EPA’s nonsensical rule hurts Sheboygan County

Sheboygan County is home to dynamic companies, many of which contribute significantly to local communities and our state and national economies. As a county that lies along the beautiful shores of Lake Michigan, the county’s residents and employers share a love for their environment.

However, for nearly 20 years, the federal Environmental Protection Agency has allowed a poorly placed compliance monitor to unfairly hold Sheboygan County accountable for pollution that is generated elsewhere. The regulations that accompany the accountability required by EPA cost local businesses and create a narrative of a pollutionfilled county that deflects those considering relocating to Sheboygan County. Because of an inflexible federal law, there’s very little the state or county can do to resolve this situation.

Like Sheboygan, Wisconsin is a leader in manufacturing. It is our state’s top employment sector and is responsible for roughly 20% of Wisconsin’s total economy. In eastern Wisconsin along Lake Michigan, one will find some of the highest concentrations of manufacturing companies in the nation. From internationally known manufacturers such as Oshkosh Truck to small businesses such as Plymouth Foam, eastern Wisconsin still makes “stuff” and they do it as well as anybody in the world.

Unfortunately, far too often, the main impediment to growth and expansion is government regulations, especially from the federal government. Manufacturers in eastern Wisconsin face the daunting task of complying with onerous federal regulations to obtain the necessary permits to operate, all while key competitors, even within Wisconsin, are not required to do so. Such a scenario puts those who choose to grow a business along the shores of Lake Michigan at a distinct competitive disadvantage.

No regulation has been more nonsensical than the EPA’s application of the Clean Air Act’s ambient air quality standards for ozone on Sheboygan County. On Sept. 28, the EPA proposed a rule that raises Sheboygan County’s ozone nonattainment designation from “marginal” to “moderate.” But the EPA made its decision based on an air monitor that detects pollutants generated outside the county, in places such as Chicago and Gary, Ind. A second monitor located north of the downtown and more reflective of the emissions actually generated by Sheboygan businesses would place the county in attainment. It has been ignored by EPA.

The most devastating consequence associated with the redesignation is the direct limitation on growth. Companies in non-attainment areas must offset any new emissions that will result from proposed infrastructure (i.e. a new plant) or a major modification to existing infrastructure by purchasing unused emissions credits from others, or by reducing one’s own emissions. Where no offset can be found, a project may not go forward.

The proposed reclassification rule received significant resistance from state and federal lawmakers, the business community that will be directly affected by the proposed rule and even the Wisconsin Department of Natural Resources.

Congress can, and should, act now to provide muchneeded flexibility to state and local units of government that simply want to use the most accurate data possible to comply with EPA regulations. Without such action, Sheboygan County (and others) will remain No Grow Zones, despite clean air and a very high quality of life.