McAfee & Taft RegLINC - May 2011: Oklahoma’s proposed regional haze SIP revision rejected by EPA By Mary Ellen Ternes


On March 22, 2011, EPA published its proposal to approve and disapprove portions of Oklahoma’s February 19, 2010, proposal to comply with EPA’s regulations implementing the U.S. Clean Air Act’s “Visibility Protection” provisions, known as the “Regional Haze Rule.” EPA is disapproving Oklahoma’s proposed “Best Available Retrofit Technology,” “Long-Term Strategy” and “BART Alternative,” substituting its own federal implementation plan imposing SO2 emission limits on six Oklahoma SO2 emission sources. Central to the dispute is primarily the timing and manner of compliance.

The Regional Haze Rule originates from Congress’ 1977 Clean Air Act addition of Section 169, which declared as a new national goal, “the prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas which impairment results from man-made air pollution.” EPA initially adopted visibility protection regulations in 1980 addressing discrete emission sources or small groups of emission sources. Then, in 1990, Congress added CAA Section 169B inspired by the decreasing visibility in the Grand Canyon. In 1996, the Grand Canyon Commission provided EPA with strategies to address regional haze created by lots of emission sources, prompting EPA to adopt its “Regional Haze Rule” in 1999. This rule requires review, modeling and control of sources emitting pollution which may cause or contribute to haze within a state’s national parks, and also in states downwind from a state. While the regional haze rule may end up improving air quality, the purpose of the regional haze rule is aesthetic.

Article Authored By McAfee & Taft Attorney: Mary Ellen Ternes.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McAfee & Taft | Attorney Advertising

Written by:


McAfee & Taft on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.