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# Rlrv­ Graham/P2IR8/USEPAlUS@EPA. Steve Tuber/P2IR8/USEPAlUS@EPA, Tim 

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# b -'O(P Russ/P2/R8/USEPAlUS@EPA cc Frank Montarelli/OCP/R8/USEPAlUS@EPA Subject SLTribune article: Utah aClean AirAct offender, studysays



## Utah a Clean AirActoffender, study says (The Salt Lake Tribune) By Joe Baird The Salt Lake Tribune A new national study identifies Utah as o'ne ofat least 29 states that have loopholes in their laws alloWing for "accidental" pollution emissions beyond the limits ofthe federal Clean Air Act.

The Environmental Integrity Project, a non-profit organization based in Washington D.C., released a reportthis week that argues many states fail to monitorthese accidental, or "upset" emissions, which in a number offacilities actually exceeded the amount 

### ofpollutants they released forthe entire year.

The study also upbraids the states forfailing to penalize the excessive emissions, and says the Environmental Protection Agency is not acting to close loopholes thatallow for such releases - which in many cases Include benzene, butadiene and othercarcinogenic and toxic chemicals.

"The off-the-books pollution caused by unreported and unpenalized 'upsets' is at least as harmful as 'routine' pollution and should not be allowed to evade emission limits designed to protect public health," said Kelly Haragan, counsel forthe Environmental Integrity Project and the study's author.

,'''Upsets are a significant problem for many areas, particularly the predominantly low-income and communities of color surrounding refinery and chemical complexes. We hope this report will encourage the EPA, states and industryto act now to make these plants operate in a cleaner, safer' way."
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Haragan says Utah has run afoul ofthe Clean AirAct - which does not provide general exceptions for excess pollution from accidental discharges - with a statute that exempts excessive emissions that occur during "unavoidable breakdowns." Nordoes the state assess penalty fees for such releases
.

."The problem with those kinds ofprovisions is that facilities then have no real incentive to prevent the breakdowns," she said. "There are ways to minimize those problems, but ifit's a freebie, then there's no incentive."
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However, Rick Sprott, directorof Utah's Division ofAir Quality, disputes what he calls the ,Environmental Integrity Project's "very strict" reading offederal clean air laws. 

## '''r haven't seen the report; I'm not sure what they're talking about specifically, but I absolutely disagree that ourstatutes are in violation ofthe Clean AirAct," he said.
. , Sprott cites a policy lettersent out by the EPA which he says deemed all excess emissions to be in violation· unless, he said, "the release was beyond the powerofthe company to prevent."

"We don'twant to give free license to polluters, butthere are situations thatfacilitiesjust can't flat control," Sprott added, noting that between one and two dozen Utah companies account for the bulk' ofthe accidental pollution releases. "Ifthere's a pattern, Ifthe same thing keeps going wrong, then we'll go out and investigate."

Atthe same time, though, the state's air quality directorsays Utah and other states are tweaking their-clean air regulations to more closely mirrorthe EPA's.. The Environmental Integrity Project study included a more detailed analysis ofsev.eral states where the reporting data was most extensive. Among them was Texas - hometo a group ofindustrial plants owned by the Utah-based Huntsman Corp. .'
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Two Huntsman facil·ities - in Port Neches and Odessa - accidentally released 552,OOO·and 381,000 pounds, respectively I of pollutants in 2003, the report said.
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Huntsman Corp.**spok~sman** Don Olsen did not return a phone call Friday seeking a company response.

.jbaird@sltrib.com