Commissioners debate 'clean air' standards
By Scott Nicholson

A state official is gearing up for a fight against federal legislation that may undermine the state’s efforts to reduce pollution, and Watauga  County commissioners have been drawn into the fray.

North Carolina attorney general Roy Cooper believes President George Bush’s Clear Skies legislation would undermine North Carolina’s Clean Smokestacks Act, which was adopted in 2002 and regarded as one of the toughest emissions laws in the country.

Cooper recently sent a letter to members of the U.S. Senate Committee on Environment and Public Works, which is considering the bill, saying the proposal undermines North Carolina’s efforts to reduce air pollution, particularly that arising from coal-fired power plants.

The Environmental Protection Agency (EPA) is responding to a court action filed by Cooper that asks the federal government to force coal-fired power plants in 13 states to reduce pollution that enters and affects North Carolina. 

The EPA has a year to determine if pollutants and particulate matter from the named states are contributing to North Carolina’s ability to meet clean air standards.

If the EPA decides in North Carolina’s favor, the states could be forced to solve their pollution problems.

The Clean Smokestacks Act contains stricter guidelines than current federal air standards.

The act, passed in 2002, requires significant reductions in emissions from the state’s 14 largest coal-fired power plants by 2012.

Only five of the General Assembly’s 159 members voted against it, reflecting bipartisan support.

Cooper said Clear Skies would dramatically weaken pollution clean-up efforts, bring higher health costs and more hospital visits, harm water, soil and forest resources, and damage the state’s tourism industry, particularly in the mountains where haze reduces visibility. Clear Skies would prevent states from restricting the sale or purchase of pollution credits, with the Bush Administration claiming the credits provide economic flexibility for industries.

Industries could “buy” pollution levels from each other, giving them more allowable emissions and more time to meet reduction guidelines. Cooper said that aspect of the legislation inhibits a state’s rights to protect its own air. Duke Energy and Progress Energy has signed an agreement with the state not to sell pollution credits they will generate by cutting their emissions to comply with the state law, meaning that pollution wouldn’t end up upwind and still coming in North Carolina.

The Environmental Protection Agency says Clear Skies would cut sulfur dioxide emissions 73 percent, nitrogen oxides by 67 percent and mercury emissions by 69 percent by 2018. President George Bush said the proposal uses a “market-based system” that would keep electricity prices affordable. Industry leaders are afraid the costs of reducing emissions may lead to factory closings and higher electricity rates for consumers.

The county commissioners adopted a resolution Tuesday supporting Cooper’s position and opposing any federal bills that “would relax utilities’ requirements to reduce pollution” under 1990 amendments to the Clean Air Act. The resolution was presented by Appalachian Voices, a Boone-based environmental defense organization and sparked debate among the commissioners, leading to the first split vote of the sitting board.

Harvard Ayers, founder of Appalachian Voices, said coal-fired power plants in surrounding states and the Ohio valley were the largest sources of the state’s pollution. He said the pollution had led to dead trees, acid rain and damage from increased ozone levels, endangering health and the environment.

J.W. Randolph, a member of the organization’s business league, attributed 1,800 deaths per year to the coal-fired plants and said asthma rates had doubled in the last 20 years and scenic visibility had been reduced by 80 percent. He said N.C. Sen. John Garwood (R-Wilkes) planned to introduce the resolution to the General Assembly.

Commissioner David Blust said, “I don’t know it (Clear Skies) necessarily weakens it. I’m only hearing from one side.” He said Appalachian Voices could pull out information in favor of its view. “It doesn’t automatically say ‘David’s against clean air and clean water.’”

Commissioner Jim Deal said “the other side” was Midwestern industries and it would be difficult to hear from them. He said clean air played a vital part in the local economy and that out-of-state industries didn’t enhance Watauga County. He said, “Any effort to weaken that law is an insult to the whole state.”

Commissioner Billy Ralph Winkler said North Carolina “stepped up to the plate” with its smokestack law and said the state decided “Even though our pollution is coming from elsewhere, we’re going to clean up our own act and be a model for other states.”

Commissioner Keith Honeycutt said he wanted more information on why Clear Skies hasn’t been accepted for review by the federal environmental committee, saying he couldn’t believe economic interests were the sole reason for relaxing air standards as suggested by Appalachian Voices.

Commissioner Winston Kinsey cited a recent trip to Beijing, saying “half the people wore masks over their mouths and you couldn’t see 10 feet in front of you.” He said he didn’t want air protection laws weakened.

The resolution passed 3-2 along party lines, with Democrats Deal, Winkler and Kinsey supporting it and Republicans Blust and Honeycutt opposing.

The resolution will be sent to the General Assembly and the state’s Congressional delegates, requesting support for national legislation “that would reduce pollution as quickly and to a similar extent as is required by our own Clean Smokestacks Act.” The resolution asks delegates to oppose any legislation that would weaken current clean air standards and supports Cooper’s efforts to challenge upwind states to reduce pollution as may be allowable under current law.

The bill was withdrawn from from the Senate Environment and Public Works committee after it appeared the measure wouldn’t pass. It will be revised and submitted again in March.

• Scott Nicholson may be contacted

at nicholson@wataugademocrat.com.