TRENTON, NJ — Acting Attorney General Andrew J. Bruck announced July 29 that the U.S. Environmental Protection Agency has agreed to take action on air pollution reduction plans submitted by certain “upwind” states as part of a settlement reached between EPA and “downwind” states New Jersey, New York, Connecticut, Delaware and Massachusetts, as well as New York City. The action resolves a lawsuit brought by the states and city earlier this year against the Trump administration’s EPA over its alleged failure to fulfill its responsibility under the federal Clean Air Act to ensure the control of upwind sources of smog-forming pollution.
The lawsuit alleged that the unchecked pollution from upwind states creates an ongoing threat to the health of residents in New Jersey and the other downwind states, and makes it more difficult for the downwind states to meet federal air quality standards.
Under the July 29 settlement, the EPA must approve or disapprove emission control plans, known as State Implementation Plans,submitted by the upwind states of Indiana, Kentucky, Michigan, Ohio, Texas and West Virginia by April 30, 2022. The EPA must finalize federal replacement plans for any SIPs it disapproves by Dec. 15, 2022.
Following a notice and comment period required by the Clean Air Act, the proposed consent decree will be sent to the U.S. District Court for approval.
“This is an important win for New Jersey, its residents and its environment,” Bruck said. “For too long, polluted air has been blowing downwind into New Jersey from other states, and today’s settlement requires the federal government to finally take action to address the harm. This is yet another victory in our fight for environmental justice in the Garden State.”
The Clean Air Act requires every state to evaluate whether its emissions of regulated pollutants “substantially contribute” to any other state’s inability to attain federal air quality standards. If so, the offending state must submit a SIP describing its efforts to reduce the effect of its emissions on other states. Under the Clean Air Act, the EPA has 12 months to approve or disapprove SIPs and must adopt a federal plan for any state whose SIP it disapproves.
“Improving air quality for all of our residents is a priority of Gov. Murphy’s administration,” N.J. Department of Environmental Protection Commissioner Shawn M. LaTourette said. “While New Jersey has consistently taken strong actions over the years to address the pollutants that cause ozone, the same cannot be said for many of the upwind states that generate these pollutants that are carried by prevailing winds to our state. Addressing ozone pollutants requires a strong federal hand.”
While the ozone layer around the planet protects Earth from harmful ultraviolet rays from the sun, ozone itself — a colorless unstable toxic gas with a pungent odor and powerful oxidizing properties — can be harmful to health. When inhaled, ozone can damage the lungs; relatively low amounts of ozone can cause chest pain, coughing, shortness of breath and throat irritation.
Ozone and smog — caused largely by nitrogen oxide emissions — can damage the lining of the lungs and lung tissue and aggravate asthma. Children and individuals with respiratory conditions are particularly susceptible. People of color and those living below the federal poverty standard disproportionately bear the consequences of ozone pollution. Even though New Jersey has some of the strictest limits on nitrogen oxide in the United States, ground-level ozone in certain parts of the state exceeds federal standards, largely due to emissions from coal-burning power plants and other pollution sources in upwind states.
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