On September 22, 2011, the EPA announced that
it was moving forward to implement the 2008 ozone standard, starting
with the recommendations the states made in 2009 and updating
them with the most current, certified air quality data. The Agency
anticipates issuing proposed changes to the states' recommendations
later this fall. EPA indicates that it will quickly initiate
and complete a rulemaking to establish nonattainment area classification
thresholds so that it can finalize the designations. Based on
initial review of the 2008-2010 ozone air quality data, 52 areas
that monitor air quality exceed the 0.075 ppm standard. EPA expects
to finalize the nonattainment designations for the 2008 ozone
standard by mid-2012. However, EPA notes that it faces litigation
with respect to the timing of the designations and expects that
the resolution of the litigation may well affect the precise
timing of the schedule for designations.