Smell the landfill?
COLUMBUS, OH - Ted Strickland has moved quickly on the environmental front. On Monday, his administration halted proposed rule changes that threaten to weaken the ability of the Ohio Environmental Agency to regulate landfill odors.
The indefinite delay requested by the new Democratic governor (who has not yet named an EPA director) will allow for additional public comment and redrafting of the rules to address the legitimate concerns of residents, such as those in Stark County's Pike Township, who live near landfills and must contend with miserable odors that substantially diminish the quality of their lives.
The changes, written late in the tenure of former Gov. Bob Taft, would remove the EPA from oversight of nuisance conditions due to landfill odors unless the emissions also cause damage to health and property. Under the changes, EPA-mandated remedies might alleviate odors, but that would not be a necessity. In short, the smell could persist.
That would be a mistake. Among those opposed to diluting the agency's authority is Sen. John Boccieri, a New Middletown Democrat concerned about continued oversight of the Countywide Recycling and Disposal Facility in Pike Township. Also opposing the rule change is Sen. Tom Roberts, a Dayton Democrat whose district includes a smelly landfill.
In each situation, implementation of the proposed rules would substantially reduce the EPA's clout. Boccieri correctly points out that communities would be forced to prove odors are the source of health or property damage, a heavy burden. Some $3.5 million has been spent controlling odors from the Pike Township landfill, but the problem isn't fully under control. Without the presence of the EPA, progress would be very difficult.
The time for public comment has been extended until Feb. 8, giving Boccieri, Roberts and allies a chance to rally support for continued EPA intervention in such odor problems. A broad definition of public nuisance, freed from the need to establish harm to health and property, is a powerful tool in the agency's hands, and must be used with care. Still, as Ted Strickland has recognized, it should be available to an agency whose job is to protect citizens from a full range of environmental hazards.
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