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The Canary Coalition held it's first strategy meeting in Asheville last Thursday night at the French Broad CO-OP's meeting room.  Attendance was disappointing, but important issues were discussed for upcoming activities and events:

 Friday, April 2, "Our Voices Heard -- a Celebration to Reclaim Democracy":  a passionately political mix of poetry, speech, and song.  This program is chock-full of local talent, plus organization tabling and breakout groups to encourage your input and action.  Join us as we "put the party back in politics" at the Unitarian Universalist church on Charlotte Street in Asheville at 6:30 PM.  Free, but, donations appreciated.  For more information: RollingThunder@main.nc.us

The Canary Coalition will have a table at this event

 Thursday, April 22, Earth Day celebration, WCU campus, 10AM-4PM. The Canary Coalition is helping to organize this event.

 Thursday, April 22, Earth Day celebration, City/County Plaza, in Asheville. This event is sponsored by A.S.H.E., the student environmental organization on the campus of UNCA. There will be a Canary booth at this street festival.

 Friday, April 23, Field trip to Buffalo Mountain wind farm coordinated jointly by the Canary Coalition and TVA

 Saturday, April 24, Greening Up the Mountains, Sylva. There will be a Canary booth.

 Monday, July 26-Saturday, July 31, Great Smokies End to End Hike

Paul Wolf has been gathering a team of expert hikers.  We have begun to contact public officials and candidates who may speak at a press conference when the hikers reach the Newfound Gap parking lot on Wednesday, July 28.  Possible speakers include Senator John Edwards, Senatorial candidate Erskine Bowles, and Congressional candidates Patsy Keever and Michael Morgan. 

 Volunteers and participants are needed for all of the above events.  Please reply to this email or call the office, 828-631-3447, if you can help on any of these occasions.

 The Canary Coalition has been meeting with other western North Carolina environmental organizations to develop a unified strategy on air quality issues for the upcoming legislative session that begins on May 10.  Important issues being discussed include:

 -Climate change-

Environmental Defense is recommending the state:

1) develop a voluntary greenhouse gas registry" for industries

2) do a benchmark analysis to see what other states have done to curb greenhouse gas production

3) begin a stakeholder process involving industry, environmental organizations and the gov. agencies.

4) begin the process no later than January 2005

 -Mercury Report Requirements Under the Clean Smokestacks Act

The Clean Smokestacks Act omitted mercury reduction standards at the insistence of the utility industry, but legislators wrote into the law that mercury reductions would be studied and reported on by the Division of Air Quality. The environmental community seems to be unanimous in demanding mandatory mercury reductions in North Carolina.

 -Wind Energy Development

Although the Canary Coalition would like stronger measures to be taken, the environmental community seems ready to agree to ask the General Assembly to conduct a study that would answer the questions:

            1) What is the potential for wind energy to meet part of North Carolina's energy needs?

            2) What would be the economic benefits of large-scale wind energy to rural communities?

            3) What would be the health and environmental benefits of large-scale wind energy in North Carolina?

            4) What was the original intent of the windmill exemption in the Ridge Law?

 - Resolution for supporting existing standards under the Clean Air Act (to NC congressional delegation).

It seems to be unanimous in the environmental community that we should ask for this resolution from the NC General Assembly.

 - Division of Air Quality (DAQ) Reform

This item is being raised by the Canary Coalition.  Although it seems to be agreed upon by the entire environmental community that DAQ is overly influenced by industrial interests and, sometimes, plays an inappropriate role as agents of industry within the government and the regulatory process, there has been, to date, no willingness on the part of other organizations to tackle this issue.  Nonetheless, it is important to pursue. Following is an outline of some of the grievances against DAQ and recommendations by the Canary Coalition for legislative action.

 1. The DAQ has not met its mandate as prescribed by section 10 of the Clean Smokestacks Act that states:

"It is the intent of the General Assembly that the State use all available resources and means, including negotiation, participation in interstate compacts and multistate and interagency agreements, petitions pursuant to 42 U.S.C. § 7426, and litigation to induce other states and entities.. to achieve reductions in emissions of oxides of nitrogen (NOx) and sulfur dioxide (SO2) comparable to those ....as enacted by Section 1 of this act, on a comparable schedule..."

An example of this violation is the DAQ's actively advising the Attorney General not to join the lawsuits against the EPA's NSR changes.  By invoking the Freedom of Information Act the Canary Coalition obtained an internal DAQ document sent to the AG in February, 2003, advising against joining the first lawsuit. This document employed false and misleading information to the AG, including the statement that the Final Rule change would not apply to power plants.  In fact, power plants are the first industry listed in the Federal Registry pertaining to this rule change.  Completely ignoring the state's obligations under Section 10, DAQ also implied that since the Final NSR Rule change would not directly adversely affect the NC Clean Smokestacks Act it was irrelevant to our state and we should not get involved.

2. DAQ is not adhering to its responsibilities to involve public input in the Title V permit application process.
Requested hearings have been consistently denied for public hearings on utility-owned power plant Title V permit applications.  (Every five years all air-polluting industrial facilities must renew their Title V operating permits). Other organizations will doubtless be able to add other industrial facilities to this list, but last year the Canary Coalition joined other organizations in requesting Title V application hearings for the following public utility-owned coal-burning power plants:

Allen Steam Station
Belews Creek Steam Station
Buck Steam Station
Cliffside Steam Station
Dan River Steam Station
Mayo Electric Generating Plant
Riverbend Steam Station
Roxboro Steam Electric Plant

In the beginning of the year DAQ agreed to hold two hearings.  There was one combined hearing for the Mayo and Roxboro plants; and another combined hearing for the Dan River and Belews Creek plants.  Each of these hearings was held in a remote, rural county on a weekday working night.  Publicity for the hearings consisted of a bare-minimum notice in the local newspaper of the rural town where the meeting was held.  Although only a handful of people (outside of utility company reps) were able to attend, speakers were confined to strictly enforced three-minute statements.  All subsequent Title V permit application hearings were denied. DAQ administrator Keith Overcash sited "lack of significant public interest" as the reason for denial.   Former DENR Secretary Bill Holman had committed the DAQ to hold public hearings for Title V permit applications for all 14 utility-owned coal-burning power plants as they came due.  The DAQ has now broken that commitment. Last month I spoke to Bill Holman about this and he agreed that this was true.

3. As the principle state enforcement agency for air quality regulations, administrative positions within DAQ should be filled by advocates for strong environmental rules and regulations.  But, presently, the reverse is true.
As an example of the advocacy of the current DAQ administration, in the 2001-2 legislative sessions the DAQ lobbied for the passage of HB1037, the "Build Without Air Permit Bill".  This piece of legislation, vehemently opposed by virtually the entire environmental community, would have allowed the construction of multi-million dollar industrial facilities to proceed to near completion without first obtaining air quality permits approving the plans for adequate emission control systems.  This is an inappropriate role for the state's principal air quality regulating agency to be playing.  The  DAQ's purpose is to act as a watchdog agency that will safeguard the public's health and the environment.  Its purpose is not to be an advocate for easing the way for industry to by-pass the regulatory process.

Recommendations:
-The General Assembly should conduct an investigation and hold hearings into possible conflicts of interest that exist between industrial interests and administrators within the DAQ.
-the General Assembly should reaffirm Section 10 of the Clean Smokestacks Act and direct DAQ, the AG and all other relevant state agencies to meet responsibilities under that Act.
-The General Assembly should mandate that DAQ open the Title V application process to greater public scrutiny by:
a) being more responsive to requests for public hearings and adhering to commitments made by past administrators.
b) holding public hearings in the most populated areas (major cities) of the state affected by air pollution sources.
c) Widely and comprehensively publicizing the date, time, location and purpose of the public hearings.

 The Canary Coalition is now distributing its new interactive membership cards to all new and renewing members.  The CD card contains a 15 minute PowerPoint presentation, a library of air quality issues and information, printable Canary graphics for iron-on transfers and more.  Please remember to renew your membership if you have not yet done so this year.  You may renew online at www.canarycoalition.org or by mailing your renewal to PO Box 653, Sylva, NC 28779.  Please remember to update us on your contact information.  Thank you.

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