no breakdowns

NEWS RELEASE

Rocky Mountain Clean Air Action Moves to Eliminate Dangerous Loophole in Utah Air Quality Regulations
Environmental Protection Agency Called on to Require Utah to Protect Clean Air, Eliminate "Breakdown" Exemption

For Immediate Release: December 31, 2007

For More Information Contact: Jeremy Nichols, Director, Rocky Mountain Clean Air Action (303) 454-3370

Petition Online >>

Denver—Rocky Mountain Clean Air Action, a regional clean air advocacy group, has called on the U.S. Environmental Protection Agency (EPA) to require 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, Director of Rocky Mountain Clean Air Action. "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.

"Breakdowns don't just happen out of the blue, they're preventable through regular maintenance, upgrades, and better planning," said Nichols. "This is really about common sense—we don't drive our cars until they breakdown. Why should we give polluters an incentive to run their factories, power plants, and refineries to the point that they breakdown and endanger public health?"

Several memos obtained from the EPA indicate that the State of Utah has known that the breakdown loophole to be illegal since before 2002. In a December 2002 publication in the Federal Register, the State of Utah committed to eliminating the loophole. Five years later, this loophole continues to exist. The EPA commented in a 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[.]"

"No more breaks for breakdowns," said Nichols.

The petition 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 State of Utah has recommended that the Cache Valley and the Wasatch Front from Ogden south to Provo be designated "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.

Rocky Mountain Clean Air Action is a nonprofit public interest organization dedicated to protecting clean air for healthy children and healthy communities in Rocky Mountain region, including Utah.

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