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Ozone Air Quality Standards: EPA’s March 2008 Revision (CRS Report for Congress)

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Release Date Revised April 18, 2008
Report Number RL34057
Report Type Report
Authors James E. McCarthy, Resources, Science, and Industry Division
Source Agency Congressional Research Service
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Summary:

EPA Administrator Stephen Johnson signed final changes to the National Ambient Air Quality Standard (NAAQS) for ozone on March 12, 2008; the proposal appeared in the Federal Register on March 27. NAAQS are standards for outdoor (ambient) air that are intended to protect public health and welfare from harmful concentrations of pollution. By changing the standard, EPA has concluded that protecting public health and welfare requires lower concentrations of ozone pollution than it previously judged to be safe. This report discusses the standard-setting process, the specifics of the new standard, and issues raised by the Administrator's choice, and it describes the steps that will follow EPA's promulgation. The ozone standard affects a large percentage of the population: nearly half the U.S. population currently lives in ozone "nonattainment" areas (the term EPA uses for areas that violate the standard), 140 million people in all. As a result of the standard's strengthening, more areas will be affected, and those already considered nonattainment may have to impose more stringent emission controls. The revision lowers the primary (health-based) and secondary (welfare-based) standards from 0.08 parts per million (ppm) averaged over 8 hours to 0.075 ppm averaged over the same time. Using the most recent three years of monitoring data, 345 counties (54% of all counties with ozone monitors) would violate the new standards. Only 85 counties exceeded the pre-existing standards. Thus, the change in standards will have widespread impacts in areas across the country. (The 345 counties that would exceed the standard are shown in Figure 2 of this report.) The revision follows a multi-year review of the science regarding ozone's effects on public health and welfare. The new standards will set in motion a long and complicated implementation process that has far-reaching impacts for public health, for sources of pollution in numerous economic sectors, and for state and local governments. The first step, designation of nonattainment areas is expected to take place in 2010, with the areas so designated then having 3 to 20 years to reach attainment. The new standards raise a number of issues, including whether the choices for the primary and secondary standards are backed by the available science. Not only are the Administrator's choices weaker than those proposed by his scientific advisers, but the administrative record makes clear that, in part, they were dictated by the White House over the objections of EPA. Whether the standards should lead to stronger federal controls on the sources of pollution is another likely issue. Current federal standards for cars, trucks, power plants, and other pollution sources are not strong enough to bring all areas into attainment, thus requiring local pollution control measures in many cases. EPA, the states, and Congress may also wish to consider whether the current monitoring network is adequate to detect violations of a more stringent standard. Only 639 of the nation's 3,000 counties have ozone monitors in place. With half of those monitors showing violations of the new standards, questions arise as to air quality in unmonitored counties.