Court Ruling: EPA Cannot Waive Fees for Heavy Polluters

(NewsCore) - A court ruled Friday that the US Environmental Protection Agency (EPA) cannot waive fees for polluters in states that fail to meet a crucial air quality standard, potentially limiting the agency's ability to be flexible with industries that contribute to smog.

The ruling from the US Court of Appeals' Washington, D.C. Circuit struck down a decision by the EPA in which the agency tried to allow states some flexibility in meeting standards for ozone pollution.

If air quality in the states do not meet the standards, factories, power plants, and other facilities in the region could face fines.

The EPA said in January 2010 that it would allow states to avoid levying fees as long as they had air quality programs in place that were "not less stringent" than the program the EPA originally mandated for ozone. But the Natural Resources Defense Council, an advocacy group, sued the agency and argued that the Clean Air Act does not allow for alternatives when it comes to ozone, which has its own section in the statute.

"The worry would be that a state could declare something to be an alternative mechanism and it might not really be true," said Frank O'Donnell, president of the watchdog group Clean Air Watch.

The agency had argued that its decision would still meet the legal requirements to reduce ground-level ozone pollution, which is the main component of smog and can cause lung problems.