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Restriction on EMC Rulemaking Authority

Our Position: oppose
Bill Number: S396
Sponsor: Sen. David Hoyle (D-Gaston)
Legislative Session: 2007

This bill prohibits the Environmental Management Commission from adopting rules that make a permit or approval conditional on something that is outside the authority of the permit applicant.   We are concerned that the practical effect of the bill would be to:

v     Undermine the authority vested in the EMC and DENR “to administer a complete program of water and air conservation” by limiting its authority to impose conditions adequate to protect water and air quality.

v      Interfere with DENR and the EMC’s federal obligations to meet water and air quality standards, thereby jeopardizing the ability to continue to administer the federal programs.

v     Undermine DENR’s duty to take cumulative and secondary impacts into consideration in issuing permits.

v     Invite increased numbers of legal challenges to every permit program currently authorized by statute and rule that is administered by the EMC and DENR. 

In addition, established mechanisms are already in place through the Administrative Procedures Act to challenge a permit decision.  It’s unclear what problem SB 396 is intended to solve.

SB 396’s sweeping and vague language and introduction of judicial standards into the permitting process would create disruption and confusion and undermine DENR and the EMC’s ability to carry out state and federal obligations. 

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