Background factsheets on proposed North Carolina fracking rules

The NC Mining & Energy Commission has proposed a package of 120+ rules establishing a regulatory framework for shale gas development - fracking - in North Carolina.  The Commission is holding four public hearings and accepting public comment on the proposed rules through Monday, September 15.  We've collected the factsheets below, from several organizations, addressing various aspects of the proposed fracking rules, in hopes that these will be a useful resource if you're planning to comment.

NCCN comment letter: fracking stormwater rule

The comment period just closed (Aug. 1) for public input on the NC Environmental Management Commission's proposed rules to manage stormwater at shale gas development (fracking) sites.  The main package of fracking rules - proposed by the NC Mining & Energy Commission - remains open for comment through Monday, Sept. 15.

In brief, our comments urge the EMC to:

Foreign direct investment in North Carolina

In late June, the Brookings Metropolitan Policy Program released a geographic analysis of 'foreign direct investment' (FDI) in US cities from 1991 to 2011.  The chief purpose of the report is to encourage cities to think about FDI with greater sophistication - not as a golden ticket to generating new jobs, because it doesn't reliably do that, but as one component of a balanced economic development strategy.  Three North Carolina metro areas receive special attention in the report.

Emerging contaminants and groundwater

A new study by the U.S. Geological Survey of 118 groundwater wells in Minnesota found contaminants of emerging concern in over a third of water samples.  Roughly half of North Carolinians get our water from groundwater, and this study has interesting lessons for our state.

Concerns with S38, Amend Environmental Laws 2014

Every year, as the NC General Assembly approaches the end of session, one or more bills appears that is a grab bag of special interest loopholes and statutory changes requested by agencies.  This year, S734, Regulatory Reform Act of 2014, left the NC Senate loaded with damaging environmental provisions.  The NC House transferred some of them to S38, Amend Environmental Laws 2014, and left others out, and then sent S38 back to the Senate, where it has not yet been brought up for concurrence.  Our factsheet outlining the sections of S38 of greatest concern is here. 

Natural gas extraction and post-closure methane emissions

In North Carolina, much opposition to fracking has reflected concern over air, water, and soil contamination.  At the national level, debate has also swirled around the potential impact of natural gas extraction on the global climate.  A recent PhD dissertation from Princeton University attaches numbers to a concern that has largely escaped notice until now: the potential impact of methane leaking, not from active wells, but from old wells that have ceased production.

Environmental highlights of the NC House budget, S744

Today the NC House takes up its version of S744, the Appropriations Act of 2014, which would make adjustments to the state budget for the 2014-2015 fiscal year.  In general, the House budget is much better for the environment than the Senate budget, dropping a number of harmful special provisions and adding a handful of smart expansion items.  Our one-page take on the House budget's environmental highlights is here.

In North Carolina, no remedy for long term contamination from fracking?

Yesterday, the U.S. Supreme Court released its opinion in CTS v. Waldburger, a tort claim brought by neighbors of the CTS Superfund site in Asheville.  The court held that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or Superfund) does not preempt North Carolina's 'statute of repose', N.C.G.S. §1-52(16), which requires that a person injured by the actions of another sue within 10 years of the final injury or give up the claim.  As a result, the Court dismissed the case brought by the neighbors, leaving them without a way remedy to recover damages from the company.

Some environmental implications of the NC Senate budget, S744

Roughly one week ago, just after midnight on Saturday, May 31, the NC Senate gave final approval to its version of S744, the 2014 Appropriations bill.  Environmental spending is just a small part of the $21 billion appropriated budget, which represents roughly half of total state annual spending (the rest takes the form of unappropriated spending from receipts and federal grants).  Still, the budget has significant impacts on North Carolina's environment and public health, both through direct expenditures on state programs, and through 'special provisions' that change state laws and policies in non-monetary ways.

We've put together a short factsheet that highlights some of the most environmentally significant provisions; it's available here.  These include new money for coal ash monitoring and cleanup (conditioned on passage of legislation that hasn't yet been unveiled); dubious spending on exploration and marketing of North Carolina's onshore natural gas; a boondoggle project on the Outer Banks; and cuts in transit and multimodal spending.  We'll be watching closely on these and other issues to see whether the House takes a different approach.

What's wrong with SL2014-4, Energy Modernization Act

Yesterday, Governor Pat McCrory signed S786, Energy Modernization Act, into law as Session Law 2014-4.  The bill changed minimally on the House floor last week; we've updated our factsheet on the Act.  It's here.

What's wrong with S786, Energy Modernization Act

This afternoon, the NC House voted 63 - 52 (on second reading) to approve S786, Energy Modernization Act, the 2014 short session fracking bill.  The bill breaks the promise made by the state legislature twice - in 2012 and again in 2013 - that legislators would wait until state regulators finalized a new regulatory program before voting whether to allow issuance of fracking permits.  Beyond this, the bill fails to address the major threats fracking poses to public health, communities, and the environment in North Carolina.  The bill will be up for third reading on the House floor tomorrow.

Our more detailed take on the bill and its shortcomings is here.

Environmental justice for pedestrians

Say the phrase ‘environmental injustice’, and the image that springs to mind is likely has something to do with pollution or hazardous land uses sited in a low-wealth community or a community of color.  A couple of reports out this month illustrate another form of environmental injustice that affects millions of Americans: poor design of streets and sidewalks, leading to pedestrian fatalities.

Imagining a transition to a VMT fee in Michigan

Last month, a transportation research center at the University of Michigan issued the results of its study, commissioned by the Michigan Environmental Council, of how that state might transition to a mileage fee to pay for transportation spending.

The 'options paper' is short, clear, and raises an interesting option for collecting a VMT fee.

NCCN policy brief: equity and land use implications of a mileage tax

We've released the newest NCCN policy brief, examining the equity and land use implications of shifting from the gas tax to a mileage tax.

North Carolina, like the federal government, has seen revenues from the gas tax steadily erode in recent years.  Meanwhile, the cost of construction for transportation projects continues to rise.  Something's gotta give.

There's no indication that the NC General Assembly will enact a 'vehicle miles traveled' fee or tax this year.  But, in early April, a revenue committee of the NC Board of Transportation did discuss the concept, prompting coverage in state media. It's only a matter of time until the state has to grapple in earnest with how to design and launch a mileage tax, whatever it ends up being called.