EPA MUST AUDIT

LOUISIANA’S AIR POLLUTION BANK

BACKGROUND

· In 1990 Congress amended the Clean Air Act to require all large sources of air pollution to obtain a Title V permit for operation.

· EPA categorizes air quality in 2 ways: 1) attainment and 2) nonattainment. An attainment area meets the EPA’s minimum health protection standards. A nonattainment area does not meet the standards.

· The Baton Rouge area does NOT meet minimum health protection standards of the federal Clean Air Act for ozone pollution.

· Because Baton Rouge is a nonattainment area LDEQ is required by law to impose air emissions “offsets,” OR huge reductions in air pollution, in order to reduce the amount of pollution in the air.

· To initiate these reductions LDEQ uses a “banking system.” This “bank” is supposed to keep track of the amount of reductions in pollution in the form of “credits”.

· Pollution “credits” are supposed to be deposited into the bank when facilities reduce the amount of pollutants they emit into the air. “Credits” can then be withdrawn from the bank at the time they are going to be used IF the “credits” are based on reductions that are above and beyond that required by law.

PROBLEM

· LDEQ has not followed the Clean Air Act guidelines for the banking of pollution credits.

1) LDEQ is banking a variety of types of pollution even though only specific types of pollution can be banked under the Act.

2) LDEQ admitted two years ago that its banking database is inaccurate but has NOT made any effort to correct the problem.

3) LDEQ has allowed facilities to use credits to meet federal laws and then allowed them to bank those same credits so they can create more pollution in the future.

· MORE and MORE Title V air permits are proposed each week. LDEQ is not following the law and permits for more air pollution are being issued. Baton Rouge’s air quality will not improve if LDEQ continues to act in this way.

CONCLUSION

· LDEQ has a duty under federal and state law to protect its citizens from dangerous air pollution. LDEQ’s decision not to follow EPA’s guidelines violates the health, safety, and welfare of the people.

· In order for the Baton Rouge area to meet federal and state health protection standards, EPA MUST prohibit LDEQ from allowing facilities to use credits currently in the bank AND audit the banking program.

PLEASE JOIN THE LOUISIANA ENVIORNMENTAL ACTION NETWORK IN THIS PETITION TO AUDIT THE STATE OF LOUISIANA’S AIR POLLUTION BANK

TO CONTACT LEAN: CALL 225.928.1315 OR E-MAIL lean007@aol.com