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Regulatory Actions

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Notice of Data Availability
(November 2, 2007) The EPA issued a final NODA, showing NOx annual and ozone season allowance allocations for potential CAIR-affected units for years 2009 through 2014. The NODA provides sources with the opportunity to view their current allocations and their status as a potential existing CAIR unit. The NODA provides EPA determined allocations for potential existing CAIR units, however it is EPA’s preference that State-determined allowances be recorded for sources wherever possible. The source allowance allocations determined in this NODA will only be used for sources located in a State without a timely approved SIP.

Automatic FIP Withdrawal Rule
(October 17, 2007) 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. 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.

Final Cogeneration Unit Definition Change
(October 11, 2007) EPA finalized a change to the thermal efficiency calculation in the cogeneration unit definition in the Clean Air Interstate Rule (CAIR), CAIR Federal Implementation Plans, and the Clean Air Mercury Rule (CAMR) for boilers co-firing biomass that will likely make it possible for some additional units to qualify for the cogeneration unit exemption in these rules. EPA also made minor technical corrections to CAIR, the CAIR FIPs, CAMR, and the Acid Rain Program rules. This rule becomes effective on November 19, 2007, 30 days from publication in the Federal Register.

Corrections to the Clean Air Interstate Rule and the CAIR Federal Implementation Plan
(September 25, 2007) EPA is making a minor correction to the Clean Air Interstate Rule (CAIR) to restore a phrase of regulatory text related to State annual emissions reporting requirements that was inadvertently deleted when the rule was amended in 2006.

Notice of Denial of Petitions for Reconsideration of CAIR FIPs and Response to NC 126 Petition
(June 22, 2007) Following its publication, EPA received four separate petitions for reconsideration of the Federal Implementation Plans for the Clean Air Interstate Rule and Final Response to North Carolina's Section 126 Petition. After considering the petitions, EPA sent letters to the petitioners denying their requests to reconsider certain aspects of the rule. EPA concluded that reconsideration of the issues was not warranted under the Clean Air Act.

Petitioners

Petitions

EPA Response Letters

ARRIPA

Cover Letter for Petition (PDF) (1pg, 39k)
Petition for Reconsideration (PDF) (17pp, 3.3 MB)

Response (PDF) (3pp, 226k)

Colver Power Project

Petition for Reconsideration (PDF) (36pp, 2.0 MB)

Response (PDF) (3pp, 229k)

State of North Carolina

Cover Letter for Petition (PDF) (1pg, 145k)
Petition for Reconsideration (PDF) (36pp, 360k)

Response (PDF) (4pp, 339k)

Southern Environmental Law Center, Sierra Club, Environment North Carolina

Petition for Reconsideration (PDF) (46pp, 1.8 MB)

Response (PDF) (3pp, 196k)

 

Proposed Cogeneration Unit Definition Change
(April 16, 2007) EPA proposed a change to the thermal efficiency calculation in the cogeneration unit definition in the Clean Air Interstate Rule (CAIR) model cap-and-trade rules, the CAIR FIP, the Clean Air Mercury Rule (CAMR) and the proposed CAMR Federal Plan for units burning biomass. EPA also proposed minor technical corrections to CAIR and the Acid Rain Program rules, and minor revisions to National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters. Comments on this proposal are due to EPA by 45 days after publication in the Federal Register.

Technical Corrections
(December 7, 2006) EPA is making minor corrections to the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans (FIPs) for the CAIR to clarify text that may potentially be misleading.

EPA announced the following CAIR-related actions on March 15, 2006:

1. Federal Implementation Plan for Clean Air Interstate Rule and Final Response to North Carolina's Section 126 Petition
(March 15, 2006) To ensure that the emissions reductions required by the CAIR are achieved on schedule, EPA promulgated federal implementation plans, or FIPs, for power plants. In the same action, EPA also denied a petition submitted by North Carolina under section 126 of the Clean Air Act. The CAIR FIPs will eliminate significant contribution from the states now linked to North Carolina nonattainment.

2. Inclusion of Delaware and New Jersey in Clean Air Interstate Rule
(March 15, 2006) In a second CAIR related action, EPA issued a final rule to include Delaware and New Jersey in the CAIR for fine particle pollution.

3. Reconsideration of the Clean Air Interstate Rule
(March 15, 2006) Following its publication, EPA received twelve separate petitions for reconsideration of the CAIR. In response, EPA made final its decisions on five issues reopened for public comment in response to petitioners. EPA has determined that its decisions in the final CAIR were reasonable and should not be changed.

To complete the reconsideration process, EPA sent letters to nine petitioners denying their requests to reconsider certain aspects of the final Clean Air Interstate Rule (CAIR). We concluded that reconsideration of these issues was not warranted under the Clean Air Act.

Petitioner Petitions and Attachments EPA Response Letter
Connecticut Business and Industry Association (CBIA) Petition for Reconsideration (PDF) (1pg, 21k) Response (PDF) (3pp, 46k)
City of Amarillo, El Paso Electric, Occidental Permian, Southwestern Public Service Co, d/b/a Xcel Energy Petition for Reconsideration (PDF) (15pp, 972k)
Attachment 2 (PDF) (2pp, 414 k)
Attachment 3 (PDF) (20pp, 2.2 MB)
Attachment 4 (PDF) (38pp, 5.6 MB)
 Response (PDF) (4pp, 59k)
State of Connecticut Department of Environmental Protection (CT DEP) Petition for Reconsideration (PDF) (5pp, 318k) Response (PDF) (4pp, 45k)
Florida Association of Electric Utilities (FAEU)

Petition for Reconsideration (PDF) (20pp, 702k)
Supplement (PDF) (3pp, 198k)
Second Supplement (PDF) (5pp, 284k)

 Response (PDF) (7pp, 111k)
FPL Group (parent of Florida Power and Light) Petition for Reconsideration (PDF) (21pp, 934k)
Supplement (PDF) (8pp, 200k)
Second Supplement (PDF) (6pp, 147k)		 Response (PDF) (5pp, 73k)
Minnesota Power (Div. of Allete) Petition for Reconsideration (PDF) (15pp, 685k) Response (PDF) (6pp, 89k)
State of North Carolina Petition for Reconsideration (PDF) (25pp, 1.0 MB) Response (PDF) (6pp, 89k)
Northern Indiana Public Service Company (NIPSCO) Petition for Reconsideration (PDF) (50pp, 1.5 MB)
Supplement (PDF) (11pp, 352k)		 Response (PDF) (6pp, 97k)
Texas Commission on Environmental Quality Petition for Reconsideration (PDF) (47pp, 1.4 MB) Response (PDF) (3pp, 31k)

EPA to Reconsider an Additional Aspect of the Clean Air Interstate Rule
(December 22, 2005) - EPA has decided to grant an industry petition asking EPA to reconsider and provide an opportunity for public comment on an additional issue related to the Clean Air Interstate Rule. The petition asks EPA to examine the impact of a recent D.C. Circuit Court decision, New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005), on analyses used in developing CAIR. This decision vacated the pollution control project (PCP) exclusion in the New Source Review (NSR) regulations. The exclusion allowed for certain environmentally beneficial PCPs to be excluded from certain NSR requirements. EPA's analysis shows that the court decision does not impact the CAIR analyses. EPA is providing an opportunity for public comment on the issue and is not proposing any changes to CAIR at this time. Information about how to comment.

Reconsideration of Certain Aspects of the Clean Air Interstate Rule
(November 22, 2005) Following promulgation of the final rule in March 2005, the EPA Administrator received eleven petitions for reconsideration. While the Agency does not believe that our final decision was in error, we are granting reconsideration and providing an additional opportunity for public comment on the following issues related to the final rule:

  1. claims that inequities result from applying the sulfur dioxide (SO2) allocation methodology that states choosing to participate in the CAIR SO2 trading program would use to allocate SO2 emissions allowances to sources;
  2. EPA’s use of fuel adjustment factors (1.0 for coal, 0.6 for oil, and 0.4 for gas) in establishing state nitrogen oxides (NOx) budgets;
  3. certain inputs to the fine particle (PM2.5) modeling used to determine Minnesota's inclusion in the CAIR region for PM2.5; and
  4. EPA’s determination that Florida should be included in the CAIR region.

EPA has agreed to reconsider certain aspects of its Clean Air Interstate Rule (CAIR). EPA issued the final CAIR on March 10, 2005

Proposed Federal Implementation Plan for Clean Air Interstate Rule and Proposed Response to North Carolina's Section 126 Petition
(August 1, 2005) To ensure emissions reductions required under CAIR are achieved, EPA proposed a federal implementation plan (FIP) to require power plants in CAIR states to participate in one or more of three separate cap and trade programs. EPA also proposed it response to a North Carolina petition that requested the Agency to require emission reductions in several upwind states. How to comment

Notice of Data Availability
(June 21, 2005) In support of its proposal to include New Jersey and Delaware in the CAIR region for purposes of controlling fine particle pollution in downwind states, EPA is issuing a notice announcing the availability of modelling data. In this notice, EPA also is extending the comment period for the NJ and DE proposal so that it aligns with the comment period for this new data.

Final Clean Air Interstate Rule
On March 10, 2005, the Environmental Protection Agency (EPA) finalized the Clean Air Interstate Rule (CAIR), a rule that will achieve the largest reduction in air pollution in more than a decade. This action, called the Interstate Air Quality Rule when it was proposed in January 2004, offers steep and sustained reductions in air pollution as well as dramatic health benefits at more than 25 times greater than the cost by 2015.

Proposal to include NJ and DE in the CAIR Region
On March 10, 2005, EPA proposed to include New Jersey and Delaware in the CAIR region for purposes of controlling fine particle pollution in downwind states. Delaware and New Jersey are already subject to the ozone-related provisions of CAIR but not to the provisions that relate to fine particles.

Finding that States have Failed to Submit Plans to Address Interstate Transport of Pollutants that form Ozone and Particle Pollution
On March 10, 2005, EPA officially notified states that they have failed to submit plans, known as State Implementation Plans or SIPs, addressing the transport of pollutants that form ozone and particle pollution in downwind states.

Notice of Data Availability
(July 30, 2004) The EPA is providing notice that it has placed in the docket for the CAIR (Docket no. OAR-2003-0053) additional information relevant to the rulemaking, including, among other things, a new modeling platform that EPA proposes to use to support the proposed rule. This new modeling platform consists of new meteorological data, updated emissions data, an updated air quality model, and revised procedures for projecting future air quality concentrations. The additional information also includes revised state NOx budgets. The EPA may place additional documents in the docket, and if EPA does so, EPA will announce their availability by posting a notice on the CAIR website http://www.epa.gov/CAIR.

Information Collection Request
(July 13, 2004) The Environmental Protection Agency (EPA) has proposed a Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule) (CAIR) that includes new reporting requirements and combines these new requirements with existing requirements from the Consolidated Emissions Reporting Rule (CERR), the Emission Reporting Requirements for Ozone State Implementation Plan (SIP) Revisions Relating to Statewide Budgets for NOx Emissions to Reduce Regional Transport of Ozone (NOx SIP Call) and the Acid Rain Program under Title IV of the CAA Amendments of 1990. An Information Collection Request (below) has been submitted to the Office of Management and Budget (OMB) for review and approval in accord with the requirements of the Paperwork Reduction Act.

Supplemental Proposal
(May 18, 2004) This supplemental proposal provides additional details and rule language for implementing the Clean Air Interstate Rule. These details include specifics on EPA’s proposed model cap-and-trade program for power plants, as well as details on proposed integration of the Clean Air Interstate Rule with existing Clean Air Act requirements. The supplemental proposal does not alter any of the emission reduction requirements proposed in January.

Proposed Rule
(December 17, 2003) Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Interstate Air Quality Rule). The proposed rule would cut emissions of SO2 and NOx in the eastern U.S. and is an important component of EPA's efforts to implement the new national air quality standards for fine particle pollution and 8-hour ozone.

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