Deferral of Ozone Nonattainment Designation

For over two years now, the Environmental Protection Agency has deferred designating the Denver metro area as nonattainment for violating the 8-hour ozone ambient air quality standard. This deferral has so far been unquestioned and regarded as an acceptable decision. The reality is that nothing in the Clean Air Act allows the EPA to defer designating an area as nonattainment if it violates an ambient air quality standard.

But let me put this another way. All it will take this fall when the EPA decides whether to defer Denver's ozone nonattainment designation once again is one simple sentence to the EPA: This is illegal. This is all that needs to happen for the Early Action Compact to be thrown out and the Denver metro area given the nonattainment protection it needs. Another thing to keep in mind is that any citizen has the power to do this.

I'm amazed that more people don't realize just how thin of ice the state, industry, and local governments are skating on. I'm also amazed that, in light of this, the state, industry, and local governments aren't clamoring to do more to control ozone pollution for the health of Denver citizens.