THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, December 2, 1994 TAG: 9412020585
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Short : 49 lines
Virginia officials have vowed to fight a possible move by the federal Environmental Protection Agency to take over the state's air pollution permit program.
The EPA on Wednesday rejected the state's plan for issuing air pollution permits, saying the state is too restrictive of the rights of citizens seeking to block permits.
If the agency follows through on its threat to take over the program and run it from EPA's regional headquarters in Philadelphia, it would pocket up to $10 million in permit fees that otherwise would go to Virginia.
The EPA also said that if the dispute continues beyond next year, it may place tough anti-pollution restrictions on Virginia industries and block up to $466 million in federal highway money for the state.
Becky Norton Dunlop, Virginia's secretary of natural resources, said the Allen administration would fight the EPA in court, if necessary, or seek relief through Congress.
``This proves once again that the EPA did not hear the message that was sent Nov. 8'' - that voters want less governmental intrusion, Dunlop said.
The EPA said Virginia must expand the right of citizens to sue when they feel they will be harmed by air pollution.
The 1990 Clean Air Act requires each state to set up a program requiring large polluters such as factories and power plants to get permits. Virginia has a similar program now, but the new program would cover more polluters and would require greater monitoring.
Virginia's new program probably would have gone into effect next year.
The EPA's action makes Virginia the first state to have its air-permit program shot down, the EPA said. The EPA and environmentalists say Virginia's law limiting that right is the most restrictive in the nation.
The Clean Air Act requires that the right to challenge an air pollution permit be given to anyone who spoke in public hearings or participated in the process that led to approval of the permit.
The 1993 General Assembly limited the right of appeal to people who suffered an immediate and substantial financial loss. by CNB