As we have discussed frequently, in these pages and elsewhere, the adoption of new programs and regulations seems to be continuing to increase, both in pace and number and in complexity and cost.  As a limited example, just recently we have seen the Water of the US rule finalized; we are about to see a new ozone limit and the clean energy rule.  In addition to these large programs, we are seeing smaller adjustments to existing programs that will also have significant effects on states and their regulated communities.  The projected cost of these actions and requirements are mind-boggling.

These changes are alternatively pilloried or praised, depending on the viewpoint of the speaker.  Unfortunately and from all viewpoints, thoughtful and thorough examination of the impact and effect of these changes is often missing.  Let’s look at the proposed reduction of acceptable ground level ozone.  If you examine the trajectory of ozone levels over the past several decades, it is clear that other efforts and programs are resulting in a continuing decline of these levels.  Communities are declared to be in attainment or non-attainment based on past records, often several years past.  But a designation of non-attainment results in a virtual freeze in the expansion of industry or any development that may contribute to ozone levels.  Often, the community being punished for levels measured several years previously has no control over the sources of the ozone.  Knoxville recently achieved listing as attainment or in compliance with the current limit of 75 part per billion, following three years with a status of non-attainment.  The analytical data supporting attainment was from 2011 through 2013.  So for a period of four to five years, Knoxville was limited in where they could build roads, their businesses were limited on expansion and job creation and new employers turned to other areas while the areas was – in actuality – in attainment with the standards.  Most interesting is a statement – and an accompanying map – posted on EPA’s website which states “EPA projections show the vast majority of U.S. counties with monitors would meet the proposed standards by 2025 without taking additional action to reduce emissions.”

So why are we punishing between 350 and 550 counties across the nation for not meeting standards that EPA believes will be met by 2025?