In March 2018 the state of New York filed a petition with the Environmental Protection Agency (EPA) under Section 126 of the Clean Air Act, asserting that nine upwind states were interfering with New York's compliance with the 2008 and 2015 national ambient air quality standards for ground-level ozone. Although the Clean Air Act directs the EPA to respond to Section 126 petitions within 60 days, it allows the agency to extend its time to respond for six months. On 4 May 2018 the EPA issued a notice extending the deadline for the agency to respond to the state's petition until 9 November 2018, citing its authority under Section 307(d)(10) of the Clean Air Act and the agency's need for more time to consider the petition and allow for public participation in the process.

For further information on this topic please contact Samuel B Boxerman or Jim Wedeking at Sidley Austin LLP by telephone (+1 202 736 8000) or email (sboxerman@sidley.com or jwedeking@sidley.com). The Sidley Austin LLP website can be accessed at www.sidley.com.

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