NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 545

SENATE BILL 64

 

 

AN ACT TO AMEND THE NORTH CAROLINA AIR POLLUTION CONTROL LAW TO CONFORM WITH THE CLEAN AIR ACT AMENDMENTS OF 1977.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-215.107 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by adding a new G.S. 143-215.107(a)(7), as follows:

"(7)      To develop and adopt standards and plans necessary to implement programs for the prevention of significant deterioration and for the attainment of air quality standards in nonattainment areas; provided, that the Commission shall adopt no standard which is not made mandatory upon approved State programs by rules, regulations or published guidelines of the United States Environmental Protection Agency or the Federal Clean Air Act."

Sec. 2.  G.S. 143-215.108 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by deleting from line 4 of G.S. 143-215.108(b) the words "of the State."

Sec. 3.  G.S. 143-215.108 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by inserting a new G.S. 143-215.108(b)(8) to read as follows:

"(8)      To prohibit any stationary source within the State from emitting any air pollutant in amounts which will prevent attainment or maintenance by any other state of any national ambient air quality standard, or interfere with measures required to be included in the applicable implementation plan for any other state to prevent deterioration of air quality or protect visibility."

Sec. 4.  G.S. 143-215.114 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by deleting G.S. 143-215.114(a)(l)e and renumbering the next portion of this subsection accordingly.

Sec. 5.  G.S. 143-215.114 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by deleting G.S. 143-215.114(a)(2) and by inserting in lieu thereof the following: "Each day of continuing violation after written notification from the Commission shall be considered a separate offense."

Sec. 6.  G.S. 143-215.114 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by inserting on line 2 of G.S. 143-215.114(a)(3) a comma after the word "violation" and deleting the word "and", and by deleting the period on line 3 of G.S. 143-215.114(a)(3) and adding the words "and the amount of money the violator saved by not having made the necessary expenditures to comply with the appropriate pollution control requirements."

Sec. 7.  G.S. 143-215.112 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by inserting after present G.S. 143-215.112(c)(2)d the words "Any board or body which approves permits or enforcement orders shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under the Federal Clean Air Act and any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers shall be adequately disclosed."

Sec. 8.  G.S. 143-213 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by adding the words "(17) The term 'Federal Clean Air Act' refers to the Clean Air Act, 42 U.S.C. 7401 et seq.," to be included as G.S. 143-213(17) without deleting existing language and renumbering accordingly.

Sec. 9.  G.S. 143-213 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by adding the words "(19) The term 'nonattainment area' refers to an area which is shown to exceed any national ambient air quality standard for such pollutant" to be included as G.S. 143-213(20) without deleting existing language and renumbering accordingly.

Sec. 10.  G.S. 143-213 as the same appears in the 1978 Replacement Volume 3C of the General Statutes is hereby amended by adding the words "(20) The term 'prevention of significant deterioration' refers to the statutory and regulatory requirements arising from the Federal Clean Air Act designed to prevent the significant deterioration of air quality in areas with air quality better than required by the national ambient air quality standards" to be included as G.S. 143-213(21) without deleting existing language and renumbering accordingly.

Sec. 11.  This act shall become effective on July 1, 1979.

In the General Assembly read three times and ratified, this the 11th day of May, 1979.