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EPA Proposes Stricter Limits on Ozone
Alert
01.08.2010
On January 6, 2010, the U.S. Environmental Protection Agency ("EPA") announced a proposal to impose stricter air-quality standards for ozone (the main component of smog) under the Clean Air Act. The proposed reductions would significantly tighten the previous 2008 limits.
EPA specifically proposes reducing the eight-hour "primary" ozone standard of the national ambient air quality standards (NAAQS) from 75 parts per billion (ppb) to between 60 ppb and 70 ppb. This constitutes only the third time in almost 40 years that the ozone standards have been tightened.
EPA is expected to select a specific target within the 60-70 ppb range by August of 2010. The final target will have major implications for the regulations that state and local officials will have to enact to meet these new federal requirements. States will have to submit implementation plans detailing how they plan to meet the new limits by December of 2013. Under the current standard of 75 ppb, it is estimated that 322 counties of the 675 that monitor ozone levels are out of compliance.
Power plants and motor vehicles are significant emitters of the pollutants that form smog, however, smaller sources such as gas lawn mowers could face regulation under the new restrictions, depending on the specific ozone limit EPA selects.
EPA estimates that implementing this proposal will cost between $19 billion to as much as $90 billion by 2020. However, the EPA estimates that the new rules could prevent thousands of premature deaths and yield health benefits worth $13 billion to $100 billion.
As part of the new proposed reductions in the primary ozone standard, EPA also announced it will set a secondary, seasonal limit to protect plants and trees from prolonged exposure to ozone.
The new rules will be subject to a 60 days public comment period before becoming final.
Questions?
If you have questions regarding this proposed rule and the impacts that it may have for your company, please contact Jeff Talbert or Steve Hudson with Preti Flaherty's Climate Strategy Group. A link to the proposed rule is provided at http://www.epa.gov/air/ozonepollution/pdfs/20100106fr.pdf.