EPA Ozone NAAQS Proposal Spurs Fight Between Health Groups, Industry

摘要

EPA has formally proposed to keep its national ambient air quality standards (NAAQS) for ozone unchanged at the levels set in 2015 by the Obama administration, setting the stage for a fight between public health advocates seeking tougher limits and industry groups opposing stricter standards as the agency moves to finalize its rule by the end of the year. Administrator Andrew Wheeler signed the proposal July 13, ahead of its forthcoming publication in the Federal Register. The proposal, as expected, would retain both the "primary," or health-based, limit and the "secondary," or welfare-based, limit at the same level of 70 parts per billion (ppb) set by the Obama EPA in 2015. Under the Clean Air Act, EPA must set the primary NAAQS at a level requisite to protect public health with an "adequate margin of safety." Wheeler has legal discretion to determine what that safety margin is, and to depart from the advice of his science advisers, provided he carefully explains the rationale for doing so. On a July 13 call with reporters, Wheeler said "we are confident that" the NAAQS "were properly decided and will withstand legal scrutiny." He said EPA's review included consideration of at-risk populations such as asthmatics. "We certainly did take that into account." Once the proposal has been published in Register, EPA will take public comment on it for only 45 days, an unusually short period for a major environmental regulation. EPA also plans two virtual public hearings, to begin 15 days after publication of the proposal.