New EPA "Smog" Standards

The Environmental Protection Agency (EPA) has proposed to lower the national standards of acceptable levels of ground-level ozone or “smog,” one of the most widespread air pollutants. This new regulation would potentially label counties in 34 states as non-compliers, according to EPA's estimates. This change is being proposed in the interest of public health, particularly relieving those with respiratory or cardiovascular problems and aiming to significantly reduce health care costs. The estimated value of mortality benefits and other health improvements as figured by the EPA range from $13 to $37 billion per year by 2020.

Federal officials are proposing an ozone target range of between .060 parts per million and .070 parts per million, a reduction from the currently acceptable level of .075 parts per million that was set when the Bush administration tightened the standards in 2008.

Mary Maupin, a specialist in the Air Quality Division of the Michigan Department of Natural Resources and Environment explains that, “the key determinant for deciding the parts per million level for the ozone standard is supposed to be the level that is protective of the public health with a margin of safety, no more and no less.  However, ozone is one pollutant without a threshold under which no ill effects are seen, which is to say that any amount of ozone is bad for health.”

If the lower range is settled upon, as many as 21 counties could be in noncompliance in Michigan, whereas under current regulation levels, only Allegan County is in noncompliance. In states with heavily industrial economies already having trouble attracting new growth, these regulations could have a devastating effect. Costs of reduction have been estimated between $19 billion and $25 billion per year in 2020 for a level of 0.070 ppm and between $52 billion and $90 billion for a standard of 0.060 ppm. These EPA estimates maintain assumptions that the new standards can be achieved using both currently utilized air pollution control technologies and future technologies that have yet to be developed.

For Michigan counties that are in non-attainment, the State is required to submit a corrective plan of action for improving air quality to the EPA. “States develop these attainment plans by evaluating control programs that will be put in place in the non-attainment area and controls in upwind areas will be considered as well.  When the appropriate controls are selected that will lower the pollution levels enough to meet the air quality standards within the required timeframe, they are adopted in regulation form at the state level and then submitted to the U.S. EPA for approval,” according to Douglas Aburano, an Environmental Engineer for the EPA’s Region 5 office which represents Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.

“ [It] states fail to submit an acceptable plan, sanctions may be imposed in the form of enhanced new source requirements (for new buildings or expansion projects) and the withholding of federal transportation funds,” says Maupin. In this case, the EPA must also create a Federal Implementation Plan (FIP) for the area.

Michigan Congressman John Dingell, a fierce supporter of the auto companies, was a key opponent of tighter ozone standards in 1997 and still maintains his opposition towards the current proposals. In July, Dingell circulated a letter on Capitol Hill warning members of Congress to be wary of the EPA's estimates, stating that the “EPA probably understates the counties at risk.” He warned members with counties on EPA's list that businesses should reconsider implementing expansion plans or opening new plants in their area and also should expect there to be new restrictions on transportation activities.

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