EPA Announces Schedule for Regional Haze Rule Implementation

The EPA has announced a court ordered schedule to review and act on more than 40 state pollution reduction plans that will improve visibility in national parks and wilderness areas.

In 1999, the EPA promulgated the Regional Haze Rule to improve air quality in national parks and wilderness areas. The rule requires states, in coordination with the EPA, National Park Service, U.S. Fish and Wildlife Service, and the U.S. Forest Service to develop and implement air quality protection plans to reduce pollution that causes visibility impairment in 156 federally-protected parks and wilderness areas (mandatory Class I areas). The rule creates a regulatory goal of zero impairment of visibility from manmade emissions in these areas by 2064.

On January 9, 2009 the EPA issued findings that 37 states, including Wisconsin, missed Clean Air Act deadlines for submitting plans, or elements of plans, for implementing EPA’s Regional Haze Program. Under the CAA section 110(c), EPA is required to promulgate a Federal Implementation Plan (FIP) within two years of the effective date of a finding that a state has failed to submit a SIP. The FIP requirement is void if a state submits a regional haze SIP, and EPA approves that SIP within the two year period.

The National Parks Conservation Association and other environmental groups sued the EPA in August 2011, demanding the EPA take action on state pans that had been submitted or start creating FIPs. The consent decree resolves this litigation. Over the next year the EPA will work to approve state plans that have been submitted, and if a state plan cannot be approved, the EPA, with input from the state, industry and other stakeholders, will determine an appropriate federal plan.

The EPA predicts some of the EPA’s new air rules; such as CSAPR and the proposed Utility MACT rules, will reduce emissions enough that additional regional haze reductions may not be necessary. In addition, EPA intends to propose and finalize a rule by spring 2012 that addresses the determination that, for power plants, meeting the requirements in CSAPR will fulfill the best available retrofit technology requirements under the regional haze program.

Wisconsin released a proposed SIP in July 2011. The SIP describes Wisconsin’s strategy for meeting the reasonable progress goals by 2018 for the four Class I areas it impacts, with the eventual goal of achieving pristine visibility conditions by 2064. This strategy takes advantage of emissions reductions from various control programs, and includes submission of a plan for the application of Best Available Retrofit Technology (BART) for specific emission sources.

Additional information about the regional haze regulations is available on the Great Lakes Legal Foundation Regional Haze webpage.

This post was authored by GLLF staff attorney Emily Kelchen.