Before the Enviornmental Protection Agency: Proposed Determination for Ohio Air Act

by Thomas D. Hopkins on February 26, 1979
by Thomas D. Hopkins and Barry Bosworth

Section 125(a) of the 1977 Amendments to the Clean Act states that a State Governor, the Administrator of the U. S. Environmental Protection Agency (EPA), or the president may determine, after notice and a public hearing, that action is necessary “to prevent or minimize significant local or regional economic disruption or unemployment” which should otherwise result from a utility or other coal burning source deciding to use “coal or coal derivatives other than locally or regionally available coal.” In early 1978, District 6, the United Mine Workers and the Ohio Mining and Reclamation Association, reacting to announcements by some electric utilities that they would use Appalachian low sulfur coal their Ohio powerplants to meet the State’s sulfur dioxide (CO2) emission standards rather than continue to use high sulfur coal from Ohio, petitioned EPA to take action leading to such a determination.

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