Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 101901 

1A DV is a statistic used to compare data 

collected at an ambient air quality monitoring site 

to the applicable NAAQS to determine compliance 

with the standard. The data handling conventions 

for calculating DVs for the 2015 ozone NAAQS are 

specified in appendix U to 40 CFR part 50. The DV 

for the 2015 ozone NAAQS is the 3-year average of 

the annual fourth highest daily maximum 8-hour 

average ozone concentration. The DV is calculated 

for each air quality monitor in an area, and the DV 

for an area is the highest DV among the individual 

monitoring sites located in the area. 

WASHINGTON—2010 SULFUR DIOXIDE NAAQS 

[Primary] 

Designated area 1

Designation 

Date 2 Type 

Whatcom County (part) .................................................................................................. January 16, 2025 ............... Attainment. 

That portion of Whatcom County encompassed by the rectangle with the 

vertices using Universal Traverse Mercator (UTM) coordinates in UTM zone 

10 with datum NAD83 as follows: (1) Vertices—UTM Easting (m) 519671, 

UTM Northing (m) 5412272; (2) Vertices—UTM Easting (m) 524091, UTM 

Northing (m) 5412261; (3) Vertices—UTM Easting (m) 519671, UTM Northing 

(m) 5409010; (1) Vertices—UTM Easting (m) 524111, UTM Northing (m) 

5409044.

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is April 9, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2024–29575 Filed 12–16–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R05–OAR–2024–0546; FRL–12410– 

01–R5] 

Findings of Failure To Attain and 

Reclassification of Areas in Illinois, 

Indiana, Michigan, Ohio, and 

Wisconsin as Serious for the 2015 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final determination. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

Allegan County, MI; Berrien County, MI; 

Chicago, IL-IN-WI; Cleveland, OH; 

Milwaukee, WI; Muskegon County, MI; 

Sheboygan County, WI; and Illinois 

portion of the St. Louis, MO-IL areas 

failed to attain the 2015 ozone National 

Ambient Air Quality Standards 

(NAAQS) by the applicable attainment 

date. The effect of failing to attain by the 

applicable attainment date is that the 

areas will be reclassified by operation of 

law to ‘‘Serious’’ nonattainment for the 

2015 ozone NAAQS on January 16, 

2025, the effective date of this final rule. 

This action fulfills EPA’s obligation 

under the Clean Air Act (CAA) to 

determine whether ozone 

nonattainment areas attained the 

NAAQS by the attainment date and to 

publish a document in the Federal 

Register identifying each area that is 

determined as having failed to attain 

and identifying the reclassification. 

DATES: This final rule is effective on 

January 16, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2024–0546. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information (CBI), Proprietary Business 

Information (PBI), or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through https://

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Eric 

Svingen, Environmental Engineer, at 

(312) 353–4489 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Eric 

Svingen, Air and Radiation Division 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 353–4489, svingen.eric@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview of Action 

EPA is required to determine whether 

areas designated nonattainment for an 

ozone NAAQS attained the standard by 

the applicable attainment date, and to 

take certain steps for areas that failed to 

attain (see CAA section 181(b)(2)). 

EPA’s determination of attainment for 

the 2015 ozone NAAQS is based on a 

nonattainment area’s design value (DV) 

as of the attainment date.1

The 2015 ozone NAAQS is met at an 

EPA regulatory monitoring site when 

the DV does not exceed 0.070 parts per 

million (ppm). For the Moderate 

nonattainment areas for the 2015 ozone 

NAAQS addressed in this action, the 

attainment date was August 3, 2024. 

Because the DV is based on the three 

most recent, complete calendar years of 

data, attainment must occur no later 

than December 31 of the year prior to 

the attainment date (i.e., December 31, 

2023, in the case of Moderate 

nonattainment areas for the 2015 ozone 

NAAQS). As such, EPA’s 

determinations for each area are based 

upon the complete, quality-assured, and 

certified ozone monitoring data from 

calendar years 2021, 2022, and 2023. 

This action addresses eight areas in 

Illinois, Indiana, Michigan, Missouri, 

Ohio, and Wisconsin that were 

classified as Moderate for the 2015 

ozone NAAQS as of the Moderate area 

attainment date of August 3, 2024. EPA 

is addressing the remaining areas, 

including the Missouri portion of the St. 

Louis area, in separate actions. Table 1 

provides a summary of the DVs and the 

EPA’s air quality-based determinations 


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for the eight Moderate areas addressed 

in this action. 

TABLE 1—SUMMARY OF NONATTAINMENT AREAS IN ILLINOIS, INDIANA, MICHIGAN, MISSOURI, OHIO, AND WISCONSIN

CLASSIFIED AS MODERATE FOR THE 2015 OZONE NAAQS 

Nonattainment area 

2021–2023 

design value 

(DV) 

(ppm) 

Attainment by the 

attainment date 

Allegan County, MI ...................................................................................................................................... 0.075 Failed to attain. 

Berrien County, MI ....................................................................................................................................... 0.073 Failed to attain. 

Chicago, IL-IN-WI ........................................................................................................................................ 0.077 Failed to attain. 

Cleveland, OH ............................................................................................................................................. 0.073 Failed to attain. 

Milwaukee, WI ............................................................................................................................................. 0.074 Failed to attain. 

Muskegon County, MI .................................................................................................................................. 0.077 Failed to attain. 

Sheboygan County, WI ................................................................................................................................ 0.077 Failed to attain. 

St. Louis, MO-IL ........................................................................................................................................... 0.074 Failed to attain. 

EPA is finding that the eight Moderate 

areas in Table 1 did not attain by their 

attainment dates, because their 2021– 

2023 DVs are greater than 0.070 ppm. If 

EPA determines that a nonattainment 

area classified as Moderate failed to 

attain by the attainment date, CAA 

section 181(b)(2)(B) requires EPA to 

publish a determination in the Federal 

Register, no later than 6 months 

following the attainment date, 

identifying each such area and 

identifying the applicable 

reclassification. 

Under CAA section 181(b)(2)(A), the 

effect of this determination is that these 

eight areas will be reclassified by 

operation of law as Serious on the 

effective date of this final rule. The 

reclassified areas will then be subject to 

the Serious area requirement to attain 

the 2015 ozone NAAQS as 

expeditiously as practicable, but not 

later than August 3, 2027. 

Once reclassified as Serious, the 

relevant States must submit to EPA the 

SIP revisions for these areas that satisfy 

the statutory and regulatory 

requirements applicable to Serious areas 

established in CAA section 182(c) and 

in the 2015 Ozone NAAQS SIP 

Requirements Rule (see 83 FR 62998, 

December 6, 2018). EPA is establishing 

deadlines for submitting SIP revisions 

for these reclassified areas in a separate 

action. 

II. What is the background for this 

action? 

On October 26, 2015, EPA issued its 

final action to revise the NAAQS for 

ozone to establish a new 8-hour 

standard (see 80 FR 65452, October 26, 

2015). In that action, EPA promulgated 

identical tighter primary and secondary 

ozone standards designed to protect 

public health and welfare that specified 

an 8-hour ozone level of 0.070 ppm. 

Specifically, the standards require that 

the 3-year average of the annual fourth 

highest daily maximum 8-hour average 

ozone concentration may not exceed 

0.070 ppm. 

Effective on August 3, 2018, EPA 

designated 52 areas throughout the 

country as nonattainment for the 2015 

ozone NAAQS (see 83 FR 25776, June 

4, 2018). In a separate action, EPA 

assigned classification thresholds and 

attainment dates based on the severity 

of an area’s ozone problem, determined 

by the area’s DV (see 83 FR 10376, May 

8, 2018). EPA established the attainment 

date for Marginal, Moderate, and 

Serious nonattainment areas as 3 years, 

6 years, and 9 years, respectively, from 

the effective date of the final 

designations. Thus, the attainment date 

for Marginal nonattainment areas for the 

2015 ozone NAAQS was August 3, 

2021, the attainment date for Moderate 

areas was August 3, 2024, and the 

attainment date for Serious areas is 

August 3, 2027. On October 7, 2022 (87 

FR 60897), EPA determined that 22 

areas, including the eight areas 

addressed in this action, did not attain 

the standards by the Marginal 

attainment date, and these areas were 

reclassified as Moderate by operation of 

law. 

III. What is the statutory authority for 

this action? 

The statutory authority for these 

determinations is provided by the CAA, 

as amended (42 U.S.C. 7401 et seq.). 

Relevant portions of the CAA include, 

but are not necessarily limited to, 

sections 181 and 182. 

CAA section 107(d) provides that 

when the EPA establishes or revises a 

NAAQS, the agency must designate 

areas of the country as nonattainment, 

attainment, or unclassifiable based on 

whether an area is not meeting (or is 

contributing to air quality in a nearby 

area that is not meeting) the NAAQS, 

meeting the NAAQS, or cannot be 

classified as meeting or not meeting the 

NAAQS, respectively. Subpart 2 of part 

D of title I of the CAA governs the 

classification, State planning, and 

emissions control requirements for any 

areas designated as nonattainment for a 

revised primary ozone NAAQS. In 

particular, CAA section 181(a)(1) 

requires each area designated as 

nonattainment for a revised ozone 

NAAQS to be classified at the same time 

as the area is designated based on the 

extent of the ozone problem in the area 

(as determined based on the area’s DV). 

Classifications for ozone nonattainment 

areas are ‘‘Marginal,’’ ‘‘Moderate,’’ 

‘‘Serious,’’ ‘‘Severe,’’ and ‘‘Extreme,’’ in 

order of stringency. CAA section 182 

provides the specific attainment 

planning and additional requirements 

that apply to each ozone nonattainment 

area based on its classification. 

Section 181(b)(2)(A) of the CAA 

requires that within 6 months following 

the applicable attainment date, EPA 

shall determine whether an ozone 

nonattainment area attained the ozone 

standard based on the area’s DV as of 

that date. Under CAA section 181(a)(5) 

as interpreted by EPA in 40 CFR 

51.1307, upon application by any State, 

EPA may grant a 1-year extension to the 

attainment date when certain criteria are 

met. One criterion for a first attainment 

date extension is that an area’s fourth 

highest daily maximum 8-hour value for 

the attainment year must not exceed the 

level of the standard. 

In the event an area fails to attain the 

ozone NAAQS by the applicable 

attainment date and is not granted a 1- 

year attainment date extension, CAA 

section 181(b)(2)(A) requires the EPA to 

make the determination that an ozone 

nonattainment area failed to attain the 

ozone standard by the applicable 

attainment date, and requires the area to 

be reclassified by operation of law to the 


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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 101903 

2All nonattainment areas named in this action 

that failed to attain by the attainment date would 

be classified to the next higher classification, 

Serious. None of the affected areas has a DV that 

would otherwise place an area in a higher 

classification. 

3See 40 CFR 50.19. 

4According to appendix U to 40 CFR part 50, 

ambient monitoring sites with a DV of 0.070 ppm 

or less must meet minimum data completeness 

requirements in order to be considered valid. These 

requirements are met for a 3-year period at a site 

if daily maximum 8-hour average ozone 

concentrations are available for at least 90% of the 

days within the ozone monitoring season, on 

average, for the 3-year period, with a minimum of 

at least 75% of the days within the ozone 

monitoring season in any one year. Ozone 

monitoring seasons are defined for each State in 

appendix D to 40 CFR part 58. DVs greater than 

0.070 ppm are considered to be valid regardless of 

the data completeness. 

5EPA maintains the AQS, a database that 

contains ambient air pollution data collected by 

EPA, State, local, and tribal air pollution control 

agencies. The AQS also contains meteorological 

data, descriptive information about each monitoring 

station (including its geographic location and its 

operator) and data quality assurance/quality control 

information. The AQS data is used to (1) assess air 

quality, (2) assist in attainment/non-attainment 

designations, (3) evaluate SIPs for non-attainment 

areas, (4) perform modeling for permit review 

analysis, and (5) prepare reports for Congress as 

mandated by the CAA. Access is through the 

website at https://www.epa.gov/aqs. 

6Annual monitoring network plans for each State 

are available at https://www.epa.gov/amtic/statemonitoring-agency-annual-air-monitoring-plansand-network-assessments. 

higher of: (1) The next higher 

classification for the area, or (2) the 

classification applicable to the area’s DV 

as of the determination of failure to 

attain.2 Section 181(b)(2)(B) of the CAA 

requires EPA to publish the 

determination of failure to attain and 

accompanying reclassification in the 

Federal Register no later than 6 months 

after the attainment date, which in the 

case of the Moderate nonattainment 

areas considered in this determination 

is February 3, 2025. 

Once an area is reclassified, each 

State that contains a reclassified area is 

required to submit certain SIP revisions 

in accordance with its more stringent 

classification. The SIP revisions are 

intended to, among other things, 

demonstrate how the area will attain the 

NAAQS as expeditiously as practicable, 

but no later than August 3, 2027, the 

Serious area attainment date for the 

2015 ozone NAAQS. Per CAA section 

182(i), a State with a reclassified ozone 

nonattainment area must submit the 

applicable attainment plan requirements 

‘‘according to the schedules prescribed 

in connection with such requirements’’ 

in CAA section 182(c) for Serious areas, 

but EPA ‘‘may adjust applicable 

deadlines (other than attainment dates) 

to the extent such adjustment is 

necessary or appropriate to assure 

consistency among the required 

submissions.’’ EPA is addressing the SIP 

revision and implementation deadlines 

for newly reclassified Serious areas, as 

well as the continued applicability of 

Moderate area requirements that these 

areas may not yet have met, in a 

separate rulemaking. 

IV. How does EPA determine whether 

an area has attained the standard? 

The level of the 2015 ozone NAAQS 

is 0.070 ppm.3 Under EPA regulations at 

40 CFR part 50, appendix U, the 2015 

ozone NAAQS is attained at a site when 

the 3-year average of the annual fourth 

highest daily maximum 8-hour average 

ambient ozone concentration (i.e., DV) 

does not exceed 0.070 ppm. When the 

DV does not exceed 0.070 ppm at each 

ambient air quality monitoring site 

within the area, the area is deemed to 

be attaining the ozone NAAQS. Each 

area’s DV is determined by the highest 

DV among monitors with valid DVs.4

The data handling convention in 

appendix P dictates that concentrations 

shall be reported in ‘‘ppm’’ to the third 

decimal place, with additional digits to 

the right being truncated. Thus, a 

computed 3-year average ozone 

concentration of 0.071 ppm is greater 

than 0.070 ppm and would exceed the 

standard, but a computed 3-year average 

ozone concentration of 0.0709 ppm is 

truncated to 0.070 ppm and attains the 

2015 ozone NAAQS. 

EPA’s determination of attainment is 

based upon hourly ozone concentration 

data for calendar years 2021, 2022 and 

2023 that have been collected and 

quality-assured in accordance with 40 

CFR part 58 and reported to EPA’s Air 

Quality System (AQS) database.5

State and local monitoring network 

plans are subject to approval by EPA on 

an annual basis and any interim 

modifications to those plans must also 

be approved by EPA.6 The annual 

monitoring network plan process is 

provided in 40 CFR 58.10 and the 

requirements governing system 

modifications and monitor 

discontinuations are laid out in 40 CFR 

58.14. Where State or local agencies 

seek to modify the ambient air quality 

monitoring networks by discontinuing a 

monitor station, EPA may approve such 

modifications subject to the criteria 

established in 40 CFR 58.14(c). EPA 

may not approve such discontinuation if 

doing so would compromise data 

collection needed for implementation of 

a NAAQS. If a monitor has been 

discontinued subject to 40 CFR 58.14 

such that the discontinuation results in 

insufficient data to calculate a valid DV 

according to appendix U to 40 CFR part 

50, EPA will determine the applicable 

area’s attainment status based on the 

remaining monitors in the area. 

V. What is EPA’s determination for the 

areas? 

EPA is determining that the eight 

Moderate nonattainment areas 

addressed in this action failed to attain 

the 2015 ozone NAAQS by the 

attainment date of August 3, 2024. The 

eight areas are: Allegan County, MI; 

Berrien County, MI; Chicago, IL-IN-WI; 

Cleveland, OH; Milwaukee, WI; 

Muskegon County, MI; Sheboygan 

County, WI; and the Illinois portion of 

the St. Louis, MO-IL area. As shown in 

Table 1, at least one monitor in each of 

these areas had a 2021–2023 DV greater 

than 0.070 ppm. EPA has further 

determined that these areas did not 

meet the requirement under section 

181(a)(5)(B) and 40 CFR 51.1307 

necessary to grant a 1-year extension of 

the attainment date, because at least one 

monitor in each area had a 2023 fourth 

highest daily maximum 8-hour average 

that was greater than 0.070 ppm. Table 

2 through Table 9 show the annual 

fourth highest daily maximum 8-hour 

average ozone concentration and 2021– 

2023 DV for each monitor in the eight 

areas. 


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TABLE 2—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE ALLEGAN COUNTY, MI AREA

AQS Site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value 

(DV) 

(ppm) 2021 2022 2023 

26–005–0003 ................ Allegan ........................ Michigan ...................... 0.078 0.073 0.075 0.075 

TABLE 3—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE BERRIEN COUNTY, MI AREA

AQS Site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value 

(DV) 

(ppm) 2021 2022 2023 

26–021–0014 ................ Berrien ......................... Michigan ...................... 0.069 0.074 0.078 0.073 

TABLE 4—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE CHICAGO, IL-IN-WI AREA

AQS Site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value 

(DV) 

(ppm) 2021 2022 2023 

17–031–0001 ................ Cook ............................ Illinois .......................... 0.068 0.073 0.082 0.074 

17–031–0032 ................ Cook ............................ Illinois .......................... 0.077 0.072 0.083 0.077 

17–031–0076 ................ Cook ............................ Illinois .......................... 0.070 0.074 0.080 0.074 

17–031–1003 ................ Cook ............................ Illinois .......................... 0.068 0.070 0.073 0.070 

17–031–1601 ................ Cook ............................ Illinois .......................... 0.072 0.071 0.081 0.074 

17–031–3103 ................ Cook ............................ Illinois .......................... 0.060 0.062 0.081 0.067 

17–031–4002 ................ Cook ............................ Illinois .......................... 0.067 0.068 0.080 0.071 

17–031–4007 ................ Cook ............................ Illinois .......................... 0.069 0.070 0.083 0.074 

17–031–4201 ................ Cook ............................ Illinois .......................... 0.075 0.070 0.086 0.077 

17–031–7002 ................ Cook ............................ Illinois .......................... 0.078 0.071 0.081 0.076 

17–043–6001 ................ DuPage ....................... Illinois .......................... 0.069 0.068 0.082 0.073 

17–089–0005 ................ Kane ............................ Illinois .......................... 0.068 0.070 0.084 0.074 

17–097–1007 ................ Lake ............................ Illinois .......................... 0.077 0.070 0.081 0.076 

17–111–0001 ................ McHenry ...................... Illinois .......................... 0.069 0.070 0.084 0.074 

17–197–1011 ................ Will .............................. Illinois .......................... 0.065 0.064 0.080 0.069 

18–089–0022 ................ Lake ............................ Indiana ........................ 0.070 0.071 0.076 0.072 

18–089–2008 ................ Lake ............................ Indiana ........................ 0.068 0.069 0.075 0.070 

18–127–0024 ................ Porter .......................... Indiana ........................ 0.072 0.073 0.077 0.074 

18–127–0026 ................ Porter .......................... Indiana ........................ 0.066 0.067 0.072 0.068 

55–059–0019 ................ Kenosha ...................... Wisconsin .................... 0.079 0.070 0.084 0.077 

55–059–0025 ................ Kenosha ...................... Wisconsin .................... 0.072 0.071 0.080 0.074 

TABLE 5—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE CLEVELAND, OH AREA

AQS Site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value 

(DV) 

(ppm) 2021 2022 2023 

39–035–0034 ................ Cuyahoga .................... Ohio ............................. 0.070 0.073 0.071 0.071 

39–035–0060 ................ Cuyahoga .................... Ohio ............................. 0.059 0.061 0.065 0.061 

39–035–0064 ................ Cuyahoga .................... Ohio ............................. 0.069 0.065 0.075 0.069 

39–035–5002 ................ Cuyahoga .................... Ohio ............................. 0.068 0.065 0.073 0.068 

39–055–0004 ................ Geauga ....................... Ohio ............................. 0.067 0.064 0.066 0.065 

39–085–0003 ................ Lake ............................ Ohio ............................. 0.072 0.076 0.072 0.073 

39–085–0007 ................ Lake ............................ Ohio ............................. 0.063 0.062 0.073 0.066 

39–093–0018 ................ Lorain .......................... Ohio ............................. 0.059 0.063 0.064 0.062 

39–103–0004 ................ Medina ........................ Ohio ............................. 0.065 0.067 0.072 0.068 

39–133–1001 ................ Portage ........................ Ohio ............................. 0.067 0.071 0.070 0.069 

39–153–0026 ................ Summit ........................ Ohio ............................. 0.066 0.069 0.071 0.068 


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TABLE 6—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE MILWAUKEE, WI AREA

AQS Site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value 

(DV) 

(ppm) 2021 2022 2023 

55–0790010 .................. Milwaukee ................... Wisconsin .................... 0.066 0.065 0.068 0.066 

55–079–0068 ................ Milwaukee ................... Wisconsin .................... 0.071 0.070 0.076 0.072 

55–079–0085 ................ Milwaukee ................... Wisconsin .................... 0.072 0.074 0.076 0.074 

55–089–0008 ................ Ozaukee ...................... Wisconsin .................... 0.072 0.072 0.077 0.073 

55–089–0009 ................ Ozaukee ...................... Wisconsin .................... 0.073 0.071 0.077 0.073 

TABLE 7—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE MUSKEGON COUNTY, MI AREA

AQS Site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value 

(DV) 

(ppm) 2021 2022 2023 

26–121–0039 ................ Muskegon .................... Michigan ...................... 0.075 0.082 0.075 0.077 

TABLE 8—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE SHEBOYGAN COUNTY, WI AREA

AQS Site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value 

(DV) 

(ppm) 2021 2022 2023 

55–117–0006 ................ Sheboygan .................. Wisconsin .................... 0.073 0.077 0.082 0.077 

55–117–0009 ................ Sheboygan .................. Wisconsin .................... 0.066 0.071 0.074 0.070 

TABLE 9—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE ST. LOUIS, MO-IL AREA

AQS Site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value 

(DV) 

(ppm) 2021 2022 2023 

17–119–0120 ................ Madison ....................... Illinois .......................... 0.070 0.076 0.078 0.074 

17–119–0122 ................ Madison ....................... Illinois .......................... 0.070 0.067 0.078 0.071 

17–1193007 .................. Madison ....................... Illinois .......................... 0.070 0.072 0.077 0.073 

17–163–0010 ................ St. Clair ....................... Illinois .......................... 0.070 0.066 0.067 0.077 

29–099–0019 ................ Jefferson ..................... Missouri ....................... 0.073 0.067 0.078 0.072 

29–183–1002 ................ St. Charles .................. Missouri ....................... 0.067 0.071 0.080 0.072 

29–183–1004 ................ St. Charles .................. Missouri ....................... 0.065 0.067 0.073 0.068 

29–510–0085 ................ St. Louis City ............... Missouri ....................... 0.068 0.068 0.077 0.071 

VI. What action is EPA taking? 

Pursuant to CAA section 181(b)(2), 

EPA is determining that the Allegan 

County, MI; Berrien County, MI; 

Chicago, IL-IN-WI; Cleveland, OH; 

Milwaukee, WI; Muskegon County, MI; 

Sheboygan County, WI; and Illinois 

portion of the St. Louis, MO-IL areas 

failed to attain the 2015 ozone NAAQS 

by the applicable attainment date of 

August 3, 2024. Therefore, upon the 

effective date of this final action, these 

areas will be reclassified, by operation 

of law, to Serious for the 2015 ozone 

NAAQS. Once reclassified as Serious, 

these areas will be required to attain the 

standard ‘‘as expeditiously as 

practicable’’ but no later than 9 years 

after the initial designation as 

nonattainment, which in this case 

would be no later than August 3, 2027. 

Section 553 of the APA, 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedures are 

impracticable, unnecessary or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

EPA has determined that there is good 

cause for making this final agency 

action without prior proposal and 

opportunity for comment because our 

action to determine whether these areas 

have attained the NAAQS by the 

attainment date is governed, per CAA 

section 181(b)(2)(A), solely by area 

design values as of that date. The area 

design values relied upon in this 

determination are calculations based on 

the certified air quality monitoring data 

governed by EPA’s regulations and 


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involve no judgment or discretion. 

Thus, notice and public procedures are 

unnecessary to take this action. EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(B). 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive Order 

14094 (88 FR 21879, April 11, 2023). 

B. Paperwork Reduction Act (PRA) 

This rule does not impose an 

information collection burden under the 

provisions of the PRA of 1995 (44 U.S.C. 

3501 et seq.). This action does not 

contain any information collection 

activities and serves only to make final 

determinations that the Allegan County, 

MI; Berrien County, MI; Chicago, IL–IN– 

WI; Cleveland, OH; Milwaukee, WI; 

Muskegon County, MI; Sheboygan 

County, WI; and Illinois portion of the 

St. Louis, MO–IL nonattainment areas 

failed to attain the 2015 ozone standards 

by the August 3, 2024, attainment date 

where such areas will be reclassified as 

Serious nonattainment for the 2015 

ozone standards by operation of law 

upon the effective date of the final 

reclassification action. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

This action will not impose any 

requirements on small entities. The 

determination of failure to attain the 

2015 ozone standards (and resulting 

reclassifications), do not in and of 

themselves create any new requirements 

beyond what is mandated by the CAA. 

This final action would require the State 

to adopt and submit SIP revisions to 

satisfy CAA requirements and would 

not itself directly regulate any small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538 and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any State, local or 

Tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The division of 

responsibility between the Federal 

government and the States for purposes 

of implementing the NAAQS is 

established under the CAA. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action has Tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

federally recognized Tribal 

governments, nor preempt Tribal law. 

EPA has identified one Tribal area 

within the nonattainment areas covered 

by this rulemaking, that would be 

potentially affected by this final action. 

Specifically, the boundaries of the 

Berrien County, MI area contains the 

Pokagon Band of Potawatomi Indians. 

EPA has concluded that the final rule 

may have Tribal implications for this 

Tribe for the purposes of Executive 

Order 13175 but would not impose 

substantial direct costs upon the Tribe, 

nor would it preempt Tribal law. A 

Tribe that is part of an area that is 

reclassified from Moderate to Serious 

nonattainment is not required to submit 

a Tribal implementation plan revision to 

address new Moderate area 

requirements. 

However, certain permitting 

requirements will change for stationary 

sources seeking preconstruction permits 

in any nonattainment areas newly 

reclassified as Serious, including on 

Tribal lands within these nonattainment 

areas. 

EPA has communicated or intends to 

communicate with the potentially 

affected Tribe located within the 

boundaries of the nonattainment areas 

addressed in this final action, including 

offering government-to-government 

consultation, as appropriate. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern environmental health or safety 

risks that EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment. 

EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Due to the nature of the action being 

taken here, this action is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898/14096 

of achieving EJ for communities with EJ 

concerns. 

K. Congressional Review Act 

This rule is exempt from the CRA 

because it is a rule of particular 

applicability. The rule makes factual 

determinations for identified entities 

(the Allegan County, MI; Berrien 

County, MI; Chicago, IL–IN–WI; 


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Cleveland, OH; Milwaukee, WI; 

Muskegon County, MI; Sheboygan 

County, WI; and Illinois portion of the 

St. Louis, MO–IL areas), based on facts 

and circumstances specific to those 

entities. The determinations of 

attainment and failure to attain the 2015 

ozone NAAQS do not in themselves 

create any new requirements beyond 

what is mandated by the CAA. 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 18, 2025. Filing a 

petition for reconsideration by the 

Administrator of this action does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

this action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 81 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 6, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the preamble 

the Environmental Protection Agency 

amends title 40 CFR part 81 as follows: 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 81.314 is amended in the 

table for ‘‘Illinois—2015 8-Hour Ozone 

NAAQS [Primary and Secondary]’’ by 

revising the entry for ‘‘Chicago, IL-INWI’’ to read as follows: 

§ 81.314 Illinois. 

* * * * * 

ILLINOIS—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Chicago, IL-IN-WI: ............................................................ 3 7/14/2021 Nonattainment .................... 1/16/2025 Serious. 

Cook County. 

DuPage County. 

Grundy County (part): 

Aux Sable Township and Goose Lake Township. 

Kane County. 

Kendall County (part): 

Oswego Township. 

Lake County. 

McHenry County. 

Will County. 

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

3EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, 

but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, 

the implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later 

designation date. 

* * * * * 

■ 3. Section 81.315 is amended in the 

table for ‘‘Indiana—2015 8-Hour Ozone 

NAAQS [Primary and Secondary]’’ by 

revising the entry for ‘‘Chicago, IL-INWI’’ to read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Chicago, IL-IN-WI: ............................................................ 3 7/14/2021 Nonattainment .................... 1/16/2025 Serious. 

Lake County (part): 

Calumet Township, Hobart Township, North 

Township, Ross Township, and St. John 

Township. 

Porter County (part): 


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INDIANA—2015 8-HOUR OZONE NAAQS—Continued 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Center Township, Jackson Township, Liberty 

Township, Pine Township, Portage Township, Union Township, Washington Township, and Westchester Township. 

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

3EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, 

but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, 

the implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later 

designation date. 

* * * * * 

■ 4. Section 81.323 is amended in the 

table for ‘‘Michigan—2015 8-Hour 

Ozone NAAQS [Primary and 

Secondary]’’ by revising the entries for 

‘‘Allegan County, MI’’, ‘‘Berrien County, 

MI’’, and ‘‘Muskegon County, MI’’ to 

read as follows: 

§ 81.323 Michigan. 

* * * * * 

MICHIGAN—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Allegan County, MI .............................. Nonattainment .................... 1/16/2025 Serious. 

Allegan County (part): 

Casco Township, Cheshire Township, City of 

Douglas, City of Holland, City of Saugatuck, 

Clyde Township, Fillmore Township, Ganges 

Township, Heath Township, Laketown Township, Lee Township, Manilus Township, 

Overisel Township, Saugatuck Township, 

and Valley Township. 

Berrien County, MI: .............................. Nonattainment .................... 1/16/2025 Serious. 

Berrien County. 

*******

Muskegon County, MI Nonattainment .................... 1/16/2025 Serious. 

Muskegon County (part): 

Blue Lake Township, City of Montague, City of 

Muskegon, City of Muskegon Heights, City of 

North Muskegon, City of Roosevelt Park, City 

of Whitehall, Dalton Township, (incl. Village 

of Lakewood Club), Fruitland Township, 

Fruitport Township, (incl. Village of Fruitport), 

Laketon Township, Montague Township, 

Muskegon Township, Norton Shores Township, White River Township, and Whitehall 

Township. 

*******

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

* * * * * 

■ 5. Section 81.336 is amended in the 

table for ‘‘Ohio—2015 8-Hour Ozone 

NAAQS [Primary and Secondary]’’ by 

revising the entry for ‘‘Cleveland, OH’’ 

to read as follows: 

§ 81.336 Ohio. 

* * * * * 


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OHIO—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

*******

Cleveland, OH .............................. Nonattainment .................... 1/16/2025 Serious. 

Cuyahoga County. 

Geauga County. 

Lake County. 

Lorain County. 

Medina County. 

Portage County. 

Summit County. 

*******

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

* * * * * 

■ 6. Section 81.350 is amended in the 

table for ‘‘Wisconsin—2015 8-Hour 

Ozone NAAQS [Primary and 

Secondary]’’ by revising the entries for 

‘‘Chicago IL-IN-WI’’, ‘‘Milwaukee, WI’’, 

and ‘‘Sheboygan County, WI’’ to read as 

follows: 

§ 81.350 Wisconsin. 

* * * * * 

WISCONSIN—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Chicago, IL-IN-WI ............................................................. 5 7/14/2021 Nonattainment .................... 1/16/2025 Serious. 

Kenosha County (part): 

The portion of Kenosha County bounded by the 

Lake Michigan shoreline on the East, the Kenosha County boundary on the North, the 

Kenosha County boundary on the South, and 

the I–94 corridor (including the entire corridor) on the West. 

* * * * * * * 

Milwaukee, WI .................................................................. 5 7/14/2021 Nonattainment .................... 1/16/2025 Serious. 

Milwaukee County. 

Ozaukee County. 

Racine County (part): 

Inclusive and east of the following roadways 

going from the northern county boundary to 

the southern county boundary: Highway 45 

to Washington Ave. to South Beaumont Ave. 

Washington County (part): 

Inclusive and east of the following roadways 

going from the northern county boundary to 

the southern county boundary: County H to 

N Main St/Old US Hwy 45 to WI–60 Trunk E 

to WI–164 S. 

Waukesha County (part): 

Going from the western county boundary to the 

southern county boundary: Inclusive and 

north of I–94 and inclusive and east of Highway 67. 

Sheboygan County, WI .................................................... 5 7/14/2021 Nonattainment .................... 1/16/2025 Serious. 

Sheboygan County (part): 


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WISCONSIN—2015 8-HOUR OZONE NAAQS—Continued 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Inclusive and east of the following roadways 

with the boundary starting from north to 

south: Union Road which turns into County 

Road Y which turns into Highland Drive, to 

Lower Road which turns into Monroe Street, 

to Broadway/Main Street to Highway 32 

which turns into Giddings Avenue to County 

Road W to County Road KW. 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

5EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, 

but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, 

the associated implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless 

of this later designation date. 

* * * * * 

[FR Doc. 2024–29137 Filed 12–16–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R03–OAR–2023–0419; FRL–11736– 

02–R3] 

Redesignation of Portions of 

Westmoreland and Cambria Counties, 

Pennsylvania for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (the EPA or the Agency) is 

finalizing the redesignation of portions 

of Cambria County and Westmoreland 

County, Pennsylvania, to 

‘‘nonattainment’’ for the 2010 1-hour 

primary sulfur dioxide (SO2) national 

ambient air quality standard (NAAQS or 

standard). Westmoreland County was 

previously designated ‘‘attainment/ 

unclassifiable,’’ and Cambria County 

was designated ‘‘unclassifiable.’’ The 

EPA notified the Commonwealth of 

Pennsylvania of its intended 

redesignation of portions of Cambria 

and Westmoreland counties on February 

17, 2023, and published a Notice of 

Availability (NOA) for this action on 

February 12, 2024. The EPA’s 

redesignation of portions of these 

counties is based on modeled violations 

of the 2010 1-hour primary SO2

NAAQS. 

DATES: This final rule is effective on 

January 16, 2025. 

ADDRESSES: The EPA has established a 

docket for this redesignation under 

Docket ID Number EPA–R03–OAR– 

2023–0419. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through www.regulations.gov, 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

availability information. 

The EPA has established a website for 

the designations for the 2010 SO2

NAAQS at www.epa.gov/sulfur-dioxidedesignations/sulfurdioxidedesignations-regulatory-actions. This 

final redesignation action, associated 

technical support documents, and other 

related information will be added to this 

website. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F. Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (215) 814–5787. Ms. Schmitt 

can also be reached via electronic mail 

at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the EPA’s 

Final Action 

The EPA is required by Clean Air Act 

(CAA) section 107(d) to designate all 

areas throughout the nation as attaining 

or not attaining the NAAQS within two 

years of the promulgation of any new or 

revised NAAQS. Pursuant to CAA 

section 107(d), the EPA must designate 

as ‘‘nonattainment’’ those areas that 

violate the NAAQS and those nearby 

areas that contribute to violations. Once 

an area has been designated, the EPA 

Administrator, under CAA section 

107(d)(3), may at any time notify a state 

that a designation should be revised. 

Under section 109 of the CAA, the 

EPA has established primary and 

secondary NAAQS for certain pervasive 

air pollutants and conducts periodic 

reviews of the NAAQS to determine 

whether they should be revised or 

whether new NAAQS should be 

established. The primary NAAQS 

represent ambient air quality standards, 

the attainment and maintenance of 

which the EPA has determined, 

including a margin of safety, are 

requisite to protect the public health. 

The secondary NAAQS represent 

ambient air quality standards, the 

attainment and maintenance of which 

the EPA has determined are requisite to 

protect the public welfare from any 

known or anticipated adverse effects 

associated with the presence of such air 

pollutant in the ambient air. 

On June 22, 2010 (75 FR 35520), the 

EPA finalized the revision of the 1-hour 

primary SO2 NAAQS, codified at 40 

Code of Federal Regulations (CFR) 

50.17, which became effective on 

August 23, 2010 (hereafter referred to as 

the 2010 SO2 NAAQS). The 2010 SO2

NAAQS is met at an ambient air quality 


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