DEQ Division Overview Secretary’s Environmental Justice and Equity Advisory Board Inaugural Meeting July 11, 2018 1
Environmental Justice and DEQ Improving Community Education and Outreach DEQ’s Work We Need Your Help Identifying priority Follow the Science issues Follow the Law, Follow the Rules Identifying Use Science and the Law to Follow Justice vulnerable communities DEQ uses a scientific and legal lens to do our work. Building trust with vulnerable Your guidance is needed to add the lens of how our communities work can impact communities and people. Executing more effective public We must do more than the law requires to be outreach transparent and communicate with the public on the department’s work and how those we regulate are impacting communities. Department of Environmental Quality 2
Sustainable Development – Social Pillar Community Involvement Policy/Permitting Proposed Community of • EJ Snapshot Concern Criteria • EJ Review • Race and Ethnicity Identify • Age and Sex Grassroots • Disability Commission on Indian • Poverty/Household Income Affairs • Limited English Proficiency Governor’s Council on Hispanic/Latino Affairs 10% or more in comparison to the county average Local Government 50% or more minority 5% or more in comparison to the county average Churches for poverty Nursing Homes EPA and NEPA Libraries Fire Departments Regulatory Requirements Contact • National Environmental Policy Act, NEPA Postcards • State Environmental Policy Act, SEPA Flyers Information Packets Department of Environmental Quality 3
Coal Ash Right now Regulatory Working with NC Department of Justice to address remediation alternatives that would speed up the clean up Requirements process • By 10/15/2018, all homeowners will be off bottled water • Coal Ash Management Act • By 12/31/2019 permanent solutions will be in determined • NC Groundwater Standards for the remaining coal ash plants in question. • Protections/Interpretations of • Recent meetings were adjusted for the convenience of Waters of the United States DEQ staff, not focused on the best ways to engage • Proposed CCR Rule residents affected by cleanup processes Changes (NC) • Media continue to cover the issue in several key markets • Federal CCR Rules • Age of this issue means we have more awareness of key • Federal Clean Water constituencies interested in the issue Act/Safe Drinking Water Act Public Outreach/Stakeholder Engagement • Meetings with key environmental groups monitoring progress of clean up plan approval process, public meetings for residents helping guide them toward the best long-term solution for their water needs. • Public notices, press releases, social media messages, letters/emails to residents, email lists to specific non-profits are more targeted 4
Solid Waste – Landfills Right now Section staff are implementing DEQ’s efforts regarding Regulatory environmental justice, and assisting other divisions in Requirements implementing EJ screening during the permitting • North Carolina process. rules/laws Policy/Permitting • GS 153A-136(c)-(d) • New landfills require an environmental impact • 130A-294(a)(4)(c)(9) statement – EJ is a component • Common application • Counties must hold a public hearing prior to review practices selecting or approving a site for a new sanitary landfills In 2008, the General Assembly updated the Solid Waste Law: DEQ may deny an application for a permit for a solid waste facility if DEQ finds the new facility’s cumulative impact disproportionately affects a minority or low-income community protected by Title VI. This is the only NC program with this authority. 5
Solid Waste – Landfills Permitting Process At the start of a new site: • A public hearing is required. • Local government approval in the form of a resolution or franchise is required. • Special use permits may be required. Draft permits receive public hearing and public comment period finalizing the language. 6
Superfund State and Federal Sites Right now • Coordination with EPA and local stakeholders through Regulatory Requirements community meetings and public education to improve • NCGS 130A-310 public health and environmental outcomes. • Federal Superfund • Federal Superfund law provides for grants to (CERCLA) communities for engagement and technical assistance. • Superfund sites: CTS of Asheville; Chemtronics, Kerr McGee Navassa, Stony Hill Road TCE, Davidson Asbestos, Patterson Street Vapor Intrusion Removal Site Assessment, Kaba Ilco, One-Hour Martinizing (Durham) Policy / Permitting • Identify, monitor and communicate the risks and locations of more than 4,000 chemical spill or disposal sites. • Make efficient use of public resources to prevent Kerr McGee Site, Navassa, NC exposure to dangerous chemicals and to conduct cleanups at the most dangerous sites. • Work toward finding state and federal cleanup solutions that are effective, efficient and responsive to communities in North Carolina. 7
Brownfields Program Right now Regulatory • Prospective developers negotiate a brownfields Dependencies agreement that defines activities needed to make the site suitable for reuse – not to Brownfields Property regulatory standards. Reuse Act ( NCG.S. § • Provides liability protection to all future owners 130A-310.34 ). (includes the land) as long as they are not the responsible parties. This summer NC will approve its 500 th brownfields agreement. Department of Environmental Quality 8
Brownfields Program Public Notice/Stakeholder Engagement Brownfields, unlike some The prospective developer (PD) submits a Notice of Intent other areas of to Redevelop a Brownfields Property and a summary of opportunity, are more the Notice of Intent to DEQ to start the process. market driven than DEQ • That triggers a set time to submit written comments as driven. well as requesting a public meeting on the proposed brownfields agreement DEQ offers guidance to • PD provides a copy of the Notice of Intent to all local public sector partners governments of jurisdiction and drives public engagement around A 30-day public comment period begins once the PD: Brownfield notifications. • Publishes the summary of the Notice of Intent in a newspaper of general circulation serving the area in which the brownfields property is located. • Posts a copy of the summary of the Notice of Intent at the brownfields property. • Mails/delivers a copy of the summary to each owner of property contiguous to the brownfields property. 9
Methyl Bromide (MeBr) Log fumigation air permitting Right now Regulatory Requirements Seven facilities in North Carolina are permitted for MeBr • Classified as VOC, a HAP use under Synthetic Minor permits • but not a NC air toxic Three reported no usage in 2017 pollutant • A fourth is no longer in operation • EPA limited production and • Currently: use because MeBr depletes • Title V permit application the ozone layer • 4 synthetic permit applications • EPA allows exemption for quarantine and pre-shipment Policy/Permitting fumigation use • Evaluated on a case-by-case basis; Title V permit for • No state or federal emissions exceeding10 tons per year rules/regulations specific to • Synthetic Minor permit for emissions less than 10 pre-shipment fumigation use of MeBr tons per year of a hazardous air pollutant (HAP) is • EPA has not established a the most common. maximum achievable control technology (MACT) NC Public comment period: 30 days requirement for this activity EPA comment period: 45 days Department of Environmental Quality 10
Natural Gas Pipelines Right now Regulatory FERC, Mountain Valley Pipeline discussions • Requirements Recent public meetings • Sedimentation Pollution • Public Engagement push from DEQ to these Control Act events • NC Administrative Code Monitoring ACP lawsuits in WV, VA (multiple chapters including surface water, Policy/Permitting groundwater, air quality, • Federal FERC must evaluate several elements sedimentation control) before State can permit the pipeline • Federal Clean Water Act • • Federal Clean Air Act Once a pipeline is approved by FERC, the state • USACE 404 Permit is limited to the permitting process to constrain • Federal Clean Water pipeline construction and operations through: Act/Safe Drinking Water o Erosion Control Plan Approval Act o NPDES Construction Stormwater Permit o 401 Certification o Air Quality Permit (if compressor station planned) 11
Wood Pellet Manufacturing Title V air emission permits Right now Regulatory Enviva Pellet sites are the primary focus. Requirements • Ahoskie Title V permit • Northampton • Federal Clean Air Act • Sampson Title V • Hamlet (under construction) • All Title V permits are administered by DAQ DEQ.NC.gov includes a ‘wood pellet industry’ page central office containing all relevant permit documents for public Public hearings are not held access unless Director deems significant public interest Policy/Permitting • Title V Permit application and review • Public comment period of 30 days • EPA comment period of 45 days • Timelines differ (ex. Sampson permit is on hold until Northampton is finalized) Department of Environmental Quality 12
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