An attempt by the U.S. Environmental Protection Agency to reclassify southeastern Wisconsin as a “serious nonattainment zone” has been paused following a court ruling.
On Sept. 5, the U.S. Court of Appeals for the Seventh Circuit granted a stay to the EPA’s reclassification.
This essentially pauses implementation of stricter air quality regulations for businesses in Milwaukee, Ozaukee, Washington, Waukesha, Racine, Sheboygan and Kenosha counties.
“This is a critical and welcome step toward protecting the economic vitality of southeastern Wisconsin,” said Dale Kooyenga, president of the Metropolitan Milwaukee Association of Commerce. “The EPA’s reclassification was based on flawed assumptions and ignored the overwhelming evidence that most of the ozone pollution in our region originates from out-of-state sources. The court’s stay allows us to pursue a more rational, science-based approach.”
At the end of 2024, the EPA announced that southeastern Wisconsin would be reclassified as a “serious nonattainment zone” on Jan. 16, 2025.
Nonattainment areas do not follow national ambient air quality standards (NAAQS) and have more restrictive permitting requirements. There are five levels of nonattainment: marginal, moderate, serious, severe and extreme.
The EPA initially designated nonattainment areas in Wisconsin in April 2018. Those areas were revised and expanded by the EPA in June 2021.
Immediately after learning of the reclassification, local business organizations including MMAC criticized the change, saying local companies would likely need to spend large amounts of money to implement technology to further reduce emissions.
Local leaders also criticized the fact that most of the emissions measured in Wisconsin come from outside the state.
The EPA estimates Wisconsin contributes 10% of the ozone measured in the state’s nonattainment areas, while emissions from Illinois contribute 22% and those from Indiana contribute 13%.
The Wisconsin Department of Natural Resources (DNR), along with a coalition of business and civic leaders, filed a petition for review, arguing that the rule unfairly penalized Wisconsin businesses for pollution largely generated in Illinois and Indiana.
“The federal court’s order will provide badly-needed relief to employers who face crushing and job-killing ozone regulations because of pollution they did not create,” said Scott Manley, executive vice president of government relations for Wisconsin Manufacturers & Commerce. “Data from both the DNR and EPA indicate that the vast majority of ozone pollution in eastern Wisconsin is caused by emissions originating from outside our state borders. It’s unfair to punish Wisconsin businesses for pollution they didn’t create, and today’s order is the first step toward righting this wrong.”
A status report for the case is expected to be filed by Oct. 6. The EPA’s reclassification will continue to be paused until this time, according to the Sept. 5 court order.
