By CORAL DAVENPORT - The New York Times - Published: December 9, 2013
http://www.nytimes.com/2013/12/09/us/politics/eastern-states-press-midwest-to-improve-air.html?smid=pl-shareWASHINGTON — In a battle that pits the East Coast against the Midwest over the winds that carry dirty air from coal plants, the governors of eight Northeastern states plan to petition theEnvironmental Protection Agency on Monday to force tighter air pollution regulations on nine Rust Belt and Appalachian states.
The East Coast states, including New York and Connecticut, have for more than 15 years been subject to stricter air pollution requirements than many other parts of the country. Their governors have long criticized the Appalachian and Rust Belt states, including Ohio, Kentucky and Michigan, for their more lenient rules on pollution from coal-fired power plants, factories and tailpipes — allowing those economies to profit from cheap energy while their belched soot and smog are carried on the prevailing winds that blow across the United States.
All the governors on the petition are Democrats. Gov. Chris Christie of New Jersey, a Republican and a potential presidential candidate in 2016, has not signed it.
The petition comes the day before the Supreme Court is to hear arguments to determine the fate of a related E.P.A. regulation known as the “good neighbor” rule. The regulation, officially called the Cross-State Air Pollution Rule, would force states with coal pollution that wafts across state lines to rein in soot and smog, either by installing costly pollution control technology or by shutting the power plants.
Even if the regulation is upheld, the Eastern governors are seeking stronger constraints on pollution from the Midwest and Rust Belt states.
The Obama administration issued the “good neighbor” rule, which would apply chiefly to power plants in 27 states east of Nebraska, half of the country, in 2011, but the United States Court of Appeals for the District of Columbia Circuit struck it down, ruling that the E.P.A. had not followed the Clean Air Act when it calculated how to assign responsibility for cross-state air pollution. The rule is part of President Obama’s growing effort to use E.P.A. regulations to crack down on coal pollution.
In the case before the Supreme Court, the E.P.A. argues that the cross-state air rule, which it is required to issue under the Clean Air Act of 1990, is necessary to protect the health and environment of downwind states. The utilities and 15 states on the other side argue that the rule, as written by the Obama administration E.P.A., gives the agency too much regulatory authority and places an unfair economic burden on the states.
