13. Environmental Protection Agency · Notable
Strip non-statutory requirements from states that reach attainment status
Printed page 424 13. Environmental Protection Agency
“Ensure that the requirements EPA puts on a state that has achieved attainment status from nonattainment status are limited to those that are statutorily required, and remove any regulatory differences between attainment and maintenance that are not explicitly required by law.”
What has happened
- Not started
EPA has kept redesignating areas to attainment under the existing requirements and has not changed those requirements. No rule or policy in this window limits what a redesignated state must do to the statutory minimum, and none removes the regulatory differences between attainment and maintenance that the Quote says the law does not require.
No action found yet. This entry is the starting point, not a finding.
Research log
What was searched, and what didn’t count as evidence
Research notes
- Negative search (2026-08-27): EPA’s final and proposed rules among the federal records we keep and search include many individual redesignations to attainment and maintenance plan approvals — Pennsylvania, Ohio, Michigan, Iowa, Kansas, California — and no rule or policy changing what EPA requires of a state once it gets there.
- The Quote asks for a general rule change, not case-by-case redesignations. EPA has done the second and not the first.
- EPA’s full regulatory agenda, searched 2026-09-01. We read EPA’s entire Unified Agenda on reginfo.gov (214 entries across the active, long-term and completed stages), because the Federal Register prints only the entries that need a Regulatory Flexibility analysis and the 2026-08-27 negatives were taken from that shortened version. Nearest entry: RIN 2060-AW81, Ozone Reclassification State Implementation Plan Rule (EPA/OAR, Proposed Rule Stage, 40 CFR 51, NPRM 07/2026): https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=2060-AW81. It reconsiders the January 2025 rule (90 FR 5651) on state-plan deadlines after reclassification and on “which lower classification requirements remain once an area is reclassified” — the same question asked about a move up the nonattainment ladder rather than about a state that has reached attainment. Subject area, not the ask’s object, so the Status is unchanged.
- Action
- rescind
- Object
- EPA requirements on states redesignated to attainment status
- ID
- 1071