This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The Environmental Protection Agency recently lowered its standards for permissible ground level ozone from 75 parts-per-billion (ppb) to 70 ppb under the Clean Air Act (CAA).

Although ozone is a naturally occurring phenomenon, most scientists agree that extreme concentrations of ozone, especially when hovering over cities, can have adverse health effects. If a county or region exceeds EPA's ozone standard, they designate that county as being in "nonattainment," which carries with it serious economic consequences.

A nonattainment designation by EPA is essentially the scarlet letter for counties, as it raises costs of permitting for new businesses, expansions and other economic development and allows the federal government to withhold federal highway and transit funding.

Together, these factors raise the cost of doing business, which stifles growth, eliminates jobs, and subsequently reduces the taxpayer base that funds new investments, including air quality improvements and programs.

Under the CAA, aside from the punitive effects of a non-attainment designation, incentives for pro-active investments do not exist. The EPA does not have the authority to give areas credit for investments in air quality controls made prior to a non-attainment designation.

Even after an area goes into non-attainment, the CAA has been largely unsuccessful in achieving attainment standards across the nation after decades of enforcement measures. The CAA lacks appropriate incentives for industry and governments, and there are limited tools available for areas such as the Uinta Basin to take enforceable actions ahead of non-attainment.

The Uinta Basin needs a mechanism to deal with seasonal and episodic ozone events that are complex and unique. The CAA, for example, would likely require smog testing for vehicles. In our sparsely populated area, this is nonsensical. We already know that cars are a very small factor of our ozone issues. We need flexibility to use the best available science to craft economically sensible and environmentally sound solutions rather than the shotgun approach required under the CAA.

Additionally, the CAA fails to recognize the complexities of high altitude background ozone, and imported ozone from other areas and, in Uintah County's case, the unique occurrence of winter ozone.

The Uinta Basin is one of only two places in the nation that experiences high winter ozone levels due to topography and unique weather conditions. Although we have spent millions of dollars over the past several years to better understand our air quality, the truth is that we need to spend more time and more money monitoring, studying, and modeling our winter ozone issue.

Unfortunately, the CAA simply does not provide my community with the right tools to improve our air quality. We need additional authority to get the science right and to incentivize industry to participate and invest in improving our air quality now.

EPA recognized the shortcomings of the CAA in early 2000 and implemented the Early Action Compact Program, which allowed local communities to enter into cooperative agreements in partnership with the EPA to tailor proactive solutions to combat ozone. Although very successful in 29 areas around the nation, the EPA ultimately scrapped the program due to litigation.

However, Sens. Orrin Hatch and Claire McCaskill are fighting for a commonsense, bipartisan solution that would solve the problem of how to deal with nonattainment and its troubling economic impacts. This legislation would direct the EPA to again establish an Early Action Compact Program (EAC).

At-risk communities can voluntarily enter into compacts in collaboration with the EPA, establish a 10-year air quality improvement plan with requisite milestones, measures, and responsible oversight for improving air quality faster and more effectively than would otherwise occur under the CAA.

Reducing ozone and improving air quality is a responsibility that my county and other local communities in Utah take seriously. With time and the proper tools and authority, I believe we can make substantial progress toward improving air quality. I appreciate Hatch's strong leadership on this issue, and urge Utahns who care about improving our air quality to support his efforts.

Mike McKee has been Uintah County commissioner since 2003.