Van Hollen Joins Whitehouse, Doggett in Urging EPA to Strengthen Ozone Smog Standards

U.S. Senator Chris Van Hollen (D-Md.) joined Senator Sheldon Whitehouse (D-R.I.), Representative Lloyd Doggett (D-Texas), and a bicameral group of their Democratic colleagues in sending a bicameral letter urging the Environmental Protection Agency (EPA) to quickly finalize more robust National Ambient Air Quality Standards (NAAQS) for ground-level ozone, a harmful pollutant and the main ingredient of smog.

“We commend EPA’s commitment to address pollution and its health-related impacts and appreciate the important steps it has taken these past few months—however, accepting the current ozone standard as adequate would be a rebuke of both EPA’s mandate to protect human health and EPA’s foundational principle, to follow the science.  The science indicates that to adequately protect public health, EPA must promulgate a stronger primary ozone standard,” wrote the lawmakers.

Even low levels of ozone smog can be harmful to human health.  Exposure to ozone can pose a number of health concerns, including, difficulty breathing, lung damage, and more frequent asthma attacks.  Individuals that suffer from asthma or lung disease, children, communities of color, outdoor workers, and other vulnerable populations face an elevated risk of health effects from exposure to ground-level ozone.

The existing primary and secondary NAAQS for ozone are 70 parts per billion (ppb), which were established in 2015.  In December 2020, the Trump Administration’s EPA issued a final rule concluding that 70 ppb was sufficient.  This occurred despite repeated science-based recommendations from the Clean Air Scientific Advisory Committee (CASAC) – a group of independent experts tasked with providing science-based advice on Clean Air Act provisions – that the standard be set below 70 ppb. 

In July, CASAC released a final report to EPA recommending that the Agency strengthen the NAAQS for ozone from its current level of 70 ppb to a range of 55 and 60 ppb.  In their letter, the lawmakers urged the EPA to follow the experts and update their standards accordingly. 

“Unfortunately we’ve seen the process for updating the ozone standards repeatedly swept up in political games that risks lives,” added the lawmakers. “We are counting on this administration to break this cycle, follow the science and the advice of its independent scientific expert panel, honor its environmental justice commitments, and strengthen and finalize the ozone standard before Spring 2024.  Promulgating strong ozone standards is one of the most effective tools this administration has to tackle air pollution and narrow racial exposure disparities.”

The letter, led by Senator Whitehouse, was cosigned, in addition to Senator Van Hollen, by Senators Richard Blumenthal (D-Conn.), Ben Cardin (D-Md.), Edward J. Markey (D-Mass.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Bernie Sanders (I-Vt.), and Elizabeth Warren (D-Mass.).  Rep. Doggett led his colleagues in  the House of Representatives in signing the letter.  The letter was supported by Climate Action Campaign, League of Conservation Voters, Moms Clean Air Force, Earthjustice, and the Sierra Club.

The text of the letter is below and a PDF is available here.

Dear Administrator Regan:

We write to urge the Environmental Protection Agency (EPA) to swiftly propose and finalize stronger National Ambient Air Quality Standards (NAAQS) for ground level ozone. We commend EPA’s commitment to address pollution and its health-related impacts and appreciate the important steps it has taken these past few months—however, accepting the current ozone standard as adequate would be a rebuke of both EPA’s mandate to protect human health and EPA’s foundational principle, to follow the science. The science indicates that to adequately protect public health, EPA must promulgate a stronger primary ozone standard.

Despite an abundance of scientific data that the current standard does not adequately protect public health or the environment, EPA staff reaffirmed a 2020 decision by recommending that the 2015 standards remain in place at 70 ppb. In June 2023, the Clean Air Scientific Advisory Committee (“CASAC”), a panel of independent experts, explained that “the scientific evidence indicates that the level of the current primary standard is not sufficiently protective of public health.” All but one of the 18 panel members recommended a stronger primary ozone standard of 55-60 ppb based on the scientific evidence, which included more extensive data on the health impacts to vulnerable populations. By the same margin, they also recommended strengthening the secondary ozone standard to protect forests, crops, and entire ecosystems.

According to the American Lung Association’s 2023 “State of the Air” report, more than 100 million Americans live in counties with F grades for ozone smog—and people of color are 3.7 times more likely to live in areas with the unhealthiest air. As the CASAC report details, children, people with asthma, outdoor workers, communities of color, and other vulnerable populations face an elevated risk of health effects. These include triggering asthma attacks, severe lung disease, permanent lung damage, and airway inflammation and infection. Additionally, long-term ozone exposure is likely a cause of developing asthma. Delaying the finalization of a stronger standard means millions of Americans will continue to suffer through more bad air days, prolonging their exposure to this harmful and even deadly pollutant. For adults with asthma, this can result in missed days of work—a particular difficulty for unsalaried and part-time workers. For children, asthma attacks are a top reason for missing school. This contributes to students falling behind and creates a childcare hardship for working families.

The Clean Air Act mandates that EPA set primary ambient air quality standards based solely on the latest science in order to properly protect public health, including the health of sensitive and at-risk populations, with an adequate margin of safety. EPA also must set secondary ambient air quality standards solely based on scientific evidence of what is necessary to protect public welfare. Unfortunately we’ve seen the process for updating the ozone standards repeatedly swept up in political games that risks lives.

We are counting on this administration to break this cycle, follow the science and the advice of its independent scientific expert panel, honor its environmental justice commitments, and strengthen and finalize the ozone standard before Spring 2024. Promulgating strong ozone standards is one of the most effective tools this administration has to tackle air pollution and narrow racial exposure disparities. We look forward to supporting the EPA in its crucial work to address pollution and ensure healthier air for all.

Sincerely,