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Federal Emission Trading: Transport Rule Replaces Clean Air Interstate Rule

November 18, 2014

 

In accordance with a decision filed on October 23, 2014 by theU.S. Court of Appeals for the D.C. Circuit, the

Cross-State Air Pollution Rule ("CSAPR" or "Transport Rule"), will be effective on January 1, 2015, replacing the existing Clean Air Interstate Rule (CAIR).  Using NOx and/or SO2 emission trading systems, CSAPR

will reduce ozone and particle emissions from power plants located in 28 U.S. states, which contribute to pollution in downwind states.  CSAPR is promulgated by EPA as 40 CFR 97, Subparts AAAAA – DDDDD; additional information is provided at http://www.epa.gov/crossstaterule/index.html. State-level compliance instructions and guidance documents are expected shortly from applicable agencies.

 

The New England states were determined not to contribute to pollution in downwind states and are therefore exempt from CSAPR.  Massachusetts and Connecticut have been enrolled in the CAIR program and may continue ozone season NOx emission trading at the state or regional level once CAIR is superseded. Further details will be determined in the near future.

 

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Photo courtesy of EPA.