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Implementing EPA’s 2015 Ozone Air Quality Standards (CRS Report for Congress)

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Release Date Revised Aug. 16, 2018
Report Number R43092
Report Type Report
Authors James E. McCarthy; Kate C. Shouse
Source Agency Congressional Research Service
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Summary:

Implementation of revised ozone standards by the U.S. Environmental Protection Agency (EPA) is now moving forward, after the agency designated 52 areas with just over 200 counties or partial counties and two tribal areas as “nonattainment” for the standards. The standards— formally known as National Ambient Air Quality Standards (NAAQS) for ground-level ozone— are standards for outdoor (ambient) air. In 2015, EPA tightened both the primary (health-based) and secondary (welfare-based) standards from 75 parts per billion (ppb) to 70 ppb after concluding that protecting public health and welfare requires lower concentrations of ozone than were previously judged to be safe. Ozone aggravates heart and lung diseases and may contribute to premature death; the primary standard addresses these concerns. Ozone can also have negative effects on forests and crop yields, which the secondary NAAQS is intended to protect. The designated nonattainment areas include counties in 22 states and the District of Columbia. Most of these areas have had previous experience as nonattainment for earlier versions of the NAAQS. Designation as nonattainment imposes more stringent permitting and pollution control requirement for new and modified stationary sources of emissions as compared with the requirements in areas that are in attainment of the NAAQS, and requires the development of State Implementation Plans demonstrating how emissions will be reduced sufficiently to reach attainment. EPA estimates the cost of meeting the 70 ppb standard in all states except California at $1.4 billion annually in 2025. Because most California areas would have until the 2030s to reach attainment, EPA provided separate cost estimates for California ($0.80 billion annually, post2025). These cost estimates are substantially less than those from the National Association of Manufacturers and other industry sources, which have been widely cited. The benefits of reducing ozone concentrations were estimated by EPA at $2.9-$5.9 billion annually by 2025. The dollar value of avoided premature deaths accounts for 94% to 98% of this estimate. The agency projects that most areas will be able to reach attainment of the new standards by 2025 as a result of already promulgated regulations for gasoline, autos, power plants, and other emission sources. These regulations are being implemented independently of the 2015 NAAQS revision. Members of Congress have shown particular interest in whether the expected benefits of the standards justify their projected costs. There is controversy over the methods used to estimate both costs and benefits. As the Clean Air Act is currently written, however, the agency is prohibited from weighing costs against benefits in setting NAAQS standards. The statute simply directs EPA to set the primary standard at a level requisite to protect public health, allowing an adequate margin of safety. Various interest groups have lobbied against strengthening the standards. In the 115th Congress, the House has passed H.R. 806 to delay implementation of the 2015 NAAQS until the mid-2020s and to make changes to the process of future NAAQS revisions. The House Appropriations Committee reported a similar delay as a rider to EPA’s 2018 appropriation (in Section 432 of H.R. 3354), but the final version of the appropriation (in H.R. 1625/P.L. 115-141) did not include the rider.
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