Proposed consent decree focuses on EPAs not modernizing national pollution limits for gas-fired power plants

(June 13, 2023 – Washington, D.C.) Today, EPA published notification of an intended consent decision requiring the agency to review and, if necessary, revise Clean Air Act standards that protect people and communities from hazardous pollution emitted from new gas-fired power plants.

The proposed consent decree is in response to a 2022 civil suit brought by the Environmental Defense Fund and Sierra Club. The lawsuit was designed to enforce EPA’s long overdue obligation under the Clean Air Act to review the adequacy of the new source performance standards for nitrogen oxides (NOx) emissions from gas plants.

Gas-fired power plants discharge harmful nitrogen oxides into communities across the country, pollutants that contribute to hazardous particulates and smog, said EDF attorney Noha Haggag. We are urging EPA to modernize our nations’ pollution limits for the nitrogen oxides from new gas-fired power plants and provide healthier air for millions of people.

For years, EPA has not revised its NOx standards for new gas plants, creating a loophole that allows many plant developers to avoid installing the best publicly available emission control technology. said Sierra Club Senior Attorney Andres Restrepo. We are pleased that the Biden administration continues to demonstrate its commitment to protecting communities and the environment from harmful pollution. EPA must now act quickly to establish new and appropriate protective safeguards. Nothing less than our lives are at stake.

If finalized, the consent decree would require EPA to issue a proposed measure by November 2024 and then take final action no later than November 2025. The proposed decision is now undergoing a 30-day public comment period.

Under the Clean Air Act, EPA must review and revise its new source performance standards for stationary sources such as power plants every 8 years and as appropriate. These national standards provide protection against air pollution from industrial sources, including fossil fuel power plants.

Despite its legal responsibility, EPA has not updated its NOx standards for new gas plants in over 16 years. Current NOx limits are therefore seriously outdated and do not reflect the best achievable emission limits using available technology. The consent decree enforces these Clean Air Act safeguards to ensure modern nationwide pollution limits are adopted for new gas-fired power plants.