Search

Cross-State Air Pollution Rule: Latest Developments

Posted on 9/11/2012 by James Griffin

On August 21, 2012, the District of Columbia circuit of the United States Court of Appeals remanded the Cross State Air Pollution Rule (CSAPR, or Transport Rule) back to U.S. Environmental Protection Agency. The EPA is currently reviewing the Court’s decision to determine what steps are needed to revise and implement the CSAPR. The Transport Rule was originally promulgated August 8, 2011 (76 FR 78207); it replaced the earlier “Clean Air Interstate Rule,” or CAIR, which had been issued on May 12, 2005 (70 FR 25162).
 
EPA Must Revise the Rule
In response to a complaint brought by EME Homer City Generation, L.P. on behalf of a number of petitioners, the Court reviewed the EPA’s August 8, 2011 rule, which required 28 “upwind” states to implement reduction of pollutants that “significantly contributed to” air pollution in downwind states. This is often referred to as the “good neighbor” requirement.
 
The Court’s decision to remand the rule was based on a few factors, the most significant of which was EPA’s inclusion of cost–effective reductions as part of Federal Implementation Plans (FIPs), which the court felt overstepped the EPA’s statutory authority. Under the “good neighbor” requirement, EPA must require states to reduce their own contributions to downwind states’ non–attainment of national air quality standards. The Court felt that by setting reductions based on the implementation of cost–effective controls, EPA’s CSAPR actually required states to reduce more than their own contributions.
 
Clean Air Interstate Rule Remains in Place
The CSAPR was actually written by EPA in response to an earlier court decision. In December 2008, the Court struck down EPA’s 2005 Clean Air Interstate Rule (CAIR). That decision left the requirements of CAIR in place until EPA could create a replacement regulation. CSAPR was that replacement. Since CSAPR itself is now remanded and undergoing review and revision by EPA, the 2005 CAIR rule is still in place.
 
The D.C. Circuit Court’s decision is available on its? website. ?To lean more about the EPA’s regulation of interstate air pollution, click here.
 
New Clean Air Act Regulations Now Available

A new online course is now available to help environmental engineers, EHS managers, and compliance officers keep their facilities in compliance with the US EPA’s Clean Air Act programs. The Clean Air Act Regulations guides professionals through compliance with Title V permit requirements, emissions and pollution controls, annual greenhouse gas (GHG) reporting, Risk Management Planning (RMP) responsibilities, and more. 

Build the expertise needed to make informed on-the-job decisions that help your site control pollution and maintain compliance. Interactive, easy to use, and available 24/7, the new online course will help you get up to speed with new and changing EPA clean air rules and protect your facility from costly EPA enforcement. 
 

Tags: Act, Air, Clean, EPA, new rules

Find a Post

Compliance Archives

Lion - Quotes

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

Best instructor ever! I was going to take my DOT training w/a different provider, but based on this presentation, I will also be doing my DOT training w/Lion!

Donna Moot

Hazardous Waste Professional

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

No comparison. Lion has the best RCRA training ever!!

Matt Sabine

Environmental Specialist

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

Download Our Latest Whitepaper

In-flight hazmat incidents can be disastrous. This guide gives 5 tips for first-time air shippers to consider before offering dangerous goods for transportation on passenger or cargo aircraft.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.