EPA plan would begin rolling back ‘good neighbor’ rule on downwind pollution from smokestacks

The Trump administration is taking steps that could lead to a rollback of federal regulations designed to limit the flow of air pollution across state lines. The move, announced Wednesday, centers on the “good neighbor” rule, which aims to prevent emissions from facilities like coal-fired power plants from negatively impacting air quality in neighboring states.

Reconsidering Interstate Air Quality

The Environmental Protection Agency (EPA) is proposing to approve air quality plans submitted by eight states – Alabama, Arizona, Kentucky, Minnesota, Mississippi, Nevada, New Mexico, and Tennessee – allowing them to regulate ozone pollution as they see fit. If finalized, these states “would no longer need to worry about another ‘Good Neighbor Plan’” requiring federal approval, according to the EPA.

Previously, under President Joe Biden, the EPA had disapproved or proposed disapproval of the ozone plans from these eight states, finding they did not adequately address emissions that travel across state lines. EPA Administrator Lee Zeldin stated that the current administration is committed to “cooperative federalism,” allowing states greater autonomy in achieving air pollution goals.

A Shift in Approach

Zeldin characterized the Biden-era approach as a “heavy-handed, one-size-fits-all, federal mandate.” The EPA’s proposal asserts that the eight state plans demonstrate they are not interfering with the attainment of National Ambient Air Quality Standards for ozone. The agency also indicated its intent to withdraw proposed corrections to plans submitted by Iowa and Kansas.

The EPA intends to address “interstate transport” obligations for the remaining states covered by the original “Good Neighbor Plan” in a future action.

Concerns from Environmental Groups

Environmental organizations have voiced concerns that the EPA’s proposal could weaken air quality protections. Zachary Fabish, a lawyer with the Sierra Club, argued that the move “would reward states for being bad neighbors,” noting that pollution from states like Indiana and Ohio often impacts air quality in states along the East Coast, such as Connecticut and Delaware.

Fabish also suggested that allowing states more leeway could lead to increased health risks and higher energy costs for Americans.

What’s Next?

The EPA will accept public comment on the proposed rule for at least 30 days after it is published in the Federal Register. Following the comment period, the agency could finalize the rule as proposed, modify it based on feedback, or withdraw it altogether. It is also possible that legal challenges could arise from states or environmental groups opposed to the change. A separate action addressing remaining states’ obligations under the “Good Neighbor Plan” is also anticipated.

Frequently Asked Questions

What is the “good neighbor” rule?

The “good neighbor” rule is intended to block coal-fired power plants and other industrial sites from adding significantly to air pollution across state lines.

Which states are affected by this proposal?

The states affected by this proposal are Alabama, Arizona, Kentucky, Minnesota, Mississippi, Nevada, New Mexico, and Tennessee. The EPA also intends to address obligations for Iowa and Kansas, and other states covered by the original plan.

What is “cooperative federalism”?

According to EPA Administrator Lee Zeldin, “cooperative federalism” means allowing states to decide for themselves how to attain air pollution goals.

How might changes to federal air quality regulations impact the health of communities downwind from major industrial areas?