The EPA, led by Administrator Lee Zeldin, proposed approving ozone-control plans from eight states — Alabama, Arizona, Kentucky, Minnesota, Mississippi, Nevada, New Mexico and Tennessee — a move that would undercut the Biden-era "Good Neighbor" rule limiting cross-state smog. The agency says the state plans contain sufficient data to avoid interfering with National Ambient Air Quality Standards; critics including the Sierra Club say the change favors polluters and endangers downwind communities. Public comment will be accepted for at least 30 days after Federal Register publication.
EPA Moves To Roll Back 'Good Neighbor' Ozone Rule, Proposes Approving Eight State Plans
FILE - EPA Administrator Lee Zeldin listens during the annual Alaska Sustainable Energy Conference on June 3, 2025, in Anchorage, Alaska. (AP Photo/Jenny Kane, File)(ASSOCIATED PRESS)
The Environmental Protection Agency on Wednesday proposed approving ozone-control plans from eight states, a move that signals a rollback of the Biden-era "Good Neighbor" rule designed to limit smokestack emissions that cross state lines and worsen downwind air quality.
What the Proposal Does
The agency, led by Administrator Lee Zeldin, said it would approve state-submitted plans from Alabama, Arizona, Kentucky, Minnesota, Mississippi, Nevada, New Mexico and Tennessee, finding they include adequate data showing they will not interfere with attainment of the National Ambient Air Quality Standards for ozone. If finalized, the action would free those states from an additional federally supervised "Good Neighbor Plan."
Background and Legal Context
The so-called "Good Neighbor" rule aims to prevent coal-fired power plants and other industrial sources from substantially contributing to air pollution across state lines. The U.S. Supreme Court ruled in 2024 that the EPA could not enforce the existing version of the rule, prompting further agency actions and legal and regulatory debate.
FILE - Emissions rise from the smokestacks at the Jeffrey Energy Center coal power plant as the suns sets, near Emmett, Kansas, Sept. 18, 2021. (AP Photo/Charlie Riedel, File)(ASSOCIATED PRESS)
Administration Rationale
Administrator Zeldin said the agency is pursuing what he called "cooperative federalism," allowing states more authority to craft their own strategies for meeting air-quality goals rather than imposing a one-size-fits-all federal mandate.
"Today, we are taking an important step to undo a Biden administration rule that treated our state partners unfairly," Zeldin said. "These states will be able to advance cleaner air now for their communities, instead of waiting for overly burdensome federal requirements years from now."
Responses and Next Steps
The Biden-era EPA had disapproved or proposed disapproval of the plans from these eight states, saying the submissions did not adequately limit ozone-forming emissions that travel across state lines. The current proposal also signals the agency's intent to withdraw proposed error corrections for plans from Iowa and Kansas, and says it will take separate actions to address interstate transport obligations for the remaining states covered under the prior Good Neighbor framework.
Environmental groups criticized the move, arguing it effectively rewards states that allow pollution to drift into neighboring jurisdictions. Zachary Fabish, a lawyer with the Sierra Club, said the proposal prioritizes "aging, dirty and expensive coal plants and other industrial polluters" over strong federal protections and warned it could worsen public health and raise energy costs.
The EPA will accept public comment for at least 30 days after the proposal is published in the Federal Register.
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