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States Punishing Citizens for Foreign Pollution Impacts Against Directions of Congress and EPA

April 30, 2012

Dear States:

Why are you continuing to punish your own citizens for foreign pollution impacts when Congress and EPA told you that you shouldn’t be responsible for this pollution?

Congress and EPA said that you should not make your own citizens responsible for offsetting foreign pollution impacts—yet you unknowingly, and now knowingly, are doing just that:

  •  Congress said . . . “A SIP shall be approved if “the submitting State establishes to the satisfaction of [EPA] that the implementation plan of such State would be adequate to attain [the NAAQS] . . . but for emissions emanating from outside the United States.”  (42 USC § 7509a).
  • EPA said . . . “Congress clearly wanted to avoid penalizing such areas by not making them responsible for control of emissions emanating from a foreign country over which they have no jurisdiction.”  (http://www.epa.gov/ttncaaa1/t1/fr_notices/pm-add.pdf)

Please States . . . stop penalizing your own citizens against the directions of Congress and EPA.  And more than anything, let’s just address this problem at its root.  The world is changing.  We must change with it.  Time to transform the SIP process.  We can make it happen.

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