EPA Excuses Utah's Ozone Fail with Blame on Foreign Pollution
Published Date: 4/30/2026
Proposed Rule
Summary
The EPA is proposing to undo a recent decision that said Utah’s Northern Wasatch Front area didn’t meet air quality rules for ozone pollution by the deadline. They now believe the area actually met the standards on time, but for pollution coming from outside the U.S. This means the area won’t be bumped up to a stricter pollution category, keeping things moderate and avoiding tougher rules and costs for local communities.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Northern Wasatch Front Keeps Moderate Status
If you live or work in Utah's Northern Wasatch Front (which includes Salt Lake City), the EPA is proposing to repeal its December 9, 2024 finding that the area failed to meet the 2015 ozone standard by the Moderate attainment date of August 3, 2024. If finalized, the area would remain classified as Moderate rather than being reclassified to Serious (the December 9, 2024 rule had taken effect January 8, 2025). That means the area would not be bumped up to the higher Serious classification under CAA section 181(b)(2).
No Contingency Measures If 179B Approved
The EPA is proposing to determine that the NWF area would have attained the 2015 ozone standard but for emissions from outside the U.S. under CAA section 179B(b). If the EPA finalizes that 179B(b) determination, contingency measures for failure to attain and Reasonable Further Progress (RFP) contingency measures tied to the August 3, 2024 Moderate attainment date would not be triggered for the NWF area.
EPA Lowers Burden for 179B Approval
The EPA proposes it will no longer require States to show they could not have attained the ozone standard by implementing on-the-books controls (for example, RACM/RACT) to obtain approval of a retrospective CAA section 179B(b) demonstration. The EPA says approval still does not relieve a State of adopting required SIP elements except contingency measures, but States would not need to demonstrate they tried all such local controls to get 179B(b) relief for the August 3, 2024 attainment date.
Wildfire Smoke Excluded from Modeling
The EPA is proposing to exclude atypical air quality data impacted by wildfire smoke from the modeling used in the 179B(b) evaluation. That modeling uses air quality data for 2021–2023 (the design value period tied to the December 31, 2023 data cut-off for the August 3, 2024 Moderate attainment date) and the standard of 0.070 ppm (70 ppb).
NAA Expanded to Include US Magnesium Facility
On January 6, 2026, the EPA approved Utah's request to expand the NWF ozone nonattainment area to add 12 townships in Tooele County and include the US Magnesium, LLC facility within the NAA boundary. If you live or operate in those added townships in Tooele County, your location is now part of the Northern Wasatch Front ozone nonattainment area.
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