Conserve NC

EPA site provides green house gas data for US, NC

2012-02-02T03:00:00.000-05:00

The Environmental Protection Agency provides detailed data on sites that release green house gases (GHG), available for the entire US and for individual states. “Thanks to strong collaboration and feedback from industry, states and other organizations, today we have a transparent, powerful data resource available to the public,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “The GHG Reporting Program data provides a critical tool for businesses and other innovators to find cost- and fuel-saving efficiencies that reduce greenhouse gas emissions, and foster technologies to protect public health and the environment.”

The GHG data tool can be found at: http://epa.gov/climatechange/emissions/ghgdata/. Clicking on the map on that page will call up a site with the data. A pull down list will allow the user to choose the state of interest. After the state is chosen the emission range can be chosen (the default is 0 to 23 million MT). Clicking “apply” will provide a list of individual plants that fall within the chosen range. The user can also narrow the list by selecting industry type and gas type.

State Releases Environmental Report

2012-01-22T03:00:00.000-05:00

The NC Department of Environment and Natural Resources(DENR) recently released a report “Sate of the Environment” about how the stateis protecting its water, air, and land. According to the report, the air iscleaner and we are putting less raw sewage into our waters. However, the reportpoints out that population growth is causing other pollution problems andstraining drinking water supplies.

Environmental groups gave the report mixed reviews. Theexecutive director of the NC Coastal Federation said (according to a News &Observer story) that the didn’t think the report was specific enough forlegislators to use to decide what programs and issues need more money, and thatthe report would have been a good chance for DENR to show the legislator wheremoney could be best used. According to the News & Observer report, DanCrawford of the NC League of Conservation Voters understood why DENR did notuse the report to complain about funding cuts. He felt that DENR had to becautious.

The News and Observer report is at: http://www.newsobserver.com/2012/01/07/1758758/environment-report-data-response.html.

The DENR report can be downloaded from http://portal.ncdenr.org/web/guest/2011-state-of-the-environment-report.

Keystone XL pipeline permit denied

2012-01-18T15:27:00.001-05:00

State Department News Release:
http://www.state.gov/r/pa/prs/ps/2012/01/181473.htm
Washington, DC
January 18, 2012
Today, the Department of State recommended to President Obama that the presidential permit for the proposed Keystone XL Pipeline be denied and, that at this time, the TransCanada Keystone XL Pipeline be determined not to serve the national interest. The President concurred with the Department’s recommendation, which was predicated on the fact that the Department does not have sufficient time to obtain the information necessary to assess whether the project, in its current state, is in the national interest.

Since 2008, the Department has been conducting a transparent, thorough, and rigorous review of TransCanada’s permit application for the proposed Keystone XL Pipeline project. As a result of this process, particularly given the concentration of concerns regarding the proposed route through the Sand Hills area of Nebraska, on November 10, 2011, the Department announced that it could not make a national interest determination regarding the permit application without additional information. Specifically, the Department called for an assessment of alternative pipeline routes that avoided the uniquely sensitive terrain of the Sand Hills in Nebraska. The Department estimated, based on prior projects of similar length and scope, that it could complete the necessary review to make a decision by the first quarter of 2013. In consultations with the State of Nebraska and TransCanada, they agreed with the estimated timeline.

On December 23, 2011, the Congress passed the Temporary Payroll Tax Cut Continuation Act of 2011 (“the Act”). The Act provides 60 days for the President to determine whether the Keystone XL pipeline is in the national interest – which is insufficient for such a determination.

The Department’s denial of the permit application does not preclude any subsequent permit application or applications for similar projects.

Agreement Cuts Pollution by Retiring Dirty, Old Coal Plants in Carolinas

2012-01-17T22:27:00.000-05:00

The Southern Environmental Law Center released the following press release today:

CHAPELHILL, N.C.—Conservation groups today announced a settlement with Duke Energythat will cut pollution by phasing out over 1600 mega watts of dirty, oldcoal-fired power while still meeting customers’ energy needs.

Thegroups reached settlement in an administrative challenge to the state-issuedair pollution permit for construction and operation of a new coal-fired unit atDuke Energy’s Cliffside power plant near Shelby, N.C. The SouthernEnvironmental Law Center negotiated the settlement on behalf of EnvironmentalDefense Fund, National Parks Conservation Association, Sierra Club, andSouthern Alliance for Clean Energy.

Underthe settlement terms, Duke Energy will retire old coal-fired units that lackmodern pollution control technology, totaling about 1667 megawatts or more thantwice the capacity of the new unit at the Cliffside facility. Duke hadpreviously included these coal-plant retirements in its non-binding, long-rangeplan submitted each year to the state utilities commission. The settlementagreement makes the planned retirements enforceable, thereby locking inreductions in air and water pollution that harms the health of children andfamilies in the Carolinas.

Asa result of advocacy by the conservation groups and other clean energyadvocates, the new Cliffside unit will operate under the most stringent acidgas controls in the United States, with a 99.9 percent reduction in suchpollution. Acid gases, such as sulfur dioxide and hydrochloric acid, fromcoal-fired power plants can cause eye, nose, and respiratory tract irritationand inflammation, chest pain, coughing, nausea, impaired lung function, asthma attacks,and chronic bronchitis.

Thesettlement also tightens a permit provision that Duke Energy must demonstratebest practices to decrease toxic air pollution emitted during malfunction, shutdown and start up situations.

Manyold power plants operate today without modern pollution controls that areoverdue since the Clean Air Act Amendments of 1990. Over 400 coal- andoil-fired power plants nationwide release in excess of 386,000 tons ofhazardous air pollutants into the atmosphere each year that are linked tocancer, heart disease, birth defects, asthma attacks and even premature death.

Statementsfrom the attorney and groups involved follow:

“Thissettlement phases out some of the oldest, dirtiest, and most inefficient coalplants in the Carolinas,” said John Suttles, a senior attorney at the SouthernEnvironmental Law Center who represented the groups in court. “In addition toprotecting people’s health and saving lives, it also will save ratepayers’money by paving the way for a more efficient and sustainable energy future.”

“Thissettlement ends another chapter in the history of polluting coal generationthat jeopardizes our health, air and water," said Michael Regan, directorof energy efficiency for Environmental Defense Fund. "In the future,energy conservation and new technologies will provide North Carolina withreliable energy while protecting our families and economy.”

“Theair quality improvements that will result from this settlement will providepresent and future generations with substantially cleaner air in the region,”said Don Barger, NPCA’s Southeast Regional Director “The health of our peopleand parks, including Great Smoky Mountains National Park in particular, willlong bear witness to the benefits realized from transitioning away from coal.”

“NorthCarolina has long been a clean air leader, and today's settlement is anotherimportant step forward for the Tarheel State. This settlement is critical forthe health of North Carolina's families. Coal-fired electricity is the primarysource of toxic mercury pollution and is a leading trigger of asthma attacks.These retirements will allow North Carolina to move beyond coal, and focus onclean energy solutions like solar and offshore wind," said Mary Anne Hitt,Director of Sierra Club's Beyond Coal campaign.

“Weare pleased to finally have a settlement agreement with Duke Energy to offsetthe enormous amount of carbon dioxide that the Cliffside coal plant will emitover its lifespan,” stated Stephen Smith executive director of SouthernAlliance for Clean Energy. “Duke’s old coal plants need to come offline toreduce the company's contribution to climate change while making room forcleaner, more sustainable energy sources.”

###

About Environment Defense Fund

Environmental Defense Fund (edf.org), a leading national nonprofit organization,creates transformational solutions to the most serious environmental problems.EDF links science, economics, law and innovative private-sector partnerships.See twitter.com/EnvDefenseFundand facebook.com/EnvDefenseFund

About National Parks Conservation Association

Since 1919, the nonpartisan, non-profit National ParksConservation Association has been the leading voice of the American people inprotecting and enhancing our National Park System. NPCA, its 340,000 members,and partners work together to protect the park system and preserve our nation’snatural, historical, and cultural heritage for our children and grandchildren. www.npca.org

About Sierra Club

Sierra Club is the nation’s largest grassrootsenvironmental organization with over 17,000 members in North Carolina and morethan 1.4 million members and supporters nationwide. Since 2002, Sierra Club’sBeyond Coal campaign has successfully stopped 161 new coal plant proposals frommoving forward, and is working to move our nation beyond coal to a clean, safeenergy economy.

About Southern Alliance for Clean Energy

Southern Alliance for Clean Energy is a nonprofitorganization that promotes responsible energy choices that create globalwarming solutions and ensure clean, safe, and healthy communities throughoutthe Southeast. www.cleanenergy.org

About the Southern Environmental Law Center

The Southern Environmental Law Center is aregional nonprofit using the power of the law to protect the health andenvironment of the Southeast (Virginia, Tennessee, North and South Carolina,Georgia, and Alabama). Founded in 1986, SELC's team of more than 40 legal andpolicy experts represent more than 100 partner groups on issues of climatechange and energy, air and water quality, forests, the coast and wetlands,transportation, and land use.
WEB: www.SouthernEnvironment.org

TWITTER: http://www.twitter.com/selc_org

For more information:

Kathleen Sullivan, Senior Communications Manager, 919-967-1450 ksullivan@selcnc.org

Representing:

EDF - Michael Regan, 919-946-4907

NPCA - Jeff Billington, 202-419-3717

SACE - Aaron Sarver, 865-235-1448

Sierra Club - Jenna Garland, 404-607-1262 x222

NC League of Conservation Voters Legislator Rankings

2012-01-13T22:15:00.000-05:00

The NC League of Conservation Voters hasreleased their rankings of state legislators, which can be found here.

NCLCV is a statewide advocacy organization that endorses candidates based on their environmental records and positions, and lobbies for environmental causes. The scores were based on legislator's votes on the most environmentally significant bills.

According to NCLCV, "This year’s scores are the lowest we have reported since NCLCV has been producing a Scorecard (1999). The average score in the House was 43% compared to 67% for the 2009-2010 average; the Senate average was a mere 27%, compared to 69% in 2009-2010."

The change in the General Assembly can be exemplified by the declines in the rankings of two legislators. Rep. Ruth Samuelson's (R-Meck.) score fell from 75% in 2009-2010 to 17% in 2011. Likewise, Sen. Fletcher Hartsell (R-Cabarrus) fell from 76% to 8%. Both Rep. Samuelson and Sen. Hartsell had been considered very friendly to environmental issues in previous sessions, in which they were above the average for the legislature. Now, environmentally, they both are near the bottom.

EPA announced new mercury rules

2012-01-07T10:51:00.002-05:00

Last month the EPA announced new rules for release ofmercury and other pollutants from power plants. This will affect many powerplants that presently exceed the new limits. The power companies that operatethese plants will have to either install equipment to scrub the pollutants fromthe plants or shut down the plants. Many are expected to be shut down. Manycoal burning power plants had already been shut down.

There are reports that the rules would cost utilities about$10 billion to install scrubbers on the plants (assuming that none are shutdown). However, the EPA has said that the benefits, in reduced health costs,would far exceed the costs to the industry. The EPA estimates that the healthcost savings would be between $59 billion and $140 billion.

Washington Post stories about the new regulations can befound at http://www.washingtonpost.com/national/health-science/epa-finalizes-tough-new-rules-on-emissions-by-power-plants/2011/12/16/gIQAc2WTzO_story.htmland http://www.washingtonpost.com/national/health-science/environmental-protection-agency-issues-new-regulation-on-mercury/2011/12/21/gIQACNyOAP_story.html

A Charlotte Observer editorial on the subject can be foundat: http://www.charlotteobserver.com/2011/12/23/2869909/new-pollution-rules-tardy-and.html

EPRI Electric Vehicle Report

2011-12-27T10:03:00.000-05:00

The Electric Power Research Institute (EPRI) released a report on the technology and status of electric vehicles and the effect that use of electric vehicles will have on the environment and the electrical grid. This report is available free from EPRI. Click here.

Happy Holidays

2011-12-24T17:06:00.000-05:00

From Conserve NC to you and your family:
Best wishes for a happy holiday season and new year!

Pantego Wind Farm

2011-12-17T13:05:00.002-05:00

Conserve NC is a supporter of alternatives to fossil fuel,including wind energy. We recognize that one of the limitations of wind energyis the environmental consequences of improper siting, particularly the effecton wildlife.

One example of bad wind farm siting is the proposed Pantegowind farm in Beauford County in eastern NC.This is a proposed 80MW wind farm that is to be located near the Pongo lakearea of the Pocosin Lakes National Wildlife Refuge. Pantego Wind Energy LLC hasasked for a Certificate of Public Convenience and Necessity from the NCUtilities Commission.

The area is considered to be an Important Bird Area by theNational Audubon Society and is the winter home to many birds, including theTundra Swan, a number of ducks and geese, and other species. These birdstypically roost in certain places in the area, and, every day, fly to other areas.

An obvious danger to these birds is direct strikes by theturbine blades. A less obvious but more serious danger is habitat avoidance.This occurs when birds avoid collisions with turbine blades by flying somewhereelse. We can assume that the birds have found the optimal area for roosting,foraging for food, and commuting between the two locations. If we force thebirds to find new locations for these activities the new locations will be lessoptimal. The result will be fewer birds.

A number of environmental groups, all of which support alternativeenergy, including wind, oppose or want further study before the NC UtilitiesCommission allows this project to be built. Among the groups are the CyprusGroup of the NC Sierra Club, Audubon NC, Friends of the Pocosin LakesNWR, and the Southern Environmental Law Center. Links to comments from these organizationsare listed below.

Cypress Group Sierra Club written comments (page 21 of 33page pdf document) Click Here

Testimony by Robert Scull of the Cypress Group Sierra Club (page 69of 75 page pdf document Click Here

Audubon NC Comments Click Here

Audubon NC blog post Click Here

Testimony of Larry Hodges, memberof the board of the Pocosin Lakes NWR (10 of 75 page pdf document) Click Here

Testimony of Derb Carter, SouthernEnvironmental Law Center (page 38 of 77 page pdf document. Click Here

Air pollution in the news

2011-12-16T06:00:00.000-05:00

Several reports concerning air pollution have appeared in the news recently:

Will Duke Energy shutdown coal plants?

The CharlotteObserver reportedthat Duke Energy has agreed with environmental groups to shut down several ofits older, less efficient coal plants as part of its merger with ProgressEnergy. The Charlotte Creative Loafingalso reportedthat Duke may shut down the old Riverbend plant near Charlotte.

Federal court rejectattempt to repeal cement kiln regulations

The Wrightsville Beach Lumina News reportedthat a federal court has rejected the Portland Cement Association's attempt torepeal limitations on pollutants from cement kilns. The Southern EnvironmentalLaw Center represented three organizations: Cape FearRiverwatch, the North Carolina Coastal Federation, and PenderWatch andConservancy.

Study ranks NC as number11 in toxic emissions from power plants

According to a storyin the Triangle Business Journal, areport compiled by the Sierra Club and Earthjustice, North Carolina is 11th intoxic emissions from power plants.

Time Magazine: Fighting airpollution one of "Top 10 Green Trends"

A storyin Time magazine listed fighting airpollution as one of the top trends, and referred to the efforts of the SierraClub.

Wind Power

2011-12-15T03:51:00.002-05:00

ConserveNC supports the development of wind power when the wind turbine sites will not adversely affect either people or wildlife. One of the major problems of wind energy is the fact that improperly sited wind turbines can kill birds and bats or disrupt the habitat of wildlife.

Certain locations off the shore of NC are not used by birds or other wildlife that would be disrupted by wind turbines. These areas also have relatively strong and steady wind and will supply a large amount of energy. They should be used.

For more information, see offshorewindnc.org/

In future posts, we will comment about wind power, particularly off shore wind power. So stay tuned.

NC needs to be cautious on offshore drilling and fracking

2011-05-31T07:59:00.003-04:00

The Wilmington Star News, in an editorial, said it better than we could: North Carolina needs to move very cautiously on offshore drilling. According to the editorial, according a study recently released by Duke University's Center on Global Change researchers found a correlation between fracking and methane content in well water in Ohio, New York, and Pennsylvania.
The editorial also pointed out that the drilling of a single well can produce over a million gallons of waste water containing hazardous chemicals. Also, the water used for fracking can use water supplies during a drought.

As for offshore drilling, the editorial argued that it can happen here. An accident similar to the Deepwater Horizon oil spill would blacken our beaches with crude oil. Coastal communities are concerned about the effect on tourism and fishing.

Largest Landfill Gas-to-Energy program in the state kicks off

2011-05-29T22:31:00.001-04:00

The Sampson Independent reports here on the landmark partnership between Gregory Poole Equipment Company, Progress Energy and Waste Industries to produce electricity from the methane produced in the Sampson County landfill to power 4,000 homes for an estimated 70 plus years.

This project has recently been deemed by the U.S. EPA "as an endeavor that will effectively reduce greenhouse gas emissions, improve local air quality…and develop a lasting renewable source of energy. Annual environmental benefits are…equivalent to taking 5,400 passenger vehicles off the road, the carbon dioxide emissions from 66,300 barrels of oil consumed, or carbon sequestered annually by 6,100 acres of pine forest.

For a photo of ground breaking a year ago, with Gregory Poole Jr., Dix Park advocate, in this EPA link .

Business and environmental groups fight over regulation

2011-05-28T23:00:00.000-04:00

The Charlotte Observer reports on the differing views of regulation held by businesses and groups such as the N. C. Chamber and environmental groups such as the Sierra Club. Molly Diggins, director of the NC Sierra Club, is pictured and quoted as saying "We would be prohibited from looking out for North Carolina's best interests in deciding what we need in the way of environmental protection," under proposals to prevent new state environmental regulations.

Energy in the news

2011-04-30T23:31:00.002-04:00

Energy in the news

The News & Observer had two stories of interest about energy.

It reported that Progress Energy, as early as June, will mail notices to customers whose household power bills are above average when compared to their neighbors.

In an editorial, the News & Observer discussed the amount of energy, and the fact that it comes from the burning of coal, used by Google, Facebook, and Apple in data centers located in Catawba and nearby counties.

Legislature flooded with energy bills - many bad

A report in the UNC-CH Daily Tarheel the NC General Assembly has received many bills relating to energy. Most were for job creation through the energy sector rather than environmental regulations. Molly Diggins, state director of the NC Sierra Club was quoted in the story.

A bad new law - limitating regulations

2011-03-31T20:59:00.003-04:00

The NC General Assembly recently passed a bill, signed into law by the Governor, that will prevent any new environmental, health and safety, and other regulation from being adopted if the regulation will cost those regulated more than $500,000.

In determining the cost, no credit is given for savings to members of the public that results from the regulation. So, if a regulation is proposed that would cost sightly over $500, 000 but would save more than that in health costs, the regulation would be blocked by this law.

The law "sunsets", that is, expires on July 1, 2012.

Bill to stop new regulations progressing

2011-02-12T20:40:00.003-05:00

SB 22, APA Rules: Increasing Cost Prohibition will prohibit the adoption any administrative rule, including rules made by the Environmental Management Commission, that would involve any cost, except for certain rules required by law. The bill was passed by the Senate Agriculture, Environment, Natural Resources committee on Tuesday, 2/8. On the Senate floor Wednesday 2/9 the bill passed the second and third readings. Sen. Bob Atwood (Dem. Orange) introduced an amendment to end the prohibition on January 1, 2013.

The only vote against the bill was from Sen. Eleanor Kinnaird (Dem. Orange). The bill now goes to the House.

Senate bill will stop regulations

2011-02-08T21:30:00.002-05:00

Many environmental regulations that help to protect our water and air are adopted by agencies of the executive branch of the state, such as the Environmental Management Commission. The EMC was the agency that wrote and adopted the complex set of rules designed to protect the Jordan and the Falls Lake reservoirs.

Under a Senate Bill, SB 22, no agency would be able to adopt a regulation that has any cost to the regulated party. Since all rules have some cost, such as the cost of sending out a memo to employees or making a photo copy of the rule, that law would apply to almost every regulation. There are a few exceptions, such as when Congress, the courts, or the General Assembly require that a rule be adopted.

The bill was adopted by the Senate Agriculture/Environment/Natural Resources committee today (Tuesday, 2/8/11) and will face its first of two votes in the Senate tomorrow (Wednesday, 2/9/11). It should be noted that the same bill passed the Democrat controlled Senate during the last session but failed to pass the House.

Legislature now in session with new leadership

2011-01-26T17:14:00.000-05:00

The North Carolina General Assembly is now in session with new leadership. For the first time in over 100 years the Republicans control both houses. While some Republicans are very friendly to the environment, many are more friendly to business interest. (Some Democrats also put the desires of businesses ahead of the environment and even public health and safety) We will soon see what effect this change has on the prospects for environmental legislation. Conserve NC will be reporting from the General Assembly on environmental, or perhaps anti-environmental, legislation.

Fall Lake Rules now in effect

2010-12-31T21:10:00.001-05:00

The Environmental Management Commission adopted the Fall Lake Reservoir nutrient management rules, with only some technical changes made by the Rules Review Commission. The rules were not as strong as environmental groups would have preferred (the primary complaint was that the effective date of some of the rules is too far in the future). However, because there were no letters of objection, the rules will go into effect immediately. It is possible that the General Assembly, in the 2011 “long session” will pass legislation to repeal or weaken the rules.

Press coverage of the rules can be found at:

Durham Herald-Sun (the rules have been criticized by environmental groups. http://www.heraldsun.com/view/full_story/10390022/article-Falls-Lake-pollution-rules-kick-in-2011?instance=homesecondleft)

Falls Lake Rules a disappointment

2010-11-27T16:44:00.000-05:00

The Environmental Management Commission has just released its proposed rules for Falls Lake, the drinking water reservoir for most of Wake County. These rules are designed to reduce the amount of nitrogen and phosphorus compounds that run off into the lake, causing algae growth in the lake. These rules will go into effect January 15, unless they are modified by the General Assembly in its session that starts in late January.

The first part of the rules, Stage I, will be implemented over 10 rather than the 7 years in the draft rules. Under the rules, local governments begin, in 2021 to control the pollution that placed the lake in an impaired (polluted) condition in 2006.

Let’s just hope that the legislature does not weaken the rules in their upcoming session.

Please Vote!

2010-10-30T22:13:00.003-04:00

Election day is Tuesday, November 2. Polls will be open from 6:30 a.m. to 7:30 p.m.

A list of candidates endorsed by the Capital Group and the NC Chapter of the Sierra Club can be found here.

A list of candidates endorsed by Environment NC can be found here.

A list of candidates endorsed by the Conservation Council of North Carolina can be found here.

Click here to determine you polling place. Click here for more information about voting.

News Items

2010-09-29T22:08:00.002-04:00

Here are some some recent news items that should be of interest to Conserve NC readers:

Landfill Methane energy plant announced
A story in the Cape Fear Business News describes a project in which methane gas, which is produced by the decomposition of material in a Wayne County landfill, will be used to fuel a small power plant with the energy sold to Progress Energy. This is methane (natural gas) that otherwise would have been released to the atmosphere.

More about the Falls Lake water quality
The Raleigh Public Record has a story about the quality of water in Falls Lake and the development of rules to protect the lake.

Bright days for solar energy
A warehouse in Holly Springs uses solar panels on its roof to generate power for use in the building and for sale to Progress Energy, according to a story in the News & Observer.

Most of state now in moderate drought
A story in the News & Observer reports that, according to the state's Drought Management Advisory Council, most of NC is now in a “moderate drought condition”, due to the lack of rainfall and the record breaking temperatures. Parts of Granville, Vance, Warren, and Franklin counties are in a “severe drought condition”. See www.ncdrought.org.

Water-gel based “artificial leaves” that produce electricity
Researchers at NC State University have produced solar cells from water-gel based material using plant chlorophyll, according to a story in One India, based in Bangalore, India.

New nuclear plants for Progress Energy?
According to this story in the News & Observer, Progress Energy may be rethinking its plans for future nuclear power units at its Harris nuclear plant in Wake County.

EPA Coal Ash Hearings
This Gaston Gazette story and this story in the Charlotte Observer report on the coal ash hearing the EPA conducted in Charlotte September 14. Molly Diggins, director of the NC Sierra Club, is quoted as saying "there is no agency or individual that can say how much coal ash we are generating, where it’s going, and whether it’s safe".

New 1MW Solar Plant Announced
According to a story in Solar Industry magazine and to their press release, ESA Renewables has been awarded a contract from TVA to build a 1 MW solar power plant, to be located about 200 miles southwest of Charlotte.

Reducing the need for new power plants

2010-08-08T12:04:00.003-04:00

Many people don’t know that Progress Energy (the electric power supplier for most people in eastern North Carolina) has a program that can save some money and help prevent the need for new power plants.

The demand for electricity varies during the day. Particularly during the summer, the electric power demand is at its maximum during the afternoon, and less during the night. Power companies such a Progress run their most efficient plants (those that use the least fuel) 24 hours per day. But the least efficient plants are only run during times of high demand (afternoons).

Sometimes the power company cannot meet its peak demand simply by putting additional plants on line. One way of dealing with this situation is “load shedding”, that is, reducing the load when necessary.

Progress Energy has a program to “cycle” air conditioners, turning them off for 15 minutes when there is insufficient generating capability. In this program, a box is placed on the side of central air conditioner compressor units (the outside part). When a reduced load is needed, a signal from a satellite is received by the box, turning the air conditioner off. No phone line connection or internet connection is needed.

The air conditioner interruption will only take place during the week (Monday – Friday, excepting holidays) and between 1pm and 4pm. Most people will not notice any change in temperature.

Obama cancels drilling lease off Virginia coast

2010-05-31T22:43:00.002-04:00

This week President Obama canceled a lease for oil drilling off the Virginia coast. This drilling could endanger the coast of North Carolina. Currents could carry spilled oil from the Virginia coast to the Northern Outer Banks, at the point the Gulf Stream, which flows north along the Southeastern US coast, turns and heads out to sea.

For more, see the NC Sierra Club blog post here.

Sierra Club Capital Group back with monthly meetings

2010-05-19T22:59:00.002-04:00

The Capital Group of the Sierra Club (Wake County) has restarted monthly meetings. The first meeting will be held on Thursday, May 20, 2010. The meeting will be a presentation about the proposed Dix part with Gregory Poole and Bill Padgett, and will be at 7 pm at the Uniterian Universalist Fellowship of Raleigh, 3313 Wake Avenue, Raleigh.

Future meetings will be about greenways and trails, water quality and availability, solar energy, and other environmental subjects.

All meetings will be at the same locations and will be held on the third Thursday of each month.

Support for Drilling Decreases in NC

2010-05-15T22:42:00.002-04:00

A recent poll by Public Policy Polling about the attitudes of North Carolina residents toward off the coast of NC showed a significant drop in support since the recent accident in the Gulf of Mexico. In April, before the accident, 61% of NC residents approved of drilling off the NC coast, while 26% were opposed. By May 10th, after the accident, the support dropped to 47%, with 38% opposed.

Although support has decreased, it is still surprising that even after the Gulf accident more people support off shore drilling than oppose it.

For more information, click here.

Obama supports off shore drilling

2010-03-31T23:14:00.000-04:00

President Obama has announced support for drilling for oil off the coasts of many states, including North Carolina, according to a story in today’s New York Times. The decision is sure to draw praise from many in the oil industry but criticism from people in environmental groups.

If there is an oil spill that affects the coast of North Carolina, the result could devastate both the fishing industry as well as the tourism industry in NC. Many of the elected leaders and candidates for office in NC have vowed to fight against drilling in North Carolina’s waters.

Is Our Drinking Water In Danger, Saturday, 2/27, 9:30 a.m.

2010-02-25T07:50:00.000-05:00

The Capital Group is sponsoring a public education forum that will focus on pollution in Falls Lake, one of our key sources of drinking water. Water experts will outline the challenges facing this major drinking water supply and offer greater insight to potential solutions that could be presented in the Falls Lake Rules Process. Come learn why stormwater runoff is a key problem for our drinking water and how you can make a difference! A rain barrel door prize will be awarded to a member of the audience compliments of Rainwater Solutions!

Raleigh taking nominations for environment awards

2009-12-16T08:42:00.003-05:00

The City of Raleigh is now taking nominations of individuals and organizations for the Environmental Awards Program. To be eligible, and individual must be a resident of Raleigh or its extra territorial jurisdiction (ETJ); an organization must operate withing Raleigh or its ETJ. Information about the awards and the 10 award categories can be found here. An on-line entry form can be found here.

Possible problems with transit

2009-11-23T21:27:00.002-05:00

Ann, one commenter on my last post, on benefits of public transportation, pointed out that in order for public transportation to improve the environment people must get out of their cars and take transit to work or other destination. If people continue to drive cars rather than taking the bus or train, the transit program will not aid the environment.

Richard P. predicted (to paraphrase) "if you build it, they will come". Specifically, he asked why someone would want to drive a car, pay for gas, etc. when they could take transit.

I agree that transit make sense. I take the bus or train whenever I can. However, many people still want to stay in their cars. They always have an excuse - they are too busy to wait for the next bus, they need more flexibility, etc.

However, if the bus or train to not go near a person's destination, there is no reason for that person to use the bus or train.

It is important that the transit system being designed for Wake County provide acceptable service for as many people as possible. Buses will need to go to most of the job locations and by as many houses as possible.

The environmental benefits depend upon a transit system that succeeds to get a large number of people out of their cars and onto public transportation.

A benefit of public transportation

2009-11-09T23:16:00.000-05:00

One way that more public transit will help to improve the environment is the reduction in gasoline used to power personal cars and the reduction in carbon dioxide, a greenhouse gas, produced by cars. Buses, of course, burn oil and produce carbon dioxide. But, compared to personal cars, they produce far less per person, assuming that more than a very few people are on the bus.

Light rail will produce even less pollution and consume less energy per person.

A less obvious way that public transportation reduces pollution and gasoline consumption is the reduction of road congestion. Cars burn gasoline and produce pollution while waiting at an intersection or waiting to turn onto a busy street. If congestion is reduced by drivers giving up their cars for a bus or train, oil consumption and production of CO2 and other pollution will be reduced.

Transit - Good for the environment?

2009-10-28T14:06:00.003-04:00

We have heard much, particularly in the Triangle, recently about transit. The NC General Assembly has passed legislation that will allow the Triangle counties (Wake, Durham, and Orange) to increase sales tax by one/half cent per dollar to provide for light rail and bus service. Many of us in the environmental community were in favor of the enabling legislation. The next step is for the county commission to place a transit and tax proposal on the ballot (during a regular election) and for the people to approve the proposal. Many people assume that all of us in the environmental community will support the adoption of the tax and the transit enhancements. Maybe… but maybe not.

Public transportation does offer advantages over cars. The light rail and even the bus will produce far less pollution and green house gases than cars (per passenger mile). Less oil will be imported.

However, the savings from public transportation only works if people use it. To clean the air people must stop driving their car and start using the transportation for at least some of their travel. Will they?

If there were no cost to the proposal, it would be a no-brainer. But it does cost money. Would it be better to use this money to provide incentives for other forms of energy conservation?

In coming posts on Conserve NC we will look at some of the details of the transit options and how they will benefit the environment.

Sierra Club Slient Auction and Wine Tasting

2009-10-02T09:12:00.002-04:00

I look forward to seeing everyone Sat October 17 from 5:30pm-9pm at Cafe Helios, located at 413 Glenwood Ave, Raleigh, for The Capital Group Sierra Club's Silent Auction and Wine Tasting! Twenty dollars at the door gets you fun, food, wine, prizes, and the chance to bid on great local products and services.

All proceeds will benefit the Capital Group's Inner City Outings program. RSVP today at www.nc.sierraclub.org/capital/auction/rsvp.asp to support our local inner city children and enable them to experience nature and the Great Outdoors.

Please bring cash or checks only, as we are unable to accept credit cards.

The Sierra Club still needs help the day of the auction! If you're interested in volunteering to help the day of the event, please contact Sharon Hazouri at vicechair-cg@sierraclub-nc.org.

Paper or Plastic

2009-08-26T19:18:00.002-04:00

The very familiar grocery store checkout question is “paper or plastic?” The correct answer, as we all should know, is “neither – got my own bag”. That is, we should bring our reusable bags. However, we will still sometimes go to the store and not have a bag. So the question is still “paper or plastic?”

The answer is not so obvious and may be surprising. Let’s consider the various environmental problems of bags and how plastic and paper bags compare. I have taken information from an Environmental Literacy Council article (www.enviroliteracy.org/article.php/1268.html).

Energy
According to the article, plastic bags take less energy than paper bags to manufacture. Much of the energy of paper manufacturing is in the pulping stage, in which fiber from trees is cooked in a mixture of chemicals to turn it into paper stock.

Transportation
Plastic and paper have to be transported from the plastic plant or paper mill to the bag manufacturing plant. The bags then have to be transported to the stores. Paper is heaver and takes more room than the equivalent amount of plastic. According to Environmental Literacy, it takes seven times as many trucks to transport paper compared to plastic bags.

Disposal
One assumed advantage of paper bags is that they will degrade when exposed to moisture and air. However, in a properly designed and operated landfill nothing degrades. And even if paper bags did degrade, they would not simply go away. When a pound of paper degrades, there is still a pound of degraded paper taking up room in the landfill.

Compared to paper, plastic bags take up less space in a landfill than paper.

Plastic does have two problems, however. First, if plastic bags get into the sounds or ocean, fish and other aquatic animals may choke on them. Second, plastic bags are light weight and can blow in the wind, often landing in trees where they will remain for days. Paper bags, being heaver, will usually just lie on the side of the road.

Plastic bags should not be used on the beach or around sounds, Even if you intend to take the bag home with your trash, a gust of wind may still take it away. Also, if you have a habit of tossing your used grocery bags out of the car window, please use paper. But if you use your grocery bags as garbage can liners or other purposes, plastic is best.

The best way to carry groceries is reusable bags. Most grocery stores sell them, and they are easier to carry than either paper or plastic. But if you find yourself at the store without your reusable bags, it is best to get plastic bags and to be sure to reuse the bags for garbage cans or other uses. And do not use plastic near the beach.

General Assembly "Long Session" Over

2009-08-18T21:01:00.002-04:00

The General Assembly has adjourned and gone home. They will not be back in session until May 12, 2010 when the "short session" begins. Our legislature meets every odd numbered year for the "long session" that starts at the end of January and usually lasts until mid-summer of that year. Every even year they meet for the "short session" that lasts from mid May until late summer.

There have been environmental victories and losses. In addition to the good and bad bills that were passed, many bills, good and bad, were not acted on.

A few of the highlights of this year's session are:

Falls Lake Protection
SB 1020 will instruct the Environmental Management Commission to give credit to government and owners for certain protective measures taken before the rules are adopted. It will impose, by law, certain protections for the lake before the EMC adopts the permanent rules. It will also extend the deadline for the Department of Environmental Resources to write the permanent rules from July 1, 2009 until January 15, 2011. It has been approved by both Houses and will be presented to the governor for her approval.

Energy Conservation Incentives
HB 512 will provide tax incentives for the use of geothermal heat pumps and extends the sunset of other energy conservation incentives by five years until January 1, 2016. It has been approved by both Houses and will be presented to the governor for her approval.

HB 1389 will allow authorize cities and counties to establish loan programs to finance the installation of renewable energy sources or efficiency improvements that are affixed to buildings. This bill is often known as the "Cities First" bill. It has been approved by both Houses and will be presented to the governor for her approval.

Transit
HB 148 will allow Triangle and Triad counties to raise sales tax by 1/2 cent and allow other counties to increase sales tax by 1/4 cent to provide for rail and bus transit. The bill has been passed by both the House and Senate and presented to the Governor for her approval.

The result of other actions with environmental consequences will be covered later.

Wind Power

2009-08-08T20:00:00.000-04:00

One issue that divides the environment community is wind power. We need more renewable energy to replace the use of coal. On that almost everyone agrees. One source of renewable energy is wind power. However, there are serious environment consequences to the use of wind turbines.

The most well known and discussed problem is bird strikes, when the blade of a turbine strikes a bird. While that remains a problem, particularly in areas where bird migration paths will cross a line of wind turbines, it is much less of a problem than before because modern wind turbines are designed to use slower turning blades, and the structures do not have parts that would allow birds to perch.

A less well known and studied problem is the effect on bird habitat. One of the most attractive locations for wind turbines is mountain ridges in the western mountains of NC. However, many of these same ridges are used by raptors and other birds which make use of the updrafts to soar along the ridge looking for food. Much more needs to be learned about the effect of the wind turbines on these birds. Will they coexist with the turbines or will they seek other areas for their soaring and hunting.

Another area that has the sufficient wind is the coastal sound area of eastern NC. However, it is also an important area for birds. There are birds that fish in some areas of the sounds and roost on shore nearby. If a line of wind turbines is between the fishing area and the roosting area, the birds may move to a different, less desirable, area. Again, this needs more study before we allow wind turbines in our sound areas.

We do need more renewable energy. However, it is estimated that, fully developed, wind turbines in the mountain areas will produce only 800 MW of power when the wind is blowing. That much power will require at least 400 wind turbines. And the wind doesn’t always blow, even in the mountains. By comparison, some of the newer coal fired power plants produce over 2,000 MW, even when the wind doesn’t blow.

We certainly support the increased use of non-polluting renewable energy. Wind will supply some of our renewable energy. However, before we rush to site wind turbines on mountain ridges, coastal sounds, or other sensitive areas, we need more study of the effects on wildlife.

Senate trying to block hog waste regulations

2009-07-29T16:41:00.002-04:00

The NC Senate today (Wed., 7/29) amended and then passed a bill (HB 1335) to place a moratorium on rule making by the Environmental Management Commission.

The amendment, adopted by a large vote, limited the effect of the bill to any “permanent rule regarding any requirement to test water quality by animal feeding operations”. This will prevent the bill from stopping most rule making activities (such as those regarding Falls Lake), but it will stop a proposed EMC rule regarding hog farms in Eastern North Carolina.

Some of the senators who opposed the limiting amendment expressed a belief that the EMC should be stopped from adopting any rules because EMC rules are anti-business.

The bill would prevent any rule from being adopted before July 1, 2011. Under existing state law rules adopted after that date must then go to the Rules Review Commission. Following RRC approval the rule will not go into effect until the end of the next session of the General Assembly, so the legislators may review and block the rules. This bill would stop affected rules from going into effect before the summer of 2012.

Thankfully, most rulemaking is not affected. But for the sake of the many people who have to put up with the smell of hog farms, let’s hope that this very bad bill is killed by the House.

NC Senators trying to stop environmental regulations

2009-07-25T23:00:00.001-04:00

There are a number of members of the NC Senate who don’t like environmental regulation, and will try to stop all regulations.

First, there was Sen. David Hoyle’s bill, SB 866. That bill would prevent any agency from adopting rules that “results in additional costs of persons subject to the rule…” except for certain exceptions, such as those required by state or federal law or court orders. Since all regulations have some costs, even minor amounts of time for businesses to notify employees, this bill would have the effect of eliminating all regulation not required by law or court order. That bill passed the Senate by a vote of 38 to 10. Fortunately, the bill appears to be stalled in the House.

Now, because of opposition to a proposed rule requiring more monitoring of hog farms’ waste operations, some senators want to require a moratorium on regulations from the Environmental Management Commission. Under the rules it is not possible to introduce a new bill this late in the session. First, SB 106, a bill considered to be dead, was amended to turn it into the EMC moratorium bill. Later, HB 1335 was amended to be used for the EMC moratorium.

This bill would apply only to regulations adopted by the Environmental Management Commission and it would prevent the EMC from adopting any permanent rule until July 1, 2011. Rules adopted by the EMC and other agencies must be reviewed and approved by the Rules Review Commission and then delayed until the General Assembly has a chance to disapprove or modify the rule. Therefore, if the bill is approved EMC rules will be blocked until the summer of 2012.

The current language of the bill will apply to all EMC rules. It is expected that the bill will be modified to narrow its scope to apply only to rules concerning hog farms. However, it will still be a very bad bill.

Large Wind Turbines in NC mountains

2009-07-14T17:22:00.002-04:00

The NC Senate Finance committee, a few hours ago, approved an amendment to a bill that would prevent the construction of large wind turbines in certain mountain counties. In addition, the bill would impose strict siting requirements on wind turbines in the coastal area. This is a victory for those who love to watch the birds soar along the ridge lines in the mountains, as well as those who love the views in the mountains.

In the coastal areas wind turbines have the capability of greatly disturbing the habitat of birds that fish in our sounds. While direct birds strikes is the most well known and discussed problem of wind turbines, (and, of course, very bad for the bird that was struck) another, less well known effect is on the bird habitat. Often birds in the hills and mountains soar on the updrafts. In coastal areas birds often feed in one area of the sounds and sleep in trees on land. They commute each morning and evening from one area to the other. Lines of wind turbines interrupt these commuting patterns and force the birds to move to other areas. In the mountains they prevent the birds from using the ridge lines for hunting small game.

I certainly hope that the full Senate and the House will approve the bill. Yes, we do need to find alternative forms of energy, but not at the expense of the birds and other wildlife.

Transit Bill in Limbo

2009-07-08T19:36:00.002-04:00

The Transit bill, HB148, is still lingering in the Senate Finance Committee. As pointed out in a previous post, the bill should have cleared by committee by now and come before the full Senate.

It is understood that the holdup is a dispute about the 1/4 percent sales tax authority that would apply to 94 counties (all except three counties in the Triangle, two in the Triad, and Mecklenburg, which already has a sales tax supported transit system).

It is unlikely that many, if any, of these counties would even put the sales tax on the ballot. This is particularly true if the state sales tax has to be raised to balance the budget. The environmental community may have to decide if the 1/4 cent tax for the other counties is worth jeopardizing the transit plans for the Triangle and the Triad.

Another factor is the House. If the Senate removes the authority for the 94 counties the House will have to concur with that change. Some believe that this authority was instrumental in getting the original House approval.

The session is nearing an end. Let's hope some agreement can be reached soon.

Transit bill in Senate Finance Tuesday

2009-06-28T09:45:00.002-04:00

HB 148, the bill that will allow certain counties, including those in the Triangle and the Triad regions, to raise sales tax to provide for rail and enhanced bus transportation, will be considered by the Senate Finance committee on Tuesday, 6/30, at 1pm in room 544.

We can expect action on the floor of the Senate later in the week.

The real challenge, after the bill basses the General Assembly and is approved by the governor, will be to get a referendum passed in the counties to implement the new power. More than that, if we are to reduce fossil fuel consumption, reduce greenhouse gasses, and reduce traffic congestion, will be to get people to use the transit systems.

Beach Bag Ban Bill now law

2009-06-25T07:19:00.003-04:00

The bill to outlaw most plastic and non-recycled paper bags from three outer banks counties passed both houses of the General Assembly, was approved by the governor, and is now law (SL2009-163).

Jordan Lake Rules Pass General Assembly

2009-06-23T09:58:00.002-04:00

A bill, HB 239, to enact rules for the Jordan Lake reservoir, was approved by the General Assembly Monday night and will go to the governor for her expected approval.

The Environmental Management Commission, with approval by the Rules Review Commission, adopted rules to protect Jordan Lake from nutrient pollution that cause the growth of algae that can produce toxins. Bills were introduced in the General Assembly to disapprove the rules. One bill, HB 239, was turned into a bill that approved most of the new rules relating to new development near the lake and tributaries to the lake. The bill replaced regulations concerning existing development with compromise language.

Fuel economy of state cars

2009-06-16T13:51:00.002-04:00

The Senate, on Tuesday, 6/16/09, unanimously passed HB1079, Energy-efficient state motor vehicle fleet. This bill will require the Department of Administration to give preference to new passenger vehicles that have a fuel economy that is in the top 15 percent of that class of vehicles. Police and other emergency vehicles are exempt.

The bill had already been passed by the House. Because of a technical amendment to the bill in the Senate, the bill will be sent to the House for concurrence before being sent to the Governor for her approval.

In the General Assembly

2009-06-11T10:46:00.003-04:00

Some more recent action in the General Assembly:

SB 1018, which will ban plastic and non-recycled paper bags in three Outer Banks counties, was approved by the House Environment Committee on Tuesday, June 9. The bill, which has been passed by the Senate, is now in the House Commerce Committee.

HB 1079, to improve the energy efficiency of the state owned motor vehicle fleet, was reported favorably by the Senate Commerce Committee on Thursday, June 11, and now goes to the full Senate for votes.

SB 586, File Lis Pendens for Certain Erosion Actions, will requre the filing of notice of pending litigation relating to erosion controls. This will allow purchasers of property to know about litigation involving the property and aid enforcement of erosion regulations. The bill was given a favorable report by the House Environment Committee on Tuesday, June 9, and now is in the House Judiciary I committee.

A bad bill delayed

2009-06-05T09:42:00.001-04:00

HB 1583, DOT Vegetation Removal Changes, was expected to be considered by the House Transportation committee on Wednesday, June 3. However, due to lack of time the bill was postponed until a future meeting of the committee. The NC Chapter of the Sierra Club is fighting this bill. It would expand the amount of vegetation (trees and shrubs) that can be removed from highway right-of-ways to make billboards and business more visible to cars. This is a bad bill and any delay is welcome.

News coverage of Falls Lake delay

2009-06-01T08:47:00.003-04:00

The Raleigh NC News and Observer has published a couple of stories and an editorial about the delay in the Falls Lake rules:

Rules on Falls Lake stagnate May 25, 2009

Officials turn attention to Falls Lake cleanup May 27, 2009 (Durham edition)

Faster on Falls June 1, 2009 (editorial)

Falls Lake Rules Delay

2009-06-01T08:39:00.002-04:00

The Environmental Management Commission (EMC) was required to write nutrient management rules for Falls Lake by an act (section 3 of Session Law 2005-190) of the General Assembly that was signed into law on July , 2005. That act required that the rules be implemented by July 1, 2008. In August, 2006 an act, SB 1523, SL 2006-259 of the General Assembly extended the deadline by one year. So under current law the rules must be developed by July 1, 2009. That is only one month from the date of this post.

The EMC adopts rules written by the Department of Environment and Natural Resources (DENR).

DENR has now asked the General Assembly for another extension. Early this past April, HB 1099, then in the House Environment and Natural Resources Committee, was amended to extend the deadline by 2 years 5 months, until November 30, 2011. The extension was then changed to one year, with a requirement that the rules be developed by July 1, 2010. HB 1099 has passed the House with the one year extension; it is expected that attempts will be made in the Senate to increase the extension.

Falls Lake is already impaired and is getting worse. The rules should have been adopted long ago; any extension will allow the lake to become even more polluted. The rules will not go into effect on the date set by the General Assembly. That date is for the EMC to adopt rules. After the EMC adopts the rules they are then reviewed by the Rules Review Commission, a several month process. After the RRC reviews and approves the rules, they are reviewed and perhaps modified by the General Assembly. If the July 1, 2010 date is kept, the rules will be presented to the General Assembly in January of 2011 and will likely not get fully adopted until the summer of 2011

Falls Lake Nutrient Strategy

2009-05-30T13:34:00.001-04:00

Rules to reduce the development of algae blooms on the Falls Lake reservoir are now in the early stages of development. These rules, like the Jordan Lake rules that were developed earlier, will address the flow of nutrients, particularly nitrogen and phosphate compounds, into the lake and the streams that flow into the lake.

Part of the development of the rules is the stakeholder process, a series of meetings with representatives from county and municipal governments, home builder organizations, environmental organizations, and others. I attend these meetings, representing WakeUP Wake County. This stakeholder process is facilitated by the Triangle J Council of Governments; the rules are being written by the Division of Water Quality (DWQ) of the NC Department of Environment and Natural Resources (DENR).

Math models of the Falls Lake watershed and of the lake will be used to estimate the effect of different amounts of nutrient loading on the lake.

Falls Lake Stakeholder Website

2009-05-29T20:23:00.000-04:00

The Falls Lake Nutrient Management Strategy stakeholder process has its own web site. www.fallslakestakeholder.org provides information about the development of the pollution control rules for the Falls Lake, including all of the presentations made at the stakeholder meetings, and the dates of the future meetings.

Green Tie Awards

2009-05-21T10:21:00.000-04:00

At the Conservation Trust for North Carolina Green Tie awards dinner on May 20, awards were given to the following people for their work helping the environment: Rep. Angela Bryant, Rep. Ruth Samuelson, Rep. Cullie Tarleton, Rep. Jennifer Weiss, Sen. Ellie Kinnaird, Rep. Paul Leubke, and Attorney General Roy Cooper.

Read about the awards and those who received them here.

The bill with a funny name

2009-05-18T07:38:00.001-04:00

One bill that is considered to be environment related is titled “File Lis Pendens for Certain Erosion Actions”. (There are two bills, HB 789 and SB 586). But does anyone know what “lis pendens” means?

Yes, lis pendens is one of those Latin terms that lawyers like to use. Literally, it means “suit pending”. The term is used to means the filing of notice on property records that a law suit is pending against the property. If the property is being sold, the lis pendens notice will warn potential purchasers that a suit is pending against the property and that the suit may affect them.

This bill, if passed, will require the filling of notice of pending litigation that seeks injunctive relief regards sedimentation and erosion control for certain land-disturbing activities. The purpose is to ensure that potential new buyers are aware of a pending action and that they may be forced to fix certain violations.

The bill is supported by environmental organizations, and passed both the House and Senate, with only one opposing vote in the House and two opposing votes in the Senate. Since they were different, but identical bills, it will be only a formality for either the House or the Senate to pass the bill that came from the other chamber and send it to the Governor for signature.

Crossover Day

2009-05-15T15:44:00.002-04:00

Under the General Assembly rules any bill that does not make appropriations or change the tax law must pass either the House or Senate by a deadline, known as Crossover day, in order to be considered by the other side. Bills that fail to pass the chamber in which they were introduced by crossover are dead. This year that date was Thursday, May 14.

The rush to get bills to the other side results in long, busy committee meetings early in the week and then long House and Senate sessions on the Wednesday and Thursday of crossover.

Twenty eight environment related bills made crossover. These bills have already been considered by one or two committees and been the subject of rewrites and compromises. They are now being considered by the other chamber (House bills are in the Senate, Senate bills are in the House). A list of those 28 bills can be found here.

Jordan Lake rules pass House

2009-05-14T22:24:00.000-04:00

The Jordan Lake rules bill, HB 239, passed 2nd and 3rd readings in the House and now goes to the Senate, where it will be considered by the Ag/Envir/Nat Res. Committee.

The goal of the environmental community will be to prevent the retrofit rules from being watered down (pun intended) by the Senate. If the bill is killed, (very unlikely) the original, stronger, rules go into effect.

A bad bill - blocks rules that increase cost

2009-05-13T23:13:00.001-04:00

One truly bad bill (still in play because it passed the Senate today) is SB 866, "APA Rules: Increasing Costs Prohibition". This bill, introduced by Sen. David Hoyle, would prevent any agency from adopting any rule that increased costs for any person, unless the rule responds to "A serious and unforeseen threat to the public health, safety, or welfare" or is required by law or court decision.

This could result in the inability of state agencies from adopting any regulation not directly required by law. All regulations have some cost, even if it only the cost of printing a copy of the regulation or the time for an employee to send e-mail informing others of the regulation. There is no requirement of significant cost; any cost will trigger the regulation.

One exception is for regulations responding to "A serious and unforeseen threat...". However, threats to public health and safety are not "unforeseen". There is at least some foresight needed for a regulation to be written.

Apparently Sen. Hoyle just doesn't like regulations, and this is one way to stop them. Unfortunately it will stop many regulations needed for public health and safety.

Jordan Lake rules agreement

2009-05-11T14:00:00.001-04:00

It now appears that there is an agreement between environmental groups and others (particularly Durham) on the Jordan Lake rules.

The agreement will be unveiled this afternoon at the meeting of the NC House Judiciary I committee. The committee will meet at 3pm in room 1228.

The Environmental Management Commission released a set of rules to reduce the nutrient pollution in Jordan Lake. The rules were approved by the Rules Review Commission. After approval, the rules were on hold because of "disapproval" bills in the General Assembly. These bills, if they passed, would have prevented any of the rules from going into effect.

One bill, HB 239, was introduced by Reps. Allen and Gibson as a disapproval bill. However, the disapproval language was replaced with language that would approval all rules other than the "existing development" or "retrofit" rule. That language was the subject of negotiations between representatives of the environmental community and Durham and other upstream communities.

Terminal Groins

2009-05-01T21:11:00.002-04:00

Terminal Groins, sometimes known as Jetties, are hardened devices on beaches that are often at the end, but sometimes in the middle, of a beach. They are used to hold sand and prevent erosion of beaches. However, while they can protect one section of a beach they often cause such harm as additional erosion on other nearby parts of a beach.

43 scientists who study beach erosion have signed a statement that terminal groins should not be allowed. Current NC law does not allow terminal groins because of the effect.

(edit, 5/8/09)Some good information and examples of terminal groins can be found here

However, Sen. Julia Boseman of Wilmington introduced a bill SB 832,to allow such structures. In spite of strong opposition from the scientific and environmental community, Sen. Mark Basnight and others supported it. In the Senate it was passed by a vote of 37 to 10, and now goes to the House.

The following Senators voted against the bill despite of pressure from the Senate leadership: Allran; Atwater; Berger, D.; Brock; Clodfelter; Graham; Hunt; Kinnaird; Stein; Vaughan.

Transit Bill passes House

2009-04-22T21:23:00.000-04:00

The transit bill, HB 148, officially known at the Congestion Relief/Intermodal Transport Fund bill, has passed the NC House on two readings and was sent to the Senate.

Transit Bill passes House Finance Committee

2009-04-15T22:56:00.002-04:00

The North Carolina House Finance Committee voted to approve the the Congestion Relief/Intermodal Transport Fund bill (HB 148) by a vote of 19-6. The bill now goes to the full House of Representatives for debate and a vote. This will probably occur on Tuesday, April 21.

This bill will allow certain counties to adopt a 1/2 cent sales tax to support mass transit.

Wake County's Extreme Growth

2009-03-30T13:00:00.002-04:00

The Raleigh-Cary metropolitan area (Wake, Johnston, and Franklin counties) grew by 4.3% from July 2007 to July 2008, and is the fasted growing metropolitan area in the country. The nation average was just under 1%, North Carolina grew by 2.0%, and the Durham-Chapel Hill metropolitan area growth rate was 2.5%.

See News & Observer story and News & Observer population estimate tables.

This rapid growth creates several environmental issues such as increased traffic (with increased air pollution), increased use of water, and increased runoff into streams and lakes.

Unless the county and municipalities can regulate and reduce this growth rate, these environmental problems will just get worse. The growth will be self-regulating--when the traffic, environmental, water, and other problems get too bad, people will not want to live here and we will stop growing. However, perhaps we should reduce the growth rate to maintain our quality of life.

General Assembly News

2009-03-30T02:30:00.000-04:00

In the NC General Assembly bills related to the environment are being introduced at a fast pace. There will be coverage of these bills in this section of the eNews. The links from the bill numbers connect to a bill information page on the General Assembly website. To read the actual text of the bill, look for the box on the left hand side of the page. For all bills there will be the word "filed." Under that is usually the word "Edition 1." Clicking on these will call up the actual text of the bill in PDF format. If the bill has been amended since it was filed, later editions will be shown. Click on the highest edition number to read the latest text of the bill.

Low-Emission Vehicle Program - Sen. Eleanor Kinnaird has introduced a bill, SB 688, which would direct the Environmental Management Commission to adopt the California emission control standards and would require state agencies to purchase vehicles that meet those standards.

Water Allocation - Bills have been introduced to establish water allocations rules in North Carolina. Some of the bills are:

SB 907, Water Allocation Policy Act of 2009, introduced by Sen. Daniel Clodfelter, is the primary water allocation bill.

SB 833, Delineate River Basins, (Clodfelter) (apparently identical to HB 802 by Reps. Lucy Allen and Pryor Gibson, makes the list of river basins for water allocation purposes the same as the 17 river basins used for water quality rules.

SB 661, Contiguous Premises/Allocate Costs for Water (Clodfelter), requires (with some exceptions) an apartment owner to charge individual tenants for their use of water to provide an incentive for conservation.

Other bills have been introduced relating to water; these will be covered in more detail next week.

Other Legislative Matters - Not all of the bills that have been introduced are good for the environment. Two bills are bad ideas:

HB 643, by Rep. Russell Tucker, authorizes storage of reclaimed (but not safe to drink) water in underground aquifers. This could endanger the quality of drinking water from wells.

SB 832, by Sen. Julia Boseman, will allow the Coastal Resources Commission to authorize construction of a terminal groin (a hardened structure) to protect beaches from erosion. However, these structures will endanger other beaches. For more information, click here.

Jordan Lake Rules - Rules were adopted by the Environmental Management Commission and approved by the Rules Review Commission to reduce the nutrient pollution of Jordan Lake. Bills (HB 3, SB 166 and HB 239) have been introduced in the General Assembly to disapprove the rules. If the bills are killed, the rules will go into effect. However, a compromise affecting the "retrofit" provision (the most controversial part of the rules) may be adopted. The latest information about the Jordan Lake Rules will be covered in this section when they occur. More information about the rules can be found at www.ncconservationnetwork.org/issues/water_issues/jordan_lake

The Cary Town Council and the Apex Town Council have both adopted resolutions in support of the rules. The Cary resolution can be read at: www.townofcary.org/agenda/jordanres.htm

Budget - The Governor's proposed budget has been released and is being analyzed by members of the General Assembly. The Senate will then modify the budget. The budget, as modified by the Senate, will then be considered by the House. Most likely the Senate and House will not agree, so the budget will be subject to negotiations between the House and Senate.

As most people probably expected, there is some grim news. One such item is the elimination of the Office of Environmental Education from the Department of Environmental and Natural Resources. The Governor does propose to continue funding the Clean Water Management Trust Fund (CWMTF), but at a reduction from $100 million/year to $75 million/year. The grant distributions from funds already appropriated have been frozen due to cash flow problems.

The Natural and Economic Resources section (book 5) of the budget can be found here. More information will be reported as the budget progresses through the Senate and House. Thanks to Dan Besse, editor of the NC Conservation Network's Conservation Insider Bulletin for insight on the budget.

Transit - The transit bill (HB 148) will allow counties, with voter approval, to charge an additional sales tax to pay for mass transit, including rail and buses. This bill has passed the House Transportation committee and will be heard by the House Finance committee (because of the sales tax change). No date has been set for the meeting. Support of this bill is a major effort of the Capital Group.

Cement Plant Near Wilmington State Senator Julia Boseman has introduced legislation (SB 699) to delay or stop a major cement maker, Titan, from to building a cement plant on the Northeast Cape Fear River just outside of Wilmington. The bill will delay all permits for cement plants in NC until September 1, 2010, and require the Environmental Review Commission to study the environmental impacts of cement plants. There was discussion about the bill (not a vote) at a meeting of the Senate environment committee on Tuesday, March 24.

The plant would destroy hundreds of acres of wetlands as well as cause air pollution. For the story in the Wilmington Star News, click here. For more information, see the Stop Titan website, stoptitan.org.

Community Conservation Assistance Program (CCAP)
Sen. Julia Boseman introduced SB 523 to fund the Community Conservation Assistance Program, a voluntary, incentive-based program that helps local governments and private landowners install storm water control measures. CCAP, administered by the Division of Soil and Water Conservation, provides educational, technical, and financial assistance to landowners through its network of Soil and Water Conservation Districts.

More information about these and other issues will be reported here.

Sierra and Other Groups Sue State Over PCS Phosphate Mining Permit

2009-03-18T11:10:00.000-04:00

The Southern Environmental Law Center, on behalf of Environmental Defense Fund, North Carolina Coastal Federation, Pamlico-Tar River Foundation, and North Carolina Sierra Club filed suit in the state administrative court against the NC Department of Water Quality challenging the issuance of a permit for a mine proposed by PCS Phosphate. See press release by SELC and story in News & Observer.

Cement Plant Near Wilmington

2009-03-03T14:00:00.000-05:00

A major cement maker, Titan, plans to build a cement plant on the Northeast Cape Fear River just outside of Wilmington. This plant would destroy hundreds of acres of wetlands as well as cause air pollution. For the story in the News & Observer, click here and in the Wilmington Star News, click here. For more information, see the Stop Titan website, stoptitan.org

Campo Public Hearing

2009-03-01T12:08:00.000-05:00

Campo Public Hearing, Thursday, 3/5, 6:30 p.m.
The Capital Area Metropolitan Planning Organization (CAMPO; www.campo-nc.us) will hold public hearings on proposed plans for the first 10 years of a transit plan for Wake County at City Hall, 222 W. Hargett St. This will be a joint meeting with the Capital Area Friends of Transit (CAFT). CAFT will provide an update on our activities as well as a report on the transit legislation from Wake legislators. As members of the CAFT coalition, the Capital Group strongly encourages you to attend to learn more and to express your views on the Wake Transit Plan! The proposed 10-year Wake County Transit Action Plan includes:

• doubling of bus service throughout the county, including express service connecting outlying towns in Wake County

• a light rail transit line from Northwest Cary to NCSU, downtown Raleigh and to Spring Forest Rd. in Northeast Raleigh

For more on the 25-year long range plan and 10-year action plan, see the links below:
25-year plan: www.campo-nc.us/2035_LRTP.html

10-year plan: www.campo-nc.us/TAC_Agenda/2009/Agenda-TAC-2009-01-21-Att-10B-Wake-Transit-PPT.pdf

PBS Now Looked at Transit with Focus on Charlotte

2009-02-26T11:25:00.000-05:00

The PBS program Now looked at transit funding and the stimulus with a focus on North Carolina. It is available online at: http://www.pbs.org/now/shows/507/index.html.

NC Policy Watch - Jordan Lake Rules

2009-02-23T11:22:00.000-05:00

Rob Schofield of NC Policy Watch published an article on the organization’s website Friday about "How Polluters and Ideologues are Attempting to Block the Clean-up of a Vital Water Resource." He discusses the criticism of the Jordan Lake Nutrient rules by the John Locke Foundation. His article can be found at www.ncpolicywatch.com/cms/2009/02/20/sabotaging-the-jordan-rules/.

Schofield referred to the site www.CleanJordanLake.org for information about the Jordan Lake rules. The site provides information about Jordan Lake, the dangers facing the lake, and the rules designed to protect the lake. These rules have been approved by the Environmental Management Commission and the Rules Review Commission. The General Assembly will decide this year whether to block the rules, allow the rules to go into effect, or compromise and adopt weaker rules.

NC General Assembly Getting Organized

2009-02-14T23:00:00.000-05:00

The NC General Assembly is now organized. Both the House and Senate have appointed committees that should soon be meeting and considering legislation of interest to us. Some of the issues are:

Jordan Lake Rules - Rules were adopted by the Environmental Management Commission and approved by the Rules Review Commission to reduce the nutrient pollution of Jordan Lake. Bills (HB 3 and SB 166) have been introduced in the General Assembly to disapprove the rules. If the bills are killed, the rules will go into effect. But there may be a compromise, with the General Assembly substituting weakened rules.

Water Allocation - No bill has been introduced yet, but there may be a bill to require permits for the withdrawal of large amounts of water from rivers, in order to share the water resources of a river throughout the river basin.

Transit - Bills (HB 148 and SB 151) have been introduced to allow counties, with voter approval, to charge an additional sales tax to pay for mass transit, including rail and busses. Support of this bill is a major effort of the Capital Group.

Auto emissions and efficiency - Bills may be introduced to adopt the California auto efficiency and emissions standards.

More information about these and other issues will be reported here.

NC General Assembly starts session

2009-02-02T14:26:00.000-05:00

The North Carolina General Assembly started its "long" session last week. As of today, they have not announced the committee assignments, but bills are being introduced.

Of course, the big issue this session is the economy. How can they have a budget that is balanced in spite of the economic situation without cutting too deep and without raising taxes too much.

Several important environmental issues will come before the General Assembly.

Transit
The legislators will be asked to give the counties the authority to raise sales taxes (or perhaps some other tax) to fund mass transit (rail and bus).

Jordan Lake
Recently the Environmental Management Commission and the Rules Review Commission adopted rules to protect Jordan Lake from pollution (specifically, nutrients that lead to algae problems).

Water Allocation
There will likely be an attempt to amend laws about how water in our rivers is allocated to communities and industries along the river. In the past there was sufficient water in the rivers for everyone to use what they needed. However, with growth we are reaching limits. It appears that we need to change the law to require that large water users (some industrial users and communities) to obtain permits before they can withdraw large volumes of water.

These issues and others will be discussed here as they are addressed by the General Assembly.

Water - Should permits be required?

2008-12-16T19:33:00.000-05:00

An editorial in today’s News and Observer correctly pointed out a serious matter that North Carolina, as well as many other states must deal with: Water Allocation. The editorial points out that one company might sink wells into a aquifer and take so much water that other users, such as other factories or towns, would not have enough water.

As the editorial points out, “A scarce, essential resource shouldn't be allocated on the basis of which consumers have the sharpest elbows, the most money or the most clout.” Something may be done about it. The NC General Assembly commissioned a study, led by Richard Whisnant of the UNC School of Government and Bill Holman of Duke University. Likely this study will suggest that the state require permits for water usage exceeding 100,000 gallons per day.

News and Observer Editorial

Draft of Whisnant-Holman report

Time to Vote

2008-10-31T22:21:00.000-04:00

Election Day is this Tuesday. If you haven’t already voted in the early voting, be sure to vote on Tuesday. And please consider the environmental issues when you vote.

To help you decide, here are some links to endorsements:
Sierra Club NC Chapter nc.sierraclub.org/politics/2008%20Endorsements.htm

Conservation Council of NC 2008 Legislative Scorecard www.conservationcouncilnc.org/advocacy/scorecard_2008.pdf

CCNC's full slate of 2008 general election statewide and legislative contest endorsements: www.ccnccpac.org/endorsements/2008endorsements.htm

LCV Endorsements in NC: The national League of Conservation Voters (LCV) circulated an email listing its Congressional endorsements in the North Carolina. They are Kay Hagan for U.S. Senate; and Congressional contenders Roy Carter (5th District), Larry Kissell (8th District), Daniel Johnson (10th District), and Rep. Heath Shuler (11th District). More details are available at www.lcv.org.

Wake 'Cool' County House Party, Thursday, 10/9, 7:00 - 8:30 p.m.

2008-10-08T10:03:00.000-04:00

Come out to the first informational and strategic planning House Party for the Sierra Club’s Cool County campaign at the home of John and Sabrina Colvard, 3700 Trenton Rd., Raleigh, NC 27607.

You will have the opportunity to see the oldest brick house in Wake County (1804), which has been recently restored to be the oldest Energy Star certified house in the country.

Marvin Woll will present tips he learned as the lead volunteer in the Raleigh Cool City campaign. He has a wealth of information and we are very excited that he has volunteered to help lead our new Wake ‘Cool’ County campaign.

Afterward, we will brainstorm strategic plans for approaching the Board of Commissioners and educating the public about the Cool County project. Your perspective and voice is very important to the County’s progress.

Please RSVP to Kara Craig, NC Cool City Coordinator, Sierra Club at kara.craig@sierraclub.org

Train travel

2008-09-11T14:55:00.000-04:00

After many years of travel around the country, and sometime world, by air, I have started riding the train. Actually, shorter trips, such as from Cary, NC to Washington, DC, are ideal for train travel. Typically the alternative would be to drive. I travel by train to Washington DC to visit family. It certainly beats driving.

I can board the train at the Cary train station and travel to Union Station in Washington, downtown and close to my family member’s office. Parking at the Cary station, like many stations, is free. The trip takes about seven hours, about the same as driving if you include a few stops. On the train I have a seat that has more leg room than first class on airplanes. I can put my lap top computer on the fold down tray and have room to open it, unlike the situation on many airline seats. Many of the seats have 110 volt outlets, so I don’t have to rely on my computer’s battery.

I am free to get up and walk at any time, very important for someone as restless as me.

Most of the time I can find an empty table (or side of a table) in the snack car, making it even more comfortable to use my computer. I can usually plug in my computer at the table.

Most importantly, I am saving fuel, reducing the amount of oil that is imported and reducing the amount of green house gas produced.

Wrightsville Beach May Limit Boat Flushing

2008-08-25T22:05:00.000-04:00

Thanks to Mindy at the NC Conservation Network for this.

Wrightsville beach has had a problem recently with high bacteria counts in “Banks Channel”, the sound next to Wrightsville. One of the sources of this problem is sewage, usually untreated, flushed from boats.

http://www.starnewsonline.com/article/20080814/ARTICLES/808140353

The town of Wrightsville Beach is beginning the long process to have the area designated as a no discharge zone.

As someone who has spent years sailing, and sometimes swimming, in Banks Channel, I hope the town is successful in cleaning it up.

Density, Growth, and Transit

2008-08-16T16:29:00.000-04:00

Below is a comment I posted on Cary Politics earlier this month, concerning transit but also commenting on density and growth:

Some people like density and some people don’t. There are those who like to live in an urban area, with an apartment or condo in a high rise, retail below, and nothing but concrete outside. There are those who prefer a large or small yard, trees, and the ability to open the windows and listen to all kinds of wildlife outside.

I suspect that those of us who choose to live in Cary prefer the less dense. Those who prefer the dense probably live somewhere else, such as certain areas of Raleigh.

There are several problems with Cary becoming more populous. First, it is not the type of place people wanted when they moved here. Second, more people require more water. Unless someone can figure out how to make it rain more, during drought years we won’t have enough water. Third, more people means more traffic. Our roads are already clogged.

Transit is certainly in our future. Presently most of the time I go to downtown Raleigh I ride the TTA bus, picking up the bus at the Cary train station where I can park my car. The cost of the bus ride is about the same as the cost of gas, and parking is free. I expect that there will, in the future, be more frequent bus trips and more “park and ride” locations in Cary. Transit can reduce the cars used by commuters, but will it have much effect on trips for shopping, taking the kids to wherever, etc? Even those of us driving to the nearest park and ride location are taking up space on the roads of Cary.

Transit is ideal for those of us who frequently travel to a relatively compact area such as downtown Raleigh. But how many of the workers in the spread out buildings of RTP going to ride the bus rather than drive? Transit will save money for many of us. It will assist those who for economic or other reasons cannot drive cars. It will save energy and reduce pollution. However, it will do little to solve the problem of congested roads.

We must expand our transit system. However, we also need to consider limits on our growth, and to think seriously about how many more people western Wake County can hold.

Conserve NC

2008-08-15T15:58:00.000-04:00

This new blog, Conserve NC, will provide some news and plenty of opinion about environmental issues facing North Carolina. Many of the issues that will be discussed here are the result of growth in certain parts of NC, particularly Wake County and the Triangle. This growth is affecting water supply, transportation, and all other aspects of our lives.

So stay tuned, and please post any comments you may have.

John A. Shaw

Cary, NC