Two bills before the General Assembly right now, SB 128 (McDougle) and HB 1300 (Kilgore), would limit the Air Board’s authority to regulate polluters in non-attainment areas. When a region fails to meet the National Ambient Air Quality Standards, set by the EPA to protect public health, the EPA will designate that area as a non-attainment region. Currently only Northern Virginia is listed as a non-attainment region in Virginia. However, Richmond and Hampton Roads are expected to be designated as non-attainment areas by March 2011.
Living in a non-attainment area is bad for your health. Smog and soot, measures used to determine ambient air quality, are linked to So2 and NOx which are in turn connected to decreased lung function, aggravated asthma, chronic bronchitis, irregular heartbeat, heart attacks, premature death. According to the American Lung Association, “Ozone smog threatens the health of infants, children, seniors and people with . . . lung disease. . . . Even healthy young adults and people who exercise or work outdoors can suffer from high levels of ozone pollution.”
Not only is a non-attainment area a major health issue but it is an economic development issue as well. Regions of non-attainment encounter significant federal restrictions. Businesses looking to develop in Virginia do not want to locate in Non-Attainment areas because of these increased restrictions. Getting out of non-attainment is critical for public health and economic development.
Now, back to the bills. SB 128 and HB 1300 would limit the Air Board in how it regulates a non-attainment area. Currently, the Air Board can prohibit major polluters in non-attainment areas from purchasing credits for excess pollution, thus forcing them to actually clean up their acts. With the passage of these 2 bills, the Air Board would no longer be able to prohibit this trading practice. What this means is that major polluters can continue to pollute in non-attainment areas while small businesses will continue to be heavily regulated, making it that much harder for areas to clean up their air.
SB 128 was amended to exclude existing non-attainment areas (NoVA) from this new regulatory change. Delegate Kilgore, the patron of HB 1300, promised he would make the same amendment, but this morning as he presented the bill before committee, he kept it as is. The bill passed out of committee without the NoVA carve out. If both bills pass they will be placed in conference committee to reconcile the differences. Either way, this isn’t good news for Richmond or Hampton Roads. Please call your state senator today and ask them to vote NO on HB 1300 when it comes to the floor.