Maryland AG Joins National Effort to Oppose New EPA Air Quality Standards Rule

Maryland Attorney General Anthony G. Brown has joined a coalition of state and local officials in a formal opposition to a proposed rule by the U.S. Environmental Protection Agency (EPA) that would alter the established process for obtaining air pollution permits. This initiative aims to prevent a significant rollback of air quality regulations, particularly concerning the New Source Review (NSR) permitting program, a critical component designed to control emissions from industrial facilities.

The EPA’s proposed change would permit major sources of air pollution to commence construction without first securing an NSR permit. This permit is a fundamental requirement under the Clean Air Act, ensuring that new or significantly modified industrial operations, including factories and power plants, implement modern pollution control technologies before beginning operations. The current system, in place for nearly five decades, mandates that these permits are obtained prior to any construction activity. This pre-construction review is vital for safeguarding public health and the environment.

A key concern raised by Attorney General Brown and the coalition is the potential for this proposal to undermine public participation in environmental decision-making. The NSR permitting process currently allows residents to voice concerns and ask questions regarding potential air pollution from new or expanding facilities. This opportunity for input is particularly crucial for communities that are disproportionately affected by pollution, such as lower-income areas and communities of color, which often already face significant environmental burdens. The proposed EPA rule would diminish these communities’ ability to influence decisions that directly impact the air they breathe before construction begins, potentially leading to irreversible environmental harm.

The coalition argues that the EPA’s proposed regulatory language deviates from the established legal framework of the Clean Air Act and is both arbitrary and capricious. The attorneys general contend that the Clean Air Act explicitly requires NSR permits to be secured before construction on any part of a major pollution-emitting facility or source commences. This coalition includes the attorneys general from California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. Additionally, the cities of Chicago and New York, along with the California Air Resources Board, are part of this collective effort to maintain robust air quality protections.

The implications of this proposed rule change are significant for Maryland residents. The state’s participation in this coalition underscores a commitment to preserving the existing environmental safeguards that protect public health. By opposing the EPA’s proposal, Maryland is advocating for the continued enforcement of regulations that ensure industrial growth does not come at the expense of clean air and the well-being of its citizens, especially those in vulnerable communities.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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