The U.S. Environmental Protection Agency (EPA) proposed rules on Jan. 6 that would make air quality standards for ozone significantly more stringent. The proposal set a primary standard .06 and .07 parts per million (ppm) and a secondary seasonal standard within a range of 7 ppm-hours and 15 ppm-hours the weighted, cumulative exposure to ozone during daylight hours over a three-month growing season. The primary standard is set to protect public health and the secondary standard is designed to protect sensitive vegetation and ecosystems.
The proposal is actually a redraft of a final rule issued by the Bush administration in 2008, which had set the standard at .075 ppm. That action ignored EPA's Clean Air Scientific Advisory Committee, which had unanimously recommended a .060 ppm to .070 ppm standard and drew lawsuits filed by both states and environmental groups in the U.S. Court of Appeals for the District of Columbia Circuit to force a more stringent standard. In September 2009, EPA stayed implementation of the Bush standards, telling the court that they had concerns about whether the standards satisfied the requirements of the Clean Air Act. Environmental groups expressed strong support for the agency's recent action.
Under the proposal, EPA would accelerate identification of non-attaining areas and development and consideration of state implementation plans needed to meet the new standard. States would recommend areas to be designated as not in attainment of the revised standard in January 2011, with final determinations by EPA by July 2011. State implementation plans for the new ozone standards would be due to EPA by December 2013. States would be required to comply with the primary standard between 2014 and 2031. EPA estimates that the number of counties not in attainment with federal ozone standards will double if the proposal is finalized as drafted and that many counties would remain out of attainment for years to come.
It is very likely that the new more stringent ozone standard will have serious implications for industries including the vehicle aftermarket, forcing significant reduction in emissions from a wide range of sources including motor vehicles, consumer products and coatings. Once the proposal is published in the Federal Register, the public will have 60 days to submit comments. The agency plans to issue a final rule by Aug. 31, 2010. For a copy of the proposal, visit
www.epa.gov/air/ozonepollution/actions.html#jan10s.