Dec 26 - McClatchy-Tribune Business News Formerly Knight Ridder/Tribune Business News - Patrick Lynch Daily Press, Newport News, Va.

In September, a board made up of Virginia citizens decided to take a second look at how much mercury pollution the state should allow in the air -- an issue the General Assembly had already made up its mind about.

The state Air Pollution Control Board invited the public to comment even though state lawmakers had already decided to follow federal guidelines on mercury emissions. Months earlier, the board had even been considering mercury regulations tougher than what the General Assembly preferred, a decision that would mean less pollution but costlier and more cumbersome fixes for industry.

Those actions have state Sen. Marty Williams, R-Newport News, thinking about stripping some powers from the board, which is appointed by the governor, and giving them to the director of the state Department of Environmental Quality.

Williams said the air pollution board's independent actions have caused confusion for those in industry and that he would feel more comfortable with the fulltime professional DEQ director having final say over major regulations and permits.

"We have amateur citizens up there making huge decisions," Williams said. "I work for an environmental engineering firm, and I'm not qualified to make those decisions."

The air pollution board is one of three panels appointed by the governor to protect against water and air pollution and oversee statewide waste management regulations. The State Water Control, Air Pollution Control and Waste Management boards often act well out of public sight, but on issues that widely affect the public. They make decisions about acceptable levels of air and water pollution, decisions that affect power utilities such as Dominion, cities such as Newport News and just the average Virginian.

DEQ professionals give the boards guidance, but the boards have the final say.

Those who oppose Williams' idea say the citizen boards play an important role as a stand-in for the public.

Williams said he is not sure how the matter will play out -- whether he or another legislator would ask for a study group to look at the issue or submit a bill that would call for the change.

"My thought would be to have the director make the decision, with an appeals process," Williams said. "We've got to flush all that out. In the meantime, it's at least worth looking at."

Both the Army Corps of Engineers and the Environmental Protection Agency operate with the agency head having final say, Williams pointed out. Williams' firm, Malcolm Pirnie, has long worked with Newport News on the controversial King William Reservoir, which was recently before the Water Control Board. Many people expected the board to kill the project. To their surprise, the board voted to give Newport News more time to study the reservoir's potential environmental impact.

Williams said it wasn't the Water Control Board that aroused his concern, it was the air pollution board.

Williams' comments come at a time when many environmentalists have praised both the water and air boards for acting independently. The air pollution board has drawn praise from environmentalists, such as Cale Jaffe of the Southern Environmental Law Center, for trying to incorporate more public input into the discussion on mercury emissions.