EPA targets California as big polluter under Obama-era ozone rules

The Environmental Protection Agency on Tuesday designated much of California and many downwind states on the Atlantic Coast as regions not able to meet the Obama administration’s strict rules for smog-forming ozone.

Overall, the EPA identified 51 areas in 22 states and the District of Columbia that do not meet the 2015 ozone standards established under former President Barack Obama, which is the first step to implementing the standards under the Clean Air Act.

“Following the data and the law, today’s designations reflect continued progress in addressing ground-level ozone and its precursors,” EPA Administrator Scott Pruitt said. “EPA will continue to work closely with our state and tribal partners to improve air quality for all Americans.”

Pruitt had tried to delay implementing the standards, but was admonished by the courts, which forced the EPA to move forward in implementing the ozone regulations.

The EPA said that by identifying the areas as nonattainment regions, EPA is acknowledging “the role played by background ozone that is outside the control of state and tribal air agencies,” referring to pollutants from other countries that exacerbate ozone pollution.

“These designations also reflect the exclusion of certain data due to ‘exceptional events,’” such as wildfires and other environmental events, it said.

But at the same time, a big chunk of California, which has been rocked by wildfires, was designated a nonattainment area, making its environmental remedies in coping with high levels of ozone subject to EPA approval.

A big chunk of the Northeast and Mid-Atlantic states, with the sizable exception of Massachusetts, was included, too. D.C., most of Maryland, Delaware, New York City, New Jersey, and Connecticut were placed in nonattainment. Many of the states are part of a cap-and-trade program to reduce greenhouse gas emissions that many scientists blame for causing climate change.

Sen. Tom Carper of Delaware, the top Democrat on the Senate Environmental and Public Works Committee, called out the designations as political.

“Today, after over six months of delay and under court order, EPA finally announced — for the most part — which of our nation’s communities have unhealthy levels of ozone pollution,” Carper said. “Worse still, rather than use the best available scientific and public health data to protect American citizens, it appears that EPA let politics dictate some of its nonattainment designations.”

The EPA said it will finish designating areas in July with a decision affecting eight counties near San Antonio.

“Sadly, the people of San Antonio must continue to wait for a final determination on the quality of their air from EPA,” Carper said.

Except for a few areas in Texas, much of the oil-producing Gulf Coast was in the clear on ozone pollution. The big shale oil producer of North Dakota also was cleared. Pruitt’s home state, another sizable shale energy producer, also has zero nonattainment areas.

“States across the country, especially downwind states like Delaware that pay the price for others’ pollution, need a reliable partner in EPA that cares as much about our communities’ health as we do,” Carper said.

“Unfortunately, beyond ignoring his basic duties as EPA administrator, Scott Pruitt has manipulated his position into that of a public health antagonist, actively worsening the pollution problems the rest of us have worked for decades to address,” he continued. “For the sake of our communities, I hope Mr. Pruitt starts to understand the life-saving role that states rely on EPA to play in order to protect our families from hazardous ozone and other air pollutants.”

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