EPA Proposes Tougher Ozone Standard; 60-day Comment Period

The U.S. Environmental Protection Agency (EPA) Jan. 7 proposed to tighten the air quality standards for ground-level ozone issued in 2008 by the Bush administration and to set a separate secondary standard.  According to agency estimates, the costs of implementing the proposal range from $19 billion to $90 billion.  A final rule is expected by Aug. 31. EPA's proposed rule would set the primary standard at a level between 0.060 part per million (ppm) and 0.070 ppm measure over eight hours; the strictest health standards to date for smog.  As many as 650 counties monitored by U.S. EPA currently have smog levels that exceed the lower limit proposed by the agency, based on EPA data from 2006 to 2008.  Click here to see maps of areas violating EPA's current and proposed standards.  EPA is also proposing to set a separate "secondary" standard to protect the environment.   States would recommend areas to be designated as not in attainment (non-attainment) of the revised standard in January 2011 (an accelerated schedule), with final determinations by EPA by July 2011. State implementation plans for the new ozone standards would be due to EPA by December 2013. States would be required to comply with the primary standard between 2014 and 2031.  States will likely have to cast a very wide net when targeting sources for emissions cuts.  Failure to develop an EPA-approvable state implementation plan ("clean air plan," or SIP) could cost a state its federal-aid highway funding.  What is more, to qualify for federal transportation dollars, the highway and transit projects in "non-attainment" areas have to "conform" to the state's SIP. EPA Administrator Jackson announced last September that EPA would reconsider the national ambient air quality standards for ozone (currently set at 0.075 ppm - see 40 C.F.R. Parts 50 and 58) after several states and environmental groups filed lawsuits challenging the standards issued in 2008 as too weak to protect public health.  In addition, EPA Jan. 6 extended the deadline for designating non-attainment areas for the existing 2008 ozone standards from March 12, 2010, to March 12, 2011.  EPA said that will give it the time it needs to reconsider the 2008 ozone rule before determining whether designations for those standards are needed.  EPA will accept comment on the proposed rule for 60 days after it is published in the Federal Register.  Comment can be made at http://www.regulations.gov and should reference docket No. EPA-HQ-OAR-2005-0172.  EPA has also scheduled three public hearings on the proposal. EPA's proposal and more information is online at http://www.epa.gov/air/ozonepollution/actions.html#jan10s. For more information, contact Leah Pilconis at (703) 837-5332 or pilconisl@agc.org.