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Interstate Transport

Interstate Transport. Next Steps and Impact on Pending SIPs. Interstate Transport Litigation. • July 6, 2011 - EPA finalized the Cross-State Air Pollution Rule (CSAPR)

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Interstate Transport

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  1. Interstate Transport Next Steps and Impact on Pending SIPs

  2. Interstate Transport Litigation • July 6, 2011 - EPA finalized the Cross-State Air Pollution Rule (CSAPR) • Requires 27 states to significantly improve air quality by reducing power plant emissions that contribute to ozone and/or fine particle pollution in other states • Replaces EPA's 2005 Clean Air Interstate Rule (CAIR) • December 30, 2011 - U.S. Court of Appeals for the D.C. Circuit issued its ruling to stay the CSAPR pending judicial review • March 1, 2012 - EPA filed its brief on the merits of the legal challenges to the CSAPR • April 13, 2012 - Oral argument • Court decision in EME Homer City Generation v. EPA on August 21, 2012 to vacate and remand the rule • CAIR remains in place pending promulgation of a replacement rule • No SIPs required till EPA identifies transport obligation

  3. Interstate Transport Litigation cont’d • 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 • November 19, 2012 - EPA issued a memo that provides guidance on pending actions affected by the CSAPR Court decision; petition for review of memo filed January 17, 2013 • On January 24, 2013, the Court denied EPA's petition for rehearing en banc • EPA assessing implications of court decision in following areas: • Interstate Transport SIP actions for 2006 PM2.5 and 2008 ozone NAAQS • Redesignation requests for PM2.5 and Ozone NAAQS • SIP Attainment Demonstration approvals • Action on Regional Haze SIPs that relied on CSAPR Better-than-BART rule • On March 29, 2013, the United States asked the Supreme Court to review the EME Homer City decision

  4. Questions to Ponder? • Do the SE states want flexibility to make final decisions on both defining the obligation and especially picking the remedy? • Do SE states prefer to work with other states to develop an alternative approach for crafting more effective remedies (compared to what EPA may propose)?

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