The EPA is allowing major polluters in the heart of the
industrial Midwest to flout the Clean Air Act, according to a
lawsuit recently filed by the Ohio Public Interest Research
Group.
The lawsuit accuses the EPA and Ohio regulators of failing to
enforce a section of the Clean Air Act known as Title V, which
requires power plants, incinerators and other polluters to
obtain a permit to ensure compliance with the law. These permits
are issued by the states, but subject to EPA approval. Like many
other industrial Midwest states, Ohio has been slow to enforce
the Clean Air Act. More than 13 years since passage of the law,
records show that about 80 facilities in the state still operate
without Title V permits. [1]
Earthjustice filed the lawsuit on behalf of Ohio PIRG in an
attempt to compel the EPA to take over authority of Ohio's Title
V program. The EPA has the power to issue a notice of
deficiency, which sets an 18-month deadline for the state to
correct any Title V problems or face a federal takeover of the
program. The EPA acknowledged that Ohio was not compliant with
federal law, but refused to issue a notice of deficiency in
2002.
The lawsuit also alleges that permit requirements in the state
are too lax and undermine their effectiveness - if the permits
are even issued at all. If successful, the case will likely
result in stricter pollution controls in the state.
"Ohio has some of the worst air pollution in the country," said
attorney Keri Powell, who argued the case before the U.S. Court
of Appeals for the Sixth Circuit. "Large facilities contribute
tremendously to the state's dirty air and it's essential that
they be subject to operating permits that reflect Clean Air Act
standards."
"To protect Ohio's families from toxic air pollution we must
enforce the Clean Air Act," said Erin Bowser, state director of
Ohio PIRG. "It is unacceptable that Ohio's polluters are getting
away with poisoning our environment, threatening our health and
keeping the public in the dark about side-stepping pollution
limits." [2]
The case is Ohio Public Interest Research Group v. U.S.
Environmental Protection Agency.
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SOURCES:
[1] "Appeals court to hear case over EPA's role in Ohio rules,"
Greenwire, Apr. 29, 2004.
[2] Earthjustice press release, Apr. 29, 2004.
