American Lung Association Criticizes EPA for 5 Years Of Footdragging on Smog, Soot Rules: Statement of Lung Assn. Pres. Kirkwood

7/17/2002

From: Diane Maple of the American Lung Association, 202-785-3355

WASHINGTON, July 17 -- The following statement by American Lung Association President and CEO John L. Kirkwood was released today:

Five years ago today, the U.S. Environmental Protection Agency announced far-reaching rules for clearing America's air of smog and fine soot particles. Five years later, the rules languish, caught in a quagmire of bureaucratic footdragging and industry-instigated legal maneuvering.

Meanwhile, smog and soot pollution continue to threaten the public's health. Children with asthma and seniors with chronic lung and heart problems continue to suffer, especially on the high pollution days we have seen throughout the country this summer.

The American people want, expect and deserve the health benefits provided by the EPA's 5-year-old air pollution promises. Amazingly, instead of moving forward to implement the strong, health-based smog and soot rules, the Administration has proposed ways to weaken key components of the landmark Clean Air Act.

The EPA announced revised health standards for smog (ozone) and soot (fine particulate matter) on July 17, 1997. The standards reflected new health research that found the old standards were inadequate to protect public health. Polluting industries sued EPA to challenge the standards and prevent their implementation. In February 2001, the U.S. Supreme Court unanimously rejected industry challenges. In March 2002, the D.C. Court of Appeals upheld the standards, removing all legal barriers to their implementation. The American Lung Association was an intervenor respondent in this case, represented by Howard I. Fox, Managing Attorney of Earthjustice.

Throughout the legal challenges, the EPA had the opportunity to move ahead with these standards. We have yet to see a commitment from EPA to do so. As a result of the EPA's inaction, on May 30, 2002, the American Lung Association and eight other groups announced their intent to file a lawsuit to force the agency to take the first steps needed to implement the ozone standard.

The American Lung Association calls on EPA Administrator Whitman to stop dragging her feet and move quickly to implement her agency's own clean air standards.