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Providence Journal - 2004-04-15

State fails new healthy air standard

PROVIDENCE -- All five counties in Rhode Island have failed to meet the Environmental Protection Agency's new standard for healthy ozone levels, according to a report to be released by the agency today.

The new standard -- called the eight-hour standard -- is more stringent than the one-hour standard it replaces by defining violations over an eight-hour period and averaging peak levels over three years. The new standard replaces a one-hour measurement standard widely criticized for not taking into account the health effects that can be caused by long-term exposure to ozone.

The new standard grew out of a lawsuit brought against the EPA by environmental groups. Those groups argued that the one-hour standard did not comply with the Clean Air Act of 1990 and was not protective of public health.

Few of those environmental organizations fully welcome the new standard because it allows states three more years to meet the deadline for air-quality standards -- from 2007 to 2010.

Rhode Island has exceeded healthy ozone levels on a consistent basis since 2000 and it is not alone. All but a handful of coastal areas from Connecticut to Maine are in violation of the eight-hour standard, as are all counties in Massachusetts.

Ozone, also known as ground-level smog, is a lung irritant, causes increased asthma attacks in children, and has been likened by the EPA to "sunburn" of the lungs. It peaks during the hot summer months. Contrary to popular belief, the worst smog is caused less by increased auto traffic than it is by stagnant weather.

The last bad air-quality day in Providence was last Aug. 22, when the temperature reached 90 degrees. Ozone levels that day reached higher than the .085 parts-per-million ceiling the EPA designates as the cutoff for healthy air quality .

The issue of how to meet the new standard is a thorny one for a small state like Rhode Island whose air pollution comes from afar. A recent EPA study found that more than 90 percent of the state's air pollution comes from other states. Some of those states include New York, New Jersey and Pennsylvania.

By 2007, the state has to have a plan for meeting the 2010 deadline on the EPA's new eight-hour standard, said David Conroy, air program chief for the EPA.

But any plan will be highly dependent on the plans adopted upwind of Rhode Island, said Conroy.

"What we're urging the state to do is to work together on regional strategies," Conroy said.

A regional strategy will be crucial to any implementation plan submitted to the EPA by 2007, said Stephen Majkut, air quality chief at Department of Environmental Management.

The state is already a member of the Ozone Transport Commission, which is working on regional plans to help reduce ozone levels.

However, some of the state's ozone problems might involve cooperation from states that are not part of that commission, such as Kentucky and Ohio, said Majkut. Studies have shown that such faraway states also contribute pollution to Rhode Island.

"Those states are not trying to do anything to reduce emissions," said Majkut.

However, there are many programs that can be implemented in Rhode Island that may help lower ozone levels.

One of those is adoption of a minimum energy efficiency standard. Two bills are currently being heard in both houses of the General Assembly that would create that standard, said state Rep. Arthur Handy, D-Cranston.

That bill would set efficiency standards for eight products that get constant use, including ceiling fans, cable boxes, exit signs and refrigerators.

The new efficiency rules would save consumers an estimated $45 million by 2010, Handy said. The bill was heard last year but did not pass because of opposition form cable-box manufacturers and Home Depot, he said.

"Adoption of this standard would be equal to taking 71,000 autos off the road by 2010," said Handy.

Adopting a clean-cars standard would go a long way toward lowering ozone levels, said Matt Auten, clean air associate at the Rhode Island Public Interest Research Group.

Every new car sold in the state will have to meet a tighter tailpipe emission standard under the clean-cars standard, he said. The standard also puts the burden on car makers to see to it that hybrid cars are sold in state.

Hybrid cars are already in high demand, with six-month waiting lists not uncommon, said Paul Mika, owner of Toyota of Newport. He said it will be over a year before supply catches up with the brisk demand for them. Sales of hybrid cars are up by almost 72 percent this year over sales of earlier models, he said.

In addition to assigning the new eight-hour standard, the EPA is also setting new limits on vehicle emissions and deadlines on when states will have to meet those limits, Conroy said. The EPA is requiring that states implement cleaner gasoline programs for new cars and light-diesel vehicles, said Conroy. New limits on nitrous oxide pollution from heavy-duty diesel vehicles will also be set by 2007, Conroy said. The EPA will impose sanctions on Rhode Island if it continues to violate the eight-hour standard after the 2010 deadline.

Those sanctions include withholding federal funds that would go toward highway construction and repair.

Edward Ortiz has a fellowship with the Metcalf Institute for Marine and Environmental Reporting. He can be reached at eortiz [at] projo.com