Vermont Business Magazine Vermont Attorney General TJ Donovan and 14 other attorneys general filed a lawsuit December 5 accusing the Environmental Protection Agency of violating the Clean Air Act by delaying air quality standards for ground-level ozone pollution. Ground-level ozone causes asthma and other respiratory problems. The EPA determined a new standard, adopted in 2015, would have public health benefits worth an estimated $2.9 billion to $5.9 billion.
The Clean Air Act requires the EPA to designate areas around the country that do and do not meet the new standard within two years of its adoption. Areas that do not meet the standard face strict limitations on industrial and commercial facilities that are sources of compounds that lead to the creation of ground-level ozone.
Ground-level ozone is different from the naturally occurring ozone in the stratosphere that makes up the ozone layer. Ground-level ozone is a harmful pollutant from sources like cars, power plants and refineries.
The administration has not met its two-year deadline, which passed on October1, and has yet to designate any areas that do not meet the new air quality standards.
Earlier this year, attorneys general successfully blocked a Trump Administration attempt to delay the same ground-level ozone designations by an additional year.
Vermont, along with 13 states and the District of Columbia,filed a lawsuit, datedDecember 5, 2017, in USDistrict Court for the Northern District of California alleging the administration violated the Clean Air Act by failing to make the important air quality designations.
The Clean Air Act requires the EPA to adopt air quality standards that protect public health and welfare. The process of adopting the 2015 standards was lengthy and robust, including a scientific assessment more than 1,000 pages long, two Risk and Exposure Assessments, three hearings and input from the Clean Air Scientific Advisory Committee.
Significant health effects are associated with exposure to ozone, including emphysema, asthma, lung tissue damage, coughing and throat irritation, as well as aggravation of existing conditions like asthma, bronchitis and heart disease. Children and the elderly are at particular risk from exposure to ozone pollution.
In late July, the administration announced its decision to delay the deadline for adopting the designations for an additional year, in violation of federal law. The attorneys general successfully challenged that delay, forcing the EPA to withdraw its decision.
The ground-level ozone designations were due on October1, a deadline the administration failed to meet. Four days later, 13 states and the District of Columbia issued a60-day noticeof their intent to sue the federal government for failing to issue the designations.
Source: Washington Attorney General Dec 5, 2017