EPA adopts more stringent ozone emissions limits for all areas

WASHINGTON, D.C. — The U.S. Environmental Protection Agency’s (EPA) Office of General Counsel (OGC) has decided that all ozone nonattainment areas must adopt significantly stricter emissions limits following a federal appeals court decision to vacate the agency’s rule to implement the eight-hour ozone air quality standard. The EPA has not officially announced the decision, though the decision was recently disclosed to an EPA advisory panel.

The EPA decision was made after the U.S. Court of Appeals for the District of Columbia Circuit ruled June 8, 2007, in South Coast Air Quality Management District v. EPA to vacate the agency’s phase I implementation of the 1997 ozone standard. In the rule, the EPA placed 76 of 122 ozone nonattainment areas under a less-strict classification, called “subpart 1,” that identified major stationary sources as those emitting 100 tons per year (tpy) of ozone-forming pollutants. The remainder of the nonattainment areas, placed in the stricter “subpart 2” category, defined major sources as those that emitted 25 tpy.

There are now questions as to how OGC’s interpretation of the ruling will impact state implementation plans (SIPs), which are quality blueprints drafted by nonattainment areas to identify strategies for reducing pollution to meet the standard. The EPA decision may cause the areas classified in the less-stringent category to amend their plan to strengthen the emissions reduction requirements.

Bill Harnett, director of the EPA’s Office of Air Quality Planning and Standards, told the Clean Air Act Advisory Committee’s (CAAAC’s) permits subcommittee May 28 that the OGC has communicated its decision to the EPA regions. The regions are now rejecting permits in nonattainment areas that include emissions limits over 25 tons. Harnett also stated the EPA hopes to issue proposals to replace the vacated implementation rule for the 1997 ozone standard as well as the implementation rule for the 2008 standard by this fall.

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