More than 90 million live in areas that don’t meet air quality health standards for ground-level ozone or smog.
EPA today announced the final determinations for whether certain areas have met the 2008 or 2015 National Ambient Air Quality Standards (NAAQS) for ground-level ozone, as required by the Clean Air Act. EPA is finalizing determinations regarding the air quality progress of six non-attainment areas classified as “Serious” for the 2008 ozone NAAQS, and for 28 non-attainment areas classified as “Marginal” for the 2015 ozone NAAQS.
These final rules establish new time periods and next steps states must take to improve ozone air quality in remaining non-attainment areas. EPA said its final decisions are based on a scientific evaluation of certified, publicly-available air quality monitoring data for the years 2018-2020. From a vehicle owner’s viewpoint of his means certain areas will have to implement inspection and maintenance programs and/or use reformulated fuels.*
More than 90 million Americans, including those disproportionately burdened by ozone air pollution and other sources of pollution, live in areas that do not meet national air quality health standards for ground-level ozone or smog. These final actions complement a series of actions EPA is taking to improve air quality and public health under the Clean Air Act.
Ground-level ozone is not directly emitted to the air. It forms when pollutants emitted by cars, powerplants, a wide range of industries, and other sources chemically react in sunlight. Breathing ozone can cause coughing and a sore or scratchy throat, make it more difficult to breathe, inflame and damage airways, make lungs more susceptible to infection, aggravate lung diseases such as asthma, emphysema, and chronic bronchitis and increase the frequency of asthma attacks. Ozone is most likely to reach unhealthy levels on hot sunny days in urban areas, but it can still reach high levels during colder months. It can also drift long distances and harm air quality in rural areas.
Background and Key Aspects
For the 2008 ozone NAAQS
On March 27, 2008, EPA strengthened the NAAQS for ozone from 0.08 parts per million (ppm) to a more protective 0.075 ppm.
Effective on July 20, 2012, EPA designated 46 areas throughout the country as non-attainment for the 2008 ozone NAAQS, and the areas were classified as either Marginal, Moderate, Serious, Severe, or Extreme depending on the severity of each area’s ozone problems.
Some of the Marginal areas did not attain the standard by the Marginal attainment date, July 20, 2015, and were reclassified to Moderate non-attainment.
Some of the areas designated as Moderate or reclassified to Moderate did not attain by the Moderate area attainment date of July 20, 2018 and were reclassified to Serious non-attainment.
Nine Serious areas were required to attain the standards by July 20, 2021. As required by the Clean Air Act, in today’s action EPA is reclassifying five of those areas as “Severe.” EPA is addressing the remaining areas separately.
For the 2015 ozone NAAQS
On October 1, 2015, EPA strengthened the level of the NAAQS for ozone from 0.075 parts per million (ppm) to a more protective 0.070 ppm. Effective on August 3, 2018 (and for one other area, September 24, 2018), EPA designated 52 areas throughout the country as non-attainment for the 2015 ozone NAAQS, and the areas were classified as either Marginal, Moderate, Serious, Severe, or Extreme depending on the severity of each area’s ozone problems.
A total of 39 Marginal areas were required to attain the standards by August 3, 2021. One area was required to attain by September 24, 2021. Today, EPA is reclassifying 22 of those areas as “Moderate”; determining 5 areas attained; and extending the attainment date by one year for one area. The Agency is addressing the remaining areas separately.
*Inspection And Maintenance Programs, Reformulated Fuel Likely Areas
Based on ozone monitoring data for the years 2018-2020, EPA’s final determinations are:
The Greater Connecticut, CT, area attained the 2008 ozone NAAQS by the attainment date. Five areas failed to attain the 2008 ozone NAAQS by the attainment date. Upon the effective date of this final action, 30 days after publication in the Federal Register, as required by the CAA, EPA is reclassifying these areas as Severe non-attainment. Each area will have until July 20, 2027, to achieve the standards:
- Dallas-Fort Worth, TX
- Denver-Boulder-Greeley-Ft. Collins-Loveland, CO
- Houston-Galveston-Brazoria, TX
- Morongo Band of Mission Indians, CA
- New York- New Jersey – Long Island, NY-NJ-CT
EPA deny’s Texas’s request for a 1-year attainment date extension for the Houston- Galveston-Brazoria, Texas, non-attainment area. As a result, EPA is reclassifying the area as Severe.
Based on ozone monitoring data for the years 2018-2020, EPA’s final determinations are: Five areas attained the 2015 ozone NAAQS by August 3, 2021:
- Atlanta, GA,
- Southern Wasatch Front, UT,
- Amador County, CA,
- San Francisco Bay, CA, and
- Yuma, AZ.
Twenty-two areas failed to attain the 2015 ozone NAAQS by August 3, 2021. EPA is reclassifying these areas to Moderate upon the effective date of this action. Each area must now attain the standards by August 3, 2024:
- Allegan County, MI
- Baltimore, MD
- Berrien County, MI
- Chicago, IL-IN-WI
- Cincinnati, KY
- Cleveland, OH
- Dallas-Fort Worth, TX
- Denver Metro/North Front Range, CO
- Greater Connecticut, CT
- Houston-Galveston-Brazoria, TX
- Louisville, KY
- Mariposa County, CA
- Milwaukee, WI
- Muskegon County, MI
- Northern Wasatch Front, UT
- Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation
- Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
- Phoenix-Mesa, AZ
- San Antonio, TX
- Sheboygan County, WI
- Louis, MO-IL
- Washington, DC-MD-VA
EPA is also granting Utah’s request for a 1-year attainment date extension to August 3, 2022, for the Uinta Basin, UT, non-attainment area.
Areas reclassified to Moderate face more stringent CAA requirements designed to achieve attainment of the NAAQS by no later than August 3, 2024. These requirements include stricter permitting requirements, implementing reasonably available control technology for major sources and sources covered by certain EPA guidance documents, Basic vehicle inspection and maintenance (I/M) for urbanized areas, and the submission of a new plan demonstrating how the area will attain expeditiously.
This final action will require states with reclassified areas to submit State Implementation Plan (SIP) revisions addressing all Moderate area requirements no later than January 1, 2023. Any controls that air agencies determine are needed for meeting CAA requirements must be implemented as soon as possible but no later than January 1, 2023. For required Basic I/M programs, EPA is finalizing an implementation deadline of no later than 4 years after the effective date of reclassification for states that do not intend to rely upon emission reductions from their Basic I/M program in attainment or reasonable further progress (RFP) SIPs.
The Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation may, but is not required to, submit tribal implementation plans to EPA for approval. Tribes with lands located in multi-jurisdictional non-attainment areas also may, but are not required to, submit tribal implementation plans to EPA for approval. States seeking more time and flexibility for developing and submitting required SIP revisions for newly reclassified areas may consider requesting a voluntary reclassification to Serious.
Background
On October 1, 2015, EPA strengthened the NAAQS for ozone from 0.075 parts per million (ppm) to a more protective 0.070 ppm.
Effective on August 3, 2018 (September 24, 2018, for the San Antonio, Texas area), EPA designated 52 areas throughout the country as non-attainment for the 2015 ozone NAAQS, and the areas were classified as either Marginal, Moderate, Serious, Severe, or Extreme depending on the severity of each area’s ozone problems.
Thirty-nine Marginal areas were required to attain the standards by August 3, 2021, and the San Antonio, Texas area was required to attain the standard by September 24, 2021. As required by section 181(b)(2) of the Clean Air Act, EPA is acting on 28 of these areas in the final rule. EPA will be addressing ten areas in separate actions.
On April 13, 2022, EPA proposed actions for 31 non-attainment areas classified as Marginal for the 2015 ozone NAAQS.
On March 31, 2022, the Manitowoc County, WI non-attainment area was re-designated to attainment. EPA is not finalizing its proposed finding of failure to attain by the attainment date for this area because it is no longer a non-attainment area.
On April 29, 2022, the Door County-Revised, WI non-attainment area was re-designated to attainment. EPA is not finalizing its proposed finding of failure to attain by the attainment date for this area because it is no longer a non-attainment area.
On June 9, 2022, the Ohio portion of the Cincinnati, OH-KY non-attainment area was re-designated to attainment. EPA is not finalizing its proposed finding of failure to attain by the attainment date for the Ohio portion of this area because it is no longer a non-attainment area.
On July 5, 2022, the Indiana portion of the Louisville, KY-IN non-attainment area was re-designated to attainment. EPA is not finalizing its proposed finding of failure to attain by the attainment date for the Indiana portion of this area because it is no longer a non-attainment area.
The EPA will be acting on the Detroit, MI non-attainment area in a separate action.
EPA Releases Final Smog Air Quality Standards. More Inspection Programs and Reformulated Fuel Areas Coming?
More than 90 million live in areas that don’t meet air quality health standards for ground-level ozone or smog.
EPA today announced the final determinations for whether certain areas have met the 2008 or 2015 National Ambient Air Quality Standards (NAAQS) for ground-level ozone, as required by the Clean Air Act. EPA is finalizing determinations regarding the air quality progress of six non-attainment areas classified as “Serious” for the 2008 ozone NAAQS, and for 28 non-attainment areas classified as “Marginal” for the 2015 ozone NAAQS.
These final rules establish new time periods and next steps states must take to improve ozone air quality in remaining non-attainment areas. EPA said its final decisions are based on a scientific evaluation of certified, publicly-available air quality monitoring data for the years 2018-2020. From a vehicle owner’s viewpoint of his means certain areas will have to implement inspection and maintenance programs and/or use reformulated fuels.*
More than 90 million Americans, including those disproportionately burdened by ozone air pollution and other sources of pollution, live in areas that do not meet national air quality health standards for ground-level ozone or smog. These final actions complement a series of actions EPA is taking to improve air quality and public health under the Clean Air Act.
Ground-level ozone is not directly emitted to the air. It forms when pollutants emitted by cars, powerplants, a wide range of industries, and other sources chemically react in sunlight. Breathing ozone can cause coughing and a sore or scratchy throat, make it more difficult to breathe, inflame and damage airways, make lungs more susceptible to infection, aggravate lung diseases such as asthma, emphysema, and chronic bronchitis and increase the frequency of asthma attacks. Ozone is most likely to reach unhealthy levels on hot sunny days in urban areas, but it can still reach high levels during colder months. It can also drift long distances and harm air quality in rural areas.
Background and Key Aspects
For the 2008 ozone NAAQS
On March 27, 2008, EPA strengthened the NAAQS for ozone from 0.08 parts per million (ppm) to a more protective 0.075 ppm.
Effective on July 20, 2012, EPA designated 46 areas throughout the country as non-attainment for the 2008 ozone NAAQS, and the areas were classified as either Marginal, Moderate, Serious, Severe, or Extreme depending on the severity of each area’s ozone problems.
Some of the Marginal areas did not attain the standard by the Marginal attainment date, July 20, 2015, and were reclassified to Moderate non-attainment.
Some of the areas designated as Moderate or reclassified to Moderate did not attain by the Moderate area attainment date of July 20, 2018 and were reclassified to Serious non-attainment.
Nine Serious areas were required to attain the standards by July 20, 2021. As required by the Clean Air Act, in today’s action EPA is reclassifying five of those areas as “Severe.” EPA is addressing the remaining areas separately.
For the 2015 ozone NAAQS
On October 1, 2015, EPA strengthened the level of the NAAQS for ozone from 0.075 parts per million (ppm) to a more protective 0.070 ppm. Effective on August 3, 2018 (and for one other area, September 24, 2018), EPA designated 52 areas throughout the country as non-attainment for the 2015 ozone NAAQS, and the areas were classified as either Marginal, Moderate, Serious, Severe, or Extreme depending on the severity of each area’s ozone problems.
A total of 39 Marginal areas were required to attain the standards by August 3, 2021. One area was required to attain by September 24, 2021. Today, EPA is reclassifying 22 of those areas as “Moderate”; determining 5 areas attained; and extending the attainment date by one year for one area. The Agency is addressing the remaining areas separately.
*Inspection And Maintenance Programs, Reformulated Fuel Likely Areas
Based on ozone monitoring data for the years 2018-2020, EPA’s final determinations are:
The Greater Connecticut, CT, area attained the 2008 ozone NAAQS by the attainment date. Five areas failed to attain the 2008 ozone NAAQS by the attainment date. Upon the effective date of this final action, 30 days after publication in the Federal Register, as required by the CAA, EPA is reclassifying these areas as Severe non-attainment. Each area will have until July 20, 2027, to achieve the standards:
EPA deny’s Texas’s request for a 1-year attainment date extension for the Houston- Galveston-Brazoria, Texas, non-attainment area. As a result, EPA is reclassifying the area as Severe.
Based on ozone monitoring data for the years 2018-2020, EPA’s final determinations are: Five areas attained the 2015 ozone NAAQS by August 3, 2021:
Twenty-two areas failed to attain the 2015 ozone NAAQS by August 3, 2021. EPA is reclassifying these areas to Moderate upon the effective date of this action. Each area must now attain the standards by August 3, 2024:
EPA is also granting Utah’s request for a 1-year attainment date extension to August 3, 2022, for the Uinta Basin, UT, non-attainment area.
Areas reclassified to Moderate face more stringent CAA requirements designed to achieve attainment of the NAAQS by no later than August 3, 2024. These requirements include stricter permitting requirements, implementing reasonably available control technology for major sources and sources covered by certain EPA guidance documents, Basic vehicle inspection and maintenance (I/M) for urbanized areas, and the submission of a new plan demonstrating how the area will attain expeditiously.
This final action will require states with reclassified areas to submit State Implementation Plan (SIP) revisions addressing all Moderate area requirements no later than January 1, 2023. Any controls that air agencies determine are needed for meeting CAA requirements must be implemented as soon as possible but no later than January 1, 2023. For required Basic I/M programs, EPA is finalizing an implementation deadline of no later than 4 years after the effective date of reclassification for states that do not intend to rely upon emission reductions from their Basic I/M program in attainment or reasonable further progress (RFP) SIPs.
The Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation may, but is not required to, submit tribal implementation plans to EPA for approval. Tribes with lands located in multi-jurisdictional non-attainment areas also may, but are not required to, submit tribal implementation plans to EPA for approval. States seeking more time and flexibility for developing and submitting required SIP revisions for newly reclassified areas may consider requesting a voluntary reclassification to Serious.
Background
On October 1, 2015, EPA strengthened the NAAQS for ozone from 0.075 parts per million (ppm) to a more protective 0.070 ppm.
Effective on August 3, 2018 (September 24, 2018, for the San Antonio, Texas area), EPA designated 52 areas throughout the country as non-attainment for the 2015 ozone NAAQS, and the areas were classified as either Marginal, Moderate, Serious, Severe, or Extreme depending on the severity of each area’s ozone problems.
Thirty-nine Marginal areas were required to attain the standards by August 3, 2021, and the San Antonio, Texas area was required to attain the standard by September 24, 2021. As required by section 181(b)(2) of the Clean Air Act, EPA is acting on 28 of these areas in the final rule. EPA will be addressing ten areas in separate actions.
On April 13, 2022, EPA proposed actions for 31 non-attainment areas classified as Marginal for the 2015 ozone NAAQS.
On March 31, 2022, the Manitowoc County, WI non-attainment area was re-designated to attainment. EPA is not finalizing its proposed finding of failure to attain by the attainment date for this area because it is no longer a non-attainment area.
On April 29, 2022, the Door County-Revised, WI non-attainment area was re-designated to attainment. EPA is not finalizing its proposed finding of failure to attain by the attainment date for this area because it is no longer a non-attainment area.
On June 9, 2022, the Ohio portion of the Cincinnati, OH-KY non-attainment area was re-designated to attainment. EPA is not finalizing its proposed finding of failure to attain by the attainment date for the Ohio portion of this area because it is no longer a non-attainment area.
On July 5, 2022, the Indiana portion of the Louisville, KY-IN non-attainment area was re-designated to attainment. EPA is not finalizing its proposed finding of failure to attain by the attainment date for the Indiana portion of this area because it is no longer a non-attainment area.
The EPA will be acting on the Detroit, MI non-attainment area in a separate action.