The U.S. Environmental Protection Agency (EPA) issued a proposal¹ on November 25, 2014 to update the National Ambient Air Quality Standards (NAAQS) and improve air quality by reducing ozone (O₃). The proposal recommends updates to both the primary standard which protects public health and the secondary standard which protects public welfare. The current ozone standard, set in 2008, is 75 parts per billion (ppb) during an eight hour time period. The EPA is proposing an eight hour reduced standard of 65-70 ppb; however, the agency is also seeking comments from the public on the possibility of a 60 ppb standard.
In addition to a new standard, the proposal includes changes to monitoring requirements. It will extend the ozone monitoring season for 33 states, including Pennsylvania and New Jersey, to coincide with the time of the year when data has shown ozone to grow to unhealthy levels, typically during the growing season. The proposal will also update the Air Quality Index, a color-coded tool used by the EPA for communicating air quality to the public, to correspond with the new standard.
Each state will be responsible for ensuring that its counties are in compliance with the new standard. Counties in which O₃ levels are below the standard are designated as attainment areas, and counties in which O₃ levels exceed the standard are designated as non-attainment areas. States will be required to create and implement programs and regulations to reduce O₃ levels in non-attainment areas which, according to the National Association of Manufacturers (NAM)², will have a significant impact on economic growth. NAM predicts that full compliance with the more stringent proposed standard, will require the shutdown, scrappage, or modification of power plants, factories, heavy-duty vehicles, and possibly passenger cars. Energy production in non-attainment areas may be restricted causing energy costs to skyrocket.
Full compliance with the proposed ozone emissions reduction may be unrealistic for some counties in New Jersey and Pennsylvania. According to the EPA³, out of New Jersey’s 15 counties, only 5 are in compliance with the current 75 ppb standard. Of Pennsylvania’s 36 counties, 29 are currently in compliance. If the standard were 70 ppb today, 13 of New Jersey’s 15 counties and 22 of Pennsylvania’s 36 counties would be in violation of the NAAQS. EPA projections predict that current rules, regulations, and programs will enable the majority of U.S. counties to meet the revised standards by the proposed deadline of 2025; however, the agency also acknowledges that some non-attainment areas will require more time and additional emissions controls.
The EPA is expected to announce a decision on NAAQS revisions in the fall of 2015. The EPA will accept written comments regarding the proposed updates until March 17, 2015. For instructions on how to submit a comment, click here. Three public hearings will also be held on the proposed changes. For more information on hearings, click here.
Stricter emissions standards will make it more difficult for businesses to obtain permits. The EPA’s Prevention of Significant Deterioration (PSD) program requires new or expanding sources of air pollution (factories, industrial boilers, power plants, etc.) to apply for permits to ensure that the most effective means of controlling pollution are being utilized. The EPA proposal includes a grandfather provision⁴ that would apply to PSD applications that meet the following criteria:
- The permitting agency has formally determined the application to be complete on or before the date that the EPA rule is finalized.
- The public notice for a draft permit or preliminary determination has been published prior to the date revised ozone standards become effective.
Philadelphia Environmental Lawyers at Michelman & Bricker, P.C. Are Skilled Environmental Litigators
With the ever-changing rules and regulations governing environmental issues, even the most well-intentioned businesses can find themselves hard-pressed to meet the complex demands of federal and state regulatory agencies. Attorneys at the New Jersey Environmental Law Firm of Michelman & Bricker, P.C. have worked with clients large and small, ensuring that the necessary steps are taken to help our clients comply with the law, to avoid costly government enforcement actions. For more information about the new air quality standards and how they might affect businesses which have existing air quality permits, or which are adding new equipment and constructing new sources or new facilities, call the experienced environmental lawyers in Philadelphia at Michelman & Bricker, P.C. at 215-557-9440 or submit an online contact form. We have offices are conveniently located in Cherry Hill, New Jersey and Philadelphia, Pennsylvania.