The air regulatory agencies and industries of many states have been frustrated by EPA’s decision to revise its National Ambient Air Quality Standards (NAAQS) for ozone in 2015. One of the major complaints is that the 2008 ozone NAAQS are still in effect. Therefore, states now face the prospect of implementing two different ozone standards simultaneously. Much of the criticism of the NAAQS is founded in the Clean Air Act (CAA) provision that authorizes the EPA to revise the NAAQS every 5 years, “if necessary.”
 |
State agencies assert that 5 years simply do not sensibly comport with other NAAQS regulations. For example, at a recent hearing of the House Energy and Power Subcommittee, Alan Matheson, the director of Utah’s Department of Environmental Quality, pointed out that an area designated as moderate nonattainment for ozone has 8 years from the date the NAAQS is set to achieve attainment.
“At the very least, there should be eight years between NAAQS reviews to accommodate this compliance schedule,” said Matheson.