by-pass the regulatory process.

5. The Canary Coalition is making these recommendations that will lead to the reform of DAQ.

-The General Assembly should mandate that DAQ open the Title V application process to greater public scrutiny by:
a) being more responsive to requests for public hearings and adhering to commitments made by past administrators.
b) holding public hearings in the most populated areas (major cities) of the state affected by air pollution sources.
c) Widely and comprehensively publicizing the date, time, location and purpose of the public hearings.

The General Assembly should affirm Section 10 of the Clean Smokestacks Act and direct the DAQ, the Attorney General's office and all other relevant state agencies to meet their responsibilities under this Act.

An investigation should be conducted into possible conflicts of interest that exist between industrial interests and administrators within the DAQ. This should include a series of public hearings in which citizens can air their grievances against the record of recent performance by the DAQ.

contact info for NC House of Representatives 

contact info for NC Senate members

*The Canary Coalition is working on the local, state and federal level to raise public awareness and mobilize public support for policies that will result in clean air for all those who breathe.  If you would like to join or contribute to the Canary Coalition online please go to this donation link.  Thank you.

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