Cross-State Air Pollution Rule - Additional Actions
On July 6, 2011, the US Environmental Protection Agency (EPA) finalized the Cross-State Air Pollution Rule (CSAPR). This page provides links to decisions and regulatory actions beginning with the December 30, 2011, ruling issued by The United States Court of Appeals for the D.C. Circuit to stay the CSAPR pending judicial review.
September 21, 2017 - In response to the D.C. Circuit’s remand of the CSAPR Phase 2 SO2 emissions budgets, EPA finalized a rule to remove Texas from the CSAPR SO2 and annual NOX trading programs.
November 3, 2016 - In response to the D.C. Circuit’s remand of the CSAPR Phase 2 SO2 emissions budgets, EPA proposed to remove Texas from the CSAPR SO2 and annual NOX trading programs.
September 7, 2016 - EPA finalized an update to the Cross-State Air Pollution Rule (CSAPR) for the 2008 ozone National Ambient Air Quality Standards (NAAQS) by issuing the final CSAPR Update.
February 26, 2016 - EPA issued a ministerial action affirming changes to CSAPR that align the dates in CSAPR's rule text with its revised implementation schedule - 2015 Phase 1 implementation and 2017 Phase 2 implementation.
November 16, 2015 – EPA proposed the CSAPR Update Rule to address interstate transport of air pollution under the 2008 ozone NAAQS
July 28, 2015 - The U.S. Court of Appeals for the D.C. Circuit issued its opinion on the remaining issues raised with respect to CSAPR. EPA is pleased that the court decision keeps CSAPR in place. We are reviewing the decision and will determine appropriate further course of action once our review is complete.
May 22, 2015 - EPA issued a NODA, as required by CSAPR, that details allowance allocations for new units.
January 16, 2015 - EPA filed its brief in the D.C. Circuit on the merits of the remaining legal challenges to CSAPR that were not decided by the April 2014 U.S. Supreme Court decision.
November 21, 2014 - EPA issued a ministerial rule that aligns the dates in the CSAPR rule text with the revised court-ordered schedule, including 2015 Phase 1 implementation and 2017 Phase 2 implementation. In a separate ministerial action, EPA issued a NODA, as required by CSAPR, that aligns the final CSAPR default allowance allocation years with the revised court-ordered schedule.
June 26, 2014 - The U.S. government filed a motion with the U.S. Court of Appeals for the D.C. Circuit to lift the stay of the Cross State Air Pollution Rule. While the Court considers the motion, CAIR remains in place and no immediate action from States or affected sources is expected.
April 29, 2014 -The U.S. Supreme Court reversed the D.C. Circuit opinion vacating CSAPR. EPA is reviewing the opinion.
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' petition 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 5, 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).
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 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 (email@example.com). 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.
July 6, 2010 - EPA proposed the Cross-State Air Pollution Rule.