Interstate Air Pollution Governance in the United States: Exploring Clean Air Act Section 126

Area of Science:

• Environmental Law
• Public Health
• Air Quality Management

Background:

• Air pollution is a major global health crisis, causing millions of premature deaths annually.
• Interstate air pollution significantly contributes to premature deaths in the United States.
• Section 126 of the Clean Air Act provides a mechanism for addressing interstate air pollution.

Purpose of the Study:

• To analyze the effectiveness and challenges of Section 126 petitions under the Clean Air Act.
• To examine critical factors in Section 126 petitions from 2000-2022, including case length, evidence, and outcomes.
• To identify specific issues within the petition process that impact downwind states.

Main Methods:

• Comparative case analysis of Section 126 petitions submitted between 2000 and 2022.
• Compilation and assessment of case length, evidence utilized, and case outcomes.
• Examination of modeling techniques employed by downwind states.

Main Results:

• The process often uses cost as a proxy for significance, which is problematic.
• Downwind states face an excessive and unclear burden of proof, exacerbated by complex modeling requirements.
• Lengthy response times and infrequent formal acceptance of petitions by the Environmental Protection Agency (EPA) are significant issues.

Conclusions:

• The Section 126 petition process presents substantial barriers, increasing cost, complexity, and unpredictability.
• Addressing interstate air pollution through Section 126 requires procedural improvements for greater effectiveness.
• Policy and regulatory enhancements are needed to streamline the process and ensure timely action on air pollution.