When he addressed the Business Roundtable on Sept. 15, US President Barack Obama acknowledged there could be problems for states and cities when the US Environmental Protection Agency issues possibly more stringent ozone rules on Oct. 1.
"We are mindful that in some cases, because of the nature of where pollutants are generated [and] where they blow, this can create a really complicated situation for certain local jurisdictions and local communities," Obama said. "Some states and counties [may] end up being hit worse than others. We're trying to work with [them] as best we can, taking their concerns into account."
The president tried to put distance between his administration and proposed regulations that could reduce ground-level ozone limits from the 75 ppb established in 2008 to a possible 65-70 ppb range on Jan. 1, 2016.
"Number one, we're under a court order to do this," he told the group. "I think there may be a misperception that EPA can do whatever it wants here. There were lawsuits brought under the previous administration that continued into [mine]. We went before a judge on this and actually-I think properly-got some additional time."
Obama said, "There was the notion that we were going to lower standards a few years ago, and then immediately get new data and force everybody to lower them all over again. And we said, let's just do this one time in a sensible way so that people can plan. But we've got some legal constraints."
His description may not conform with what the American Petroleum Institute, National Association of Manufacturers, and other business groups believe. They have called EPA's proposal the most expensive federal regulation in history, and warn it could have significant adverse consequences.
A policy decision
The groups also say it may not be necessary. "EPA is under statutory authority to review the standards every 5 years," said Howard J. Feldman, API's senior director of regulatory and scientific affairs. "It does not have to change the standards, but decided to listen to its science advisors who recommended reducing the levels."
Feldman told reporters during a teleconference, "This is a policy decision which [EPA Administrator Gina McCarthy] sets. This EPA, under President Obama, has varied from the science advisors, and it could do it again. [She] could simply say that the science contains flaws which could create serious problems."
The president, meanwhile, said, "This is an existing statute and an existing mechanism, and we are charged with implementing it based on the science that's presented to us. That's what we're trying to do, but we're taking this input into account. I recognize some of the concerns."