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Ozone 8-Hour Status

The federal 8-hour ozone standards adopted by EPA in 1997 (0.08 ppm by volume for primary and secondary standards) were overturned in the US Circuit Court of Appeals for the District of Columbia in 1999 on the grounds that the agency had overstepped its authority and unlawfully usurped Congress’ legislative power. However, the EPA appealed the case to the US Supreme Court. In February 2000, the Supreme Court found that that EPA had not overstepped its authority and had not unlawfully usurped Congress’ legislative power; however, the Court did find that the implementation policy was unlawful. The Court confirmed that the Clean Air Act does not bar EPA from implementing the ozone standard. On November 13, 2002, the American Lung Association and eight other public interest groups filed a complaint alleging that EPA failed to designate areas for the 8-hour ozone standard. In response to this complaint, EPA published a proposed consent decree establishing April 15, 2004 as the date for promulgating attainment designations for the 8-hr ozone standard. On April 15, 2004 EPA designated as "nonattainment" areas throughout the country that exceeded the health-based standards for 8-hour ozone. Follow the link below for more information:

EPA's Final Nonattainment Designations for 8-Hour Ozone

 

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