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Indiana seeks to overturn EPA decision on air quality in Lake, Porter counties

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Gov. Mitch Daniels and Indiana Attorney General Greg Zoeller said Wednesday they will appeal the U.S. Environmental Protection Agency’s decision to designate Lake and Porter counties as nonattainment regarding ozone.

The EPA includes Lake and Porter counties in the Chicago metropolitan statistical area, and Illinois air quality exceeded the ozone standard by less than 1 percent.

Daniels said for the first time in the history of the Clean Air Act, all of Indiana’s counties meet air quality limits, yet the state is “about to be punished by the EPA because Illinois’ air doesn’t.”

“EPA restrictions make it harder to hire people, and we don’t want to lose jobs in Indiana, where the air is clean, just because the air isn’t clean enough in Illinois,” he said.

The state was notified by the EPA earlier this year about the decision to designate the two Indiana counties as nonattainment. A release from the governor’s office says that the air in the counties has met the ozone standard and all other air quality standards since the end of the 2007-2009 measurement period.

The Illinois air monitor in question has been impacted by that state’s exemption of all vehicles produced before 1996 from its vehicle admissions testing program, according to the Indiana Department of Environmental Management. IDEM claims that had those older vehicles been tested, the air monitor would have met the federal standard.

The petition for judicial review is in the U.S. Court of Appeals for the District of Columbia Circuit.

“By arbitrarily lumping us in with Chicago’s dirty air, EPA has wrongly penalized northwest Indiana even though Lake and Porter counties are within the proper ozone levels and the federal nonattainment designation would do nothing to improve air quality in the two counties. The state will ask the federal appeals court to stay this EPA action before the burdensome new nonattainment permit requirements force local companies to move their expansion projects elsewhere due to cost,” Zoeller said.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

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  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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