THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, December 1, 1994 TAG: 9412010459
SECTION: LOCAL PAGE: B9 EDITION: FINAL
SOURCE: BY DAVID M. POOLE, STAFF WRITER
DATELINE: RICHMOND LENGTH: Short : 45 lines
The Allen administration was put on notice Wednesday that Virginia must give its citizens a chance to challenge air-pollution permits or face sanctions under the federal Clean Air Act.
Gov. George F. Allen said he would fight the ruling by EPA Regional Director Peter H. Kostmayer in Philadelphia.
Conservationists countered that Allen would be wasting taxpayer money to appeal an EPA decision giving citizens legal ``standing'' to challenge air-pollution permits which they believe would endanger their health or property.
``In all this cry to return government to the citizens, this is a case of the federal government helping the little guys in Virginia,'' said Kay Slaughter, an attorney with the Southern Environmental Law Center in Charlottesville.
At issue is a Virginia law allowing citizens to go to court to block an air-pollution permit only if they can show immediate, financial loss.
Kostmayer said the law is too restrictive and does not comply with a Clean Air Act requirement for public participation.
``EPA believes it is imperative that public participation play an integral role in governmental processes aimed at protecting human health and the environment,'' Kostmayer said in a letter dated Wednesday.
Under the order, Virginia has six months to submit an acceptable air-permit program or face the possible loss of federal transportation funds or restrictions on new industries.
Slaughter said she expects the General Assembly to comply with the order when it convenes in six weeks.
``I think this is the kind of backbone the General Assembly has been looking for,'' she said.
But Becky Norton Dunlop, Virginia's secretary of natural resources, said the Allen administration was studying an appeal through an administrative remedies, a lawsuit or legislation from the new Republican-controlled Congress. by CNB