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Table of Contents

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Updates from the Sedimentation Control Commission

The Sedimentation Control Commission continues to meet quarterly to ensure the effective and efficient implementation of the Sedimentation Pollution Control Act. The remaining meeting dates for 2010 May 20^th, August 19^th and November 30^th. All meetings are scheduled for 10:00a.m. in the Archdale Building Ground Floor Hearing Room and are open to the public. 

The Commission and Land Quality Section Staff continue to place emphasis on the routine monitoring of the 52 erosion and sediment control programs adopted by local governments. Periodic reviews of the local programs are conducted by Staff and recommendations made to the Commission regarding the program status. It is important to continue this effort to ensure consistent enforcement with the applicable laws and regulations, particularly as State and local government budgets become tighter. In addition to the local programs, the Commission recently approved the continued delegated authority to DOT Division of Highways and voted to include the Rail Division and the Turnpike Authority in this program.

The Technical Advisory  Committee continues to meet and evaluate technical issues to be addressed by the Commission. The most significant issue of late has been proposed rules to include in the Sedimentation Pollution Control Act to address the Legislative mandate for Falls Lake Buffer Requirements. 

Land Quality Staff is proposing to amend the Administrative Code to adopt rules for self-inspections that are required by G.S. 113A-54.1(e). This rule will outline in greater detail the requirements of the inspection. In close association with this effort, the Commission has been working with a subcommittee that is recommending to the Legislature that the Sedimentation Pollution Control Act be amended to require qualified personnel to conduct these inspections. Qualified  personnel is being proposed as anyone with any license, certification or certificate or sufficient training, education, and experience that meets guidelines established by the Commission.  PENC has endorsed this effort as our licensure requirements will render Professional Engineers as qualified.

Stay tuned as further updates will follow subsequent meetings. 

Update provided by Joe Glass, PE

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Building Code Council Update

On June 15 the NC Building Code Council will hold the public hearing for the 2012 code changes.  Around May 18 the proposed changes should be posted on the website for all to review.  The items that may be the biggest issues with the most controversy are the new energy code and sprinklers of all new single family residences.  A new nailing schedule has also been approved but there does not appear to be any controversy over it.  The new schedule will now include nail gun nails. A copy of the working document is included for review. 

The new energy code is an attempt to make NC 30% more energy efficient.  This came about when our Governor accepted the challenge (and funding) from the President to make the State more efficient than the rest of the country.  You can review a copy of the working document for the residential code here. 

The sprinkler controversy is due to the adhoc committee not recommending the mandatory sprinkler requirement for single family homes that the ICC did.  There are some special interest groups that have been really pushing for this mandate for several years now and we assume they will show their opposition to the recommendation at the June hearing.

The Council will soon begin work on the Green Construction Code.  If you or someone you know is interested in working on the adhoc committee, please contact Billy Hinton at the Department of Insurance (see his contact info below).  He is compiling the list for approval by the BCC Chairman.  Space is limited and the number of members has not yet been determined.  They plan to start soon at a fast pace with many meeting days, all of which will most likely be in Raleigh due to budget cuts.

For more information on the work of the BCC, please refer to the minutes and agenda at this link:  http://www.ncbuildingcodes.com/ (the June agenda is not yet posted but should be by the middle of May).

Billy Hinton Contact Information:

Billy Hinton, PE
Evaluation Services Section 
NC Department of Insurance 
Engineering Division 
1-919-661-5880  x-239
1-919-662-4414 FAX

Mail address:
NC Department of Insurance 
OSFM
1202 Mail Service Center
Raleigh, NC 27699-1202

Update provided by Steve Knight, PE

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Environmental Management Commission Update

The Environmental Management Commission is a 19 member commission that is responsible for adopting rules for protection, preservation and enhancement of the State’s air and water resources.  This is a very active commission and consequently has a full agenda of action items at each meeting.  Many of the issues that the EMC has considered during 2010 are listed below: 

• Approval to proceed to public hearings for the following air quality rules: 15A NCAC 02D.0530 Prevention of Significant Deterioration; 15A NCAC 02D.0531 Sources in Nonattainment Areas; amendments to a group of Volatile Organic Compound Reasonably Available Control Technology Rules

• Approval to proceed to public hearings for the Proposed Triennial Review Rule Amendments to Surface Water Quality Standards.  (One of the significant amendments is to reduce the water hardness standard from 50 mg/l to 25 mg/l when calculating allowable NC Aquatic Life Standards for Metals.  More discussion of the potential impact of this change can be found in the documents listed on the EMC’s web site.)

• Approved proceeding with round 4 of the Jordan Lake Water Supply Allocation.  Lake Jordan is the only lake in the State in which North Carolina purchased the water supply storage when the Army Corps of Engineers constructed it.  As a result, the EMC has the responsibility to allocate the available safe yield (estimated to be 100 MGD based on a 50 year design) to local governments that apply for an allocation.  This process will take 2 to 7 years depending on whether any of the local governments request an allocation that includes an inter-basin transfer permit.

• Approved proceeding to public hearings for the Proposed Falls Lake Nutrient Strategy.  This strategy proposes significant reduction in the amount of nitrogen and phosphorus that can be discharged into the streams located in the Falls Lake Water Shed.

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EPAC Report

Senator Richard Stevens, (R) serving District 17 in Wake County was the guest speaker at the April 6th Engineer’s Political Action Committee luncheon.  Senator Stevens has served 4 terms in the Senate and is widely regarded as one of the most effective legislators in this chamber, despite being in the minority party.  Senator Steven’s remarks focused primarily on the upcoming session and the significant budget challenges we will face.

• The upcoming May 12 legislative session will be used to craft an amended 2010-11 state budget (the biennial budget was passed last year).  Governor Perdue will reveal her budget proposal next Tuesday, April 20th. The Senate will begin their review of the Governor’s budget when the session convenes and hope to complete their work by May 20th (a very ambitious deadline never seen before) before passing it on to the House. The schedule for completion of the House budget is June 20th at which time budget conferees will be appointed to work out the differences between the two chambers by June 30th.  Budget cuts are inevitable as there is a $750 million shortfall currently projected and no stimulus funds to fill the holes.

• NC toll roads will continue to be a way to fund maintenance and expansion of our roadway network.  The equity formula used to distribute highway funding will, again, be reviewed to determine its effectiveness in meeting our state’s needs – particularly the needs in growing urban areas.   

• Although the state does not have the capacity to take on additional debt if we want to retain the AAA bond rating, there is talk of an infrastructure bond on the Senate side as a way to stimulate job recovery. 

• Match money for the Federal State Revolving Loan programs for both clean water and drinking water are most likely safe from budget cuts as state money is used as match to obtain federal dollars.  However, EPAC members should be vigilant and let legislators know that reductions in the state match results in a greater loss of federal funds.

Senator Stevens expressed his appreciation for EPAC’s support and encouraged continued proactive involvement by members with their legislators to discuss things in their district that are important to them and the engineering profession.

Have something you'd like to say about the Senator's remarks? Visit EPAC's LinkedIn page to voice your opinion.

MARK YOUR CALENDARS - Engineering Day at the Legislature, Tuesday, June 8, 2010.   

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Budget Projections

North Carolina is expected to face a budget shortfall of about $790 million for the next fiscal year, chief legislative economist Barry Boardman told lawmakers Monday. That's an improvement from the up to $1.2 billion deficit that had previously been projected for the upcoming fiscal year starting July 1, on the heels of the record $4.5 billion shortfall last year. In a memo to House and Senate budget writers, Boardman says that because personal income tax and sales tax collections remain below forecasts, the revenue shortfall will likely be $702.9 million in 2010-11. The remaining $85 million of the projected deficit is tied to the expiration of the federal estate tax in January. The federal government will reinstate the estate tax next January, but because it isn't applied in 2010, North Carolina will not collect a state estate tax. In addition to balancing the 2010-11 budget, lawmakers must trim $391 million from the budget for the 2009-10 fiscal year, which ends in June. That deficit is about 2 percent of the $18.9 billion state budget. Previously, the 2009-10 deficit was projected at $500 million. Gov. Beverly Perdue last August ordered up to 5 percent of state agency budgets held back in anticipation of a continued weak economy. That money has been kept in a reserve account and should cover most of the 2009-10 shortfall, officials said.(Bruce Mildwurf, WRAL-TV, 4/12/10).

 

Bridge Closed

The state Department of Transportation abruptly closed a bridge in Rowan and Davidson counties last week over safety concerns. Authorities closed the Wilcox Bridge that takes U.S. 29/70 over the Yadkin River after inspectors found exposed rebar, deteriorating concrete and deep cracks. The bridge carries more than 4,000 vehicles per day. The bridge was inspected Wednesday and closed Thursday, and drivers were given alternate routes. The bridge crosses into Spencer in Rowan County at one end and ties into Interstate 85 south of Lexington in Davidson County at the other. Officials say they don't know how long the almost 90-year-old bridge will be closed.(THE ASSOCIATED PRESS, 4/09/10).

 

Roads Cost Triangle Drivers $1,350 a Year

RALEIGH, N.C. — A national transportation group says drivers in North Carolina's largest urban areas lose $1,350 a year because of lost time and gasoline costs sitting in traffic and because of bumpy pavement or poor safety conditions.

The nonprofit group TRIP released a report Tuesday that uses federal data to show what inadequate roads and bridges mean for drivers in the Triangle, the Triad and Charlotte.

The group says the costs for drivers in Raleigh, Durham and Charlotte are essentially the same, while drivers in Greensboro and Winston-Salem on average face $900 in expenses because there's less congestion in the Triad. Statewide, poor pavement, traffic congestion and other highway problems cost North Carolina drivers $5.7 billion a year, according to the report.

"Our highways and bridges were once the envy of the entire country – not so much anymore," said Marc Finlayson, co-chairman of the North Carolina transportation advocacy group NC Go!

The TRIP report projects a $65 billion shortfall over the next 20 years to adequately plan, design, build and maintain the state’s transportation system. Forty-five percent of Triangle roads are in poor or mediocre condition, according to the report.

"The consequences of not investing in transportation infrastructure are dire," Finlayson said, citing the August 2007 collapse of an interstate bridge in Minneapolis, which killed 13 people and injured scores more.

"Eventually, transportation infrastructure will rise to the surface. I don't want it to rise to the surface because we have a catastrophe," he said  "What we need to do is recognize that we've got a problem (and) address it now before it becomes worse than we care to deal with. I'm confident we will."

In 2008, the traffic fatality rate in North Carolina was higher than the national average, according to the TRIP report. Roadway design was a leading contributing factor in many of the fatal wrecks.

TRIP found that nearly 30 percent of the state's bridges show significant deterioration or don't meet current design standards. State Department of Transportation engineers estimate that 400 bridges a year need to be replaced, but the department has funding for slightly more than 100 projects per year.

"Bottom line – our needs in North Carolina are growing, (but) our revenue stream is not," Transportation Secretary Gene Conti said. "It's critically important we find new and more stable sources of funding."

The study could help state transportation boosters persuade the legislature to approve new ways to raise road construction funds.

Ideas to fund more highway and bridge maintenance include expanding the use of toll roads, increasing the state gas tax and creating a system that charges drivers for the number of miles they drive. Pushing some of the responsibility for road maintenance to the local level is also part of the discussion.

"For local governments, that'll be a hard situation for them to handle," said Paul Meyer, chief legislative counsel for the North Carolina League of Municipalities.

Titan Plant

State regulators have requested that Titan America provide more information on how it plans to control mercury and other pollutants at its proposed plant in New Hanover County. The new request stems from a report a state regulator prepared on the proposed Castle Hayne cement plant and from extensive public comments on North Carolina's proposed pollution limits.The state and New Hanover County have offered $4.5 million in incentives to get Titan America to set up shop in Castle Hayne, creating 160 jobs. But hundreds of people have rallied to kill the plant, which will produce mercury and other pollutants. The state Division of Air Quality has asked the company how it would comply with proposed federal air pollution standards for cement plants. The division also wants for more information on the impacts of mercury in the Northeast Cape Fear River Basin. The Northeast Cape Fear River already has too much mercury, a toxin particularly harmful to young children, and federal rules would prohibit permits allowing more mercury-tainted water into the river.

IIn response, Russell A. Fink, a Titan vice president, reiterated findings in a risk assessment the company provided last year, which said that mercury from the plant is not expected to harm anyone in New Hanover or Pender counties. Fink, in a written response to the state, said the company is not considering any system that would result in more mercury flowing into any state waters. The company is evaluating a number of pollution control methods, Fink wrote, but it would be a bad idea to settle on one when the federal regulations are not final. Geoffrey Gisler, a lawyer with the Southern Environmental Law Center, told the state last week that the lack of specifics in Titan's response should disqualify the company from getting an air permit.

Environmental law groups, represented by the Southern Environmental Law Center and the Duke University environmental law clinic, have sued the state over a state decision that the state Department of Environment and Natural Resources does not need to do a comprehensive environmental study before it allows the company to start construction. On Monday, Superior Court Judge Donald Stephens declined to dismiss motions by the state and company to dismiss the lawsuit, saying he wanted to hear more about the underlying issue of whether a comprehensive review is required. "I'm real uncomfortable with what I've heard so far," Stephens said. "I think I'd like to hear it all."(Lynn Bonner, THE NEWS & OBSERVER, 4/04/10; 4/05/10).

 

Coal Ash

The state largely ignores millions of tons of ash from coal-fired power plants that threatens to contaminate N.C. groundwater, lakes and streams, the N.C. Sierra Club says in a new report. Coal ash, which contains potentially toxic metals, has come under increased scrutiny since a massive spill of ash sludge in Tennessee in late 2008. The Sierra report focuses on the use of dry ash to fill gullies and prepare roadbeds and building sites. More than 800,000 tons of ash was used for so-called structural fill statewide last year, the report says. Those sites don't have to be lined to keep toxic material out of groundwater and aren't regularly checked to find whether they're tainting water. Property deeds often don't show that ash has been dumped, as state law requires.

Ash is known to have contaminated water in Robeson, Nash and Northampton counties, according to state records, the report said. More often, it said, no one looks for contamination. "Wherever the state has looked, there have been problems for the most part," said Molly Diggins, the Sierra Club's state director. Sierra Club recommends in the report that the state monitor groundwater at disposal sites, require ash to be dumped only in lined landfills and hold developers accountable for contamination clean-ups. State scrutiny has increased in recent months, the report says, with violations found at 28 of the 48 sites inspected. Most violations cited a lack of vegetation or soil cover over the ash.

Paul Crissman, chief of the state's solid waste section, said his staff first recognized the need for more oversight of structural fill sites since it began finding violations in the mid-1990s. "It led to our being convinced that the Sierra Club is correct and that we need to make new regulations," he said. State officials haven't yet drafted recommended changes, but Crissman said the Sierra Club's recommendations "look pretty good." A key question in light of state budget problems, he said, is how to pay for additional oversight. The Environmental Protection Agency is weighing tougher coal-ash regulations, including whether to label ash as hazardous waste. That designation would be expected to greatly increase oversight and disposal costs.(THE CHARLOTTE OBSERVER, 4/12/10).