Tuesday, February 01, 2000
Ohio EPA under federal review
Agency accused of being friendly to polluters
BY BEN L. KAUFMAN
The Cincinnati Enquirer
Responding to a petition from persistent activists, the Environmental Protection Agency (EPA) has begun an unprecedented probe of claims that Ohio EPA is too cozy with polluters.
Bertram C. Frey, deputy counsel for EPA's Chicago-based Region V, confirmed Monday that this is the agency's first simultaneous review of any state's air, water and hazardous waste programs.
EPA investigators will spend at least this month doing document reviews and interviews on ways that Ohio EPA sets standards, writes permits and enforces pollution limits. The state agency is charged with enforcing standards in partnership with the federal EPA.
“There's a lot of factual material that we have to review,” Mr. Frey said.
After that, Ohio EPA, crit ics and the public will have opportunities to comment on the findings before a final report is written.
That will take months, Mr. Frey said.
Ultimately, EPA could revoke the Ohio EPA's authority and funding, leave it intact or negotiate changes. For now, EPA is leaving Ohio EPA's authority intact.
Mr. Frey said the Ohio EPA and attorney general have promised full cooperation.
The EPA is investigating about 100 allegations in various areas. Key among them: that the state EPA has allowed too many companies to discharge more pollutants into the air and water than their permits allow without taking action.
Ohio EPA spokeswoman Heidi Griesmer said allegations in the activists' petition for an investigation “have no merit,” and the time colleagues will spend responding could have been spent on enforcement.
Ms. Griesmer also said regional EPA officials never expressed any concerns about those same programs during reviews before annual grant renewals.
Groups whose much-amended petition provoked the probe were upbeat but cautious.
“We expect and hope that USEPA will do a comprehensive review of these federally delegated programs,” said Amy Simpson, state director for the Ohio Public Interest Research Group. “They are very, very serious about this.”
The initial petition was filed in early 1997 by Sierra Club's statewide chapter, Ohio Citizen Action, Ohio Environmental Council and Rivers Unlimited.
Amended three times, it still demands that EPA withdraw Ohio EPA authority to set standards, write permits and enforce regulations under the Clean Air Act, the Clean Water Act and the Resource Conservation and Recovery Act.
“That gets their attention,” said Marilyn Wall of Glendale, spokeswoman for the Sierra Club.
“What we want is laws enforced,” added L.H. “Mike” Fremont, her husband and spokesman for Rivers Unlimited.
They said a meeting at EPA in Chicago last month left them optimistic about the probe and likelihood of federal insistence on more aggressive Ohio pollution control.
“They would have a hard time ignoring the information that we've given them and their own experience with Ohio EPA,” Ms. Wall said.
In the three years since the original petition was filed, Ohio PIRG has been substituted for the environmental council.
Sandy Buchanan, executive director of Ohio Citizen Action in Cleveland, also was cautious. “We're very happy that they're doing the probe, but we want to make sure they are getting the whole story.”
That would include listening to people living near factories that Ohio EPA treats as “customers” instead of “regulated industries,” Ms. Buchanan said. Too often, she added, residents find themselves “battling Ohio EPA” as well as polluters.
“We feel that our case is very strong,” Ms. Buchanan said, but if the federal agency maintains its tradition of cajoling Ohio EPA into cooperation, “We could sue USEPA for failing to do their duty.”
EPA has too few people to take over, but Ms. Buchanan said EPA could withhold funds from Ohio EPA and expand the federal staff and do the job. “They give them a whole lot of money and they're not getting their money's worth.”
The critics expressed confidence in Mr. Frey's commitment to a fair review of Ohio EPA's handling of federal pollution laws, but precedent left niggling doubts.
Mr. Fremont recalled his 1976 effort when Rivers Unlimited invoked federal authority to win promises of more aggressive Ohio EPA control of water polluters.
EPA provided more money and Ohio EPA promised to do more, he recalled. Did it work out? “Probably not.”
Mr. Frey said previous problems have been resolved short of withdrawing authority from Ohio EPA. Moreover, EPA never has withdrawn any state's authority to administer federal laws in the Midwest.
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