5 Sep 2025

🌬️EPA Withdraws Nonattainment Designation for Texas Areas

Withdrawals of Findings of Failure To Submit State Implementation Plan and Finding of Failure To Attain for the Rusk and Panola Counties, Texas 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard Area

Summary

On May 16, 2025, the United States Court of Appeals for the Fifth Circuit (the Court) granted petitions for review of the EPA's nonattainment area designation for the Rusk and Panola Counties area, Texas for the 2010 SO<INF>2</INF> National Ambient Air Quality Standard (NAAQS). Accordingly, that nonattainment designation for the area has been vacated. The vacatur of the nonattainment designation necessarily requires the withdrawal of two contingent actions since the underlying designation is no longer valid: EPA's finding of failure to submit an attainment plan (FFS) issued on August 10, 2020, and EPA's finding of failure to attain the NAAQS by the attainment date (FFA) issued on December 17, 2024. The EPA is withdrawing these two final actions in accordance with the court's decision and finds that any requirements deriving from either the FFS or the FFA are no longer applicable.

Agencies

  • Environmental Protection Agency

Business Impact ?

$$$ - High

The withdrawal of findings related to the failure of Texas to submit an achievement plan and to attain air quality standards has direct implications for compliance and regulatory requirements for businesses in the area. This action alleviates potential sanctions and regulatory burdens that could impact various industries, especially those linked to emissions and air quality.

< >