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Press Mention Miami Herald November 13, 2002

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EPA, Environment Groups Reach Deal on Smog

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The EPA reached a consent decree with nine environmental and state groups, including the Southern Alliance for Clean Energy, to enforce a 1997 ozone standard that had never been implemented. The agreement requires the EPA to designate non-compliant areas by April 2004 and develop reduction plans, with an estimated 38 states likely to be out of compliance. The settlement ends years of litigation over air quality standards.

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EPA, Environment Groups Reach Deal on Smog

BY CHRIS BALTIMORE

WASHINGTON - The US Environmental Protection Agency (EPA) reached an out-of-court agreement with environmental groups on Wednesday to activate a 1997 program to cut smog-causing ozone.

The consent decree requires the EPA to determine which areas of the United States fall to meet national ozone standards by April 2004, and then make plans for reductions.

Environmental groups said 38 states will likely be out of compliance.

Individual states must now tell the EPA which areas within their boundaries violate its ozone level standard, set in 1997, of 0.08 parts per million over an 8-hour measurement period. The agency has never enforced the standard because of court challenges from industry claiming the measures were too strict.

EPA applauded the decree, filed in the US District Court in Washington.

"This enables us to focus on advancing the work on the designation instead of spending time fighting lawsuits," said agency spokesman Joe Martyak.

Nine environmental and state groups, including the Sierra Club, Environmental Defense and the Southern Alliance for Clean Energy, sued the EPA to force the government to enforce the new rules.

"The long wait since 1997 has meant that our air has stayed dirty far too long and many more people have suffered," said John Kirkwood, president of the American Lung Association.

The association has estimated that 141 million people--half the US population--live where smog levels are high enough to cause serious health problems such as asthma, eye and throat irritation, and headaches.

In some cases, states will be forced to instigate stricter pollution control measures for industries.

"States have to start developing some serious pollution-control measures and crack down on polluters more," said John Walke, an attorney with the Natural Resources Defense Council. "Some areas will be found out of compliance for the first time."