Statement for the Record on the U.S. Environmental Protection Agency’s proposed Response to Clean Air Act Section 126(b) Petition from New York

June 10, 2019

My name is Dan Byers, and I am Vice President for Policy at the Global Energy Institute, an affiliate of the U.S. Chamber of Commerce (“Chamber”). The Chamber is the world’s largest business federation, representing the interests of more than three million businesses and organizations of every size, sector and region.

The mission of the Global Energy Institute is to unify policymakers, regulators, business leaders, and the American public behind a common sense energy strategy to help keep America secure, prosperous, and clean. The Chamber appreciates the opportunity to testify today in support of the Environmental Protection Agency’s (“EPA”) proposal to deny New York’s Section 126 petition of March 2018, as it pertains to interstate transport of ozone.

The authorities granted to EPA by Congress under Sections 110 and 126 of the Clean Air Act to address interstate transport of emissions are important and appropriate, as is the agency’s corresponding implementation framework that has developed and evolved over the subsequent years. Put simply, ozone transported across state (and international) boundaries can comprise a significant component of ambient air concentrations in downwind areas, and the federal government and regulated industry have a responsibility to take action if and when upwind sources contribute significantly to downwind states’ inability to meet applicable air quality standards. However, as I will summarize today and we will detail in written comments for the record, we agree with EPA’s determination that New York’s petition fails to meet the agency’s well-established four-part test for evaluating so-called “good neighbor” petitions.