Finalized haze pollution settlement to speed up protections for national parks, wilderness areas in Texas
Jul. 15—WASHINGTON, D.C. — In response to legal action by environmental and conservation groups, the U.S. District Court for the District of Columbia signed a final consent decree Friday that requires the U.S. Environmental Protection Agency to take action on haze pollution plans from Texas and 31 other states. Haze pollution, which largely comes from coal power plant emissions, degrades air quality and visibility at many public lands, including Big Bend and Guadalupe Mountains national parks in Texas, and also results in seriously unhealthy air for the communities living near the coal plants.
After over a decade of urging the Texas Commission on Environmental Quality (TCEQ) and EPA to protect clean air in and around public lands, the final consent decree marks a tangible step forward in fulfilling the Clean Air Act's haze pollution mandate. The settlement is a result of a lawsuit filed by Sierra Club, Earthjustice, the Environmental Integrity Project, and the National Parks Conservation Association. Texas haze pollution reduces the visibility of scenic vistas at both Big Bend and Guadalupe Mountains national parks by as much as 70% (view clear/hazy photos here), and the pollution knows no boundaries and can also degrade visibility at many beloved state parks across Texas.
EPA will be required to decide — no later than May 30, 2025 — if the plan submitted by TCEQ complies with the Clean Air Act's Regional Haze Rule. EPA could either approve the do-nothing state plan, partially approve it, or reject it and then issue a federal plan to limit haze emissions. This announcement impacts almost all of the 13 coal plants in Texas, which combine to be the biggest source of haze pollution in the country. The Martin Lake coal plant in East Texas is the biggest haze polluter in the state, followed by the Parish coal plant in Fort Bend County near Houston and then the Limestone coal plant east of Waco. See this interactive dashboard for a map and additional information on haze polluters in Texas.
"TCEQ has a long, well-documented history of submitting pollution reduction plans that don't aim to reduce pollution at all but instead seek to protect the fossil fuel industry," Joshua Smith, an attorney with the Sierra Club's Environmental Law Program who works extensively on Texas issues, said in a news release. "TCEQ's haze plan is no different: It fails to meet the requirements of the law. The agency and commissioners appointed by Gov. Greg Abbott continue to ignore their duty to the Texans who breathe dirty air and who can no longer enjoy clear vistas in our parks. We support today's settlement and urge EPA to carry out its duty by casting aside the do-nothing TCEQ plan and issuing a stronger plan that gives the public and the environment the protections they're entitled to by the Clean Air Act."
Haze is a major concern for 98 percent of national parks in the United States. The same pollutants responsible for the widespread air pollution also harm public health, particularly in communities experiencing targeted, systemic racism from polluting industries. Air pollution from burning fossil fuels and other sources worsens community health, increases healthcare costs, and harms nature and sensitive ecosystems on public lands.
EPA's Regional Haze Rule was established in 1999 to address air pollution, primarily from coal-fired power plants and industrial sources, that harm visibility in designated national parks and wilderness areas, otherwise known as Class I areas. Under the Clean Air Act, states must submit and update plans detailing how they will comply with the Regional Haze Rule every 10 years. EPA is required to approve or reject these State Implementation Plans (SIPs) within 18 months, but EPA has failed to act on Regional Haze SIPs submitted by 32 states.
In June 2023, the Sierra Club, National Parks Conservation Association, and Environmental Integrity Project, represented by Earthjustice and Sierra Club's Environmental Law Program, filed a lawsuit against EPA for the agency's failure to issue decisions on the state SIPs. The consent decree, moving forward today, establishes a timeline for EPA to approve, deny, or partially approve the outstanding state plans at assigned dates between 2024 and 2026, beginning with Kansas. If EPA rejects a SIP, the agency must issue a Federal Implementation Plan (FIP) detailing how the state must address haze pollution.
Earthjustice, National Parks Conservation Association, Environmental Integrity Project, and Sierra Club, alongside communities relying on parks and wilderness areas for their livelihoods and health continue to underscore the need for not only stronger protections against haze, but a stronger consideration of environmental justice factors.
This interactive dashboard shows where EPA will take action on Regional Haze plans, and which coal plants contribute the most haze pollution.
