A BILL TO BE ENTITLED
AN ACT TO impose a moratorium on the consideration of Permit applications and issuance of permits for the construction and operation of CEMEnt plants in the state until September 1, 2010, and to direct the environmental review commission to study issues related to the environmental impacts of cement plants and the siting, design, and operational requirements governing cement plants in order to protect public health and the environment.
Whereas, it is declared to be the public policy of this State to provide for the conservation of its water and air resources; and
Whereas, it is the intent of the General Assembly to achieve and maintain a total environment of superior quality for the citizens of the State; and
Whereas, recognizing that the water and air resources of the State belong to the people, the General Assembly has affirmed the State's ultimate responsibility for the preservation and development of these resources in the best interest of all its citizens and has declared the prudent utilization of these resources to be essential to the general welfare; and
Whereas, cement plants emit pollutants injurious to the environment and human health such as sulfur dioxide, nitrogen oxide, volatile organics, particulate matter, and hazardous air pollutants including dioxins, furans, and mercury; and
Whereas, mercury, which is generated from the raw materials and some fuels used in cement‑making, is a toxic metal that can damage the brain and nervous system; and
Whereas, mercury emissions are converted to the highly toxic form of methylmercury in surface waters; and
Whereas, mercury bioaccumulates in fish, which makes siting of facilities with high mercury emissions near public water bodies and in coastal areas of particular concern; and
Whereas, consumption advisories for 17 species of ocean fish and eight species of freshwater fish have been issued for sensitive populations such as pregnant and nursing women and children under the age of 15, based on the high level of mercury these fish contain and the potential damaging health effects that may be suffered by these sensitive populations from exposure to high levels of mercury; and
Whereas, section 303(d) of the federal Clean Water Act (CWA) requires states to develop a list of waters not meeting water quality standards or that have impaired uses, which waters must be prioritized, and a management strategy or total maximum daily load (TMDL) must subsequently be developed for all listed waters; and at least 49 segments of water bodies in the State (assessment units) are included on the State's 303(d) list of impaired waters as a result of fish advisories due to mercury; and
Whereas, in 2007 the United States Environmental Protection Agency (USEPA) initiated a process to collect data from cement kiln companies pertaining to mercury content of all kiln inputs and the results of any mercury tests that had been performed on cement kilns at these facilities at any time. USEPA asserted that it would take until mid‑September 2008 to analyze the data, determine the floor levels for emissions limitations, determine whether to propose more stringent beyond‑the‑floor emission limitations, and issue a proposed rule for public comment; and
Whereas, in January 2009 the USEPA noticed a proposed settlement agreement between the USEPA, several environmental groups, the Portland Cement Association, and the States of New York, Connecticut, Illinois, Maryland, Michigan, New Jersey, and the Commonwealths of Massachusetts and Pennsylvania wherein USEPA agreed to take action to establish new mercury emissions limitations from new and existing Portland cement kilns, with a notice taking final administrative action concerning the proposed rule making to be signed by the USEPA Administrator no later than March 31, 2010; and
Whereas, adequate data on mercury emissions from cement plants and conclusion of USEPA's final administrative action to establish new emissions limitations for these facilities are essential to an informed consideration of issues concerning the proper siting, design, and operation of cement plants in the State; and
Whereas, improperly sited, designed, or operated cement plants have the potential to cause serious environmental damage, including air and surface water contamination, and threaten human health; and
Whereas, it is essential that the State study the siting, design, and operational requirements for cement plants near schools and other places where children regularly congregate as children are thought to be more vulnerable to environmental exposures than adults given that their bodily systems are still developing, and for other reasons; and
Whereas, it is essential that the State study the siting, design, and operational requirements for cement plants in environmentally sensitive areas with nearby waterbodies in order to protect public health and the environment; and
Whereas, it is essential for the protection of public health and the environment to conduct an environmental review of the primary, secondary, and cumulative impacts of cement plants to ensure both air and water quality issues are considered together prior to the issuance of any permits;  Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Moratorium Established. – There is hereby established a moratorium on consideration of applications for permits and on the issuance of permits for cement plants for construction and operation in the State.  The purpose of this moratorium is to allow the State to study the environmental impacts of cement plants in order to protect public health and the environment. The Department of Environment and Natural Resources shall not consider a permit application nor issue a permit for a cement plant for the period beginning on the date this act becomes law until September 1, 2010.
SECTION 2.(a)  Study. – The Environmental Review Commission, with the assistance of the Department of Environment and Natural Resources, shall study issues related to cement plants.  In conducting this study, the Commission shall consider the findings of any environmental impact statements conducted pursuant to the State Environmental Policy Act and the National Environmental Policy Act for cement plants proposed to be sited in the State.  The Commission shall specifically study issues concerning:
(1)	Impacts of mercury and all other pollutants emitted from cement plants on public health in nearby communities, with particular attention to the potential impacts on children's health in schools located in close proximity to cement plants.
(2)	Impacts of accumulations of mercury and other dangerous chemicals in surface waters and aquatic life, and atmospheric deposition of air pollutants upon surface waters and land.
(3)	Impacts of cement plants on regional groundwater and drinking water supplies, including the potential for saltwater intrusion into coastal aquifers.
(4)	Impacts of cement facility operations on nearby communities, including, but not limited to: (i) impacts on local and regional traffic patterns and infrastructure; and (ii) cumulative impacts of cement plants and other heavy industry to regional tourism, commercial and residential development, and recreational activities such as hunting and fishing.
(5)	Siting, design, and operational requirements for cement plants that are proposed for construction and operation in close proximity to schools, communities, public lands and waters, and other environmentally sensitive areas.
(6)	The advisability of requiring the Department to: (i) conduct a study, which meets all of the requirements set forth in G.S. 113A‑4 and rules adopted pursuant to G.S. 113A‑4, of the environmental impacts of all proposed cement plants; and (ii) consider the study of environmental impacts and any mitigation measures proposed by an applicant in deciding whether to issue or deny a permit for a cement plant.
SECTION 2.(b)  Subcommittee. – In order to facilitate the conduct of this study, the cochairs of the Environmental Review Commission may establish a subcommittee of the Commission.  The subcommittee of the Commission may include nonlegislative members who have special knowledge, interest, or expertise in various aspects of cement plants, such as air toxics, atmospheric deposition of airborne pollutants, land conservation, public health, and hydrology, appointed in consultation with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
SECTION 2.(c)  Report. – The Commission shall report its findings, together with any recommended legislation, to the 2010 Regular Session of the General Assembly upon its convening.
SECTION 3.  This act is effective when it becomes law.