ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Monday, January 8, 1996 TAG: 9601080026
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: CATHRYN McCUE STAFF WRITER
BUSINESSES believe they are caught in the middle in a conflict between the state and U.S. governments.
Bruno Maestri has done just about all he can do. As director of environmental protection for Norfolk Southern Corp., he now waits to see what the federal bureaucrats, state politicians and a few judges will do.
He's not alone. The 350 largest industries in Virginia know they will have to get new air pollution permits, but the details are tangled in a legal web.
"We just want to know what the requirements are, and comply," Maestri said. "It leaves a big hole."
Keeping up with the Environmental Protection Agency's frequently changing rules is difficult enough, environmental managers say. Then the Allen administration filed suit last year against the EPA over the program, guaranteeing even more delays.
"It's a very confusing situation for the regulated community," said Carol Wampler, environmental specialist with the Virginia Manufacturers Association.
Under the federal Clean Air Act of 1990, major sources of air pollution must get an operating permit that puts in one place, for the first time, all the emission standards and control requirements that apply to their particular facilities. The idea is to enable owners and regulators to more easily monitor and reduce pollution.
To meet certain deadlines, the state has passed emergency regulations twice. But no one has applied for a permit, because the EPA hasn't approved the regulations, said Charles Ellis, a program planner with the state Department of Environmental Quality.
Aside from a few technical problems, the EPA's chief complaint is that Virginia's law defining who can challenge air pollution permits in court is too restrictive.
The General Assembly has debated the standing issue for several years, but has gone along with pro-business groups, who say they are worried about frivolous and time-consuming lawsuits.
During the late 1980s, environmentalists challenged permits for several power plants that were proposed around the state. One company withdrew its permit, said Tom Knauer, an environmental lawyer in Richmond whose clients include Hoechst-Celanese Corp. in Giles County and other companies.
"It creates huge headaches for companies trying to get their permits," he said. "That left a very bad taste in the mouth of businesses."
Some corporate managers are getting another headache, this one politically driven.
"When you don't know what's going to happen, you're kind of out in the wings," said Steven Olp, Hoechst-Celanese's environmental and safety manager.
Both Olp and Maestri said they have spent the last couple of years gathering information they need to apply for the permits, but can go no further until they know whether they'll have to apply to the state or federal government, and what the specific requirements will be.
Maestri is concerned that in the end, when the standing issue is resolved and the air program finally is approved, industries will have only a few months to comply.
"And I would not be happy about that," he said.
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