From The Statehouse 2006 No. 12
by Jennifer Garrison
Apr. 1, 2006
STATEHOUSE ARTICLE 2006- 12
This week, Ohio Senate Bill 265, was debated in committee and on the House Floor. This bill has been called either the “bad air” bill or the “streamlining environmental permits” bill. The bill has been discussed in newspapers across the district. I have been contacted by persons in Marietta who are concerned about the bill and community members testified in opposition to the bill because they believed this would adversely affect our air.
The Ohio Environmental Council sent out a press release identifying me as the representative from the nation’s most at risk neighborhood for exposure to industrial air pollution in Ohio. In making that statement they cite an AP article published approximately 3 months ago identifying Marietta, OH as having the worst air in the nation. I have spent much time trying to get to the bottom of the conclusions in the AP report. I also understand there are real concerns about the quality of our air.
I want to share some of what I discovered. The AP report used the toxic release inventory to determine air quality. This is not a good measure by itself because it includes the disposal of all toxic waste which includes solid waste. Solid waste is not airborne and is often transported out of the area and into other states.
I have had meetings with the Ohio EPA and they also do not believe the TRI is a good indicator of air pollution and therefore the conclusion in the AP report is suspect. The Director of Ohio EPA communicated that our air is far better than it was 20 years ago and continues to get better. Additionally, the regulations are getting more stringent which means even if the air is getting better, we could be a non-attainment county.
I salute the good work of the Marietta women who stood up for what they believed in- a community with less air pollution. Because of their efforts and those of a number of House Members the bill got so much better. Ohio EPA originally had some concerns with the bill, but after these changes occurred, they were satisfied.
As for Senate Bill 265, the bill was improved by removing from the bill:
1. --if there is an ambiguity between the state regulation and the federal regulation, the less stringent regulation must be followed;
2. The provision stating, an action for nuisance against a business is no longer allowed.
The goal of this bill was to have uniformity in the permitting process. Corporations need to know what is expected when they are deciding if they want to place an expansion project in an area. Today, that process can take 9 months and decisions are not made the same in one community as they are in another. We need to balance the needs of our industrial jobs with the needs of air quality.
Many of the concerns I have read about in the newspaper had to do with Eramet. Senate Bill 265, does not impact Eramet.
However, in the end I voted “no”. Senate Bill 265 allows an exemption for companies who emit up to 10 tons a year of non-toxic pollutants from using the Best Available Technology (BAT). Non-toxic pollutants result in fine particles in the air. These fine particles are the culprits in respiratory conditions such as asthma for the people of this area. Washington County is in non-attainment for fine particulates and ozone. This bill passed.
You can reach Jennifer Garrison at her Columbus office at 614-644-8728 or in the district at 740-373-2414 or by e-mail at jennifer@jennifergarrison.com. Her website is Riffe Center | 77 South High Street | Columbus Ohio 43215-6111 | (800) 282-0253 | District93@ohr.state.oh.us
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