EPA Denies State Request To Expand Ozone Transport Regions

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