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Environment

Congress To Examine New EPA Standard On Ground-Level Ozone

Air Pollution: Chemical industry opposes rule, health advocates sought more protective level

by Jeff Johnson
October 6, 2015

Congress this week will scrutinize a new air pollution regulation that the chemical industry says will put its expansion investments at risk but that health advocates say doesn’t offer enough protection for the public.

At issue is the Environmental Protection Agency’s new air pollution standard for ground-level ozone, a chemical created when hydrocarbons and nitrogen oxides react in the presence of sunlight. The new standard of 70 ppb, issued on Oct. 1, is slightly lower than the previous cap of 75 ppb. The agency had considered 65 ppb in a draft proposal but later backed off that number.

Ozone, a powerful oxidant, irritates lungs and bronchial airways, damaging tissue and leading to wheezing and shortness of breath. It aggravates lung diseases and is particularly harmful to people with bronchitis, emphysema, or asthma. If the level of ozone in an area exceeds the standard, state, regional, and local air regulators have authority to require NOx and hydrocarbons emissions reductions from vehicles, industrial facilities, and electric utilities.

The American Chemistry Council, a chemical industry trade association, warned of difficulties in implementing the new ozone standard. “Today’s action puts $10 billion in chemical industry investment at risk,” ACC says. New facilities, plant expansions, and factory restarts will remain in limbo while EPA determines how these plants, which may emit chemicals that are precursors to ozone, can obtain air pollution permits that are necessary for them to be built or to operate, ACC explains.

Other industry groups promised to turn to Congress to block implementation of the standard and lawmakers are responding. Key Republicans on the House Science, Space & Technology Committee, who are critical of the new rule, scheduled a hearing this week to delve into the new standard, calling witnesses who oppose it.

The rule does have supporters. For instance, the American Lung Association, joined by other health organizations, sought an ozone limit of 60 ppb. “Nonetheless,” the association says, “the standard announced today offers significantly greater protection than the previous, outdated standard.”

EPA considered lower levels to meet a recommendation from its science advisers of 60 to 70 ppb. The agency, however, found itself caught between health organizations that sought deep reductions and industry groups that argued tighter levels would be too expensive.

In the end, EPA Administrator Gina McCarthy picked the weakest level within the science advisers’ range. She told reporters that thousands of new studies led her to believe 72 ppb was a safe level for healthy adults, and she chose 70 ppb as it would provide a protective margin for children and those with compromised lungs.

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