EPA Threatens to Revoke State Authority

WBRZ reports that the EPA has threatened to revoke DEQ's primacy over pollution enforcement if the agency does not agree to major changes by the end of next month.

The measures required by the EPA include:

- A commitment to dramatically reducing DEQ's backlog of water permits for major pollution sources within a year, and for minor pollution sources within two years. The state is behind in issuing renewals and new permits for 38 percent of its major permits and 49 percent of its minor permits.

- Changes in state rules to make sure companies violating water quality rules don't make money from doing so. In the past, DEQ did not always try to find out how industries profited from breaking pollution regulations. Now, fines must attempt to recoup those profits.

- Limits on letting companies substitute environmental improvement projects for the payment of fines. Environmental groups have complained that some companies were allowed to construct changes in their pollution control equipment that might be required under the law, or build wetlands restoration projects, instead of paying hefty fines.

- An agreement to complete enforcement actions by taking violators to court or completing administrative appeals within one to two years. An audit last year by former Legislative Auditor Dan Kyle charged that many cases never were taken to court, or were delayed for years.

Posted by AJR at February 17, 2003 08:16 AM