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Cross-State Air Pollution Rule (CSAPR)

Bulletins

September 4, 2013 - The United States filed its opening merits brief with the Supreme Court challenging the D.C. Circuit decision on CSAPR.

June 24, 2013 - The U.S. Supreme Court granted the United States' petitition asking the Court to review the D.C. Circuit Court's decision on CSAPR.

January 24, 2013 - The United States Court of Appeals for the D.C. Circuit denied EPA's petition for rehearing en banc of the Court's August 2012 decision to vacate the Cross-State Air Pollution Rule.

November 19, 2012 - EPA Assistant Administrator Gina McCarthy provided guidance to the EPA Regional Air Division Directors on next steps for pending redesignation requests and State Implementation Plan actions affected by the recent court decision vacating the Cross-State Air Pollution Rule

October 5, 2012 The United States filed a petition seeking en banc rehearing of the U.S. Court of Appeals for the D.C. Circuit's August 21, 2012 decision regarding EPA's Cross-State Air Pollution Rule.

August 21, 2012 - The U.S. Court of Appeals for the D.C. Circuit issued its ruling on CSAPR. EPA is reviewing the court decision. CAIR remains in place.

June 8, 2012 - On June 5, EPA issued the final set of minor adjustments to the Cross-State Air Pollution Rule (CSAPR). This final rule will help sources comply with the program by increasing state budgets for Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, New York, Ohio, Oklahoma, South Carolina, and Texas. This rule also revises new unit set-asides for Arkansas, Louisiana, and Missouri.

May 11, 2012 - On May 10, 2012, EPA withdrew the Direct Final Revisions Rule (77 FR 10342, February 21, 2012). The Agency issued a parallel proposal (77 FR 10350, February 21, 2012) along with the direct final rule proposing the same revisions and will take final action on the proposed revisions rule expeditiously. The withdrawal does not affect the Final CSAPR Revisions Rule (77 FR 10324, February 21, 2012). Exit EPA Disclaimer

April 20, 2012 - EPA has reviewed the comments submitted in response to the Direct Final Revisions Rule. EPA intends to withdraw the Direct Final Revisions Rule prior to its effective date and take final action on the proposed revisions rule expeditiously.

March 1, 2012 - EPA filed its brief on the merits of the legal challenges to the CSAPR. EPA's brief defends the rule and sets forth the reasons why the rule should be upheld by the court.

February 7, 2012 - EPA issued two sets of minor adjustments to the Cross-State Air Pollution Rule (CSAPR). These final rules maintain the significant health benefits of CSAPR, while making minor technical adjustments based on the latest and best data to ensure a smooth transition for utilities. The adjustments provide flexibility to states by increasing budgets in seventeen states and easing limits on market-based compliance options.

January 26, 2012 - EPA signed a notice, which will be published in the Federal Register, indicating that the Agency will not require compliance with the CSAPR supplemental rule Exit EPA Disclaimer while the stay is in effect. EPA finalized the supplemental rule on December 15, 2011 to include five additional states - Iowa, Michigan, Missouri, Oklahoma, and Wisconsin - in the ozone season NOX program in the CSAPR.

January 10, 2012 - EPA has returned the vintage 2012 CAIR allowances to allowance accounts. Additional allocations of 2012 allowances will be done as soon as the allocation files are submitted to EPA by the states. States who have not yet submitted 2012 CAIR allocation files should send them to Paula Branch (branch.paula@epa.gov). If market participants wish to use the CAMD Business System to record transfers of the CSAPR allowances or to record other CSAPR related information, they may do so although they are not required to at this time.

December 30, 2011 - The United States Court of Appeals for the D.C. Circuit issued its ruling to stay the CSAPR pending judicial review. The court's decision is not a decision on the merits of the rule. EPA is ensuring 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.

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