Monday, January 31, 2000
Emissions program is up in air
Ky. officials study legislation
BY TERRY FLYNN
The Cincinnati Enquirer
NEWPORT — Members of the Campbell County Fiscal Court agree in their dislike of the tailpipe emission testing program in Northern Kentucky, but they are less than unanimous in their ideas of how to deal with the program.
During a discussion about legislation proposed by State Rep. Joe Fischer, R-Fort Thomas, the four members of the fiscal court each had a differing view of how to proceed if the legislation becomes law.
Mr. Fischer's legislation would permit the three counties — Boone, Kenton and Campbell — to decide to opt out of the state emissions program, which is actually mandated by the federal Environmental Protection Agency.
And that mandate, backed up by the threat of EPA sanctions which could halt the flow of federal highway dollars to the area, is the reason Campbell County can't just pull out of the testing program, said Commissioner Bill Verst.
“We can't afford to lose federal money over this,” he said.
“I've never been in favor of the tailpipe testing, but the legislation Mr. Fischer proposes is a constitutional issue that doesn't protect us from EPA sanctions. The EPA can play hardball any time they want.”
Commissioner Roland Vories was unconvinced.
“I've said it before, and I'll say it one more time,” Mr. Vories said, “I will vote to opt out of the testing program. It's stupid and serves no purpose, and I've always been against it. The state should never have started it.”
Mr. Vories said that situa tions described to him involving other cities make him believe that, in fact, the EPA would not and could not impose sanctions.
“It would require the Senators and Congress and heads of the various departments of federal government to make that happen,” he said.
Not so, said Mr. Verst. “The Senate and Congress have nothing to do with this,” he told Mr. Vories. “The sanctions can be handed down when the EPA decides to do it. They don't have to seek permission from anyone.”
Judge-executive Steve Pendery and Commissioner Dave Otto, also opponents of the current testing, said they wanted a lot more information on what has and hasn't happened in other cities that tried to halt tailpipe testing, and they wanted to review Mr. Fischer's bill.
“We need to know all we can about this issue before the bill comes to a vote in Frankfort,” Mr. Pendery said. “If this is left up to the counties, we have to make a decision based on the best information we can get.”
Mr. Otto said the county might also consider giving voters the final decision on whether to pull out of the testing program, if the state legislation is approved.
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