Ozone 8-Hour
Most Recent Action
Citing data from the state of Illinois, the EPA has announced it intends to revise its proposed designation for Kenosha County, and recommend it be designated nonattainment for the 2008 8-hour ozone standard. January 31, 2012.
The EPA notes that if the State of Wisconsin submits certified data for 2009-2011 within the 120 day period it has to respond to the designation letter, showing that Kenosha County is actually attaining the 2008 8-hour ozone standard, EPA’s conclusion regarding the designation for Kenosha County should be revisited.
The EPA will be publishing a notice in the Federal Register to announce the availability of the January 31, 2011 letters and to provide for a public comment period limited to the revised responses. The public will have 30 days after the notice is published in the Federal Register to comment on the letters.
Background
Section 109 of the Clean Air Act requires the EPA to establish National Ambient Air Quality Standards (NAAQS) for several types of air pollutants. Using this authority, EPA has created standards for six air pollutants: sulfur dioxide (SO2), particulate matter (PM2.5), nitrogen dioxide (NO2), carbon monoxide (CO), ozone, and lead.
In 1997, EPA set the 8-hour ozone standard at 84 parts per billion (ppb). In 2008, EPA created a new 8-hour standard, lowering it from 84 ppb to 75 ppb. Despite the new 2008 rule, the 1997 84 ppb designations remain in effect.
After issuing the new 2008 standards, the EPA in January 2010 proposed a new ozone standard in a range of 60 to 70. On September 2, 2011 President Obama asked the EPA to withdraw its proposed ozone standard revision.
This rule is part of a group of rules known as the EPA's Regulatory Train Wreck.
Authority
42 USC Sec. 7409 (CAA) – National Primary and Secondary Ambient Air Quality Standards: December 31, 1970. This section of the CAA provides the EPA authority to promulgate primary and secondary National Ambient Air Quality Standards (NAAQS).
Standard
Current Revision:
On September 2, 2011 President Obama asked the EPA to withdraw its proposed ozone standard revision.
On December 8, 2010, the EPA said it will delay issuing revised air quality standards for ozone until July 2011 so that it can consider further recommendations from a panel of scientific advisers. On July 26, 2011 the EPA announced that the rule will not be released as intended in July 2011, but will be available "shortly."
Proposed Rule (lowering from 75 ppb to between 60 ppb and 70 ppb) – Jan. 19, 2010.
Fact Sheet – Revisions to Ozone Standards.
2008 Standard:
Counties Violating the 2008 Ground-Level Ozone Standard (75 ppb).
EPA Fact Sheet – Final Revisions to the National Ambient Air Quality Standards for Ozone (New 2008 Standard (promulgating a new 8-hour standard (75 ppb)).
1997 Standard:
40 CFR Part 50 – National Ambient Air Quality Standards for Ozone; Final Rule: July 18, 1997. Federal Register notice revising the previous ozone (1-hour) standard, and promulgating a new (8-hour) standard (84 ppb).
40 CFR Part 50 – National Ambient Air Quality Standards for Ozone; Proposed Rule: December 13, 1996.
American Trucking Associations, Inc., et al., v. Environmental Protection Agency: Decided March 26, 2001. D.C. District Court ruling affirming EPA’s revised (1997) standards for ozone (8-hour) and particulate matter (PM2.5, issued same day as ozone).
Designation
2008 8-hour Ozone Standard (75 ppb)
WDNR – 2008 Daily Ozone -- Standard Nonattainment Designation Option Technical Support Document; Feb. 27, 2009
Gov. Jim Doyle Letter to EPA: Recommending All Wisconsin Counties be Designated as Attainment for the 8-Hour Ozone Standard; March 12, 2009.
On September 2, 2011 President Obama asked the EPA to withdraw its proposed ozone standard revision.
The EPA released a memo announcing that it would begin implementing the 2008 8-hour ozone standard. The Sheboygan area is listed as a marginal nonattainment area in the EPA's potential classification table. September 22, 2011.
On December 12, the EPA filed a proposed consent decree with the environmental organization WildEarth Guardians concerning deadlines for implementing the 2008 ozone NAAQS. Under the consent decree, the EPA would agree to make final non-attainment determinations by May 31, 2012.
December 2011 - The EPA intends to designate 43 areas as being in nonattainment of the 2008 ozone standard, including Sheboygan County, Wisconsin. The EPA also indicated that it would be reevaluating its designation of Kenosha County as attainment based on 2011 air quality data recently submitted by Illinois. The State of Wisconsin has until February 29, 2012 to submit additional information to the EPA in support of designating Sheboygan County as attainment.
On December 7, 2011, Illinois sent its 2011 certified air quality data to the EPA for consideration in the ozone designation process. The 2011 ozone data indicates a monitored violation of the 2008 ozone standard at the Zion monitor in Lake County, Illinois, which is part of the Combined Statistical Area (CSA) that includes Chicago and Kenosha County, Wisconsin.
Because the data indicates an ozone level violation, the EPA announced on January 31, 2012 that intends to designate the Chicago-Naperville, Illinois-Indiana-Wisconsin area as nonattainment, with boundaries that include: Kenosha County in Wisconsin; Lake, Porter, and Jasper Counties in Indiana; and several counties in Illinois.
The technical support document provides the technical and qualitative bases for the intended boundaries of the Chicago-Naperville, IL-IN-WI ozone nonattainment area. Kenosha County has not been a part of the Chicago nonattainment area in the past. The county was instead included in the Milwaukee-Racine, Wisconsin ozone nonattainment area for the 1997 ozone standard, which the EPA has proposed to designate as attainment for the 2008 standard.
The VOC and NOx emissions in Kenosha County, precursors to ozone pollution, are relatively low and similar to those for counties recommended for exclusion from the intended ozone nonattainment area. In addition, it is noted that Illinois’ and Wisconsin’s wind direction analyses for high ozone days indicate that Kenosha County emissions are probably downwind of the violating Zion, Illinois monitor on high ozone days. These conclusions would support the exclusion of Kenosha County from the intended ozone nonattainment area.
However, the EPA thinks that it is appropriate to include it in the Chicago nonattainment area now because historically the Chiwaukee Prairie monitoring site in Kenosha County, Wisconsin has been the high downwind monitoring site for the Chicago region. The Chiwaukee Prairie ozone design value was used to establish the classification for the Chicago-Gary-Lake County, IL-IN ozone nonattainment area under both the 1997 8-hour ozone standard and the 1-hour ozone standard. In addition, monitoring data from this monitoring site was historically used by the States of Illinois, Indiana, and Wisconsin in conjunction with modeled ozone concentrations to demonstrate that emission reductions in the Chicago area were sufficient to attain the 1-hour ozone standard and the 1997 8-hour ozone standard.
1997 8-hour Ozone Standard (84 ppb)
The DNR held a public hearing to hear comments on the state’s 1997 8-hour ozone standard redesignation request on September 13, 2011. Written comments were due September 30, 2011.
On Jan. 28, 2011 the EPA withdrew its direct final rule from Dec. 15, 2010. The withdrawn rule was a determination that the Milwaukee-Racine and Sheboygan, Wisconsin areas have attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). The rule was withdrawn because an adverse comment was received. The EPA will now proceed with formal rulemaking on the determination.
WDNR – Redesignation Request for 8-Hour Ozone (1997 Standard), June 2009
WDNR – 2007 Milwaukee 6-County Area Redesignation Request; June 12, 2007
WDNR – 2007 Manitowoc-Kewaunee Redesignation Request; June 14, 2007
WDNR – Revisions to the State Implementation Plan for 8-Hour Ozone, June 2007
Additional Information
Summary and Critique of the Benefits Estimates in the RIA for the Ozone NAAQS Reconsideration, NERA Report, July 2011