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PENNSYLVANIA SUES FEDERAL AGENCIES OVER CLEAN AIR REGULATIONS

 PENNSYLVANIA SUES FEDERAL AGENCIES OVER CLEAN AIR REGULATIONS
 HARRISBURG, Pa., Sept. 23 /PRNewswire/ -- Pennsylvania has filed suit in federal court against the U.S. Environmental Protection Agency (EPA), EPA Administrator William Reilly, the White House Council on Competitiveness, and the council's chairman, Vice President Dan Quayle, charging that the agencies adopted illegal permitting regulations under the new federal Clean Air Act.
 The suit charges that the final Title V Air Quality Operating Permit Program regulations issued by EPA on July 21 are inconsistent with and violate the provisions of the federal Clean Air Act.
 The suit, filed Sept. 17 in U.S. Circuit Court in Washington, also charges that the Council on Competitiveness illegally forced EPA to amend the final Title V regulations before they were published in order to restrict public involvement and regulatory control over the permit program.
 New York, Connecticut, Maine, Vermont, New York City and the San Bernardino, Calif. County Air Pollution Control District have filed separate lawsuits against the EPA challenging the permit regulations. A similar suit has been filed in federal court by the National Resources Defense Council, the Sierra Club and the Environmental Defense Fund.
 "Pennsylvania's recently enacted amendments to the state Air Pollution Control Act clearly call for public participation in both the development and implementation of regulatory programs," said state Secretary of Environmental Resources Arthur A. Davis. "EPA's revised regulations would allow significant increases in the amount of air pollutants a facility could legally emit, without public involvement.
 The suit also charges that EPA's revised rules would allow facilities to rewrite and implement their own permit conditions without any public comment or approval from the commonwealth.
 In addition to the issue of public participation, the revised regulations restrict the ability of state and local air pollution programs to ensure that operators are complying with permit requirements.
 The suit alleges the regulations would allow a facility to change both the amount of pollutants emitted as well as its system of recordkeeping to ensure that required emission limits were being met. Under certain circumstances, the revised regulations even would allow a facility which violates its permit requirements to avoid responsibility and liability for the violations.
 "These provisions are inconsistent with Pennsylvania's Air Pollution Control law and are not authorized by the federal Clean Air Act Amendments of 1990 as passed by Congress," Davis said. "The revised regulations clearly undermine the role of the public in decisions concerning emissions of air pollutants."
 Pennsylvania's suit seeks the court's assistance in restricting the White House Council on Competitiveness from changing EPA regulations before they are published as final rules.
 /delval/
 -0- 9/23/92
 /CONTACT: Susan Rickens or Pam DiSalvo of the Department of Environmental Resources, 717-787-1323/ CO: U.S. Environmental Protection Agency; Pennsylvania Department of
 Environmental Resources ST: Pennsylvania IN: SU:


MJ -- PH025 -- 2638 09/23/92 12:20 EDT
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Date:Sep 23, 1992
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