On the Horizon: Expand the Ozone Transport Region?

Vol. 28 No. 2

Ms. Rubrecht is a member of Jackson Kelly PLLC and practices in the firm’s Charleston, West Virginia, office. She is a member of the editorial board of Natural Resources & Environment.

Recent letters from eight northeastern states including the District of Columbia to midwestern and southern states have raised the specter of an expanded Northeast Ozone Transport Region and Commission under sections 176A and 184 of the Clean Air Act (Act). The letters, dated May 30, 2013, were written by the Environmental Commissioners of Connecticut, Delaware, the District of Columbia, Maryland, Massachusetts, New York, Rhode Island, and Vermont and addressed to their counterparts in nine midwestern and southern states. The letters invite all or part of Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, Virginia, and West Virginia to become a member of the Ozone Transport Commission (OTC) and to work together collaboratively to address ozone transported into the Ozone Transport Region (OTR). To date, the nine midwestern and southern states have either declined or ignored the invitation to join the OTC.

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