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"Your Liberty is Our Interest"

March 8, 2004

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To all members of Stop the VET in Jefferson County, VETO the VET in Northern Kentucky and CAT (Coalition Against Testing) in Ohio:

 

Next week Judge Heyburn will rule on the future of the VET program in Jefferson County!  Unfortunately Judge Heyburn is misinformed about the issue and it appears that his upcoming ruling will reflect that.  (Judge Heyburn believes that VET testing is a benefit for "clean air".)

 

This is simply an underhanded attempt by APCD Director Art Williams to restart the VET program and eliminate "newer" cars, thus dividing the citizens in hopes that VET testing will be here to stay. (see below)

 

In some reports it is being stated that the Kentucky Legislature violated the federal law in calling for an end to VET.  However, the facts are that the Air Pollution Control district violated the Kentucky Law that was enacted in 2002 which called on the APCD to end VET.

 

The APCD Director, Art Williams, is a personal friend of Tom Fitzgerald and Sarah Lynn Cunningham.  Not only did Williams refuse to accept the "will of the people" to end the VET program, he wrote an 8 page letter to Gov. Patton in 2002 (on behalf of Jefferson County) asking him to veto the legislation that was overwhelmingly passed by both the Kentucky House and Senate.  Williams intentionally submitted a plan to EPA that would not be accepted by EPA which gave Fitzgerald a solid basis for winning the federal lawsuit.  (Williams did not submit a plan for the use of other means and methods to "offset" the pollution reductions that are claimed by the VET as required.)  It was only after Judge Heyburn ruled in February that ending the VET program was illegal without approval of the EPA that Metro Government and APCD (Art Williams) offered up the required "offsets" in the form of industrial "pollution credits" that should have been offered in the first place to comply with State Law, EPA and the "Clean Air Act".

 

Now the truth is obvious, VET testing (if continued to be included in the (SIP) "State Implementation Plan") is simply an offset program designed to "offset" more industrial pollution and thus offers NO NET BENEFIT to the clean air goals of Metro Louisville because the APCD can then issue more "Title V" pollution permits to business who pollute the air.  The one and only reason the VET program is included in the SIP is to offset other pollution sources rather than require real reductions of pollution from those other (industrial) sources.  

 

Honesty has not been an especially high priority in the pollution problem debate!  The well documented toxic pollution problems in Louisville's West End (Rubbertown) is not something that suddenly appeared because the citizens demanded an end to the VET program.  The truth is coming out slowly and it will be especially painful for Metro and other officials and Art Williams to understand that the people of Metro Louisville will be informed of the facts, and when they are they will be especially irate at the utter disregard for the "will of the people" and for attempting to "hoodwink" the citizens into believing that there is some magical "clean air" benefit by including VET pollution credits in the SIP. 

 

When the facts are widely known just what will the future hold? 

 

1) It will be known that the Kentucky State Legislature DID NOT violate federal "Clean Air Act" laws by enacting legislation over 2 years ago to end VET.  (Thank you Sen. Dan Seum and Rep. Perry Clark.)  The Kentucky State Legislature acted according to the "will of the people" in a lawful and constitutional way. Further, they should do the same with the current "pending" legislation to end VET in Northern Kentucky.  They should give immediate attention to passing HJR 12 which is inexcusably stalled in the Kentucky House of Representatives simply because of partisan politics.  

 

2) It will be known that Art Williams and Metro Louisville Government DID violate State Law by not submitting an acceptable plan to EPA (which should have included proper pollution credit "offsets") to end VET until after Williams personal friend Tom Fitzgerald was successful in his federal lawsuit.  (SO FAR)! 

 

3) It will be known that the VET program is clearly an "OFFSET" program to offset the pollution from industrial sources in an effort to protect the "pollution credits" of the industrial polluters and to use the VET pollution credits to allow even more commercial and industrial pollution to come into Jefferson County.  (There is NO NET benefit of the VET as long as it is allowed to be included in the SIP to offset other pollution.)  In other words: This is an economic development program and not a "clean air" program.  I call it fraud! 

 

4) It will be known that elected officials will pay a very heavy price if they don't expose the VET truth and that there is no excuse for EPA to not immediately accept the now revised plan.  It would be wise for any elected officials who seriously want to be re-elected to work day and night to see to it that the EPA acts before Judge Heyburn issues his final ruling even if that requires obtaining a Presidential "executive order" requiring the EPA to accept the Jefferson County plan immediately. 

 

If there is inaction on this issue then the voters will be asked to unleash their wrath on ANY ELECTED OFFICIAL who has not publicly explained their position on this issue and who have not done everything in their POWER to end this wholesale abuse of the citizens who they are elected to represent. 

 

5) It will be known that Metro Mayor Jerry Abramson should immediately call for Art Williams to resign and demand a public apology from him, in addition to holding him personally responsible for the intentional violation of STATE LAW and the costs associated with his actions or inaction. There should be a complete audit of the APCD office and of the pollution credits.

 

6) It will be known that serious consideration will be given to filing a citizens "class action" lawsuit to recover the value of the VET "pollution credits" that have been included in the SIP for years to benefit industrial polluters, as well as punitive damages to make sure that ALL elected officials and appointed bureaucrats such as Art Williams are severely sanctioned by the citizens for attempting to continue the use of VET "pollution credits" (against their will) for the benefit of industrial and commercial polluters rather than for honest "clean air" and for not honestly informing the public about the absurd "pollution credit" system and the role of VET in that system.

 

Please send this to everyone on your list and stand ready to act if the people that are elected to represent you don't!  Please call Mayor Abramson, Rep. Anne Northup 502-582-5129, and Sen. Jim Bunning  and let them know that you expect action immediately to end the VET program for good!

 

John Riley

Member of Stop the VET

JRiley8609@msn.com

 

http://www.courier-journal.com/localnews/2004/03/02ky/A1-vet0302-7519.html

 

 

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