The Agency set the form-that is, how compliance is measured-based on the 3-year average of the fourth-highest daily maximum 8-hour concentration this is the same form used in the 2008 NAAQS. In the 2015 NAAQS, the EPA lowered the primary and secondary standards, both set in 2008 at 0.075 parts per million (ppm), to 0.70 ppm ozone. EPA)places a burden on states and industry, which will need to do more to attain the standard.įollowing are highlights of the D.C. While neither side succeeded in forcing a revision of the 2015 primary standard, the outcome of the case ( Murray Energy Corporation v. Also, the court agreed with environmental petitioners that a grandfathering provision the Agency included in the 2015 amendments had no basis in the Clean Air Act (CAA) the panel vacated that provision. However, the court also agreed with environmental petitioners that the Agency’s 2015 amendments to the secondary or welfare ozone NAAQS veered without sufficient explanation from several CASAC recommendations accordingly, the court remanded the secondary standard to the EPA for reconsideration. Relying on recommendations the EPA’s Clean Air Scientific Advisory Committee (CASAC) made on revising the previous (2008) ozone NAAQS, the panel found that the Agency acted within those recommendations and reasonably amended the primary standard. At the other end, industry and state petitioners said the standard was too stringent and not adequately justified by the science the EPA presented. At one end, environmental and health advocacy groups argued that the standard was insufficiently protective of children. Two challenges filed from opposite directions against the EPA’s 2015 primary or health-based National Ambient Air Quality Standards (NAAQS) for Ozone were denied by a panel of the U.S.
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