Ohio may set its own air-pollution limits
By Randall Edwards
Copyright 1999 Columbus Dispatch
January 16, 1999
The Ohio 
EPA is disregarding a federal mandate and is moving forward with
its own plan, 
which will allow the state's power plants to continue putting out
air pollution 
that exceeds new federal limits. 
The mandate gives states until September to develop a plan
to reduce by 85 
percent the nitrogen oxides from power plant and smokestack
emissions. The cuts 
were ordered last October by the U.S. 
Environmental Protection Agency as part of a national plan to
combat the transport of smog-producing ozone 
from the Midwest to downwind states with serious urban smog
problems. 
Ohio and other Midwestern 
states - saying the reductions will cost millions of dollars and
have little 
impact on Eastern smog - went to court last month to fight the
federal rules. 
In a letter last week, the Ohio 
EPA's top air-pollution officials said the state agency will
further 
challenge the federal authority by creating a plan to reduce
emissions by only 
65 percent.  
Ohio's plan reflects a proposal made last year by governors
of six states who 
asked the U.S. 
EPA to consider a 65 percent reduction and additional studies to
determine whether 
more cuts are needed. 
Nitrogen oxides, byproducts of coal combustion, mix with
hydrocarbons in 
sunlight to create ozone, a principal ingredient of urban smog.
Studies have 
shown that better controls on Midwestern smokestacks would have a
significant 
impact on East Coast smog. The pollutants would be reduced by a
small 
percentage, but in some cases it would be enough for 
cities to meet federal standards. 
In some cities closer to Ohio, the reduction could be
substantial. 
''We feel that this is a strong commitment to address the
transport issue, 
while protecting the health of Ohioans and our neighbors in western
Pennsylvania and other Eastern states,'' Robert Hodanbosi, chief of
the Ohio 
EPA's division of 
air-pollution control, wrote. 
Hodanbosi's letter was mailed to industry, environment and
government 
representatives who were planning to participate in public debate
on the new 
rules. Because ''policy decisions have been made,'' however, and
the federal 
deadline is looming, those debates won't take place, an 
EPA spokeswoman said yesterday. 
The 
decision to fight the federal limits was made by former Ohio 
EPA Director Donald Schregardus, former Ohio Gov. George V.
Voinovich, Hodanbosi 
and other top agency officials before Voinovich left office,
spokesman Carol 
Hester said. 
''We don't think the rule complies with the 
Clean Air Act, and we don't think the U.S. 
EPA has the authority to dictate to the states how they should
control 
emissions,'' Hester said. 
U.S. 
EPA officials could not be reached for comment late yesterday
afternoon, but 
environmental groups were incensed, by both the decision to fight
the federal 
rule and the 
cancellation of a series of planned meetings to discuss the rules. 
The Ohio 
EPA has bowed to the utility industry's pressure from the beginning
of the ozone 
transport debate, said Kurt Waltzer, energy program director for
the Ohio 
Environmental Council. 
''We have been trying to work with the Ohio 
EPA and the utilities to come up with a 
plan that is made for Ohio,'' Waltzer said. Led by Voinovich's
outspoken 
opposition to new air-pollution controls, however, the state has
consistently 
opposed efforts to reduce smog-producing pollutants from power
plant 
smokestacks, he said. 
If the state fails to meet the federal mandate by
September, the U.S. 
EPA could impose its own plan on Ohio, Waltzer said, and
environmental groups 
would be supportive. 
''We want to see an effective Ohio-based plan because it
makes sense for Ohio, 
but if the Ohio 
EPA ignores the federal rule, we would support U.S. 
EPA intervention.'' 
Federal intervention is 
possible, Hester said, but state officials say they will wait for
the results 
of the court appeal before they worry about the U.S. 
EPA. Ohio Attorney General Betty Montgomery filed the petition in
U.S. Court of 
Appeals in Washington in December, joining Michigan and 
West Virginia in asking the court to overturn the rules.  
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