The May meeting of the North Carolina Environmental Management Commission is scheduled for next week in Raleigh.

According to the commission’s Thursday, May 14 draft agenda, members will consider a federal petition to incorporate National Ambient Air Quality Standards into state air quality rules.

When newly enacted Environmental Protection Agency air quality standards take effect, the new rules effectively apply to state standards, which must be revised to align.

The proposal before the EMC would omit the state from having to go through the process of updating its rules every time a federal air quality standard changes.

The commission will also receive an update on the North Carolina Department of Environmental Quality’s Flood Resiliency Blueprint.

DEQ released on April 1 improved advisory flood maps for the Cape Fear, Lumber, Neuse, Tar-Pamlico and White Oak river basins. These maps are designed to help local governments, agencies and non-governmental partners develop, evaluate and prioritize resilience actions, and plan and secure funding to implement those actions.

The commission’s committees will meet beginning at 9 a.m. Wednesday in the Archdale Building’s ground floor hearing room, 512 N. Salisbury St., Raleigh.

Those meetings will be livestreamed by Webex, meeting number/access code 2427 265 5562, password NCDEQ (62337).

The full commission will meet at 9 a.m. on Thursday in the Archdale Building. The meeting may also be viewed via livestream, meeting number/access code
2429 624 8234, password NCDEQ (62337).

To listen to the meetings either day by phone dial +1-415-655-0003.

Agendas for the committees and the full commission are available on the EMC’s website.

Businesses now can apply for federal funds to build and operate electric vehicle charging stations along state interstates and major highways.

The North Carolina Department of Transportation announced Friday that requests for proposals will close at midnight May 11 for the second round of the National Electric Vehicle Infrastructure program, which will provide money to help build and operate 16 EV charging stations along the state’s alternative fuel corridors.

Businesses interested in applying should visit NCDOT’s NEVI Program website to view the request for proposal documents, applications, a geographic information system- or GIS-based map with the proposed locations for the EV charging stations, and other resources.

This latest batch of EV chargers will add to the chargers being constructed along interstates and highways by six firms already under contract.

North Carolina received $109 million in NEVI funding to build out EV infrastructure along a network of approved interstates and highway corridors and in communities.

The federally subsidized program is meant to supplement the state’s existing DC fast charging ports. All of the charging stations funded through the program will be privately owned and operated.

NCDOT expects it will take another three years to build out the remaining charging infrastructure on the alternative fuel corridors such as Interstate 40, I-77 and U.S. 17.

Once these charging stations are built, the state will transition to Phase 2 of the EV buildout that will focus on Level 2 chargers that take between 4 and 8 hours to charge a vehicle, and DC fast chargers.

NEVI funds are to be used to reimburse businesses for project costs, including procurement, installation and operation of the EV charging stations.

North Carolinians may now check daily air quality forecasts for ozone across the state.

This year’s ozone season began Sunday, signaling a reset for state and local environmental agencies to post daily air quality forecasts for ozone.

The North Carolina Department of Environmental Quality’s Division of Air Quality will include ozone in its daily air quality forecasts, which includes year-round fine particulate matter pollution, through Oct. 31.

Ozone forms in the air from the Earth’s surface when nitrogen oxides react with hydrocarbons in the presence of heat and sunlight. Potential human health effects from exposure to high levels of ozone including heart and lung conditions, such as asthma, particularly in young children and older adults.

“Ozone levels on North Carolina’s highest ozone days continue to decline due to steady reductions in emissions from its primary air pollution sources: power plants, industry and motor vehicles,” according to the state.

North Carolina was designated as attaining the 2015 ozone standard statewide by the U.S. Environmental Protection Agency in 2017, and has maintained compliance with the standard since.

The division’s meteorologists use the air quality index to monitor and forecast ozone and fine particular matter. Daily forecasts are issued every three days out by 3 p.m. with a morning update by 10 a.m. the next day.

The state agency provides up-to-date, localized forecasting for 91 of North Carolina’s 100 counties and two mountain ridgetop zones.

The Forsyth County Office of Environmental Assistance and Protection forecasts air quality for the greater Triad region, including Winston-Salem and Greensboro.

In addition to the state’s air quality portal, forecasts are also available through the EPA’s AirNow website and app.

The division’s X feed and Facebook include forecast updates, information about active air quality alerts and opportunities to learn more about air quality.

Real-time and historical air quality and meteorological observations are available through the Ambient Information Reporter tool. Current- and long-term ozone trends for monitors through the United States are provided by the Ozone Design Value Predictor tool.

An educational video explaining the different air quality index color codes is available in English and Spanish.

It has been almost two weeks since the Environmental Protection Agency announced plans to ax Obama-era carbon emission regulations for new motor vehicles and engines, arguing that the agency didn’t have the authority to impose the science-based standards on the greenhouse gas emissions that the current administration says have only a negligible effect on climate change.

While Republican lawmakers and leaders in the fossil fuel and automotive industries support the move, Democratic Party leaders, health care industry and environmental groups are saying the decision goes against decades of peer-reviewed research that the heat-trapping gases will amplify climate change, and are taking legal action.

President Donald Trump and EPA Administrator Lee Zeldin announced Feb. 12 that the administration was rescinding its own findings, and, consequently, eliminating the greenhouse gas emission standards, or the legal limits on the amount of pollutants a vehicle can emit, that have been in place for more than 15 years.

“We are officially terminating the so-called Endangerment Finding, a disastrous Obama-era policy that severely damaged the American auto industry and massively drove up prices for American consumers,” Trump said during a press conference Feb. 12 at the White House. “Effective immediately, we’re repealing the ridiculous endangerment finding and terminating all additional green emission standards imposed unnecessarily on vehicle models and engines between 2012 and 2027 and beyond.”

The agency stated in a release that week that the Obama-era EPA, via section 202 of the Clean Air Act, exceeded its “authority to combat ‘air pollution’ that harms public health and welfare.” The EPA said that a policy decision of this magnitude should be up to Congress, and “even if the U.S. were to eliminate all GHG emissions from all vehicles, there would be no material impact on global climate indicators through 2100. Therefore, maintaining GHG emission standards is not necessary for EPA to fulfill its core mission of protecting human health and the environment, but regardless, is not within the authority Congress entrusted to EPA.”

When the action was announced, there was a torrent of criticism.

“Today, the Trump administration repealed the endangerment finding: the ruling that served as the basis for limits on tailpipe emissions and power plant rules. Without it, we’ll be less safe, less healthy and less able to fight climate change — all so the fossil fuel industry can make even more money,” former President Barack Obama said on social media Feb. 12.

Dr. Georges C. Benjamin, executive director of the American Public Health Association, said that the EPA’s action to repeal the endangerment finding that greenhouse gases threaten the health of all communities undermines decades of science and rulings by federal courts, including the U.S. Supreme Court.

“Instead of protecting the public’s health from the dangerous and deadly effects of air pollution, including greenhouse gases emitted by new cars and trucks, this action will exacerbate the health threats we are already seeing from climate change, including increased heat waves, more air pollution and deadly wildfires,” Benjamin said in a statement.

Dr. Gretchen Goldman, president and CEO of the Union of Concerned Scientists, said in a statement that Zeldin “took a chainsaw to the Endangerment Finding, undoing this long-standing, science-based finding on bogus grounds at the expense of our health. Ramming through this unlawful, destructive action at the behest of polluters is an obvious example of what happens when a corrupt administration and fossil fuel interests are allowed to run amok.”

Goldman continued that the science establishing harm to human health and the environment from heat-trapping emissions was clear in 2009.

“More than fifteen years later, the evidence has only mounted as have human suffering and economic damages. Meanwhile, the continued burning of fossil fuels is causing global warming emissions to rise. The science, the facts and the law are unassailable: EPA has the obligation and the authority to regulate this pollution under the Clean Air Act, an act of Congress it’s now blatantly violating,” she said. “The transportation sector is the single largest source of U.S. global heat-trapping emissions. By scrapping vehicle global warming pollution standards today, the Trump administration has co-signed the release of more than 7 billion tons of planet-warming emissions nationally in the decades ahead.”

The “Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act” was published Feb. 18 in the Federal Register.

The same day more than a dozen groups filed a lawsuit in the D.C. circuit against the EPA, “over its illegal determination that it is not responsible for protecting us from climate pollution and its elimination of rules to cut the tailpipe pollution fueling the climate crisis and harming people’s health,” the Environmental Defense Fund announced last week.

“The finding supported commonsense safeguards to cut that pollution, including from cars and trucks. In addition, the agency eliminated the clean vehicle standards, which were set to deliver the single biggest cut to U.S. carbon pollution in history, save lives, and save Americans hard-earned money on gas,” continued the Environmental Defense Fund.

Clean Air Act

The Clean Air Act has given the EPA comprehensive authority to set standards for and regulate motor vehicle pollution since it was signed by President Richard Nixon Dec. 31, 1970.

Section 202(a), states that the administrator “shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.”

The act was amended in 1977 and 1990, expanding EPA authority.

In 2004, the agency initiated efforts to reduce greenhouse gas emissions. Then in 2007, in Massachusetts v. EPA, the Supreme Court found that greenhouse gases are air pollutants covered by the Clean Air Act.

By December 2009, the EPA had established the backbone for greenhouse gas emission rules with the final “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,” or the “endangerment finding.”

The EPA administrator had two conclusions: the “endangerment finding,” and the “cause or contribute finding.”

The endangerment finding that determined the current and projected concentrations of the six key well-mixed greenhouse gases — carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride — “in the atmosphere threaten the public health and welfare of current and future generations.”

The cause or contribute finding is that “the combined emissions of the six “well-mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution that threatens public health and welfare under CAA section 202(a).”

Rescission background

Rescinding the endangerment finding has been in the works for a year. Zeldin said in March 2025, that the agency was going to formally reconsider the 2009 endangerment finding and resulting regulations.

A fact sheet from the EPA explains that the agency was directed to review the legality and applicability of the endangerment finding.

“EPA carefully considered and reevaluated the legal foundation of the 2009 Endangerment Finding, the text of the CAA, and the Endangerment Finding’s legality in light of subsequent legal developments and court decisions,” the agency states. “The agency concludes that Section 202(a) of the CAA does not provide EPA statutory authority to prescribe motor vehicle emission standards for the purpose of addressing global climate change concerns. In the absence of such authority, the Endangerment Finding is not valid, and EPA cannot retain the regulations that resulted from it.”

Zeldin reiterated the argument during the Feb. 12 press conference, saying that Congress never voted for the climate mandates in section 202 of the Clean Air Act.

“If Congress wants EPA to regulate the heck out of greenhouse gasses emitted from motor vehicles, then Congress can clearly make that the law, which they haven’t done, for good reason,” Zeldin said at the press conference. “We have now realigned EPA rulemaking to reflect the Clean Air Act exactly as it is written and as Congress intended, not as others might wish it to be, where our predecessors focused on trying to make and please a few fear mongering climate alarmists.”

‘Exhaustive Precedent’

Around the time a public comment period opened on the findings, Dena Adler, senior attorney at the Institute for Policy Integrity out of the New York University School of Law, and legal fellow Kate Welty, issued a 19-page brief, “Exhaustive Precedent: EPA’s Requirement to Regulate Motor Vehicle Emissions that Contribute to Dangerous Air Pollution” in July 2025.

They explain that the current administration’s reasons for repealing the emission standards, stating that the “EPA’s suggestion that motor vehicle greenhouse gas emissions may not legally ‘contribute’ to climate change because they comprise a small share of global emissions rests on a flawed understanding of Section 202.”

They write that the Clean Air Act controls pollution from both stationary sources such as power plants and factories and mobile sources such as cars and trucks. Section 202 requires EPA to regulate emissions from new motor vehicles “if the Administrator finds that they ‘cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.’”

The provision “authorizes EPA to regulate a variety of air emissions from new ‘motor vehicles,’ which encompasses cars, light-duty trucks (pick-up trucks and SUVs), heavy-duty trucks, buses, and motorcycles. Under this authority, EPA has been regulating air pollution from motor vehicles since the 1970s,” they continue.

With the 1977 revisions to the Clean Air Act, “Congress wanted EPA to consider how each source of emissions contributed to public health dangers, not limit the agency to regulating only source categories that emitted enough pollution to independently cause health harms,” Adler and Welty explain. “Any effort by EPA to now require that greenhouse gas emissions from new motor vehicles independently endanger public health and welfare would contradict the express Congressional intention described in the legislative history.”

Adler and Welty note that, in 2009, when the EPA concluded that greenhouse gas emissions endanger public health and welfare and that the greenhouse gas emissions from new motor vehicles contribute to climate change, “the agency found that new motor vehicles were responsible for over 23 percent of all U.S. greenhouse gas emissions and approximately 4 percent of all greenhouse gas emissions worldwide and concluded that either comparison was sufficient to meet the contribution standard of Section 202(a).”

In the time since, nothing has meaningfully changed to disturb this finding, as motor vehicles remain responsible for more than 23% of all U.S. greenhouse gas emissions, and greenhouse gas emissions from new motor vehicles “still make a meaningful contribution to climate change and unquestionably cause substantial damages in and of themselves. They also far surpass the levels of contribution that EPA has consistently recognized as sufficient to justify regulation in the past,” they wrote.

“The scale of greenhouse gas emissions from motor vehicles, EPA’s regulatory precedents under Section 202, and its reasoning under analogous Clean Air Act provisions all demonstrate that emissions from motor vehicles contribute to dangerous air pollution.”

Coastal effects

Southern Environmental Law Center Climate Analyst Jenny Brennan told Coastal Review last week that the lift of the endangerment finding “will almost certainly result in the worsening of climate change impacts that North Carolina communities are already struggling with — meaning sea level rise at faster rates, more rainstorms that drop massive amounts of water in just a few hours, and heatwaves that make it difficult for people to stay safe and healthy.”

Brennan continued that all these impacts will add stress to the already taxed infrastructure, such as roads, drainage systems and housing.

“Extreme heatwaves with even more air pollution, which is likely in the absence of the air regulation policies based on the endangerment finding, pose an even greater health hazard; heat plus air pollution makes it harder for even healthy people to breathe and is especially dangerous to people with asthma, heart conditions, or other medical conditions,” Brennan said.

Chemours’ air permit application to expand production at its Fayetteville Works plant excludes emissions data that should be disclosed to the public, environmental lawyers say.

The company “improperly withheld vital emission data from the public” in its Aug. 14 application to the North Carolina Department of Environmental Quality’s Division of Air Quality, according to a letter Southern Environmental Law Center attorneys sent the department last month.

“We urge the Department to require Chemours to re-submit its application with disclosed emissions data,” the Sept. 19 letter states. “North Carolina law clearly states that emission data cannot be kept secret.”

Jess Loizeaux, Chemours’ communications leader, refuted that claim, writing in an email responding to a request for comment, “our permit application fully disclosed the projected emissions associated with the expansion.”

“Certain details included in the application submitted to DAQ – such as production capacity, operating hours, and emissions factors – were redacted from the public version because they are considered confidential business information and, if made public, could harm our competitive position,” Loizeaux said. “Protecting confidential business information is standard practice and does not affect transparency regarding environmental impacts.”

Attorneys for Chemours and its predecessor company DuPont made a similar argument earlier this year when they filed a court motion to keep under seal thousands of pages of documents they say include “non-public facts” that largely pertain to chemical production.

Lawyers representing public utilities and local governments downstream of Chemours’ Bladen County plant submitted 25,000 pages of documents to the U.S. District Court for the Eastern District of North Carolina as part of lawsuit those entities brought against the companies in October 2017.

Cape Fear Public Utility Authority, Brunswick County, Lower Cape Fear Water & Sewer Authority, and Wrightsville Beach aim to recover costs and damages associated with the Fayetteville Works’ plant’s discharges of per- and polyfluoroalkyl substances, or PFAS, for decades into the Cape Fear River. The river is a drinking water source for tens of thousands of residents in the region.

The court had not rendered a decision on Chemours’ request as of this story’s publication.

In 2020, Chemours submitted an application to renew its Title V permit, which applies to major source of air emissions, for its Fayetteville Works plant to the state Division of Air Quality.

Two years later, the company applied for a separate permit to expand its production of vinyl ethers and IXM.

Chemours revised and resubmitted that permit application to expand only its production of vinyl ethers last August. Vinyl ethers are a class of compounds used to create a variety of products used in a range of technologies from semiconductor chips to aviation components.

Vinyl ethers are used to create a wide variety of products, including polymers for adhesives, coatings, and plastics

The expansion would pertain to the plant’s two existing vinyl ethers production units, Loizeaux said.

“As outlined in the revised permit application, additional abatement technology will be installed alongside each expansion and is projected to decrease the site’s overall fluorinated emissions by approximately 15%, despite an increase in production,” she said. “A timeline for the expansions has not yet been set.”

Southern Environmental Law Center attorneys argue in their Sept. 19 letter to DEQ that Chemours is violating provisions within the state law that outlines protection and disclosure rules for confidential information.

The application, “blacks out emission rates from stack testing, uncontrolled emission factors, hours of operation, maximum hours of operation, historic production, and post-modification production capacity. The information is necessary to verify and fully understand the emissions and authorized emissions at the facility and cannot be withheld from the public,” according to the letter.

The letter goes on to state that Chemours previously disclosed similar information in previous submissions to DEQ.

“Chemours’ about-face from its past submissions further confirms that this information cannot be treated as confidential,” the letter states.

Last April, the SELC, on behalf of Cape Fear River Watch, asked DEQ to deny Chemours’ request to expand production at its Bladen County plant, arguing that the company’s air permit application was riddled with flaws.

As part of 2019 consent order with DEQ and Cape Fear River Watch, Chemours installed a thermal oxidizer to capture and destroy PFAS from emitting into the air. The order also requires the company to test tens of thousands of private drinking water wells for PFAS contamination throughout the region.

In a 20-page letter to DEQ, SELC attorneys argue Chemours questioned the efficacy of thermal destruction technology on PFAS.

“Investigating Chemours’ thermal oxidizer specifically, [the U.S. Environmental Protection Agency] determined that, due to a lack of data, ‘removal processes for products of incomplete combustion or of destruction of potential compounds not studied … are still unclear.’ In other words, it is possible that the company’s thermal oxidizer does not fully destroy many PFAS. Some may break down into other harmful chemicals, and others may not be destroyed at all,” the letter states.

DEQ Interim Deputy Communications Director Shawn Taylor said in an email earlier this month that while air quality officials deem the latest version of Chemours’ application administratively complete, “the Division may require additional information from the applicant to conduct its technical review.”

“The Division plans to schedule a full public engagement process, including a public comment period and public hearings, to be announced at a later date,” he said.

An Onslow County-based fishing charter is among this year’s recipients awarded a total of $1.14 million in grants for projects aimed at reducing air pollution from diesel-powered engines.

Nancy Lee III Fishing Charters LLC in Swansboro has been awarded $88,000 to replace two tier-0 1978 model diesel propulsion engines with new tier-3 low-emission diesel engines, the North Carolina Department of Environmental Quality’s Division of Air Quality announced Wednesday.

“This project eliminates 1,100.16 tons of lifetime CO₂ emissions and reduces 1.56 tons of lifetime NOx emissions,” according to a DAQ release.

The fishing charter is among nine recipients of the 2024 Mobile Source Emissions Reduction grants, which are funded by the U.S. Environmental Protection Agency’s Diesel Emissions Reduction Act program. The federal program supports projects designed to significantly reduce diesel emissions.

Projects awarded this year will replace or retrofit 20 older diesel vehicles and equipment with cleaner alternatives, including new electric vehicles.

Other grant winners include:

• Cumberland County: $289,380 to replace an international box truck, crawler dozer and rubber tire dozer with new, modern equipment.
• Delta Air Lines Inc. in Wake County: $268,248 to replace six tier 1 and tier 2 diesel belt loaders with zero-emission electric belt loaders.
• Espinoza Hauling and Trucking Co Inc. in Swain County: $185,991 to replace a 1999 tier 1 cold milling machine with a 2025 CARB-certified tier 4 cold milling machine.
• Fortner Contracting Inc. in Swain County: $62,039 to replace a 1992 tier 0 off-road wheel loader with a 2025 tier 4 rubber tire loader.
• The HMC Paving and Construction Co Inc. in Swain County: $19,913 to replace a 2008 tier 0 diesel truck with a new CARB-certified EPA tier 4 2024 ULSD truck.
• Progress Freight Lines Inc. in Wake County: $100,000 to replace two older diesel Class 8 trucks with new, cleaner technology.
• Carrboro in Orange County: $6,951 to replace a 2005 utility terrain vehicle with an electric model.
• Waste Management of Carolinas, Inc. in Buncombe County: $120,000 to replace four diesel vehicles with heavy duty near-zero emission compressed natural gas vehicles.

Projects that were awarded this year’s grant funding are projected to eliminate more than 3,400 tons of greenhouse gas emissions over their lifetimes and reduce more than 57 tons of nitrogen oxides and 7,700 pounds of fine particulate matter across all projects.

DAQ awards the grants each year to projects that will replace, retrofit or repair diesel-powered mobile sources to reduce emissions.

Projects funded through the 2023 Mobile Sources Emissions Reductions Grant replaced 18 vehicles and reduced more than 43 tones of lifetime NOx emissions and more than 3,000 tons of lifetime CO2 emissions.

The state commission that adopts rules to protect natural resources is expected to hear this week updates on existing measures to improve air and water quality, but the bulk of the July 9-10 meeting will concentrate on the mandated periodic review process for several existing rules.

The Environmental Management Commission Committee meetings are scheduled to begin at 9 a.m. Wednesday and the full commission is to meet at 9 a.m. Thursday, both in the Archdale Building in Raleigh.

The North Carolina Department of Environmental Quality acts as staff and enforces rules for the commission. Meeting agendas and supporting documents, as well as steps to join the meeting virtually or by phone can be found on the commission’s website. 

When the full commission meets Thursday, members are to decide on moving through the multiple steps required to satisfy a general statute that requires existing state rules be reviewed every 10 years.

The rules under review include how the Environmental Management Commission is organized, water resources programs, and streams and wetlands mitigation. The full commission is also to hear an update on the Tar-Pamlico Wastewater Discharge Requirements Rule and progress on a nutrient criteria development plan.

Information on recent Environmental Protection Agency actions is to be delivered during committee meetings.

During the air quality committee meeting at 9:30 a.m. Wednesday, Division of Air Quality Director Mike Abraczinskas is to give an overview of recent EPA actions relating to federal air quality regulations.

The National Pollutant Discharge Elimination System, or NPDES, committee is expected to review and discuss at its 12:30 p.m. Wednesday meeting the existing agreement between the state and the EPA on the permitting program.

On the state level, during the 10:45 a.m. groundwater and waste management committee meeting, DEQ staff will review the “2024-2034 NC Solid Waste and Materials Management Plan,” which assesses the status of solid waste and materials management in the state.

Those interested in attending the 10th annual NC BREATHE Conference “dedicated to strengthening community health and environmental resilience across North Carolina” in Charlotte this fall can take advantage of early bird registration.

Cost to attend the in-person event scheduled for Oct. 8-9 at the Harris Conference Center in Charlotte is $350 until July 31, when the rate will increase to $450. Student rate is $100 and for impacted community members. Registration, which can be completed on the organization’s website, includes breakfast, lunch, and light snacks for both days of the conference.

Organized by CleanAIRE NC, AIRE stands for Action and Innovation to Restore the Environment, the Charlotte-based advocacy group “is working to protect North Carolina’s air quality and ensure that people have clean air to live healthier, happier lives.”

Keynote speakers include Dr. Sacoby Wilson, Dr. Shaneeta M. Johnson and Charles Lee.

Wilson is a professor with the Department of Global, Environmental, and Occupational Health and Department of Epidemiology and Biostatistics in the University of Maryland, College Park School of Public Health where directs The Health, Environmental, and Economic Justice, called THE EJ Lab. 

Johnson is an associate professor of surgery, director of the Minimally Invasive and Bariatric Surgery Program, and Residency Associate Program director at Morehouse School of Medicine in Atlanta.

Lee has been a name in environmental justice for five decades. He spent two of those decades with the Environmental Protection Agency, most recently serving as deputy associate assistant administrator for Environmental Justice. According to a LinkedIn post, Lee’s last day with the federal agency was March 31.

The theme for this year’s two-day event “explores the intersection of planetary and human health and community resilience. Planetary health highlights how human activities significantly impact our environment, which in turn affects our health and well-being,” organizers said. “Building community resilience — the capacity to adapt and recover from environmental disruptions like natural disasters or climate change — is crucial for withstanding threats to planetary health and tackling global challenges like climate change.”

ClearAIRE NC has hosted the annual NC BREATHE Conference since 2015 in various cities around the state.

State officials are reminding folks that the open burning of trash, metal, plastic and all other human-made materials not only harms the environment and poses a public health risk, it’s against the law.

Careless debris burning is the leading cause of wildfires in North Carolina, and the North Carolina Department of Environmental Quality’s Division of Air Quality has issued a reminder that, “If it doesn’t grow, don’t burn it.”

Open burning is only allowed in limited circumstances and only for vegetative materials like leaves, limbs and yard debris.

The open burning rule, the state’s oldest air quality regulation, limits what can be burned outdoors and when.

The rule also stipulates the following:

• Residential yard waste and commercial land clearing burning can only occur between 8 a.m. and 6 p.m. No new vegetation can be added to a burn pile after 6 p.m.
• Burning is only allowed when the air quality forecast is Code Green or Code Yellow. Burning on Code Orange, Red or Purple days is prohibited. Check your county’s air quality forecast at the online Air Quality Portal.
• Yard waste must originate at a private residence and be burned on that site. In other words, residents can only burn vegetation from their own yard — not yard waste from other homes or locations.
• Burning of yard waste is only allowed if permitted under local ordinances and only if public pickup of yard debris is not available.
• Campfires, outdoor cooking fires and bonfires are permissible, unless prohibited by local ordinances or temporary burn bans, provided that only vegetation such as firewood is burned. Fires must be controlled and never left unattended.

Amid the ongoing cleanup from Hurricane Helene in western North Carolina, special provisions are in place through the end of March “to help facilitate efficient and safe processing of vegetative disaster debris in impacted counties,” officials said. While grinding or chipping wood debris is preferable, guidance for burning debris is available online.

Commercial land clearing operations are also limited by the open burning rule. Land clearing is the uprooting or clearing of vegetation in connection with construction, development or mining, or the initial clearing of vegetation to enhance property value. Officials said the burning of this debris must comply with all open burning rules, including the following restrictions:

• The vegetation should originate on the site where the burn is taking place. (Land clearing waste can be transported and burned at another site up to four times a year only if specific conditions in the open burning rules are met).
• Kerosene or diesel fuel may be used to start a land-clearing fire, but no other man-made materials can be burned.
• Land clearing burn piles must be at least 500 feet from occupied structures and at least 250 feet from any public road when the prevailing winds are blowing toward the road. Information on wind direction is available from the National Weather Service.

The Division of Air Quality enforces the state open burning rule, partnering with local law enforcement, firefighters and fire marshals, and the N.C. Forest Service to ensure compliance. Violators can be fined up to $25,000 per violation per day. To submit an open burning complaint, contact the DEQ Regional Office that serves your county. Anonymous complaints can be submitted via an online tool.

The N.C Forest Service may require an open burning permit before certain fires are lit, including fires in protected areas. The Division of Air Quality does not issue burn permits. Burn permits are available through the N.C. Forest Service’s online application at ncforestservice.gov/burnpermit or by contacting a local N.C. Forest Service county office or local permitting agent. For more information, contact the N.C. Forest Service.

County and municipal governments may have more stringent burning restrictions than state law. Contact your local officials to learn what burning rules may be in place where you live.

The open burning rule includes exceptions for certain special burns, including firefighter training exercises and prescribed burns.

The Environmental Management Commission, when it meets this month, is to consider approving a public notice and hearing on proposed revisions to wastewater-discharge rules put in place to reduce fish kills, harmful algal blooms and other longstanding water quality problems in the Pamlico estuary.

The commission’s committees are to start meeting at 8:45 a.m. Wednesday, Nov. 13, and the full commission is set to meet at 9 a.m. Thursday, Nov. 14, both in the ground-floor hearing room of the Archdale Building in Raleigh.

The public is welcome to attend the meeting in person, by phone or livestream. Instructions for how to join as well as the agendas and supporting documents are on the commission website.

The commission oversees and adopts rules for several divisions of the Department of Environmental Quality, including the divisions of Air Quality, Land Resources, Waste Management and Water Resources.

The commission in 1989 designated the entire Tar-Pamlico River watershed as nutrient-sensitive waters because of the problems choking its marine life.

In 1990, the Division of Water Resources and the commission signed an agreement with the Tar-Pamlico Basin Association, a group of point-source wastewater dischargers. The current version of the agreement expires next year.

A point-source discharge is “any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship or factory smokestack,” according to the Environmental Protection Agency.

The commission adopted in 2001 the Tar-Pamlico Nutrient Strategy, a set of rules designed to regulate nutrient pollution from wastewater, stormwater and
agricultural nutrient sources.

Officials say that the agreement’s renewal would continue work toward nutrient point-source reduction objectives and provide a clear regulatory path.

Also on the slate for the two-day session, the air quality committee is scheduled to meet first on Nov. 13, followed by water allocation, water quality and groundwater committees.

Each committee is expected to consider approving steps of the rulemaking process for a handful of permit changes. The water quality committee is to hear updates on per- and polyfluoroalkyl substances, or PFAS, source reductions and minimization plans based with a focus on the steps Michigan has put in place, and on 1,4-dioxane.

North Carolina Environmental Management Commission members are to continue their discussion on regulating toxins in the air and water during the commission’s meeting this month.

Commission committees are scheduled to begin at 9 a.m. Wednesday, July 10. Agenda items include the North Carolina Department of Environmental Quality’s proposed groundwater and surface water standards for per- and polyfluoroalkyl substances, or PFAS, and a semi-annual progress report on 1,4 dioxane in the Cape Fear River Basin.

At the full commission meeting set for 9 a.m. Thursday, July 11, members are to consider moving forward in the rulemaking process to revise ambient air quality standards and the periodic review of administering the dry cleaning solvent cleanup fund.

Meetings will take place in the Archdale Building in Raleigh and be streamed online. Webinar information, including the link, and meeting agendas and materials are on the website.

This commission oversees and adopts rules for several divisions of the Department of Environmental Quality, including the Divisions of Air Quality, Land Resources, Waste Management and Water Resources.

WILMINGTON — The N.C. Department of Environmental Quality’s Division of Air Quality said Wednesday it had granted a Title V air quality permit to CTI of North Carolina Inc. for its newly acquired Wilmington Terminal.

On Dec. 1, Colonial Terminals Inc., a division of Savannah-based Colonial Group Inc., acquired the Buckeye Terminal at 1312 S. Front St. on the Cape Fear River. The terminal, which has about 550,000 barrels of storage capacity, is next to an existing bulk terminal that CTI owns and operates.

The new air quality permit increases the permit class for the facility from synthetic minor to Title V, which the division said was required due to the ownership change. CTI of North Carolina’s neighboring major source bulk chemical terminal with its own Title V air quality permit at 1002 S. Front St., and the former Buckeye Terminal are now considered a single entity for permitting purposes.

The division said the new permit does not include any physical or operational changes. CTI plans to continue operating the Wilmington Terminal facility with the existing throughput limits and existing control devices, including vapor combustion units that reduce emissions of volatile organic compounds. Emissions will not increase, officials said.

As a major source Title V facility, the Wilmington Terminal, according to the division, is now subject to more frequent inspections and more stringent reporting and recordkeeping requirements. The final permit includes conditions that ensure ambient levels of all pollutants beyond the facility’s fence line comply with emission standards, including applicable health-based standards.

CTI said in December that the deal increased its storage infrastructure in Wilmington to more than a million barrels, 70 acres and over a half mile of river frontage. The terminals store products including industrial and specialty chemicals and petroleum.

“Wilmington is a gateway to the growing Southeastern US market, and we believe this acquisition strongly positions our team to support current and new customer growth far into the future,” said CTI President Ryan Chandler, in the December announcement.

With the addition of the new facility, CTI now operates seven terminals, five in Georgia and two in Wilmington, with a total liquid capacity of approximately eight million barrels and a total dry capacity of approximately 200,000 tons of vertical storage, 400,000 square feet of covered flat storage, and significant outside storage acreage. Each terminal is strategically located in close proximity to a world-class container port and provides access to ocean and landside (road and rail) logistics networks, as well as global and regional sourcing and distribution pathways.

The division said it conducted enhanced public engagement to solicit comments on a draft of the air permit, sharing project information in English and Spanish with local governments, health departments, places of worship, schools, day cares and community organizations.

Division staff thoroughly reviewed the comments received and addressed all comments in the final permit review, according to the announcement.

Copies of the final permit, final permit review, final environmental justice report, permit application, and a one-page project fact sheet are available online.

Two Wilmington firms are among the recipients of grants for projects to reduce air pollution from diesel-powered vehicles and other mobile equipment.

The North Carolina Department of Environmental Quality announced Monday that its Division of Air Quality had awarded a total of $1.11 million in grants, including $40,000 to Waste Management of Carolinas Inc. and $97,933 to Southeast Crescent Shipping Co., both of New Hanover County.

The division awards Mobile Source Emissions Reduction Grants yearly for projects to replace, retrofit or repair diesel vehicles and reduce emissions. It said the awards this year would replace 18 older diesel vehicles with what it called “cleaner alternatives,” with the majority, more than $866,000, going toward new electric vehicles.

In total, the awards this year will reduce greenhouse gas emissions by more than 3,000 tons over their lifetimes. They will also eliminate more than 43 tons of nitrogen oxide and 4 tons of particulate matter, officials said.

Waste Management is to use the grant money to replace two diesel freight refuse haulers with two low-nitrogen oxide compressed natural gas refuse haulers. The agency said this project reduces 0.49 tons of lifetime nitrogen oxide emissions associated with diesel combustion engines.

Southeast Crescent Shipping Co.’s grant is for replacing four diesel port forklifts with new, cleaner technology, a move that will cut lifetime nitrogen oxide emissions by 5.33 tons.

Applications for the 2023 Mobile Source Emissions Reduction grants closed in February. Electrification projects, projects in historically under-resourced counties or environmental justice communities, and projects submitted by minority-owned or women-owned businesses received bonus points during the scoring of applications, officials said.

The grants are funded by the Environmental Protection Agency’s Diesel Emissions Reduction Act, or DERA, program, which supports projects designed to achieve significant diesel emissions reductions. This year, EPA prioritized funding for goods-movement facilities, environmental justice and disadvantaged communities, project resilience to climate impacts and workforce development.

DEQ said diesel engines, particularly older equipment, emit pollution that can contribute to health conditions including asthma and heart and lung disease. The agency also cited damage to crops and other vegetation, formation of acid rain, impaired visibility, and further climate change and global warming as risks of diesel emissions.

For more information about the Mobile Sources Emissions Reduction grant program, visit the division’s website.

With a sizable cargo ship docked Wednesday at the N.C. Port at Wilmington on the Cape Fear River in the background, Environmental Protection Agency Administrator Michael Regan announced the launch of a federal program to improve air quality at U.S. ports.

Regan was joined by Gov. Roy Cooper, Wilmington Mayor Bill Saffo and North Carolina State Ports Authority Board of Directors Chair Susan Rabon at the morning press conference to announce the $3 billion Clean Ports program.

“Ports like this one right here in Wilmington are essential for commerce and are vital to our nation’s economic growth and supply chain infrastructure,” Regan said, adding that at the same time, many people residing near and around the nation’s ports are exposed to unhealthy air.

“So today, we’re proving once again,” Regan continued, that environmental protection and economic prosperity can go hand in hand. “And that’s why I’m excited to announce that EPA is launching our $3 billion Clean Ports Program.”

The funding through the Inflation Reduction Act that President Joe Biden signed into law in 2022, “will advance environmental justice by reducing diesel pollution from U.S. ports in surrounding communities, while creating good-paying jobs,” according to the EPA.

Regan said the money will go to purchase zero-emissions port equipment and infrastructure upgrades, while supporting both climate and air pollution-reduction strategies at all U.S. Ports.

“This program will lay the groundwork for transformational change by encouraging a transition to zero-emissions operations and reducing diesel pollution in and around our poor communities,” he said.

Regan said the EPA is releasing two notices of funding opportunities. The first pot of money includes $2.8 billion to facilitate the transition to zero-emissions equipment and infrastructure to reduce emissions nationwide. The second is close to $150 million for climate and air quality planning activities at ports to help build capacity for the ongoing transition to zero-emission port operations.

The announcement is more than just an investment in the economy, Regan said, “it’s an investment in President Biden’s pledge and commitment to environmental justice.”

Through the president’s investments “we are ensuring that those who live near ports can finally breath cleaner, healthier air. We are reimagining clean technology, and revolutionizing our nation’s port infrastructure, while addressing climate and environmental justice concerns.”

Before Regan spoke, Rabon of the ports authority board said the facility in Wilmington, the deep-water port in Morehead City and the inland operation in Charlotte, combined to support more than 88,000 direct and indirect jobs, and the work at the authority contributes $660 million annually to local and state tax revenues.

“Businesses need access to the global markets where their products are sold, and where their resources are found,” she said. “The authority provides that access making North Carolina ports are a key factor in our state’s phenomenal economic growth.”

Rabon added that while the ports authority is focused on growing business, “we’re committed to doing so in an environmentally conscious manner that preserves this area we are fortunate enough to call home.”

Gov. Cooper, during his remarks, described the Biden administration’s infrastructure policies as “generational.”

“We’ve been waiting for them for decades and now they’re finally here,” he said of the federal funding for roads, bridges, airports, rail and public transportation, high-speed internet, clean water systems and clean energy jobs. “And of course, our ports, will improve our state for decades and generations to come.”

The funding announced Wednesday means a cleaner work environment for those working at ports, will help make the communities around the ports cleaner and “will help us further our goals of environmental justice,” Cooper said.

Regan said after the announcement that the administration wants to get the money out as quickly as possible. “I feel very strongly that one $3 billion is a lot of money. There’s enough to go around. We’re going to see strong applications all across the country.”

EPA officials said the Clean Ports Program will help advance the Justice40 Initiative, which has a goal for “40% of the overall benefits of certain federal investments in climate, clean energy, and other areas flow to disadvantaged communities that are marginalized by underinvestment and overburdened by pollution.”

The agency said it has strived to ensure that near-port community engagement and equity considerations are program priorities. That focus has included evaluating applications on the extent and quality of community engagement efforts.

The nearly $2.8 billion Zero-Emission Technology Deployment Competition will directly fund zero-emission port equipment and infrastructure to reduce mobile source emissions at U.S. ports, according to the EPA.

Eligible uses of the funding include human-operated and maintained zero-emission cargo handling equipment, harbor craft and other vessels, electric charging and hydrogen fueling infrastructure, and a number of other technology investments. Applications are to be evaluated under multiple tiers in order to ensure that funds are distributed across ports of different sizes and types, and to ensure funding for ports serving Tribal communities, officials said.

The approximately $150 million Climate and Air Quality Planning Competition will fund climate and air quality planning activities at U.S. ports, including emissions inventories, strategy analysis, community engagement, and resiliency measure identification.

“Together, these opportunities will advance next-generation, clean technologies that will more safely and efficiently drive the movement of goods and passengers at our nation’s ports, a critical part of America’s supply chain infrastructure while reducing pollution and advancing environmental justice,” the EPA said in its announcement.

According to the Sierra Club, research has shown that diesel pollution contains more than 40 cancer-causing substances, including benzene and formaldehyde. The group cited links to asthma, heart disease and premature death. 

“We continue to see vast clean transportation benefits moving out of the Inflation Reduction Act. Ports are a lesser talked about topic within the transportation sector – cleaning them up is crucial work,” Katherine García, director of Sierra Club’s Clean Transportation for All campaign, said in a statement. “This EPA program builds on the Department of Transportation’s ports program with necessary zero-emission investments that will bring significant health and air quality benefits.”

Businesses and organizations from the public and private sector are eligible to apply for grants to fund projects that reduce emissions from diesel engines.

More than $1.1 million is available to fund eligible projects through the Mobile Sources Emissions Reductions grant program.

The North Carolina Department of Environmental Quality’s Division of Air Quality will accept grant applications through DAQ’s online Grant Management System no later than 11:59 p.m. Feb. 2, 2024.

The grant request for proposals guidance, along with information on how to apply, are on the division’s website. To guarantee enough time to apply, new users to the Grants Management System should request online access before Jan. 15, 2024.

The annual grants are often awarded to replace or repower with new, clean equipment and vehicles school buses, nonroad construction and agricultural equipment, heavy-duty on-road vehicles and locomotives. Clean vehicles emit less greenhouse gas, nitrogen oxide and particulate matter than old diesel engines, officials said.

Projects to replace diesel vehicles with electric vehicles receive bonus points during the scoring process. Bonus points are available for projects in environmental justice communities or historically under-resourced counties, as well as to projects submitted by minority-owned or women-owned businesses.

To assist applicants with the process, DAQ will hold informational webinars on Dec. 1 to review the Request for Proposals guidance, eligibility criteria, cost-shares and application requirements. The second webinar Jan. 10 will review the application process and how to use the DAQ Grants Management System. Registration for both webinars is required and can be done online.

The 2023 Mobile Sources Emissions Reductions grant program is funded by the U.S. Environmental Protection Agency’s Diesel Emissions Reduction Act program. The purpose is to support projects designed to achieve significant diesel emissions reductions. These include emissions of nitrogen oxides and particulate matter.

For more information about the Mobile Sources Emissions Reductions grant program, email daq.mscb.ncdaqgrants@deq.nc.gov.

If you need this information in Spanish or another language, call 919-609-2189 or email to Guadalupe.Jimenez@deq.nc.gov.

The Chowan Environmental Edenton Group is planning an event to present findings from air quality sensors in place throughout the region.

The event is set for 5:15 to 6:15 p.m. Monday at the Shepard-Pruden Memorial Library, 106 W. Water St., Edenton.

The group said more community scientists are needed to help monitor changes to the environment, and invites anyone who has an interest in air and water quality to attend.

The presentation by the group’s research partner scientists Haley Plaas and Rachael Cogbill of the University of North Carolina Chapel Hill will include findings from the PurpleAir sensors deployed in the area. The discussion will cover how air particles are measured and the challenges of interpreting the data collected.

The program is sponsored as a part of a Community Collaborative Research Grant from North Carolina Sea Grant, the North Carolina Water Resources Research Institute and the Kenan Institute for Engineering, Technology & Science at North Carolina State University.

The Chowan Environmental Edenton Group was organized for charitable, scientific and education purposes. Regular meetings are held to plan community events, discuss relevant environmental issues for the region and build collaboration strategies with local and statewide partners.

Two state Environmental Management Commission committees are set to hear this week overviews on PFAS rulemaking and monitoring.

Committee meetings are scheduled for Wednesday and the full commission meeting is scheduled for Thursday in the Ground Floor Hearing Room of the Archdale Building in Raleigh. The public can attend in person or by remote access.

During the air quality committee meeting set to start at 9 a.m. Wednesday, members are to hear an overview about the Division of Air Quality’s permitting and technical services programs.

At 10:45 a.m. Wednesday, the groundwater and waste management committee is to be presented an overview of groundwater quality standards, including how they are calculated and developed, and on upcoming perfluoroalkyl and polyfluoroalkyl substances, or PFAS, rulemaking.

The water quality committee is to meet at 1 p.m. Wednesday for an introduction to the 2023-2025 surface water quality standards triennial review, a brief overview of PFAS standards rulemaking, and an overview of statewide PFAS monitoring of ambient groundwater.

The full commission is scheduled for 9 a.m. Thursday. The commission is to hear a request for approval of the hearing officer’s report to reclassify surface waters in the Watauga River Basin, approve appointments of members to the Water Pollution Control System Operators Certification Commission, and continue with its project to clean up rules containing minor errors.

Agendas for all meetings are on the Environmental Management Commission webpage.

The Environmental Management Commission is responsible for adopting rules for the protection, preservation and enhancement of the state’s air, land and water resources.

The commission oversees and adopts rules for the divisions of Air Quality; Energy, Mineral and Land Resources; Waste Management and Water Resources, under the North Carolina Department of Environmental Quality.

State officials Friday issued air quality alerts for areas downwind of a 3,500-acre fire in the Green Swamp Game Land and Green Swamp Nature Preserve in Brunswick County.

The fire on Pulp Road, east of N.C. Highway 211 north of Supply, was 0% contained as of 8 p.m. Thursday, according to the North Carolina Forest Service’s most recent update on the website.

“The N.C. Wildlife Resources Commission conducted a prescribed fire on game lands Tuesday, June 13. That fire is believed to have escaped, resulting in this wildfire. As to how the escape happened, that remains under investigation,” according to a Forest Service social media post Thursday evening.

Officials explained Thursday afternoon that there were 25 operational resources working the fire including multiple tractor plow strike teams. At the time, a Type 3 incident management team was being mobilized and there were no injuries and no structures threatened.

The North Carolina Department of Environmental Quality’s Division of Air Quality warned Friday morning that smoke from the fire has the potential to create unhealthy air quality and has put in place a Code Red alert for Brunswick County and a Code Orange alert for New Hanover and Pender counties through 11:59 p.m. Friday.

The alerts indicate potentially high levels of fine particle pollution. Code Red means there is unhealthy air quality for everyone and for Code Orange, people sensitive to air pollution should reduce their time outdoors.

“Your eyes and nose can be your best air quality monitors when it comes to wildfire smoke. If you see or smell smoke, and visibility is degraded because of smoke, you should consider limiting your exposure by moving your activities indoors,” according to the Division of Air Qualty.

The Nature Conservancy has closed the Green Swamp Nature Preserve because of the wildfire for public safety.

Update noon June 9:

As smoke from Canadian wildfires travel south, officials determined that Wake County, the northern coastal plain, and the Triad region are under a Code Orange Air Quality alert until 11:59 p.m. Friday because of fine particle pollution.

Localized but high fine particulate matter readings prompted the air quality forecast for these areas to be upgraded from Thursday night’s forecast of Code Yellow, to a Code Orange, officials said late Friday morning.

The coastal counties under Code Orange are Halifax, Edgecombe, Wilson, Martin, Northampton, Bertie, Hertford, Gates, Chowan, Perquimans, Pasquotank, Camden and Currituck.

Wake, Randolph, Davidson, Davie, Alamance, Guilford, Forsyth, Caswell, Rockingham, Stokes, Johnston, Franklin, Nash also are under Code Orange, but the rest of the state is in the Code Yellow range for fine particulates.

State law prohibits the open burning of yard waste and other vegetative matter on Air Quality Action Days, defined as Code Orange or above.

As weather pushes more smoke away, PM2.5 and ozone levels should hold in the Code Yellow range on Saturday, and could return to healthy Code Green levels by Sunday. The forecast is subject to change, and state meteorologists are to continue monitoring conditions.

Visit the Air Quality Portal online for the latest air quality forecast.

10:30 a.m. June 8 update, “Code Orange air quality alert remains for entire state” below:

A Code Orange air quality alert remains in effect statewide until 11:59 p.m. Friday for particle pollution because of smoke and fine particle pollution from Canadian wildfires.

The North Carolina Department of Environmental Quality’s Division of Air Quality and the Forsyth County Office of Environmental Assistance and Protection issued the alert for the entire state around 6 p.m. Wednesday evening.

The alert remains valid at the time of the department’s 10 a.m. update, according to the website.

Looking ahead, officials forecast for Friday that Code Orange fine particulate conditions will continue. On Saturday, the low pressure system hovering over the northeast US is expected to move eastward, allowing for some relief in the afternoon and evening.

Both fine particulate and ozone concentrations should hold in the Code Yellow range on Saturday.

June 6 update, “DEQ forecast Code Red or Orange air quality statewide,” below:

Because of rapidly rising levels of fine particle pollution attributed to smoke from active wildfires in Canada, all of North Carolina on Wednesday will be under a Code Red or Code Orange Air Quality Action Day, officials said around 5 p.m. Tuesday.

The new air quality forecast takes effect at midnight Wednesday.

North Carolina Department of Environmental Quality’s Division of Air Quality and the Forsyth County Environmental Assistance and Protection issue the air quality alerts.

The Code Red alert covers much of central North Carolina, including Charlotte, the Triangle and the Triad regions. Code Red on the Air Quality Index represents unhealthy air quality for everyone.

The rest of the state, including eastern and western regions, are forecast to reach on Wednesday Code Orange levels.

Sensitive populations including older adults, younger children and those with respiratory conditions such as asthma may experience health impacts when outdoors for prolonged times.

The air quality forecast for Tuesday remains in the Code Orange range for most of the state and Code Yellow for several southeastern counties.

Original post “DEQ issues Code Orange air quality alert for most of NC” published at 3 p.m. Tuesday:

A Code Orange air quality alert is in effect for most of the state, including northeastern North Carolina, through midnight Wednesday because of smoke and fine particles from active wildfires in Canada.

The North Carolina Department of Environmental Quality’s Division of Air Quality and the Forsyth County Environmental Assistance and Protection issued the air quality action day that went into effect at noon Tuesday. Action days are issued when the Air Quality Index is in unhealthy ranges, according to the U.S. Air Quality Index.

Most North Carolina counties are under the Code Orange alert except for Robeson, Bladen, Sampson, Duplin, Lenoir, Beaufort, Columbus, Brunswick, New Hanover, Pender, Onslow, Carteret, Jones, Craven and Pamlico counties, which are in the upper Code Yellow range.

Officials said they will review the forecast for these counties later in the day Tuesday to determine if they should be updated to a Code Orange as well.

Code Orange on the Air Quality Index indicates the potential for elevated levels of particle pollution that could impact sensitive populations, including older adults, younger children and those with respiratory conditions such as asthma. These groups may experience health impacts when outdoors for prolonged times during these conditions and are recommended to limit prolonged or heavy exertion outdoors.

People sensitive to air pollution may consider limiting their outdoor activities during a Code Yellow alert.

Smoke and accompanying high levels of fine particulates are being carried downwind from Canada into North Carolina. As the smoke continues to build in the state, high levels of fine particles are expected to mix near ground level, officials said Tuesday.

Fine particulate matter, known as PM2.5, is made up of particles smaller than the width of a human hair. These particles can reach deep in the lungs and aggravate asthma and other lung conditions, and have also been linked to heart conditions.

DAQ monitors and forecasts ozone and PM2.5 daily using the Air Quality Index, along with the corresponding color codes to help North Carolinians plan their outdoor activities.

Next day and extended information is issued by 3 p.m. with a morning update by 10 a.m.

For the latest air quality information, visit the Air Quality Portal online. DEQ’s website has a list of resources for keeping safe around wildfire smoke.

Part of a series on pollinators.

Spring is the time of year when things start growing and blooming. It’s also when pollinators like bees come out and get to work.

An awareness campaign called “No Mow May” is urging people not to mow their lawns this month, or even this whole season, as a way to help make sure that these pollinators have enough to eat. Many of the small flowers that pop up in the spring can provide a critical food source for bees. Mowing these blooms robs the bees of this potential sustenance.

Bees are critical to the health of our ecosystems, but they are also in trouble.

Wild bee populations have experienced substantial declines due to factors including urbanization, pesticides and undiversified agriculture. Increased urbanization has led to the fragmentation of pollinator habitat — a widening in the space between areas where bees can find food or live. Without bees, our food system would never be the same.

“(When) we think of habitat loss, we think of forests being logged and things being plowed and built on,” said Matthew Shepherd, director of outreach and education for the Xerces Society of Invertebrate Conservation. “But then, every acre of featureless grass is just as much loss of habitat as anything else.”

History of the Green Lawn

The American attachment to the perfectly trimmed green lawn aesthetic has a history rooted in settler colonialism. Americans modeled their landscaping after wealthy European elites, who used a pure grass lawn as a way to signal their wealth.

This thing that originated as a status symbol is now a hallmark of the American backyard. Despite that it is an extremely common sight now, most green turf grasses are not native to the United States. Therefore, they can require a lot of upkeep — excessive water, pesticides — to keep them going.

Covering 40 million acres across the country, grass is now the biggest irrigated “crop” in the U.S. — surpassing even corn. And yet, it gives little to nothing back to native ecosystems.

No Mow May

Green grass lawns, in effect, extend the fragmentation of pollinator habitat. That’s why Plantlife in the United Kingdom started the awareness campaign, No Mow May. This movement has also taken hold in the U.S. The idea is that not mowing your lawn for even a month can allow for the growth of things like clover that bees can use for food.

Of course, not mowing your lawn can present issues, such as enforcement of local ordinances, or even just the local status quo. There are homeowner associations bylaws and legal prohibitions on any deferred lawn maintenance that could be characterized as overgrowth.

Related: Celebrate pollinators Saturday during World Bee Day

Facing ordinances like this, some U.S. residents have challenged the idea of what a yard should look like. In Maryland, one couple pushed back on an HOA requirement and it resulted in legislation that prohibits unreasonable restrictions on low-impact landscaping such as a pollinator-friendly yard.

Beyond May

Ultimately, said Shepherd, No Mow May should ideally serve as a springboard for a more comprehensive conversation about making spaces pollinator friendly all year round. Shepherd said there are three things you can focus on: creating nesting areas, flowers for food, and quitting pesticides.

If all you’re doing is not mowing your lawn for a few weeks, said Shepherd, you’re not achieving any long-term benefit. Because if you don’t have any blooming flowers in your lawn, you’re just growing long, green grass. And if you do, teaching bees that there’s a food source in your yard and then taking it away can be harmful. So ultimately, true support for pollinators has to go beyond the campaign.

“The real benefit from (No Mow May) is that people are talking about lawns — they’re talking about the bad things of lawns, how the lawns could be, what the changes can be,” Shepherd said. “And we’re seeing a much broader conversation about pollinator conservation in our neighborhoods, and what we really should be doing to support the bees.”

Advocates say focusing on native, flowering plants is also a good idea, as is spreading awareness to other people in your community and beyond. Critically important is eliminating things from your yard, like grass, that might require regular pesticide applications.

“Anything we can do to bring habitat back into our neighborhoods, our towns, our farmland and so on, is going to be beneficial,” Shepherd said.

After May wraps up, June is National Pollinators Month. Follow along for more in this series about pollinators.

During the next North Carolina Environmental Management Commission meeting, members will consider a resolution asking state and federal leaders to allot more funding for landowner cost-share programs that reduce pollution entering coastal estuaries.

The commission is to meet 9 a.m. to 5 p.m. Thursday in the ground floor hearing room of the Archdale Building at 512 N. Salisbury St, Raleigh. The public can attend the Thursday meeting online or in person.

An agenda and meeting materials can be found online.

The Stakeholder Engagement for Collaborative Coastal Habitats Initiative, or SECCHI, is the public-private partnership the 2021 Coastal Habitat Protection Plan Amendment recommended be developed. The group has already presented the resolution to Marine Fisheries Commission and Coastal Resources Commission for endorsement and support. Both commissions approved the resolution during their recent meetings.

The full commission will also consider a request to approve the hearing officer’s report on proposed revisions to sulfur dioxide emissions from combustion sources.

Committees are scheduled to meet Wednesday before the full commission meeting. These meetings can be attended online or in person.

The day begins at 10:30 a.m. with the groundwater and waste management committee, when there will be an overview of the Division of Waste Management Site Assessment and Remediation.

During the 12:30 p.m. water quality committee, members will hear about the resolution from SECCHI going before the board on Thursday, and NCDEQ’s Updated Stormwater Nitrogen and Phosphorus, or SNAP, Tool that calculates annual runoff and nitrogen and
phosphorus export from a development site and other stormwater data.

The meetings will wrap up with the 2:45 p.m. air quality committee who will hear an update on the proposed Advanced Clean Trucks Rule, or ACT Rule. Gov. Roy Cooper signed Oct. 25, 2022, and executive order charging the Department of Environmental Quality to initiate the rulemaking process for ACT program.

The Environmental Management Commission is responsible for adopting rules for the protection, preservation and enhancement of the state’s air, land and water resources. The commission oversees and adopts rules for divisions of the Department of Environmental Quality.

State officials are asking for feedback March 1-15 on a draft of the North Carolina Clean Transportation Plan that outlines strategies to decarbonize the transportation sector.

Until then, the North Carolina Department of Transportation will host its fourth and final virtual information session on the plan, 4-5 p.m. Feb. 28. Registration is required to participate.

The agency will then hold open house meetings during the first week of March. Registration is not required to attend.

Meetings on the coast will take place 5-7 p.m. Wednesday, March 1, at ​First Christian Church, 800 Beech St., Elizabeth City, and at Leland Cultural Arts Center, 1212 Magnolia Village Way, Leland.

Meetings are scheduled for March 2 in High Point and Pembroke and March 6 in Vilas and Hendersonville. ​

The information shared and feedback requested will be identical at each of the open house meetings​.

“NCDOT and over 220 stakeholders worked for more than a year to develop the draft plan, which explores strategies to advance clean transportation investments and workforce development,” officials said. “The draft plan encourages an equitable transition to zero-emission vehicles and strategies to deploy clean transportation infrastructure to support the transition.” 

Gov. Roy Cooper issued Executive Order 246 in January 2022 directing NCDOT to work with stakeholders to develop the plan to set the state on a course to reduce greenhouse gas emissions, advance environmental justice and create good-paying jobs tied to clean transportation. The executive order builds on 2018’s Executive Order 80 and establishes a goal to reduce greenhouse gas emissions by 50% from 2005 levels and increase zero-emission vehicle adoption to 1.25 million vehicles by 2030, officials added.

A handful of projects in coastal counties will see some of the $1.37 million in grants awarded by the state for projects that will reduce air pollution from diesel-powered mobile sources.

The North Carolina Department of Environmental Quality’s Division of Air Quality announced Friday the Mobile Source Emissions Reduction Grants, which are awarded yearly for projects to replace, retrofit or repair diesel vehicles and reduce emissions.

Mobile sources are any type of vehicle that can pollute the air, including automobiles, trucks, buses, locomotives, motorcycles, off-road vehicles, construction equipment and lawnmowers.

This year’s awarded projects will replace 10 diesel vehicles with cleaner alternatives. Most of the funding, more than $909,000, will go toward new electric vehicles. Electrification projects, projects in historically under-resourced counties, and projects submitted by minority-owned or women-owned businesses received bonus points during the scoring of applications.

Applications for the 2022 grants opened in September and closed in November.

The division awarded grants to the following projects:

• Hyde County — $65,000 to replace one diesel waste-water pump with an electric stationary pump and funds associated infrastructure. This project eliminates the greenhouse gas emissions and 1.6 tons of lifetime nitrogen oxide emissions associated with an internal combustion engine.
• SMM Southeast, LLC in Craven County — $406,000 to replace one diesel material handler with an electric material handler and funds associated infrastructure. This project eliminates the greenhouse gas emissions and 4.45 tons of lifetime nitrogen oxide emissions associated with an internal combustion engine.
• Waste Management of Carolinas in New Hanover and Lee counties — $90,000 to replace three diesel refuse trucks with three low-nitrogen oxide, compressed natural gas refuse trucks. This project reduces 4.69 tons of lifetime nitrogen oxide emissions associated with diesel combustion engines.
• Bald Head Transportation Inc. in Brunswick County — $185,600 to replace two marine diesel propulsion engines trucks with new, cleaner technology. This project reduces lifetime nitrogen oxide emissions by 23.9 tons.

Projects statewide include $297,400 to the town of Chapel Hill to replace a diesel refuse truck with a new electric refuse truck and funds associated infrastructure; $140,800 to Hirschbach Motor Lines Inc. in Bladen County to replace a diesel yard spotter with one electric yard spotter; and $183,950 to Cumberland County Solid Waste in to replace one diesel excavator and one diesel grader with new, cleaner equipment.

Officials said that, in total, this year’s awards will reduce greenhouse gas emissions by more than 2,656 tons over their lifetimes. They will also eliminate more than 40 tons of nitrogen oxides and 2 tons of particulate matter, officials said.

The grants are funded by the Environmental Protection Agency’s Diesel Emissions Reduction Act program. The purpose of the program is to support projects designed to achieve significant diesel emissions reductions.

Awards from the 2021 Diesel Emission Reduction grant program funded the replacement of 11 vehicles, reducing estimated nitrogen oxide emissions by 23.5 tons over their lifetimes.

For more information about the grant program, visit the Division of Air Quality’s website at https://deq.nc.gov/DERA or email daq.mscb.ncdaqgrants@ncdenr.gov.

A wood pellet production facility in Ahoskie has to install new air pollution control devices to reduce pollutant emissions under a newly issued modified air quality permit.

Under the newly modified permit, Enviva Pellets’ flagship plant in Hertford County must install a regenerative thermal oxidizer and a regenerative catalytic/thermal oxidizer to cut volatile organic compounds, or VOC, and hazardous air pollutants, or HAP, emissions.

A thermal oxidizer creates heat that converts emissions into carbon dioxide and water.

The N.C. Department of Environmental Quality said Thursday that the permit modifications will reduce emissions of nitrogen oxides and particular matter, including fine particulate matter.

The Title V permit allows the plant to increase its pellet production from 481,000 oven dried tons to 630,000 oven dried tons per year and the production of softwood pellets to a maximum of 100%, according to a DEQ news release.

Enviva Pellets Ahoskie began manufacturing pellets in November 2011 and it has been considered a major source under the Prevention of Significant Deterioration program, one established by Congress to prevent significant environmental impacts on regions where air quality meets the protective health standards under the Clean Air Act.

After the controls are installed and tested, the company will be a minor source under the program. The permit restricts the facility’s VOC emissions to less than 250 tons per year and hazardous air pollutant emissions to less than 10 tons per year.

The facility will be required to conduct stack testing if monthly softwood content or the production rate increases by more than 10%.

The permit updates follow a public hearing and comment period held last year on a draft permit for the facility.

Under the modified permit, the plant must submit a new fugitive dust plan to the Division of Air Quality within 90 days of installing new control devices to show how it will maintain and operate equipment while preventing dust from drifting beyond the property’s boundaries.

Residents concerned about dust at Enviva Pellets Ahoskie should contact the division’s Washington Regional Office at 252-946-6481.

Enviva Pellets Ahoskie operates 24/7 and has a production capacity of about 410,00 metric tons, according to the company’s website.

The final permit and other documents related to the permit are available online.

Local governments, businesses, community and nonprofit organizations, and others looking for grant and loan funding opportunities for environmental projects can find that information in one place through a new, online tool.

The North Carolina Department of Environmental Quality launched the new Grants webpage that provides information on all funding programs through the state agency in one location.

“This new tool will make it easier to access funding available through DEQ and support projects that will improve public health, the environment and quality of life across North Carolina,” Secretary Elizabeth S. Biser said in a statement.

The Grants page includes recurring and one-time funding sources across DEQ divisions, with links to additional information including eligibility, how to apply and program contacts.

Potential applicants can also view a searchable list of funding opportunities currently accepting applications, with the option to filter by who is eligible to apply.

DEQ receives state and federal funding to distribute for projects that improve air and water quality, reduce waste, enhance energy efficiency, and more.

Officials noted that recent federal legislation — American Rescue Plan Act, Infrastructure Investment and Jobs Act and Inflation Reduction Act — has expanded DEQ’s capacity to fund water infrastructure and clean energy projects over the next several years. Some of this funding has already been allocated, though more opportunities are to become available, officials said.

The state has put on hold final action on a controversial draft air quality permit for Enviva’s Ahoskie Plant to increase its wood pellet production by more than 30%.

Enviva submitted the request to increase its output from 481,800 oven dried tons to 630,000 oven dried tons per year in August 2020. The draft permit went before the public in July of this year.

The deadline for action on the air quality permit was Nov. 28, but after hearing concerns, particularly about air pollutants from the plant and its location in the economically distressed Hertford County, from the public and the DEQ Secretary’s Environmental Justice and Equity Board, Division of Air Quality officials said the deadline no longer applies. 

No final action had been taken as of Monday, Dec. 5, Shawn Taylor, public information officer for the division, told Coastal Review.

“In response to questions raised by the board, DAQ determined that our rules did not require final action by Nov. 28, as we had earlier stated,” Taylor explained. He continued that the division is considering the concerns raised during the specially called environmental justice board meeting held Nov. 17 in Raleigh before taking final action.

“DEQ appreciates the Environmental Justice and Equity Advisory Board’s attention to this issue and the board providing an additional forum where community voices can be heard,” he continued. “Through its permitting and compliance programs, the Division of Air Quality has required significant reductions of dust and other air pollution emissions from all the Enviva Pellets facilities in North Carolina. The Division will continue to use permitting and non-permitting methods to address concerns raised by residents in Ahoskie and other communities near these facilities.”

The division first permitted Enviva Pellets, LLC – Ahoskie Plant in 2010 and it began manufacturing in November 2011. The plant in Hertford County is one of four Enviva plants in the state with the others in Sampson, Richmond and Northampton counties. 

All four are designated Tier 1 counties, or economically distressed, by the N.C. Department of Commerce, the board explains in a letter dated Sept. 27 to the Department of Environmental Quality Secretary Elizabeth Biser about the proposed permit.

“Every North Carolina biomass facility is in a community that is at least 25% non-white with slow growing or declining populations and high poverty rates,” the letter continues. Hertford County is home of the Meherrin Tribe and is 60% African American. The census area the facility will be located in is 69% African American. Hertford County has a poverty rate of almost 22%, ranking in the bottom 25% of counties for health outcomes determined by the commerce department, and has a death rate that exceeds the statewide death rate.

Enviva in North Carolina

The state Division of Air Quality received on Aug. 28, 2020, a permit modification request from Enviva to increase production from 481,800 oven dried tons to 630,000 oven dried tons per year at the Ahoskie plant. 

The division requested more information on the Title V renewal with modifications. Enviva submitted an addendum in December 2020. In December 2021, the company submitted a new Title V renewal and modification application to replace the first draft permit with additional proposed changes, Air Quality Division Director Mike Abraczinskas, said during the special meeting.

Abraczinskas explained that each Enviva plant in the state holds Title V permits, required by the Clean Air Act. The permits are legal documents that include pollution control requirements from federal or state regulations that apply to a source, according to the EPA. The federal agency’s regional offices oversee the state programs that issue these permits.

Air pollutants from wood pellet manufacturing include particulate matter emitted from multiple parts of the manufacturing process, as well as volatile organic compounds, toxic air pollutants and hazardous air pollutants, primarily emitted from drying and milling operations. Carbon monoxide, sulfur dioxide and nitrogen oxides are released from drying operations, and greenhouse gasses are emitted by pollution controls such as thermal oxidizers that burn other pollutants to destroy them, according to the division.

Abraczinskas said some of the original permits under Title V, or major source, for the facilities were developed in 2010 and began production in 2011. Once facilities began operating and executed some testing required in the initial permits, the division saw that the emissions in some cases were higher than what was anticipated, and were major sources for prevention of significant deterioration and hazardous air pollutants.

“Those emissions being higher caused a problem from our perspective. In some cases, they were not in the right permit. In some cases, they were in direct violation of the permit that we had issued,” he said. Staff pursued a variety of enforcement actions for the four facilities to get the right permit and install proper controls to reduce air pollution at the sites. 

After a settlement with Enviva in 2019, facilities were required to apply for and install equipment to control emissions. After the new controls are installed as scheduled in their permits, each facility will be minor sources under the state prevention of significant deterioration permitting program or below major sources for hazardous air pollutants thresholds.

Because the division required Enviva to install more stringent controls to reduce emissions of volatile organic compounds, hazardous air pollutants and particulate matter, emissions have declined even as production increased, Abraczinskas said. The facilities requested production increases in most cases. 

Most recently, the division drafted a modified air quality permit for Enviva Ahoskie, the last plant of the four undergoing adjustments necessary to address compliance, Abraczinskas explained. The draft permit would require the facility to install the same pollution control devices already required at the other three Enviva facilities in the state.

Abraczinskas said when the draft permit went to public comment July 13, the division began an outreach effort in collaboration with the DEQ’s environmental justice team, including the public hearing in Ahoskie Aug. 16, public notices, and community outreach.

As a result of the public input process, Abraczinskas said the division made some changes to the draft permits, including a requirement to update the fugitive dust plan to develop strategies to control fugitive dust emissions from all new sources. The division also added hydrogen chloride stack testing requirements for hazardous air pollutant emissions and conditions to limit hazardous air pollutant emissions. Also, the plant will be required to test during the construction phase of the project.

These changes were made to the draft permit before the start of EPA’s 45-day review period Sept. 29. EPA had no further comments in its Nov. 9 response, Abraczinskas said.

“I’ll emphasize no final action has been taken at this time. But after updating the draft permit based on the recommendations from both the hearing officers report and all the comments received during the comment period, and after EPA’s 45-day review, which just concluded with a response of no further comments or concerns with the draft permit,” he said.

The division’s engagement with facilities like Enviva don’t end when the permit is issued, but is the beginning, he explained. The division makes unannounced inspections of these types of facilities every year, which he said is more frequent than what EPA requires. The permit also requires the facilities submit reports for staff to make sure data is in line with monitoring parameters and metrics in the permit. 

Abraczinskas explained that for noise complaints, the division does not have the authority to put anything in the air quality permit for those but they do see what ordinances exist in the area to include in the response. 

Community voices 

Dr. Ruby Bell, a Sampson County resident, presented to the board on behalf of The Impacted Communities Against Wood Pellets Coalition.

The coalition is a group of residents impacted by the pollution, dust, noise and forest destruction of the biomass wood pellet industry, and the forest protection and environmental justice organization, Dogwood Alliance, she said. Coalition members have been studying the impacts of the wood pellet industry since the first plant opened in Ahoskie in 2011.

The wood pellets industry does not advance North Carolina’s clean energy economy, “Yet NCDEQ has continued to approve permits to expand wood pellet production in North Carolina. Enviva has received nearly $10 million dollars in subsidies in North Carolina,” Bell said.

The current Enviva permit application under consideration for the Ahoskie plant requires the installation of air pollution controls, but is also allowing the plant to greatly expand production, “resulting in more dust pollution, foot traffic, forest destruction and the increase of some harmful toxins.”

Enviva should install these air controls at Ahoskie, but their request for expansion warrants further consideration, Bell explained before sharing with the board the coalition’s eight recommendations, beginning with denying Enviva’s permit to expand production at the Ahoskie plant, and require them to install pollution controls.

Other recommendations include requiring Enviva to install fugitive dust plans at all facilities and strengthen their existing fugitive dust plan in Ahoskie, install air quality monitoring within a quarter-mile of the facility, install continuous emissions monitoring to capture fluctuations in emissions, and acknowledge and measure the greenhouse gas emissions of industrial logging and the wood pellet industry in the state. 

Additionally, the coalition recommends addressing noise pollution through limiting Enviva’s nighttime operations and/or coordinating with local towns to address noise ordinance violations. 

DEQ should recognize their obligation under Title VI of the Civil Rights Act of 1964 to consider disproportionate impacts, and deny permits such as this one that adversely impact communities of color and require Enviva to consult with the Meherrin Tribe prior to any issuance of a permit for expansion, Bell said.

La’Meshia Whittington, a member of the advisory board and the North Carolina Black Alliance deputy director of programs, said, “We have to understand that Tier 1 counties have been the target communities by which these corporations.”

The counties are chosen for the natural resources that many community leaders work to maintain and protect, “but also because it’s economically distressed, meaning that that community and its local leaders are going to choose a corporation because it’s the promise of jobs, even though, unfortunately, it comes with health disparities that our community members don’t deserve,” she continued. 

The Department of Commerce ranks health impacts and health factors annually in addition to economic distress. The two different ranking systems provide the measure of overall current health and health outcomes of each county. The 2022 health factors and health outcomes have the four counties where Enviva plants are ranked in the bottom 50 for both systems.

“We have to understand when assessing environmental justice communities, cumulative impact means that if your environment is contaminated, it leads to diseases and cancers you wouldn’t have had,” she said.

An extensive body of scientific evidence shows that long- and short-term exposure to fine particulate pollution, also known as fine particulate matter, can cause premature death, harmful effects in the cardiovascular system, including increased hospital admissions and emergency department visits for heart attacks and strokes, and links to respiratory effects like asthma attacks, Whittington explained.

Major pollutants in Hertford County include nitrogen oxide, carbon dioxide and carbon monoxide. Carbon monoxide exposure can lead to serious tissue damage, nitrogen oxide exposure can lead to respiratory infections and asthma, and sulfur dioxide is causing an increased risk of hospital admissions or emergency room visits.

She said she acknowledges that the reality is there are policies and red tape that prevent state departments from being able to engage with the permitting process beyond what they’re doing. 

She recommends engaging with local elected leaders and asking how long the industry is committed to staying in the area and providing jobs, because wood pellets are not a long-term industry. Rather it’s a short-term industry subject to international market demand. 

Enviva response

Enviva provided the following email response Monday to a request for comment:

“At Enviva, we understand being a successful business includes more than providing well-paid jobs and creating a positive economic impact; it entails being an integral part of the communities we call home and demonstrating environmental leadership, including in the way we operate our facilities and engage with our communities. We invest in our plants and make them the most environmentally controlled facilities in the industry, with best-in-class emissions control technology to minimize any impact from our operations on neighbors and communities.

“We test our facilities regularly with a third-party expert and those test results are made available to the public by the state regulatory agencies, in addition to air monitoring performed in the vicinity of our plants, which all confirm that the air quality in our communities is in compliance with strict environmental laws and regulations, including the U.S. Clean Air Act.   

“As part of our community relations efforts, we engage with our communities in advance of any of plan for new plant construction or expansions as well as in the course of our continued operations, to answer questions and address any concerns from our neighbors while also providing our support to the communities’ needs. We also work closely with state regulatory agencies throughout the entire permitting process to involve broad public participation and educate our communities about our plans, permitting process and operations.

“Specific to Ahoskie: We are currently waiting to receive the Air Quality Permit for our Ahoskie plant following a thorough review by North Carolina’s Department of Environmental Quality (NC DEQ) and the EPA. This permit would authorize us to begin installing and operating additional state-of-the-art emission control equipment—including a regenerative thermal oxidizer (RTO), and a regenerative thermal or catalytic oxidizer (RTO/RCO)—to support the expansion of our plant.”

More than $11 million will go to projects to replace older heavy-duty vehicles and equipment with clean alternatives used for local and county government and state agencies, including in Hertford, Pasquotank and Tyrrell counties.

The North Carolina Department of Environmental Quality’s Division of Air Quality announced Wednesday the grants, the last to be awarded through the N.C. Volkswagen Settlement Program with the state’s share of the national settlement with the automaker.

These awards will fund the replacement of 45 on-road and off-road diesel vehicles, including bucket trucks, refuse haulers, dump trucks, box trucks, front loaders, semi-trucks, freight trucks and freight switchers.

Nearly half of the money is to be used to provide electric vehicle replacements. Of the total, 67% was awarded to vehicle replacement projects in rural counties and 74% will go to projects in the historically under-resourced counties that DEQ targeted for additional outreach and support during the application process.

By replacing these old diesel vehicles with clean alternatives, the grants will reduce emissions of nitrogen oxides, or NOx, by more than 113 tons, particulate matter by 5,928 pounds, and greenhouse gases by more than 6,970 tons. Nitrogen oxides and particulate matter have been linked to heart and lung conditions, particularly in children and older adults, according to the state.

Among the awards is $4.1 million for the electrification of two diesel freight switcher locomotives operated by Nucor Steel’s facility in Hertford County.

The project is a public-private partnership between Hertford County and Nucor and will provide most of the emission reductions in this program. Electrifying the locomotives eliminates 100% of their emissions, including 93 tons of nitrogen oxides over their lifetimes. Nucor Steel is also providing more than $2.5 million in matching funds toward the project.

These are the final grants DAQ will award with the $98 million that the state is investing in cleaner mobile source sector technology through the N.C. Volkswagen Settlement Program.

The state’s Volkswagen Settlement Program still has more than $869,000 in rebates to help fund new Level 2 electric vehicle chargers that can be installed at workplaces, apartment complexes, parks, urban centers or other locations. Rebates up to a maximum of $5,000 are available to government applicants and up to $4,000 for nongovernment applicants for each new charging port installed. Learn more on DAQ’s website.

DAQ will also accept applications for its annual Mobile Sources Emissions Reductions grants through Nov. 14. More than $1 million is available to support projects such as replacing school buses, nonroad construction and agricultural equipment, heavy-duty on-road vehicles and locomotives with new, clean equipment and vehicles.

The state has committed nearly $7 million in grants and rebates to install and expand electric vehicle charging stations in 64 sites statewide, with a handful of those on the coast.

The Department of Environmental Quality’s Division of Air Quality announced Tuesday that more than $6.8 million in grants and rebates will be awarded under phase 2 of the N.C. Volkswagen Settlement Program.

DEQ manages the state’s share of the VW Settlement, an agreement between the German automaker and the Department of Justice on behalf of the Environmental Protection Agency. In phase 1 of the settlement, nearly $30 million was awarded for projects. Phase 2 of the program covers the remaining $68 million of the state’s share.

Officials said Tuesday that nearly $5.9 million in grants will go to install 104 new DC Fast charging ports at 40 sites along priority corridors and major coastal evacuation routes such as segments along interstates 40, 77, 85 and 95 and highways without existing charging infrastructure. DC Fast chargers provide rapid charging.

In this program, 75% of the awarded funds will go to projects in rural counties, and nearly half will go to historically under-resourced counties that DEQ targeted for additional outreach and support during the Phase 2 application process. Of the 40 charging sites, 33 will have 100% of their power covered with renewable energy credits, according to DEQ.

Costal communities selected for DC Fast Priority Corridors awards include Windsor, Elizabeth City, Hertford, Columbia, Jacksonville, Nags Head, Havelock and Burgaw.

The Division of Air Quality coordinated with the Department of Transportation to maximize funding for charging infrastructure that meets the requirements in the National Electric Vehicle Infrastructure, or NEVI, Program. VW Settlement funding was awarded to install 30 DC Fast charging ports in the state that will already be NEVI compliant, aligning with NCDOT’s goal of using $109 million in federal funding to build out electric vehicle infrastructure along approved corridors, officials said.

Around $764,000 in grants will go to public and private organizations to upgrade 13 existing DC Fast sites, including at a site in Avon. These projects will add five new ports and replace 11 others that are obsolete or nonfunctioning statewide. A full list of DC Fast Existing Site awards is available.

DEQ has set aside $196,000 in new rebates to fund the installation of Level 2 chargers at workplaces, apartment complexes, parks, urban centers and other public locations. Level 2 chargers are ideal at destinations where electric vehicles can be parked for an hour or longer. This funding will go to installing 62 new charging ports at 11 sites across the state, officials said.

Coastal communities to receive Level 2 Public Access awards include Surf City, Jacksonville, Leland, Hampstead, Buxton, Hertford, Wilmington and Washington. One of the Level 2 Workplace awards will go to Cape Fear Public Utility Authority in Wilmington. All Level 2 Multi-Unit Dwelling awards were given to communities west of Interstate 95.

These new rebates bring the total awarded by the Division of Air Quality for Level 2 chargers to more than $1.1 million in phase 2 of the N.C. Volkswagen Settlement Program.

“These awards aim to increase the use of clean zero-emission vehicles in place of gas-powered cars and improve air quality by significantly reducing emissions of nitrogen oxides, particulate matter and greenhouse gases. DAQ estimates that the DC Fast and Level 2 chargers announced (Tuesday) will together prevent more than 26,500 pounds of nitrogen oxides from being emitted into the atmosphere each year,” officials said.

DEQ is allocating the full 15% allowed in the Volkswagen State Trust Agreement for zero-emission vehicle charging infrastructure projects under phase 2. More than $869,000 is still available to local governments, nonprofits and private businesses on a first-come, first-served basis. Rebates up to a maximum of $5,000 are available to government applicants and up to $4,000 to nongovernment applicants for each new charging port installed. More information on applying is available on the DEQ website.

Gov. Roy Cooper signed an order Tuesday directing the North Carolina Department of Environmental Quality to propose by next spring rules for a program requiring manufacturers to make more zero-emission trucks and buses available for purchase in the state.

Executive Order 271 is Cooper’s latest action in the push for a clean energy economy and the latest in a national wave of policy moves known as Advanced Clean Trucks, or ACT, programs that call for the phasing in of zero-emission medium- and heavy-duty vehicles.

Critics say that proposed new mandates on the supply chain were ill-timed. The North Carolina Chamber said the transition that Cooper noted was already underway “would only be hampered by government intervention.” The NC Chamber also noted on Twitter that North Carolina has the country’s largest concentration of commercial vehicle companies, suppliers and employees.

Advocates say the move promises more environmental equity and significant economic benefits.

The Cooper administration said that air pollution from buses and trucks predominately powered by diesel engines worsens asthma and other cardio-respiratory illnesses, especially in children and older adults, can trigger heart attacks and strokes and lead to other negative health effects that disproportionately impacts low-income communities and communities of color near trucking corridors, ports, fleet garages, warehouses and other distribution hubs.

Cooper said the move would reduce pollution, encourage economic development and job growth, maximize consumer choice for small businesses, and advance the state’s climate and environmental justice objectives.

“North Carolina has demonstrated that by leading the transition to clean energy we can grow our economy and create good paying jobs while reducing local pollution and confronting the climate crisis,” Cooper said in a statement. “North Carolina is already a national hub for truck and bus manufacturing and supply chain development, and we should not miss the opportunity to lead the market-driven transition already underway to cleaner and increasingly cheaper zero-emission technologies that benefit our economy and our communities.”

The order directs the DEQ to work with stakeholders on an ACT program requiring manufacturers to sell an increasing percentage of medium- and heavy-duty trucks over time and propose that rule to the Environmental Management Commission by May 15, 2023. The agency also is to expand public-private partnerships by recognizing companies and facilities that phase in the new vehicles in their van, bus and truck fleets.

The order also directs cabinet agencies to prioritize strategies to further environmental justice and health equity by improving health outcomes for communities disproportionately impacted by air pollution and increasing affordable access to clean transportation options.

The state Department of Health and Human Services is to increase education on the disproportionate health impacts of bus and truck emissions on underserved communities and people of color.

More than 85 companies, employers and investors joined a letter organized by Ceres in 2021, calling on state policymakers across the country to adopt the ACT rule, according to the nonprofit organization that represents investors and businesses. In a separate letter in June, 30 companies and organizations wrote to the Cooper administration calling for its adoption in the state. 

“Companies are looking to electrify their vehicle fleets and their supply chains in order to meet critical climate goals, save money on fuel and maintenance, and reduce air pollution for their workers and the communities they operate in,” Alli Gold Roberts, Ceres senior director of state policy, said in a release. “As this technology advances and takes greater hold in the economy, the ACT rule will provide a clear pathway for the industry to supply companies with the vehicles they want. North Carolina is again proving itself as a national climate leader by becoming an early adopter of this business-friendly rule.” 

Katie Wallace, chief ESG Officer with New Belgium Brewing Co., praised the step.

“As a craft brewer with distribution channels across the U.S., New Belgium Brewing strongly supports the Advanced Clean Trucks rule, and we are grateful that the Cooper Administration has continued to lead the way on clean air through clean trucks in North Carolina,” she said. “The ACT rule will help us achieve our goal of operating a clean fleet close to home in North Carolina and help our partners across the country transition to zero-emission trucks that will clean the air, reduce climate pollution, and continue to efficiently move the supplies we need and the beer our customers love.” 

The Southern Environmental Law Center also praised the order, which it said follows encouragement from advocates, as well as a letter to the governor in August and a June 3 letter to make adopting ACT as a top priority for climate action.

Kym Meyer, senior attorney at Southern Environmental Law Center, called the move “an important, forward-thinking step to address climate change, the health of our communities, and environmental justice.”

Environmental Defense Fund State Director David Kelly said the order “strengthens North Carolina’s position as a leader in the clean transportation space, setting the stage for our state to secure significant economic, environmental, and equity benefit.”

Adopting ACT will bring economic benefits, according to the Environmental Defense Fund, citing an April 2022 report from RTI that found that from 2026 to 2050 cumulative owner benefits of $8.8 billion, cumulative climate benefits of $11.2 billion, and cumulative health benefits of $100.4 billion.

This post has been updated, statement from Enviva added.

A wood pellet manufacturing plant in Hertford County has submitted a draft permit asking to increase production.

Plant officials want to increase production from 481,800 oven-dried tons to 630,000 oven-dried tons.

The North Carolina Department of Environmental Quality’s Division of Air Quality is to hold an an in-person public hearing 6 p.m. Aug. 16 on the request and others in the draft Title V air permit renewal for Enviva Pellets Ahoskie plant.

The meeting is to take place in Roanoke-Chowan Community College gymnasium, New Student Services Center, Room 101, 109 Community College Road, Ahoskie.

Title V permits are to comply with permitting requirements under Title V of the federal Clean Air Act Amendments of 1990.

In addition to increasing pellet production, the proposed permit requires the installation of air pollution control equipment and operational limits to reduce emissions of volatile organic compounds, or VOC, and total hazardous air pollutants, or HAP. To reduce volatile organic compounds and hazardous air pollutants emissions, the draft permit would require the facility to install a regenerative thermal oxidizer and a regenerative catalytic/thermal oxidizer.

The draft permit limits the facility’s VOC emissions to less than 250 tons per year and HAP emissions to less than 10 tons per year of any one HAP and less than 25 tons per year for all HAPs combined.

The public is invited to attend the hearing and provide its comments on the proposed action. Signup will be available upon arrival. Oral comments at the hearing should be limited to 3 minutes.

Written comments may also be submitted during the hearing or by email to DAQ.publiccomments@ncdenr.gov with the subject line “Enviva Ahoskie.20B.” Comments can be left by voicemail at 919-707-8430.

The public comment period ends at 5 p.m. Friday, Aug. 19. Division officials said all public comments will be considered before a final decision on the proposed permit is made.

Enviva communications team provided July 14 the following comment to Coastal Review:

“In consultation with the North Carolina Department of Environmental Quality (NC DEQ), Enviva submitted a draft Title V permit for our Ahoskie wood pellet production plant to renew the existing air permit with modifications to enhance the plant in terms of efficiency, environmental performance, and production. A major highlight to the permit application is to install additional state of the art air quality control equipment to further reduce emissions. The requested expansion permit would bring total permitted production capacity to 630,000 oven dry tons of pellets per year, up from the current permitted 481,800 oven dry tons of pellets per year. Enviva will install the new air quality controls before being allowed to pursue the higher level of production.

“This type of investment of capital and our company’s resource allocation demonstrates our strong environmental and compliance leadership in the industry, as the world’s largest wood pellet manufacturer. It is also representative of our company’s core values of caring for our people and forests, accountability, and integrity.”

Copies of all data and the application submitted by Enviva Pellets, LLC – Ahoskie Plant are available for public inspection on the DAQ website or in person by appointment only at NC DEQ Division of Air Quality, Air Permits Section, 217 West Jones St., Suite 4000, Raleigh, or Washington Regional Office, 943 Washington Square Mall, Washington.

PONZER — Ignited 10 days ago, most likely by lightning, a wildfire burning on private land in rural Hyde County is 24% contained, the North Carolina Forest Service announced Tuesday.

But like past wildfires in the region that smoldered for many months, the Ferebee Road fire, as it is known, is deep under the surface, burning down instead of across the landscape.

“We do have forward movement stopped at this time, but it is in organic soils, and we have a ground fire,” Michael Cheek, N.C. Forest Service incident commander, told Coastal Review Tuesday. So far, 1,938 acres have burned, he added. 

The fire is situated within the “scar” of the 2008 Evans Road fire, which burned for more than six months and spread to 50,000 acres in Alligator River National Wildlife Refuge and Pocosin Lakes National Wildlife Refuge. In 2011, the Pains Bay fire near the Alligator River National Wildlife Refuge in Dare County burned 45,000 acres and lasted for months.

When the Ferebee Road fire was reported on the morning of June 19 by the land manager for Carolina Ranch, a 15,000-acre private site next to Pocosin Lakes National Wildlife Refuge, the pocosin soil, or peat, was already on fire.

“From the get-go,” Cheek said, “it did get into the ground and into the soils.”

Peat fires are especially challenging to extinguish. The risk is that they can burn down to the water table, as much as 8 feet, and continue to spread underground for a long time. As the fire travels, the smoldering soil sucks moisture from trees and brush, rendering forest growth little more than tinder waiting to ignite.

“That potential is always there during these ground fire events,” Cheek said.

For that reason, firefighters are focused on containing the blaze within the private property. 

“Right now, we’re moving a lot of water into the area,” Cheek said, including setting up huge sprinklers to control heat along the fire perimeter.

By Tuesday, 85 firefighters, seven of whom are with the U.S. Fish and Wildlife Service, and the remainder with the Forest Service, were working at the scene, he said.

A pumping operation from New Lake has carried 88 million gallons of water nearly 5 miles to the perimeter of the fire, he explained. Preparations were being made to pump water from Lake Phelps into refuge canals, from where water would be pumped to the other side of the fire. 

Smoke impact, depending on wind direction, is assessed just about every day, Cheek said. Fog can combine with smoke, creating a “super fog” that makes it difficult to see, which he said happened two mornings ago. Super fog is especially hazardous on traffic on nearby U.S. 264 and N.C. Highway 45.

“So far, the fire is south enough that it hasn’t affected (U.S.) 64 as far as visibility,” Cheek said. 

Fire Service crews also have built containment lines and fuel breaks on the property. 

Sequestered carbon released

Pocosin, which means “swamp on a hill,” is peat wetland composed of organic material that decayed very slowly under the wet conditions.

In recent years, peat has been recognized for its value in sequestering carbon, a greenhouse gas associated with climate change.

Carolina Ranch, the private land where the fire is burning, has dedicated 10,000 acres for carbon offset research, among other conservation projects, according to its Facebook page.

“Our mission is to enhance our natural environment for plant and soils research, carbon farming, nature tourism, agro-forestry, and other related ventures,” it said.

In recent years, Pocosin Lakes refuge also has been working on restoring the pocosin soils which have dried out over the years, not only for its value to the climate, but also as wildfire inhibitor.

Peat soil is composed of 50% carbon, and although it covers only 3% of the Earth’s surface, it stores more than twice the carbon of all the planet’s combined forests.

When the pocosin burns, all the carbon it held is released into the atmosphere.

Four coastal towns, Surf City, Jacksonville, Hampstead and Leland, are among those selected to receive money from the latest round of awards from the Volkswagen settlement, to be used to install publicly accessible zero-emission vehicle chargers.

The North Carolina Department of Environmental Quality’s Division of Air Quality is awarding $255,000 in rebates to public and private organizations to help fund a total of 59 new Level 2 charging ports at 23 sites statewide.

Charging stations on the coast from this round of funding will be at the following locations:

• Surf City Old Town Hall public beach access at 214 N. New River Drive in Surf City.
• Jacksonville Mall, 375 Western Blvd., Jacksonville.
• Surf City Municipal Complex, 214 W. Florence Way, Hampstead.
• Town of Leland Founders Park, 115 Town Hall Drive, Leland.

This funding is the first to be awarded from the $68 million the state has available in Phase 2 of the North Carolina Volkswagen Mitigation Settlement Program. Additional rebates are still available to qualifying applicants.

Officials said the projects will enhance and extend the current electric vehicle infrastructure network in North Carolina to increase the use of electric vehicles in place of gas-powered cars and improve air quality by significantly reducing emissions of nitrogen oxides, particulate matter and greenhouse gases.

“Motor vehicles are the No. 1 source of air pollution in North Carolina, so electrifying our transportation network is an essential step in curbing these emissions,” says Mike Abraczinskas, director of the Division of Air Quality. “These rebates are just the first of many grants and rebates DAQ will award this year with the funds North Carolina received from the national Volkswagen Settlement. We are excited to fund not just electric vehicle chargers but also electric and low-emission vehicles to replace some of the dirtiest diesel vehicles on the roads today.”

DEQ is awarding Level 2 Public Access rebates to qualifying applicants on a first-come, first-served basis until the full $1,070,877 is allocated for this program. Local government agencies, nonprofits and private businesses are all eligible to apply.

Rebates up to a maximum of $5,000 are available to government applicants and up to $4,000 to non-government applicants for each new charging port installed. There is still time to apply for a rebate through this program.

DEQ manages North Carolina’s share of the VW settlement, an agreement between the German automaker and the U.S. Department of Justice on behalf of the U.S. Environmental Protection Agency. North Carolina’s beneficiary mitigation plan is structured in two phases. In Phase 1, nearly $30 million was awarded for projects across North Carolina. In Phase 2, the state plans to invest the remaining $67 million in additional projects.

DEQ is allocating the full 15%, which is about $10,198,826, allowed in the Volkswagen State Trust Agreement for charging infrastructure projects under Phase 2. Additional settlement funds will support the replacement of diesel vehicles with newer, cleaner alternatives.

The timeline for application deadlines and award announcements for each program is available online.

Nine projects have been awarded a total of nearly $1 million from the North Carolina Department of Environmental Quality’s Division of Air Quality to reduce air pollution from diesel-powered mobile sources.

The $937,854 in grants is to replace 11 vehicles across the state, two of which are on the coast, with cleaner alternatives, reducing estimated emissions of nitrogen oxides by 23.5 tons over their lifetimes, state officials said Thursday.

Mobile sources are any type of vehicle that can pollute the air, including automobiles, trucks, buses, locomotives, motorcycles, off-road vehicles, construction equipment and lawnmowers.

On the Outer Banks in Currituck County, Caps Marine has been awarded a grant of $18,250 to replace a Tier 1 skid loader with a Tier 4 track loader with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 0.15 tons.

In New Hanover County, Southeast Crescent Shipping has been awarded $92,710 to replace a diesel forklift with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 7.6 tons.

Awards across the state

A grant was awarded to the town of Chapel Hill for $211,740. These funds will be used to replace one diesel refuse truck with a new electric refuse truck. This project is to eliminate the greenhouse gas emissions and 0.3 tons of nitrogen oxide emissions associated with an internal combustion engine.

Hirschbach Motor Lines in Bladen County was awarded $152,460 to replace two diesel yard spotters with two electric yard spotters. This project is to eliminate the greenhouse gas emissions and 0.9 tons of nitrogen oxide emissions associated with internal combustion engines.

Estes Express in Mecklenburg County was awarded $130,500 to replace a diesel yard tractor with an electric yard tractor. This project is to eliminate greenhouse gas emissions and 5.1 tons of nitrogen oxide emissions associated with an internal combustion engine.

Greensboro was awarded a grant for $125,000 to replace a diesel front-end loader with new, cleaner technology. This project reduces nitrogen oxide emissions by 2.4 tons. The city also was awarded $122,240 to replace a diesel dozer with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 2.2 tons.

Estes Express in Cleveland and Cumberland counties was awarded $50,740 to replace two diesel short-haul combination trucks with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 4.3 tons.

Greenville Utilities Commission in Pitt County was awarded $34,150 to replace a wire wheel loader with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 0.5 tons.

DEQ is awarding the grants through the Mobile Source Emissions Reduction program, which is funded by the U.S. Environmental Protection Agency’s Diesel Emissions Reduction Act program. The purpose of the program is to support projects designed to achieve significant diesel emissions reductions. These funds are supplemented with North Carolina Volkswagen Mitigation Trust funds.

For more information about the Mobile Sources Emissions Reduction grant program, please visit the state Division of Air Quality’s website at deq.nc.gov/DERA or email daq.mscb.ncdaqgrants@ncdenr.gov.

The Department of Environmental Quality’s Division of Air Quality has more than $1 million available in rebates for eligible applicants interested in installing a publicly accessible light-duty zero-emission vehicle Level 2 charging stations.

The division released the request for proposal for the Public Access Level 2 Charging Infrastructure Program rebates under Phase 2 of the Volkswagen mitigation plan earlier this week. The request for proposals explains how local, federal and tribal governments, nonprofits and businesses incorporated in North Carolina, metropolitan or rural planning organizations, and air quality or transportation organizations can apply for a portion of the $1,070,877.

The application will not be available in the division’s Grants Management System until May 2. Applicants are encouraged to register for access to the system before that date.

A PDF version of the application has been made available on the program webpage for applicants to prepare all required materials for the online application. There are instructions on how to register for the Grant Management System and submit an application in the RFP.

After the application opens in the Grants Management System May 2, the division will accept applications for the Public Access Level 2 ZEV Charging Infrastructure Program until no funds remain.

Rebates up to a maximum of $5,000 are available to government applicants and up to $4,000 to nongovernment for each new charging port installed. Rebates will be awarded on a first-come, first-served basis to those who qualify until all funds are exhausted.

The VW mitigation plan is part of a settlement agreement between the German automaker with the Department of Justice on behalf of the Environmental Protection Agency. Volkswagen sold thousands of diesel motor vehicles with software the EPA alleged was designed to cheat on federal emissions tests, according to the state. The Volkswagen Mitigation Settlement was for $14.7 billion for violating the Clean Air Act. The state Department of Environmental Quality manages North Carolina’s share of the VW Settlement.

There will also be a webinar 1 p.m. Monday, March 28, on accessing the Grants Management System. Registering online before the webinar is required to participate. Current users with access are not required to attend, but may attend for a refresher on the system.

The division will hold a webinar 1 p.m. April 4 on the Level 2 Public Access Program request for proposals. During this webinar, staff will discuss the RFP and the requirements and answer questions. This webinar is for applicants interested in submitting applications for the Level 2 Public Access Program only. Registration is required to participate in this webinar.

For help with an application, email daq.NC_VWGrants@ncdenr.gov with subject title line: “Level 2 Public Access RFP” before submitting an application and ahead of the submission deadline.

Phase 2 of the VW Mitigation Plan covers the remaining $68 million of the state’s share of a national settlement with the automaker. DEQ is allocating the full 15%, or about $10.19 million, allowed in the VW State Trust Agreement for ZEV charging infrastructure projects under Phase 2. Additional settlement funds will support the replacement of diesel vehicles with newer, cleaner alternatives, according to the state.

North Carolinians can apply for up to $500,000 in grants to fund projects that improve and protect environment and natural resources.

Through Attorney General Josh Stein’s office, the Environmental Enhancement Grant program released Tuesday its request for proposals. Letters of intent are due on March 31 and completed proposals are due May 26.

A voluntary interest meeting for further information is set to be held remotely at 10 a.m. March 22. Email eeg@ncdoj.gov for more information or to reserve a spot at the meeting.

“The Environmental Enhancement Grant program has invested more than $38 million in nearly 200 projects that protect our natural resources and improve North Carolinians’ quality of life,” said Stein in a statement. “These projects are critical to cleaning the air we breathe and the water we drink. Many also help address environmental issues that harm disadvantaged communities. If you’re working on an environmental project that could benefit our state and its people, please consider applying for these grants.”

The EEG program funds three-year grant projects of up to $500,000 from nonprofit organizations, including academic and government institutions that improve air, water, and land quality in the state.

Several EEG awards were presented last year, many on the coast. The city of Jacksonville was awarded $175,000 to expand 12 of the existing New River Estuary Oyster Highway reef sites, construct 1,850 small patch reefs and add nearly 2.5 million oysters to improve biofiltration.

The North Carolina Coastal Land Trust also received $50,000 to acquire 348 acres of Hoggard’s Millpond Tract and transfer it to the town of Windsor to create a new public park and Bertie County Hive House received $74,350 to improve a 4-acre greenspace in Lewiston Woodville through cleaning, stormwater remediation, and planting.

Preference is given to projects in or benefiting underserved or overburdened communities, such as those with vulnerable populations or environmental justice concerns, according to Stein’s office. EEG funds have previously been used for projects including green jobs, wetland restoration, land acquisition, stormwater remediation, stream stabilization and buffer installations.

The EEG program was established in 2000 with funds from a 25-year agreement between then-Attorney General Michael Easley and Smithfield Foods to provide $2 million every year for environmental projects across the state. Since the program began, the Office of Attorney General has awarded more than $38 million to nearly 200 projects.

More information about the 2021 grant cycle is available online.

This year’s ozone season starts Tuesday, when the North Carolina Division of Air Quality begins adding ozone information to its daily air quality forecast of fine particle matter, or PM2.5, pollution.

Ozone forms in the air when nitrogen oxides, or NOx, react with hydrocarbons on warm, sunny days with little wind.

The air quality forecast is available on the AIR tool website, DAQ’s website or the AirNow site. Next day and extended forecast are issued by 3 p.m. with a morning update by 10 a.m.

The division’s Twitter feed and Facebook account also provide forecast updates, information about active air quality alerts and opportunities to learn more about air quality issues.

The air quality forecast gives users up-to-date localized information for 91 counties and two ridge top zones, including the next day’s forecast.

In partnership with the North Carolina State Climate Office, the division developed in 2021 the Ambient Information Reporter (AIR) tool. This is a mobile-friendly website that provides real-time and historical air quality and meteorological observations, including data on satellite-detected fires and smoke. It also includes the latest air quality forecast with charts and graphs of hourly and daily data trends.

The division also developed the Ozone Design Value Predictor tool, an online mapping tool that displays current year and long-term trends in measured ozone data for all ozone monitors in the country. The tool provides an up-to-date snapshot of ozone monitor attainment status based on current-year ozone data.

Ozone was once the state’s most widespread air quality concern and contributor to breathing problems. In recent years, ozone continues to decline because of steady reductions in emissions from its primary air pollution sources: power plants, industry and motor vehicles, according to the division. The Environmental Protection Agency designated North Carolina in 2017 as attaining the 2015 ozone standard statewide. Since then, the state has maintained compliance with the standard.

The North Carolina Department of Environmental Quality released Monday this year’s update to the state Greenhouse Gas Inventory.

The inventory includes detailed estimates of greenhouse gases in key source categories, such as from 1990 to 2018, and projections of the state’s greenhouse gas emissions through 2030.

“The updated inventory shows that North Carolina is making progress and our efforts to cut greenhouse emissions are paying off,” said NCDEQ Secretary Elizabeth S. Biser in a statement. “It also highlights the need for continued focus on the transportation sector to meet our climate goals.”

The update focuses on four primary source categories: electricity use; transportation; residential, commercial and industrial fuel combustion; and land use, land use change and forestry, with significant changes in some estimates, officials said. Revisions were made to the transportation sector analysis due to newly available data and the use of an updated Environmental Protection Agency-approved transportation model.

The state provided the following highlights of the update:

• Between 2005 and 2018, North Carolina reduced gross greenhouse gas emissions by 16% and net emissions by 23%, while North Carolina’s population and real gross state product grew by 19% and 24%, respectively. 
• By 2030, net emissions are forecast to decrease by 39%, relative to 2005 baseline emissions, with the inclusion of the electricity sector reductions mandated by House Bill 951, Energy Solutions for North Carolina.
• The inventory’s emission projections do not include all reductions expected as a result of policies enacted after 2020.
• The transportation sector accounts for 36% of the state’s gross greenhouse gas emissions and is projected to decrease emissions at a much lower rate compared to the projected decrease in electricity generation emissions by 2030.  
• Forests, natural lands and agricultural lands sequestered an estimated 26% of the state’s gross greenhouse gas emissions in 2018.

The inventory is for use by policymakers and environmental planners to understand past, current and expected future greenhouse gas emissions in North Carolina. It can also be used as a baseline to evaluate and develop mitigation options for the state and predict their effect on reducing emissions in future years, officials said.

Government entities and certain organizations may now submit applications for grants to replace their older transit and shuttle buses through the second phase of funding from the Volkswagen air emissions legal settlement.

The request for proposals released Tuesday explains how to apply for the $13.5 million available to replace older, diesel transit or shuttle buses with cleaner, low-emission vehicles to significantly reduce nitrogen oxide emissions and improve air quality, the Department of Environmental Quality’s Division of Air Quality announced this week.

In Phase 2, the Division of Air Quality will prioritize electric vehicle replacement projects to maximize emission reductions and public health benefits. Projects within the 37 counties identified as historically under-resourced are eligible for bonus project scoring points as well as additional technical support during the application process. 

Local, state and tribal government organizations, public or private nonprofit organizations and public-private partnerships may submit proposed projects where the lead applicant is a public sector, public or private nonprofit organization.

The division said it will also hold additional information workshops during the application period. Information regarding applications, eligibility and registration for the division’s online information sessions is to be posted on the division’s website, at https://deq.nc.gov/VW-Transit-Bus-RFP.  

The VW settlement is an agreement between the German automaker and the U.S. Department of Justice on behalf of the Environmental Protection Agency. These settlements resolve allegations that Volkswagen violated the Clean Air Act by the sale of approximately 590,000 model year 2009 to 2016 diesel motor vehicles equipped with “defeat devices,” the EPA states on its website.

The division said it will accept applications for the program until May 2.   

Phase 2 of the VW Mitigation Plan covers the remaining $68 million of the state’s share of a national settlement with the automaker and includes programs for school bus replacement and zero emission vehicle infrastructure. 

Contact the division at daq.NC_VWGrants@ncdenr.gov with the subject title: “Transit and Shuttle Bus_Program RFP” before submitting an application and in advance of the submission deadline.

The schedule for future requests for proposals is available online. 

North Carolina Department of Environmental Quality’s Division of Air Quality is asking for public comment until Feb. 19 on a paper company’s proposed projects to improve operation of its plant near Plymouth, where Martin, Bertie and Washington counties meet.

The Domtar Paper Co. facility on N.C. 149 near Plymouth produces softwood fluff pulp used in the production of adult incontinence products, baby diapers and absorbent hygiene products, according to its website.

The facility is defined as a major stationary source, which is any building, structure, facility or installation that emits or may emit a regulated new source review, or NSR, pollutant. The facility has applied for a modification of the current Title V Prevention of Significant Deterioration permit, according to NCDEQ. 

The modification includes a proposed project to reconfigure the facility’s lignin solids removal plant, where lignin, which acts a a binder for the cellulose fibers in wood, is extracted; route a portion of process gases to a new two-phase packed bed caustic scrubber, which remove air pollutants; add a dust collection system with wet cyclone; and other changes to improve operation of the plant.

The proposed project will result in a significant emissions increase of total reduced sulfur and hydrogen sulfide. Total reduced sulfur means the sum of the sulfur compounds hydrogen sulfide, methyl mercaptain, dimethyl sulfide and dimethyl disulfide, that are released during the kraft pulping operation.

The facility is in Martin County, near the county lines of Bertie and Washington. The environmental justice report evaluated the demographics and socioeconomics within the one-mile buffer around the facility, located in Martin, Bertie and Washington counties.

Copies of the draft permit, permit review and draft environmental justice report are available online.

Comments or requests for a public hearing will be accepted until Feb. 19. Comments can be emailed to daq.publiccomments@ncdenr.gov with “Domtar.19B” in the subject line. Comments can also be mailed to: NCDEQ Division of Air Quality, 1641 Mail Service Center, Raleigh, NC 27699-1641.

The state has submitted to the trustee a proposed plan to invest the remaining VW Settlement funds, about $68 million, on projects to significantly reduce NOx emissions and improve air quality.

North Carolina Department of Environmental Quality’s Division of Air Quality has submitted the Volkswagen Mitigation Plan for Phase 2, according to an announcement Wednesday.

The VW Settlement is an agreement between the German automaker and the U.S. Department of Justice on behalf of the Environmental Protection Agency. States must develop plans for using their settlement funds and submit them for approval to the trustee, according to NCDEQ.

The state’s beneficiary mitigation plan is in three phases. The Phase 1 VW Settlement awards resulted in 172 vehicle replacements including 111 school buses, 27 DC Fast Charge stations and 78 Level 2 charging stations. The awarded projects will result in a total annual NOx reduction of more than 27.3 tons. Phase 1 disbursed 33% of the state’s $92 million share of the settlement funding.

Based on the success of Phase 1 and public feedback on the Phase 2 draft plan, the Phase 2 plan includes the following:

• 40%, or about $27.2 million, for school bus replacements.
• 20%, or about $13.6 million, for transit bus replacements.
• 20%, or about $13.6 million, for heavy-duty equipment replacement.

In Phase 2, DEQ will prioritize electric vehicle replacement projects to maximize emission reductions and public health benefits. DEQ will allocate the maximum amount allowed around $10.2 million to the Zero Emission Vehicle Infrastructure program to increase the state’s charging capacity.

Once the Phase 2 plan is accepted by the trustee of the Volkswagen Mitigation Fund, the Division of Air Quality will release the request for proposals for each program category. Specific information on the timeline and applications will be available online.  

The division will solicit input on spending priorities for Phase 3, around $30 million, and review and revise the plan before concluding Phase 2.

To receive email updates about this topic, send an email with “Subscribe” in the subject line to daq.NC_VWGrants@ncdenr.gov.

The North Carolina Department of Environmental Quality’s Division of Air Quality issued a permit modification Monday for Ecolab Inc., a log fumigation facility at the Port of Wilmington, to help alleviate congestion there.

Due to apparent supply chain issues, the facility has been unable to secure the equipment required under its existing air permit issued on Sept. 29.

To avoid further congestion at the port, the state granted a time-limited modification to allow an alternate operating scenario using temporary stacks and fans with the daily methyl bromide emission limit set at less than 50% of the current permit.

Ecolab Inc. is required to comply with all operational limits, monitoring protocols, recordkeeping requirements and reporting requirements in its existing permit. The temporary operating scenario expires in six months. The permit modification also requires testing within 45 days of permanent equipment start up instead of 90 days.

Modeling of the alternate operating scenario indicates the facility will be able to comply with the existing permit limits as well as the Acceptable Ambient Level for methyl bromide in the state’s air toxics rule, according to the state.

A rule put in place Nov.1, 2020, established emission control requirements for log fumigation operations and amendment to the state air toxics rule added methyl bromide and established Acceptable Ambient Levels, or AALs.

The permit and other related documents can be found at https://deq.nc.gov/methyl-bromide. 

A virtual meeting next month will give the public an opportunity to speak out on the new animal waste management digester system general permits.

Hosted by the North Carolina Department of Environmental Quality, residents can participate in the 6 p.m. Dec. 14 meeting online or by calling 415-655-0003. Event Password is AFOPermit2021 or 23673764 from phones. Meeting access code is 2431 249 0753.

Animal waste digester systems are a combination of animal waste digestion equipment and covered lagoons that process animal waste and collect gases from animal waste for use as a renewable energy resource, according to the department. Currently, digester systems are processed as modifications to a facility’s existing permit. The 2021 Farm Act established specific requirements for the development of the digester system general permits.

The new general permit will include all of the existing and enforceable requirements of the 2019 state general animal waste management permits, including developing and maintaining a certified animal waste management plan, and complying with siting, buffer, testing, inspection and reporting requirements, according to the state.

To speak at the Dec. 14 meeting, sign up by 5 p.m. Dec. 13 using the online form.  For those who cannot attend the meeting, public input can be submitted via email to publiccommentsDWR@ncdenr.gov until Dec. 17. There will be more opportunities for public comments on the draft general permits in early 2022.

The department will hold two technical stakeholder workgroup meetings in November and December. Stakeholders for the technical workgroups represent community groups, environmental justice organizations, environmental advocacy organizations, state and federal agencies, academia and industry.

The digester system general permits stakeholder process will focus on permit conditions specific to the implementation of digesters. Summaries of the technical workgroup sessions will be posted online prior to the public input meeting. Additional information and updates on the stakeholder process are online.

Ecolab Inc., a log fumigation company in New Hanover County, and Flowers Timber Co. Inc. in Wayne County have been issued air permits from the state Department of Environmental Quality’s Division of Air Quality, the state announced Wednesday.

Both facilities applied for permit modifications to continue operations within the limits required under new state emissions rule that went into effect Nov. 1, 2020, regulating log fumigation.

The new rule established emission control requirements for log fumigation operations and amendment to the state air toxics rule added methyl bromide and established acceptable ambient levels.

“After thoroughly considering comments received during the public engagement process, DAQ has issued the permits with operational limits, monitoring protocols, recordkeeping requirements and reporting requirements to comply with the log fumigation and air toxics rules,” according to the state. “The final permits also include revised requirements for leak detection and testing within 90 days of permit issuance. Additionally, the permits also allow for the fumigation of perishable commodities using phosphine.”

The final permits, final permit reviews, hearing officer reports and final environmental justice reports can be found at https://deq.nc.gov/methyl-bromide.

The state Department of Environmental Quality’s Division of Air Quality and the North Carolina State Climate Office developed a new online air quality tool that features statewide weather and air quality observations about past, current and forecasted air quality events.

The tool, the Ambient Information Reporter, or AIR, features real-time and historical air quality and meteorological observations, including satellite-detected fires and smoke, the latest air quality forecast, along with the ability to view graphs and charts of both hourly and daily data trends.

The tool was designed by meteorological and air quality professionals, along with public feedback from targeted groups.

The AIR tool is available via mobile device for users to access quickly and easily, with the same dataset and functionality as the website version.

A draft permit modification for a log-fumigation facility in Wilmington is up for public discussion.

The state Department of Environmental Quality’s Division of Air Quality is set to host a digital public hearing Tuesday, Aug. 31, on proposed permit changes for the Ecolab Inc. facility at the N.C. Port of Wilmington.

The permit modification incorporates changes to meet the state’s recently enacted methyl bromide regulations. The draft permit, draft permit review, and environmental justice draft report can be found at https://deq.nc.gov/methyl-bromide.

To listen by phone, call 1-415-655-0003 and use access code 161 134 8802. To view online, use WebEx Link https://bit.ly/3eYlkDy and event password NCDAQ. To speak during the public hearing, register by 4 p.m. Aug. 31 at  https://bit.ly/2TBM6Kf or call 919-618-0968.

The Division of Air Quality in 2018 began rulemaking for state regulation of methyl bromide, an odorless, colorless gas that can cause neurological and respiratory effects. As of Nov. 1, 2020, the use of methyl bromide for log fumigation is regulated by a new state emissions rule and an amendment to North Carolina’s state air toxics rule.

Comments can also be submitted by email to DAQ.publiccomments@ncdenr.gov with the subject line “Ecolab, NCSPA” or via voicemail at (919) 707-8714. Comments will be accepted until 5 p.m. Sept. 2.

CASTLE HAYNE — The four-year legal battle over Titan America’s air-pollution permit for a proposed cement plant here is over, a month after the company scrapped plans for the project.

Titan announced in early March it would abandon its plans first announced in 2008 to build a new cement plant, which would have been a major source of air pollution. The company, which will continue to operate a cement terminal at the site, applied to state regulators March 29 to change its permit in light of the abandoned plans for mining and production operations.

Environmental groups including the N.C. Coastal Federation, Cape Fear River Watch and PenderWatch & Conservancy had challenged the company’s permit. The Southern Environmental Law Center, which represented the groups, announced Tuesday the N.C. Court of Appeals had granted the groups’ request to dismiss an appeal because the approval of the plant had been withdrawn.

“For years, Titan and the Department of Environmental Quality tried to keep citizen groups from getting a hearing on significant and avoidable air pollution from this proposed plant,” said law center attorney Geoff Gisler. “With Titan’s announcement that it has abandoned its plans and the state’s withdrawal of its authorization to build the plant, we have achieved the goal of this lawsuit — protecting citizens of New Hanover and Pender counties from Titan’s pollution when DEQ failed to do so.”

DEQ spokesman Tom Mather disputes Gisler’s assertion about the hearings.

“In fact, the department conducted a series of public hearings on the proposed permit for the Titan facility that were attended by thousands of local residents.  The department held two hearings on Oct. 20, 2009, and three more hearings on Sept. 27 and 29, 2011,” Mather said in an email.

Opponents said the plant’s air pollution could have resulted in hundreds of cases of severe respiratory symptoms, at least one premature death each year and associated health costs of millions of dollars for the area. Mather also takes issue with this claim.

“The air permit approved by the department would have required state-of-art air pollution controls, and the department conducted extensive analyses showing that the facility could comply with all applicable air quality standards and regulations,” Mather said.

Opponents said the company’s operations would have also resulted in the destruction of more than 1,000 acres of wetlands and threatened Wilmington’s long-term water supply.

“This is a major victory for the health and welfare of the citizens and the environment of New Hanover and surrounding counties” said Frank Yelverton, executive director of Cape Fear River Watch.

The law center filed in 2008 the first legal action against the project. The groups filed a successful challenge under the N.C. Environmental Policy Act in 2010 and intervened to successfully defend the Environmental Protection Agency’s stronger limits on pollution from cement plants in 2011. Since 2012, the groups have fought the state’s three permits for avoidable toxic air pollution from the proposed cement plant.

“This development is a welcome and necessary step to finally closing the books on a proposed facility that would have adversely impacted the region’s clean air and water,” said Zak Keith, lead organizer for the N.C. Sierra Club.

WILMINGTON — New Hanover County launched about two years ago an ambitious project to create a comprehensive plan to help guide development decisions in the rapidly growing and quickly urbanizing coastal county during the next 25 years.

At the time, Carolinas Cement Co., a subsidiary of Titan America LLC, was seeking various approvals necessary to dramatically expand its terminal and mining operations off Holly Shelter Road, near the Northeast Cape Fear River, to a massive cement-production plant. But on March 10, Titan pulled the plug on that plan.

While the company cited market conditions as the reason, few doubted that the decision was likely made more feasible by a bruising, nearly eight-year battle, led by the N.C. Coastal Federation, which questioned the effects the plant would have on air quality, water quality and life in general in the Castle Hayne area of northern New Hanover.

Ruth Smith, communications officer for the county, insisted recently that Titan’s decision has had “no impact” on the comprehensive plan’s progress. “We’re not looking at specific projects,” she said, but others see an opportunity to recalibrate for the future.

“We’d like to see the whole community look at the possibilities of that corridor along the Northeast Cape Fear River corridor,” said Mike Giles, the federation’s coastal advocate in Wrightsville Beach, a few minutes’ drive from the Titan site. “The area could be an unbelievable economic engine for the community.”

Giles said the federation would like to see discussion of ways to develop the area with a focus on quality of life.  “Rather than focusing on a single, heavy, polluting industry, or polluting industries, we’d like to see a vision that would encompass good jobs that would also protect the natural resources,” he said.

Titan’s site covers more than 1,000 acres in total, and Bob Odom, general manager of development for the now, at least temporarily abandoned expansion project, said there are no plans to sell any of the land or to develop it. Neither, he said, are there are any plans to seek or support any efforts to change the allowed use of the property, which is zoned I-2, or heavy industrial. Instead, he said, the company would strongly prefer that the county not allow any significant residential development nearby, since that kind of development is incompatible with mining operations.

Odom said he doesn’t foresee any short-term end to those operations.

The company, Odom said, hasn’t participated in the comprehensive plan project, nor has it been asked to do so. But, he said Titan is following the process.

So, of course, is Karen Dunn, who is the clean communities’ coordinator for the federation’s Wrightsville Beach office. She has served on comprehensive plan committees throughout the process and has been relatively pleased by the work, which is near the point where it will go to the county planning board for a recommendation to the county board of commissioners.

“I see it (the comprehensive plan) as a great opportunity,” she said recently. “It’s a chance for people to come together, as part of a visioning process, to say what they would like to see happen.”

She said the federation, as part of the coalition that fought the Titan expansion, should be at the forefront of that process. “We will continue to press for public participation,” she added. “That’s my passion.”

The real key, Dunn said, might be what happens after the comprehensive plan is approved and adopted. The next step is turning the county’s piecemeal development rules into a unified development ordinance. That could include rezoning certain areas, the possibility to which Odom referred.

The county’s zoning map shows property to the west of Titan’s industrial site, close to the river, as a conservation district. Land to the southwest is zoned general residential, and to the south, it’s shown as “community, mixed use.” The process for developing a unified ordinance will include opportunities for residents to weigh in.

Dunn noted that the county’s zoning classification system dates back to the late 1960s, and there have been relatively few significant changes since then. That was a period before the U.S. Clean Water Act, even before the state’s ground-breaking Coastal Area Management Act, which required land-use plans in all 20 coastal North Carolina counties.

Thinking has changed, Dunn said, and so have philosophies of what kinds of development should occur in specific locations.

Ideally, she said, the county’s development ordinance would include entirely new zoning classifications to reflect the philosophical changes regarding proper land uses in specific areas, particularly those close to water, and even more particularly those close to rivers as environmentally and culturally significant as the Northeast Cape Fear River. The county, she said, should also strongly consider incorporation of conditional-use zoning, which countless communities have used to require specific measures in exchange for development approvals.

“It’s critical,” she said, “to get a good comprehensive plan in place, because that will guide what happens with the UDO (unified development ordinance).”

Giles said the federation wants a more inclusive discussion about the region’s overall economic strategy. He called for a focus on sustainable development that takes advantage of, but doesn’t adversely affect, natural resources. A community discussion of the future and economic and environmental strategy for the entire lower Cape Fear River is needed, he said. Improvements to the special-use permit process in the county, especially with regard to industrial development, are key. The federation has taken the lead in that effort, presenting ideas to the county manager, Chris Coudriet.

The federation, with money from a $25,000 grant, developed ideas that would allow the county more control of industrial development. The proposal would amend the existing special-use permit process, which until fierce opposition arose appeared to pave the way for the Titan project and allowed existing industry to expand without special permitting.

Finally, Giles said, the federation is focused on a task force strategy, which it has used, “to address protection of groundwater aquifers as one of the primary sources of clean drinking water.”

The U.S. Geological Survey, he said, has identified the southeast coast of North Carolina as one of six areas of concern in the U.S. in terms of sustainable water supplies for the future. Meanwhile, the state-level Lower Cape Fear River Study bill report, championed by Rep. Rick Catlin, R-New Hanover, is due out for comment later this year. This research is important, not only because the Titan project would have used untold amounts of water, but also because New Hanover is growing so quickly.

Officials estimate that in the next 25 years the county will gain about 123,000 new residents, bringing the total nearly 337,000. That’s roughly equivalent to adding another Wilmington.

The plan, according to county officials, is to finish the comprehensive plan this summer, and to begin implementing it. Developing the new development ordinance is expected to take two or three years, with the help of an outside consulting firm.

Dunn said she thinks that’s a good idea, as an outside firm will help ensure not only fair play, but also avoid even the appearance of bias, a critical factor in dealing with the residential, commercial and industrial development community, as well as environmentalist and conservation groups, such as the federation.

Although the comprehensive plan development has slowed in recent weeks because of unexpected issues raised by developers and other business interests, Dunn said she remains convinced the process has been a good one because it values public participation.

“It’s better to have a broad-based stakeholders’ group involved, and a lot of public discussion,” she said.

Smith, the county spokesperson, said public hearings on the comprehensive plan should be announced soon, but there is no set timetable for the plan to go to county commissioners for approval.

Learn More

• New Hanover County’s comprehensive plan
• The Titan decision

WILMINGTON — Titan America’s Carolina Cement Co. has applied to state regulators to modify its current air quality permit, deleting the proposed equipment for a Portland cement plant that was part of a controversial expansion plan the company abandoned earlier this month.

Titan announced March 10 that regional market conditions had changed and building a plant at the company’s site on the Northeast Cape Fear River in New Hanover County was not worth the high cost.

The letter to the N.C. Department of Environmental Quality’s Division of Air Quality, dated March 29, that accompanies the company’s new application indicates the change makes its Castle Hayne facility eligible for a small permit classification, rather than the classification for particulate emission and toxic air pollutants associated with the 2013 permit for the mining and production operations.

Environmental groups say the company’s application to change the application confirms the company has indeed scrapped the plan first presented in 2008 that prompted years of protests by concerned residents and legal challenges over the federal air quality permit for the project’s emission of particulate matter, particles and soot linked to serious health conditions.

“In other words, this is a real confirmation they are not trying to pull a fast one and are truthful about not building the cement plant and mine,” said Mike Giles, a coastal advocate with the N.C. Coastal Federation. “This also means the air permit we were challenging would no longer exist and no appeal will be necessary.”

The federation and other groups had challenged Titan’s state air permit. A hearing is scheduled for next week in state superior court. If the state grant’s the company’s request for a scaled back permit, the challenge becomes moot.

The only equipment listed in the revised application is existing gear: a railcar- or truck-unloading system that’s partially enclosed, a cement screw conveyor/truck loadout and a single cement silo with an estimated capacity of 2,200 tons.

The application deletes items that were not built, including quarrying, crushing and handling machinery, a kiln system, finish mills, roads and various other related mining, handling and storage equipment.

Learn More

• Permit modification application
• Opponents celebrate Titan decision

Reprinted from N.C. Health News

North Carolina is on track to meet new federal limits on the air pollutant ozone, according to environment officials’ recent assessments of the state’s air.

Numerous counties throughout the U.S. will initially struggle to meet the limits, according to the U.S. Environmental Protection Agency. Yet environment officials in North Carolina say the state shouldn’t have any trouble, even in urban areas like Charlotte that have historically battled ozone pollution.

Carteret and New Hanover are the only two counties on the coast that are monitored for ozone pollutant. Both should meet the new standard.

The EPA’s new rules cap ground-level ozone at a concentration of 70 parts per billion in the air. That cap, finalized Oct. 1, is more stringent than the 75-parts-per-billion cap used since 2008.

Ozone is one of six pollutants regulated under the federal Clean Air Act’s National Ambient Air Quality Standards. The pollutant can cause a variety of health problems and can particularly harm children, the elderly and people with respiratory ailments, according to the EPA.

When breathed, ground-level ozone can cause acute lung damage. It can also lead to an increased number of asthma attacks and an increase in asthmatic symptoms, among other problems.

According to the EPA, by 2025 the new limits will lead to drastic national improvements in the public’s health, including 230,000 fewer asthma attacks and 28,000 fewer missed days of work.

North Carolina may already be reaping the benefits of clean air. The state’s counties have already met the EPA’s new limits, based on measurements taken between 2013 and 2015, according to Tom Mather, a spokesman at the state’s Department of Environmental Quality.

“Ozone levels have been steadily declining across North Carolina for the past 15 years, and we expect that trend to continue, so we do not anticipate any problems complying with the new standard,” he said in an email.

The state’s air monitors support Mather’s confidence. Throughout the state, most counties measured ozone between 60 and 65 parts per billion, or ppb, a map of the monitors shows.

The highest measurement comes from Mecklenburg County, which includes Charlotte. Yet even there, ozone averaged 68 ppb, a level that still falls below the EPA’s new threshold. Levels in Carteret County averaged 60 ppb and in New Hanover 61 ppb.

What Is Ozone

Ground-level ozone is a colorless gas and the product of chemical reactions among nitrogen oxides, volatile organic compounds and sunlight. These reactions are sped up by warm weather, which is partly why ozone can be a problem in areas like Los Angeles, which has a warm climate and a large population of car drivers.

Humans do much to create ground-level ozone. Cars and power plants, among other pollution sources, emit nitrogen oxides. Humans are also partly responsible for volatile organic compounds, since solvents and paints, in addition to other products, evaporate and release the compounds into the air.

But North Carolina’s greenery is also partially to blame, according to Chris Frey, an engineering professor at N.C. State University.

“Vegetation, like trees, produces some volatile organic compounds that are photochemically active,” he said. “So in North Carolina, because we have fairly lush green vegetation statewide, we tend to have plenty of organic compounds.”

What helps keep ozone levels low then is our ability to minimize nitrogen oxide emissions, Frey said.

In North Carolina, that work largely fell on the Clean Smokestacks Act. The law, signed in 2002 by Gov. Mike Easley, required power plants to dramatically cut their emissions of nitrogen oxides and sulfur dioxide, another air pollutant.

To meet these requirements, Duke Energy and then-Progress Energy installed pollution-control technology on their coal plants. The companies also closed older, inefficient plants or converted plants to burn natural gas, a cleaner fuel source, Mather said.

But the law wasn’t the only cause of the state’s declining ozone levels.

At the federal level, the EPA adopted more stringent pollution standards for cars and trucks, as well as diesel fuel and diesel engines.

“All these things together have led to the declines in (nitrogen oxides) emissions and improvements in air quality with regard to ozone and particle pollution,” Mather said.

That has been the case even as North Carolina’s population has grown, he said.

State data bear out this point. Fifteen years ago, North Carolina had roughly two million fewer residents than it has today. And yet between 2001 and 2003, 20 counties violated the EPA’s ozone standard, which at the time was 80 parts per billion, as opposed to today’s more stringent standard.

Mather said this trend of increasingly clean air will likely continue.

As residents continue to buy newer cars, North Carolina’s auto fleet will continue to get cleaner, he said. And the EPA’s proposed climate plans, if implemented and held up in court, would improve air quality, he added.

Not Good Enough?

But some health advocates and researchers say the EPA’s new standard isn’t strong enough.

Though the EPA’s new standard “is an improvement, it falls short of what is necessary to safeguard healthier, longer lives for our children and for all Americans at risk,” said Vickie Patton, general counsel at the Environmental Defense Fund, in a press release.

An independent advisory committee to the EPA echoed those sentiments. The Clean Air Scientific Advisory Committee, in a letter to EPA Administrator Gina McCarthy, wrote that “based on the scientific evidence, a level of 70 (parts per billion) provides little margin of safety for the protection of public health, particularly for sensitive subpopulations.”

Frey led the panel that reviewed academic literature and made these recommendations. The group recommended that EPA choose a limit between 60 and 70 parts per billion. But the upper limit still raised panel members’ public health concerns, he said.

“There was a general feeling that 70 parts per billion might not provide the margin of safety that’s called for in the Clean Air Act,” he said. “It’s just barely below the level that, in clinical studies, led to effects in healthy adults.”

But McCarthy countered that assessment, and concluded that the 70-parts-per-billion standard would be strong enough to protect health.

The EPA says that by October 2017, it will designate counties as being in or out of compliance with the new standard. Some U.S. counties will have until 2037 to meet the new ozone standard, depending on the severity of their pollution.

Learn More

• EPA’s new ozone standard
• Critics’ letter to EPA
• Health effects of ozone
• N.C. Clean Smokestacks Act
• N.C. monitoring data

This story is provided courtesy of N.C. Health News, a website covering health and environmental news in North Carolina. Coastal Review Online is partnering with N.C. Health News to provide readers with more environmental and lifestyle stories of interest about our coast. You can read other stories about health care here.

Illustration: Idaho State University

WILMINGTON — Mining operations at a proposed cement manufacturing plant in Castle Hayne could have far-reaching impacts on groundwater supplies in New Hanover County, according to a review sponsored by the N.C. Coastal Federation.

An examination of the effects of dewatering – the process in which water is withdrawn during mining – raises a list of concerns, including the possibility of water level declines in the Castle Hayne and Peedee aquifers, drying wetlands and contamination spills into the Northeast Cape Fear River.

The federation in 2011 hired independent consultant Curtis Consolvo, president of GeoResources Inc., to analyze existing information available about Carolinas Cement’s mining projections and hydrogeological characteristics of the surrounding area of the proposed operation. Carolinas Cement is a subsidiary of Titan America.

The study is based on open-pit mining to an estimated depth of 80 feet with projected groundwater withdrawal rates of 10 million to 16 million gallons-per-day, a calculated range Titan officials say they anticipate being more on the order of 3 MGD to 11 MGD, averaging 5 to 6 MGD.

Water Supply

Well water to thousands of residents and businesses in the region primarily comes from two aquifers – the Castle Hayne and the Peedee.

These aquifers are the primary groundwater sources for large public and industrial supply wells, including 25 wells that provide water to the Cape Fear Public Utility Authority. The utility operates a water treatment plant about six miles south Carolinas Cement’s site. The plant treats an average of 2.7 MGD of water drawn from 10 wells in the Castle Hayne aquifer and 15 in the Peedee aquifer, providing drinking water to more than 32,000 people.

A chief concern raised in Consolvo’s review is the likelihood of a broad cone of depression forming in the Peedee aquifer as a result of mining.

Mine dewatering could affect local wells in the Castle Hayne aquifer and, more critically, reduce recharge rates to the Peedee aquifer, causing an overall decline in water supply.

Roger Shew, lecturer of geology with the Department of Geography and Geology at the University of North Carolina at Wilmington, agrees with that assessment.

“There’s no question that a relatively large cone of depression will form around the mine site,” Shew said.

A lower water table will affect local residents, in particular, those with shallow wells, and it could create an issue with groundwater supply, according to the review.

Sustaining these aquifers has been an ongoing concern for the utility.

Roger Shew

Rep. Rick Catlin

N.C. Rep. Rick Catlin, R-New Hanover, served on the utility authority board when he was a New Hanover County commissioner from 2010-2012.

“We’ve got ponds that are drying up,” he said. “We’ve got wetlands that are drying up. If there is a negative impact from quarry dewatering then that is a potential water resources concern and a potential cost to water customers in the community. Losing any aquifer sustainability would decrease the time of our sustainability out of the river. We have to keep our aquifers sustainable. It would be a permanent disaster if we destroyed our aquifers.”

Catlin said he is “having some discussions” in the N.C. General Assembly about ways in which the region’s aquifers can be protected.

One study – an environmental impact statement – will examine potential groundwater impacts. The study must be conducted in order for Titan to move forward with operations. Titan has not yet started the process.

“These studies will progress under the direction of the ( Army) Corps of Engineers once we are able to focus our resources back on the EIS process,” Kate McClain, Titan spokesperson, wrote in an email responding to questions. “We anticipate these studies will include characterizing the groundwater and aquifer using site specific data as well as available data for the region, evaluating current groundwater quality, and conducting numerical modeling to evaluate the impacts of the operations on the surrounding area.”

Titan officials say quarry operations will be similar to other mining activity that has been conducted in the area for more than five decades.

McClain stated that the company is not aware of reports of “significant problems related to aquifer drawdown or groundwater quality impacting any neighbors or resources.”

“With that being said, there is still a lot of work and studies to be done as part of the EIS to confirm this,” she wrote.

Mike Giles, a coastal advocate with the federation, said the company will be able to withdraw unlimited amounts of groundwater for its mining operation.

“There is no permit, per se, for groundwater withdrawal,” he said. “Titan could pump as much as they want to out from that aquifer. It’s not regulated. In this day and age with droughts and the cost of providing clean drinking water, that’s one of the most alarming facts is the amount of water this operation will consume. The only permit they have that is connected to that withdrawal is where they discharge.”

Large groundwater withdrawals in 15 counties along the central N.C. coast must first receive state permits. But elsewhere no permits are required.

Quarry operators must obtain a state permit to discharge into rivers. Titan has not applied for a discharge permit.

“We feel that there are opportunities to utilize this water in a beneficial manner instead of just discharging it to the river,” McClain wrote. “We hope that working with the state and local governments, we will be able to develop a way to use this water as a resource. If successful, it would be an opportunity that other quarries and local governments may be able to implement as well.”

Wetland Effects

Mike Giles

About a third of the  3,000 acres Carolina Cement owns in Castle Hayne are wetlands, Giles said.

One of the permits the company must obtain prior to operating is a federal  wetland permit. Titan has not yet applied for the wetland permit.

“That wetland permit is for disturbance and filling,” Giles said.

Area wetlands, especially those away from the Northeast Cape Fear River, could be stressed as a result of lowered water tables.

Wetlands rely on “wet feet” for their root system. Lowered water tables would change the hydrology for plants, which would affect their vitality.

Consolvo’s review concludes that surface water features and wetlands isolated from open water flow and the river “will likely be more vulnerable to impacts.”

In 2008, Carolinas Cement announced it had developed a new quarry plan, one that would preserve more than 310 acres of wetlands the company owns bordering the Northeast Cape Fear River and Island Creek.

Still, that does not account for the thousands of wetlands that could be affected by mining.

Sinkholes

Carolinas Cement’s proposed plant is next to an abandoned quarry and former processing facility for chromite, a mineral that contains chromite essential for making things like stainless steel and chrome plating.

Since 1975, efforts have been ongoing to remediate groundwater contaminated with chromium-6, also known as hexavalent chromium, a human carcinogen known to cause cancer and other health problems.

Extraction wells have been effective in establishing “capture zones” and reducing contaminant concentrations over time, according to Consolvo.

Dewatering at the proposed site and the potential for lower water tables “may substantially alter contaminated groundwater flow,” he writes.

“This could contaminate our groundwater resources,” Giles said. “That’s the biggest, most alarming thing.”

There is also the likelihood sinkholes will form as a result of drawdown. Several sinkholes have occurred from past mine dewatering operations at the proposed site.

Sinkholes like this one in Florida can form when too much water is drawn from the ground. Photo: Southwest Florida Water Management District

“Deeper and more expansive mining is proposed by CCC,” Consolvo writes. “Additional sinkhole development should be anticipated and may be more pronounced and/or farther reaching.”

Finding Answers

Going forward, Consolvo said, more studies need to be conducted to understand the full potential impacts mining could have on groundwater resources.

“I’ve laid out in what my opinion are the potential impacts that need to be considered,” he said. “I list impacts that may turn out to be of key concern and may not turn out to be of any concern at all. There’ll be a degree of uncertainty until it’s actually operating.”

Titan might be able to cast aside at least some of the doubt if they would be more transparent about the proposed facility, Giles said.

“We know for a fact that Titan officials have met with (N.C. Department of Environment and Natural Resources) Secretary John Skvarla and Assistant Secretary Brad Ives to talk about the permitting process,” he said. “Why aren’t they meeting with the public?”

The bottom line, Giles said, is that the federation and other environmental groups opposed to the proposed Titan plant are not anti-cement. They are against the proposed location of the facility.

“I’m not anti-cement or anti-mines,” Shew said. “We need materials. The problem is that whenever you put something like this next to an area that could greatly impact the surroundings. Doing it in the right place, in the right way, is most important.”

Reprinted from the Carteret County News-Times
MOREHEAD CITY — Cogent Fibre has abandoned a controversial proposal to fumigate logs for export from the state port here.

Robert Mantrop, a partner with Cogent Fibre, said last week that the decision was based on public opposition, expressed during an informational meeting held Aug. 28 at the Crystal Coast Civic Center, to the use of a toxic pesticide to treat the log.

“As a company, we’ve thought long and hard and weighed our options,” Mantrop said.

About 150 attended the public forum at the civic center on the plan and the recently filed state air quality permit application to use the pesticide methyl bromide. Many who spoke at the city-sponsored meeting said the plan is dangerous and incompatible with the surrounding area.

Because it is considered an ozone-depleting substance, methyl bromide was phased out by the Environmental Protection Agency in 2005, except for allowable “critical use exemptions” – cases in which there are no technically and economically feasible alternatives or substitutes available that are acceptable from the standpoint of environment and public health, according to the EPA.

The pesticide is still allowed to fumigate logs, and many countries require that imported logs first be treated with the pesticide. The EPA also allows strawberry growers and some food producers to also use methyl bromide.

Logs are covered in tarps and readied for fumigation. Photo: Capital Pest Control, India

Cogent Fibre had planned to contract the fumigation work out to Royal Pest Solutions Inc., also known as Royal Fumigation, of New Castle, Del., the company that applied earlier this summer for an air quality permit for the operation at the State Port in Morehead City.

Mantrop said the public’s questions and concerns, along with concerns of some company officials, led to the decision to scrap the plan.

The project was in its “exploratory stages,” he said.

“We were just going through the process to see if it (the log-export business) was something that could be done,” Mantrop said. “The (Aug. 28) meeting was preemptive but it made us step back.”

He said Cogent Fibre also researched methyl bromide, and officials with the company didn’t like the results.

“We want to be viewed as a company that has a positive impact in the community,” he said.

Cogent Fibre also released a statement on the decision, saying the company’s primary “mandate” is to operate its business in a socially and environmentally responsible manner.

“To date Cogent has continually adhered to this mandate with its existing wood chip operation in Morehead City, N.C., since 2011 and its operation in Savannah, Ga., since 2005. The bulk log- exporting business that is of concern represented a new and unique export opportunity for the Port of Morehead City and Cogent Fibre that was worthwhile exploring,” according to the statement.

The company stated that the first step of any new agricultural trade is to determine regulations and requirements for the product between the exporting and importing countries.

In this case of exporting Southern yellow pine logs to India and China, both countries require the use of methyl bromide as a fumigant before shipping and do not allow for any other method of fumigation.

Cogent had contacted the N.C. State Ports Authority to determine if methyl bromide fumigation was allowed at the port here.

“We were instructed that the current air permit did not allow for such fumigation at the Port of Morehead City but that there is a permitting process conducted by the North Carolina Department of Natural Resources and Air Quality to determine if the activity would be permitted or not,” according to the statement.

Royal Pest Solutions’ permit application was received at the N.C. Division of Air Quality on July 1. The permitting process was expected to take nine to 12 months, according to Cogent.

“However, it was clear from the meeting that there is significant public concern regarding the potential project and more specifically the use of methyl bromide,” Cogent said in the statement.

“As a company it is of great importance to the partners and employees of Cogent Fibre to continue to represent a positive impact on the local community and environment. With this in mind, Cogent Fibre would like to announce that it has listened to the concerns put forward during the meeting and has concluded that those concerns are significant enough to discontinue the pursuit of this project any further.”

The company stated that it will continue with its existing wood chip operations and “continue to develop new opportunities that are in accordance with our mandate.”

Last of two parts

RALEIGH — A group of 85 doctors and medical professionals recently wrote Gov. Beverly Perdue expressing alarm that state lawmakers were considering weakening or dismantling the state’s air toxics program.

“Now is not the time to weaken North Carolina’s air toxics program,” said, Dr. Lawrence Raymond, chair of the Medical Advocates for Healthy Air. “Having more toxic pollutants in the air we breathe will only diminish our state’s appeal and will certainly decrease public healthy, especially for children, seniors and those with medical conditions.”

Dr. Lawrence Raymond

Republican legislators in the GOP-controlled N.C. General Assembly are considering changes to the state’s 20-year-old program that would exempt North Carolina’s largest polluters of dangerous airborne chemicals from meeting state standards that are meant to protect people’s health.

If the legislative majority’s “reckless attack” on the air toxics program is successful, the doctors wrote, the changes will be paid for by personal health tragedies and medical expenses by many families in North Carolina. Exposure to air toxins is linked to cancer, pediatric respiratory disease, adult respiratory and cardiac disease and premature death. Children, pregnant women and seniors are most at risk of harm from industrial emissions.

Legislators promoting the changes note that industries that discharge toxic chemicals into the air would still have to meet federal standards. The state program, they argue, duplicates federal law and forces unnecessary expenses on industries in North Carolina. Some of the state’s largest industries and business organizations have been pushing legislators to abolish or greatly modify the state program.

State vs. Federal

But as the doctors pointed out in their letter the state air toxics rules are distinctly different than the technology-based federal programs. Federal air pollution standards focus on improving technology controls while state standards are based on protecting community health.

Federal rules, adopted by the U.S. Environmental Protection Agency, establish technology controls on an industry-by-industry basis. Regulators determine the pollutants of concern from a given industry. They then decide the most effective air pollution technology to reduce the emissions. The regulations require industries to install pollution controls to achieve an established reduction in air pollutants.

Once the federal pollution controls standards are in place for an industry sector, the federal Clean Air Act requires the EPA to review the effectiveness of the standards every eight years and to conduct residual risk of toxic air emissions posed by an industry.  But EPA is woefully behind in doing the residual risk analysis, state air officials say.

And federal standards do not necessarily cover all sources of emissions from a plant. Federal rules do not require, as the state program does, computer analysis of emissions of an air pollutant and concentration levels at a manufacturer’s property line.

For example, with pulp and paper mills, the federal air pollution rules do not cover 11 compounds such as ammonia, hydrogen sulfide and methyl mercaptan. The state does because they are considered a local health threat.

The state air toxics rules also require a facility-wide evaluation and estimation of the concentration of pollutants at the property boundary.

Typically, a plant expansion or addition of new production line will trigger a state requirement that a company do computer modeling to show the emissions will not be harmful to the surrounding community. Some plants must re-analyze their emissions several times within a year if they are constantly adding new production lines that increase emissions, state air officials said. If the analysis shows a plant is exceeding the fence-line concentrations for a given pollutant, the company has to change the design of the plant or eliminate the use of a toxic chemical used in a production process.

“We are often asked to quantify the specific benefits of the air toxics program,” said Mike Abraczinskas, deputy director of the N.C. Division of Air Quality, who acknowledged that it’s difficult to list. “By the time we get an application, they usually have figured it out.”

State Air Quality officials say the state and federal air regulatory programs are complimentary rather than redundant. The state applies standards that weigh health risks to the community, based on scientific studies of a particular chemical.

“It fills a gap where the federal program leaves off,” Abraczinskas said. ‘We have the authority in existing rules that allows us to address unacceptable risks from air toxics.”

As a result of federal and state air regulations, toxic air emissions in North Carolina have steadily declined from more than 120 million pounds a year in 2000 to less than 40 million pounds in 2010, according to EPA data. Electric utilities remain the biggest contributors of air emissions in North Carolina, contributing 40 percent of pollution. Paper mills, such as the Domtar paper mill in Plymouth, contribute 22 percent and chemical manufacturers 13 percent. They are among the industries that are advocating scaling back the state air toxics program.

Born Out of Crisis

North Carolina’s air toxics program had its roots in the environmental concerns of the late 1980s. At the time, many residents of North Carolina were increasingly alarmed about the harmful effects of air pollutants on health. Two projects were feeding their concerns.

ThermalKEM was trying to find a county in North Carolina to accept a large commercial hazardous waste incinerator to dispose of waste from southeastern states. The siting process generated a lot of public anxiety.

Meanwhile, a commercial incinerator in Caldwell County burning waste paints and lacquers from furniture manufacturers was generating one worrisome headline after another. Federal health investigators declared that the Caldwell Systems’ activities posed a public health hazard to workers and the incinerator created a potential health threat to area residents.

Amid these growing public concerns, there was no effective state or federal program regulating toxic air pollutants.

Women in Northampton County in 1991 protest the proposed ThermalKem incinerator. Photo: N.C. Collection, University of North Carolina at Chapel Hill.

“We had very limited regulatory tools to deal with an emitter like that,” said Tom Mather, the public information officer for the state Air Quality Division. “EPA had been very slow to develop an air toxics program.”

Gov. Jim Martin and the N.C. General Assembly directed the state Department of Environmental and Natural Resources to develop an air toxics program. The rules adopted in 1990 initially focused on 84 pollutants with an additional 21 pollutants added the following year.

A number of states adopted air toxics programs during this period because the Environmental Protection Agency was behind schedule in adopting federal air toxics rules.

Today, the North Carolina Air Toxic Programs focuses on 97 toxic air pollutants. That includes 21 pollutants that are not covered by the federal air toxics program, including mercury vapors; hydrogen sulfide, a rotten-egg smelling toxic gas that is produced by paper mills and waste ponds; ammonia; and methyl mercaptan, a foul smelling gas produced by pulp mills.

The air toxic rules are developed by a panel of health scientists and toxicologists who study scientific studies about particular chemicals or compounds, then recommend concentrations limits that are safe for people living near the factories.

‘Director Calls’

An important provision of the state air toxics regulations allows the director of the Division of Air Quality to require that a manufacturer, utility or other source of toxic emissions submit computer estimates showing the concentrations of toxic air pollutants at the property are safe.

State air quality regulators issued a series of these “director calls” from 2007 to 2009 after reviewing toxic emissions generated by industrial boilers at 590 facilities statewide. The state’s analysis showed that the industrial boilers at 18 facilities were exceeding state standards for certain toxic pollutants. The air quality director issued directives to the boiler operators requiring them to modify their facilities to comply. Most were able to show compliance by accepting production limits or changing the fuels they were using.

Under the proposed changes to the air toxic rules, the division director would still have the power to issue a director’s call. But if the agency exercises that authority and requires a facility to submit air permit application and make modifications to comply, the division must inform the chairs of the legislature’s Environmental Review Commission of the circumstances surrounding the directive and provide a copy of the written finding.

Weakening of the state’s air toxics program would disproportionately affect Eastern North Carolina because of the presence of a number of the state’s largest producers of air toxics.

Ironically, exempting many types of industries from state air toxics standards also could make it more difficult for prospective industries wishing to locate in a community. A state air permit states that emissions levels are safe to the community beyond the property line.

“That’s an assurance an industry can provide the public,” said Mather. “Without an air toxics program, they are not going to have that to fall back on.”

First of two parts

RALEIGH — Four of the state’s five largest producers of toxic air pollutants are in Eastern North Carolina. Each year, they emit millions of pounds of chemicals that can make people sick or even kill them.

The state has a program designed to control those emissions and protect people’s health.

But North Carolina’s air toxics program now appears at risk.

Some of the state’s largest companies and business and industrial organizations have lobbied Republican lawmakers, who hold a majority in the N.C. General Assembly, to abolish or modify the state program. A bill to kill the program was introduced in the waning days of the legislature last year, but was hurriedly withdrawn after public protest.

Republican legislators now want to scale the program back to remove what they say are overlapping federal and state environmental requirements that cost businesses time and money.

The legislature’s Environmental Review Commission will discuss the proposed changes when it meets Thursday in Raleigh.  A bill to modify the program may be voted on during the legislative session starting in May.

PCS Phosphate in Aurora on the Pamlico River is the state’s largest discharger of toxic air chemicals. It emits more than 4.1 million pounds of toxic air pollutants a year, according to recent state data. The Progress Energy power plant in New Hanover County contributes 2 million pounds of pollutants. A DAK Americas plastics manufacturing plant near Wilmington generates 1.6 million pounds of pollutants, including acetic acid and hydrogen chloride.

PCS was among the five companies that asked the legislature last year to kill or modify the state program that regulates those emissions. The others were Duke Energy; Domtar Paper Co., which operates a pulp mill in Plymouth; Nucor Steel in Hertford; and Evergreen Packaging, which own a paper mill in Canton.

Toxic Risks

Pollutants from manufacturing plants, paper mills and power plants foul the air and waters of Eastern North Carolina and affect public health. People who breathe certain concentrations of air pollutants may be at higher risk of developing cancer and serious respiratory disease.

Mercury settles out in streams and builds up in the tissue of certain fish and can accumulate in humans who eat the fish. Babies born to women who consume fish with high mercury levels may grow up with development problems. The state warns people about eating certain types of fish caught in the Atlantic Ocean and in certain coastal rivers.

Scientists’ understanding of the effects of air pollutants has advanced in recent decades, but the range of health effects is still only partially understood. To safeguard public health, the state of North Carolina has an air toxics program that focuses on nearly 100 toxic air pollutants that are known or suspected of causing cancer and other serious health problems in humans. The program has been in place since 1990 when Jim Martin, a Republican, was governor. It borrows from the concept that good fences make good neighbors.

State Program

The program requires more than 780 manufacturers across North Carolina, from asphalt plants, to chemical manufacturers to papers mills and power companies, control emissions of toxic pollutants at their fence lines. The requirements are site specific.

Under the state program, each regulated manufacturer or power plant must show through computer estimates that by the time combustion gases and emissions waft to the property line, concentrations of any toxic pollutants are so low that people living or working nearby are not at risk.

Rep. Mitch Gillespie

Whenever the plants add new sources of emissions or increase production lines so as to generate more toxic pollutants, they may have to be new computer estimates showing the emissions will not harm the surrounding community beyond their fence line.

“I do think there are things we can do to make it easier for businesses to compete in a worldwide level playing field,” Rep. Mitch Gillespie, co-chairman of the legislature’s Environmental Review Commission, told lawmakers recently. Gillespie is leading the effort to overhaul the state air toxics rules.

Gillespie unveiled a proposal in late February to exempt many manufacturers and industries from the state standards that protect people from toxic air pollutants in the air they breathe. “Even though this bill is a page and a half, it has major implications,” Gillespie told lawmakers. “It may seem short and sweet, but it’s not.”

Industry Pushed Bill

The draft legislation pushed by a consortium of large manufacturers and industry would exempt many if not most of Eastern North Carolina’s large polluters such as paper mills, chemical makers and power plants from complying with the state’s health-based air toxics regulations. Those utilities and manufacturers that are covered by federal air toxics standards would not have to comply with state regulations requiring computer modeling showing that emission levels are safe to the surrounding community.

If Gillespie is successful, Nucor, International Paper in Riegelwood, PCS Phosphate and Domtar Paper Co. would be largely exempt from the state program. Secondary sources of emissions at the plants not addressed by federal air toxics rules might still be covered by the state program. But state air regulators would have to determine that on a case-by-case basis.

At the direction of Republican legislative leaders, officials with the N.C. Division of Air Quality met with representatives of the manufacturers lobbying group, the furniture industry, the power companies and the N.C. Chamber and negotiated proposed changes to state environmental regulations during a series of meetings in recent months.

Gillespie presented the proposed legislation to the Environmental Review Committee as consensus legislation. It’s common for groups that are affected by regulations to offer input on changes to laws.  But typically, all the groups that have a stake in the outcome are invited to take part. But those who might have challenged the consensus, the environmental groups, were shut out of the negotiating process.

“That was my choice not to let them (environmental groups) be part of the original negotiations,” Gillespie told the committee.

“I’ll treat everyone the same from this point forward,” he said.

Preston Howard, president of the Manufacturers and Chemical Industry Council of North Carolina, told a legislative committee that dual regulations by state and federal agencies results in costly permitting delays and reduced the competitiveness of North Carolina industries. He said the group did not want to abolish the state program, but wished to see it overhauled.

Money Talks

Rep. Joe Hackney

Manufacturers and utilities wield influence with state lawmakers by virtue of contributions to legislators and political campaigns.

An analysis by Democracy North Carolina, a nonpartisan watch group, shows that 17 producers of air toxics and their trade groups, led by the Manufacturers and Chemical Industry Council of North Carolina and the N.C. Chamber, spent $5.2 million on state political donations and lobbying the General Assembly during 2009 and 2010. Their spending was more than 10 times the $481,000 spent by 11 major North Carolina environmental groups.

“This is something the manufacturers and utilities have wanted for years and years,” said Rep. Joe Hackney, the Democratic House minority leader and former speaker. “They sat in my speaker’s office and said they did a lot of modeling that was unnecessary.”

Hackney said environmental regulations addressing air and water are incremental in nature. They’re based on the premise that requiring polluters to spend money to reduce emissions will lead to reduced incidence of respiratory disease and other illnesses

A move in the opposite direction to ease the requirements of the North Carolina air toxics program should confront those advocating the idea with some uncomfortable questions.

“How many asthma cases with children do you find acceptable?” Hackney said. “How many deaths during the worst pollution days do you find acceptable?”

Hackney characterized the effort to accommodate manufacturers by rolling back by environmental regulations to compete with other states in the name of economic development as “a race to the bottom.”

The draft legislation directs the state Division of Air Quality to review the air toxics rules to determine if further changes can be made to reduce the regulatory burden on industries while protecting public health. State officials are supposed to provide the results of their review of air toxics rules in November.

Tuesday: Doctors oppose changes; State vs. federal program