Ozone is formed when fumes from automobiles, factories and other fossil fuels react with sunlight. It is linked to human respiratory problems including emphysema and bronchitis.

The National Petrochemical and Refiners Association (NPRA), which represents most U.S. refiners, filed a lawsuit with the federal appeals court in Washington to delay the deadlines.

Major U.S. refining centers in northern New Jersey, Philadelphia, Chicago and Houston must submit plans in 2007 to comply with the new standards, and take steps to reduce ozone in 2009.

Many refining centers "cannot possibly achieve attainment in the time period required by their designation," the NPRA said.

Some production capacity could be shuttered or reined back if industry is forced to comply with written deadlines, NPRA President Bob Slaughter said.

"These rules can and must be corrected to limit their adverse impact on the domestic refining and petrochemical industries," Slaughter said.

An EPA spokeswoman said the rules will ensure cleaner air.

"We have a comprehensive solution ... and are committed to doing what we can to help states come into attainment and meet their deadlines," the spokeswoman said.

The new eight-hour ozone test stems from 1997 EPA rules delayed by numerous court challenges. The U.S. Supreme Court upheld the rules in early 2001.