Oral Statement of Nick Goldstein 

Before the Environmental Protection Agency 

Clean Air Scientific Advisory Committee 

Public Teleconference of the Ozone Review Panel 

For the Reconsideration of the 2008 NAAQS 

February 18, 2011 

Chairman Samet and members of the Clean Air Scientific Advisory Committee, I am Nick 

Goldstein, Assistant General Counsel for the American Road and Transportation Builders 

Association (ARTBA). 

ARTBA represents more than 5,000 members nationwide, involved in all sectors of the U.S. 

transportation design and construction industry. 

I would like to begin my statement by thanking the Committee for the opportunity to speak at 

today’s teleconference regarding the reconsideration of the 2008 National Ambient Air Quality 

Standards (NAAQS) for ozone. 

According to EPA Administrator Lisa Jackson, the purpose of reviewing the 2008 ozone 

NAAQS is to “ensure they are scientifically sound and protective of public health and the 

environment.” The stated goal of reviewing the ozone NAAQS is to improve both public health 

and the environment. This is a commendable objective and one shared by ARTBA. President 

Obama expanded upon this goal when he signed a January 18 Executive Order noting that all 

regulatory efforts must “protect public welfare, safety and our environment while promoting 

economic growth, innovation competitiveness and job creation.” 

The President’s Executive Order further states all regulations must “be based upon the best 

available science” and “use the best, most innovative and least burdensome tools for achieving 

regulatory ends.” To assist in achieving this goal, ARTBA would like to provide its unique 

perspective on the recommendation for tightening the current ozone standards. 

Specifically, the President’s Executive Order notes agencies must tailor regulations to “impose 

the least burden on society.” With this in mind, EPA and CASAC must be cognizant of the 

impact more stringent ozone standards would have on other federal initiatives. Nearly 34,000 

people die on U.S. highways each year and many federally-funded highway improvements are 

designed specifically to address safety issues. As such, imposing new ozone standards that lead 

to highway improvements being denied could be counterproductive to improving public health. 

Further, jeopardizing highway funding in new areas through implementation of the EPA’s 

recommendations is self-defeating and would impose new obstacles for needed transportation 

improvements that can cut both harmful emissions and billions of dollars in wasted motor fuel 

caused by traffic congestion. 
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When considering new ozone standards, it is important to note the EPA’s own reports have 

indicated an overall decline in ozone pollution in the past thirty-five years. This decline has 

occurred despite overwhelming growth in population, vehicle miles traveled, energy 

consumption and Gross Domestic Product. 

Further, the EPA must consider reductions in ozone levels which will occur as a direct result of 

both existing regulations and those yet to take effect. Dramatic improvements in ozone levels 

will come from implementation of recently enacted and soon to be enacted regulations in areas 

such as: 

 sulfur levels in gasoline; 

 heavy-duty diesel engines and highway vehicles; 

 heavy-duty trucks and buses; and 

 emissions from nonroad diesel engines. 

The revisions to ozone standards proposed by EPA would greatly increase the stringency of the 

ozone regulation at a time when implementation of existing standards is already resulting in 

noticeable progress. 

Counties need some sense of predictability in order to develop long-range transportation plans to 

achieve ozone reduction. The current regulations were enacted as recently as 2008. Additional 

requirements will only serve to hamper efforts to comply with current standards by opening the 

door to possible litigation and sanctions potentially resulting in the loss of federal funding for 

transportation construction projects. This would be self-defeating, as highway improvements are 

a driving force behind the dramatic reductions in ozone and other pollutants which are already 

taking place. 

Any tightening of ozone standards would likely result in communities being thrown out of 

compliance with the Clean Air Act and, in turn, placing federal highway funds for those areas at 

risk. Such a development would delay critically needed improvements to our nation’s 

infrastructure which has already reached “critical mass” in terms of being able to serve the needs 

of our citizens and economy. 

In conclusion, ARTBA urge the Committee to take notice of the current progress that has been 

and will be made in cutting the overall levels of ozone before approaching public policy 

decisions which would result in further regulation. Counties attempting to take a step forward to 

meet the 2008 standards should not be forced to take two steps back and adjust to new standards 

less than two years later. Current programs which are reducing ozone must be given a chance to 

be implemented before new standards or initiatives are considered. Additional regulation at this 

point is akin to “moving the goalposts” and would run the risk of diluting current compliance 

efforts and should not be pursued.