Eighteen AGs Sent Comments Urging EPA to Strengthen its Regulation of How States Implement Emissions Standards

FEBRUARY 27, 2023

New York Attorney General Letitia James led a coalition of 18 attorneys general in submitting comments on the Environmental Protection Agency’s (EPA) proposed rule to strengthen oversight of how states implement emissions standards for existing sources of air pollution. Under Section 111(d) of the Clean Air Act, states are responsible for establishing performance standards for existing sources of certain air pollutants, but EPA may step in if a state fails to do so adequately. In 2019, EPA’s role in this process was weakened under the Affordable Clean Energy rulemaking, but the D.C. Circuit vacated those changes, leading to EPA’s 2023 proposal. In their comments, the AGs offered recommendations for how EPA could strengthen its oversight role even further, such as by requiring more stringent state performance standards and expediting the timeline for EPA’s review of those standards, among other recommendations.