Extension of Deadline for Action on the Section 126(b) Petition from New York Fact Sheet


Extension of Deadline for Action on the Section 126(b) Petition From New York

FACT SHEET

Action

•	On May 3, 2018, the Environmental Protection Agency (EPA) extended by 6 months the
deadline to respond to a petition submitted by the state of New York under section 126(b) of the
Clean Air Act.

•	The petition requests that the EPA make a finding that emissions from the collection of identified
sources in nine states (Illinois, Indiana, Kentucky, Maryland, Michigan, Ohio, Pennsylvania,
Virginia and West Virginia) significantly contribute to and interfere with maintenance of the
2008 and 2015 ozone national ambient air quality standards (NAAQS) in New York in violation
of the provisions of section 110(a)(2)(D)(i) of the CAA, also known as the "good neighbor"
provisions.

•	If EPA makes such a finding, the sources must operate in compliance with any emission limits
established by EPA.

•	EPA has begun to review the petition and supporting technical information provided by New
York but will need additional time to complete a more in-depth review, develop a proposed
remedy if necessary and provide adequate time for the public to comment prior to issuing the
final rule.

Background

•	Section 126(b) of the Clean Air Act gives a state the authority to ask EPA to set emissions limits
for specific sources of air pollution in other states that significantly contribute to nonattainment
or interfere with maintenance of one or more NAAQS in the petitioning state.

•	The Clean Air Act requires the EPA to respond to these types of petitions within 60 days of
receipt.

•	The 60-day period does not allow the EPA to complete the necessary technical review, develop
an adequate proposal, allow time for notice and comment, and hold the required public hearing
for any proposal on whether emissions from the collection of sources in the upwind states
identified in the petition contribute significantly to nonattainment or maintenance problems of
both NAAQS (2008 and 2015 ozone) in New York.

•	The Clean Air Act allows EPA to take this procedural action if the Agency determines that the
extension is necessary.

More Information

To read the final extension rule, visit https://www.epa.gov/ozone-pollution/2008-ozone-national-

ambient-air-quality-standards-naaqs-section-126-petitions.

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