EPA Ban on Major New Plants Near for Air Basin

A federal ban on construction of major industrial plants that emit more than 100 tons of hydrocarbons a year will take effect Aug. 31 in the Los Angeles region because there is no adequate plan to comply with federal ozone standards.

The sanctions, imposed by the Environmental Protection Agency, will also forbid renovation of any facility in the four-county area if the output of hydrocarbons would be increased by more than 40 tons a year. Plants already under construction will be exempted from the restrictions under a “grandfather clause” in the regulations.

Although the construction limits are not expected to have a major impact on industrial growth in the near future, they focus attention again on the fact that the South Coast Air Basin has the highest ozone levels in the nation, despite some of the toughest anti-pollution controls.

Ozone, a major component of smog, is formed when pollutants from cars, factories and other sources interact with sunlight. In the South Coast Air Basin--Los Angeles, Orange, Riverside and San Bernardino counties--peak ozone levels are three times higher than the federal standard, and ozone exceeds the standard on an average of 148 days a year, EPA officials said.

Delayed 8 Months

The federal sanctions had been delayed for eight months by a congressional moratorium against enforcement of the Clean Air Act. Congress left Thursday on a three-week recess, however, without extending the moratorium beyond Aug. 31.

The ban was imposed at a time when the South Coast Air Quality Management District, the region’s rule-making body, has proposed some of the most far-reaching regulations to improve air quality.

“We feel the impact will be primarily psychological,” said Tom Eichhorn, a district spokesman, in a telephone interview.

Existing state and local rules, he said, forbid construction of any new facility, such as a petroleum refinery, that emits more than 100 tons of hydrocarbons. Eichhorn said that he is not aware of any industrial expansion that would exceed the 40-ton limit for renovations.

Robert A. Wyman, a Los Angeles attorney who represents companies in environmental matters, said the impact of the ban would be greater if it remains in effect for a long time.

Amendment Expected

But Wyman said he expects Congress to amend the Clean Air Act next year in a way that would lift the ban and, at the same time, establish new ground rules for compliance with air quality standards.

Larry Berg, a professor of political science at the USC who is a member of the AQMD board, said the EPA had no choice but to apply the sanctions to the Los Angeles area.

“There will be some impact,” Berg said in a telephone interview. “But our problem is umpteen times greater. . . .”

Berg said that the board’s latest proposals--to be discussed at a hearing Sept. 9 before final decisions are made--would bring the area “very close to the ozone standard in 20 years.”

Bill Fay, administrator of the Clean Air Working Group, which was set up by major corporations to lobby for revisions in the Clean Air Act, said that the South Coast area has one of the toughest problems in the nation.

“We don’t think that sanctions are the way to go, and it’s going to have an impact on Los Angeles’ growth,” Fay said of the EPA limits.

“You’re going to have to make some life-style changes out there,” Fay said. “It could mean eliminating hair sprays and underarm deodorant sprays, eliminating gas-powered lawn mowers and changing the type of car you drive and the fuel you use.”

“We in industry realize there must be a solution, but it should be tailored to the problem,” Fay added.

The EPA restrictions were imposed as a result of a directive from the U.S. 9th Circuit Court of Appeals handed down last January, according to Richard Ossias, an EPA attorney. The congressional moratorium, however, delayed the effective date of the sanctions until Aug. 31.

While it will affect major installations, such as an oil refinery or a major paint shop, Ossias said, it will not preclude construction of a dry cleaning facility or a corner gas station.

In a separate case, he said, the EPA by Sept. 29 will disapprove a plan submitted by authorities in Ventura County to comply with the ozone standard. A ban on new construction--similar to that taking effect Aug. 31 in the South Coast region--will be imposed 30 days after the EPA acts, he said.