EPA’s Stealth Attack on Communities’ Air Quality

Environmental groups detailed the array of legal and analytic flaws in the Environmental Protection Agency’s plans for how states and metropolitan areas must meet national health-based standards for air pollution in comments submitted today. 

Over the Trump EPA’s objections, a federal court upheld lifesaving standards for fine particulate matter (PM2.5) pollution, the tiniest particles that can penetrate deep into our lungs. Now, as EPA goes to take the first critical step for implementing those standards, it has introduced a number of new loopholes and free passes that could allow states to avoid having to actually cut pollution in communities where it is needed the most. 

“To protect public health and the environment, EPA must do more—not less—and must not abdicate its responsibility and mission by failing to promulgate final designations grounded in science and the law,” the environmental groups say in their comments. 

PM2.5 pollution is emitted by a variety of sources, including power plants, industrial sources (e.g. steel mills), vehicles, and the gas turbines and backup diesel generators powering data centers.

The groups signing the comments are: Alliance of Nurses for Healthy Environments, California Community Against Toxics, California Safe Schools, Center for Biological Diversity, Citizens for Pennsylvania’s Future, Clean Air Council, CleanAIRE NC, Comite pro Uno, Desert Citizens Against Pollution. Earthjustice, Environmental Defense Fund, Southern Environmental Law Center, Environmental Law & Policy Center, Kentucky Resources Council, National Parks Conservation Association, NRDC (Natural Resources Defense Council). Respiratory Health Association, RiSE4EJ, Savannah Riverkeeper, Sierra Club, Southern Alliance for Clean Energy, WE ACT for Environmental Justice. 

Background

In 2024, EPA significantly strengthened the fine particulate matter (PM2.5) National Ambient Air Quality Standards based on scientific evidence that the prior standard was not adequately protective of public health. 

The science shows there are serious PM2.5 health effect associations with mortality and/or morbidity across diverse populations, especially children and the elderly. These health effects include increased risk of cardiovascular disease, respiratory disease, and premature death.

Once EPA revises a NAAQS, the Clean Air Act requires EPA to designate every area of the country as attaining or not attaining the standard, based on air quality information. A state with an area that is in "nonattainment" of the NAAQS must implement emission reduction measures, including pollution controls and New Source Review permitting, in order to bring air quality in the area in compliance with the standards. Although the EPA has data showing many parts of the country have unhealthy levels of particulate matter, the EPA's proposed designations suggest that the agency is abdicating its responsibility to assure that the designations, especially for areas with unhealthy air quality , are based on the law and facts. 

Breaking with its own historic practice and regulations, the EPA is providing little to no notice of what it is considering for nonattainment designations, depriving the public of an opportunity to weigh in on decisions that directly affect their communities. 

Additionally, the EPA is signaling to the states that they can provide last minute information that EPA can use to determine an area with poor air quality should instead be given a pass. The public would again have no ability to comment on this information, and an improper attainment designation would allow polluters off the hook without having to reduce their emissions. Ignoring the data does not improve air quality.

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