Guardians Files Settlement to Kick Start to Rein in Deadly Particulate Pollution

Agreement with Environmental Protection Agency Steps up Pressure Against Coal-fired Power Plants, Ensures Cleaner Air in 20 States

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

“This agreement is a critical step forward in keeping particulate 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 of millions of Americans.”

The settlement, which was filed in federal court, ensures the EPA follows through with its duty to make sure states nationwide have legally adequate clean air plans.  In this case, 20 states have submitted plans, but EPA has yet to approve or disapprove them.  Under the Clean Air Act, until EPA takes action to approve, the plans do not take effect.  If EPA disapproves the plans, then the law requires the agency to develop its own federal plan within two years.

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

The settlement is a step to ensuring that fine particulate matter, also known as PM2.5, is effectively limited.  Comprised of dust, heavy metals, and acid gases, fine particulate matter is linked to increased respiratory symptoms and difficulty breathing, decreased lung function, aggravated asthma, chronic bronchitis, irregular heartbeat, nonfatal heart attacks, and even premature death in people with heart or lung disease. 

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

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

The clean air plans were required after the EPA adopted new national health standards limiting PM2.5 in 2006.  Among other things, the plans are required to ensure that states have legally adequate permitting, monitoring, enforcement, and emission limits to ensure compliance with the PM2.5 standards. 

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

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

The settlement follows an earlier agreement with the EPA that committed the agency to making an official finding by August 31, 2011 that a number of other states, including Alaska, Idaho, Montana, Oregon, Washington, and Wyoming, failed to submit the required plans to protect the PM2.5 standards.  This finding will trigger a two-year clock during which the EPA will either need to develop federal clean air plans or fully approve of state plans.


 

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