EPA Moves to Relax Cross-State Pollution Regulations
The Trump administration announced on Wednesday a proposal to ease a regulation that limits emissions from smokestacks affecting downwind states. The “good neighbor” rule, which was previously ruled unenforceable by the Supreme Court in 2024, is among several regulations the Environmental Protection Agency (EPA) Administrator, Lee Zeldin, has targeted for revision or repeal.
The EPA is considering approving plans from eight states—Alabama, Arizona, Kentucky, Minnesota, Mississippi, Nevada, New Mexico, and Tennessee—to manage ozone pollution independently. This proposal would free these states from the federal “Good Neighbor Plan” mandates if it is finalized. Under the Biden administration, the EPA had rejected or suggested rejecting these states’ plans, arguing they failed to sufficiently control cross-border ozone emissions.
Lee Zeldin emphasized the Trump administration’s commitment to “cooperative federalism,” allowing states more autonomy in achieving air quality goals. He stated, “Today, we are taking an important step to undo a Biden administration rule that treated our state partners unfairly.” Zeldin argued that the new plan would enable states to improve air quality without waiting for federal directives.
The proposed change marks a shift from what Zeldin described as the Biden administration’s “heavy-handed, one-size-fits-all, federal mandate” for addressing smog-related air pollution. EPA claims that the eight state plans have adequate data showing they do not interfere with the National Ambient Air Quality Standards for ozone.
Moreover, EPA plans to retract proposed error corrections for plans submitted by Iowa and Kansas, and intends to address “interstate transport” obligations for remaining states under the Biden administration’s “Good Neighbor Plan” in the future.
Environmental groups have criticized the proposal, arguing it rewards states with poor pollution management. Zachary Fabish, a lawyer for the Sierra Club, stated, “Once again, Donald Trump and Lee Zeldin are choosing to protect aging, dirty, and expensive coal plants and other industrial polluters over strong federal clean air protections that address interstate pollution problems.” He warned that the proposal could worsen air quality in neighboring states, making “Americans sicker and pay more for energy while doing so.”
The EPA will accept public comments for at least 30 days following the publication of the rule in the Federal Register.
