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Agreement with Environmental Protection Agency Steps up Pressure Against Coal-fired Power Plants, Ensures Cleaner Air in 20 States
Contact: Jeremy Nichols (303) 573-4898 x 1303

Denver—WildEarth Guardians and the Sierra Club together withthe Environmental Protection Agency (EPA) agreed today to settle a lawsuitensuring clean air plans in 20 states effectively keep particulate matter airpollution in check.

“This agreement is a critical step forward in keepingparticulate pollution in check nationwide,” said Jeremy Nichols, WildEarth Guardians’Climate and Energy Program Director. “Importantly, it’s a step forward for the health and well-being ofmillions of Americans.”

The settlement, which was filed in federal court, ensuresthe EPA follows through with its duty to make sure states nationwide havelegally adequate clean air plans. In this case, 20 states have submitted plans, but EPA has yet to approveor disapprove them. Under theClean Air Act, until EPA takes action to approve, the plans do not takeeffect. If EPA disapproves theplans, then the law requires the agency to develop its own federal plan withintwo years.

Among the states included in the settlement are the westernstates of Arizona, Nevada, and New Mexico. The settlement ensures the EPA takes actions on these andother states’ clean air plans in 2012 and in some cases 2013.

The settlement is a step to ensuring that fine particulatematter, also known as PM_2.5, is effectively limited. Comprised of dust, heavy metals, andacid gases, fine particulate matter is linked to increased respiratory symptomsand difficulty breathing, decreased lung function, aggravated asthma, chronicbronchitis, irregular heartbeat, nonfatal heart attacks, and even prematuredeath in people with heart or lung disease.

Among the major contributors to fine particulate pollutionare coal-fired power plants, cars, trucks, heavy machinery, and other coal andnatural gas-fired industrial facilities. In New Mexico, the two largest sources are the Four Corners Power Plantand San Juan Generating Station. Every year, fine particulate pollution from these power plantscontributes to 77 deaths at a cost of more than $560 million. Similarly, coal-fired power plants inArizona and Nevada are also the largest sources of fine particulate pollution.

“This agreement ensures that coal-fired power plants, thelargest and most deadly sources of air pollution, are held accountable toprotecting public health and the environment,” said Nichols. “Today’s settlement gives us thecertainty that the EPA will follow through under the Clean Air Act to keep fineparticulate pollution in check.”

The clean air plans were required after the EPA adopted new nationalhealth standards limiting PM_2.5 in 2006. Among other things, the plans are required to ensure thatstates have legally adequate permitting, monitoring, enforcement, and emissionlimits to ensure compliance with the PM_2.5 standards.

Under the Clean Air Act, states have three years to submitplans after the adoption of new air standards. After receiving them, the EPA is required to approve ordisapprove within 18 months.

Today’s settlement was filed in the U.S. District Court forthe District of Northern California. Under the Clean Air Act, the public will be given a 30-day opportunityto comment on the agreement before a federal judge signs it.

The settlement follows an earlier agreement with the EPAthat committed the agency to making an official finding by August 31, 2011 thata number of other states, including Alaska, Idaho, Montana, Oregon, Washington,and Wyoming, failed to submit the required plans to protect the PM_2.5standards. This finding willtrigger a two-year clock during which the EPA will either need to developfederal clean air plans or fully approve of state plans.