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Federal policy on ozone standards, 2017
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In July 2017, the U.S. House of Representatives voted to delay implementation of a national ground-level ozone (smog) standard of 70 parts per billion (ppb), which was issued by the EPA in October 2015 under the Obama administration. In June 2017, the Environmental Protection Agency (EPA) announced it would delay implementation of the standard for one year. On August 1, 2017, fifteen states filed suit with the U.S. Court of Appeals for the District of Columbia Circuit requesting the court to overturn the EPA's implementation delay. On August 2, 2017, the EPA announced it would reverse its delay of the standards and would move forward with their implementation. EPA officials added that the agency would consider state-specific or regional delays for the standard.[1][2]
This page tracked major events and policy positions of the Trump administration and the 115th United States Congress on ozone standards in 2017. Think something is missing? Please email us at editor@ballotpedia.org.
This page outlines legislative, legal, and administrative actions taken on federally set ozone standards. In addition, this article includes an overview of how federal ozone standards are set and information on the EPA's decision to lower the federal ozone standard in 2015.
Ozone standards in Trump's first year
This section includes information on ozone standards in Trump's first year in reverse chronological order.
Appeals Court strikes down HFC ban (August 2017)
On August 8, 2017, the D.C. Circuit Court of Appeals, in a 2-1 decision, said the Environmental Protection Agency does not have the authority to ban the use of certain chemicals used in air conditioners. The ban was enacted as part of a 2015 rule prohibiting the use of hydrofluorocarbons (HFCs), which are commonly found in aerosol cans, air conditioners, and refrigerators. The court ruled that since HFCs are not ozone-depleting, the EPA cannot use the Clean Air Act to ban their use. The rule was passed under the previous administration to comply with the 1987 Montreal Protocol, an agreement aimed at stopping ozone depletion.[3]
House vote on implementation delay (July 2017)
On July 18, 2017, the U.S. House of Representatives voted 229-119 to delay implementation of the federal ground-level ozone (smog) standard for 70 parts per billion (ppb), which was issued by the EPA under the Obama administration in October 2015. The bill would delay the standard's implementation until the year 2025 and would require the EPA to reconsider the federal ozone standard every 10 years instead of every five years.[4]
EPA decision on implementation delay (June 2017)
In June 2017, the EPA announced it would delay for one year the implementation of the 2015 standard of 70 parts per billion (ppb) until October 2018. Under the original implementation plan, the EPA was slated to determine nonattainment areas in June 2017 and to finalize its decisions in October 2017. In a statement, Pruitt said that the delay would allow the EPA to work with states and localities to implement the standard in a way that improves air quality and does not interfere with local decision-making or negatively affect economic growth. Pruitt further stated that the delay would provide flexibility for states and localities to avoid being designated as nonattainment areas, which Pruitt argued result in reduced infrastructure spending, more regulatory requirements, higher business costs in these areas.[5]
On August 2, 2017, the EPA announced it would reverse its delay of the standards and would move forward with their implementation. In a notice published in the Federal Register, EPA officials wrote, "The EPA has continued to discuss and work with states concerning designations, and now understands that the information gaps that formed the basis of the extension may not be as expansive as we previously believed." EPA officials added that the agency may consider state-specific or regional delays for the standard.[6]
Federal lawsuit
On August 1, 2017, fifteen states sued the EPA for its decision to delay implementation of the 2015 ozone standard. As of August 1, the states included California, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Minnesota, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington. The states filed the lawsuit with the U.S. Court of Appeals for the District of Columbia Circuit to overturn EPA Administrator Scott Pruitt's extension for states to comply with the 2015 standard. On August 2, 2017, the court permitted the 15 states to defend the standard as intervenors, which allows the states to be active parties in the litigation with a right to appeal. As of November 30, 2017, no further action had been taken in the lawsuit.[7][8]
Overview of the 2015 ozone standard
In October 2015, the EPA lowered national ground-level ozone standards from 75 parts per billion (ppb) to 70 ppb. The EPA and other proponents of the standard argued that the 75 ppb standard was inadequate to reduce the long- and short-term risks of ozone exposure in children, older adults, and individuals with asthma or lung disease. The agency concluded in 2015 that the standard should be lowered to 70 ppb to reduce the effects of short-term ozone exposure in the above individuals—such as decreased lung function and respiratory inflammation that may lead to emergency room visits or missed days of work or school.[1][2]
Proponents of the 2015 standard argued that the 2008 standard of 75 parts per billion was outdated and in need of an update to reduce smog levels. Proponents argued that recent clinical studies had justified lowering the standard to 70 parts per billion in order to protect public health and reduce negative health effects in healthy adults. Further, proponents argued that the standard would reduce premature deaths, asthma attacks in children and older adults, and missed days of school and work.[9][10]
Opponents of the 2015 standard argued that the 2008 standard is adequate to reduce the negative effects of ozone exposure. In addition, opponents argued that the costs of the 2015 standard are greater than its benefits because the EPA included reductions in particle pollution in addition to a reduction in ozone to calculate health benefits. As a result, opponents argued that the EPA already regulates particle pollution through the NAAQS for particulate matter and that few benefits would result specifically from further reductions in ozone.[11][12]
Overview of ozone standards
- See also: Ground-level ozone standards
The Clean Air Act established nationwide air quality standards for six air pollutants known as criteria pollutants: ground-level ozone, sulfur dioxide, particulate matter, nitrogen oxide, carbon monoxide, and lead. These standards, known as National Ambient Air Quality Standards (NAAQS), set ceilings for the six air pollutants, and states enact state implementation plans outlining enforceable, source-specific emissions limits for these pollutants. Each state plan must show that the state will meet and maintain the NAAQS.[13]
Ozone is a colorless, inorganic gas that exists at ground level and in the Earth’s upper atmosphere. Naturally occurring ozone in the stratosphere (a layer from six to 30 miles above the Earth’s surface) shields the Earth from the sun’s ultraviolet radiation. Ground-level ozone is formed in the troposphere (the lowest layer of the Earth’s atmosphere) when nitrogen oxide and volatile organic compounds react in sunlight to produce smog, which may damage crops and vegetation. Smog can also cause health problems depending on concentration levels of ozone, duration of exposure, the average amount of air breathed per minute, and the length of time between short-term exposure to ozone. Ground-level ozone concentrations in general peak during the afternoon, and average concentrations are typically highest during summer months.[14]
There are natural and human-caused contributors to ground-level ozone. Volatile organic compounds (VOCs) are carbon-containing reactive compounds that are emitted naturally by plants and vegetation and from the burning of gasoline, coal, natural gas, and wood as well as solvents, paints, glues, and other household products. Natural sources of nitrogen oxides, which are contributors to ground-level ozone, include anaerobic plant respiration, lightning, and volcanic activity. Human-caused sources of VOCs and nitrogen oxides include motor vehicles, chemical and petroleum facilities, dry cleaners, electric power plants, and other industries.[14]
In setting NAAQS, the EPA sets two standards for criteria pollutants—primary and secondary standards. Primary standards limit pollution to protect human health, and secondary standards limit pollution to protect against visibility impairment and damage to animals, vegetation, and buildings. If a geographical area exceeds the NAAQS for one or more of the six criteria pollutants, the area is considered by the EPA as a nonattainment area. Geographical areas with pollutant concentrations below the NAAQS are known as attainment areas.[13][15]
In 1979, the EPA set the primary and secondary ozone standards at 120 parts per billion (ppb). The standards establish the maximum hourly average of ground-level ozone in a geographical area. Areas were considered in compliance with the standards if they have one day or less per calendar year of ozone concentrations greater than 120 ppb. In 1997, the EPA replaced the one-hour standards with eight-hour standards and set the maximum 8-hour average of ground-level ozone at 80 ppb. The standards were lowered to 75 ppb in 2008.[16]
Recent news
The link below is to the most recent stories in a Google news search for the terms Donald Trump ozone standards. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Federal policy on energy and the environment, 2017-2020
- Federal policy on climate change, 2017
- Federal policy on energy, 2017-2018
- Multistate lawsuits against the federal government, 2017-2020
Footnotes
- ↑ 1.0 1.1 Environmental Protection Agency, "2015 National Ambient Air Quality Standards (NAAQS) for Ozone," accessed June 9, 2017
- ↑ 2.0 2.1 Environmental Protection Agency, "EPA’s final air quality standards for ground-level ozone by the numbers," accessed June 3, 2017
- ↑ Washington Examiner, "Federal court strikes down EPA rule key to Obama's climate agenda," August 8, 2017
- ↑ The Hill, "House votes to roll back Obama-era ozone standards," July 18, 2017
- ↑ Environmental Protection Agency, "EPA to Extend Deadline for 2015 Ozone NAAQS Area Designations," June 6, 2017
- ↑ Environmental Protection Agency, "EPA Continues to Work With States on 2015 Ozone Designations," August 2, 2017
- ↑ Associated Press, "15 states, including California, appeal EPA delay of stricter air-quality standards," August 1, 2017
- ↑ The Hill, "Court lets Dem states defend Obama ozone pollution rule," August 2, 2017
- ↑ ThinkProgress, "The EPA Is Set To Issue Rule Curbing A Dangerous Form Of Air Pollution," September 29, 2015
- ↑ Environmental Defense Fund, "EPA revises smog standard," accessed June 4, 2017
- ↑ The Daily Signal, "Alleged Benefits from Proposed Ozone Standard Have Little to Do with Ozone: Statement to the EPA," February 13, 2015
- ↑ Institute for 21st Century Energy, "EPA Should Ease Its New Ozone Standard," accessed June 11, 2017
- ↑ 13.0 13.1 U.S. Senate Environment and Public Works Committee, "Clean Air Act - Full Text," accessed June 11, 2017
- ↑ 14.0 14.1 World Bank Group, "Ground-Level Ozone," July 1998
- ↑ Environmental Protection Agency, "Applying or Implementing Ozone Standards," accessed June 1, 2017
- ↑ Environmental Protection Agency, "Table of Historical Ozone National Ambient Air Quality Standards (NAAQS)," accessed June 11, 2017
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