EPA To Ease Burden On States Regarding International Air Pollution

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EPA To Ease Burden On States Regarding International Air Pollution

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U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced during a visit to Utah Monday that the agency is rescinding guidance that placed significant burdens on states attempting to address air pollution originating from other countries.

The EPA is rescinding its “Guidance on the Preparation of Clean Air Act Section (CAA) 179B Demonstrations for Nonattainment Areas Affected by International Transport of Emissions.”

This previous guidance was criticized for making it overly difficult for states to prove that foreign air pollution was negatively impacting air quality within their borders.

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Administrator Zeldin stated, “Americans should not be harmed by other countries that do not have the same environmental standards we have in the United States. Today’s announcement is a step in the right direction. Not only are we eliminating cumbersome red tape that placed excessive burden on states to prove emissions were from an international source, but we are also helping states across our nation prosper while ensuring they continue to provide clean air for their residents.”

The EPA intends to collaborate with state and local air agencies to develop the necessary evidence for granting regulatory relief under CAA Section 179b. This section of the Clean Air Act allows for regulatory relief when an area would have met National Ambient Air Quality Standards if not for pollution transported from other countries.

This announcement follows Administrator Zeldin’s trip to Arizona two weeks prior, where state officials and business leaders expressed the challenges they face due to international air pollution. The EPA’s action acknowledges the significant concerns raised by Arizona and other states. To prevent further confusion, the rescinded guidance has been removed from the EPA’s website.

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In addition, on March 5, 2025, the EPA agreed to reconsider its determination that the Northern Wasatch Front, Utah, area did not attain the 2015 Ozone National Ambient Air Quality Standards in a timely manner, and the resulting reclassification of the area. This reconsideration will include a review of Utah’s evidence regarding the impact of international air emissions. The EPA will carefully reassess its previous decision and the influence of international emissions before finalizing its reconsideration.

Administrator Zeldin emphasized the EPA’s commitment to cooperative federalism under his leadership and the agency’s intent to work with states to help them meet their environmental responsibilities. This effort is part of his “Powering the Great American Comeback” initiative.

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