Top Banner
Let’s Advocate for Clean Air! How you can work with North Carolina state and local governments to protect the air we breathe
49

Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

Apr 15, 2020

Download

Documents

dariahiddleston
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

Let’s Advocate for Clean Air! How you can work with North Carolina state and local

governments to protect the air we breathe

Page 2: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

Let’s Advocate for Clean Air!

About Clean Air Carolina Clean Air Carolina envisions a future in which residents understand the connection between clean air and physical health and are working to ensure North Carolina’s air quality meets or exceeds science-based air quality standards that protect public, environmental, and economic health. Founded in 2003 by a group of passionate volunteers determined to improve the quality of Mecklenburg County’s air, Clean Air Carolina now champions a statewide initiative to raise North Carolina’s air quality to meet or exceed that of scientific recommendations. Energized by the research-proven fact that even the smallest air pollutants are toxic to our health, and by the urgency of pollution-induced climate change, we are a team driven to advance our mission: To ensure cleaner air quality for all North Carolinians through education and advocacy and by working with our partners to reduce sources of pollution. For information about Clean Air Carolina’s programs and advocacy action opportunities, please visit http://cleanaircarolina.org/ Let’s Advocate for Clean Air! Researchers, Writers, and Editors June Blotnick Kayla Clark Yan Jin, MSEE Terry Lansdell Laura Wenzel We are pleased to offer Let’s Advocate for Clean Air! How you can work with North Carolina state and local governments to protect the air we breathe, 2017.0 edition. We hope you will join with us and become engaged in the important work of clean air advocacy. Let’s get started!

Page 3: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

Let’s Advocate for Clean Air!

TABLE OF CONTENTS Introduction: What Is Advocacy? Chapter 1: Understanding Air Quality Page 2

Air Quality Fundamentals Measuring Air Pollution

Chapter 2: Air Quality Decision-Making Page 5

Who Makes Air Policy Decisions in North Carolina? Page 5 Federal Government NC General Assembly NC Department of Environmental Quality Regional and Local Air Quality Agencies Municipal and County Boards and Commissions

How Air Policy Decisions Are Made? Page 8 Federal Laws and Rules – Congress and the EPA State Laws – General Assembly State Rules -- NC Division of Air Quality What if I disapprove of a proposed rule? How Individual Facilities Decisions Are Made Page 11 Permitting How do I submit a complaint about a facility’s emissions? Zoning How can I report a zoning violation?

Chapter 3: How to Advocate Page 19

Effective Communication Strategies Page 19 Media Advocacy Page 20 Writing a Letter to the Editor Writing an Op-Ed Piece Editorial Meetings Press Conferences

Page 4: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

Let’s Advocate for Clean Air!

Policy-Maker Advocacy Page 24 Learning about your representatives Letter Writing Phone Meetings Face-to-Face Meetings Dos and Don’ts for Meeting with Your Representatives

Board and Commission Advocacy Page 28 Determining which boards and commissions are relevant Testifying at Public Meetings Serving on boards and commissions

Conclusion Page 31

Appendices Page 32 Appendix 1. Rules Review Bodies Appendix 2: Challenging a Title V Permit after It Becomes Final Appendix 3: Materials for the Media Appendix 4: Letters to elected officials Appendix 5: How to structure a press conference Appendix 6: EPA Tools for Understanding Air Quality

Page 5: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

1 Let’s Advocate for Clean Air! Table of Contents

Introduction: What is advocacy? Advocacy is the public promotion of a particular cause or policy. Individuals and organizations who advocate work to raise awareness among the public and policy-makers about issues they care about, with the goal of influencing those who make policies to bring the changes we want to see. Anyone can be an advocate.

Advocacy is an essential practice in a democracy. Policy-makers cannot be experts on every issue, and rely on advocates to educate them about issues and concerns. Although there are many government bodies and organizations that people could seek help from, there can be a gap between these service providers and the people who need the service. Through advocacy, people are able to make their voice heard and safeguard their rights.

Air Pollution is a health and justice issue. Air pollution can cause or worsen cardiovascular and respiratory diseases and other health problems, and is the cause of climate change. The impacts of air pollution are worse for certain minority communities and people with fewer financial resources. By advocating for strong air pollution policies, you are also advocating for policy that is good for human and environmental health and social justice.

Advocacy can influence air quality in three arenas: policymaking, permitting and zoning. This Guide reviews the procedures for making an impact through the following methods:

Media Advocacy – using mass media such as newspapers and radio to promote a cause to the public through means such as letters to the editor and press conferences. Decision-Maker Advocacy – communicating with elected representatives, either in-person or via email, phone calls and mail. Board and Commission Advocacy – communicating with, and serving on, boards of governmental bodies, ranging from state level commissions to municipal citizen advisory committees.

Advocacy is most effective when many people speak with a unified voice. This is where organizations like Clean Air Carolina come in. Clean Air Carolina can help you research the issue, develop your message, identify targets, and speak out as a group. Be sure to contact Clean Air Carolina with your ideas, plans and needs, so we can help you be as effective as possible!

“Advocacy is an important part of public voice. It can’t just be advocates, can’t just be regulators, can’t just be legislators. It takes all of us working together to make sure that the citizens are safe.” Robin Barrows, Supervisor of the NC Air Awareness program, NC Department of Environmental Quality.

Page 6: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

2 Let’s Advocate for Clean Air! Table of Contents

Chapter 1: Understanding Air Quality Air quality policy is based on technology that measures air pollution and research that identifies the adverse effects of air pollution (and the benefits of controlling it). This section will provide some background on what pollutants are currently regulated. It is important to keep in mind that ongoing research and technology developments may identify pollutants or impacts that we are not currently aware of, and standards and practices may need to be updated in order to take into account these new findings as they occur.

AIR QUALITY FUNDAMENTALSThe US Environmental Protection Agency (EPA) is responsible for protecting and improving the nation’s air quality and the stratospheric ozone layer from our polluting activities. In the United States, the four primary sources of air pollution emissions are:

● Mobile sources - highway vehicles and non-road mobile sources (such as recreationaland construction equipment, marine vessels, aircraft and locomotives).

● Stationary sources or point sources -- electric utilities and industrial boilers, industrialand other processes (such as metal smelters, petroleum refineries and cement kilns).

● Area sources – agricultural areas, cities, wood-burning stoves● Natural sources – wind-blown dust, wildfires, volcanoes

For information about pollution sources and trends, see the EPA Air Quality Trend Annual Report: https://gispub.epa.gov/air/trendsreport/2016/.

The Clean Air Act is the law that defines the EPA’s responsibilities. It sets limits for six common air pollutants, also known as “criteria pollutants”, called the National Ambient Air Quality Standards, or NAAQS.

Criteria Air Pollutants are: ● Ground Level Ozone● Particulate Matter (PM)● Carbon Monoxide● Lead● Sulfur Dioxide● Nitrogen Dioxide

The Clean Air Act also sets limits for air toxics (called Hazardous Air Pollutants, or HAPs), and emissions from mobile sources. North Carolina regulates an additional 21 Toxic Air Pollutants (TAPs) in its Air Toxics program.

Page 7: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

3 Let’s Advocate for Clean Air! Table of Contents

Greenhouse gasses, which cause climate change, include Carbon Dioxide, Nitrous Oxide and Methane. The determination of whether the Clean Air Act allows the EPA to regulate greenhouse gasses is the subject of a court case.

For more information about the Clean Air Act, visit https://www.epa.gov/clean-air-act-overview and https://www.epa.gov/clean-air-act-overview/plain-english-guide-clean-air-act

MEASURING AIR QUALITYIn addition to the monitors that are required at permitted facilities, the Clean Air Act requires every state to establish a network of air monitoring stations for criteria pollutants. The NC Division of Air Quality (DAQ) maintains these monitors and additional monitors that it deems necessary to maintain air quality. A law passed by the NC General Assembly in 2016 requires that the NC DAQ annually justify the monitors not required by the EPA.

● To view data from monitors maintained by NC DAQ, visithttps://deq.nc.gov/about/divisions/air-quality/air-quality-monitoring

● To view the NC DAQ monitoring network plan, visithttps://deq.nc.gov/about/divisions/air-quality/air-quality-data/annual-network-plan

● NC Air Quality Forecasts and Reports https://deq.nc.gov/about/divisions/air-quality/air-quality-data

Page 8: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

4 Let’s Advocate for Clean Air! Table of Contents

Point sources are facilities that have permits to emit criteria pollutants or air toxics. These facilities report their annual emissions to the DAQ. The Point Source Emissions Tool maps where different pollutants are emitted across the state: https://deq.nc.gov/about/divisions/air-quality/air-quality-data/point-source-emissions

A comparison of fine particulate matter (PM2.5) in NC counties in 2015 from the Point Source Emissions Tool.

The EPA has created a number of interactive tools that use the data from monitors and modeling techniques to help understand the major sources of emissions, visualize air quality, compare air quality in different areas, and understand the potential impact on vulnerable populations. These tools are discussed in detail in the Appendix.

Page 9: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

5 Let’s Advocate for Clean Air! Table of Contents

Chapter 2: Air Quality Decision-Making With our modern consumer lifestyle of extracting and burning fossil fuels and constantly formulating new chemicals, we must pay attention to how we are impacting air quality. Most air quality regulations, unfortunately, are developed after air quality has suffered. This presents the challenge of cleaning up what’s already polluted and creating regulations that will prevent further pollution. The devil truly is in the details, and this section attempts to provide an understanding of the complex regulatory structures and processes that protect our air.

WHO MAKES AIR QUALITY DECISIONSAll state and local air policies must be in accordance with federal policies, most of which come from the US Environmental Protection Agency (EPA), which creates rules and regulations that comply with the federal Clean Air Act and other laws passed by Congress. No state rule can be weaker than an EPA rule. State rules can be stronger than EPA rules, however. Air policy in North Carolina is created by several entities:

A. Federal GovernmentThe federal government -- Congress, the President, and federal agencies -- pass laws and writerules that cover every state. Generally, the rules are the same for every state. In some cases,however, the agency will write rules that take into account the different resources and needs indifferent states. The federal agency that Clean Air Carolina works with most closely is theEnvironmental Protection Agency (EPA).

B. NC General Assembly (NCGA)The NCGA is made up of two chambers: a House of Representatives and a Senate. The Househas 120 members and is led by the Speaker. The Senate has 50 members and is led by thePresident Pro-Tempore. North Carolina voters elect members of both chambers every twoyears. Generally, the NCGA meets for a long session (6+ months) in odd-numbered years and ashort session (6+ weeks) in even-numbered years.Website: http://www.ncleg.net/

C. The NC Department of Environmental Quality (DEQ)The DEQ is a cabinet-level department whose secretary is appointed by the governor. Withinthe DEQ are three entities of particular interest to air quality advocates:

● the staff-led Division of Air Quality (DAQ)● the appointed Environmental Management Commission (EMC), which includes an Air

Quality Committee● the appointed Science Advisory Board

Page 10: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

6 Let’s Advocate for Clean Air! Table of Contents

The Division of Air Quality (DAQ) operates a statewide air quality monitoring network, develops and implements plans to meet air quality initiatives, ensures compliance with air quality rules, and educates the public regarding air quality issues.

The Environmental Management Commission (EMC) is a 15-member Commission appointed by the governor and the NCGA. It oversees and adopts rules for several divisions of the Department of Environmental Quality (DEQ), including the Air Quality division. The EMC Chair appoints a subset of EMC members to serve on the Air Quality Committee (AQC), to focus on adopting rules for the state’s air resources. The AQC and EMC generally meet bi-monthly on consecutive days in the Archdale Building at 512 N. Salisbury St., Raleigh. Meetings are open to the public and broadcast as a webinar via links provided on the EMC webpage.

The NC Science Advisory Board (NCSAB) assesses potential human health effects associated with NC Toxic Air Pollutants (TAPS) and recommends a range of acceptable ambient levels (AALs) likely to safeguard against adverse health effects. The DEQ appoints the SAB. The SAB advises the Environmental Management Commission and the Division of Air Quality. The SAB usually meets bi-monthly by teleconference. These meetings are open to the public.

Resources: ● Division of Air Quality http://deq.nc.gov/about/divisions/air-quality/

● Environmental Management Commission (web link, schedules, agendas and minutes)http://portal.ncdenr.org/web/emc/

● EMC Air Quality Committee https://deq.nc.gov/about/divisions/air-quality/air-quality-rules/air-quality-committee

● Science Advisory Board https://deq.nc.gov/about/divisions/air-quality/science-advisory-board-toxic-air-pollutants

If you are experiencing difficulty locating information on the DEQ website, please contact Clean Air Carolina for assistance.

D. Regional and Local Air Quality AgenciesThe Division of Air Quality develops regulations for 97 NC counties and enforces them throughseven regional offices, which are based in Asheville, Mooresville, Winston-Salem, Raleigh,Fayetteville, Wilmington and Washington. Three North Carolina counties – Buncombe, Forsythand Mecklenburg – have local air quality agencies that enforce federal, state and localregulations for protecting air quality. These regional offices and local programs also operate airmonitoring equipment, perform inspections, enforce air quality regulations and issue permitsfor facilities.

Page 11: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

7 Let’s Advocate for Clean Air! Table of Contents

Resources: ● NC DEQ Regional Offices: http://deq.nc.gov/about/divisions/air-quality/regional-offices

● Western NC Regional Air Quality Agency:http://www.buncombecounty.org/Governing/Depts/wncair/default.aspx

● Mecklenburg Air Quality Agency:http://charmeck.org/mecklenburg/county/LUESA/AirQuality/Pages/default.aspx

● Forsyth County Office of Environmental Assistance and Protection:http://forsyth.cc/EAP/

E. Municipal and County Boards and CommissionsSchool boards, municipal councils and county commissions, along with their citizen committees,do not make air quality rules per se. However, they can approve permits and pass policies, suchas zoning rules, requirements for energy-efficiency in new buildings, and mass transit initiatives,which can impact air quality. Municipal and county governments have some flexibility in thetypes of citizen committees they allow and the process for approving rules. Generally,information about citizen committees (for example, planning board, transportation advisoryboard) is available on the government website, and information about the rules approvalprocess can be obtained from the government clerk office.

Page 12: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

8 Let’s Advocate for Clean Air! Table of Contents

HOW AIR POLICY DECISIONS ARE MADEIt’s important to pay attention to all levels of government. The more local the rulemaking body, the smaller the number of people its rules enforce. But sometimes, the more local the rule, the more impact it has on day to day life. For example, a federal rule may set limits on the amount of air toxics a factory can emit, while a local government will decide in which part of town that factory will be located. In many instances, it’s easier and more effective to try to influence local bodies of government than statewide or national governments. National causes may generate hundreds or thousands of calls or petition-signers directed at Congress, but have less effect than a dozen people advocating for a cause at city council. Here are the processes for policy-making at the different levels of government:

A. Federal Laws and Rules: Laws passed by US Congress and rules created by the EPA Congress passes laws regarding air pollution. After Congress passes a law and the President signs it (or Congress overrides a presidential veto), it falls to the EPA and other government agencies to write the rules and regulations on how the law will be implemented and enforced.

The Clean Air Act, originally passed in 1970 and amended several times since then, is the law that created the US Environmental Protection Agency (EPA) with its responsibilities for protecting and improving the nation’s air quality and the stratospheric ozone layer from our polluting activities.

If the EPA (or other agency) determines a regulation is necessary, it will publish a proposal in the Federal Register so that members of the public can consider it and send their comments to the agency. The agency considers the comments and issues a final rule. For more information about the EPA’s rulemaking process and how to get involved, visit https://www.epa.gov/laws-regulations/basics-regulatory-process

B. State Laws - Laws created by the NC General AssemblyMost frequently, legislation is introduced during the long session (odd-numbered years), and the short session (even-numbered years) is for tying up loose ends. However, there are exceptions and the governor can call a special session to introduce and pass legislation.

Legislation is typically introduced in one chamber by a member. The leader generally refers it to at least one committee. Committee meetings are open to the public. When the leader determines that the legislation has passed through the committee process, they can allow it to come to the chamber floor for a vote. If the legislation passes in one chamber, it is sent to the other chamber for the same process. If the other chamber significantly changes the legislation, the leaders appoint a conference committee to reconcile the two bills and reintroduce the

Page 13: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

9 Let’s Advocate for Clean Air! Table of Contents

legislation. This conference committee makes decisions behind closed doors. When the NCGA passes a law, it goes to the governor to be signed or vetoed. If the governor vetoes a law, the NCGA has the option to vote to override the veto.

An important date to be aware of is the “crossover” date. This is the date by which any legislation that has been introduced must have passed one chamber in order to continue to be in play. This crossover restriction does not apply to legislation that has a budget impact. Bill filing deadlines and “crossover” dates can be viewed at http://www.ncleg.net/

Once a law is passed that affects air quality, it goes to the Department of Environmental Quality (DEQ), where staff at the Division of Air Quality write the rule for how the law will be implemented and enforced. See the following section, Rules Created by the NC Division of Air Quality, for details on this process.

C. Rules created by the NC Division of Air QualityWhen the EPA promulgates an air quality rule or the NCGA passes an air quality law, the NCDivision of Air Quality (DAQ) and the Local Air Quality Agencies must create a rule for state orlocal enforcement. Here is the DAQ process for creating rules in the 97 counties administeredthrough the regional offices:

1. The Division of Air Quality staff propose the rule and sends the proposal to theappointed Environmental Management Commission (EMC).

2. EMC members discuss the rule and decide whether or not to hold public hearingsdepending on the rule’s impacts. Once the EMC approves the rule, the NC DEQ submits

Page 14: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

10 Let’s Advocate for Clean Air! Table of Contents

the rule, all comments it has received and its response to the Rules Review Commission (RRC), which is appointed by the General Assembly.

3. The RRC determines if NC DEQ has appropriately created the rule. The RRC then submitsa report to the Administrative Procedure Oversight (APO) Committee, which is made upof elected members of the NC General Assembly.

4. The APO has 60 days to review the final report. If the APO Committee takes no action in60 days, the rule becomes effective. If the APO Committee disagrees with a rule, it mayrecommend the General Assembly direct DEQ to review the rule.

5. Once a rule becomes effective, the regional agencies implement it across the state.The NC DAQ conducts a review of the agency’s existing rules at least once every 10 years in accordance with the same process of creating the rules (Steps 2-4). Additional information about the Rules Review Committee and the Administrative Procedure Oversight Committee is in the Appendix.

● Air Quality Rules in Draft or Hearing Process https://deq.nc.gov/about/divisions/air-quality/air-quality-rules

What if I disapprove of a rule the Division of Air Quality proposes? If you disapprove of a rule that has been submitted to the Rules Review Commission, you can request the legislature to review the rule. At least 10 or more people must submit written and signed objections to the RRC by 5pm on the day following the day the RRC approves the rule.

D. Rules Created by Local Air Quality AgenciesGenerally, the three local air quality agencies simply adopt the state rules, and when the staterules change, the local rule changes. There can be some rule changes while adopting the staterules. For example, in order to avoid wildfires in counties with significant forests, local openburning rules may be stricter than state rules. The local air quality agency board mustunanimously pass any rule that is stronger than the state rule. The local air quality agencyboard members discuss rule changes, decide whether to hold a public hearing, and vote on theproposed rule changes. Any rule changes the committee passes are sent to the county/citycommission for review. If the county/city commission approves the change, the rule (also calledan ordinance) will be enforced in this county/city.

Page 15: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

11 Let’s Advocate for Clean Air! Table of Contents

HOW INDIVIDUAL FACILITIES DECISIONS ARE MADE

A. PermittingPermits are one of the primary tools that regulators use for protecting air quality and ensuring that industrial and commercial polluters comply with state and federal air pollution laws. Air quality permits specify what types of pollution control equipment facilities are required to have in place, and how much of any particular pollutant they can emit.

The NC Department of Environmental Quality, local air quality agencies, and EPA Region 4 share responsibility for permitting under the Clean Air Act. North Carolina has four permitting agencies: the NC Division of Air Quality and the three local air quality agencies. Before issuing, renewing or significantly revising a permit, the permitting agency must provide the public with the opportunity for review and input during a notification and comment period, which may include a public hearing. Advocates can request a public hearing on the draft permit any time before the end of the 30-day public comment period. If the permitting authority holds a public hearing, the permitting authority must provide at least 30 days’ notice.

The two basic categories for permits under the Clean Air Act are Title V and Non-Title V or Synthetic Minor permits.

1. Title V PermitsTitle V of the Clean Air Act requires the largest sources of air pollutants, and certain other sources, to obtain and operate in compliance with an operating permit. These facilities have the potential to emit more than 100 tons per year of a single criteria air pollutant, more than 10 tons per year of a single hazardous air pollutant, or more than 25 tons per year of a combination of hazardous air pollutants. These facilities must certify compliance with their permits at least annually.

For information on challenging a Title V permit after it becomes final, please see the Appendix.

2. Synthetic Minor (Non-Title V) FacilitiesSynthetic Minor (Non-Title V) facilities are those that have uncontrolled potential emissions of less than 100 tons per year of criteria pollutants and less than ten tons per year of any individual hazardous air pollutant (HAP) and less than 25 tons per year of any combination of hazardous air pollutants. The DAQ regional offices administer the Synthetic Minor permits of the facilities in their jurisdiction.

Page 16: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

12 Let’s Advocate for Clean Air! Table of Contents

Resources: An Emissions Mapping Tool that pinpoints locations of permitted emissions in NC is available at https://deq.nc.gov/about/divisions/air-quality/air-quality-data/nc-emissions-mapping-tool-2010

Map of permitted facilities in NC using the Emissions Mapping Tool.

Information on the compliance history of neighborhood facilities with is available through ECHO (Enforcement and Compliance History Online), a tool developed by EPA. ECHO provides compliance and enforcement information for regulated facilities nationwide. Information that you can access with this tool includes which facilities around your community are permitted, when they were last inspected, which facilities are currently violating or have violated the environmental regulations, which regulations they are violating, what enforcement actions have been taken, neighborhood characteristics, and more.

Page 17: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

13 Let’s Advocate for Clean Air! Table of Contents

Map developed using ECHO, with pins noting facilities in Wake County that have been found in violation of the Clean Air Act (CAA). Clicking on the pin reveals detailed data about each facility.

Resources: ● Information about different types of NCDEQ permits http://deq.nc.gov/permits-

regulations/permit-directory/air-permits

● EPA page about permitting statewide https://www.epa.gov/caa-permitting/clean-air-act-permitting-north-carolina

● NC DAQ page on permits and applications for permits for all facilities in NC except forfacilities in the local programs https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting

● To view permits for facilities regulated by Mecklenburg County Air Quality, visithttp://epicweb.mecklenburgcountync.gov/Source/Map/ViewMap.aspx

● To view permits for facilities regulated by EAP (Environmental Assistance Program) inForsyth County: http://www.co.forsyth.nc.us/EAP/Air_Quality_Regulation.aspx

● To view permits for facilities regulated by WNC (Western North Carolina) Regional AirQuality in Buncombe County, visithttp://www.buncombecounty.org/governing/Depts/wncair/facilities/lists.aspx

Page 18: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

14 Let’s Advocate for Clean Air! Table of Contents

How do I submit a complaint about a facility’s emissions? There are several ways to submit a complaint or review the history of complaints of permitted facilities and other regulated entities.

1. Contact the environmental regulatory agency (highly recommended)It is highly recommended that you directly contact your local or state agency to report whatappears to you as a possible violation of environmental laws and regulations. If you want tolearn about the history of complaints about a facility, you can call the agency or use the Echotool, described below. For 97 of the 100 counties in NC, the appropriate agency to contact isthe DEQ or your regional office. DAQ Regional Offices are based in Asheville, Mooresville,Winston-Salem, Raleigh, Fayetteville, Wilmington and Washington. The remaining threecounties, Mecklenburg, Buncombe and Forsyth, are served by local air quality agencies.

Page 19: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

15 Let’s Advocate for Clean Air! Table of Contents

Resources: NC Department of Environmental Quality

● Complaints about Indoor Air: Epidemiology 919-707-5900● Complaints about Outdoor Air, including open burning: (919) 707-8400 or the Regional

Office● Complaints about Workplace Air: Occupational Health, Epidemiology 919-707-5900● If you notice an environmental emergency and other imminent threats to public health

(i.e. oil and/or chemical spills, radiation emergencies), don’t hesitate to call right away,toll-free at 800-858-0368.

Forsyth County Office of Environmental Assistance and Protection, Forsyth County: Call 336-703-2440. Submit a complaint form about open burning.Western North Carolina Regional Air Quality agency, Buncombe County: Call 828-250-6777 orsend a letter to P.O. Box 2749, Asheville, NC 28802. Mecklenburg County Air Quality agency, Mecklenburg County: Call 704-336-5430. Incidentally, the Mecklenburg agency also works to reduce heavy-duty diesel vehicle idling. REPORT excessive idling of heavy-duty vehicles (more than five consecutive minutes in one hour) in Mecklenburg County, complete the Unnecessary Idling Complaint form or call 311.

2. Contact the EPA (Environmental Protection Agency)You can also use this online reporting tool developed by EPA. Information you submit will beforwarded to EPA environmental enforcement personnel or to the appropriate regulatoryauthority. Environmental problems happen in workplaces and local landfills must be reportedto the local and state agencies, rather than the EPA. To report environmental emergencies, callthe National Response Center at 800-424-8802.

Page 20: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

16 Let’s Advocate for Clean Air! Table of Contents

Zoning Communities use zoning ordinances to determine what kind of activities can take place on a particular property or in a particular section of a community. For example, properties that are zoned as residential cannot host industrial activities, unless the property owner obtains a special use permit to perform that activity on that property. Zoning is important for regulating the distance that polluting activities must maintain from vulnerable areas such as schools, residential neighborhoods, and wetlands. Zoning decisions can profoundly affect landowners, neighbors, and the entire community. The decisions often have a significant impact on property values, the character of neighborhoods, and the future quality of community life. Zoning decisions are generally made at municipal or county levels.

A. DefinitionsA zoning ordinance determines whether a particular property can be devoted to residential,commercial, industrial, or other uses. These ordinances sets minimum lot sizes and definespermissible density of development for new projects. Zoning Ordinances are available frommunicipal and county planning departments.A buffer is a strip of land with existing or planted vegetation used to protect a less intense landuse. The property owner is responsible for the maintenance of a buffer. The zoning inspector

Page 21: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

17 Let’s Advocate for Clean Air! Table of Contents

can require that the property owner replace any dead plant material and repair any damaged fence or wall.

Special use permits allow for variations in land use within an area that is zoned for something else. For example, a religious organization could apply for a special use permit to construct a church building in a residential neighborhood.

B. How to impact zoning decisionsThe law imposes special requirements to assure the opportunity for full and open discussion ofproposed zoning decisions.

There are four types of zoning decisions, including: I. Legislative zoning decisions, which affect the entire community by setting general policiesapplicable through the zoning ordinance, including the zoning map.II. Quasi-judicial zoning decisions, which involve the application of zoning policies alreadyestablished in the ordinance to individual situations. These decisions involve finding factsregarding the specific proposal and exercising some discretion in applying pre-determinedpolicies to the situation.III. Advisory zoning decisions, which do not require a formal hearing. These decisions involvethe review of a rezoning petition by a county planning board.IV. Administrative decisions, such as staff issuance of permits for permitted land uses, initialordinance interpretations, and initiation of enforcement actions do not require a formalhearing.

There are two types of proceedings to formally obtain comment on proposed zoning decisions. Both types of hearings are open to the public and are intended to elicit comments. I. Legislative HearingsLegislative hearings must be conducted in a fair, orderly manner so as to allow citizen opinionto be expressed directly to those making zoning policy decisions. These hearings are requiredfor legislative zoning decisions.II. Evidentiary HearingsEvidentiary hearings are a more formal means of gathering evidence before a decision is madein the application of a zoning ordinance to an individual situation. Evidentiary hearings arerequired for quasi- judicial zoning decisions. These hearings are like a court proceeding thatincludes witnesses presenting testimony, submitting exhibits, and rendering a formal writtendecision.

Page 22: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

18 Let’s Advocate for Clean Air! Table of Contents

Local government can hold an informal public meeting on zoning issues prior to conducting the required legislative or evidentiary hearings. The meetings can be conducted by the governing board, the planning board, staff, or a neighborhood advisory group. Local government is free to set the ground rules it chooses for publicizing and conducting these informal public meetings. The purpose of these meetings can be to:

● Gather public opinion prior to an update of the zoning ordinance● Discuss potential policy changes● Explain a new provision of the ordinance● Discuss a particularly controversial project or policy

How can I appeal a zoning decision? Appeals to zoning decisions can be made to a municipal or county Board of Adjustment.

How can I report a zoning violation? To report a zoning violation, contact the planning department for the government entity that has jurisdiction over the property. Provide the address and a detailed description of the nature of the violation. Make sure to include details such as names, dates, times, license plates and any information that can be given as evidence of the violation. When the zoning office receives a complaint, the zoning inspector will investigate the alleged violation within 1-3 days. If a violation is detected, a Notice of Violation is sent certified mail to the property owner and/or occupant. The violation letter gives a specified time to correct the violation.

Page 23: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

19 Let’s Advocate for Clean Air! Table of Contents

Chapter 3: How to Advocate There are many ways to advocate for a cause. Some, like sit-ins and protest marches, get a lot of media attention. But advocacy that works within the system can be equally effective. This section describes how to advocate effectively by working with the media, talking with policy-makers, and testifying to and serving on boards and commissions. Remember, it takes a small number of committed people to change the world...but that doesn’t mean you have to advocate by yourself! Clean Air Carolina staff and other members are eager to work with you in your advocacy efforts. Be sure to contact us to help with researching your issue, developing your message, identifying your targets, and speaking out!

EFFECTIVE COMMUNICATIONS STRATEGIES Advocates for a clean environment have done plenty of market research and have developed a number of tools for helping craft the message. Here are a series of messaging steps suggested by ecoAmerica:

1. Start from the perspective of your audience. If your policymaker represents a ruraldistrict, don’t begin by discussing the issue of mass transit.

2. Connect on common values. Values that have tested well include family, community,choice/freedom, health, and fairness. Other connectors, like faith, organizationalmemberships (e.g., alma maters), and professions are helpful.

3. Acknowledge ambivalence. Not everyone has arrived yet at the same conclusions thatyou have, and you want to avoid making people feel uncomfortable if they don’t shareyour concerns. Simple lines like, “Many medical professionals are just starting to learnabout the health consequences of air pollution exposure,” or “Some of us are more

Page 24: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

20 Let’s Advocate for Clean Air! Table of Contents

worried about climate change than others,” helps people listen with an open mind. 4. Use real, tangible examples. You can bring up stories of the number of times a child has

missed school due to an asthma attack, or how large corporations like Amazon areinvesting in renewable energy.

5. Emphasize solutions. For example, reducing toxic emissions will also reduce greenhousegas emissions; renewable technologies exist that will clean our air and save money onour electric bills.

6. Inspire the listener to do their part. All of us can make a difference, even if it just meanstalking with people about air pollution and climate change.

7. Focus on the personal benefit. For example, using public transportation can improveyour health. A cleaner environment is more pleasant for playing golf.

8. End with an “ask” -- the action that you want your listener to take.

Considerations for Scientists Because of their highly-specialized knowledge, scientists face a unique challenge when communicating with non-scientific audiences. The American Association for the Advancement of Science (AAAS) has created a toolkit for helping scientists communicate in a way that will result in sound, evidence-informed public decision-making. Key points to keep in mind: consider the audience and why they would, or should, care about your issue, and craft your message around three primary things that you want your audience to remember and respond to. Resources: https://www.aaas.org/page/communicating-engage https://ecoamerica.org/research/ https://www.climatecommunication.org/

MEDIA ADVOCACYMedia advocacy is important because not only can it allow you to promote your cause to a large number of people, it can influence the writers, editors and producers who create the media. Unlike advertising, media advocacy does not require spending large amounts of money, but it does take time and careful planning. This section focuses on advocacy through traditional mass media, as opposed to social media. Tried-and-true techniques include:

Letters to the Editor Writing a letter to the editor of your small-town or city newspaper in support of a clean air program or policy is an easy way for you to inform and influence others in your community. The letters to the editor section of the newspaper is read more frequently than any other. Legislators and other decision-makers often perceive these published letters as a highly credible expression of mainstream community and public sentiment. Below is a list of tips to producing

Page 25: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

21 Let’s Advocate for Clean Air! Table of Contents

an effective letter to the editor. ● Begin by determining the newspaper’s policy for letters to the editor. Call the

newspaper or look online to find to whom you should address the letter, in what formyou should send it, and what length restrictions the newspaper might have.

● If you are emailing the letter, send the letter in the body of the email and not as anattachment. Most news organizations will not open e-mail attachments as they maycontain viruses.

● Stick to one main point within the paper’s word limit. Link to a recent article or to a localissue or political official. Start with a statement of fact, follow with why it’s important toyou, and close with a restatement of your position and a call to action. If you havepersonal experience or expertise, mention it. Be opinionated, factual, positive, and clear(write to an 8th grade reading level).

● Call to make sure the newspaper has received your letter, then call a few days later if ithasn’t been printed to find out if it will be printed. If they notify you that it will not beprinted, ask why so you can incorporate changes in your next attempt.

● Be persistent. Newspapers receive numerous letters each day. If your letter does not getprinted the first time (or the first few times), do not give up. You can even re-send aletter you sent before, making it relevant to a more recent issue. Smaller communitypapers may be more likely to print your letter.

● If you are targeting a legislator/company/group in your letter, send them a copy of yourletter.

A sample letter to the editor appears in the Appendix.

Writing an Op-Ed Piece Op-eds are longer pieces that appear opposite of the editorial page of local, state, and national newspapers. People who are knowledgeable about an issue write op-eds. Submitting an op-ed can help call attention to your issue. Below is a list of tips to help you develop an effective op-ed piece for your advocacy campaign.

● Message: Identify your reasons for writing an op-ed. Understanding the reasons forwriting the op-ed will help you hone the message and main points you should stress inthe text.

● Audience: Knowing your audience will help you decide which outlet to target.● Contact your newspaper to find out the word limit, preferred method of submission,

and name and phone number of an editorial contact to ensure your submission arrived.Ask the opinion page editor for suggestions on what their paper seeks in an op-edcontribution. Let the editor know when to expect your submission.

● Background Information: Determine what information is essential for readers tounderstand if they are going to follow your argument.

Page 26: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

22 Let’s Advocate for Clean Air! Table of Contents

● Focus on one issue and one clear action.● Counter the opposing arguments with facts that point out other weaknesses in the

opposing message.● Thank the outlet if your piece is run. If the piece is not run, try to obtain comments that

you can use when producing future op-ed pieces. You can also submit it to othernewspapers.

A sample Op-Ed appears in the Appendix.

Editorial Board Meetings The editorial board meeting is a meeting between newspaper staff and a person or group that wishes to communicate an important issue to the publication. As one of the primary sources of news in most communities, local newspapers determine what the public reads about important issues and how they perceive those making news. By meeting with people from local newspapers face to face, your chances of publishing more articles in the newspaper about the issues that concern you increases. Below is a list of tips for successful editorial board meetings.

• Determine why it is that you want to meet with your local newspaper. Clearly define theissue of importance and develop message points that best illustrate your position andwhy you are advocating it.

• Call the newspaper’s editorial department and ask for the editorial page editor or theperson responsible for scheduling editorial board meetings. You will have about oneminute to deliver a concise and compelling overview of who you are, which group yourepresent, (briefly) what your group stands for, and what it is you want to share withthe editorial board. If the editor feels that the issue you are calling in reference to isnewsworthy and timely, and that you are providing a fresh perspective or newinformation on the subject, he or she may schedule a time for an editorial boardmeeting, which will involve meeting with at least one editor and a staff writer.

• Select a small group (no more than four) of experts in different aspects of the issue toattend. Provide this group with previous articles on the topic that the outlet haspublished, talking points and background materials.

• Choose one participant to act as the spokesperson. The spokesperson outlines theformat of the meeting, introduces himself/herself and either asks other members of theteam to briefly introduce themselves or delivers brief introductions for the group.

• The spokesperson then outlines the group's position in a brief presentation (10-15minutes). Some groups choose to have each participant address a separate pointpertaining to the group's position. This style of meeting may take a little morepreparation.

• Each member needs to be disciplined about keeping their piece to about five minutesand focusing on their designated point. Pass out information packets, and give editors

Page 27: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

23 Let’s Advocate for Clean Air! Table of Contents

time to look through them. • Have points that you want to make, regardless of what questions you are asked. If you

encounter an editorial board that is in opposition to your position, remain poised.Present your facts in a professional manner and allow your passion and earnestness toshow. Also remember that you are always talking on the record and that anything yousay may end up in the paper the next day.

• In closing the meeting, ask for specific actions and/or responses from the newspaper.Try to ensure that your point was made and offer to clarify any areas of confusion.

Press Conferences Press conferences are events designed to generate media attention. Your goal is to generate media attention, so before planning the event decide how likely that is to happen. Factors to consider: 1. Is there new information (public hearing or potential vote)?2. Is there conflict (us against a local company)?3. Is there a celebrity?4. Are there TV visuals (good size crowd, signs, etc.)?5. Is there a local angle (pellet mill or biomass utility coming to your town or region)?6. Do you have the time and resources for preparing the event and getting members of thepress to attend and then report on the event?If you cannot answer “Yes” to at least three of questions 1-5 as well as the last question, youprobably should not be having a news conference. A press release or a Letter to the Editormight be more appropriate. For tips on how to structure a press conference, see the Appendix.

POLICY-MAKER ADVOCACYAdvocating directly with policy-makers is influential partly because so few people do it,

Page 28: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

24 Let’s Advocate for Clean Air! Table of Contents

especially people who are not representatives of deep-pocketed corporations. Policy-makers take constituent communication very seriously. They know that for every constituent who contacts them, there are many others who feel the same way about the issue, and who will base their vote in the upcoming election on the positions the policy-maker takes. Policy-maker advocacy can take the form of correspondence, phone calls, and visits both in the home district and in the capitol.

Learning about your representatives To find out who your state and federal representatives are, how they voted, and some information on who their donors are, you can search a number of websites, for example, https://ballotpedia.org/Elected_Officials_Lookup or http://www.ncleg.net/

● Contact information for members of the US House is available athttp://www.house.gov/representatives/

● Contact information for members of the US Senate is available athttp://www.senate.gov/senators/contact/

● Contact information for members of the NC General Assembly is available athttp://www.ncleg.net/

You can also search these websites for information about committees and the way in which a legislator has voted on environmental issues.

Page 29: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

25 Let’s Advocate for Clean Air! Table of Contents

To find contact information for your municipal and county officials, visit the municipal and county websites. Local newspaper archives as well as meeting minutes can provide information on the officials’ positions and votes on environmental issues.

Writing a Letter Hand-written letters to elected representatives carry the most weight of any communication that is not in-person. Below are tips for writing an effective letter to an elected official.

● Offices accept constituent mail via email, fax, or the postal service. Many policy-makersprefer to receive correspondence using an online form on their websites or fax. US mailcan often take weeks to arrive at the US Capitol due to security. For federal officials, itcan be quicker to communicate by mailing a letter to a district office.

● Be sure to use the proper form of address and correct spelling of the policy-maker’sname.

● Whenever possible, use your organization’s letterhead.● Identify yourself as a constituent.● Whenever possible, list your official title and any professional degrees following your

signature.● Try to keep letters to one page. Be sure not to use jargon or confusing technical terms.● Letters should only cover one topic or bill and be timed to arrive while the issue is alive.● If your legislator pleases you by supporting a clean air issue, write and tell them so.

A sample letter to an elected official appears in the Appendix.

Phone Meetings Calling your policy makers or their staff is an effective way of influencing legislation. Legislators regularly ask their staff to report on the opinions of constituents calling the office keeping track of numbers of constituents weighing in on either side of a particular issue. You can call your representatives at their capitol or district offices. You can find their phone numbers by visiting the website of the legislative body or by calling a switchboard.

U.S. Capitol Switchboard: (202) 224-3121 NC General Assembly Switchboard: (919) 733-4111

A sample phone script appears in the Appendix.

Page 30: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

26 Let’s Advocate for Clean Air! Table of Contents

Meeting Face-to-Face An effective way to influence the policymaking process and make a connection is to visit your elected officials or their staff in person. Most legislators have regular office hours in their district offices and in the capitol during which they and their staff are available to their constituents.

1. Arranging a Meeting● Send a letter, a fax, or call requesting an appointment. If you want to meet with your

legislator in the district, send the request to the district office. If you will be visiting theCapitol, send the letter to that office.

● State-level officials generally have only one staff person. Federal-level officials may havea staff person designated as the scheduler. In your request, identify yourself as aconstituent and include information about who you are, what you want to discuss,when you would like to meet, and the names of anyone who may accompany you.

● Confirm the appointment with an email. Include your phone number in the email.A sample request for an appointment appears in the Appendix.

2. Dos and Don’ts for meeting with your elected representativesBelow is a list of helpful tips to keep in mind when meeting with your members of Congress.These tips are adapted from the American Public Health Association.

Do... ● Learn the committee assignments of your legislators and where their specialties

lie.● Present the need for what you’re asking the legislator to do. Use data or cases

you know.

Page 31: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

27 Let’s Advocate for Clean Air! Table of Contents

● Relate situations in their home state or district.● Ask the legislator’s position on the issue and the reasons they hold that position.● Show openness to the knowledge of counterarguments and respond to them.● Admit it when you don’t know the answer to a question. Offer to try to find out

the answer and send information back to the office.● Spend time with legislators whose position is against yours. You can lessen the

intensity of the opposition and perhaps change it.● Spend time in developing relationships with staff.● Do bring fact sheets and data that you can leave behind.● Thank legislator for stands they have taken which you support.

Don’t... ● Don’t overload the meeting with too many issues.● Don’t confront, threaten, pressure or beg.● Don’t be argumentative. Speak calmly so as not to put him/her on the defensive.● Don’t overstate the case. Legislators are very busy and you are apt to lose their

attention if you are too wordy.● Don’t expect legislators to be specialists. Their schedules and workloads tend to

make them generalists.● Don’t be put off by smokescreens or long-winded answers. Bring the members

back to the point. Maintain control of the meeting.● Don’t make promises you can’t deliver.● Don’t be afraid to take a stand on the issues.● Don’t shy away from meetings with legislators with known views opposite your

own.● Don’t be offended if a legislator is unable to meet and requests that you meet

with staff. Do treat the staff member as though they were the legislator.

Source: American Public Health Association http://www2.archivists.org/sites/all/files/AmericanPublicHealthAssocAdvocacyToolkit.pdf

BOARD AND COMMISSION ADVOCACY Many of the rules and regulations that affect us on a daily basis came from boards and commissions, whose members are usually appointed and who often serve on a voluntary, or near-voluntary, basis. Boards and commissions exist at all levels of government. Any person, regardless of citizenship, may attend open board meetings and public hearings and make comments. Generally, only US citizens can serve on government boards and commissions.

Page 32: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

28 Let’s Advocate for Clean Air! Table of Contents

Determine which boards and commissions are relevant. Check the government websites to view the list and description of boards and commissions, their meeting times, meeting agendas, and procedures for commenting. Some areas that affect air quality include transportation, planning, environment, economic development, housing, and more. You can attend open board meetings even if there is not a public comment period. If you regularly attend meetings of a particular board, board members may begin to consider you as a resource. The board or commission chair or the department staff member associated with the particular board or commission can answer questions about when a board or commission meets or about comment protocol.

Testify at Public Meetings Authorizing agencies often hold public hearings when considering significant policies. Members of the public are welcome to attend the hearings and provide their input. You can testify on hearings in-person or submit written public comments. Public comments can strengthen an environmental decision by providing the authoring agency with facts or perspectives that were lacking in the original draft.

Public Comment Writing Tips ● Identify the issues in the notice that you are commenting on.● When you are commenting on a particular word, phrase, or sentence provide the

page, number, column, and paragraph citation of the particular issue asindicated in the notice.

● Clearly state if you are for or against the proposed rule or some part of it, andwhy.

Page 33: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

29 Let’s Advocate for Clean Air! Table of Contents

● When possible, use data to support your position in this section.● If you commenting as a professional, make that clear in the comment. Identify

your credentials and experience that may distinguish your comments.● Indicate if you are commenting as an official representative or spokesperson for

an organization. Provide a brief overview of your organization as well.● Research opposing views from your own, take note of any specific opinions or

facts that you disagree with.● Provide detailed information to counter information that you perceive to be

incorrect from these other sources.● Include copies of articles or provide a list of references that support the

comments. Make sure that the material is relevant.● Make sure that your comments are courteous, professional, and respectful.

Public Comment Delivery Tips Public comments that are delivered in person are generally limited to three to five minutes to allow the opportunity to speak to all attendees. Below are some tips for effectively delivering comments.

● Sign up early. You want to speak as early as possible while the committee isfresh. The sign-up sheet is located outside the hearing room one or two hoursbefore the hearing begins.

● Submit written testimony. You should give committee staff your writtentestimony. Your written testimony can make the points that you do not havetime to make in the presentation. You also can provide copies of the writtentestimony to the press.

● Identify yourself clearly and explain how the issue affects you.● Be brief. Three to five minutes is a courteous length. Choose only your key points.

Page 34: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

30 Let’s Advocate for Clean Air! Table of Contents

● Don’t repeat what others before you have said.● Be unique. Try to use personal experiences.● Don’t read but use notes for guidance; a relaxed conversational style is more

effective.● Dress for success. Business attire is appropriate.● Bring supporters. It can be very effective to bring a large group of people to a

hearing as a show of support. Appoint one spokesperson to talk to thecommittee or media.

● Wait briefly after you finish for questions from committee members. If you donot know the answer, offer to get them an answer later.

● Visual Aids. Consider the possibility of visual aids for effect. Check withcommittee staff in advance for approval.

Serve on boards and commissions Serving on boards and commissions is the most direct and effective way to participate in the policy making process. As a member, you can share your expertise while directly involving in shaping the decisions that affect your community. Before you start, you need to ask yourself a few questions:

● What skills and resources do I have?● What issues do I care most?● Where are those issues addressed?● What relationships do I have locally?

Once you thought through these questions, search municipal and county government websites for position openings on the boards you want to serve. It’s a good idea to attend a few of the board meetings and talk with the board leadership or town staff about your interest before starting the application process.

Page 35: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

31 Let’s Advocate for Clean Air! Table of Contents

Conclusion Effective advocacy requires knowledge and skill, but it also requires passion and commitment. This manual provides some of the basics for understanding how our regulatory process works. Clean Air Carolina is here to help you develop your plan and follow through with it. What is essential, however, is what you bring to advocacy.

Air pollution affects our health, our environment and our economy. Think about why clean air matters to you. How does it affect your life and the lives of your family members, neighbors and friends? What kind of story can you tell about the air you breathe now and the air you want to breathe? Let the love and concern you feel for yourself and your loved ones help guide you and give you courage as you cajole, needle, push, encourage, champion and fight for the air we and our children will breathe!

Page 36: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

32 Let’s Advocate for Clean Air! Table of Contents

Appendices: Appendix 1. Rules Review Bodies Rules Review Commission. The RRC consists of ten commissioners appointed by the General Assembly and is charged with reviewing and approving rules adopted by state agencies. It generally meets once a month and meetings are open to the public. The RRC reviews rules for authority (meaning that the state agency that created the rule has jurisdiction over that issue), clarity, necessity and compliance with procedural requirements. RRC meeting schedules, procedures, and links to audio broadcasts and listservs can be found at http://www.ncoah.com/rules/RRC.html Administrative Procedure Oversight (APO) Committee The Joint Legislative Administrative Procedure Oversight Committee consists of 16 members of the General Assembly. Its duties include reviewing rules to which the Rules Review Commission (RRC) has objected, receive reports prepared by the RRC regarding each rule that has been approved, and determine if conflicts exist in rules from different departments. Member information, agendas and minutes are available at http://www.ncleg.net/gascripts/Committees/committees.asp?sAction=ViewCommittee&sActionDetails=Non-Standing_472

Page 37: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

33 Let’s Advocate for Clean Air! Table of Contents

Appendix 2: Challenging a Title V Permit after It Becomes Final https://www3.epa.gov/airquality/permits/partic/proof1.pdf

Once the DEQ or local air quality agency authorizes a Title V permit, advocates who object to the permit have two options for challenging it: petitioning the EPA or suing the permitting authority at state court.

Petitioning the EPA Advocates must submit petitions to the EPA Administrator within 60 days after the end of the EPA’s review period. Copies of the petition must be sent to the permitting authority, the applicant, and the US EPA. The EPA Administrator has 60 days to respond to petitions once they are submitted. There are several ways to submit a petition to the EPA:

1. Online: the Central Data Exchange (CDX) – the EPA’s electronic reporting site.https://cdx.epa.gov;2. Email: send your petition and associated attachments to [email protected]. US Mail to the EPA:

US EPA Office of Air Quality Planning and Standards Air Quality Policy Division Operating Permits Group Leader 109 T.W. Alexander Dr. (C-504-01) Research Triangle Park, NC 27711

4. US Mail to the Region 4 Office:Region 4 US EPA Administrator Atlanta Federal Center 61 Forsyth Street, SW Atlanta, GA 30303-3104

All petitions submitted to the EPA are posted on the Agency’s Title V petition database. This database also has PDFs of the Agency’s response to petitions. Don’t include any personal information such as an address, personal email address, etc. in your petition. Your personal information will not be redacted in the EPA posting of the petition. You can put personal information in a separate cover letter instead.

Suing the Permitting Authority that issued the permit Any person who participated in the public comment period may sue the Permitting Authority in state court on the basis that the Permitting Authority issued a permit that violates the law. The deadline for challenging a permit in state court is 90 days after final action on the permit. This action would require the assistance of an attorney.

Page 38: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

34 Let’s Advocate for Clean Air! Table of Contents

Appendix 3: Materials for the Media

Sample Letter to the Editor (171 words) Dear Editor,

As a member of Medical Advocates for Healthy Air, I strongly support the new carbon rules put forth by the EPA. Reducing carbon emissions from power plants, which account for 40% of CO2 emissions in the U.S., is critically important in protecting the health of all North Carolinians.

The American Lung Association estimates 860,000 people in NC already suffer from lung diseases (asthma and COPD). Children are particularly impacted, as one in ten children in NC has asthma. Both the World Health Organization and the Centers for Disease Control and Prevention agree that particulate pollution and ozone exacerbate respiratory illnesses and may even cause death. Reducing power plant emissions is essential for alleviating some of these public health issues. In fact, the EPA estimates that reducing carbon emissions from power plants will lead to 150,000 fewer asthma attacks in children throughout the U.S. by 2030.

Protecting North Carolinians’ health should be a priority for state officials. Reducing carbon emissions from power plants will contribute to a stronger and healthier North Carolina.

Robin Inman, MD, MPH Member, Medical Advocates for Healthy Air Durham, NC 919-111-1234

B. Sample Op-edMounting scientific research implicates ultrafine particle pollution in inciting the

inflammatory response that is likely responsible for the development of chronic diseases in susceptible individuals -- everything from heart disease to degenerative brain disease to arthritis, diabetes, not to mention cancer. Unless you live or work within sight of a smokestack, the biggest source of this pollution is vehicle exhaust --trucks near a highway, heavy equipment near road projects or construction sites, and even the small engines used everywhere in lawn care.

Several years ago, enlightened North Carolina legislators acknowledged the risk to children by passing the School Children's Health Act. One of the provisions of this legislation is a school bus idling policy forbidding buses to line up end to end with engines running. In the interest of cleaner air, the legislature also allowed new regulations restricting idling of heavy-duty vehicles to five minutes and implementing a rebate program for the purchase of auxiliary

Page 39: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

35 Let’s Advocate for Clean Air! Table of Contents

power units that would allow truckers to run processes like air conditioning when they were at rest.

How times have changed. Last year, the legislators passed the “Polluter Protection Act”, H765, removing idling restrictions for heavy-duty vehicles. If the General Assembly in 2005 saw fit to require such a policy to protect children from idling diesel engines on school grounds, why would the General Assembly in 2015 want to roll back heavy-duty vehicle idling restrictions NOW at a time when there is even more evidence of harm? More concerning to me even than the obvious and well documented acute risks to people with asthma and other lung diseases, is the role of exposure of fine particle pollution over time in the development of chronic diseases that shorten lives and are costly to the health care system and society as a whole. Anyone walking near a construction site can smell the fumes -- evidence of dirty engines and the need for more restrictions.

The NC Division of Air Quality now is charged with rewriting the rule to comply with the lifting of the idling restriction. I urge fellow medical and health professionals to join me in asking the NC DAQ to retain idling restrictions around schools, hospitals, senior living facilities and residential neighborhoods, encourage better education and complaint mechanisms, and reinstate the auxiliary power unit rebate program. Please visit MedicalAdvocatesforHealthyAir.org to learn more.

Page 40: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

36 Let’s Advocate for Clean Air! Table of Contents

Appendix 4: Letters to elected officials

Sample letter to an elected official: May 10, 2015

Senator _________ NC Senate 300 N Salisbury Street, Room XXX Raleigh, NC 27603-5925

Dear Senator _____________,

As a constituent in XX County, I’m writing to express my support for SB XXX, extending the renewable energy tax credit.

This tax credit was essential in allowing us to afford installing solar panels on my home. As a family headed by a school teacher and a nursing student, our salaries would not have been sufficient for us to be able to install these panels on our own. Due to the tax credit, however, we were able to obtain financing for the panels.

We also were pleased to be able to contract with XX, a locally-owned company, to install the panels. As you may know, good jobs in our county can be hard to come by. The owner of XX told me that we were his hundredth customer since he started his company last year, and that all of his customers were taking advantage of the tax credit. He employs 10 people full-time, and 9 of them graduated from XX County schools.

The renewable energy tax credit clearly has been good for the economy in XX County, and I urge you to vote yes on SB XXX so that more North Carolinians can afford this technology.

Sincerely, [Name] [Home address] [Telephone number] [Email address]

Sample Phone Script for Calling and Elected Official

Hello, my name is ________________ and I am a constituent and clean air advocate in [city/state].

Page 41: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

37 Let’s Advocate for Clean Air! Table of Contents

I am calling today as a constituent and advocate on behalf of Clean Air Carolina to urge Senator/ Representative ______________ to request a vote for/against [bill number and name]. I’m concerned about this issue because….

Thank you for your attention to my request and I look forward to hearing Senator/Representative _____________’s position on [issue].

[Leave your name, home address and phone number so the office can follow up with you at a later time.]

2. Sample Request for an Appointment with an Elected Official

July ______, 2015

The Honorable ______________ Attention: Scheduler United States Senate/ U.S/ House of Representatives Washington, DC 20510 (Senate)/ 20515 (House) [or district office address]

Dear Senator/ Representative ___________,

As a member of Clean Air Carolina, a nonprofit organization that is dedicated to ensuring cleaner air quality for all North Carolinians through education and advocacy, I am concerned that legislation to reform our nation’s environmental standards might fail to include strong air quality provisions such as Clean Construction practices and fully funded grant programs to improve and update fleets. We believe we must transition our construction practices which utilize outdated diesel vehicles to the use of cleaner technology that is up to the EPA’s highest tier standard and reduces particle pollution by 90%.

Please let me know when you might be available to meet. I will follow up with you in the next week by phone. Thank you for considering my request.

Sincerely,

[Name] [Home address] [Telephone number] [Email address]

Page 42: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

38 Let’s Advocate for Clean Air! Table of Contents

Appendix 5: How to structure a press conference

• Timing is critical to a successful event. Know the news deadlines in your city. In general,media events should take place between 9:30 and 11:00 a.m. Of course, if there is avote or action by your local government it needs to be timed in conjunction with that. Inaddition, you need to consider what other newsworthy events will be happening thatday and minimize the competition. For most locations, Tuesdays, Wednesdays,Thursdays, and in some places, Saturdays, tend to be best.

• Picking a location is a critical decision. The number one criterion is accessibility to themedia. Ideally, the location also provides good visuals (smokestacks) and/or is relevant(city hall for Mayor’s endorsement). Before using a location, check it out in person at thetime/day of the planned press conference (the week before) to check for crowds, noise,parking availability, etc. Call and ask a reporter if s/he would come to that spot if it is alocation out of the ordinary.

• Line up speakers. It usually takes a few weeks to line up big name speakers. If possible,leave yourself at least two weeks preparation time. Anybody who agrees to speak at theconference needs to know in advance who the other speakers are, what each speaker isgoing to say, how long s/he has to speak, and what questions to expect. Ideally, a roleplay is conducted (including presentations and a question and answer session) the daybefore the event, giving each participant ample feedback. Each speaker should have atleast one “quotable quote” or “soundbite”. Clarify with each speaker likely questionsand who should expect to answer what.

• Send a news advisory two days before the event. The advisory should briefly state thewho, where, why, and when of the event. Your goal with the advisory is to tantalize themedia with a few choice tidbits without giving away the whole story.

• Prepare a news release for distribution to members of the media who attend and tosend to outlets that don’t attend after the event.

• Think about visuals. Just as important as the materials explaining the event are thevisuals at the event itself. Any news conference should have at least one TV shot inaddition to a bunch of people in nice outfits talking. Examples of successful visuals are:blown-up pictures and graphics, samples of wood pellets, a blown-up copy of a petition,or a demonstration of safe and unsafe alternatives. For any event, be sure that there is asign or banner with the cause clearly displayed and if there is an official local groupname, have a banner for that as well. Have community participants wear buttons or t-shirts if possible.

• Get the media to show up. Even the best planned event is a flop if no media show up.The only way to ensure good attendance is to follow-up with reporters individually.Everyone who receives a news advisory should receive a personal phone call a couple of

Page 43: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

39 Let’s Advocate for Clean Air! Table of Contents

days ahead. Anybody who is mildly to very interested in the initial phone call should receive a reminder call the evening before and/or morning of the event. Call editors as well as reporters. Make sure that you follow up with the wire services like the Associated Press [AP] (including the wire daybooks) and with the TV assignment editors. Call TV and AP (and other wire services) the afternoon before and the morning of the event. Reiterate the information in the advisory, but don’t give away the story. Keep good records on whom you call and what they say so you know whom to expect.

• Control the event. At the event, a greeter should be stationed at the door with a sign-insheet and a packet for media representatives. You may want to serve coffee if it is anearly morning event. No matter how many people have arrived, do not start the eventmore than five minutes after the scheduled time. Introduce yourself and the speakersand be sure to keep things moving along. Leave up to 15 minutes for questions andanswers. Feel free to wrap up sooner if things seem to be getting off track. After theevent, stick around to do interviews with those reporters who attended. Clean up theroom. Drop off or email packets to media contacts who did not show. Head back to theoffice to do radio feeds/interviews, answer reporters’ questions, and email out releasesto key people who did not show.

• Follow up. Following the event, call the reporters who attended the event to answerany questions and find out if they will use the story. Call reporters who did not attend tointerest them in the story and give interviews. Thank you notes with clips should go toall speakers. Record TV appearances, tape radio coverage and clip print stories. Keeprecords of media contacts with relevant info.

Source: Dogwood Alliance https://www.dogwoodalliance.org/wp content/uploads/2015/08/Community-Toolkit-Dogwood-Alliance.pdf

Page 44: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

40 Let’s Advocate for Clean Air! Table of Contents

Appendix 6: EPA Tools for Understanding Air Quality

National Emissions Inventory https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei The National Emissions Inventory (NEI) is a comprehensive and detailed estimate of air emissions of criteria pollutants, criteria precursors, and hazardous air pollutants from air emissions sources. The NEI is released every three years based primarily upon data provided by State, Local, and Tribal air agencies for sources in their jurisdictions and supplemented by data developed by the US EPA. The EPA has developed a number of tools that help understand the data from the NEI and other sources.

AirCompare AirData EJSCREEN: Environmental Justice Mapping Tool EnviroMapper EPA Green Book NATA (National Air Toxics Assessment map) State and Local Multi-pollutant Emissions Comparison

AirCompare https://www3.epa.gov/aircompare/ AirCompare allows the comparison of air quality in counties and states by health concern and time period.

Chart showing the number of unhealthy days in 2015 for asthma and lung diseases that was developed by the Air Compare tool.

Page 45: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

41 Let’s Advocate for Clean Air! Table of Contents

AirData https://www.epa.gov/outdoor-air-quality-data The AirData tool provides access to various air pollution data from 1980 to the present, and different ways to visualize these data.

There are four main parts of the AirData website: 1. Download Data: Such as downloading the daily concentrations of the criteria pollutants.2. Reports (Summary and Technical): Such as see the statistical summaries of yearly and dailyAir Quality Index (AQI) of a selected county/city.3. Visualize Data: Such as see the daily concentrations of air pollutants and its AQI.4. Interactive Map: Such as see where air quality monitors are located, get information aboutthe monitor, and download data from the monitor.

Chart reporting 2015 air quality data in Asheville, NC from the AirData tool.

Visualization of daily AQI values for PM2.5 in Asheville, NC from the AirData tool.

Page 46: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

42 Let’s Advocate for Clean Air! Table of Contents

EJSCREEN: Environmental Justice Mapping Tool https://ejscreen.epa.gov/mapper/ EJScreen is an environmental justice mapping and screening tool that provides EPA with a nationally consistent dataset and approach for combining environmental and demographic indicators. You can choose a geographic area; the tool then provides demographic and environmental information for that area. This tool may help you identify areas with:

● Minority and/or low-income populations● Potential environmental quality issues● Greater than normal combination of environmental and demographic factors

Map showing percentiles of vulnerable populations in proximity to PM2.5 near Lumberton, NC using EJScreen.

Page 47: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

43 Let’s Advocate for Clean Air! Table of Contents

EnviroMapper http://www.epa.gov/emefdata/em4ef.home EnviroMapper is an interactive mapping tool for viewing and querying environmental information. The application allows users to zoom in to an area, or enter a state, county, city, ZIP code, or watershed to view environmental data from EPA’s Envirofacts Warehouse. The type of environmental information includes: Superfund sites, drinking water, toxic and air releases, hazardous waste, and water discharge permits. You can also view this information in context by adding map features to your map, such as major roads, hospitals, and schools.

Map showing proximity of polluting facilities to schools near the port of Wilmington using Enviromapper.

EPA Green Book https://www.epa.gov/green-book The EPA Green Book provides detailed information about area NAAQS designations, classifications and nonattainment status.

Page 48: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

44 Let’s Advocate for Clean Air! Table of Contents

NATA (National Air Toxics Assessment map) https://gispub.epa.gov/NATA/ Air toxics include chemicals such as asbestos, dioxin, and methyl mercaptan. The National Air Toxics Assessment (NATA) map shows risks, emissions and monitoring data for toxic air emissions. It also allows for querying and downloading data. Map layers include emission sources, cancer risks, respiratory hazards and air pollutant concentrations.

Data describing cancer risk from air toxics in a region of Guilford County using the National Air Toxics Assessment (NATA).

Page 49: Let’s Advocate for Clean Air! · 2018-12-26 · 2 Let’s Advocate for Clean Air! Table of Contents Chapter 1: Understanding Air Quality Air quality policy is based on technology

45 Let’s Advocate for Clean Air! Table of Contents

State and Local Multi-pollutant Emissions Comparison https://www.epa.gov/air-emissions-inventories/multi-pollutant-comparison This tool provides a comparative view the emissions and their sources at state and county levels.

Comparison of emissions in 2014 statewide using the Multipollutant Emissions Comparison Tool