EPA to Reconsider 2005 Clean-Air Rule

The U.S. Environmental Protection Agency (EPA) has announced that, because of a recent court opinion, it is reconsidering additional aspects of the Clean Air Interstate Rule (CAIR). This rule requires 28 states and the District of Columbia to reduce emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) from power plants. EPA issued the final CAIR on March 10, 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 CAIR. 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 to identify highly cost-effective emissions reductions.

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.

If requested, EPA will hold a public hearing on this issue for reconsideration on Jan. 17, 2005 in Washington, DC. Public comments on this issue will be accepted until February 16, 2006.

EPA has received 11 requests from states, environmental groups and power companies to reconsider certain aspects of the final CAIR rule. Through notices published in the "Federal Register" in August 2005 and December 2005, EPA began the reconsideration processes on five specific issues in CAIR and requested comment on those issues.

EPA expects to take final action on reconsideration of these issues by March 15, 2006. Information related to CAIR, this notice of reconsideration, and the issues for which EPA previously initiated processes of reconsideration, is available at www.epa.gov/cair/rule.html.