EPA sued for dawdling on clean air—now rushing to settle!
Published Date: 9/24/2026
Notice
Summary
The EPA is settling a lawsuit about delays in approving air quality plans from California and Colorado. This deal sets clear deadlines for the EPA to act on these plans to help keep our air cleaner. If you want to share your thoughts, you have until October 26, 2026, to comment!
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Deadlines for Colorado June 26, 2023 SIP
The proposed consent decree requires the EPA to issue final rulemaking (approve, disapprove, conditionally approve, or partial approvals) on portions of Colorado's June 26, 2023 State Implementation Plan (SIP) submission that address nonattainment planning for the Denver-Boulder-Greeley-Ft. Collins-Loveland area and Denver Metro/North Front Range. The EPA must take final action on different portions of that June 26, 2023 submission by July 9, 2027; August 31, 2027; and December 17, 2027, as specified in the consent decree.
EPA must act on Colorado RACT-related SIPs by Aug 31, 2027
The consent decree requires the EPA to issue a final rulemaking to approve a SIP revision, promulgate a Federal Implementation Plan (FIP), or approve in part and promulgate a partial FIP to address deficiencies in Colorado SIP submissions dated May 14, 2018; May 13, 2020; March 22, 2021; May 18, 2021; and May 20, 2022 related to Reasonably Available Control Technology (RACT). The EPA must complete that action no later than August 31, 2027.
Deadline for California CARB Oil and Gas SIP action
The proposed consent decree requires the EPA to issue a final rulemaking to approve California Air Resources Board's (CARB) Oil and Gas Methane Rule SIP revision, promulgate a FIP, or approve in part and promulgate a partial FIP to address deficiencies identified in the EPA's limited disapproval (87 FR 59314). The EPA must complete that action no later than March 15, 2028.
Public comment deadline on proposed consent decree
You can submit written comments on the proposed consent decree identified by Docket ID EPA-HQ-OGC-2026-7625 through https://www.regulations.gov. Comments must be received by October 26, 2026; they may be posted publicly and the EPA may withdraw consent if comments show the decree is inappropriate under the Clean Air Act.
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Key Dates
Department and Agencies
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