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 Rule (Federal Register, Nov 2) (PDF) (21pp, 395k)
- Fact Sheet
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.
- Final Rule (Federal Register, Oct 19) (PDF) (18pp, 138k)
- Fact Sheet
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.
- Final Rule (Federal Register, Oct 1) (PDF) (3pp, 103k)
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) |
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) |
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.
- Proposal (25 Federal Register, Apr 25) (PDF) (16pp, 262k)
- Fact Sheet
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.
- Federal Register Notice, Apr 28 (PDF) (143 pp, 801 KB)
- Fact Sheet
- Since signing the March 15, 2006 final rule and prior to publication,
EPA corrected minor inadvertant errors as described in the following
memorandum. (Corrected file posted on June 2, 2006.)
- Memo dated April 7, 2006 (PDF) (5 pp, 235 KB)
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.
- Federal Register Notice, Apr 28 (PDF) (16 pp, 180 KB)
- Fact Sheet
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.
- Federal Register Notice, Apr 28 (PDF) (24 pp, 223 KB)
- Fact Sheet
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) |
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.
- Federal Register Notice, Dec 29 (PDF) (13pp, 126k)
- Fact Sheet
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:
- 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;
- 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;
- certain inputs to the fine particle (PM2.5) modeling used to determine Minnesota's inclusion in the CAIR region for PM2.5; and
- 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
- Federal Register Notice, Dec 2 (PDF) (15pp, 240k)
- Fact Sheet
- Public Hearing Information
- How to comment
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
- Federal Register Notice, Aug 24 (PDF) (127pp, 626k)
- Fact Sheet
- Speaker Agendas for the Public Hearings
September 14, 2005 - RTP, NC (PDF) (4pp, 15k)
September 15, 2005 - Washington, DC (PDF) (1pg, 10k)
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.
- Federal Register Notice, May 12 (PDF) (245pp, 1.44 MB)
- Fact Sheet (PDF) (3pp, 28k)
- Since signing the March 10, 2005 final rule and prior to publication,
EPA corrected errors as described in the following memorandum.
(Corrected files posted on 4/28/2005)
- Memo dated March 29, 2005 (PDF) (17pp, 134k)
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.
- Federal Register Notice, May 12 (PDF) (17pp, 191k)
- Fact Sheet (PDF) (3pp, 25k)
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.
- Federal Register Notice, Apr 25 (PDF) (5pp, 68k)
- Fact Sheet (PDF) (3pp, 11k)
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.
- Federal Register Notice, Jul 16 (PDF) (3pp, 61k)
- Paperwork Reduction Act submission form (OMB 83-I) (PDF) (2pp, 59k)
- ICR Supporting Statement (PDF) (38pp, 226k)
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 EPAs
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.
- Federal Register Notice, Jun 10 (PDF) (90pp, 544k)
- Fact Sheet (PDF) (3pp, 32k)
- Press Announcement
- Public Hearing Information
- Since signing the May 18, 2004 supplemental proposal and prior
to the June 10, 2004 publication, EPA corrected errors as described
in the following memorandum:
- Memo dated June 10, 2004 (PDF) (1pg, 27k)
- Memo attachment (preamble) (PDF) (215pp, 421k)
- Memo attachment (regulatory text) (PDF) (373pp, 731k)
- Transcript from June 3, 2004, Public Hearing (PDF) (76pp, 253k)
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.
- Preamble (Federal Register, Jan 30) (PDF) (86pp, 556k)
- Fact Sheet (PDF) (3pp, 77k)
- Press Release
- Public Hearing Information
- Since signing the December 17, 2003 proposal and prior to the
January 30, 2004 publication, EPA corrected errors as described
in the following memoranda:
- Memo dated December 24, 2003 (PDF) (8pp, 265k)
- Memo dated January 8, 2004 (PDF) (1pg, 31k)
- Impacts of the Proposed Rule