Fact Sheet - Federal Implementation Plans for the Clean Air Interstate Rule (CAIR), Automatic Withdrawal Provisions

ACTION

On October 17, 2007, the U.S. Environmental Protection Agency (EPA) amended the Federal implementation plans (FIPs) for the Clean Air Interstate Rule (CAIR) to provide for automatic withdrawal of the CAIR FIPs in a State once EPA has approved a full CAIR State implementation plan (SIP) meeting the CAIR requirements.

The CAIR requires affected States to revise their SIPs to include control measures to reduce emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) that significantly contribute to fine particle (PM2.5) and ground-level ozone pollution problems in downwind States.

EPA promulgated the CAIR FIPs on April 28, 2006 to implement CAIR in each CAIR State until a State has an EPA-approved SIP in place to achieve the required reductions. The FIPs do not limit States’ flexibility in meeting their CAIR requirements.

EPA believes it is appropriate for the FIP withdrawal to be automatic because to the extent EPA approves a State’s full CAIR SIP, this corrects the deficiency that provided the basis for EPA’s promulgation of the FIPs in that State.

EPA expects this to be a noncontroversial action and is issuing these amendments through a direct final rule with a parallel proposal. If EPA does not receive any adverse comment on this action for 45 days after publication in the Federal Register, this rule will become effective 75 days from publication.

BACKGROUND

In a rule published on April 25, 2005, EPA made a national finding that States had failed to submit SIPs to address interstate transport with respect to the PM2.5 and 8-hour ozone national ambient air quality standards. These SIPs were due in July 2000, 3 years after the promulgation of the 1997 PM2.5 and 8-hour ozone NAAQS. The finding action triggered a two-year clock for EPA to issue FIPs to address interstate transport.

In an action published on May 12, 2005, EPA issued the CAIR which determined that emissions from 28 States and the District of Columbia (collectively, CAIR States) are significantly contributing to nonattainment of the PM2.5 and/or 8-hour ozone NAAQS. The CAIR also determined the levels of NOx and SO2 emissions reduction requirements necessary for CAIR States to eliminate their significant contribution to nonattainment, and interference with maintenance, of those NAAQS. NOx emissions are precursors to 8-hour ozone and PM2.5; SO2 emissions are precursors to PM2.5.

On April 28, 2006, EPA promulgated FIPs for the CAIR States to achieve the emissions reductions required by CAIR until States have approved CAIR SIPs to achieve the reductions. As the control strategy for the FIPs, EPA adopted the model cap and trade programs for power plants that it provided in the CAIR as a control option for States, with minor changes to account for Federal, rather than State, implementation.

An approved full CAIR SIP satisfies the requirements discussed in the April 25, 2005 findings action and eliminates the basis for the FIP in that State.

The FIPs provide States with an option to submit abbreviated SIPs to meet CAIR. Under this option, States can save the time and resources needed to develop the complete trading program SIP, while still being able to make key decisions, such as the methodology for allocating annual and/or ozone season NOx allowances. The automatic FIP withdrawal provision does not apply to EPA approvals of the abbreviated CAIR SIP revisions or to any conditional SIP approvals.

HOW TO COMMENT

Comments should be identified by Docket ID No. EPA-HQ-OAR-2007-0510 and submitted by one of the following methods:
- Federal eRulemaking Portal (http://www.regulations.gov)
- e-mail (a-and-r-docket@epa.gov)
- Mail (EPA Docket Center, Environmental Protection Agency, Mail code 6102T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460), or
- Hand delivery (EPA Docket Center, Environmental Protection Agency, Room 3334, 1301 Constitution Avenue, NW, Washington, DC).

FOR MORE INFORMATION

To download the direct final rule and parallel proposal and related information, go to the following address: www.epa.gov/cair

For more information, call Carla Oldham at EPA’s Office of Air Quality Planning and Standards, (919) 541-3347.