Anyone want to prepare comments to EPA?
JBK
______________________________________________
From: David Baron
Sent: Friday, May 28, 2010 10:39 AM
To: Steve Roady; Jennifer Chavez; Emma Cheuse
Subject: West Virginia air pollution
All,
EPA has proposed to approve a West Virginia SIP that is supposed to provide for general implementation of PM2.5 standards in the state. This is not a SIP to bring nonattainment areas into attainment -- those are done separately -- but this SIP is supposed to set up the infrastructure for implementing the PM2.5 standards throughout the state, including monitoring requirements, adequate enforcement authority, adequate resources to administer and enforce permitting and other requirements, and miscellaneous other provisions. We contend that states are also required to ensure through these SIPs that they have in place adequate PSD programs for PM2.5: EPA disagrees, claiming that the states can address PSD requirements in a separate SIP.
I have not followed the West Virginia air program, but thought you might want to pass this along to Joe, Derek and other interested folks in WV, in case they want to comment. This is a good opportunity for folks to raise any concerns they have about the adequacy of the state's air pollution control program, whether it's inadequate monitoring, deficient legal authority, inadequate resources for oversight, weak enforcement authority, or other matters. I'm planning to put together some short comments addressing some basic legal issues, but don't know enough about the state of things there to do much more than that. Relevant documents are attached. Comments are due June 16.
David ______________________________________
David Baron
Managing Attorney Earthjustice 1625 Massachusetts Avenue, NW, Suite 702 Washington, DC 20036 (202) 667-4500 Ext. 203 (phone) (202) 667-2356 (fax) dbaron@earthjustice.org mailto:dbaron@earthjustice.org