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Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

October 3, 2000, Tuesday, Final Edition

SECTION: Editorial; Pg. 8A

LENGTH: 592 words

HEADLINE: Justify or revise air regulations

BYLINE: Staff

SOURCE: JOURNAL

BODY:
METRO ATLANTA'S smog season wound down last week, but the battle over clean air is just heating up. Americans are hoping the results will mean less expense and more sense governing this important quality-of-life issue.

During the smog season that ended Saturday, there were 11 days in which metro Atlanta exceeded the one-hour standard of 0.12 parts per million of ozone. That's the fewest since 1997. After a five-month guilt trip for motorists, maligned for causing smog, the state Environmental Protection Division gave the credit for the good readings to the weather. It seems unlikely that some environmental interest groups will grant that the weather can also cause bad readings or that, overall, the air in the region and the nation is cleaner than it was 20 years ago. .

The EPD also recorded 45 days in which the metro area violated the tougher eight-hour ozone standard of 0.08 parts per million (compared with 69 last year). But that's an unenforceable standard: The Supreme Court is scheduled to hear arguments next month on whether the federal Environmental Protection Agency's stringent air regulations are an unconstitutional delegation of legislative authority by Congress.

The court agreed to hear from industry groups challenging the new standards. It's not that these groups resist clean air. It's that they seek cost- effective measures for achieving it, and EPA administrator Carol Browner simply won't go there. The EPA is not required to consider the cost of regulations it promulgates.

Not only have analysts reported that the cost of the regulations outstrips the health benefits, but the science behind the revised standard has long been questioned. Meanwhile, the scientific community is denouncing the scientific credentials of the EPA. Although some of its scientific practices have improved, there's a "continuing basis" for concerns about the quality of research behind the agency's regulatory decisions, the National Research Council reported recently.

Congress is also considering how to fix the Clean Air Act. To that end, Georgia's air protection chief was among state officials testifying before a congressional committee in Washington last week on the problems of local and state governments in implementing EPA regulations.

Ron Methier, who heads the EPD's Air Protection Branch, told the panel, " Specific requirements prescribed by the 1990 Clean Air Act Amendments are, in some cases, no longer the most effective or efficient ways to achieve clean air."

That technology has overtaken the regulations makes it a pocketbook issue in Georgia, where environmental groups have sued over the EPA's extension of attainment deadlines. If the court agrees with the environmental groups, metro Atlanta could be categorized in "severe" non-attainment instead of " serious" non-attainment. That requires reformulated gasoline, less effective in metro Atlanta than the cheaper low-sulfur gasoline being phased in.

The federal government must ensure local flexibility on environmental issues and insist the science and the consumer cost justify the measures. A one-size solution dictated from Washington and funded by the states' taxpayers is an expensive folly. Americans must hope the Supreme Court halts the EPA's propensity to get its zealotry ahead of its science.

To read the National Research Council report on the EPA, go to books.nap. edu/books/0309071275/html/1.html
For transcripts of state officials' testimony on the Clean Air Act, go to www.senate.gov/ epw/stm1_106.htm#09-28-00

LOAD-DATE: October 3, 2000




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