Cross-State Air Pollution Rule
Regulatory Actions
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 - 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.
- CSAPR June Revisions Rule Federal Register (77 FR 34830, June 12, 2012) (PDF 17pp)
- Fact Sheet (PDF 252 KB)
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.
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.
- Final CSAPR Revisions Rule Federal Register (77 FR 10324, February 21, 2012) (PDF 17pp)
- Fact Sheet (PDF 222 KB)
Final Revisions Rule
The final revisions rule will enhance compliance flexibility and smooth the transition from the Clean Air Interstate Rule (CAIR) programs to the CSAPR programs.
- CSAPR Direct Final Rule Federal Register (77 FR 10342, February 21, 2012) (PDF 8pp)
- CSAPR Parallel Proposal Federal Register (77 FR 10350, February 21, 2012) (PDF 1pp)
- Fact Sheet (PDF 308 KB)
Direct Final Rule
In a separate but related rule, EPA is taking direct final action on several additional revisions to provide consistent technical adjustments to the CSAPR.
December 15, 2011 - EPA finalized a supplemental rule that includes five additional states - Iowa, Michigan, Missouri, Oklahoma, and Wisconsin - in the ozone season NOX program in the Cross-State Air Pollution Rule (CSAPR). EPA has concluded that these five states plus Kansas significantly contribute to nonattainment and/or interference with maintenance of the 1997 ozone NAAQS in other states.
- Supplemental Notice of Final Rulemaking Federal Register (76 FR 80760, December 27, 2011) (PDF 18pp)
- Fact Sheet (PDF 3pp, 80 KB)
- Presentation (PDF 33pp, 1.80 MB) Updated December 15, 2011 to reflect the final supplemental rule for CSAPR, the proposed technical revisions rule, recent implementation activities, and other information.
October 6, 2011 - EPA is proposing technical adjustments to the final Cross-State Air Pollution Rule (CSAPR). CSAPR is a sound, achievable, market-based program that will deliver strong public health protections. No changes are being proposed or contemplated to the core elements of the program. The proposed revisions will not affect the significant air quality improvements slated to occur under CSAPR, nor have a major impact on CSAPR's goal to reduce interstate transport of pollution to help downwind states in their efforts to attain and maintain the National Ambient Air Quality Standards (NAAQS).
- List of Speakers and Hearing Schedule for the October 28 Public Hearing on the proposed Revisions to the Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone.
- Statement on Proposed Revisions to Cross-State Air Pollution Rule (PDF 1p 54 KB)
- Proposed Revisions to the Cross-State Air Pollution Rule (PDF)
- Fact Sheet (PDF 4pp 139 KB)
- Hearing Notice for the Proposed Revisions to CSAPR (PDF 2pp)
- Proposed Revisions to the Cross-State Air Pollution Rule - State Budgets (PDF 1pp 133 KB)
- Transcript of public hearing on revisions to FIPs to reduce interstate transport of fine particulate matter and ozone (PDF 54pp)
July 6, 2011 - EPA finalized a rule that protects the health of millions of Americans by helping states reduce air pollution and meet Clean Air Act Standards. The Cross-State Air Pollution Rule (CSAPR) requires eastern and central states to significantly improve air quality by reducing power plant emissions that cross state lines and contribute to ground-level ozone and fine particle pollution in other states.
In a separate but related regulatory action, EPA also issued a supplemental notice of proposed rulemaking to require six states: Iowa, Kansas, Michigan, Missouri, Oklahoma, and Wisconsin to make summertime NOX reductions under the CSAPR ozone-season control program.
EPA also issued a "Notice of Data Availability Concerning Transport Rule Allowance Allocations to Existing Units" informing the public of the availability of detailed unit-by-unit data, calculations, and allowance allocation determinations in a technical support document for the final Cross State Air Pollution Rule. EPA is not requesting comments on the data made available through this NODA.
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Final Cross-State Air Pollution Rule (CSAPR)
- Final Cross-State Air Pollution Rule (CSAPR) Federal Register (76 FR 48208, August 8, 2011) (PDF 276pp 27 MB)
- Press Release
- Cross-State Air Pollution Rule Fact Sheet Updated July 18, 2011 (PDF 7pp 138 kb)
- Cross State Air Pollution Rule (CSAPR) Presentation (PDF 33pp, 1.80 MB) Updated December 15, 2011 to reflect the final supplemental rule for CSAPR, the proposed technical revisions rule, recent implementation activities, and other information.
- Regulatory Impact Analysis for the Final Cross-State Air Pollution Rule (PDF 414pp 5.2 MB)
You will need Microsoft Excel to view the Excel spreadsheet files on this page. Microsoft offers a Free Excel Viewer if you don't own Excel.
Supplemental Notice of Proposed Rulemaking
EPA received some requests to extend the comment period for the supplemental notice of proposed rulemaking (SNPR) related to the Cross-State Air Pollution Rule. The comment period on this rule ended on August 22, 2011. The supplemental proposal and all of the key supporting documentation and model results were posted on our website on July 7, 2011 and the SNPR was formally published in the Federal Register on July 11, 2011. We believe the comment period provided was sufficient for interested parties to review the supplemental proposal, and to prepare and submit public comment that was within the scope of the issues presented for public comment in the SNPR. As such, EPA has not extended the public comment period for this rulemaking.
- SNPR Fact Sheet (PDF 2pp 17 kb)
- Proposed SNPR (PDF 9pp) - Federal Register - July 11, 2011
Notice of Data Availability
- Notice of Data Availability (PDF 1 pp) Federal Register - July 18, 2011
- Allowance Allocation Final Rule TSD (PDF 19 pp, 345 Kb)
- *Final CSAPR Unit Level Allocations under the FIP (PDF 99 pp, 407 kb)
- *Final CSAPR Unit Level Allocations under the FIP and Underlying Data (Excel 4.1 MB)
*For annual SO2 and NOX allocations, tables include sources located in states covered by the CSAPR. For ozone-season allocations, tables include sources located in states covered by the final CSAPR as well as the 6 states that are included in the Supplemental Notice of Proposed Rulemaking for ozone-season NOX emission reductions.
Disclaimer: The official version of these documents will be in the docket when the rule is published in the Federal Register.
January 7, 2011 - EPA issued a "Notice of Data Availability For Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone: Request for Comment on Alternative Allocations, Calculation of Assurance Provisions Allowance Surrender Requirements, New-Unit Allocations in Indian Country and Allocations by States".
- Notice of Data Availability (PDF) (13pp, 196k) - Federal Register - Jan 7, 2011
- NODA Fact Sheet (PDF) (2pp, 31k)
- Alternative allocation tables and underlying data (Excel File) (7.1 MB) Note - Revised on 1/7/11 to correct minor calculation error in option 2 Ozone Season NOx allocations in the prepublication version.
- Alternative allocation tables (PDF) (210pp, 2.2 MB) Note - Revised on 1/7/11 to correct minor calculation error in option 2 Ozone Season NOx allocations in the prepublication version.
October 27, 2010 - Emissions inventories data supporting the CSAPR were made available for review.
- Notice of Data Availablility (PDF) (3pp, 155k)
- Access the data via EPA FTP site
- Emissions inventory information supporting the proposed rule
September 17, 2010 - EPA received and declined several requests to extend the comment period for the proposed Transport Rule. The comment period on this rule ended on October 1, 2010. The proposed rule and much of the key supporting documentation were posted on our website on July 6, 2010 and the rule was formally published in the Federal Register on August 2, 2010. We believe the comment period provided was sufficient for interested parties to review the rule, and prepare and submit input. This time frame allowed EPA to consider public comments and develop a final rule in time to obtain needed emissions reductions.
September 1, 2010 - EPA announced a Notice of Data Availability Supporting the Proposed Transport Rule
August 2, 2010 - EPA held three public hearings on the proposed Transport Rule. Each hearing began at 9 a.m. and continued until 8 p.m. The public was able to preregister to speak at the hearings at a specific time, or they could register in person on the day of the hearing and were worked in to openings in the schedule of speakers.
Federal Register Notice announcing public hearings (PDF) (2pp, 47k)
- August 19, 2010 - Wyndham Chicago. Preregistered List of Speakers (PDF) (1pg, 14k)
- August 26, 2010 - Radisson Plaza - Warwick Hotel Philadelphia. Preregistered List of Speakers (PDF) (2pp, 19k)
- September 1, 2010 - Renaissance Downtown Atlanta. Preregistered List of Speakers (PDK) (1pp, 12k)
July 6, 2010 - EPA proposed a rule that would significantly reduce emissions that contribute to fine particle and ozone pollution in the eastern United States.
- Proposed Rule (PDF) (256pp 1.5 MB) Federal Register - August 2, 2010
Note : The preamble to the proposed rule contains an error. As discussed in detail on preamble pages 45307-45309, EPA proposes to include provisions allowing for units to opt-in to the proposed trading programs. The proposed rule text includes opt-in provisions. However, language on page 45338 of the preamble, bottom of the 1st column, and on page 45340 of the preamble, middle column, erroneously states that the proposal does not allow units to opt-in. EPA believes that the proposal as written makes it clear that the Agency is proposing to allow units to opt in to the Transport Rule trading programs. - Fact Sheet (PDF) (6pp, 52k)
- Overview Presentation 7/26/10 (PDF) (35pp, 833k)
- Table: Impacts of the Proposed Transport Rule on Counties with Monitors Projected to have Ozone and/or Fine Particle Air Quality Problems (PDF) (8pp, 170k)
- Regulatory Impact Analysis for the Proposed Transport Rule (PDF) (386pp, 5.2 MB)
- Corrections Notice (PDF) (3pp, 148k) - Federal Register - September 14, 2010