(The Center Square) − The U.S. Environmental Protection Agency has approved a long-pending air quality plan submitted by Louisiana, determining that the state is not significantly contributing to sulfur dioxide pollution in other states under federal clean air rules.
The approval, finalized late last month and effective on Aug. 6, applies to a portion of Louisiana’s State Implementation Plan under the Clean Air Act’s “Good Neighbor” provision, which requires states to prevent their air emissions from causing nonattainment of federal air standards in downwind states.
“EPA determines that the Louisiana SIP contains adequate provisions to ensure that the air emissions in the state will not significantly contribute to nonattainment or interfere with maintenance” of the 2010 1-hour SO₂ National Ambient Air Quality Standard, the agency wrote in its final rule.
The EPA’s approval of Louisiana’s plan may also mark one of the final actions under the “Good Neighbor” policy. On March 12, EPA Administrator Lee Zeldin announced that the agency would terminate the program as part of what he called “the greatest day of deregulation in U.S. history.”
Zeldin argued that the program “expanded federal rules to more states and sectors beyond the program’s traditional focus” and led to widespread rejection of state-submitted air plans. It’s unclear how the rollback will affect already-approved SIPs, including Louisiana’s.
The decision is the result of a 12-year review process. Louisiana originally submitted its SIP revision in 2013 to address the interstate transport obligations tied to sulfur dioxide, a pollutant primarily emitted by industrial sources such as power plants and refineries.
The ruling drew praise from the Louisiana Public Service Commission, which submitted formal comments urging EPA to finalize the decision.
According to the ruling, the LPSC said the decision, “supports cooperative federalism, preserves the LPSC’s authority to regulate retail electric rates and services, and avoids the reliability and cost challenges associated with federal mandates.”
The EPA also received public comments in support of the rule from an anonymous commenter and a Louisiana resident. One citizen applauded the agency’s continued enforcement of the Clean Air Act and warned against rolling back interstate pollution protections.
The ruling does not include the actual comments.
Sulfur dioxide is a toxic gas linked to respiratory problems, especially in children and older adults. But the EPA concluded that Louisiana’s current emissions controls — while not specified in the rule — are sufficient to avoid causing pollution problems in neighboring states.
The action does not impose any new regulations beyond what the state already has on the books. In its response, EPA emphasized that its role is to approve state-submitted plans so long as they meet Clean Air Act standards, not to rewrite or add to them.
Environmental advocates may scrutinize the decision in light of Louisiana’s industrial footprint and ongoing air quality concerns in regions like Cancer Alley.
Any challenges to the final rule must be filed in federal court by Sept. 5 under the Clean Air Act
