Thune, Inhofe to EPA: Facts Aren't Adding Up on Ground-Level Ozone Proposal

Press Release

Date: Feb. 10, 2015
Location: Washington, DC

U.S. Sens. John Thune (R-S.D.) and Jim Inhofe (R-Okla.) today sent a letter to the Environmental Protection Agency (EPA) Administrator Gina McCarthy calling on the agency to explain why the analysis supporting its 2014 proposal to lower ground-level ozone standards don't align with a similar EPA proposal from 2011. The EPA's regulatory impact analysis for its proposal to revise the national ambient air quality standards (NAAQS) for ground-level ozone shows benefits that are significantly higher and costs that are significantly lower than the EPA's analysis in 2011 for a similar proposal. On September 2, 2011, President Obama requested the withdrawal of the 2011 proposed rule, citing the regulatory burdens and uncertainty it would impose.

Thune and Inhofe's letter requests the EPA provide analysis that doesn't include co-benefits of reducing other emissions or include in its calculations any other proposed regulation. Analysis focusing solely on the impacts of this proposal without influence from any other factors is necessary to more accurately evaluate the EPA's proposal. Moreover, the letter requests an explanation of any changes made to the EPA's methodology that might explain its arrival at such a drastically favorable analysis.

The senators wrote, "We do not believe the staggering economic costs of a lower standard have improved since 2011. Rather, the EPA's regulatory impact analysis is intentionally misleading in its incorporation of additional proposed regulations… which significantly impact forward year ozone forecasts and obfuscate the cost of compliance. Understanding that the inclusion of proposed regulations alone may not sufficiently explain the difference between the 2011 and 2014 RIAs, please also include an explanation of any changes that were made to the EPA's methodology used to calculate costs and benefits."

Thune introduced legislation in the 113th Congress to block the then-anticipated EPA proposal to lower ground-level ozone NAAQS, the most expensive regulation in the EPA's history. The proposed regulation could cost $270 billion per year and severely limit job creation across the country. Thune plans to reintroduce his bill in the 114th Congress.


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