Ninth Circuit Sends San Joaquin Valley Ozone Plan Back to EPA
On Thursday, the U.S. Court of Appeals for the Ninth Circuit granted a petition for review of the Environmental Protection Agency (EPA) final rule approving the State of California’s plan for meeting the ozone air quality standard in the San Joaquin Valley and remanded the plan to EPA for further consideration. EPA approved the plan in 2019, which included a single contingency measure that would be activated if the plan did not achieve reasonable further progress toward meeting the ozone standard. A local environmental group, the Association of Irritated Residents (AIR), challenged the approval and argued that the single contingency measure was arbitrary and capricious because it provided for only nominal emissions reductions. (more…)
Remanded Interstate Transport Rule Sent for White House Review
On February 24, 2021, the U.S. Environmental Protection Agency (EPA) sent for White House Office of Management and Budget (OMB) prepublication review the agency’s final rule addressing “good neighbor” obligations under the 2008 national ambient air quality standards (NAAQS) for ozone. (more…)
EPA’s Proposal to Freeze Ozone National Ambient Air Quality Standards Issued in Anticipation of Criticism
On August 14, the U.S. Environmental Protection Agency (EPA) published its proposal to retain the existing ozone national ambient air quality standards (NAAQS). The proposal sets an October 1 deadline for public comment and schedules two virtual hearings, for August 31 and September 1, 2020. The current ozone NAAQS were established in 2015 and set 70 parts per billion for both primary and secondary standards.
District Court Imposes Deadline on EPA to Issue “Good Neighbor” Plans for Ozone Compliance
On July 28, Judge John Koeltl of the U.S. District Court for the Southern District of New York ordered the U.S. Environmental Protection Agency (EPA) to issue Federal Implementation Plans for the 2008 ozone National Ambient Air Quality Standards (NAAQS) that fully address the “good neighbor” obligations under the Clean Air Act by March 2021. The plans will force upwind Northeastern states (Illinois, Indiana, Michigan, Ohio, Pennsylvania, Virginia, and West Virginia) to curb air emissions that otherwise impede the ability of neighboring downwind states (New York, Connecticut, New Jersey, and Massachusetts) from meeting the statutory July 20, 2021 attainment deadline set forth in the 2008 ozone NAAQS.