The White House Office of Information and Regulatory Affairs (OIRA) is reviewing the U.S. Environmental Protection Agency's (EPA) revision to the national ozone standard. A number of scientists have urged EPA to adopt a more stringent standard for ozone, also known as smog. Unusually, Vice President Dick Cheney's office has involved itself in the review of the standard. OIRA has also been consulting with industry representatives as it prepares to make edits to the standard and make recommendations to EPA.

On May 24, EPA sent to OIRA the review of the National Ambient Air Quality Standards (NAAQS) for ozone. EPA's NAAQS program regulates a variety of air pollutants found to be harmful to public health. NAAQS is the seminal regulatory program enforcing the Clean Air Act. The Act requires EPA to periodically revise all NAAQS standards, including the ozone standard, to reflect changes in the scientific understanding of air pollutants and the technological feasibility of regulating them.

Executive Order 12866, Regulatory Planning and Review, which governs parts of the federal rulemaking process, requires agencies submit to OIRA all rules either the agency or OIRA deems "significant." In addition to being deemed significant, the ozone standard revision is considered "economically significant," meaning it is anticipated to have an annual effect on the economy of $100 million or more. Economically significant rules are subject to the most rigorous OIRA reviews.

Environmentalists and public health experts are carefully watching the review of the ozone standard. Frank O'Donnell, president of the nonprofit advocacy group Clean Air Watch, says, "Smog is a very dangerous public health threat." Clean Air Watch and other groups believe the current primary standard of 0.08 ppm is inadequate to protect public health. O'Donnell says, "Science has shown that current standards are nowhere near good enough to protect kids with asthma or other Americans."

A number of scientific bodies have recommended a tighter standard. An EPA staff paper finalized in January states a recommendation for a standard "somewhat below" the current standard and as stringent as 0.060 ppm. In March, EPA's Clean Air Scientific Advisory Committee (CASAC) recommended EPA adopt a standard no greater than 0.070 ppm. Later in March, EPA's Children's Health Protection Advisory Committee sent a letter to EPA Administrator Stephen Johnson urging EPA to adopt a standard of 0.060 ppm. In April, a group of 111 scientists and medical professionals sent a letter to Johnson urging a more stringent standard. The individuals did not recommend a specific level but did cite CASAC's not higher than 0.070 ppm recommendation, according to BNA news service (subscription).

The scientific bodies and the individual professionals are unanimous in recommending the revised standard contain an additional decimal place. They contend the current standard, which is specified to the hundredth decimal place, has allowed state enforcement programs to round the standard to 0.085ppm, effectively lowering its stringency.

The draft revised standard is not currently available to the public. However, OIRA has conducted two closed-door meetings to discuss the standard, according to its website. Attendees of the first meeting, held June 4, included OIRA Administrator Susan Dudley and staff members of OIRA, the White House Office of Management and Budget (OMB), the White House Council on Environmental Quality and the Office of the Vice President (OVP). Non-governmental attendees included representatives from the Chemical Industry Institute, the Auto Alliance, and AF&PA, a wood products trade association. No EPA official attended the meeting.

Of particular note at this first meeting with industry representatives was the presence of a representative of the Vice President's office. The OVP is not usually involved in OIRA review of rules. In 2002, the Bush administration issued an executive order which removed the Vice President from the review responsibilities given to the office by earlier executive orders. The presence of a representative from the Vice President's office, as well as Dudley, indicates the priority the administration gives to this rule.

Attendees of the second meeting, held June 8, included staff members of OIRA and OMB and a representative of EPA's Office of Air and Radiation. Non-governmental attendees included representatives from Edison Electric Institute and the American Chemistry Council.

Critics are concerned about industry's access to the White House review process. O'Donnell says industry representatives come to these meetings with "a clear agenda of trying to prevent tougher standards from taking place." As of publication of this article, OIRA had not returned phone calls from OMB Watch seeking comment on the issue.

EPA is under a court mandate to publish a Notice of Proposed Rulemaking by June 20. At that time, the notice and comment period for the draft revised standard will begin. A final action is expected in the early part of 2008.