EPA Determines Attainment of 1997 8-hour Ozone Standard



In the March 1, 2011 Federal Register publication, Environmental Protection Agency (EPA) announced its determination under the Clean Air Act that the Milwaukee-Racine and Sheboygan areas have attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS).  The Milwaukee-Racine area includes Milwaukee, Ozaukee, Racine, Washington, Waukesha, and Kenosha Counties; the Sheboygan area includes Sheboygan County.  The determination of attainment is not equivalent to a redesignation to attainment.  As published in the Federal Register, the determination of attainment suspends the requirements for the State of Wisconsin to submit attainment demonstration, associated reasonably available control technologies, RFP plans, contingency measures, and any other planning SIPs related to attainment of the 1997 8-hour ozone NAAQS.

(The determination of attainment does not address the proposed 2008 8-hour ozone standard which has since been reconsidered.)

The direct final rule was originally proposed to become effective February 14, 2011 assuming no adverse comments.  EPA did receive one adverse comment (which was based on a misunderstanding of determining attainment vs. redesignation to attainment).  The final rule is effective on March 31, 2011.