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Sunday, May 24, 2009

Environment - "Feds warn state agency on pollution enforcement"

Mark Wilson reports in the Evansville Courier & Press:

U.S. Environmental Protection Agency officials say they will watch Indiana closely to make sure it enforces environmental regulations appropriately.

That comes in the wake of concerns about changes the Indiana Department of Environmental Management announced in December.

The EPA sent a letter to IDEM Commissioner Thomas Easterly on Thursday summarizing local officials' and environmentalists' concerns and saying it will "monitor, among other things," how the state implements its federally authorized, delegated or approved programs "in light of the changes you are implementing."

But there is little the federal government can do to dictate how state governments enforce environmental regulations and administer their agencies as long as they meet the EPA's expectations for enforcement, said Cheryl Newton, director of the air and radiation division for EPA's Region 5, which covers Indiana. * * *

After meeting with EPA officials in February, IDEM broadened how it described what it considers the most serious environmental violations.

Originally, the state's new policy included as the most serious violations those causing an "actual" threat to human health, safety or the environment. At the EPA's suggestion, the state dropped the word "actual."

"Our belief is that threats come in all kinds, and waiting until there is an 'actual' threat is too narrow an approach," Newton said.

The new policy was open for public comment March 2-April 16 and must be approved by four state environmental boards before it is final.

In addition to changing its policy for enforcing environmental regulations, IDEM did away with its Office of Enforcement and cut ties with local air quality agencies such as Evansville — all with little notice.

Instead, enforcement officers were reassigned to work in the agency's land, air and water divisions. Rather than contracting with Evansville to do inspections and oversee a network of air monitors, the state has taken on that job itself.

Although EPA officials were satisfied with IDEM's assurances, the letter noted that EPA had received a number of concerns about Indiana's intent and transparency, including lack of notice and better input on policy and program changes.

"It is our expectation that you will implement the necessary steps to overcome these perceptions and ensure a high level of communication and openness in the state's programs," wrote Bharat Mathur, the EPA's acting regional director.

Posted by Marcia Oddi on May 24, 2009 05:42 PM
Posted to Environment