Environmental groups are calling rumored new ozone regulations from the Obama administration “unlawful” and a “betrayal” as an Oct. 1 deadline approaches.
The Environmental Protection Agency is considering lowering the ozone standard, the main component of smog, from 75 parts per billion to between 60 and 70 parts per billion. Some green groups think the agency is leaning toward the top of that range.
David Baron, managing attorney for Earthjustice, said cutting the standard to 70 parts per billion standard would be a baffling decision by the EPA given that many medical studies say that amount would not do enough to mitigate health risks to many people.
“Setting the standard at 70 parts per billion would be nothing short of a betrayal of the Clean Air Act’s promise of healthy air,” Baron said.
The National Ambient Air Quality Standards are scheduled to be made public by Oct. 1.
Environmental groups met with the EPA last week to sell the agency on setting the standard closer to 60 parts per billion, which they say is the level scientists believe is best for public health. The EPA inititially decided on a 65 to 70 parts per billion range, but members of the agency’s Clean Air Scientific Committee revised their recommendation to 60 to 70 parts per billion in June, giving green groups hope of a lower standard.
Mary Anne Hitt, director of the Sierra Club’s Beyond Coal campaign, said dropping the standard to 70 parts per billion would leave millions of Americans open to health risks.
She said children, because of the amount of time they spend outdoors, would be the group most affected by the ozone pollution. In addition, the elderly and those with lung conditions also would face detrimental effects.
“Every kid … should have the chance to grow up healthy and pursue their dreams,” she said. “As a mom, I can tell you that the thought of my child struggling to take a breath is one of the scariest things I can contemplate.”
Industry analysts say the regulation could be the costliest ever imposed by the U.S. government. The American Petroleum Institute’s Howard Feldman said almost half of the country wouldn’t be able to comply with a new standard of 68 parts per billion, which he said is also under consideration by EPA officials.
The U.S. Chamber of Commerce has been advertising heavily against the proposed ozone regulations, while holding events around the country about the potential impact of the rules.
Chamber officials point to the American Petroleum Institute’s map of areas that would not be in compliance with the rule if it were to drop as low as 65 parts per billion. These areas include parts of the country classified as wilderness and other rural areas that officials argue do not have the infrastructure to comply with lowered ozone regulations.
Many industry groups are asking the Obama administration to not lower the standards at all and instead allow the counties not in compliance with the current 75 parts per billion standard to catch up.
“You’re starting to affect smaller and smaller towns, many more counties across the nation,” Feldman said earlier this month. “This is a very large and severe rule that could have major economic impacts and could be the most expensive regulation ever.”
The Sierra Club has taken issue with the American Petroleum Institute’s study of counties that would not be in compliance, stating the groups methodology was incorrect.
The EPA could face legal challenges to the regulations regardless of the standard it chooses.
Feldman left open the possibility of a lawsuit if the regulations are not to the industry’s liking.
“I’m sure during that time we will consider our options and then make any decision,” he said.
On Monday, Baron said Earthjustice would almost certainly sue the federal government if the standard were set at 70 parts per billion and not less.
“There would be harm to people’s health at and below 70 parts per billion,” he said. “That means a 70 parts per billion standard would not comport with the science and, under court precedence, would be subject to court challenge.”
The activists speculated that this might be President Obama’s last chance to right what they see as a significant wrong on his environmental legacy.
In 2011, the administration decided to cancel new ozone regulations under pressure from the industry. At the time, the EPA was considering a similar range of 60 to 70 parts per billion for the new ozone standard.
John Walke, director of the Natural Resources Defense Council’s Climate and Clean Air Program, called that the “worst environmental decision” the president has made during his tenure. He said there’s no excuse for setting the standard at 70 parts per billion.
“It’s bewildering that the Obama administration would set a protection level of 70 parts per billion after having eight years … to get this right,” he said.
