THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, January 9, 1996 TAG: 9601090222
SECTION: BUSINESS PAGE: D2 EDITION: FINAL
SOURCE: BY THE ASSOCIATED PRESS
LENGTH: Short : 45 lines
A dispute between the state and federal governments over who should be allowed to challenge air pollution permits has left 350 of Virginia's leading industries in limbo.
``We just want to know what the requirements are, and comply,'' said Bruno Maestri, director of environmental protection for Norfolk Southern Corp. ``It leaves a big hole.''
Industry executives contend that keeping up with the Environmental Protection Agency's frequently changing rules is difficult enough. Then last year, Gov. George F. Allen's administration filed a lawsuit against the EPA over how to handle a new Clean Air Act requirement.
Under the law, major sources of air pollution must get operating permits that put in one place, for the first time, all the emission standards and control requirements that apply to their particular facilities.
But no one in Virginia has applied for a permit because the EPA hasn't approved the state's plan to restrict who can challenge a permit application in court.
Virginia has taken the pro-business side on the issue, known as standing. Industries are worried that their permits will be tied up with frivolous but costly lawsuits challenging them.
During the late 1980s, environmentalists fought permits for several power plants, and one company withdrew its application, said Tom Knauer, a Richmond environmental lawyer whose clients include Hoechst-Celanese Corp.
``It creates huge headaches for companies trying to get their permits,'' Knauer said. ``That left a very bad taste in the mouth of businesses.''
The uncertainty generated by the dispute also is disturbing, officials said.
``When you don't know what's going to happen, you're kind of out in the wings,'' said Steven Olp, environmental and safety manager at Hoechst-Celanese in Giles County. by CNB