EPA has denied a petition submitted by the state of New York under section 126(b) of the Clean Air Act. The petition asks EPA to determine that approximately 350 identified sources in Illinois, Indiana, Kentucky, Maryland, Michigan, Ohio, Pennsylvania, Virginia and West Virginia emit air pollutants that significantly contribute to problems with attaining and maintaining the 2008 and 2015 ozone national ambient air quality standards in parts of New York. The Agency has concluded that New York has not met its burden to demonstrate that the named sources emit or would emit ozone forming pollutants at levels that violate the Clean Air Act’s good neighbor provision for the 2008 and 2015 ozone standards. The petition did not adequately identify additional available controls that could be cost-effectively applied at the identified sources. In addition, for all but the 2015 standards in New York City area, the petition did not identify (nor did EPA independently identify) relevant air quality problems.   

Read a pre-publication version of the final action and a summary fact sheet below.  Links to EPA's proposed action and other related actions and documents also are available below. 

5/20/2019 - Proposed Response to Clean Air Act Section 126(b) Petition From New York

5/11/2018 - Notice for Extension of Deadline for Action on the March 12, 2018 Section 126 Petition from New York

• Final Action Response to Clean Air Act Section 126(b) Petition From New York.pdf (PDF)(171 pp, 891 K, 09/20/2019)
• Fact Sheet: Final Response to Clean Air Act Section 126(b) Petition from New York (PDF)(3 pp, 125 K, 09/20/2019)
• Fact Sheet: Proposed Response to Clean Air Action Section 126(b) Petition from New York (PDF)(3 pp, 160 K)
• Fact Sheet: Notice for Extension of Deadline for Action on the March 12, 2018 Section 126 Petition from New York (PDF)(1 pg, 21 K)
• Preliminary Speakers List: Public Hearing on Proposed Response to New York 126(b) Petition (PDF)(1 pg, 79 K, June 11, 2019)