A.G. Cooper Urged To Take Legal Action To Protect NC Air Quality

(26 February 2003 - Raleigh)  Environmental Defense today urged N.C. Attorney General Roy Cooper to file a lawsuit on behalf of the state against the U.S. Environmental Protection Agency (EPA) to block proposed changes to the federal New Source Review (NSR) program under the Clean Air Act.  Ten states have already filed suit to keep the EPA from rolling-back NSR controls that reduce emissions of harmful pollutants.  North Carolina has until February 28 to file a suit.

“NSR protections have been instrumental in safeguarding North Carolina’s air quality for more than 25 years, and the state has just days to add its voice to the chorus of states that oppose any weakening of federal Clean Air Act protections,” said Michael Shore, southeast air quality manager for Environmental Defense.

“The proposed changes to NSR controls will enable manufacturing facilities located in North Carolina and utilities in upwind states to increase pollution. Under the provisions of the North Carolina Clean Smokestacks Act, the state is authorized to use all available resources, including lawsuits, to protect air quality.  Suing the EPA is something North Carolina leaders should do to ensure the state is taking all necessary steps to protect the public health,” said Shore.

Announced in November 2002 and made official on New Year’s Eve, the Bush administration’s NSR rollback broadly exempts power plants and industrial facilities nationwide from long-standing federal air pollution controls.  Health protections under the NSR program have historically required power plants, refineries, steel mills, chemical plants and other large industrial sources that lack modern pollution control systems to update their pollution reduction technology when they take action that significantly increases air pollution.