The newest ruling on the Clean Air Interstate Rule will require that entities continue to comply with the original CAIR, including new, upgraded or modified air pollution control equipment or buying and selling emissions credits.
After throwing out the original Clean Air Interstate Rule (CAIR) in July 2008 — only six months before it was slated to take effect — the U.S. Court of Appeals for the District of Columbia decided in December 2008 to instead remand the case back to the U.S. Environmental Protection Agency without vacatur. CAIR requires 28 states to reduce levels of NOx and SO2 under a system of cap-and-trade provisions.
As when CAIR was originally tossed, there may be some uncertainties regarding the future and how emissions-reduction projects should proceed. While the court maintains its position that the rule is flawed, the EPA has advised that the original CAIR program is still in effect until the EPA modifies the rule per the court’s July 2008 opinion.
In turn, the NOx State Implementation Plan (SIP) Call has expired with the start of the CAIR NOx program.
Fortunately, the approach taken by many Burns & McDonnell clients, and which we recommend, has been to continue with original plans to comply with CAIR. Those plans could include new, upgraded or modified air pollution control equipment, or intentions to buy or sell emissions credits.
For more information, contact Karen Burchardt, 816-822-3430.