HomeMy WebLinkAboutApproved AQC Meeting Summary_08March2023
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ENVIRONMENTAL MANAGEMENT COMMISSION
AIR QUALITY COMMITTEE MEETING SUMMARY
March 8, 2023
Archdale Building-Ground Floor Hearing Room
2:45 P.M. – 4:45 P.M.
AQC MEMBERS IN ATTENDANCE
Ms. Margaret (Maggie) C. Monast, AQC
Chair
Ms. Donna Davis
Ms. Yvonne Bailey Ms. Marion Deerhake
Mr. Charlie S. Carter Dr. H. Kim Lyerly
OTHERS IN ATTENDANCE
Ms. Robin Smith, EMC Chair Mr. Mike Abraczinskas, DAQ Director
Ms. Elizabeth (Jill) Weese, EMC Mr. Randy Strait, DAQ Planning Chief
Mr. Phillip Reynolds, EMC Counsel DEQ Staff
Mr. Zach Pierce, Office of Governor Members of the public
PRELIMINARY MATTERS
Agenda Item I-1, Call to Order and the State Government Ethics Act, N.C.G.S. §138A-15
AQC Chair Monast called the meeting to order and inquired, per General Statute §138A-15, as to
whether any member knows of any known conflict of interest or appearance of conflict with respect to
matters before the EMC’s AQC. None stated.
Agenda Item I-2, Review and Approval of the November 9, 2022 Meeting Minutes
Chair Monast requested approval of the November 9, 2022 Meeting Minutes. Commissioner Bailey
made the motion and Commissioner Deerhake seconded the motion. The minutes were approved
unanimously without discussion.
MEETING BRIEF
During the meeting on March 8, 2023, the Air Quality Committee (AQC) of the Environmental Management
Commission (EMC) heard:
• Concepts: None
• Action Item: None
• Informational Item: Advanced Clean Trucks (ACT) Rule Update
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RULEMAKING CONCEPTS
No rulemaking concepts items were presented during this AQC meeting.
ACTION ITEMS
No action items were presented during this AQC meeting.
INFORMATIONAL ITEMS
Agenda Item V-1, Advanced Clean Truck Rule Update (Zach Pierce, Office of the Governor, and
Randy Strait, DAQ)
Mr. Zach Pierce, Senior Advisor with the Office of the Governor, and Mr. Randy Strait, Chief of the
Division of Air Quality (DAQ) Planning Section, presented an overview of the Advanced Clean Trucks
(ACT) rulemaking and recent stakeholder engagement.
Mr. Pierce started the presentation with an overview of various North Carolina Executive Actions to reduce
Greenhouse Gas (GHG) emissions from vehicles, starting with Executive Order (EO) 80, signed in October
2018, and ending with the more recent EO 271, signed in October 2022. EO 271 directed DEQ to develop
and propose an ACT Rule and outlines additional steps to ensure its success, such as an infrastructure needs
assessment and availability of State and federal funds.
Mr. Strait continued the presentation by providing a breakdown of historical carbon dioxide (CO2)
emissions data for the transportation sector and its contribution to statewide CO2 emissions, stating that the
most recent emissions data showed that the transportation sector contributed 36% of the total GHG
statewide emissions. The transportation sector was the largest contributor, followed by the power sector at
33%. The ACT rule is a way to reduce transportation sector GHG emissions while growing the State’s
gross state product under continued projections of increases in state population. Medium- and heavy-duty
(MHD) vehicles account for 17% of the 2017 transportation sector GHG emissions in North Carolina. The
earliest date that North Carolina could have an effective ACT rule would be January 1, 2024. Under Section
177 of the Clean Air Act (CAA), the state is required to allow two years of lead time following an effective
rule, before implementing the rule. Therefore, DAQ would implement the rule beginning on January 1,
2026, with the model year 2027 sales percentages.
Mr. Strait described the seven stakeholder outreach sessions that were conducted between January 9 and
February 21, 2023. Four sessions were virtual and three were held in person in Charlotte, Burlington, and
Pembroke. Overall, the responses were positive, and stakeholders believe the adoption of the ACT is a
win-win for businesses and the health of our citizens. Stakeholders expressed the need for further
communication with underserved communities, leverage of financial resources, and workforce
development, as well as infrastructure challenges.
Discussion:
Commissioner Carter asked how much progress has been made towards EO 80’s 2025 goals of 40%
reduction in GHG emissions from 2005 levels and 80,000 registered light-duty (LD) zero-emission vehicles
(ZEVs). Mr. Pierce replied that North Carolina currently has 50,000 registered LD ZEVs and the 40%
target has not yet been achieved, but the state has seen significant progress.
Commissioner Davis asked if current cost comparison information is available for ZEVs versus standard
vehicles. Mr. Pierce responded that the cost of MHD ZEVs is constantly changing and becoming
increasingly competitive with their gas and diesel counterparts, especially when considering the reduced
maintenance and fuel costs.
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Commissioner Deerhake asked for an example of the type of truck at the lower end of the Class 2b
category, if a cost-benefit analysis has been performed, and if it is being communicated to consumers in a
clear manner. Mr. Pierce replied that an F-250 is an example of a Class 2b truck and clarified that the ACT
rule does not put any requirements on the consumer, instead only providing access to these types of vehicles.
Commissioner Deerhake stressed the importance of providing public health benefits in all rulemakings,
in addition to the costs to industries.
Commissioner Carter noted the short time frame proposed to adopt the ACT Rules and inquired about the
status of the fiscal note. Mr. Strait stated that DAQ is currently working on the fiscal note and evaluating
the best approach to calculate emissions, which may involve either scaling California’s analysis, or a more
detailed emissions analysis using modeling data. However, because the MOVES model emission data is
not yet available, the fiscal note will likely use the scaled approach. Commissioner Carter noted the
difficulty in enforcing the sales standards on manufacturers, specifically those outside the State.
Commissioner Davis asked if there were any consequences to the State should the sales standards not be
met. Director Abraczinskas stated that there would not be any consequences to the State. Any enforcement
action towards manufacturers would have to be decided by the EMC from DAQ recommendations provided
along with the rule.
Commissioner Deerhake asked if the sales standards apply only to the manufacturing and offering of a
certain percentage of vehicles for sale in the State, or if the rule requires the actual sales of ZEVs, and how
the manufacturers would meet those goals (through incentives, etc.). Mr. Strait stated that the sales standard
applies to the actual sales of ZEVs, which would be tracked by the manufacturer by vehicle identification
number (VIN) and vehicle registration. The manufacturers could meet the sales requirements by
completing sales to the end user (e.g., fleets), or by purchasing credits from other manufacturers selling
within the State.
Chair Monast asked that the concept of credits be explained in more detail. Mr. Strait stated that in
California, electric vehicle (EV) manufacturers can bank credits for three years and sell these credits to
other manufacturers with deficits. The credits have a 5-year lifespan. Manufacturers are encouraged to
work together to meet the targets and bring the cost down, and are given one year to make up the credit if
they miss their targets. Chair Monast asked that if the ACT rule is not adopted in January 2024, what is
the earliest model year to which the sales standards would apply. Mr. Strait stated that that the sales
standards would then begin with model year 2028 at 20% and 30%. Director Abraczinskas stated that
manufacturers, during the outreach session, stressed the importance of the early reduction credits.
Commissioner Carter asked if plug-in hybrids would also be included in the credit program. Mr. Strait
stated that based on his understanding of the California ACT regulation, plug-in hybrids would also be
included. Commissioner Carter asked if hydrogen fuel cell vehicles are a realistic option for
compliance with the ACT rule. Mr. Strait stated that a lot of advancements have been made in hydrogen
fuel cell technology and that within the next 10 years, it will be a viable option for long haul trucking.
Commissioner Davis asked if the charging infrastructure will be available outside of the state,
considering that North Carolina will be the first state in the southeast to adopt the ACT rule. Mr. Pierce
replied that the seven states that have adopted the ACT rule make up 20% of the trucking market in the
United States. It is important to ensure that we accommodate and promote these vehicles. There is a lot
of coordination across the country to ensure that the infrastructure will be available.
Commissioner Deerhake requested that DAQ consider including maps that overlay the warehouse
locations and EJ communities, as the fiscal note and public presentations are being prepared. She also
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requested both individual and total benefits for the PM2.5 and NOx emission reductions, not just GHGs.
Mr. Strait stated that if the EPA models allow for overlay, then DAQ will include them.
Chair Monast asked for an explanation of the next steps. Director Abraczinskas thanked the staff, Robin
Barrows, Shawn Taylor, the DEQ EJ team, the Regional Offices, and the Rule Development Branch for
conducting the seven pre-rulemaking stakeholder meetings. Director Abraczinskas also stated that Clean
Energy Tech Center, at NC State, will hold a demonstration on April 11 and 12 for government entities to
learn about charging. Commissioners are invited to attend.
Agenda Item V-2, Director’s Remarks (Mike Abraczinskas, DAQ)
Director Abraczinskas began by introducing and welcoming the new Deputy Director, Taylor Hartsfield.
Ms. Hartsfield brings over 10 years of regional office experience and holds a BS in Biosystems
Engineering and a minor in Environmental Engineering from Clemson University. Director Abraczinskas
stated that DAQ is currently working to fill the Business Officer position, Raleigh Regional Office
Supervisor position, Air Quality Analysis Branch Supervisor position, Projects and Procedures Branch
Supervisor, and 31 other vacancies. Finding funding sources for salary administration for the Division
remains a priority. He concluded with some staffing statistics, mentioning that 7 additional DAQ
Supervisors will retire in the next 12 months, 30 other staff are eligible to retire in the next 12 months,
and 80 of the Division’s staff are eligible to retire in the next 50 months.
CLOSING REMARKS AND MEETING ADJOURNMENT
Chair Monast asked if there were any other comments or questions. No comments or questions were made.
Chair Monast thanked all in attendance for their participation.