Ohio Citizen Action

WILLOUGHBY — “When it comes to doing business, everyone prefers — and respects having — a level playing field. And in Ohio, it appears as though the playing field may soon be leveled with regard to businesses and air pollution. A federal judge ruled last week that Ohio environmental regulators have violated the federal Clean Air Act by allowing thousands of low-level polluters to go without the latest air-scrubbing technology. The Ohio Environmental Protection Agency was ordered to lift an exemption the agency has been giving since 2006 to emitters of 10 tons of pollution or less per year, according to The Associated Press,” News-Herald.

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U.S. Magistrate Judge Mark Abel

COLUMBUS — “In a significant environmental decision, U.S. Magistrate Judge Mark Abel ruled yesterday that Ohio EPA has violated the Federal Clean Air Act by failing to require the use of ‘best available technology’ for thousands of air pollution sources in Ohio. Judge Abel’s ruling reversed a decision he had made in September 2009, which the plaintiffs petitioned that he reconsider. The case was brought by the Sierra Club and individual members of the Sierra Club who live near polluting facilities. They were represented in court by Cincinnati attorney David Altman.

Judge Abel issued an injunction against Ohio EPA, preventing the agency from continuing to exempt the air pollution sources from the requirement of using the best available technology to prevent pollution. The ruling affects all sources of under ten tons of dangerous air pollutants, including lead, soot, sulfur dioxide and others. These sources are found at thousands of facilities, both large and small across the state of Ohio.

Ohio EPA had implemented the new rules in response to legislation passed in August 2006. Environmental groups, including Ohio Citizen Action, have also challenged these rules at the state Environmental Reviwe Appeals Commission. That case is currently scheduled to be heard in September 2010,” Sandy Buchanan, Executive Director, Ohio Citizen Action.