On October 1, 2015, the U.S. EPA issued a final rule (RIN2060-AP38), revising the National Ambient Air Quality Standard for ozone from 75 ppb to 70 ppb (46 ER 2899, 10215). In a memorandum published simultaneously with the rule, the U.S. EPA indicated its intention to issue guidelines to assist states as they begin the process of implementing the agency’s new ozone standard.

One area that will be covered by the guidance is the issuance of permits under the new source review program, which applies to new and modified industrial facilities. Although nonattainment designations under the 2015 ozone standards will not be enforceable until October 1, 2017, state and local permitting authorities will need to consider the new standards in issuing construction permits under the new source review in order to assure compliance with the 2017 standard.

For more information on the new ozone standard or the EPA’s proposed guidance, please contact your SGR Environmental counsel.