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Group Blasts Air Plan: Proposed Legislation Would Provide Ohio Option of Following Lower Federal Mandates on Pollutants

Posted on: Wednesday, 15 February 2006, 09:00 CST

By Bob Downing, The Akron Beacon Journal, Ohio

Feb. 15--A major Ohio environmental group on Tuesday blasted industry-backed legislation that would weaken Ohio's ability to control certain toxic air pollutants, a view disputed by industry groups.

The key issues proposed in House Bill 496 and Senate Bill 265 are which hazardous air pollutants the Ohio Environmental Protection Agency should have the authority to regulate, and how modern are the air pollution controls it may order industries to install, the Ohio Environmental Council said at a news conference in Columbus.

The legislation would "severely hamstring and straitjacket... and cripple" the Ohio EPA's ability to limit health-threatening pollution and would add to Ohio's air pollution from factories and coal-burning power plants, said spokesman Jack Shaner.

"If this bill passes as introduced, Ohio might as well fly a white towel instead of state flag over the state capitol," Shaner said. "This is the wrong state and the wrong time to throw in the towel on clean air."

He called the legislation the "bad-air bill."

The legislation is necessary to provide more predictability for Ohio industry and is seen as a needed economic tool, said Linda Woggon, vice president of government affairs for the Ohio Chamber of Commerce.

She said she did not see the legislation as weakening Ohio's clean-air rules but instead it would streamline and synchronize Ohio's rules.

It is "an important step... to allow business more predictability" in locating and expanding in the state, she said.

The legislation will provide clarity for Ohio industry and will "remain environmentally neutral and not increase pollution," said Kevin Schmidt of the Ohio Manufacturers Association.

The legislation is needed to provide "clarity, transparency and predictability" for Ohio companies, but it will not weaken air rules, he said.

Ohio must regulate 188 toxic air chemicals under the federal Clean Air Act. But Ohio -- one of 39 states to do more -- deals with nearly 700. Under the proposal, Ohio could opt to monitor only the federally mandated air toxins or it could choose to impose limits on additional pollutants.

Ohio in 2003 was No. 1 in the United States for releases of toxic chemicals into the air, with 132 million pounds.

Last week, a national asthma group named five Ohio cities -- Canton, Cleveland, Youngstown, Toledo and Cincinnati -- among the 20 most challenging cities in the country for asthmatics.

The bills would also exempt industry from citizen suits alleging nuisances from air emissions.

Groups including the Ohio Chamber of Commerce and the Ohio Manufacturers Association are supporting the legislation introduced by Sen. Robert Spada, R-North Royalton, and Rep. Chris Widener, R-Springfield. Both bills have had initial hearings in the legislature.

Other sponsors include the Ohio Chemical and Technology Council, the Ohio Petroleum Council, the Ohio Paint Council, the Ohio Cast Metals Association and the National Federation of Independent Business -- Ohio.

Industry is also pushing to bar the Ohio EPA from requiring that best-available technology be installed at new or remodeled factories and plants. Instead, Ohio would be required to adopt federal pollution standards that are less restrictive. At the moment, that proposal is not part of the legislation, but it may be added later, both sides said.

That is "one of the more egregious" requests from industry, said John Paul, director of the Regional Air Pollution Control Agency in Dayton and president of a national organization of air pollution control officials.

He said the legislation is being pushed under the guise of Ohio modernizing its toxic air rules, when it's really not needed.

He said he was "troubled by the legislation and by the push to make it even weaker."

Shaner pointed out that one gubernatorial candidate, Republican Kenneth Blackwell, Ohio's secretary of state, has proposed that Ohio's environmental laws should be no more stringent than federal rules.

The Ohio EPA has concerns with the proposal and is in negotiations with legislators and industry to resolve them, said agency director Joe Konchelik.

The bill as written could result in additional pollution but the hope is that the negotiations will change that and have no negative environmental or health impact, he said.

Bob Downing can be reached at 330-996-3745 or bdowning@thebeaconjournal.com

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Copyright (c) 2006, The Akron Beacon Journal, Ohio

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Source: Akron Beacon Journal (Akron, Ohio)

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