DATE: Sunday, August 17, 1997               TAG: 9708170079

SECTION: LOCAL                   PAGE: B7   EDITION: FINAL 

SOURCE: ASSOCIATED PRESS 

DATELINE: RICHMOND                          LENGTH:   46 lines

EPA HOLDS OFF ON TAKING OVER STATE DEQ PROGRAMS

Federal officials said they will hold off on their threat to take over Virginia's environmental programs, although they remain concerned about the state's ability to enforce anti-pollution laws.

The Environmental Protection Agency recently demanded answers to 16 questions about the reorganization of the state Department of Environmental Quality. The DEQ answered them July 25.

But in a letter to DEQ director Thomas L. Hopkins, the EPA questioned whether the restructuring will further hinder an agency already under fire over what federal officials have called lax enforcement of pollution laws.

W. Michael McCabe, regional EPA administrator, has requested a meeting with DEQ officials to discuss the concerns.

``One of EPA's primary concerns . . . is (Virginia's) ability to take prompt, vigorous and consistent enforcement actions,'' McCabe wrote.

As an example of why the EPA is so concerned, McCabe cited the case of meatpacker Smithfield Foods Inc., which was hit Aug. 8 by a federal judge with a $12.6 million fine for violating clean water laws - the largest such fine ever imposed in the United States.

``The Smithfield case underscores EPA's concerns that the commonwealth has not been able to adequately address significant (water pollution) violations,'' McCabe said.

McCabe kept open the possibility of a federal takeover of Virginia's enforcement program, something he said has occurred only twice in EPA history. He said that he is worried about the state's willingness to enforce anti-pollution laws.

Hopkins was unavailable for comment.

Julie Overy, a spokeswoman for Gov. George F. Allen, said she felt confident that the EPA would not take over the state's programs.

``The DEQ and the administration are committed to protecting the environment and upholding the law,'' she said. ``So long as we continue to do that, EPA should have no reason to take any action like that against the state.''

The DEQ restructuring has been criticized by legislators, environmentalists, and even some business groups that have enjoyed a friendly relationship with Allen's environmental agency.

Critics say the restructuring was unnecessarily disruptive and that some employees could be shifted to jobs for which they are not well qualified.

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