The N.C. Department of Environment and Natural Resources asked for the extension because additional time is needed to understand the potential impacts of the rule on the environment and the economy, John Skvarla, secretary of the N.C. Department of Environment and Natural Resources said in a letter sent this week to the EPA.
“Our review to date has revealed that the rule will have a significant impact on electric power providers and rate payers,” Skvarla’s letter states. “We believe the proposal creates a regulatory scheme that affects all aspects of how electricity is generated, dispatched, and used by businesses and consumers while creating a new EPA oversight of every state and local authority involved in these complex issues. EPA’s current comment period deadline of October 16, 2014, simply does not provide sufficient time to understand this far-reaching and complex proposal.”
For a climate-change denier who believes fossil fuels are a renewable resource, I'm not sure there is a sufficient amount of time to understand this, or any other "complex" issue.
AN ACT to disapprove the mitigation program requirements for protection and maintenance of riparian buffers rule adopted by THE ENVIRONMENTAL MANAGEMENT COMMISSION, DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION TO ADOPT A NEW MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE, and amend wastewater disposal system requirements.
SECTION 1. Pursuant to G.S. 150B‑21.3(b1), 15A NCAC 02B .0295 (Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers), as adopted by the Environmental Management Commission on May 9, 2013, and approved by the Rules Review Commission on July 18, 2013, is disapproved.
Bolding mine. Five years of work, done by a Commission that already had more industry input than it should have, tossed aside because a small yet clever group of people saw an opportunity to take advantage of a failsafe that was put in place to keep a small yet clever group from abusing the rulemaking process. We are impressed by such guile, but many lawmakers are not:
In just five months this winter, the McCrory administration rewrote those [river and stream buffer] rules with the help of private companies that had a financial stake in the outcome – including the company where state Department of Environment and Natural Resources Secretary John Skvarla once worked.
Yes, five years in the making, river and stream buffer rules were protecting our water quality. John Skvarla and DAG McCrony weren't about to stand for that. So they got a group of 7 people together and rewrote the rules in secret. In case you were wondering whether the 7 people consisted entirely of environmental exploitation profiteers and industry-biased government employees, the answer is (SURPRISE!) yes.
Submitted by scharrison on Thu, 06/12/2014 - 10:37am
But it had nothing to do with politics, of course:
But Ross has her own suspicions. The booted members were all registered Democrats, according to the N.C. State Board of Elections. Of the new members who are registered voters, all are Republican. “I can’t speak for DENR,” Ross said. “What I do know is that I’m a registered Republican, and I have to say I suspect that was the reason I was kept on the board.”
But the Pigeon River Fund isn’t a political board. Its members are tasked with reviewing grant applications, visiting sites and deciding which projects to fund. The members tend to be united by their knowledge of or interest in water quality, not by their politics. “Politics never came in, I can tell you that,” Melville said. “The recommendations [for board appointees] came in from people that had an interest in the water quality.”
We'll see about that. Local or county GOP party officials have never been adept at hiding their motives, because the only way they stay in power is if everybody knows how influential they are. Film at eleven.
Apparently Duke Energy & Pollution has grown accustomed to running the state of North Carolina and in particular, receiving the response "How high?" when ordering officials at NC DENR to jump.
In their latest demonstration of disdain for rules to protect the environment, Duke Energy & Pollution has responded to DENR's notices of violation. DENR cited Duke Energy & Pollution for illegal stormwater discharges at 6 different sites.
Duke Energy & Pollution says those citations are "in error". They said they don't even need permits for two of the sites, and:
For the four other sites, the letter says, Duke has had permit applications pending for months or years at DENR and was working through the permitting process with the agency in good faith.
Thank you for pointing out in your March 23 editorial “ Before coal ash spill, GOP was bashing environmental rules, groups” that the spill into the Dan River from Duke Energy’s 1968 coal ash pond was not the fault of the McCrory administration. How gracious.
While the McCrory administration, the EPA and others work to solve this longstanding problem, you have used it in your ongoing efforts to attack the governor. It is unfortunate for you that you must include the inconvenient fact that, while nothing was done about coal ash for decades under Democratic leadership, the McCrory administration took swift action, suing the utility over groundwater contamination and illegal discharges within 45 days of taking office.
Which, as most people in the Continental United States are now aware, was merely a ploy to limit the damages Duke Energy would have to pay from a lawsuit that was already in progress. And it also answers the question of why Duke Energy would spend so much money (over 1.1 million) to get one man elected. Sarcasm and whining might feel good, John, but it rarely (if ever) solves your problems.
But this lawyer used to represent Duke Energy, the subject of all the subpoenas in the first place.
The lawyer hired to represent North Carolina's environmental agency during a federal investigation into its regulation of Duke Energy's coal ash dumps once represented the utility company in a different criminal probe.
Thousands of lawyers, and Skvarla chose Mark Calloway, who represented Duke in the past.
The French Broad Riverkeeper detected high levels of arsenic in a water sample of wastewater leaking from the Cliffside Steam Station operated by Duke Energy on the Broad River.
Riverkeeper Hartwell Carson tested the water in a variety of locations along the Cliffside property at the Broad River on March 10. This week he reported arsenic at “25 times” the EPA drinking water standard in one seep just downstream from the spillway and near a retired coal ash pond which has dried out.
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