Alabama challenging new EPA ozone rules in court

Copyright 1999 Associated Press
January 25, 1999



Alabama and seven other states are challenging the Environmental Protection Agency's strict new air pollution guidelines, which seek to reduce ground-level ozone.

The lawsuit by the Alabama Department of Environmental Management could affect efforts by Huntsville and Mobile to avoid penalties under the new standards.

Alabama is among 21 states the EPA has ordered to reduce ozone. The federal agency contends windblown pollution from the South and the Midwest is responsible for increasing ozone levels in Northeastern states, and that finding is being challenged in the lawsuit.

"Certainly emissions in Alabama have some effects in air quality anywhere in the world," said Ron Gore, head of ADEM's air quality branch. "But we think that effect falls off into insignificance very quickly at roughly the state borders."

While Birmingham has long fought unsuccessfully to meet old standards for ozone emissions, Huntsville and Mobile are among cities targeted by the new guidelines.

For the last two years, Huntsville's ozone levels have been above the new EPA standards, which go back to 1997 and are judged in three-year periods. So if Huntsville's level exceeds the standards again this year, it would be placed in the "nonattainment" category, like Birmingham or Atlanta.

Mobile and Huntsville are hoping to avoid being forced to take drastic measures, such as selling cleaner-burning gas and lowering industry emissions of nitrogen oxide.

Huntsville officials hope EPA will classify the city as "transitional nonattainment." That means the city has had historically low ozone levels, below the EPA's old threshold of .12 parts per million. Mobile also has historically low ozone levels.

Gore said Huntsville and Mobile probably would prefer that ADEM had not filed the suit.

"EPA uses the offer of that transitional status as a lever to induce states not to sue," he said.

"EPA's position is: Smog is not just a local problem, it's a regional problem," said Danny Shea, Huntsville's manager of natural resources and environmental management. "If you are just barely above the standards (like Huntsville), regional reductions would be enough to lower your background ozone levels."

But there is a loophole, according to Kay Prince, chief of the regulatory planning section at EPA's air branch in Atlanta. ADEM can submit regulations that accomplish what EPA wants, while still challenging the rules. ADEM would have to submit the regulations to the federal agency by September, but wouldn't have to implement the new rules until May 2003.

Still, for Huntsville and Mobile to get transitional status, the state must adopt the rules and not force EPA to use law to achieve the reductions it wants, Ms. Prince said.

Once ADEM submits a statewide reduction plan, it could submit attainment plans for Huntsville and Mobile, detailing the cities' past ozone history, regulations and historical meteorological data.

While environmentalists have criticized ADEM for spending money on research to disprove EPA's wind-blown theory, Gore said the research could also help reduce pollution in Birmingham.

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