Deal compels EPA to wrap up air pollutant review in 2028

By Sean Reilly | 08/07/2024 01:59 PM EDT

The tentative agreement sets a new deadline for the agency to decide if changes to the air quality standards for nitrogen oxides are needed.

The Montour coal-fired power plant in Pennsylvania.

The Montour coal-fired power plant in Pennsylvania. Emissions of nitrogen oxides stem from cars and trucks, cement kilns, and other industrial operations that burn fossil fuel. Dennis/Flickr

EPA is poised to get another four years to complete a slow-moving review of its primary ambient air quality standards for nitrogen oxides, a dangerous class of pollutants closely linked to emissions from coal-burning industries and the internal combustion engine.

After launching the assessment in late 2022, the agency would have to make a final decision by November 2028 on whether changes to the existing limits are warranted, according to a summary of the terms of a proposed lawsuit settlement released Wednesday.

Before that point, EPA would also have to issue a new roundup of relevant research into the health effects of nitrogen oxides (NOx) by September 2026 and then sign off on its proposed decision by January 2028, the summary says.

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The tentative deal still needs the approval of U.S. District Judge Rita Lin of the Northern District of California following a routine 30-day public comment period. It would end a lawsuit brought last September by the Center for Biological Diversity and two other groups alleging that EPA was already behind a Clean Air Act timetable for completing the review.

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