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EPA Failing to Keep People Safe
Contact: Jeremy Nichols (303) 573-4898 x 1303

San Francisco—WildEarthGuardians and the Sierra Club today filed suit against the U.S. EnvironmentalProtection Agency (EPA) over the agency’s failure to keep fine particle airpollution in check in 37 states and Washington, D.C.

“It’s time for EPA to stop dragging its feet and startprotecting public health,” said Jeremy Nichols, Climate and Energy ProgramDirector for WildEarth Guardians. “This simply a matter of keeping our communities and our kids safe fromair pollution.”

In 2006, the EPA adopted new ambient air quality standardslimiting fine particle pollution to protect public health under the Clean AirAct. Referred to as PM_2.5,fine particle pollution includes all particles that are 2.5 microns in diameteror less, or 1/28^th the width of a human hair. They include heavy metal particles anddroplets of acid gases. Thestandards limit concentrations of PM_2.5 in the air to no more than35 micrograms/cubic meter over 24 hours. The primary source of PM_2.5 is fossil fuel combustion,including vehicles and coal-fired power plants.

Exposure to PM_2.5 is linked to a number of healtheffects, including difficulty breathing, susceptibility to respiratoryinfections, and asthma attacks. For people suffering heart and lungdisease, PM_2.5 exposure increases the chances of prematuredeath. The EPA estimates that meetingthe 2006 PM_2.5 standards will annually prevent up to 13,000premature deaths nationwide, as well as 2 million days when people mustrestrict their activities due to air pollution.

The EPA also estimates that the benefits of meeting the 2006PM_2.5 standards will far outweigh the costs. An analysis in 2006 found that thebenefits of meeting the standards will range from $9 to $76 billion dollars, whereas the costs will amount to$5.4 billion. This means that forevery dollar spent reducing PM_2.5, the nation reaps up to $14 inbenefits.

“Clean air is an investment that’s proven to pay back timeand time again,” said Nichols. “Yet we can’t enjoy the full benefits of reduced air pollution unlessand until the EPA starts doing its job.”

Today’s lawsuit targets the EPA’s failure to ensure that statesand territories have plans in place to meet the 2006 PM_2.5standards. Under the Clean AirAct, states and territories are required to limit air pollution to both attainand maintain compliance with ambient air quality standards within three yearsof the adoption of new standards. Although EPA adopted new standards in October of 2006, 37 states andterritories have still failed to ensure they have plans to effectively limit PM_2.5pollution to ensure compliance with the standards and protect publichealth.

The groups’ lawsuit seeks to put the EPA on track to eithermake a finding that states have failed to submit the required plans or, wherestates have submitted plans, to approve or disapprove of the plans. If the EPA makes a finding that anystate has failed to submit the required plan, the agency would be required toadopt their own federal plan to overrule state authority.

The states for which the EPA has yet to approve ordisapprove PM_2.5 plans include Alabama, Connecticut, Florida,Mississippi, North Carolina, and Tennessee.

The states and territories that have failed to submit PM_2.5plans include territories at issue include Alaska, Arkansas, Colorado, Hawaii, Idaho, Indiana, Iowa, Illinois,Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Montana,Nebraska, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, SouthCarolina, South Dakota, Utah, Virginia,Washington, Wisconsin, Wyoming, Puerto Rico, and the District of Columbia.

Today’s lawsuit was filed in the U.S. District Court for theDistrict of Northern California.