Many east coast industrial states are considered by the federal Environmental Protection Agency (EPA) to be non attainment States. This means that the State's air quality is not deemed to meet federal law guidelines.

For example, New Jersey does not meet federal standards in the northeastern portion of the State -- near New York City. Portions of New York State, Pennsylvania and other States also do not measure up. But whose fault is it?

While many are quick to point to vehicular emissions as the culprit, others question whether the answer really is as close as the nearest tail pipe. Some east coast State officials allege that their bad air does not come from in-State cars, but rather from out-of-State, older factories. And on October 8 at least one State, Pennsylvania, announced that it going to Court to clear the air.

Pennsylvania has given notice of its intention to sue the EPA to require the federal government to plug these dirty stacks. Pennsylvania contends that fossil fuel burning electric generating plants and other factories located in 19 midwestern and southern States are major contributors to that State's air pollution problem . According to the 37 state Ozone Transport Group, a study group focussing on interstate air pollution, pollution originating from these 19 States is partly responsible for Pennsylvania's violations of ozone health based standards.

New Jersey health officials have been heard to make the same claims in recent years. Some New Jersey officials have asserted that these out- of- State emissions are a much larger problem than that caused by in-State automobile traffic.

New Jersey does have a fairly comprehensive auto inspection system that requires vehicle owners to maintain their cars, including pollution equipment, in working order. Likewise, this month Pennsylvania introduced an enhanced vehicle inspection program in 25 counties. This program is scheduled to be expanded in 1999.

Pennsylvania will seek to require the EPA to set emissions limits for these out -of- State plants. Court Rules require that Pennsylvania wait 60 days after filing its notice of intent to sue before a law suit may be filed against the United States.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.