ADEQ Moving Forward With New Air Testing Law Despite Concerns

From Rob Moritz with our content partner, the Arkansas News Bureau:

The director of the Arkansas Department of Environmental Quality says a new state law will put the state’s air quality regulations at odds with federal law and the consequences could be painful to state economic development.

Business and industry representatives disagree, arguing there is already an over-reliance on the use of the air modeling test and the process has hamstrung industries in recent years when they attempt to expand, increase production or change equipment.

“Even (the federal Environmental Protection Agency) has recognized that an over-reliance upon modeling is not the right approach,” said Randy Thurman, executive director of the Arkansas Environmental Federation, an association of about 300 manufacturers, utilities, local governments, solid waste districts, universities and service providers.

The Legislature this year passed, and the governor signed into law, Act 1302, which prohibits ADEQ from conducting its own computerized modeling to determine the air quality impact of a new factory or plant. Under the amendment to the state’s air-pollution regulations, ADEQ must rely solely on air pollution monitoring stations across the state. There are 15 such stations in Arkansas.

ADEQ Director Teresa Marks, who spoke against the proposal during the legislative session, said last week the department is moving forward with implementation of the law, through it could have negative consequences on the state’s desire to develop and expand industry.

“It’s the law, so we’re going to enforce it to the best of our ability and … this may put us in between our law and EPA,” Marks said, adding that the federal agency could deny air permits and “the ultimate sanction would mean that they would remove our delegated program, which means they say, ‘We’re taking over (because) you guys aren’t doing it right.’

“That means you have an industry that is either trying to expand or trying to operate and they can’t get their permit approved ,and that’s a big concern of ours,” she said.

The permits can be for anything, from a furniture factory to a steel mill, she said.

Read more at this link.