Nearly half of states are suing EPA over new limits on deadly pollution
Manufacturers and 24 states sued the Environmental Protection Agency on Wednesday over the Biden administration’s decision to tighten limits on fine industrial particles, one of the most common and deadliest forms of air pollution.
The state lawsuits, led by Republican attorneys general, allege that the EPA exceeded its authority last month by lowering annual limits for particulate matter to nine micrograms per cubic meter of air, down from the current standard of 12 micrograms.
It was the first time in a decade that the EPA had made it harder for power plants, factories and other polluting facilities to spew particulate matter. The tiny particles, known as PM 2.5 because they are 2.5 microns in diameter or smaller, can enter the lungs and bloodstream and increase the risk of heart disease, asthma and low birth weight.
Michael S. Regan, the EPA administrator, has said the new rule would prevent an estimated 4,500 premature deaths annually, as well as 290,000 lost workdays due to illness. The EPA claimed the rule would also deliver as much as $46 billion in net health benefits in the first year the standards are fully implemented.
But attorneys general said the change would increase costs for manufacturers, utilities and the public. The U.S. Chamber of Commerce and the National Association of Manufacturers filed a separate petition to overturn the regulation. They argued that the EPA violated the law by revising the standard without considering “the enormous costs and burdens” of its decision, Linda Kelly, the association’s chief legal officer, said in a statement.
Both petitions were filed in the U.S. Court of Appeals for the District of Columbia Circuit.
The lawsuits are part of a campaign led by Republican attorneys general to challenge President Biden’s environmental rules and weaken the federal government’s ability to regulate the industry. They also amount to an attack this year on Mr. Biden’s campaign message that he is revitalizing American manufacturing.
“This rule will drive jobs and investment out of Kentucky and abroad, leaving employers and hardworking families paying the price,” Kentucky Attorney General Russell Coleman said in a statement. Ms. Kelly claimed the regulation “undermines the Biden administration’s manufacturing agenda – stifling investments in manufacturing, infrastructure development and job creation in communities across the country.”
Nick Conger, a spokesman for the EPA, declined to comment on the lawsuits.
The EPA is expected to use air samples over the next two years to identify areas that do not meet the new standard. States would then have 18 months to develop compliance plans for those areas. By 2032, anyone who exceeds the new standard could be penalized. Republican attorneys general said as many as 30 percent of all counties would not comply with the new rule. EPA officials said they estimate only 59 counties could exceed the new standard.
On Wednesday, the House Committee on Energy and Commerce voted along party lines in favor of a Republican bill that would make it harder for the EPA to set new health standards for air pollution. Rep. Frank Pallone of New Jersey, the top Democrat on the committee, called the bill a “compilation of misleading handouts to corporate polluters” and predicted it would not become law.
States joining Kentucky in the lawsuit include West Virginia, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and Wyoming.
While all states are led by Republican attorneys general, Kentucky and Kansas have Democratic governors, and both had written to the Biden administration requesting changes before the regulation’s finalization.