Obama Halts EPA Regulation On Smog Standards

WASHINGTON ­ In a dramatic reversal, President 
Barack Obama on Friday scrubbed a clean-air 
regulation that aimed to reduce 
health-threatening smog, yielding to bitterly 
protesting businesses and congressional 
Republicans who complained the rule would kill 
jobs in America's ailing economy.

Withdrawal of the proposed regulation marked the 
latest in a string of retreats by the president 
in the face of GOP opposition, and it drew quick 
criticism from liberals. Environmentalists, a key 
Obama constituency, accused him of caving to 
corporate polluters, and the American Lung 
Association threatened to restart the legal 
action it had begun against rules proposed by President George W. Bush.

The White House has been under heavy pressure 
from GOP lawmakers and major industries, which 
have slammed the stricter standard as an 
unnecessary jobs killer. The Environmental 
Protection Agency, whose scientific advisers 
favored the tighter limits, had predicted the 
proposed change would cost up to $90 billion a 
year, making it one of the most expensive 
environmental regulations ever imposed in the U.S.

However, the Clean Air Act bars the EPA from 
considering the costs of complying when setting public health standards.

Obama said his decision was made in part to 
reduce regulatory burdens and uncertainty at a 
time of rampant questions about the strength of the U.S. economy.

Underscoring the economic concerns: a new report 
Friday that showed the economy essentially adding 
no jobs in August and the unemployment rate stubbornly stuck at 9.1 percent.

The regulation would have reduced concentrations 
of ground-level ozone, the main ingredient in 
smog, a powerful lung irritant that can cause 
asthma and other lung ailments. Smog is created 
when emissions from cars, power and chemical 
plants, refineries and other factories mix in sunlight and heat.

Republican lawmakers, already emboldened by 
Obama's concessions on extending Bush-era tax 
cuts and his agreement to more than $1 trillion 
in spending reductions as the price for raising 
the nation's debt ceiling, had pledged to try to 
block the stricter smog standards as well as 
other EPA regulations when they returned to Washington after Labor Day.

A spokesman for House Speaker John Boehner, 
R-Ohio, had muted praise for the White House 
Friday, saying that withdrawal of the smog 
regulation was a good first step toward removing 
obstacles that are blocking business growth.

"But it is only the tip of the iceberg when it 
comes to stopping Washington Democrats' agenda of 
tax hikes, more government `stimulus' spending 
and increased regulations, which are all making 
it harder to create more American jobs," said Boehner spokesman Michael Steel.

Thomas Donohue, president of the U.S. Chamber of 
Commerce, said the move was "an enormous victory 
for America's job creators, the right decision by 
the president and one that will help reduce the uncertainty facing businesses."

White House officials said the president's 
decision was not the product of industry 
pressure, and they said the administration would 
continue to fight other efforts by Republicans to 
dismantle the EPA's authority.

But that was little consolation for many of the 
president's supporters. The group MoveOn.org 
issued a scathing statement, saying Obama's 
decision was one it would have expected from his Republican predecessor.

"Many MoveOn members are wondering today how they 
can ever work for President Obama's re-election, 
or make the case for him to their neighbors, when 
he does something like this, after extending the 
Bush tax cuts for the rich and giving in to tea 
party demands on the debt deal," said Justin 
Ruben, the group's executive director.

The American Lung Association, which had sued the 
EPA over Bush's smog standards, said it would 
resume its legal fight now that Obama was 
essentially endorsing the weaker limit. The group 
had suspended its lawsuit after the Obama administration pledged to change it.

Obama's decision, in fact, mirrors one made by 
Bush in 2008. After EPA scientists recommended a 
stricter standard to better protect public 
health, Bush personally intervened after hearing 
complaints from electric utilities and other 
affected industries. His EPA set a standard of 75 
parts per billion, stricter than one adopted in 
1997, but not as strong as federal scientists 
said was needed to protect public health.

In March, the EPA's independent panel of 
scientific advisers sent a letter to the agency's 
administrator, Lisa Jackson, saying it was its 
unanimous recommendation to make the smog 
standards stronger and that the evidence was 
"sufficiently certain" that the range proposed in 
January 2010 under Obama would benefit public health.

But the White House, which has pledged to base 
decisions on science, said Friday the science 
behind its initial decision needed to be updated, 
a process already under way at EPA. The smog 
standard now is to be revised until 2013.

Whether Obama still occupies the White House at 
that point depends on the outcome of next year's presidential election.

Cass Sunstein, the head of the White House 
regulatory office, said changing the smog 
regulation now, only to have it be reconsidered 
again in two years, would create unnecessary 
uncertainty for the private sector and local governments.

The stricter limits initially proposed by Obama 
would have doubled the number of counties in 
violation. Smoggy cities such as Los Angeles and 
Houston would have been joined by counties in 
California's Napa Valley and one in Kansas with a 
population of 3,000. They would have had up to 20 
years to meet the new limits, once EPA settled on 
a final number, or would have faced federal penalties.

In his statement, the president said scrapping 
the stronger smog standards did not reflect a 
weakening of his commitment to protecting public health and the environment.

"I will continue to stand with the hardworking 
men and women at the EPA as they strive every day 
to hold polluters accountable and protect our 
families from harmful pollution," Obama said.

Even before Friday's decision – announced as many 
Americans were paying more attention to their 
Labor Day weekend plans than the news – the White 
House has faced some criticism for its record on 
the environment. Obama abandoned a campaign 
pledge to set the first-ever limits on the 
pollution blamed for global warming, and he 
announced an expansion of offshore drilling 
before the Gulf oil spill sidelined those plans.

However, he has successfully taken other steps to 
reduce air pollution, such as doubling fuel 
efficiency standards for cars and light trucks, 
clamping down on pollution from power plants that 
blows downwind and setting the first national 
standard for mercury, a toxic metal, from power 
plants, all in the face of Republican and industry opposition.

The ground-level ozone standard is closely 
associated with public health – something the 
president said he wouldn't compromise in his regulatory review.





John Johnson
Change-Links Progressive Newspaper
[email protected]
http://change-links.org
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