Environment, Governor Roy Cooper

Gov. Cooper proposes $14 million for DEQ, $536,000 for DHHS to tackle emerging contaminants

Gov. Roy Cooper

The NC Department of Environmental Quality would add 45 jobs, primarily in water resources, and upgrade its outdated lab to address the statewide problem of emerging contaminants, according a portion of Gov. Roy Cooper’s draft budget released today.

Under the proposal, DEQ would receive $7 million for water quality analysis and sampling of emerging contaminants, as well as for chipping away the 40 percent backlog of wastewater discharge permits. The Division of Air Quality would also receive part of that money to conduct rainwater sampling and analyze potential air pollutants across the state. Thirty-nine new full-time employees would study emerging contaminants in all water sources, including surface water, groundwater, wastewater, plus soil and sediment.

Other recommendations:

  • $1 million to fund scientific equipment and laboratory analysis. Although a high-resolution mass spectrometer isn’t mentioned by name in the draft, that type of equipment — costing roughly $500,000 — depending on the model, is necessary to conduct the complex monitoring of emerging contaminants. Six new full-time employees would be hired and trained to use the equipment and process samples.
  • $4.4 million for a “permit transformation” project that would provide public online access and tracking for all permits.
  • $1.5 million to upgrade the Reedy Creek Laboratory, where scientists analyze air and water samples. Built in 1991, the facility has not been substantially renovated since.
  • $536,000 for Department of Health and Human Services to hire a medical risk assessor, a Ph.D level-environmental toxicologist, a public health educator and a public health epidemiologist. This DHHS appropriate is the same amount of funding and personnel that Cooper requested last August, but that the legislature did not approve.

The short session begins May 16, when the legislature is expected to consider the recommendation.

Environment, Governor Roy Cooper, Legislature

Gov. Cooper’s office: Lawmakers have “imperiled” pipeline agreement by reallocating funds

At a public hearing in Garysburg, Tom Betts, a supporter of the Atlantic Coast
Pipeline, echoed the utilities’ promises that the project will bring economic
development and jobs to eastern North Carolina. However, privately,
local economic developers were concerned those claims were overblown.
(Photo: Lisa Sorg)

In a letter to lawmakers today, Kristi Jones, chief of staff for Gov. Roy Cooper, implied that a $57.8 million mitigation fund for the Atlantic Coast Pipeline could be in jeopardy now that lawmakers have reallocated the money from its original purpose.

“It’s unclear if North Carolina will receive these funds, denying businesses and farms in eastern North Carolina access to natural gas and much-needed economic development,” read the letter, addressed to Republicans Sen. Bill Rabon and Rep. David Lewis.

Divided between Duke Energy and Dominion Energy, the money was to be used to offset environmental impacts from the pipeline’s construction, as well as economic development and renewable energy projects in the eight counties along the route: Northampton, Halifax, Nash, Wilson, Johnston, Cumberland, Sampson and Robeson.

But earlier this week, lawmakers passed House Bill 90, hodgepodge legislation that tied a critical class-size provision to the diversion of the mitigation funds to school districts in the affected counties. Gov. Cooper allowed the bill to become law without his signature.

Dominion Energy co-signed a memorandum of agreement with Cooper’s office; the utility could not immediately be reached for comment.

The fund, though, has been controversial among lawmakers and environmental advocates who view it as financial exchange for state approval of a key water quality permit. The fund would have been voluntary and non-binding. And even with financial help, it’s unlikely that industry in eastern North Carolina could afford the millions of dollars to hook onto the pipeline.

Nor are there assurances that the cost of the natural gas would be affordable, an important point since these counties are among the poorest in the state.

In the letter, Jones also explained the origin of the fund. The details confirm what pipeline opponents have been cautioning for the past 18 months: That despite the utilities’ and economic developers’ public claims, there was private concern that the economic prospects of the project was overblown.

It is also unclear, based on Jones’s letter, whether ratepayers or shareholders would cover the cost of the mitigation fund. If ratepayers were to bear the financial burden — in addition to the $5.5 billion cost of the project — that would further undermine the claim that the pipeline would help eastern North Carolina.

Jones wrote that discussions began in 2017  — although she does not say what month — when “eastern North Carolina economic developers and others expressed concerns about whether the pipeline would bring the economic growth it promised.”

Cooper and his administration were also concerned about the pipeline’s ability to revive eastern North Carolina’s economy as well as the environmental impacts to air, water and forests along the route, Jones wrote. She added that the fund was established independent of permit approvals by the NC Department of Environmental Quality.

The fund would have been administered by a third-party selected by the governor, although Jones wrote that Cooper would not decide what projects would be funded. Distribution of the money to environmental and economic projects would have been based on reviews of applications by “qualified government entities and nonprofits.”

Examples of those entities, Jones wrote, were the Rural Infrastructure Authority and the Clean Water Management Trust Fund, both of which currently award grants to similar types of projects. Jones told lawmakers that Cooper would have signed an executive order that would have made the fund subject to Public Records and Open Meetings Laws, as well as the State Ethics Act.

 

Kristi Jones/Roy Cooper letter by Lisa Sorg on Scribd

Environment, Governor Roy Cooper, Legislature

Another day, another violation for Chemours over GenX, PFOA contamination

The purple lines indicate Phase 4 of drinking water well testing near the Chemours Fayetteville
Works plant. DEQ is requiring the fourth phase because the agency has not yet found the
edge of the GenX contamination (Map: NCDEQ)

During a House floor debate last month on GenX legislation, Rep. Pat McElraft took an unusual stance: defending Chemours, the spin-off company of DuPont responsible for widespread pollution in drinking water and the Cape Fear River.

“Chemours is serious about cleaning up the contamination,” said McElraft, a Carteret County Republican. “Don’t blame Chemours totally. Maybe they made mistakes. They’re trying to do their best to do what’s right.”

There was no evidence to support that contention then, and there is even less now. DEQ released a letter today to Chemours detailing the company’s refusal to comply with the agency’s requests to control the release of perfluorinated and polyfluorinated compounds from its Fayetteville Works plant.

After groundwater tests on and near the Chemours plant showed high levels of PFOAs and PFOSs, DEQ sent the company a letter on Dec. 15, 2017, demanding that it implement “interim” measures to control the sources of contamination and stop the discharge. The company was also required to identify and address any hazards that occurred because of the contamination.

A month later Chemours responded, but failed to detail how it was stemming the discharge or controlling the sources, DEQ said. As a result, the agency is now requiring “immediate” measures to stop and clean up the pollutants. That includes excavating contaminated areas, cleaning potentially contaminated equipment, and reducing or eliminating air emissions that are contributing to the groundwater problems. Chemours has until Feb. 26 to tell DEQ what the company has done — and will continue to do — to meet the requirements.

DEQ could fine Chemours for failing to comply by the deadline.

DEQ scientists theorize that chemicals leaving the plant’s smokestacks are reacting with water — via rain or wet ground — and transforming into GenX. The contaminated water then drains into the soil and eventually pollutes the groundwater. That groundwater in turn, feeds private drinking water wells of households near the plant.

Chemours received permission yesterday from the Division of Air Quality to install a trial system to remove PFASs and PFOAs from air emissions. Any pollution captured by the filtration system must disposed offsite.

As for House Bill 189, the Senate failed to vote on it. Instead, senators rewrote the legislation, redirecting key funding for DEQ away from addressing the contamination. Instead, the agency would have to spend upward of $1.5 million on bureaucracy, including analyzing the last 43 years’ worth of wastewater discharge permits.

The House failed to vote on the Senate version this week, sending the bill to its River Quality Committee. That committee is scheduled to meet Wednesday, Feb. 21, at 9:30 a.m. in Room 643 of the Legislative Office Building.

Gov. Roy Cooper released a statement today expressing his ire for GOP lawmakers who “have gone home without doing anything to protect clean drinking water for North Carolina families.

“State environmental experts continue to hold Chemours accountable and are using all available resources to track the spread of GenX, and the latest notice of violation announced today shows the urgency. People in the Cape Fear region have a right to be angry that legislative leaders have failed to do their duty and give state scientists the tools they need to deal with GenX and other emerging contaminants.”

Environment, Governor Roy Cooper, Legislature

“Frankenstein’s monster”: House Bill 90 heads to governor’s desk

Note: NC Policy Watch education reporter Billy Ball is blogging about the class-size portion of the bill. 

Over the past week, House Bill 90, originally titled “NC Truth in Education,” earned a new nickname: Frankenstein’s monster.

The difference between the literary Frankenstein’s monster and the legislative one is that the former had translucent skin that, as Mary Shelley wrote, “barely disguised the workings of the arteries and muscles underneath.” The latter had no such transparency. In fact, fashioned behind closed doors, the clunky legislation fused class-size requirements, changes to elections and ethics boards, and a rebuke of the governor’s deal over the Atlantic Coast Pipeline into a form likely unrecognizable even to its creators.

Nonetheless, the House passed the bill this morning 104-12. One Republican, Hugh Blackwell of Burke County,  joined 11 Democrats in voting against it. Last Friday, the Senate passed it 37-5.

Attached at the last minute, the environmental portion of the legislation reallocates $57.8 million from a mitigation fund related to the Atlantic Coast Pipeline. In late January, Gov. Roy Cooper announced he had brokered a  deal with Dominion Energy, co-owner of the controversial project with Duke Energy, to create the fund. Its purpose is to offset the pipeline’s many environmental impacts, jumpstart economic development in eastern North Carolina, as well as create renewable energy projects. Now, the bill requires the money to be used instead for local school districts in the eight counties along the pipeline’s 160-mile route through eastern North Carolina.

“That money could be used for natural gas distribution lines and creating jobs,” said Rep. Darren Jackson, a Wake County Democrat who voted against the bill. “Now we’re killing jobs” in rural North Carolina.

It’s also possible that by diverting money to the eight school districts  (the complex formula to calculate the amounts should be an Algebra test question)  that lawmakers could justify cutting education funding in the future. That could backfire because the deal between the state and Dominion is not binding. Since it’s voluntary, Jackson noted, “they can walk away without putting any money into the fund.”

Last week, Sen. Erica Smith, a Democrat representing Northampton County, where the pipeline will enter the state, said it was “unfair” to tie the fund to a much-needed class-size fix. Smith compared the trade-off to “keeping your arm but losing your leg.”

Read more

Environment, Governor Roy Cooper

DEQ approves two more permits for Atlantic Coast Pipeline; protests scheduled for tomorrow

Tree-cutting can begin along the northern part of the Atlantic Coast Pipeline route in North Carolina now that state officials have approved a permit for that segment. The NC Department of Environmental Quality today approved the erosion and sedimentation permit for Northampton, Halifax, Nash, Wilson and Johnston counties. The agency also green-lighted a general construction stormwater permit.

The Division of Energy, Mineral and Land Resources issued two post-construction stormwater permits for areas of Nash and Cumberland counties, as well.

Earlier this week, DEQ okayed a key water quality permit, setting the stage for the final approvals. There is one permit yet to be cleared: an individual stormwater permit for a contractors’ work yard in Cumberland County.

Opponents continue to protest DEQ’s approval of the $5.5 billion project, co-owned by Duke Energy and Dominion Energy. “The acknowledged political pressure by Duke and Dominion Energy to gain approval for the ACP has been unrelenting and our governor and other officials finally yielded under their weight.”

Tomorrow, landowners and citizens from impacted communities along North Carolina’s route will protest and hold a people’s hearing beginning at 9:30 a.m., at the Church of the Good Shepherd, 125 Hillsborough St., Raleigh.