EPA Rule Cripples Public's Right to Know
if Worst Air Polluters are Violating the Law
Approach Prohibits States from Including Adequate
Monitoring Requirements in Air Pollution Permits
Environmentalists are heading to court today to challenge
an Environmental Protection Agency rule that weakens clean air
requirements for major industrial polluters. The recently finalized rule
enables the nation's largest polluters to avoid monitoring,
recordkeeping, and reporting requirements needed to document whether
they are illegally polluting the air.
Today's lawsuit will be filed in the D.C. Circuit Court of Appeals by
Earthjustice on behalf of the Environmental Integrity Project, NRDC and
Sierra Club. The challenged rule undermines a key Clean Air Act program
the Title V operating permit program which is supposed to enable the
public and the government to keep close tabs on whether industrial
facilities such as power plants, oil refineries, cement kilns, and
incinerators comply with air pollution limits.
EPA's new approach prohibits permitting authorities predominantly state
agencies from including supplemental monitoring requirements in Title V
operating permits beyond what is already specified in regulations, even
if existing requirements are outdated and insufficient to demonstrate
whether a particular facility is complying with air pollution limits.
"This rule doesn't just pull the rug out from under families who want
protection from harmful air pollution, this is pulling out the
floorboards and the foundation as well," said Ed Hopkins, who directs
Sierra Club's Environmental Quality Program. "In writing this rule, EPA
has clearly put the interests of the polluters above those of ordinary
Americans".
"This rule is a shameful attempt to deny the public and state regulators
key information needed to hold illegal polluters accountable for
violating the law," said Earthjustice attorney Keri Powell.
Prior to the new rule, government regulators were required to include
monitoring obligations in Title V permits sufficient to assure the
facility's ongoing compliance with Clean Air Act requirements.
Monitoring results must be compiled at least every six months, filed
with the
government, and made available to the public. Both government regulators
and members of the public can enforce permit requirements‹including
pollution monitoring obligations. In light of the new rule, EPA states
that facility operators may request that certain monitoring obligations
in their existing permits be eliminated. All permits must be renewed
every five years, and if EPA's new rule stands, permitting authorities
will be forced to strip out supplemental monitoring requirements at that
time.
"Why does the EPA want to make it easier for polluters to hide their
emissions?" asked Environmental Integrity Project attorney Ben
Wakefield. "When it comes to enforcement, EPA's motto is, see no evil."
"This new rule ties the hands of states that genuinely want to ensure a
safe, healthy environment for their citizens," said NRDC attorney
Patrice Simms. "No one should stand in the way of making sure children
have clean air to breathe."
In 2004, environmental groups mounted a successful challenge to a nearly
identical EPA rule. The D.C. Circuit struck down that rule after
concluding that EPA issued it without properly notifying the public and
offering an opportunity for public comment. EPA then initiated a comment
period and proceeded to adopt the rule once again, despite extensive
public comments demonstrating that the rule will leave state permitting
authorities with no choice but to issue Title V permits that fail to
assure compliance with the Clean Air Act.
CONTACT:
Keri Powell, Earthjustice (845)265-2445
Ben Wakefield, Environmental Integrity Project (202)263-4450
Patrice Simms, Natural Resources Defense Council (202)289-2437
Ed Hopkins, Sierra Club (202)675-7908.
Click to close
window
