WildEarth Guardians

Wednesday, September 9, 2009
WildEarth Guardians Files Suit to Eliminate Illegal and Dangerous Loophole in Utah Air Quality Regulations

Environmental Protection Agency Called on to Require Utah to Protect Clean Air, Eliminate "Breakdown" Exemption
Contact: Jeremy Nichols (303) 573-4898 x1303

DENVER - WildEarth Guardians today filed suit against the U.S. Environmental Protection Agency to require the State of Utah to eliminate an illegal and dangerous loophole in its air quality regulations. The loophole, which exempts compliance with clean air laws during "breakdowns," allows polluters to endanger public health and avoid compliance with fundamental clean air safeguards.

“With Utah's health at stake, the last thing we need is a loophole allowing more pollution,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. “We need clean air, not exemptions that can put our kids and our families at risk.”

The exemption allows polluters to avoid compliance with any and all state and federal clean air laws and regulations, regardless of threats to public health and welfare. As early as 1978, the EPA has stated that exemptions to the Clean Air Act, even during breakdowns, are illegal.

In December of 2007, the group Rocky Mountain Clean Air Action, a nonprofit organization dedicated to protecting clean air in the Rocky Mountain region petitioned the EPA to force Utah to eliminate the loophole. Since that time, Rocky Mountain Clean Air Action merged with WildEarth Guardians, a nonprofit environmental group dedicated to protecting and restoring the American West. The EPA still has not responded to the 2007 petition, so WildEarth Guardians has filed suit to force a ruling.

“Breakdowns are preventable through regular maintenance, upgrades, and better planning,” said Nichols. “The EPA needs to follow through and respond to this petition to ensure polluters are fully safeguarding public health and welfare in Utah.”

Several memos obtained from the EPA indicate that the State of Utah has known that the breakdown loophole has been illegal for a number of years. In a December 2002 publication in the Federal Register, the State of Utah committed to eliminating the loophole. Seven years later, this loophole continues to exist. The EPA commented in one 2006 memo, "Utah has been advised on a number of occasions that the unavoidable breakdown is not consistent with EPA's interpretation of the Clean Air Act[.]" (see, http://ourcleanair.org/uploads/08-02-06_EPA_Permit_Comments_and_Breakdown.pdf.)

"No more breaks for breakdowns," said Nichols.

The lawsuit comes as Utah is in the midst of planning a massive clean up of its fine particle pollution, or PM-2.5. Every year, about 2,000 Utah die prematurely because of PM-2.5 pollution. Exposure to unhealthy PM-2.5 shaves two years from the lives of people who live in it, about the same as smoking five cigarettes a day.

The EPA has designated the Cache Valley and the Wasatch Front from Ogden south to Provo as “dirty air” areas because of violations of PM-2.5 standards. This designation puts the areas on the road to clean up. Eliminating the “breakdown” loophole will be the first step toward securing clean air safeguards for northern Utah.

Utah's "breakdown" loophole can be downloaded online at http://www.rules.utah.gov/publicat/code/r307/r307-107.htm. The original petition requesting the EPA force the State of Utah to eliminate the breakdown loophole can be downloaded here.