View Rule

This proposed rule would address Clean Air Act (CAA) requirements concerning the transport of air pollution across State boundaries. It is the next step for the EPA to move forward with the States to address interstate transport with respect to the 2008 ozone National Ambient Air Quality Standards. This action will not address the particulate matter National Ambient Air Quality Standards.

Statement of Need:

Interstate transport poses significant challenges with respect to the 2008 ozone NAAQS in the eastern United States, and this ozone pollution transport presents public health and welfare concerns.

Summary of the Legal Basis:

The statutory authority for this proposed action is provided by the CAA as amended (42 U.S.C. 7401 et seq.). Specifically, sections 110 and 301 of the CAA provide the primary statutory bases for this proposal. Section 110(a)(2)(D)(i)(I), also known as the "good neighbor provision," provides the basis for this proposed action. It requires that each state SIP shall include provisions sufficient to "prohibit . . . any source or other type of emissions activity within the State from emitting any air pollutants in amounts which will - (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any [NAAQS]."

Alternatives:

Alternatives will be identified as the proposal is developed.

Anticipated Costs and Benefits:

Costs and benefits will be analyzed as the proposal is developed.

Risks:

Risks will be analyzed as the proposal is developed.