Don’t defang citizen boards

Virginia’s regulatory climate isn’t exactly hostile to business. In fact, Forbes has ranked the state the best in the nation for business two years in a row.

Yet, lawmakers are aiming to take away the powers of the state’s three citizen boards that oversee environmental issues at the behest of some in the business community.

This is the wrong move. It would tip the scales in favor of those who seek to pollute the state’s air and water. And, it would cut off an avenue for public debate of pollution permits.

We urge state lawmakers to reject this change. Do not strip the citizen boards of their authority to issue permits in controversial cases or those with the potential to adversely affect air or water quality or the health of state residents.

The move to reduce the power of the three boards – Air Pollution Control, Water Control and Waste Management – got its start last year with little fanfare. Lawmakers approved a bill that would strip the three boards of regulatory power and allow the appointment of industry insiders to them. Federal law prohibits industry-types from serving on regulatory boards but allows them to serve on advisory boards.

Because of an amendment to last year’s bill, the legislature must approve it again this year before it becomes law. The delay provided valuable time – both for state residents to wake to the proposal’s dangers and for lawmakers to reconsider.

Unfortunately, one of our own, state Sen. Phillip Puckett, D-Tazewell, has not reconsidered. He’s filed the Senate version of the bill that would defang the boards and give a single unelected bureaucrat – the director of the Department of Environmental Quality – the final say on all pollution permits. Delegate Steven Landes, R-Weyers Cave, is sponsoring a companion bill in the House.

It appears there is little justification for this bipartisan weakening of the law. According to the DEQ’s own report, the citizen boards have rejected the recommendations of agency staff just 23 times since 1993. In some of the 23 cases, permits were eventually issued after changes were made.

Other cases didn’t involve permits at all; they involved discussions of state regulatory standards for toxic emissions, like mercury, and pollutants, like nitrogen oxides. If the boards are stripped of regulatory power, industry insiders could get a seat on them and have a hand in crafting these rules. The old adage about the fox watching the hen house is applicable here.

Virginia doesn’t need to let major polluters write the rules that protect our air and water. But that isn’t the only problem with this proposal; it would also decrease government accountability and eliminate many opportunities for state residents to challenge proposals that will directly affect their lives.

The citizen boards hold public hearings and operate in a reasonably transparent manner. There are fewer opportunities for the public to speak directly to the DEQ director, who would make these decisions under the revised law. This wouldn’t be the case for industry lobbyists, who know how to bring pressure on government. It’s an unequal playing field.

Hearings on the measure are slated for this week. Lawmakers should reject this effort to allow polluters to steamroll their way through the permitting process, flattening average state residents in the process. Vote no.