Vote may decide future of Air Pollution Control Department

Sep 26, 2009 (The Tribune-Star - McClatchy-Tribune Information Services via COMTEX) -- APCR | Quote | Chart | News | PowerRating -- The future of the Vigo County Air Pollution Control Department could be decided within the next few weeks, pending a vote on a revised county air quality control ordinance that allows for the collection of fees from manufacturers.

Fees would be the only funding source for the county department after the Indiana Department of Environmental Management in late 2008 canceled contracts to issue federal air permits and collect air monitoring data.

In addition, the Vigo County Council earlier this month cut funding for salaries and benefits -- about $80,000 -- in its 2010 budget, citing a lack of state funding for the department.

A revised ordinance would allow the county to collect $4 per ton from manufacturers with a federal Title V permit. The Indiana Department of Environmental Management currently collects $44 per ton, said George Needham, executive director of the Air Pollution Control Department.

"I don't think there is any question that the county has the right to do this in addition to what the state is doing," said. County Attorney Michael Wright. "If that is what the executive body of the county government thinks is best, that is what we will do. Other government agencies have done this since the state contracts were canceled," Wright said.

Paul Mason, president of the Vigo County Board of Commissioners, was prepared to vote on a new county ordinance Friday; however, the board decided to delay a vote as the Terre Haute Chamber of Commerce sought to meet next week with Needham.

"We don't need to put this off. We need to act in the near future, either yes or no. I don't have a problem with passing this as it stands now," Mason said of the county ordinance.

Commissioners had considered a revised air quality control ordinance in February and held a public hearing in April, but have not taken action since.

Rod Henry, president of the Terre Haute Chamber of Commerce, asked the board to delay its vote Friday, reiterating the chamber's stance made in April against charging local fees.

"I would think that if the ordinance were to be passed, there would be more communication with the manufacturing sector. There has been none," Henry told commissioners.

"I am going to encourage you to do something different. We don't have to be an Evansville or a Hammond, we can do things differently ... and start to communicate with each other. Your business community is not anti-government, but just wants to know what is happening," Henry said.

"I am encouraging you to maybe take a step back and why not open up the door and have a dialogue and make sure everyone understands what this ordinance is about, instead of 'here it is, sorry,'" Henry said. "Perhaps there is a better idea in between, who knows. There isn't one business that is against having good air."

"The public [hearing] comments were not directed toward manufacturers, but directed toward the dust in the roads and wood burners in the back yards, but it is the manufacturers that will be paying a bigger piece of the permit fee," Henry said.

Needham said he thinks communication is needed.

"I agree with you, Mr. Henry. I think in the past, the Chamber has had quite a few meetings and I was never invited to attend to present anything," he said.

"I have never been invited to any meeting at the Chamber, but I had gotten calls from the different [air pollution] sources afterwards, telling me what transpired and some were not too happy and wanted to know why I wasn't there. I said I was not contacted. I would be more than willing to speak anytime," Needham said.

"We have offered, but apparently it had not gotten to you," Henry replied.

"I have never been contacted or made that offer, or I would have been there. I think the dialogue is an important part," Needham said. Henry told commissioners the Chamber would work to meet with Needham next week.

The Indiana Department of Environmental Management in late 2008 canceled a contract with the county department, removing air monitoring and compliance duties the department performed on behalf of the state. Prior to that, IDEM removed the responsibility from Vigo County of writing and issuing permits for industries and business under the federal Clean Air Act, called Title V permits, leaving the county department to respond to compliance issues and conduct a monitoring system for air quality.

The county's current air quality ordinance allows the county to collect some fees, Needham told commissioners, and the department billed and received $19,323. Those funds would be returned to businesses if the department is closed, Needham said.

A revised county ordinance would allow the county annually to collect Title V fees, at $4 per ton of pollutants discharged, to fund the county department, which county commissioners say can respond to air quality issues faster than the state.

Needham said a revised county ordinance would generate about $211,000 annually from Title V sources, such as Duke Energy, Gartland Foundry or Novelis, and about $25,000 to $30,000 annually from smaller sources, such as Sony DADC, Ivy Hill Corp. or MAB Paints.

The county department has a budget of $390,179 for 2010, but would need about $280,000 to meet that budget next year, Needham told commissioners.

At the end of August, the department had a total of $189,975 in funds from work on Title V permits. That includes a Title V savings account and $157,477 in a Title V account.

Needham said Title V funds likely would be about $125,000 by the end of this year. The department also currently has a Vigo County Air Pollution Non-Reverting Fund with $183,447 as of the end of August.

Needham said the county department expects to have a total of about $285,000 in remaining funds by the end of this year. "That doesn't include the sale of the building, which it is our understanding that money would go back into our non-reverting fund. So that would put us well over the hump for 2010 and probably part of 2011, also," Needham said.

Commissioners plan to sell the existing Vigo County Air Pollution Control building at Third and Ohio streets. Commissioners have two appraisals on the 4,092-square-foot building, one at $286,000 and a second at $319,000.

The sale must be approved by the Vigo County Council, County Attorney Wright said. Commissioner Judith Anderson said commissioners want the money to go into an existing Vigo Air Pollution Non-Reverting fund, which would be used to fund the department through 2010 and part of 2011.

"The only way Air Pollution is going to function is with that money. If the County Council puts that in the general fund, we will be dead in the water," Anderson said.

Howard Greninger can be reached at (812) 231-4204 or howard.greninger@tribstar.com.

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