EPA Proposes Transport Rule to Replace CAIR: New Rule Governs Air Emission from Utilities Only


In two previous Client Alerts, we have reported the vacation of the Clean Air Interstate Rule ("CAIR") by the Circuit Court for the District of Columbia in North Carolina v. EPA, 531 F.3d 896 (2008) (North Carolina I) and CAIR's subsequent, temporary resuscitation by the Circuit Court, North Carolina v. EPA, 550 F.3d 1176 (2008) (North Carolina II), pending the drafting of a replacement rule by EPA. On July 6, 2010, the EPA released its draft of the proposed replacement, the Transport Rule. This article summarizes the new rule and highlights issues for which the EPA is expressly soliciting public comments.

The Transport Rule is specifically directed at emissions from electric generating units ("EGUs") in classes 2211, 2212 and 2213 of the North American Industry Classification System (NAICS). Like CAIR, the Transport Rule is intended to help downwind states achieve EPA's National Ambient Air Quality Standards ("NAAQS") for fine particulate matter (pM2.5) and ozone (O3). Also like CAIR, the Transport Rule actually regulates sulfur dioxide (SO2)—a chemical precursor of pM 2.5— and nitrogen oxides (NOx)—a chemical precursor of both pM 2.5 and O3— generated by upwind states.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reed Smith | Attorney Advertising

Written by:


Reed Smith on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.