Ozone (which consists of three oxygen atoms) is created when exhaust fumes from car exhausts, industrial factories, and other such polluting sources come in contact with sunlight. It creates the brownish and smoggy looking air often seen around such major cities as Los Angeles, California; Pittsburgh, Pennsylvania; Fresno, California, Birmingham, Alabama, Salt Lake City, Utah; Detroit, Michigan; Cleveland, Ohio; Washington, D.C.; Sacramento, California; and Chicago, Illinois—the ten most smoggiest cities (with over one million in population),  as of 2007.

Ozone in the upper atmosphere around the Earth helps to protect all living organisms from incoming ultraviolet light. However, ozone close to the Earth’s surface is an air pollutant that causes considerable damage to the respiratory systems of animals, including humans. It is especially damaging to the lungs of children, older persons, and people already with respiratory problems.

The EPA measures ozone levels in 639 counties across the United States. Of that number, 104 are out of compliance with the 1997 (0.080 ppm) value. If the EPA would lower the value to 0.075, then 398 out of 639 counties would be out of compliance with the law. If it was lowered to 0.070, then 533 out of 639 counties would be out of compliance. The problem counties are concentrated in the areas of the Upper Midwest, the mid-Atlantic, the Northeast, Atlanta, Georgia, California, and Texas.

The U.S. Environmental Protection Agency (EPA) set the first standard for ozone levels in 1997 at 0.080 parts per million (ppm). The EPA is proposing to reduce that number to 0.070 to 0.075 ppm. Such numbers are calculated by measuring the concentration of ozone molecules in the atmosphere over an eight-hour period. After a three-month period for public comment, the EPA will make a final decision on March 12, 2008. It is considering such proposals as keeping the number the same, reducing the number to its proposed range of values, and going down to 0.060 ppm.

Environmentalists, along with health and science advocacy groups, are criticizing the EPA's proposal range because it goes directly against the EPA’s Clean Air Scientific Advisory Committee recommendation of setting the standard between 0.060 and 0.070 ppm.

Businesses and industries, backed by the National Association of Manufacturers (NAM), want the standard to stay the same. One reason for not wanting a higher standard includes the added expense that it would cost them. The NAM also believes a higher standard is unnecessary because it is already protecting the public health and more work is still needed to meet the 1997 standard.

Lydia Webman, Director of the EPA’s Health and Environmental Impacts Division, said, “Eighty to ninety percent of exposures to ozone, which could potentially cause adverse health effects, would be reduced.”

NAM President John Engler states, “We recognize that the EPA has a duty to protect public health, and studies have shown implementing the current standard will do just that. There is still a long way to go to meeting the current standard, Therefore we see no reason to revise the current standard.”

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