Current Status
On July 12 2024, the D.C. Circuit approved a Consent Decree between environmental groups and EPA which contains dates by which EPA must approve or disapprove of thirty-two state SIP revisions. EPA has begun proposing and finalizing approvals and disapprovals of SIP revisions in accordance with the Consent Decree.
Why It Matters
Congress enacted Section 169A of the Clean Air Act to decrease haze and protect visibility in national parks and wilderness areas. The primary pollutants that cause regional haze, including particulate matter, nitrogen oxides (NOx), sulfur dioxide (SO2), and volatile organic compounds (VOCs), are linked to serious health effects including premature death. Some of these pollutants also contribute to acid rain.
EPA promulgated the Regional Haze Rule in 1999, directing states to implement pollution control plans to improve visibility and air quality at national parks. States must also work toward interim, short-term progress goals, with a long-term goal of returning targeted areas to their natural visibility conditions by 2064. The rule requires that certain older polluting facilities, like power plants, adopt pollution abatement technology that is determined to be the Best Available Retrofit Technology (BART). EPA allows this technology requirement to be met through a variety of methods including installing and operating specific technology, like scrubbers; requiring that sections of the facility periodically shut down to decrease overall annual emissions, known as “seasonal curtailment;” or integrating the power plants into the interstate emissions trading program such as the Cross-State Air Pollution Rule.
Key Resources
- Regulatory Tracker: Regional Haze State Implementation Plans
Timeline
Dec. 23, 2024 EPA proposed to extend the due date for third SIP revisions from July 2028 to July 2031. Comments are open until Feb. 6, 2025.
Dec. 2024 EPA finalized partial approval and partial disapprovals of Arizona’s, Wyoming’s, Utah’s, and North Dakota’s Regional Haze SIP revisions for the second implementation period. EPA proposed to approve Florida’s Regional Haze SIP revisions and to partially approve and partially disapprove California’s Regional Haze SIP Revisions for the second implementation period.
Nov. 2024 EPA finalized its approval of Georgia’s, Wisconsin’s, and New Hampshire’s Regional Haze SIP Revisions for the second implementation period and finalized rules partially approving and partially disapproving North Carolina’s and Texas’ Regional Haze SIP Revisions.
Oct. 2024 EPA finalized its approval of Delaware’s and Oregon’s Regional Haze SIP revisions for the second implementation period. EPA proposed to partially approve and partially disapprove Texas’ SIP revisions for the second implementation period.
Sep. 2024 EPA finalized its approval of Connecticut’s Regional Haze SIP revisions for the second implementation period.
Aug. 2024 EPA proposed to partially approve and partially disapprove Wyoming’s, Utah’s, and Wisconsin’s Regional Haze SIP revisions for the second implementation period (EPA alternatively proposed to approve Wisconsin’s SIP in full if one coal-fired boiler is retired). EPA also proposed to approve Delaware’s SIP revisions, certain portions of North Dakota’s SIP revisions, and to approve in part and conditionally approve in part North Carolina’s SIP revisions. EPA finalized its disapproval of revisions to Kansas’ Regional Haze SIP revisions and finalized its approval of New York’s Regional Haze SIP revisions for the second implementation period.
July 12, 2024 The District Court for the District of Columbia approved a Consent Decree between environmental groups and EPA. The Consent Decree contains dates by which EPA agrees to approve or disapprove thirty-two state SIPs. Sierra Club v. EPA, Docket No. 1:23-cv-01744-JDB (July 12, 2024).
July 8, 2024 EPA approved Massachusetts’ Regional Haze SIP revisions for the second implementation period.
July 12, 2024 The District Court approved the consent decree between EPA and Sierra Club, and dismissed all pending motions by intervenors as moot. The consent decree set new timelines for EPA to review and approve or disapprove the Regional Haze Rule State Implementation Plans for each state. Docket 23-cv-01744 (D.D.C. June 15, 2023).
Jan. 8, 2024 The D.C. District Court granted the North Dakota Attorney General’s motion to intervene as defendant and Pacificorp, a power company, to intervene as plaintiff. North Dakota hopes to avoid a settlement that might affect approval requirements for its SIP. Docket 23-cv-01744 (D.D.C. June 15, 2023).
Nov. 10, 2023 Environmental groups amend their complaint in Sierra Club, et al. v. EPA, to expand suit to include additional states’ SIPs. Docket 23-cv-01744 (D.D.C. June 15, 2023).
Aug. 25, 2023 EPA proposed to approve Maryland’s Regional Haze SIPsubmitted in February 2022. Maryland is not one of the eight states whose SIPs are of concern in the Sierra Club suit filed earlier in 2023.
July 26, 2023 EPA proposed to disapprove portions of the Texas and Oklahoma Regional Haze SIPs that it previously disapproved of in 2016. EPA’s previous disapproval was subject to litigation.
June 15, 2023 Environmental groups filed a lawsuit against EPA for failing to approve or disapprove the SIPs submitted by eight states. Sierra Club, et al. v. EPA, Docket 23-cv-01744 (D.D.C. June 15, 2023).
May 4, 2023 EPA proposed to affirm the continued validity of the Cross-State Air Pollution Rule (CSAPR) trading programs as an alternative for Best Available Retrofit Technology (BART). In doing so, EPA denies a petition for partial reconsideration submitted by environmental groups who objected to CSAPR as a BART alternative. At the same time EPA also proposed a rule to reduce sulfur emissions at six Texas facilities and disapprove of a portion of the Texas Regional Haze SIP that was originally submitted in 2009.
March 28, 2023 A coalition of environmental groups led by the Sierra Club file a notice of intent to sue EPA for its failure to take final action on SIP revisions submitted by eight states within one year of the SIP being deemed complete. Deadlines for EPA to take final action by approving or disapproving the states’ SIPs ranged between November 2021 and February 2023.
Aug. 30, 2022 EPA publishes its “findings of failure to submit” regional haze SIPs for fifteen states. This finding triggers a deadline for EPA to approve the states’ revised SIPs or promulgate FIPs within two years. While this decision was initially due in July 2021, EPA satisfied its April commitment to make these findings before August 31, 2022.
June 1, 2022 In Sierra Club, et al. v. EPA, a federal judge rejects the environmentalists’ petition seeking an expedited ruling, reasoning that their request would not result in significantly faster outcomes.
May 20, 2022 Plaintiffs in Sierra Club, et al. v. EPA file a motion for summary judgment, requesting that the court require that EPA determine whether the states failed to submit adequate regional haze SIPs within 30 days.
Apr. 7-13, 2022 EPA announces it will make findings that states failed to submit SIPs by August 31, 2022 and that states should submit SIPs before that date. However, NGOs file suit in the Northern District of California challenging EPA’s failure to take action against the 34 states that failed to submit regional haze SIPs by the January 31, 2022 deadline, arguing that EPA did not have authority to extend the deadline to August 31, 2022. Sierra Club, et al. v. EPA, Docket 22-cv-02302 (N.D. Cal.).
Feb. 7, 2022 A coalition of environmental NGOs files a notice of intent to sue EPA for its failure to issue a finding that 39 states did not submit SIPs as required by the Regional Haze rule by the July 31, 2021 deadline.
Jan. 18, 2022 EPA proposes to disapprove Wyoming’s 2020 SIP revision, which would have required less stringent emission limits for Jim Bridger Units 1-4, including removing an obligation to install and operate SCR pollution control equipment on Units 1 and 2. Comments are due Feb. 17. 2022.
July 8, 2021 EPA issues a guidance memo to regional directors regarding the second planning period for regional haze SIPs, and includes for the first time a section encouraging states to consider equity and environmental justice impacts when developing strategies.
Aug. 20, 2019 EPA releases guidance for state implementation plan development under the regional haze program. The guidance is intended to implement the 2018 Reform Roadmap by leaving emissions controls to other Clean Air Act programs and state emission control programs. Critics argue that this guidance allows states to simply ignore how pollution impacts visibility in parks and offers little advice on how to identify pollution sources for emission reduction analysis.
Sep. 10, 2018 EPA releases a Regional Haze Reform Roadmap, which prioritizes giving more power to the states to determine emissions controls and relying on other Clean Air Act programs to improve visibility.
April 12, 2018 President Trump directs EPA to review EPA’s engagement with states as part of the regional haze program.
Jan. 17-30, 2018 EPA responds to the three petition letters and announces its decision to review the final rule. EPA also announces that it plans to finalize additional guidance documents for the state plans that are due in 2021. EPA files a motion to hold the case in abeyance pending its review of the final rule, which the court grants.
April 12, 2017 UARG files a motion to intervene on behalf of EPA in the environmental groups’ challenge to the rule, No. 17-1078, consolidated with No. 17-1021.
March 10-24, 2017 Alaska, Arkansas, North Dakota, the Utility Air Regulatory Group (UARG), the Chamber of Commerce, the National Parks Conservation Association, a coalition of environmental groups, and four industry representatives file separate petitions for review of the final rule. The court consolidates the 11 cases as State of Texas, et al v. EPA, et al, No. 17-1021 (D.C. Cir.). Industry groups, UARG, and Alaska also send letters to EPA directly, petitioning the agency to reconsider the rule.
Feb. 22, 2017 The National Parks Conservation Association and the Sierra Club move to intervene in Texas’ case on behalf of EPA.
Jan. 18, 2017 The State of Texas petitions the U.S. Court of Appeals for the D.C. Circuit to review the Dec. 14, 2016 final rule. No. 17-1021.
Dec. 14, 2016 EPA issues a final rule that includes a number of significant technical, measurement, and definitional changes to the Regional Haze Rule. It also includes a proposal to enhance the federal land manager consultation requirements and to better integrate states’ progress goals for visibility. The rule extends the next deadline for state implementation plans from 2018 to July 31, 2021.
May 4, 2016 EPA issues a separate proposed rule to strengthen the Regional Haze Rule by updating and amending the requirements for state plans, Protection of Visibility: Amendments to Requirements for State Plans.
May 30, 2012 EPA issues a rule allowing states to include certain older power plants that emit haze-causing pollutants in their CSAPR plan, in which case the facility would meet its requirements under the Regional Haze Rule and not need to install Best Available Retrofit Technology pollution controls.