EPA Proposes Reversing Biden-Era Rejection of North Dakota Regional Haze Plan

***Click here to download audio.*** BISMARCK, N.D. – The U.S. Environmental Protection Agency (EPA) today proposed reversing a Biden-era decision which partially rejected North Dakota’s regional haze plan, moving instead to fully approve the state’s strategy, based on the principles of cooperative federalism and the Clean Air Act . The move prioritizes the expertise of state officials who are most knowledgeable about the characteristics of North Dakota’s power plants and their impact on grid reliability and human health. The proposal would undo the Biden-Harris administration’s controversial 2024 partial disapproval of North Dakota’s 2022 State Implementation Plan and defer to the science demonstrating the state’s long-term strategy complies with the Clean Air Act and federal Regional Haze Rule. EPA said its review of North Dakota’s plan, including emissions data from multiple sources across the state, found the state had included the enforceable emission limits, compliance schedules and other measures needed to make reasonable progress toward improving visibility in federally protected areas. If finalized, the decision would allow multiple baseload power sources to continue operating and supporting a stable electric grid without installing experimental or unproven emissions control technology. The agency said the action would balance environmental protections with the need to maintain affordable and reliable electricity for North Dakota residents. “This is a win for North Dakota, a win for affordable and reliable power, and a step in the right direction for American energy security,” said U.S. Senator Kevin Cramer (R-ND). “The Biden administration completely disregarded the role states are given under the Clean Air Act and second-guessed North Dakota’s plan to protect clean air while keeping reliable power on the grid. North Dakota developed a responsible plan to improve visibility in our national parks and wilderness areas without imposing unnecessary costs on the families and businesses who depend on affordable, reliable electricity. EPA’s proposal recognizes state leadership matters, puts sensibility back into regional haze policy and, importantly, helps keep our baseload power online.” “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.” The proposal follows petitions filed by North Dakota and several of the state’s power generators seeking reconsideration of the 2024 partial disapproval. After reviewing the state’s submission, EPA said it now believes North Dakota’s long-term strategy contains the necessary measures to satisfy federal requirements. EPA also said the state’s projections indicate that visibility in North Dakota’s national parks and wilderness areas will remain within required thresholds through 2028 under the proposed plan. The action is the latest in a series of EPA decisions involving North Dakota’s regional haze program. Earlier this year, the agency approved the state’s Coal Creek nitrogen oxide Best Available Retrofit Technology analysis. EPA also approved North Dakota’s 2015 SIP submission covering the program’s five-year progress report in a separate 2026 action. The Regional Haze program, established under the Clean Air Act , requires states to develop strategies to reduce visibility impairment in national parks and wilderness areas. EPA’s latest proposal comes amid broader scrutiny of the program’s costs and regulatory requirements, particularly for power generators. The agency said years of implementation have demonstrated a need to reconsider aspects of the Regional Haze program, including requirements that it says can impose significant costs on states and regulated industries and potentially affect the availability of affordable, reliable energy. EPA’s proposal will be subject to a 30-day public comment period after it is published in the Federal Register.