The appropriate use of Clean Air Act mechanisms to address interstate air pollution concerns

Conference · Thu Dec 31 04:00:00 EST 1998

OSTI ID:361994

Field, A B; Fichthorn, N W ^[1]

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1. Hunton and Williams, Washington, DC (United States)

There are several mechanisms under the Clean Air Act which can be used to address different types of interstate air pollution concerns. EPA and some of the Northeast States are now trying to use two of those mechanisms to address ozone air quality problems that they believe are caused (or significantly contributed to) by transported regional ozone pollution from sources in the Midwest and Southeast. Specifically, eight of the Northeast States are using the Clean Air Act`s {section} 126(b) petition process to force reductions in NO{sub x} emissions from sources in the Midwest and Southeast, while EPA is moving forward to address interstate ozone pollution concerns through the use of the so-called SIP call notice process under {section} 110(k)(5) of the Act. This paper examines the legal basis for using either of these statutory mechanisms for addressing interstate ozone pollution concerns. In particular, it evaluates the changes that Congress made in 1990 to the Clean Air Act`s ozone and interstate transport of pollution provisions. It then looks at how EPA and the Northeast states are trying to use both the {section} 126(b) petition process and the {section} 110(k)(5) SIP call process to effectuate the regional ozone reduction programs that they support. And, finally, it questions whether -- in light of statutory changes made in 1990 -- EPA and the petitioning Northeast states are justified in so proceeding.

• OSTI ID: 361994
• Report Number(s): CONF-980632--
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
54 ENVIRONMENTAL SCIENCES
AIR POLLUTION
AIR POLLUTION ABATEMENT
CLEAN AIR ACTS
ENFORCEMENT
ENVIRONMENTAL TRANSPORT
LEGAL ASPECTS
NITROGEN OXIDES
OZONE