Commission Proceedings 



specific reductions in nitrogen oxide (NOx) emissions from point sources in order to 

 reduce the transport of NOx to areas with air quality problems in northeastern states. Mr. 

 McLawhom said the EPA had prevailed on most points, but not all, and it would 

 probably take two years for the required plans to be unplemented. He also said an appeal 

 to the Supreme Court was likely. Mr. McLawhom stated that despite the lawsuit, the 

 Environmental Management Commission was moving forward to implement the State's 

 ovm clean air plan. He added that the EPA could attempt to achieve emissions reductions 

 similar to those sought under the NOx SIP Call by other means. 



Alan W. Klimek, Director of the Division of Air Quality in DENR, and Heather J. 

 Hildebrandt, an Environmental Engineer with the Mobile Sources Compliance Branch in 

 the Technical Services Section of the Division of Air Quality in DENR, presented 

 recommended incentives to increase the use of alternative-fueled and low-emission cars 

 and trucks in privately-owned fleets. These included tax credit and loan subsidies for the 

 purchase of such vehicles. A fiscal analysis of the proposals was requested. 



Open burning 



David Jarman, Fire Chief of the Division of Forest Resources in DENR, gave a 

 presentation on procedures for issuing open burning permits on five or more acres near 

 woodlands under DENR's protection. Mr. Jarman said there had been smoke problems 

 from the burning of organic soils in drought conditions along the coast and said DENR 

 was considering canceling open burning permits in drought conditions. 



Inactive Hazardous Sites Program 



Charlotte Jesnick, Head of the Inactive Hazardous Sites Program in the Superfimd 

 Section of the Division of Waste Management in DENR, gave a report on the inactive 

 hazardous sites program. She noted that old landfills had emerged as a potential problem, 

 posing risks to drinking water wells nearby and problems with the migration of gasses 

 from sites that have been paved over. She said recent legislation that authorized the 

 privatization of oversight functions at voluntary cleanup sites and the use of land-use 

 restrictions instead pristine cleanups where appropriate had helped the program stretch its 

 resources and be more effective. 



Brownfields 



Bruce I. Nicholson, Head of the Special Remediation Branch in the Superfimd Section 

 of the Division of Waste Management in DENR, and Tom Warshauer, Manager of the 

 Employment and Business Services Division for the City of Charlotte, reported on the 

 Brownfields Program. Mr. Nicholson explained that businesses that enter into 

 brownfields agreements with the State receive protection from liability for contamination 

 in exchange for conducting partial cleanups and accepting land-use restrictions on their 

 property to protect public health and the environment from any remaining pollution. He 

 further explained that the liability protection is only available for parties not originally 

 responsible for the pollution, and that the program removes disincentives for the 

 redevelopment of blighted urban areas. Mr. Nicholson noted that a provision of the Bill 

 Lee Act that requires the State to charge a fee to cover the State's cost for administering a 

 brownfield agreement could be a disincentive to using the brownfields program. He noted 



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