Earth Equity News

'A Huge Victory for Everyone Who Breathes'. CommonDreams.org, August 19, 2008. "[By a 2 to 1 decision, the U.S. Court of Appeals for the D.C. Circuit yesterday] struck down an EPA rule [exempting] major industrial polluters from accurately measuring dangerous emissions. The court held that EPA violated the Clean Air Act in allowing the largest air pollution sources to avoid monitoring, recording and recordkeeping of air pollution emissions needed to assure compliance with clean air laws. The EPA rule actually barred permitting agencies from requiring any of these activities in clean air permits. Earthjustice challenged the 2006... rule on behalf of the Environmental Integrity Project, Environmental Defense Fund, Natural Resources Defense Council and Sierra Club. The rule specifically prohibited permitting authorities -- predominantly state agencies -- from including stronger air pollution monitoring requirements in permits for approximately 18,000 major stationary pollution sources, even where needed to guarantee compliance with emission limits. 'This is a huge victory for everyone who breathes,' said Earthjustice attorney Keri Powell who argued the case in court. 'We can't have strong enforcement of our clean air laws unless we know what polluters are putting into the air'... The court ruling impacts emission monitoring requirements for thousands of facilities subject to 'Title V' operating permits. The decision means that... enforcement agencies can now look forward to regular access to reliable monitoring data demonstrating whether large factories, power plants, cement kilns, incinerators and other facilities are polluting the air illegally."