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Line: | @NACoTweets: EPA says ozone standards benefits outweigh implementation costs |
The Environmental Protection Agency (EPA) has announced tighter air quality standards for ozone, a primary component of smog. The final rule, released Oct. 1, strengthens the current standard of 75 parts per billion (ppb), last set in 2008, to 70 ppb.
Currently, 227 counties — primarily urban and in the East — are regulated under ozone air quality standards, and that number could increase to more than 300 under the new standards. Also, as part of the final rule, EPA now requires 32 states to expand their air-monitoring season starting in 2017.
The agency estimates the anticipated benefits for the proposal — estimated at $2.9 billion to $5.9 billion annually in 2015 — outweigh the estimated $1.4 billion cost of implementation. EPA modeling shows that most counties will meet the 70 ppb standard by 2025 due to other federal and state regulations scheduled to be implemented. These estimates and costs do not include California. The agency will work with the states to determine final designations by Oct.1, 2017.
Tightening the ozone standard has been controversial due to its costs, and efforts are afoot on Capitol Hill to overturn EPA’s decision.
The Clean Air, Strong Economies Act (H.R. 1388/S. 751) was introduced earlier this year to prevent the EPA from moving forward with a tighter standard until at least 85 percent of the counties in nonattainment meet the current 75 ppb standard.
Similar language was inserted into the now-defunct FY16 EPA and Department of the Interior spending bills. The bill was derailed after a fight over the Confederate flag.
The agency previously proposed to tighten the ozone standard in 2010 to a range of 60–70 ppb. However, in 2011, the Obama Administration withdrew the proposal to reduce regulatory burdens and uncertainty — at the time, it was estimated the proposed rule would cost between $19 billion and $90 billion to implement. The standard was last modified in 2008. Implementation started this year.
NACo opposes EPA’s efforts to tighten the ozone standard, including efforts to implement the new ozone standard before the 2008 National Ambient Air Quality Standards (NAAQS) for ozone have been fully implemented.
What is Ozone?
Ozone is one of the six air pollutants regulated by the Clean Air Act’s (CWA) NAAQS program. Under it, EPA is required to reassess air quality standards every five years. The standards apply to outdoor (ambient) air quality and are intended to protect public health, the environment and prevent damages to crops, plants, property and wildlife.
Primarily known as a summertime pollutant, ozone forms when sunlight reacts with pollutants such as volatile organic compounds emitted from chemical plants, gasoline pumps, oil-based paints, and auto body and print shops. Sources of nitrogen oxides (NOx) include power plants, industrial facilities and motor vehicles.
However, in the past decade, high ozone levels have also been observed in winter months near oil and gas operations in Colorado, Utah and Wyoming.
Ground-level ozone, also known as smog, is considered “bad” ozone. According to the American Lung Association, ozone is the most widespread air pollutant and causes coughing, wheezing, asthma attacks, heart problems and increases the risk of hospital admissions and emergency room visits, as well as the risk of premature death.
Why Ozone Designations Matter to Counties
Under the Clean Air Act (CAA), states and counties serve as both the regulator and regulated entity of clean air, and they are responsible for ensuring that the Clean Air Act’s goals are achieved and constituents are protected. But a more stringent ozone standard could have a significant effect on counties nationwide. Ozone designations — attainment, nonattainment and unclassified — may impact the nation’s transportation programs and the economic vitality of local governments.
Once a county is designated as being in nonattainment, the county must work with its state to craft specific strategies to reduce ozone pollution in its jurisdictions. These are called State Implementation Plans (SIP) and must be approved by the EPA. SIPs can include requirements such as timelines and deadlines for emission reductions, specific emission limits for power plants, oil and gas drilling, strategies to reduce idling time, expansion of local transit options such as carpools, bus and train systems, clean fleet and retrofit programs and local restrictions on commercial products and services.
If a county (or state) doesn’t meet the ozone standards, it can be subject to sanctions, which include the potential loss of highway funds. All areas designated as “in nonattainment” or “in maintenance” for transportation-related activities must undertake transportation conformity plans for projects that receive federal funding dollars. This can be time-consuming and expensive.
Additionally, a more stringent ozone standard challenges local governments’ ability to increase economic development within their regions. Areas designated as in nonattainment can have a more difficult time attracting industry to their counties, due to concerns that permits and other approvals will be too expensive or even impossible to obtain. Counties claim to have lost businesses to other areas due to nonattainment designations.
Moving from Nonattainment to Attainment
Even if a nonattainment county meets the standards in a couple of years, it is not taken off of the designation list. Instead, it is put into a “maintenance plan” for 10 years. “Maintenance,” while not as stringent as other non-attainment designations, still includes requirements such as emissions budgets, commitments to implement contingency measures and transportation conformity requirements.
It’s very likely that within those 10 years, the ozone standard will again be tightened, thus putting the county back into non-attainment.
HARRIS COUNTY, TEXAS SUES VW OVER POLLUTING DIESEL VEHICLES
It ;didn’t take Harris County, Texas very long to go after Volkswagen for adding more ozone into its already polluted air. Houston’s home county filed suit against the German automaker late last month for $100 million, only weeks after VW admitted it had tampered with its diesel cars’ emissions controls, according to the Houston Chronicle.
Its timing couldn’t have been better. Two days after the county filed its suit, EPA released yet another and stricter ozone rule. Harris County is considered by EPA to be a “non-attainment” area because of its ozone emissions.
In a news release, Harris County Attorney Vince Ryan, said the county “with its massive traffic and petrochemical industry, has had difficulty in meeting federal clean air requirements.” VW’s “deceitful acts,” Ryan continued, “have damaged the county’s ability to improve air quality and reach clean air attainment status.”
Approximately 6,000 VW diesel cars were sold in Harris County between 2009 and August of this year, county officials said.
The county may be the first local jurisdiction to take legal action against the company.
“We believe that we are the first governmental agency to file a major suit against Volkswagen and look forward to working with state and local governments that have similar claims,” Ryan explained.
(If you are considering your own lawsuit or would like more information about Harris County’s case, contact Jacqueline Terrell at the Harris County Attorney’s office, 713.274.5102;
or email Terence.orourke@cao.hctx.net)
