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NCMA Member Polls and Surveys
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2024 NCMA ISSUES BALLOT

One ballot per member company
Return ballot by COB Oct 6, 2023

 

Step 1 of 3

INSTRUCTIONS: One principal contact in each member company may vote for a maximum of 5 issues in each of three categories (Legislative, Regulatory, Organizational/Strategic). Rank each selection from lowest priority to highest priority. The member’s primary contact is responsible for completing one ballot representing the member company’s vote and submitting that ballot to NCMA.

You may get input from as many employees as desired. Use the downloadable worksheet to share with employees for input.

▶︎ DOWNLOAD BALLOT WORKSHEET ◀︎

DEADLINE: Submit your ballot by COB Friday, October 6, 2023.

Results will be shared at the annual meeting October 30 & 31, 2023.

LEGISLATIVE ISSUES for 2024

Vote for your top 5 Legislative Issues

There are 20 legislative issue presented on the ballot.

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Amend General statutes to remove NC air toxics. Go after unacceptable risk clause.
 
 
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Seek legislation to recognize biomass as climate positive/carbon neutral. NCMA member preferred language already drafted.
 
 
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Request that any EJ requirements, including standards and applicability to permits, be adopted as rules, and prohibit DEQ’s utilization of EJ until rulemaking is complete
 
 
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Modify the Administrative Procedure Act (APA) to allow permittees additional time to correct problems with permits or enforcement actions, likely through a mechanism of a protective appeal that ensures OAH will not require unnecessary filings (without having to file for a continuance), plus also consider a provision that would allow the agency to agree to extend the time to file a contested case petition at OAH.
 
 
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Modify the APA to provide that notices of violation (NOVs) are appealable to the OAH even if they do not include civil penalties and modify Chapters 143 and 130A to set standards of when an NOV is appropriate and to encourage the use of alternative mechanisms for DEQ to raise compliance issues.
 
 
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Clarify North Carolina Groundwater Standards (15A NCAC 2L) to remove assumption that the default groundwater standard in the absence of an established numerical standard is the detectable concentration at or above the practical quantitation limit (PQL). [Ref: 15A NCAC 2L .0202 (c)]
 
 
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Make Interim Maximum Allowable Concentration (IMACs) quickly available and time limited. Should be looked at with (ab)use of PQLs.IMACs should expire. Need legislature to reinforce expiration.
 
 
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Protect sales and use tax exceptions for raw materials, energy, machinery equipment. Oppose any efforts to eliminate or reduce sales and use tax exemptions on core manufacturing inputs. Monitor the status of state surplus tax policies and their implications.
 
 
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Oppose new or existing plans/requirements to enact extended producer rules (a packaging tax).
 
 
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Exempt from NCDOL Hazardous Right-to-Know Act any facility reporting under EPCRA.
 
 
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Engage legislature to bring uniformity to pay across departments to avoid one agency’s hiring advantage over another.
 
 
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Modify Chapter 143B to require DEQ to adopt rules to establish a voluntary disclosure process, whereby a regulated entity can voluntarily disclose non-compliance that are discovered through environmental audits, an ISO process or some other mechanism initiated by the regulated entity, with the result that the regulated entity is entitled to a complete or partial penalty abatement, depending on the circumstances specified in the rules.
 
 
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Modify the APA to allow the appealing non-third-party (i.e., the permit holder or entity penalized) to mutually agree to a stay of the contested case by filing an agreement document in the proceeding without the need for ALJ approval, with this agreed-upon stay would put the case on hold for a limited period of time as stated in the amendment (perhaps 30 or 60 days).
 
 
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Update the plastics recycling standards and program to reflect the availability of universal recycling technologies.
 
 
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Modify the brownfield program:

  1. remove the prohibition against including NPL sites and direct DEQ to enter into a memorandum of understanding with EPA about handling NPL and NPL-caliber sites
  2. restructure the program overview to give more weight to the prospective developer’s (PD) consultant, perhaps using a process of accreditation similar to (but better than) the one for Registered Environmental Consultants
  3. alter the process to allow the PD the option of drafting the agreement, which should be given weight in considering the form of the final agreement
  4. provide a means by which a buyer or other entity entitled to liability protection can secure a written confirmation of coverage from DEQ.
 
 
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Establish a legislative study commission to determine opportunities for additional incentives for voluntary activities to implement better treatment or recycling technologies or alter processes.
 
 
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Ensure any legislation for PFAS and/or 1,4-Dioxane being considered by the General Assembly is based on best available sound science and has good definitions.
 
 
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Monitor NC legislators’ involvement with RGGI. Oppose NC joining the RGGI.
 
 
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Monitor expansion of NCDEQ’s EJ policy, especially regarding permit compliance and renewal requirements. Oppose implementation of plans like that of NJ DEP.
 
 
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Advocate for passing legislation that would ensure that advanced recycling technologies are properly regulated as manufacturing and not solid waste.

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