Clean Air Interstate Rule (CAIR)
The United States Court of Appeals for the D.C. Circuit issued its ruling to stay the Cross-State Air Pollution Rule (CSAPR) pending judicial review. While this decision will delay implementation of the CSAPR, it will also leave the Clean Air Interstate Rule (CAIR) in place while the Court considers the merits of the challenges to the CSAPR. All the requirements in CAIR, the CAIR Federal Implementation Plans (FIPs) and EPA-approved CAIR State Implementation Plans (SIPs) are federally enforceable and all sources that are covered by the three CAIR trading programs - the ozone-season NOx trading program, the annual NOx trading program, and the annual SO2 trading program - must continue to comply with the requirements of those programs. EPA will ensure the transition back to the Clean Air Interstate Rule (CAIR) occurs as seamlessly as possible. Please see our Bulletins page for updates on CSAPR and the continuing implementation of CAIR.
Announcements
January 14, 2012 - A new Bulletins page has been added to the CSAPR site for updates on CSAPR and the continuing implementation of CAIR.
January 10, 2012 - EPA restored 2012 CAIR allowances to accounts. Additional allocations of 2012 allowances will be done as soon as the allocation files are submitted to EPA by the states
On March 10, 2005, EPA issued the Clean Air Interstate Rule (CAIR). This rule provides states with a solution to the problem of power plant pollution that drifts from one state to another. CAIR covers 27 eastern states and the District of Columbia. The rule uses a cap and trade system to reduce the target pollutants—sulfur dioxide (SO2) and nitrogen oxides (NOx)—by 70 percent.
States must achieve the required emission reductions using one of two compliance options: (1) meet the state’s emission budget by requiring power plants to participate in an EPA-administered interstate cap and trade system that caps emissions in two stages, or (2) meet an individual state emissions budget through measures of the state’s choosing.
See also:
- Notice of Data Availability (NODA) -- 2010 CAIR NOx Annual Trading Program New Unit Set-aside
- Notice of Data Availability (NODA) -- 2010 CAIR FIP Ozone Season New Unit Set-aside
- Table of Ozone Season NOx Emissions, Heat Input: 2008 vs. 2009 (Excel, 72 KB)
- Notice of Data Availability (NODA) -- CAIR FIP CSP Allocations
- CAIR Implementation Training Workshops
- Frequent Questions
- Reports and Analyses
- Additional Resources
- Notice of Data Availability (NODA) -- NOx CAIR FIP Allocations
- Part 75 Certification Administrative Processes for CAIR NOx Units (PDF 6 pp. 146 KB)
- Questions and Answers Concerning Non-EGUs Transitioning from the NOx Budget Trading Program to the CAIR NOx Program (PDF 3 pp. 18 KB)
- Monitor Certification Procedures for CAIR NOx Units (PDF 12 pp. 165 KB)
- EPA Rulemaking Actions on State's CAIR SIP Submissions
- CAIR Applicability Determinations
CAIR Background Information
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States Covered by CAIR
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Where to find more information:
Where You Live - Descriptions of the health and environmental benefits of the Clean Air Interstate Rule in each of the 27 states in the Eastern US and the District of Columbia.
Basic Information - Summary of the Clean Air Interstate Rule as well as a summary of the design of the program and the benefits it would provide.
Regulatory Actions - Links to proposed and final rules, fact sheets, and other rulemaking documents.
Charts and Tables - A collection of printable charts, tables, and graphics demonstrating the health and environmental benefits of the Clean Air Interstate Rule.
Technical Information - Technical support information and links to related information.
Older Announcements:
- December 23, 2008 - The D.C. Circuit remanded without vacature EPA's Clean Air Interstate Rule. Read the court decision (PDF 4pp, 22k)
- December 23, 2008 - No public hearing was requested and none will be held for EPA's Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules.
- November 17, 2008 - The United States filed a reply in support of its petition for rehearing in the Clean Air Interstate Rule case. Read the Reply (PDF 10pp, 390k) | Attachment 1 (PDF 23pp, 137k) | Attachment 2 (PDF 12pp, 165k)
- September 24, 2008 - The United States filed a petition for rehearing in the Clean Air Interstate Rule case. Read the Petition (PDF 23pp, 1058k) | Declarations by Brian McLean and William Harnett (PDF 11pp, 454k)
- August 23, 2008 - Analysis of Potential Quick Fix Legislative Changes to Address Court Decision (PPT 12pp, 985k)
- July 29, 2008 - Brian Mclean's Testimony for the Senate Committee on Environment and Public Works: EPA's preliminary assessment of the potential affect of the recent DC Circuit Court Decision on CAIR and EPA's programs (PDF, 15 pp. 57 KB) | Supplemental Attachments (PDF, 5 pp. 877 KB)
- July 11, 2008 - The D.C. Circuit vacated EPA's Clean Air Interstate Rule. EPA is reviewing the Court's decisions and evaluating its impacts. Read the Court's Opinion (PDF) (60pp, 221k)
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