State of Maryland Sues EPA for Refusing to Control Upwind NOx Emissions

BALTIMORE, MD (October 15, 2018) – Maryland Attorney General Brian E. Frosh today announced that the State of Maryland has sought judicial review, in the United States Court of Appeals for the D.C. Circuit, of the Environmental Protection Agency’s decision to deny Maryland’s petition for relief under Section 126 of the Clean Air Act. The petition had asked EPA to impose additional controls on upwind emissions of nitrogen oxides (NOx), which are a precursor to the ozone that plagues Maryland when the weather is warm.

“EPA’s decision to deny our petition gives a green light to out-of-state power plants to continue sending their pollution downwind to Maryland. Maryland strictly controls NOx emissions within its own boundaries, but other states need to do their part to keep ozone levels down,” said Attorney General Frosh. “Requiring power plants to implement common sense standards to reduce harmful emissions is the responsibility of EPA. Today, with the Maryland Department of the Environment, we are appealing EPA’s decision to the U.S. Court of Appeals for the D.C. Circuit to protect Marylanders from the negative health consequences of other states’ pollution.”

In November 2016, Maryland filed a petition under Section 126 of the Clean Air Act. The petition requested that EPA require specified out-of-state power plants to run their alreadyinstalled pollution control equipment in order to reduce emissions of NOx, which contribute to ground-level ozone problems downwind in Maryland in violation of the Clean Air Act’s “good neighbor” provision. The petition argued that 36 power plants in five upwind states emit pollution that contributes to poor air quality in Maryland, and that these power plants have failed to optimize and consistently operate the pollution controls that they already have installed.

In September 2018, EPA announced a final agency decision denying Maryland’s petition for relief. EPA published that decision in the Federal Register on October 5, 2018.

The Southern Maryland Chronicle is a local, small business entrusted to provide factual, unbiased reporting to the Southern Maryland Community. While we look to local businesses for advertising, we hope to keep that cost as low as possible in order to attract even the smallest of local businesses and help them get out to the public. We must also be able to pay employees(part-time and full-time), along with equipment, and website related things. We never want to make the Chronicle a “pay-wall” style news site.

To that end, we are looking to the community to offer donations. Whether it’s a one-time donation or you set up a reoccurring monthly donation. It is all appreciated. All donations at this time will be going to furthering the Chronicle through hiring individuals that have the same goals of providing fair, and unbiased news to the community. For now, donations will be going to a business PayPal account I have set-up for the Southern Maryland Chronicle, KDC Designs. All business transactions currently occur within this PayPal account. If you have any questions regarding this you can email me at

Thank you for all of your support and I hope to continue bringing Southern Maryland the best news possible for a very long time. — David M. Higgins II

© 2019 The Southern Maryland Chronicle. All Rights Reserved. This website is not intended for users located within the European Economic Area.