States updating wildfire smoke rules to match EPA’s new AQI levels – Technologist

Effective May 6, 2024, the Environmental Protection Agency (EPA) adjusted the cutoff points in its color-coded Air Quality Index (AQI), which is used as a reference for wildfire smoke rules in California, Oregon, and Washington. The EPA’s updates to the AQI change what concentrations of PM2.5 (Particulate Matter measuring 2.5 micrometers) in the air correspond to the EPA’s color-coded AQI ratings. The breakpoints are now different for some of the categories. For example, previously a concentration of up to 12.0 micrograms per cubic meter (μg/m³) of PM2.5 fell in the “Good” category of the AQI, but now the “Good” category stops at 9.0 μg/m³. Here is the current status of each state in implementing these changes:

• California: It appears that California won’t need to update its regulations (8 CCR 5141.1) because they simply refer to the EPA’s AQI levels without independently specifying PM2.5 concentrations. What this means in practice is that California employers have seamlessly transitioned to the new AQI ratings, resulting in action levels at lower PM 2.5 concentrations than were previously required.
• Oregon: Oregon’s existing regulations establish action levels according to specified concentrations of PM2.5 in the air, so the fact that those concentrations are now pegged to a different spot on the AQI chart doesn’t have any practical significance. However, because Vigilant’s Model Policy, Wildfire Smoke Program, described the action levels according to the old AQI chart, we have updated the policy with the new AQI levels. Oregon OSHA has acknowledged the EPA’s new AQI scale. The agency hasn’t changed its regulations (OAR 437-002-1081) but published a helpful chart showing the new and old AQI scales in an Oregon OSHA factsheet on wildfire smoke (revised May 2024) and a June 13, 2024, memo to Oregon OSHA staff (Wildfire Smoke and 2024 AQI Update).
• Washington: Similar to Oregon, Washington’s existing regulations establish action levels according to specified concentrations of PM2.5 in the air so the fact that those concentrations are now pegged to a different spot on the AQI chart doesn’t have any practical significance. We have updated our Model Policy with the new AQI levels. The Division of Occupational Safety and Health (DOSH) has issued a directive saying that employers can use the updated AQI levels in lieu of the AQI values listed in Washington’s wildfire smoke rules. In the meantime, the agency is working on updating its rules. DOSH filed proposed regulations on May 21, 2024, along with an explanation of the proposals. You can follow the status of DOSH’s wildfire smoke rulemaking here. Washington’s current wildfire smoke regulations are found in WAC Chapter 296-820 (general industry) and WAC 296-307-098 through 296-307-09860 (agricultural industry).

Tips: If you have employees in Oregon or Washington who could be affected by wildfire smoke, download our newly updated Model Policy, Wildfire Smoke Program, which now contains the new AQI levels that correspond to the existing PM 2.5 action levels in Oregon and Washington and customize it for your organization. Contact your Vigilant Safety Professional with any questions about compliance with wildfire smoke requirements.