Our Sites

Manufacturers want Congress to restrain EPA on ozone

It seems unlikely that Congress will force the Environmental Protection Agency (EPA) to pull back its new rule on ozone.

Ground-level ozone forms when nitrogen oxides (NOx) and volatile organic compounds (VOCs) react in the air. Scientific evidence shows that ozone can cause a number of harmful effects on the respiratory system, including difficulty breathing and inflammation of the airways. EPA has dropped its ozone standard from 75 parts per billion to 70 PPB. The agency plans to designate nonattainment areas within each state for those locations that do not meet the new standard within the next two years. The states have another year beyond that to submit state implementation plans declaring what kind of regulatory approach they will take to bring non-attainment areas into attainment.

Republicans in the House and Senate introduced the Clean Air, Strong Economies (CASE) Act in March, anticipating this EPA final rule. But neither of the committees that the bill (H.R. 1388/S. 751) was referred to have acted on it. The bills would force the EPA to delay implementing the 70-PPB ceiling until 85 percent of the counties in the U.S. now out of attainment under the 75-PPB standard meet that standard. Of the 46 nonattainment areas designated in 2008, only 18 are currently meeting the 75-PPB standard.

Both bills have one or two Democrats as co-sponsors, so it is possible, even likely, the bills will pass Congress.

Another option is to block the rule under the Congressional Review Act, a rarely used law that allows a simple majority to reject major regulations. That effort almost certainly will have to overcome a veto from President Obama, and Sen. Jim Inhofe, R-Okla., the chairman of the U.S. Senate Committee on Environment and Public Works, lacks the votes he needs to succeed in overriding the presidential veto.

The reduction from 75 PPB to 70 PPB was not as drastic as it could have been; the EPA was considering a ceiling at 60 PPB. Meanwhile, the 75-PPB ceiling has not even gone into effect yet, and many 2008 nonattainment areas are struggling to meet that easier goal. Typical regulatory actions for these areas include making it more difficult to obtain permits to expand manufacturing.

National Association of Manufacturers (NAM) President and CEO Jay Timmons said now it’s time for Congress to step up.

“Today the Obama administration finalized a rule that is overly burdensome, costly, and misguided,” Timmons said.

About the Author

Stephen Barlas

Contributing Writer

Stephen Barlas is a freelance writer that has more than 30 years of experience covering Congress, the White House, and the many regulatory agencies found in Washington, D.C. He has covered issues affecting the metal fabricating industry for The FABRICATOR for more than a decade.