Jun. 15--Eastern Wisconsin's air quality has been getting better in recent years, but rising ozone levels this spring could jeopardize an important bid by state officials on Thursday to have sanctions against the region removed.

Gov. Jim Doyle announced that the Department of Natural Resources is asking federal authorities to redesignate eight counties, including all of metropolitan Milwaukee, as no longer violating federal standards for ozone pollution. The change would mean fewer regulations for factories and utilities that expand or locate in the region -- something that's been strongly pushed by business groups as a new economic development tool. But the U.S. Environmental Protection Agency said that Wisconsin is precariously close to violating standards for ozone this year -- and if it does, the state's bid for compliance will be in jeopardy.

The EPA is paying close attention to an air quality monitoring station at Chiwaukee Prairie along Lake Michigan in Kenosha County, which has already exceeded ozone standards three times this year. One more reading at 83 parts per billion or higher, said Douglas Aburano, an environmental engineer with the EPA's regional office in Chicago, and "yes, it would prevent us from approving a redesignation request." The monitor on the prairie is used by both Wisconsin and Illinois to measure air pollution and could affect both states' status. Wisconsin's request for compliance with ozone laws is based on three years of data -- 2004, 2005 and 2006 -- a period when measures of ground-level ozone declined.

But with its application now pending, the EPA will also take into account the average of ozone levels from 2005, 2006 and 2007. And that's where this spring's high ozone numbers could hurt the state. The DNR has posted numerous announcements in May and June warning the public that emissions from ozone and particle pollution were venturing into unhealthy levels. On Thursday, a few hours after Doyle announced that the state would seek the change in ozone classification, the DNR issued an air quality watch for today for 15 counties in southeastern and south-central Wisconsin. The watch means that conditions are favorable for ozone levels to become unhealthy.

Ozone is formed when pollution from nitrogen oxide and volatile organic compounds emitted from sources such as power plants, factories and vehicle exhaust reacts with high temperatures and high humidity and is held in check by stagnant air masses. When ozone reaches levels deemed unsafe, it can irritate or harm lung function, especially for people with respiratory problems, older adults and children. It is also recommended that healthy people who exercise or who are outside for prolonged periods should reschedule or cut back on strenuous exercise. Allen Shea, the top air regulator with the DNR, said it was premature to draw conclusions yet, and he said the agency is hopeful that ozone levels will stay in check.

He said an important step is for regulators to "quality assure" data to make sure it is accurate at the end of the year. Doyle and the DNR have said they had worked with the business community on the ozone application, in the hope of relieving regulatory burdens on business while driving down emissions in the coming years. State working on rules Wisconsin is moving forward on several air rules aimed at sharply cutting several pollutants, especially nitrogen oxide. Getting the new designation is "just critical," said Scott Manley of Wisconsin Manufacturers & Commerce. Manley said the business lobby is pleased that the DNR did not seek to expand regulation or broaden the program if ozone levels rose again.

Currently, Wisconsin's non-compliance with the law can require a company that expands, or moves into a high-ozone area such as Milwaukee County, to install the most stringent, and usually the most expensive, pollution controls. Another requirement forces a company to "offset" new emissions with reductions elsewhere in a plant or to buy the value of the reductions from another company that made cuts. Regardless of what happens, motorists in southeastern Wisconsin will continue to use reformulated gas and participate in the vehicle inspection program. Some environmentalists, notably the Sierra Club, have opposed the redesignation because they believe ozone standards should be more stringent -- and because of days like today.

"What we are talking about is a better business climate in a thickening sea of smog," said Jennifer Feyerherm, who works on energy issues for the organization.