If North Carolina is to get its ozone under control, getting
Georgia to stop causing its share of the pollution is not going to do the
trick. The U.S. Court of Appeals for the District of Columbia on Nov. 24, 2009,
dismissed a petition from North Carolina to remove the EPA's exemption for
Northern Georgia from the agency's NAAQS
for ozone.
North Carolina had been complaining that emissions from the Atlanta metropolitan area were making it impossible for the more western Carolina counties to meet federally mandated 1-hour standards. However, agreeing with Georgia an industry groups, the court dismissed the case because it said that North Carolina could not show redressability. Essentially, if Georgia had been under the EPA regulation that North Carolina wants it to be under, the defendant state would likely have qualified for compliance supplement pool (CSP) allowances, and thus would have met its minimum requirements.
North Carolina had been complaining that emissions from the Atlanta metropolitan area were making it impossible for the more western Carolina counties to meet federally mandated 1-hour standards. However, agreeing with Georgia an industry groups, the court dismissed the case because it said that North Carolina could not show redressability. Essentially, if Georgia had been under the EPA regulation that North Carolina wants it to be under, the defendant state would likely have qualified for compliance supplement pool (CSP) allowances, and thus would have met its minimum requirements.


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