EPA proposes to leave another air quality standard unchanged

The US Environmental Protection Agency (EPA) announced July 13 it was proposing to leave the national ambient air quality standard (NAAQS) unchanged for ozone, 3 months after proposing to retain the current standards for particulate matter.

The standards are important to oil and natural gas producers, oil refiners, petrochemical manufacturers and many other industries that produce emissions of carbon compounds in the normal course of business.

Ozone concentrations have been falling year by year, and a review of the science and exposure data does not indicate a need to go beyond the stringent 2015 standard, the EPA said.

The announcement drew quick support from the American Fuel & Petrochemical Manufacturers, the American Petroleum Institute, the American Chemistry Council, and other industry groups. It drew equally swift criticism from the American Lung Association, the American Academy of Pediatrics, and other organizations wanting stricter pollution limits.

The proposal for the ozone standard will need to go through a 45-day public comment period and then a review of the comments before EPA can issue a final decision. The comment period for the proposal on particulate matter ended June 23.

Both NAAQS proposals are part of required 5-year reviews to determine whether air quality standards are adequate, and the complexities of arguments over scientific data can be substantial and not easily resolved. EPA often doesn’t review NAAQS standards on time.

“It’s possible that both these proposals could be signed by Dec. 31 of this year,” said an industry attorney who requested anonymity.

Disagreements and worries

There was little disagreement within the EPA’s Clean Air Science Advisory Committee over whether to tighten the ozone standard. There was more disagreement over the particulate matter standards—multiple standards subdivided by particle sizes and exposure periods.

The standards concern oil and gas companies, which is why their trade groups joined with other industry associations in filing extensive comments June 29 that delved into the scientific details on particulate matter and expressed support for the proposal to retain current standards.

In jurisdictions that are out of attainment or close to slipping out of attainment, officials may block new oil and gas exploration as the simplest way to meet particulate standards.

The analyses for air permitting can be complicated and expensive when a company wants to expand or significantly modify an oil refinery or other facility.

If, for example, a refinery expansion project is in an area not meeting the air quality standards or an area close to not meeting them, the company that owns the refinery may have to pay for offsets—pay to make reductions so that the refinery can be expanded.