Maryland To Sue EPA Under Clean Air Act

Maryland plans to sue the Environmental Protection Agency for failing to take action on emissions from power plants in other states.

Environment Secretary Ben Grumbles sent a letter Thursday to EBA Administrator Scott Pruitt stating intent to sue the agency under the Clean Air Act. Gov. Larry Hogan, Attorney General Brian Frosh and U.S. Attorney General Jeff Sessions were copied on the letter.

In November, the state petitioned the EPA to take action against 36 power plants upwind from Maryland in Indiana, Kentucky, Ohio, Pennsylvania and West Virginia. All were emitting nitrogen oxides in violation of federal law. The emissions hurt Maryland's ability to reach air quality standards, Grumbles claims.

Federal law requires the EPA to respond within 60 days. The EPA gave itself a six-month extension on Jan. 3. That extension ran out Saturday. Grumbles said the EPA has not taken action on the petition, nor has the agency set a public hearing.

The Chesapeake Bay Foundation, a conservation group, indicated it also planned to sue the EPA over the issue. The foundation noted that the state had forecast a Code Red Air Quality Alert on Thursday for Baltimore.

"We join and wholeheartedly support Maryland in its effort to protect the health of its residents and the Chesapeake Bay against upwind, out-of-state power plants which choose to make higher profits rather than turn on their pollution controls during hot summer months," said Jon Mueller, vice president of litigation at the foundation.

Mueller said 19 upwind power plants have installed pollution controls, but they often decide not to turn on the technology.

About 70 percent of Maryland's ozone problem comes from upwind plants, Mueller added.

"Maryland power companies have taken responsibility for proper pollution controls at their plants, and air quality has improved significantly in the state in the past 10 years," Mueller said. "Now upwind power plants in Pennsylvania, Ohio, Kentucky, Indiana and West Virginia need to put human health above profits."