Sen. John Thune will revive legislation Tuesday that takes aim at an Obama administration proposal to tighten the amount of ground-level ozone pollution allowed in the atmosphere, an aide told the Washington Examiner.
The South Dakota Republican’s bill would prevent the Environmental Protection Agency from imposing a more stringent standard until 85 percent of the more than 200 counties that have yet to comply with the current regulation do so. Sen. Joe Manchin, D-W.Va., is lined up to co-sponsor the bill, said Thune spokeswoman Rachel Millard.
The move comes as the comment period for the proposed EPA rule closes Tuesday. The House Science, Space and Technology Committee will hold a hearing on the subject Tuesday.
The EPA in November floated lowering the tolerable limit for ozone, or smog, to between 65 and 70 parts per billion, down from the level of 75 ppb set under former President George W. Bush in 2008. The agency also is taking comment on whether to set the standard at 60 ppb, though it wasn’t part of the official proposal.
Industry groups and Republicans contend the updated standard would be one of the most expensive ever. They say it would throw dozens more counties into “non-attainment” zones that would restrict permitting for expanding or adding industrial emitters such as factories, refineries and other manufacturing facilities.
A National Association of Manufacturers-commissioned study by NERA Economic Consulting put the price tag for a 60 ppb level at $140 billion annually from 2017 through 2040. The study did not weigh potential benefits.
Public health and environmental groups that back a harsher rule say the benefits are plenty, largely from reducing medical costs from heart and respiratory ailments associated with smog. They note that an independent panel of scientists that advises the EPA concluded the current level doesn’t adequately protect public health.
The EPA said a 65 ppb standard would add up to $38 billion of benefits and a 70 ppb level would yield $13 billion of gains in 2025, at a cost of $15 billion and $3.9 billion, respectively. California is considered separately and would incur a $1.6 billion cost at 65 ppb and $800 million at 70 ppb.
Ozone is part of the National Ambient Air Quality Standards program under the Clean Air Act and must be reviewed every five years. The Obama administration was under federal court order to release a proposed rule by December 2014 after it had pulled an earlier version in 2011, partially in response to industry pressure ahead of President Obama’s re-election campaign.
Manchin’s office did not return a request for comment.

