THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, February 16, 1995 TAG: 9502160394
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MAC DANIEL, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: Medium: 63 lines
The Hampton Roads Planning District Commission sent a strong message to the U.S. Environmental Protection Agency on Wednesday, saying a recent change in the region's air quality status would cause undue economic hardship and could be illegal.
The commission asked its attorneys to prepare for legal action should the EPA refuse to reconsider.
``I find it difficult, given the economic ramifications for the area, not to take a harder line,'' said Joe S. Frank, a commission member who is a councilman in Newport News.
The EPA downgraded Hampton Roads' air quality from a ``marginal'' pollution zone to a ``moderate'' one on Jan. 17, which under federal law would trigger mandatory tailpipe emissions tests for all cars and trucks.
No testing can begin before it is authorized by the General Assembly, however.
The EPA has ordered the area to reduce the amount of pollutants that cause smog by 15 percent by late 1996.
If the region refuses to comply, the state could lose as much as $400 million in federal highway funds.
Just before the EPA issued its formal ruling, Gov. George F. Allen sued the EPA over its interpretation of the Clean Air Act, which governs air quality for the nation.
Richmond is also considered a moderate pollution zone and Northern Virginia is rated as ``serious.''
The Allen administration has been butting heads with the EPA since taking office, saying the federal government should not exert such control over the states.
The planning commission had until today to reply to the EPA.
Its letter asks the EPA to reconsider the region's recent reclassification.
Smog levels in Hampton Roads have exceeded federal health standards only six days over the past four years and not once all of last year, according to the commission.
``We believe the pro-active measures implemented and planned by the local governments . . . will ensure that the area will reach attainment faster and more economically than through imposing additional costly and unnecessary regulations,'' the commission's letter contends.
The EPA used old data in researching the area, the commission wrote, asking the EPA to rely on more recent data. The letter also pointed out that the region's ozone level is declining and said that the required regulatory and legal process was not followed by the EPA.
In addition, the commission said the economic hardship of the new regulations would fall heavily on the region.
The commission estimated that an average family of four would have to pay an additional $185 per year as a result of the rules.
``Overall,'' said the letter, ``this equates to an annual economic burden of over $100 million.''
KEYWORDS: AIR POLLUTION by CNB