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Downwind states sue EPA over approval of Kentucky and Tennessee ozone plans

May 8, 2013

Connecticut, Delaware, and Maryland have sued the Environmental Protection Agency over its approval of state implementation plans for Kentucky and Tennessee for meeting EPA’s 2008 8-hour ozone national ambient air quality standards. The Kentucky and Tennessee plans do not adequately prevent ozone pollution from blowing into downwind states, Connecticut, Delaware and Maryland said in two lawsuits filed May 2 in the U.S. Court of Appeals for the Sixth Circuit.

The two state plans lack the "good neighbor" provision required under Section 110(a)(2)(D) of the Clean Air Act, the three states allege. That provision requires a state plan to ensure that air pollution from the state does not "contribute significantly to nonattainment" of air quality standards in downwind states. 


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