D. C. CIRCUIT RULES AGAINST EPA ON 2008 OZONE RULE

By TONI ELLINGTON

On December 23, 2014, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the EPA could not allow additional time for certain regions to achieve 2008 ozone air quality standards. At issue is a requirement that all regions ensure that transportation infrastructure projects will not exceed these standards.

The Clean Air Act requires the EPA to promulgate National Ambient Air Quality Standards for ozone and five other air pollutants which are considered harmful to public health.  The other pollutants are particulate matter, nitrogen oxides, carbon monoxide, sulfur dioxide, and lead.  The law also requires the EPA to review the standards periodically to ensure they provide adequate protection.

In 2008, the EPA revised and strengthened the ozone standards.  The National Research Defense Council (“NRDC”) challenged the EPA’s decision to allow extra time for compliance with the 2008 rule in NRDC v. EPA, No. 12-1321.  The D.C. Circuit ruled in favor of the NRDC in the case, finding that the agency exceeded its authority under the Clean Air Act by allowing extra time for compliance.
  

Following the D.C. Circuit’s ruling, the EPA announced a modified schedule for public hearings on the National Ambient Air Quality Standards.  Hearings will be held as follows:

January 29, 2015 Arlington, TX 9 a.m. to 7:30 p.m.

January 29, 2015 Washington, DC 9 a.m. to 7:30 p.m.

February 2, 2015 Sacramento, CA   9 a.m. to 7:30 p.m.

The deadline for submission of electronic comments is March 17, 2015.  For information or assistance with you public comments on this rule, call Toni Ellington at (504) 599-8500.