GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                   D

HOUSE DRH40073-MH-51  (02/10)

Short Title:        Fracking-Protecting the Public.		(Public)
Sponsors:	Representatives Pendleton, Malone, and Dollar (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT to require the Environmental Management Commission, in consultation with the Mining and energy commission, to adopt rules establishing technical requirements and best management practices to minimize leaks and other unpermitted releases of air pollutants from activities and infrastructure associated with gas exploration, development, production, processing, and compression infrastructure.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 113‑391(a3) reads as rewritten:

"(a3)     The Environmental Management Commission shall adopt rules, after consideration of recommendations from the Mining and Energy Commission, for all of the following purposes:

(1)        Stormwater control for sites on which oil and gas exploration and development activities are conducted.

(2)        Regulation of toxic air emissions from drilling operations. In formulating appropriate standards, the Department shall assess emissions from oil and gas exploration and development activities that use horizontal drilling and hydraulic fracturing technologies, including emissions from associated truck traffic, in order to (i) determine the adequacy of the State's current air toxics program to protect landowners who lease their property to drilling operations and (ii) determine the impact on ozone levels in the area in order to determine measures needed to maintain compliance with federal ozone standards.

(3) Establishment of technical standards and practices to minimize emissions of air toxics, volatile organic compounds, and other air pollutants and to minimize leaks that result in the waste of natural gas or other hydrocarbons from activities and infrastructure used in the exploration, development, production, processing, and compression of natural gas. These standards and practices shall include:

a. Technical standards and practices to minimize emissions and leaks from equipment and activities used in the exploration, development, production, processing, and compression of natural gas. Sources and activities shall include, but are not limited to, pneumatic controllers and pumps, compressors, wells, storage tanks, and dehydrators.

b. Minimum standards for an instrument‑based leak detection and repair program to ensure the elimination or minimization of emissions and natural gas leaks from equipment used to facilitate the exploration, development, production, processing, and compression of natural gas. The leak detection and repair program shall provide for routine inspection and maintenance of equipment and expeditious repair time."

SECTION 2.  This act is effective when it becomes law.