While we try to figure out EPA’s new approach to regulating carbon dioxide, we should keep a very sharp eye on what they intend to do about ozone. Believe it or not, their ozone proposal may be more far reaching than the carbon dioxide regulations.
On December 17, 2014, EPA published its proposal for revising the ozone National Ambient Air Quality Standard (NAAQS). The Agency plans to reduce the ozone standard from 75 ppb, to “within a range of 65 to 70 ppb.” EPA is soliciting comments on setting the standard level below 65 ppb and possibly as low as 60 ppb. EPA’s home-cooking crowd at the Clean Air Scientific Advisory Committee (CASAC) recommended a range of levels from 60 to 70 ppb. EPA is required to finalize the rule by October 1, 2015, pursuant to a federal court order.
EPA has estimated the costs of achieving a 70 ppb standard at $3.9 billion and a 65 ppb standard at $15 billion nationwide (excluding California). My guess is that the compliance costs will be much higher. EPA doesn’t count $’s very well.
EPA thinks the states can meet the new rule through compliance with existing programs that are under way. These programs include: Mercury & Air Toxics Standards; Final Tier 3 Vehicle Emissions and Fuel Standards; Regional Haze rules and the proposed Clean Power Plan (CO2). Other control measures available to the states includes: Additional NOX controls for non EGU sources such as industrial boilers. Other potential VOC controls include permanent total enclosures for paper and web coating operations and fabric operations; incinerators or thermal oxidizers for wood products and placing NOx requirements for dry cleaners and fireplaces.
A key concern with the lower limits is that background ozone concentrations could make achieving attainment very difficult, if not impossible.
Trying to blunt the effect of the numerous EPA regulations is like killing snakes-too many to stay focused on, but this one is important to try to push back. You should contact your state and national associations about this one and get some comments into the system. It also wouldn’t hurt to contact your Congressional delegation to see about putting the brakes on this proposal.
Good luck!