THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: FRIDAY, June 17, 1994 TAG: 9406170579
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MAC DANIEL, STAFF WRITER
DATELINE: 940617 LENGTH: Medium
Under the EPA's guidelines, anyone who has participated in public comment on an application for an air-pollution permit can appeal that permit in state court.
{REST} But Virginia's appeals process requires that only people who can show an ``immediate, pecuniary and substantial interest'' in the permit can appeal.
``It's a very very narrow legalistic requirement,'' said Roy A. Hoagland, Virginia assistant director and staff attorney for the Chesapeake Bay Foundation, an environmental advocacy group.
``The Virginia law is at the other end of the spectrum. The Virginia law says citizens should not have a right to protect their environmental resources and only a small subset of Virginia citizens should be able to get into that process.''
The EPA ruling, to be published today in the Federal Register, says that state law restricts citizens' rights to challenge air-pollution permit decisions. The ruling give Virginia time to change its ways, but if the state fails to comply it could be hit with sanctions.
Becky Norton Dunlop, Virginia secretary of natural resources, said Thursday that she didn't expect the state to change its appeals process in response to the ruling.
``If the EPA decides they want to impose their views on the commonwealth, then we do have a potential butting of heads,'' Dunlop said, ``And if our position remains the same and the EPA's remains the same, then a federal court could see us.''
A 30-day public comment period begins today. If the state should ignore the warning, the EPA could cut off federal highway dollars to Virginia, said Lisa Donahue, an environmental scientist with the EPA's regional office in Philadelphia. It could also restrict pollution output in cities that have failed to meet air quality standards.
The worst case scenario? The state could lose its authority to run its Clean Air program, forcing industry throughout the state to seek permits from the federal government, Donahue said.
The EPA must make a final decision by Nov. 15.
``It is a very serious step that the EPA has taken,'' said Hoagland. ``It's an ultimatum. It's saying `Virginia, you're not in compliance.' ''
Kay Slaughter, an attorney with the Southern Law Environmental Center in Charlottesville, said Virginia is the only state in the nation to have such restrictive appeals laws.
The federal Clean Air Act of 1990 requires all states to submit an operating permit program to the EPA. The EPA then reviews the programs and determines whether they meet federal standards.
In Virginia's case, the EPA has ruled that the state's appeals process is too restrictive,
Hoagland and other environmentalists had argued that Virginia's citizens have little voice in the regulatory process. State law limits citizens' ability to sue or challenge the decisions of environmental regulators.
``Virginia officials want to make their own way with these federally delegated programs,'' said David S. Bailey, a senior attorney with the Environmental Defense Fund.
``It's a little bit like a driver's license. If you want to drive, if you want to participate in the program, you have to abide by the rules. If Virginia simply does not want to meet that criteria, then they do not deserve that privilege.''
by CNB