Commission Proceedings 



November 23, 1999 



Environmental Management Commission 



Dr. David H. Moreau, Chair of the Environmental Management Commission (EMC), 

 gave a report on recent EMC activities. These included progress in rulemaking to limit 

 the emissions of nitrogen oxides (NOx) from complex sources, such as large shopping 

 centers, and the EMC's progress in adopting a rule to regulate the emission of odor from 

 animal waste management systems. Questions were raised about the impact on North 

 Carolina of recent court decisions on air quality standards established by the federal 

 Environmental Protection Agency (EPA). DENR representatives noted that the 

 applicability of various federal standards had become less clear, but North Carolina could 

 still proceed with its own air quality measures. Regarding the odor rule, a question was 

 raised about the ability of a complainant to appeal a finding of no violation by DENR. 

 DENR representatives were unable to answer conclusively. 



Hurricane update 



Michael A. Kelly, Director of the DENR Hurricane Response Center and Deputy 

 Director of the Division of Waste Management in DENR, gave the ERC an update on the 

 impacts of the 1999 hurricanes and DENR's response. O. Rolf Blizzard, Director of 

 Special Projects in the Office of the President Pro Tempore of the Senate, reported on 

 efforts to secure federal aid to fund hurricane recovery efforts in the State. There was 

 considerable discussion regarding the fmding that 30% of the drinking water wells tested 

 after the hurricanes showed contamination, but that this was no worse than under non- 

 flood conditions. Members also expressed concerns about the timelines for housing 

 replacement, the accuracy of damage estimates, and the fact that Congress had 

 appropriated less money for flood relief than the State had requested. 



Emergency best management practices (BMP s) for animal waste management systems 



Dewey Botts, Assistant Secretary for Natural Resources, and David S. Vogel, Director 

 of the Division of Soil and Water Conservation in DENR, reported on the establishment 

 of emergency BMPs for animal waste management systems adopted by the Soil and 

 Water Conservation Commission in the wake of the 1999 hurricanes. They told the ERC 

 that the priority consideration in adopting the BMPs was to protect lagoon integrity. 

 Members raised questions regarding the legal authority of the Soil and Water 

 Conservation Commission to adopt these BMPs outside of the rulemaking process. Mr. 

 Vogel also aimounced that $5.7 million from the Clean Water Management Trust Fund 

 would be used to relocate swine farms out of the flood plain. Some concerns were 

 expressed about how the spending would be prioritized and the effect of diverting money 

 that would have otherwise been used for other projects. There was also some discussion 

 of the potential for adopting alternative technologies to treat animal waste. 



Enforcement of water quality laws 



Coleen Sullms, Section Chief of the Water Quality Section of the Division of Water 

 Quality in DENR, gave a report on the enforcement of water quality laws for animal 

 waste management systems and facilities that discharge mto surface waters, such as 

 wastewater treatment plants. 



