BISMARCK, ND – “I’m never very optimistic that the EPA will change its mind based on common sense and the law,” said Attorney General Wayne Stenehjem today during an interview on the Scott Hennen Show. “They have shown that they’re unresponsive to federal law.”
“They need to be reined in and they need to follow the law.”
Stenehjem was one of several state leaders who testified last week at an EPA public meeting concerning regional haze regulation. The EPA has declared the state’s plan for regulating haze to be insufficient and is seeking federal control.
Stenehjem says this action is both unnecessary and illegal.
“The EPA came in and said the state’s plan is not good enough,” said Stenehjem. “They have a much more expensive and much less expensive plan.”
“What they intend to do is usurp the state’s authority,” to regulate haze. “[The Clean Air Act] calls for the states to take the lead role in designing and implementing the clean air controls,” said Stenehjem alleging that the EPA isn’t following that law. He says that the state may need to go to court over the issue.
“If we go to court with the EPA we will be successful.”
Stenehjem says he isn’t sure why the EPA is targeting North Dakota given that the state gets high marks for air quality. “We are one of a handful of state that meet all the standards for regional air quality,” he said. “Last year Mercer County ranks in the top 25 counties with the cleanest air. Mercer County is home to several lignite-fired coal power plants.”
“The area we’re supposed to protect is Theodore Roosevelt National Park,” said Stenehjem referring to an oft-cited concern of environmentalists. “Theodore Roosevelt National Park was ranked as one of the three cleanest counties in the nation.”
And Stenehjem says that the state has partners in the private sector in keeping the state’s air quality high. “This is not an issue of power plants saying ‘we’re not going to do anything’,” said Stenehjem. The power plants are willing to spend money, “but they want to do it in a reasonable and economically feasible way.”
“What the EPA is proposing to do is come in and take over our regional haze program with technology the experts say won’t work and technology that is enormously expensive.”
Stenehjem said that the EPA has him concerned on other fronts as well. Possible ban on fracking is “one of the things that keeps me awake at night.” Asked if his office would take action should the EPA seek regulation on fracking, Stenehjem said “hat is something we’re getting ready to go on.”
“We’ve got eight lawsuits pending against the EPA. If a fracking rule comes up that usurps again the state’s authority to make a determination we will file another lawsuit.”
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