Suit attacks dirty-air rules

By Judy Fahys

May 28, 2008 (McClatchy-Tribune Regional News delivered by Newstex) -- New limits on summertime ozone don't go far enough to protect health and the environment, says a coalition that has filed suit over the Bush administration's ozone regulations.

"The Clean Air Act requires EPA to adopt standards strong enough to protect our lungs and our environment," said David Baron, an attorney for the public-interest law firm EarthJustice, which is representing the advocacy groups. "We're fighting to make sure that happens."

Meanwhile, several states, including Texas, have hinted they also might try to block the new regulations -- for being too tough. State Division of Air Quality Director Cheryl Heying said Utah has no plans to fight the summertime smog standards, which could mean pollution-cutting controls like special gasoline nozzles for as many as six Utah counties.

"We plan to move forward with the new standard," she said. "We're not planning to sue anybody. We just want to get on with it."

EarthJustice filed the lawsuit on behalf of the American Lung Association, Natural Resources Defense Council, Environmental Defense Fund, National Parks Conservation Association and Appalachian Mountain Club. They say the U.S. Environmental Protection Agency did not follow laws requiring that air standards be based on solid science and be protective of public health and welfare.

A scientific team working for the agency urged EPA Administrator Stephen Johnson to adopt a new limit at between 60 and 70 parts-per-billion ozone. Instead, he announced 75 parts-per-billion.

Under this "8-hour standard," areas that have ozone concentrations higher than 75 ppb too often must look for new ways to cut ozone pollution.

The old standard was 80 ppb, and all Utah communities barely met it. The new limits are expected to pose big challenges for Salt Lake, Davis, Weber, Box Elder, Tooele and Utah counties and more than 300 other U.S. counties.

Ozone is an odorless, colorless gas that tends to be a problem in Utah during the summer. It is a mixture of chemicals -- largely released from combustion engines used by vehicles and industry -- that cooks in the summer sun.

It could hurt people with lung and heart conditions. It also makes breathing harder for the very young, the very old and people who exert themselves outdoors.

"Ozone pollution threatens breathing for millions of Americans, especially children, the elderly and people with lung disease, including asthma," said Lung Association President and Chief Executive Officer Bernadette Toomey. "The EPA's decision to disregard the overwhelming evidence and the advice of respected experts is a decision that we could not allow to go unchallenged."

Newstex ID: KRTB-0192-25587627