MUSKOGEE, Oklahoma – A coalition of environmental organizations will sue the U.S. Environmental Protection Agency for failure to enforce provisions of the Clean Air Act intended to protect national parks and wilderness areas from pollution that reduces visibility. 

The coalition, in a notice of intent filed this week, alleges Oklahoma and 38 other states failed to revise and file state implementation plans that were due July 31. The EPA subsequently failed to issue a formal finding of those shortcomings before a Jan. 31 deadline, and the agency has yet to act. 

In its notice of intent, coalition leaders cite concerns about further delays of implementing the regional haze rule. They say reduced visibility at national parks and wilderness areas deprives “citizens of the enjoyment of these precious resources” and exposes “visitors, employees and wildlife to … harmful levels of air pollution.” 

Congress authorized in 1977 the development and implementation of Clean Air Act plans that eliminate all anthropogenic air pollution impairing the nation’s most iconic landscapes. EPA issued the regional haze rule in 1999, requiring states to issue implementation plans periodically.

Oklahoma waged a years-long legal battle against the EPA, and imposition of a federal implementation plan after a more lenient state plan was rejected. That battle ended when the U.S. Supreme Court declined to review rulings upholding the federal implementation plan. That plan required Oklahoma Gas & Electric to upgrade emissions-reduction technologies at its power plants near Muskogee and Red Rock or switch to cleaner-burning fuels. The federal implementation plan initially included coal-fired generators operated in Rogers County by American Electric Power-Public Service Company of Oklahoma, which voluntarily decided to retire those generators by 2026.

EPA revised the regional haze rule in 2017 in an effort “to clarify and strengthen aspects of the Clean Air Act’s visibility program.” The 2017 changes required revisions of implementation plans be submitted by states by July 31, 2021, and July 31, 2028, and every 10 years thereafter.  Oklahoma and 38 other states failed to meet the first deadline. That oversight drew scrutiny from the Sierra Club’s Oklahoma Chapter. 

“Sadly we’ve noticed a history at the Oklahoma Department of Environmental Quality of delaying action and failing to require pollution controls to deliver us clean air and water as required by law,” said Chapter Chair Cheyenne Skye Branscum. “We need the EPA to hold Gov. [Kevin] Stitt and his DEQ accountable when states like Oklahoma fail to follow the laws established by Congress to reduce pollution.”

Erin Hatfield, communications director at Oklahoma Department of Environmental Quality, confirmed the second state implementation plan has yet to be submitted. She said state regulators “are working to respond to comments received from Federal Land Managers and EPA.” 

“The next step is for the SIP to undergo public review and comment,” Hatfield said. “After the public comment period ends, the SIP will be revised, if necessary, and then submitted to EPA.” 

Hatfield said a notice of the public comment period will be issued once the proposed SIP is published. 

The Regional Haze Rule is designed to protect national parks and wilderness areas from pollutants generated by burning fossil fuels and other sources that reduce visibility. A fact sheet prepared by National Parks Conservation Association shows 30 industrial facilities in Oklahoma have the potential to impact visibility at 32 regional Class I Areas. 

Two facilities in Muskogee County are ranked among the Top 5 emitters in the state. Those facilities include OG&E’s Muskogee Generating Station and Georgia-Pacific’s Muskogee Mill.

While most haze pollution does not originate in national parks, it can travel hundreds of miles from its source, affecting parks and communities across a given region. The NPCA estimates nearly 90% of all national parks are impacted by haze pollution — park visitors miss out on about 50 miles of scenery as a result. Haze pollution poses a threat to local economies that depend on parks and wilderness areas, which provide nearly $36 billion in economic output annually and support thousands of jobs. Studies show a direct correlation between park visitation rates and air quality.