Under the current federal law, states are required to simultaneously implement the requirements of the 2008 and 2015 national ambient air quality standards (NAAQS) for ozone. Therefore, HCPA continues to work with the broad industry-wide coalition to actively support the “Ozone Standards Implementation Act of 2017” (H.R. 806 and S. 263).
In July 2017, HCPA and 146 other associations, chambers of commerce and companies signed a multi-association letter to the Senate and House leadership supporting passage of H.R. 806 and S. 263. This letter was sent to every Senate and House office in advance of the House Floor vote on H.R. 806.
House of Representatives Passes H.R. 806
On July 18, the House passed H.R. 806 by a vote of 229 – 199. In summary, the bill will:
- Extend the date for EPA’s final nonattainment designations to 2025.
- Extend the deadline for states to submit state implementation plans (SIPs) until 2026.
- Change EPA’s review of the NAAQS from every five years to 10 years.
- Authorize EPA to consider technological feasibility as a secondary consideration when revising NAAQS.
- Require EPA to issue timely implementation regulations and guidance when revising NAAQS.
Senate Action on S. 263
In May 2017, the Senate Environment and Public Works Subcommittee on Clean Air and Nuclear Safety held a hearing on S. 263 and S. 452, the “Ozone Regulatory Delay and Extension of Assessment Length (ORDEAL) Act,” which would change the review cycle for NAAQS from a five-year review cycle to a 10-year review cycle.
In November 2017, the Senate Environment and Public Works Committee held a hearing on “Promoting American Leadership in Reducing Air Emissions through Innovation.” The committee received testimony from witnesses on S. 263 and S. 452.
Update on EPA Action to Implement the 2015 Ozone Standards
In June 2017, EPA extended the deadline for issuing initial designations of nonattainment areas citing the need for more time to implement the ozone standard. 82 Fed. Reg. 29246-47 (June 28, 2017). On August 1, fifteen states lead by New York filed a lawsuit challenging the EPA deadline extension. In addition, several environmental and health non-governmental organizations (NGOs) also challenged the EPA action.
On August 2, EPA withdrew the one-year extension of the deadline for the agency to issue initial designations of nonattainment areas. Therefore, EPA was required to meet the original deadline of October 2017 for issuing initial area designations for the 2015 ozone standard. 82 Fed. Reg. 37318-19 (Aug. 10, 2017).
On November 6, 2017, EPA issued initial area designations and determined that most areas in the country meet the 2015 ozone standards. Thus, EPA designated 2,646 counties, two tribal areas and five territories as “attainment/unclassifiable.” According to EPA, this represents approximately 85 percent of the counties in the U.S. The pre-publication copy of the final rule and related fact sheets are posted on the EPA website.
EPA plans to issue its final designation of nonattainment areas in October 2018.
Update on Legal Challenges to the 2015 Ozone Standards
HCPA continues to actively monitor the legal challenge filed by industry, state and environmental petitioners. Murray Energy Corp. v. EPA, Consolidate Case No. 15-1385 (D.C. Cir., filed Oct. 26, 2015). In April 2017, the U.S. Court of Appeals for the District of Columbia granted EPA’s motion to postpone oral arguments and ordered EPA to “file status reports on the agency’s review of the 2015 Rule at 90-day intervals,” beginning in July 2017.
Under the current federal law, states are required to simultaneously implement the requirements of the 2008 and 2015 national ambient air quality standards (NAAQS) for ozone. Therefore, HCPA continues to work with the broad industry-wide coalition to actively support the “Ozone Standards Implementation Act of 2017” (H.R. 806 and S. 263).
In July 2017, HCPA and 146 other associations, chambers of commerce and companies signed a multi-association letter to the Senate and House leadership supporting passage of H.R. 806 and S. 263. This letter was sent to every Senate and House office in advance of the House Floor vote on H.R. 806.
House of Representatives Passes H.R. 806
On July 18, the House passed H.R. 806 by a vote of 229 – 199. In summary, the bill will:
Senate Action on S. 263
In May 2017, the Senate Environment and Public Works Subcommittee on Clean Air and Nuclear Safety held a hearing on S. 263 and S. 452, the “Ozone Regulatory Delay and Extension of Assessment Length (ORDEAL) Act,” which would change the review cycle for NAAQS from a five-year review cycle to a 10-year review cycle.
In November 2017, the Senate Environment and Public Works Committee held a hearing on “Promoting American Leadership in Reducing Air Emissions through Innovation.” The committee received testimony from witnesses on S. 263 and S. 452.
Update on EPA Action to Implement the 2015 Ozone Standards
In June 2017, EPA extended the deadline for issuing initial designations of nonattainment areas citing the need for more time to implement the ozone standard. 82 Fed. Reg. 29246-47 (June 28, 2017). On August 1, fifteen states lead by New York filed a lawsuit challenging the EPA deadline extension. In addition, several environmental and health non-governmental organizations (NGOs) also challenged the EPA action.
On August 2, EPA withdrew the one-year extension of the deadline for the agency to issue initial designations of nonattainment areas. Therefore, EPA was required to meet the original deadline of October 2017 for issuing initial area designations for the 2015 ozone standard. 82 Fed. Reg. 37318-19 (Aug. 10, 2017).
On November 6, 2017, EPA issued initial area designations and determined that most areas in the country meet the 2015 ozone standards. Thus, EPA designated 2,646 counties, two tribal areas and five territories as “attainment/unclassifiable.” According to EPA, this represents approximately 85 percent of the counties in the U.S. The pre-publication copy of the final rule and related fact sheets are posted on the EPA website.
EPA plans to issue its final designation of nonattainment areas in October 2018.
Update on Legal Challenges to the 2015 Ozone Standards
HCPA continues to actively monitor the legal challenge filed by industry, state and environmental petitioners. Murray Energy Corp. v. EPA, Consolidate Case No. 15-1385 (D.C. Cir., filed Oct. 26, 2015). In April 2017, the U.S. Court of Appeals for the District of Columbia granted EPA’s motion to postpone oral arguments and ordered EPA to “file status reports on the agency’s review of the 2015 Rule at 90-day intervals,” beginning in July 2017.