Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, October 27, 1993 TAG: 9310270200
SECTION: VIRGINIA PAGE: C3 EDITION: METRO
SOURCE: CATHRYN McCUE STAFF WRITER
DATELINE: LENGTH: Long
In Tennessee, it could take almost three years, and cost up to $40,000.
That may come as a surprise to many industry and business leaders, who have long criticized Virginia environmental officials for dragging their feet on issuing air, water and waste permits.
But in a report unveiled Tuesday comparing Virginia to five neighboring states, the state Department of Environmental Quality debunked such myths.
"What we found was, in general, Virginia compares pretty well," said Bernard J. Caton, deputy director for policy, budget and administration.
And the state is spreading the word, calling a news conference and sending the report to economic development groups, manufacturers' associations, and legislators.
"While we are very serious about protecting Virginia's environmental resources, we are also very serious about being hospitable to economic growth," Caton said.
The department compared its permit process with those of West Virginia, North Carolina, Maryland, Pennsylvania and Tennessee, based on information from the last year or so.
Virginia ranked in the top two in speed for issuing air- and water-pollution permits, and hazardous-waste handling and landfill permits.
The report also stated that, contrary to general perception, Virginia's regulations are no more stringent in most cases than in other states.
This year, three bureaucracies were merged into the Department of Environmental Quality, largely for the purpose of streamlining the permit process. Some environmentalists have questioned whether a speedy process will allow adequate room for public participation.
Virginians get roughly 120 days to comment on proposed regulations and permits, according to the report, whereas West Virginians get 60 days, and North Carolinians get 35.
Kay Slaughter, an attorney with the Charlottesville-based Southern Environmental Law Center, said that without an opportunity to appeal permits, "public participation is pretty meaningless."
Virginia is the only state in the country that allows only the polluter to appeal an agency decision on water permits. State law restricts petitioners on air permits, as well. The law center, representing environmental groups and others, has asked the federal Environmental Protection Agency to review these policies.
Caton said the department did the study to see if there was any basis for oft-told stories of industrial prospects going to other states because of delays in getting permits, or of Virginia businesses hamstrung by the process, unable to expand or grow.
Some permit holders said those stories are not far off base.
"I am very familiar with the slow turnaround and slow response from the permitting process," said Hiawatha Nicely, president of Magnox Inc. in Pulaski County. "I think in the the past, in terms of economic development, they have really dealt us a blow."
Nicely said the logjam was critical a couple years ago, but that formation of the new department has quickened the pace.
Bedford County has been working with state officials for 2 1/2 years to get a permit for its new landfill, said Administrator William Rolfe.
"It's just been a comedy of error. I don't think there's anyone to blame," he said. Part of the problem is that the rules keep changing, at the federal and state level, he said.
Rolfe hopes to get an emergency permit this week, or else the county might not have anywhere to dump its garbage starting Saturday.
Ted Handel, a permit specialist with ETS Inc., a Roanoke consulting firm, said he thinks the Virginia regulators have gotten a bad rap.
"They've got bull's-eyes on their chests," he said, noting that people tend to blame bureaucrats when things go wrong.
But industries or local governments often wait too long before applying for the necessary permits, then get impatient when it takes longer than they thought, Handel said. Some companies even order parts in anticipation of opening, "and that can really cause a problem."
Too, pollution sources often don't take the time and effort to complete the applications, and then get the applications back asking for more information.
Handel, who works in neighboring states as well, said Virginia's regulations and permitting process are "not that bad."
One advantage Virginia has, he said, is well-staffed regional offices with environmental engineers on hand to help those being regulated figure out what to do, and more authority to handle issues locally rather than piping all the paperwork through Richmond.
The regional air divisions are especially busy these days trying to implement additions to the federal Clean Air Act passed by Congress in 1990.
The staff in Roanoke has gone from 11 people to 16 in the last year, and the backlog of permit applications has shrunk almost 75 percent.
Overall, the Department of Environmental Quality has about 900 employees and a yearly budget of $110 million that includes money sent directly to localities for certain programs. The report did not compare staff and budget of other states.
by CNB