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MD Appeals EPA Upwind Power Plant Emissions Decision

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ANNAPOLIS, Md. (AP) - Maryland's attorney general says the state will appeal the U.S. Environmental Protection Agency's decision to deny the state's efforts to reduce emissions from 36 power plants in five upwind states.

Brian Frosh said Monday he plans to appeal the EPA decision to the U.S. Court of Appeals for the District of Columbia Circuit.

The EPA signed a final agency decision denying Maryland's petition for relief under the Clean Air Act late Friday.

The Maryland petition was filed in December 2016. It asked EPA to require the facilities to run pollution-control equipment that is already installed to reduce emissions of ozone-forming nitrogen dioxide.

Maryland contends the power plants are violating the "good neighbor" provision of the Clean Air Act. The power plants are in Indiana, Kentucky, Ohio, Pennsylvania and West Virginia.

Delaware Reviews Decision

DOVER, Del. (AP) - Delaware officials are reviewing their options after the Environmental Protection Agency said it won't act to force power plants in other states to reduce emissions blamed for Delaware air pollution.

The EPA late last week denied four petitions submitted by Delaware and one from Maryland. The petitions requested reductions in emissions of ozone-forming nitrogen dioxide from specific power plants in upwind states including Pennsylvania and West Virginia.

The EPA concluded that existing programs can address the concerns of Delaware and Maryland.

State officials say more than 90 percent of the ozone in Delaware originates from emissions in upwind states. They say the EPA may not be interpreting available data properly and is not implementing the Clean Air Act's Good Neighbor provisions as they were intended.

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.