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In case you missed it, an editorial in this morning’s Fayetteville Observer rightfully blasted the state Senate’s latest outrageous effort to gut state environmental regulations:

Some cynics are calling it the “Off-The-Wall Act of 2015.” Others suggest a better title might be the “Polluter Protection Act.”

In both cases they’re right. And what happened to House Bill 765 last weekend is a textbook chapter in how North Carolina lawmakers regularly commit outrages under cover of darkness.

Please note that we are not making a partisan statement here. For years, Democrats sparked Republican howls when they slipped through Trojan horse legislation that completely changed the purpose and effect of a bill. The howling traded sides when Republicans took over the General Assembly and quickly adopted time-tested Democratic dirty tricks.

House Bill 765 was, until recently, a one-page bill regulating the transportation of gravel. Last weekend, in the Senate, it became a 54-page epic that deregulated everything from profanity on public highways to the minimum age for operating all-terrain vehicles.

The bill is particularly pernicious in giving a greener light to polluters. It unprotects some wetlands, weakens stormwater regulations, removes air-quality monitors across the state and eliminates a requirement for recycling computers and televisions.

Read the entire editorial by clicking here.

Commentary

The Fayetteville Observer gets it right this morning with this editorial on the future of fracking in North Carolina — which becomes legal in the state today. After noting how the plummeting price of natural gas has slowed the fracking boom and may keep drillers away from North Carolina, the editorial puts it this way:

“But despite the less-than-rosy outlook, lawmakers remain eager to ensure that no obstacles hinder drillers. They hurried last week to pass legislation that forbids state regulators from imposing air-emission rules on fracking that are more stringent than federal standards – which are meant as minimums. So much for legislative vows that we’d have the most stringent fracking regulations in the country. We won’t.

As with so many environmental regulatory issues, government leaders see the primary customer as business and industry, whose interests appear to rank ahead of the health and safety of the people of North Carolina.

At the 2015 Sandhills Clean Energy Summit on Saturday, Rep. Rick Glazier, a Fayetteville Democrat, blasted the priorities of the Department of Environment and Natural Resources: ‘DENR, unfortunately, has become not the guardian of sustainability, but the second-best, most-genuflecting Department of Commerce in North Carolina.’

If North Carolina has an abundant gas resource, companies will want to mine it and will work with our regulations – which really should be strong. We don’t need to put out an “I’m easy” sign.

In matters like this, protecting the people is government’s top job. But our leaders aren’t even pretending.”

Meanwhile, advocates at Environment NC will hold a press briefing today at the General Assembly along with several legislators from areas likely to be fracked to release a new report that may well foreshadow what’s ahead in North Carolina. The report details the numerous environmental violations by the fracking industry in Pennsylvania – a place in which many rural communities have experienced a sharp decline in quality of life as a result of the industry’s proliferation. Stay tuned.

Commentary

Anti-frackWhen state lawmakers passed a law to allow the introduction of fracking into North Carolina a couple of years ago, proponents promised the public that the state would have the strongest possible environmental protection rules. Today, the state House took one of what will undoubtedly be a repeated series of steps to walk away from that assurance.

Despite strong objections from environmental advocates, lawmakers hurriedly approved a bill that repeals the current law which requires the adoption of state air quality rules by the agency charged with overseeing fracking — the state Mining and Energy Commission. In other words, rather than adopting North Carolina-specific air quality rules for fracking operations (something on which the Commission was already working), the Commission will now be free to take a pass and simply defer to the rudimentary and inadequate federal rules.

Today’s vote occurred in spite of the strong objections of environmental experts like Rep. Pricey Harrison of Guilford County, who explained that the federal rules basically exempt small “wildcat” operations — i.e. the very (and only) kind of gas exploration outfits that North Carolina is likely to attract given its unproven natural gas reserves. While federal rules do a better job of governing larger operations of the kind run by big energy firms, those companies aren’t likely to come to North Carolina anytime soon.

The bottom line: North Carolina took another step toward toward bringing fracking to the state today and it did so in such a way that increases the likelihood that citizens and our natural environment will be exposed to dangerous air pollutants.

 

 

Commentary
Ozone EPA

Image: U.S. Environmental Protection Agency

Good government can do a lot of to things to improve the quality of life for its citizens, but when you get down to it, making people healthier and safer is pretty much at or close to the top of any reasonable person’s list. That’s why the Affordable Care Act was and is, ultimately, for all its imperfections and corporate giveaways, a success. At the end of the day, more people will be alive, healthier and happier because of the ACA.

Happily, the same is also true of another important Obama administration initiative announced today: new rules to curb ozone pollution. As Newsweek.com reports:

The U.S. Environmental Protection Agency announced Wednesday its proposal for a long-delayed regulation to curb ozone pollution, a human health hazard linked to asthma, heart disease, premature death, and an array of pregnancy complications. Read More

Commentary

FrackingAs you may have heard, North Carolina’s Mining and Energy Commission held the last in a series of meetings last Friday during which they considered public feedback on the draft fracking rules. Despite having received over 200,000 public comments over the last few months, the Commission only made a few little changes to the rules. They have now come up with a finalized set of rules which will eventually make its way to the General Assembly, where it is likely to be approved. Given that fracking may begin in North Carolina as early as next year, you may want to know a thing or two about these rules.

The majority of the public comments called for stricter safety rules. In response, the Commission made some of the following changes:

  • Unannounced inspections will be permitted – the rules will now allow inspections to take place without prior notice to drillers, in order to encourage the drillers to maintain ongoing compliance.
    (BUT note: the rule is just providing permission, it is neither requiring that inspections take place nor requiring that they take place with regular frequency)
  • Amount of time for permit application to be approved or denied will be increased to 180 days – this allows the public to have more notice and opportunity to comment on the request.
  • So-called “fluid pits” will be required to be larger and continuous monitoring will be required – fracking fluid is held in large open pits, which can be a huge safety hazard. The Commission did not ban open fluid pits but rather just increased their size, in order to prevent spills, and increased the frequency of monitoring for leakage into the ground, from monthly to continuous.

Among the items the rules don’t address: Read More