MMAC leader says effort to address EPA ozone reclassification ‘going well’ 

MMAC President Dale Kooyenga says efforts to address the impacts of an air quality classification change for southeastern Wisconsin are “going well” as legislation to change federal law is in the works. 

In an interview last week, the former Republican lawmaker discussed the EPA’s recent move to change a regional ozone nonattainment classification from “moderate” to “serious,” which establishes tougher emissions requirements for local industry. MMAC and other stakeholders are taking a multi-pronged approach to combat the change, arguing the region being bumped to the higher level is mainly due to emissions coming from other states. 

Andrew Davis, the Metropolitan Milwaukee Association of Commerce’s vice president of governmental affairs, has been frequently traveling to Washington D.C. to inform legislators about the issue, Kooyenga said. MMAC has also brought on law firm Michael Best for its lobbying effort, and is working with Wisconsin lawmakers whose districts would be most affected on a push to amend the Clean Air Act of 1963. 

“I think we have momentum, I mean, we’re in touch with the right people. I have served in the Army with Lee Zeldin, so I know him,” Kooyenga said, referring to President Donald Trump’s pick to lead the EPA. “We’re in contact with the right people at the executive branch level, at the legislative branch level … It’s just really, really hard to change federal law.” 

Kooyenga says specific bill language to do so isn’t yet available, but added: “I think we’ll have that shortly.” He hopes to advance the legislation this year. 

“In generalities, it would be something to the effect that said emission control efforts can be targeted at the source of emissions, and not at the location that those emissions drift into,” he said, noting much of the emissions hitting Wisconsin’s coastal sensors are drifting from places like Chicago and northern Indiana. 

GOP U.S. Rep. Bryan Steil, who represents the state’s 1st Congressional District in southeastern Wisconsin, is leading the charge on the legislation. Kooyenga said the state’s 5th CD, represented by GOP U.S. Rep. Scott Fitzgerald, is “maybe even more” impacted but added Steil and his team have already been working on this issue for some time. 

“We feel comfortable and excited that he’s the lead on this,” Kooyenga said. “He also goes to leadership, respected by leadership, and so hopefully that is helpful in resolving this as well.” 

In addition to the legislative approach, Kooyenga said “it looks like there may be processes” through which the EPA can internally review the classification change on a scientific basis. In this way, the agency could determine that “we should actually put the onus on the region that’s actually creating the issue,” he said. 

The EPA has said it will offer new guidance on this topic by fall 2026, Kooyenga noted, though he emphasized this route is more time-consuming and less than certain. 

“It’s a federal process, it’s going to take a while,” he said with a sigh. “I mean, it looks like they’re looking at the science and making scientific decisions on this, in addition to looking at the law. So, you know, we appreciate that. It has to be done right so it’s long-lasting.” 

Meanwhile, the EPA classification change is already having a dampening effect on business investment in the region. 

Kooyenga previously said a large deal that would have brought hundreds of jobs and hundreds of millions of dollars to the region fell through due to the change. When asked for more details, he said a non-disclosure agreement prevents him from sharing the name of the company, but did provide some general information on the lost opportunity. 

“Ironically, it was in the clean energy industry and was foreign direct investment,” he said. “So it would have strengthened America’s ability to manufacture clean energy alternatives, and ironically, this provision had that conversation cease … that’s why we have such an urgency to take care of these matters.” 

See earlier coverage of this issue.