Pennsylvania was the 10th state to petition the District of Columbia Circuit Court of Appeals about federal changes made to the 25-year-old New Source Review (NSR) air pollution control regulations.

NSR, included within the Clean Air Act, is a program that requires newly constructed pollution sources to use the best pollution control technology. It also forces existing facilities to use the top technology when making modifications to pollution sources.

The changes, which were published Dec. 31 by the Environmental Protection Agency (EPA), give more flexibility to facilities testing emissions. Under the new regulation, it is easier for companies to avoid using the latest pollution control technology if they have already met emission standards.

Pennsylvania Department of Environmental Protection (DEP) spokesman Dennis Buterbaugh said the changes would likely increase air pollution and could unfairly penalize state facilities.

DEP filed the petition on behalf of Gov. Ed Rendell.

The 10 states filed motions in the court Thursday to halt implementation of the rule changes, since lawsuits stemming from the appeals won't be settled for months, according to a DEP press release.

"Pennsylvania gets quite a bit of imported air pollution from other states," Buterbaugh said. "We feel that some Pennsylvania businesses could actually be penalized or responsible for cleaning up air pollution they did not create."

The EPA said the changes will remove certain barriers in pollution control, as well as provide more flexibility to improve facility operations in ways that will reduce energy use and air pollution.

Buterbaugh said the effects of less stringent regulations would be felt statewide. He added that challenging the changes is in the best interest of the health of Pennsylvanians.

"Even though most facilities are in western Pennsylvania, the air pollution finds its way to State College," he said.

David Aldenderfer, DEP air quality program manager for the north-central region of Pennsylvania, which includes Centre County, said the local impact of the NSR changes have to do with ground-level ozone, the air that everyone breathes.

The new changes could potentially mean more ozone from factory or power plant emissions in the air people are breathing every day.

The ozone is made up of nitrogen oxide and volatile organic compounds, combined under sunlight. Added emissions from pollution sources like power plants and automobiles would increase the ozone.

The added ozone, which would be a long-term problem, affects not only people with breathing problems such as asthma and emphysema, but also healthy adults, according to the DEP.

The new federal NSR ozone regulations would require the state to change its regulations in order to meet federal ozone standards. Aldenderfer said it would be difficult for the state to meet the standards under the NSR changes.

State College also has its own air pollution ordinances including emissions regulations, according to the Public Works Department Web site. A registered engineer must file an application with the borough to construct any equipment that emits contaminants into open air.

Nine other states, six of which are in New England, filed a joint petition the day the NSR changes were published. Buterbaugh said Pennsylvania filed its own petition because the state is highly industrialized and has its own concerns, such as the problem of pollution drifting from other states.

"We would like our own seat at the legal table, so to speak," he said.

Multiple amendments and rule changes have been made to NSR since its 1977 inclusion in the Clean Air Act.

"[DEP] realizes it's a working progress and changes need to be made," Buterbaugh said. "But we feel these aren't the right changes, and will increase net pollution."