EPA Extends Deadline for Acting on Delaware’s Section 126 Petition

August 15, 2016 – EPA has announced that it is extending by six months the deadline for the agency to respond to a Section 126 petition that Delaware’ submitted on July 7, 2016.  Delaware asked EPA to find that the Brunner Island Steam Electric Station in York County, Pennsylvania, is emitting air pollutants that significantly contribute to nonattainment or interfere with maintenance of the 2008 and 2015 ozone national ambient air quality standards in Delaware.  Section 126 of the CAA allows a state to request that EPA establish emission limits for sources in other states that significantly contribute to air quality problems in the petitioning state.  The Act calls for EPA to respond to such requests within 60 days.  According to EPA’s action, the agency determined that “60 days is insufficient time to complete the technical and other analyses and public notice and comment process required for our review of a petition submitted by the state of Delaware pursuant to section 126 of the Clean Air Act (CAA).”  The new deadline is March 5, 2017.