Administrator Zeldin Moves Forward with Ensuring U.S. States Are Not Punished for Foreign Air
This Decision Benefits Many States That Have Been Asking for this Action, Including Utah and Arizona
SALT LAKE CITY – While in Utah, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced today that the agency is rescinding Guidance on the Preparation of Clean Air Act Section (CAA) 179B Demonstrations for Nonattainment Areas Affected by International Transport of Emissions.
This guidance made it unnecessarily difficult for states to demonstrate that foreign air pollution is harming Americans within their borders. Following the rescission of the guidance, EPA intends to work with state and local air agencies to develop the evidence necessary to grant regulatory relief under CAA Section 179b.
“Americans should not be harmed by other countries that do not have the same environmental standards we have in the United States,” said Administrator Zeldin. “Today’s announcement is a step in the right direction. Not only are we eliminating cumbersome red tape that placed excessive burden on states to prove emissions were from an international source, but we are also helping states across our nation prosper while ensuring they continue to provide clean air for their residents.”
States should not be penalized for air pollution beyond their control, including pollution crossing international borders into the United States. The CAA provides regulatory relief when an area would have attained a National Ambient Air Quality Standard but for international transport of emissions.
This announcement follows Administrator Zeldin’s trip to Arizona two weeks ago, where elected officials and business leaders shared this problem as one of their highest priorities. This action acknowledges the significant challenges identified by Arizona and other states. To avoid confusion, the agency has also removed it from its website.
Additionally, on March 5, 2025, EPA agreed to reconsider its determination that the Northern Wasatch Front, Utah, area failed to attain the 2015 Ozone National Ambient Air Quality Standards in a timely manner and the resulting reclassification of the area from Moderate to Serious nonattainment. This will include a review of Utah’s demonstration of impacts from international air emissions. EPA will carefully reconsider its earlier decision and assess the impact of international emissions before completing its reconsideration.
Under Administrator Zeldin’s leadership and his Powering the Great American Comeback initiative, EPA is committed to cooperative federalism and looks forward to continuing to work with states to ensure they meet their statutory obligations.