A petition, which was filed by several “downwind” states to expand the region of states required to take additional steps to control emissions of ozone-forming pollutants, is likely to be denied by the EPA. Authority to impose additional pollution control measures on stationary sources of ozone, precursor pollutants comes from the Cross-State Rule which states that emissions of ozone precursors can be more stringently regulated in states where emissions are causing a downwind state to address its own emissions of ozone precursor pollutants.

The petition seeks to add the following states to the Ozone Transport Region: Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, West Virginia, and Virginia. The Clean Air Act authorizes the EPA to add more states to the Cross-State Rule to further reduce power plant emissions of ozone precursor pollutants, but the agency has stated that there are other, more effective tools available to address emissions of ozone precursors that cross state lines and affect the ability of the downwind states to meet national ozone standards. The EPA is expected to publish its decision in the Federal Register within the next few days and open the public comment period for input from concerned parties. 

For more information, please contact Phillip Hoover.