2026-01413Rule

EPA Clouds Colorado's Hazy Air Cleanup Dreams

Published Date: 1/26/2026

Rule

Summary

The EPA is saying no to Colorado’s 2022 plan to fight regional haze, which clouds the air and blocks beautiful views in special protected areas. This means Colorado needs to fix its plan to better clean up the air and improve visibility. The new rule kicks in on February 25, 2026, so Colorado has some time to step up its game and avoid possible penalties or extra costs later.

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Unconsented Nixon Unit Closure Risk

The EPA found Colorado included an unconsented enforceable closure for Nixon Unit 1 (Colorado Springs Utilities asked the State to remove the December 29, 2029 closure) and concluded Colorado did not provide necessary assurances that such a forced closure would not violate the U.S. Constitution. The EPA concluded approving the unconsented closure could destroy the unit's investment value and harm the municipal utility and its citizen ratepayers.

EPA Disapproves Colorado Haze Plan

The EPA is fully disapproving Colorado's 2022 regional haze State Implementation Plan (submitted May 20, 2022 and supplemented Aug 2, 2022 and June 23, 2023). Because of the disapproval, either Colorado must submit an approved SIP revision or the EPA will issue a Federal Implementation Plan (FIP) to meet the second implementation period requirements; this rule is effective February 25, 2026.

Comanche Unit 2 Withdrawal Needs Fix

On November 20, 2025 Colorado withdrew the SIP measures requiring closure of Comanche Unit 2, removing those closure deadlines from the 2022 regional haze SIP revision. The EPA says Colorado must address how that withdrawal affects its reasonable progress goals and the Uniform Rate of Progress (URP) in any SIP revision or in a FIP.

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Key Dates

Published Date
Rule Effective
1/26/2026
2/25/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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