EPA - U.S. Environmental Protection Agency
09/03/2026 | Press release | Distributed by Public on 09/03/2026 15:50
EPA Proposes Reversing Biden-era Partial Disapproval of North Dakota’s Regional Haze Plan, Allowing Baseload Power to Thrive
EPA Proposes Reversing Biden-era Partial Disapproval of North Dakota's Regional Haze Plan, Allowing Baseload Power to Thrive
September 3, 2026
Contact Information
Region 8 Media ([email protected])
DENVER - Today, U.S. Environmental Protection Agency (EPA) proposed to reverse the Biden-Harris administration's 2024 final action that partially disapproved North Dakota's 2022 regional haze State Implementation Plan (SIP), and instead fully approve the state's SIP consistent with the Clean Air Act (CAA). If finalized as proposed, EPA's action will allow multiple coal and other baseload power sources to continue operating without being forced to implement burdensome emission controls that are not necessary for maintaining clean air and visibility in North Dakota's national parks and wilderness areas. Today's proposed action reflects EPA's commitment to fulfilling the agency's core mission of protecting human health and the environment while maintaining affordable baseload power for the citizens of North Dakota.
"North Dakota's commitment to addressing regional haze demonstrates the power of strong state leadership and partnership with EPA," said EPA Regional Administrator Cyrus Western. "EPA's proposed approval of North Dakota's 2022 regional haze SIP reinforces our shared goal of providing affordable baseload power while protecting clean air and the iconic views in our national parks and wilderness areas."
Following the Biden-Harris administration's allegation that North Dakota's SIP did not meet all the statutory and regulatory requirements, the Trump EPA received petitions from North Dakota and several of the state's essential power generators to reconsider the disapproval of the state's long-term strategy for the regional haze second implementation period within the 2022 SIP. After careful review and assessment of North Dakota's submission, which included emission data from multiple sources across the state, EPA is proposing that the state's long-term strategy includes all the enforceable emission limitations, compliance schedules, and other components necessary to make reasonable air quality progress.
The agency's proposal, if finalized, will reaffirm the state's projections that, under the long-term strategy, the national parks and wilderness areas in North Dakota will remain under the required thresholds through 2028. Upon publication in the Federal Register, EPA will hold a 30-day public comment period. To read EPA's proposed action, click here.
Background:
Today's proposal follows recent actions by the Trump EPA on other parts of North Dakota's 2022 regional haze SIP, including the 2026 approval of the Coal Creek NOx BART analysis. Additionally in 2026, EPA approved North Dakota's 2015 SIP submission for the five-year progress report in a separate action.
The CAA and Regional Haze Rule (RHR) require states, in coordination with EPA and other federal partners, to develop and implement plans to improve visibility impairment in national parks and wilderness areas. Historically, the implementation of this program has imposed significant costs on power plants and other sectors, calling into question the supply of affordable and reliable energy for American families. After years of implementation and feedback from stakeholders, it is clear that the Regional Haze program is broken and needs significant revisions to clarify requirements and alleviate the unnecessary burdens on states and the regulated community, and more closely align with Congressional intent.
EPA is committed to following its statutory obligations under the RHR while ensuring Americans have affordable power. In January 2026, EPA finalized the full disapproval of Colorado's revised 2022 Regional Haze SIP, preventing the premature closure of power plants. EPA determined that Colorado's proposal to shut down coal fired power plants, without consent from all of the plants, did not comply with the CAA. Additionally, in May 2026, EPA announced the partial approval and partial disapproval of Hawaii's 2024 Regional Haze SIP revision, thus not approving the premature closure of several units at critical power plants vital to delivering reliable and affordable energy to families and businesses in Hawaii.
To learn more about the RHR, visit EPA's website.
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