Revised EPA 'Ambient Air' Policy Definition Spurs Fight On Legality, Scope

摘要

EPA's draft guidance narrowing its policy definition of "ambient air" is spurring a fight between environmentalist critics and industry supporters, with opponents arguing the move is unlawful and will allow facilities to evade Clean Air Act permitting requirements while its backers are urging the agency to further limit air permit mandates. The competing positions are detailed in recently filed comments obtained by Inside EPA on the agency's unsigned guidance from November that would allow regulators to consider a wider range of physical restrictions on the public from accessing private land when determining what counts as ambient air subject to regulation beyond the traditional definition of private land being behind a fence or public barrier. The revised definition would now include other "measures" that bar access by the public, likely making it easier for facilities to avoid regulation.