EPA sued over Central Valley air pollution

SAN FRANCISCO
January 13, 2006 7:55am

The U.S. Environmental Protection Agency is being sued by three groups which say it’s foot-dragging in enforcement of air pollution regulations in the Central Valley.

The U.S. District Court lawsuit seeks to force the EPA to approve enforceable “contingency measures,” which could help to clean up particulate matter air pollution by clamping down on sources of air pollution.

Should the Central Valley fail to meet deadlines in cleaning up this type of pollution, contingency measures under the federal Clean Air Act are supposed to kick in. But the EPA has yet to approve a set of contingency measures for the Central Valley, the lawsuit contends.

“Without these backup measures in place there is no way to ensure that the Valley’s air will get cleaned up,” says Paul Cort, an attorney for Earthjustice, which represents Medical Advocates for Healthy Air, Latino Issues Forum, and the Sierra Club in the suit.

The contingency measures included in the San Joaquin Valley Air Pollution Control District’s “2003 PM-10 Plan” consist of promises to consider future rulemaking, not actual control measures, as required by law, the suit says.

But the San Joaquin Valley Air Pollution Control District says it does have effective contingency plans in place, including dust controls on farms and surcharges for cars and trucks.

Particulate matter pollution is made up of tiny airborne particles, which can include dust, soot, and smoke. Public health officials estimate particulate matter pollution kills more than 1,200 Valley residents each year according to a 2002 California Air Resources Board report.