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EPA Proposes to Designate Three Kentucky Counties and One Southern Indiana County As Nonattainment for the 2008 Ozone NAAQS


By Bradley E. Dillon, Attorney, Bingham Greenebaum Doll LLP

In the February 14, 2012 Federal Register, EPA proposed a rule implementing the 2008 ozone NAAQS outlining its approach to classifications and attainment deadlines. (77 FR 8197). The rule is an attempt by EPA to establish a classification system for those ozone nonattainment areas based on their measured “percent-above-the-[ozone] standard.” This approach tracks the 1990 Clean Air Act provisions that defined nonattainment areas as Marginal, Moderate, Serious, Severe or Extreme. Depending upon the extent of the violation, the nonattainment area will be given a range of three to 20 years to attain compliance with the 2008 standard. The comment period on this proposal ended on March 15. Once this rule is finalized, states will be required to submit SIP revisions to demonstrate their plans to attain compliance with the ozone standard by the dates associated with the nonattainment areas classification. It appears that the proposed Kentucky and Indiana nonattainment areas would fall into the Marginal classification.

To view a complete PDF of the Fourth Quarter 2011 / First Quarter 2012 issue of the Air Quality Letter, click HERE.

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