EPA Must Update Ozone Standards to Protect Public Health

Ground-level ozone is one of the most deadly pollutants in the air for an asthmatic. Inhaling air containing ozone, a key component in smog, reduces lung function and aggravates respiratory conditions.  Prolonged and repeated exposure to ozone has been associated with permanent scarring of the lung and even premature death.  

In July 1997, after years of scientific research, deadline lawsuits and a highly charged political battle, The U.S. Environmental Protection Agency (EPA) completed major revisions to the national ambient air quality standards (“NAAQS”) for ozone pollution. The existing one-hour standard was replaced by an eight-hour standard at a level of .08 ppm.  EPA revised the eight-hour standard downward in 2008 following a periodic review.  The finalized standard was contrary to recommendations of the agency’s expert review committee, the Clean Air Scientific Advisory Committee (“CASAC”), which recommended EPA adopt both a stricter primary standard and a secondary standard that addresses cumulative seasonal ozone impacts.  

A coalition of 14 states, New York City and the District of Columbia filed a suit challenging the standards on the ground that the EPA ignored the recommendations of its own experts and set standards at levels that are insufficient to protect public health and the environment.  

In response to these objections, the Obama administration undertook a review of the 2008 standards and in early 2010, EPA proposed major revisions to the 2008 ozone NAAQS that are largely consistent with the CASAC’s earlier recommendations.  The EPA proposed to reduce the level of the eight-hour primary (health-based) standard from .075 ppm to a level between .06 ppm and .07ppm EPA also proposed major changes to the secondary (welfare- based) ozone standard.