December 22, 1999
Letters to the Utilities
December 22, 1999
Mr. W.A. Coley
Duke Power
Charlotte, NC 28201-1006
Re: Reduction of nitrogen oxides from power plants
Dear Mr. Coley:
Thank you for your letter of November 24, 1999, regarding Governor Hunt's Clean Air Plan and draft rules to implement his plan.
The Department of Environment and Natural Resources (DENR) has been meeting to discuss strategies to reduce emissions of nitrogen oxides from power plants and mobile sources for over a year with Duke Power, Carolina Power & Light Company, other industries, environmentalists, and public health organizations. We believe our discussions have been informative and productive and should continue.
Governor Hunt and DENR respectively disagree with you that the State should delay protecting public health and substantially reducing NOx emissions from power plants because of legal wrangling in the federal courts over the Environment Protection Agency's (EPA) eight-hour standard for ozone. As you know, the federal Court of Appeals did not take issue with the science on which EPA relied to set the health-based standard for ozone.
Governor Hunt and DENR support North Carolina's health-based 8-hour standard for ozone independently adopted by the Environmental Management Commission (EMC). Governor Hunt and DENR continue to support interim steps to reduce emissions from both mobile and power plant sources to protect public health.
DENR appreciates Duke Power's offer to reduce NOx emissions from its coal-fired power plants by more than what is required by Title IV of the federal Clean Air Act. DENR and Duke apparently agree that interim measures to reduce NOx emissions are appropriate but disagree on the amount of reduction.
DENR respectively urges Duke to move forward to begin to reduce its NOx emissions by 30% this year before the 2000 ozone season begins in April and that Duke work with DENR and EMC to obtain credits for early reductions. DENR believes North Carolinians, particularly children, asthmatics and elderly, would greatly appreciate early reductions from power plants.
DENR will present a draft Clean Air Plan to EMC's Air Quality Committee (AQC) in January. DENR has asked the committee to provide an opportunity to not only DENR, but also utilities, environmentalists and public health organizations, to present their recommendations.
DENR, with concurrence of EMC, would support taking, for review and comments, 3 draft rules to public hearing this spring:
- Governor Hunt's proposal
- Utilities proposal, and
- Environmental organizations proposal
Please advise DENR and EMC if Duke would like to present its proposal and a draft rule to EMC's AQC in January and would like for it to be considered in public hearings this spring.
DENR will soon make a recommendation to Governor Hunt on whether to support, conditionally support, oppose or conditionally oppose EPA's recent approval of Section 126 petitions from northeastern states. Please let DENR know your recommendations.
DENR values our working relationship with Duke. We look forward to continued discussions with Duke and others, as we develop policies and rules to protect public health and the environment and to reduce emissions of NOx, sulfur oxides, fine particles, mercury, and other pollutants from coal-fired plants.
Thank you for your consideration.
Sincerely,
Bill Holman
cc: EMC Members
Dan McLawhorn
Alan Klimek
Mr. Lloyd Yates, CP&L
December 22, 1999
Mr. Lloyd M. Yates
Carolina Power & Light Company
PO Box 1551
Raleigh, NC 27602
Re: Reduction of nitrogen oxides from power plants
Dear Mr. Yates:
Thank you for your letter of December 1, 1999, regarding Governor Hunt's Clean Air Plan and draft rules to implement his plan.
The Department of Environment and Natural Resources (DENR) has been meeting to discuss strategies to reduce emissions of nitrogen oxides from power plants and mobile sources for over a year with Carolina Power & Light Company, Duke Power, other industries, environmentalists, and public health organizations. We believe our discussions have been informative and productive and should continue.
Governor Hunt and DENR respectively disagree with you that the State should delay protecting public health and substantially reducing NOx emissions from power plants because of legal wrangling in the federal courts over the Environment Protection Agency's (EPA) eight-hour standard for ozone. As you know, the federal Court of Appeals did not take issue with the science on which EPA relied to set the health-based standard for ozone.
Governor Hunt and DENR support North Carolina's health-based 8-hour standard for ozone independently
adopted by the Environmental Management Commission (EMC). Governor Hunt and DENR continue to support
interim steps to reduce emissions from both mobile and power plant sources to protect public health.
DENR appreciates CP&L's offer to reduce NOx emissions from its coal-fired power plants by more than what is required by Title IV of the federal Clean Air Act. DENR and CP&L apparently agree that interim measures to reduce NOx emissions are appropriate but disagree on the amount of reduction.
DENR respectively urges CP&L to move forward to begin to reduce its NOx emissions by 30% this year before the 2000 ozone season begins in April and that Duke work with DENR and EMC to obtain credits for early reductions. DENR believes North Carolinians, particularly children, asthmatics and elderly, would greatly appreciate early reductions from power plants.
DENR will present a draft Clean Air Plan to EMC's Air Quality Committee (AQC) in January. DENR has asked the committee to provide an opportunity to not only DENR, but also utilities, environmentalists and public health organizations, to present their recommendations.
DENR, with concurrence of EMC, would support taking, for review and comments, 3 draft rules to public hearing this spring:
- Governor Hunt's proposal
- Utilities proposal, and
- Environmental organizations proposal
Please advise DENR and EMC if CP&L would like to present its proposal and a draft rule to EMC's AQC in January and would like for it to be considered in public hearings this spring.
DENR will soon make a recommendation to Governor Hunt on whether to support, conditionally support, oppose or conditionally oppose EPA's recent approval of Section 126 petitions from northeastern states. Please let DENR know your recommendations.
DENR values our working relationship with CP&L. We look forward to continued discussions with CP&L and others, as we develop policies and rules to protect public health and the environment and to reduce emissions of NOx, sulfur oxides, fine particles, mercury, and other pollutants from coal-fired plants.
Thank you for your consideration.
Sincerely,
Bill Holman
cc: EMC Members
Dan McLawhorn
Alan Klimek
Mr. William A. Coley, Duke Power
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