November 3, 2014
On October 23, 2014 the U.S. Court of Appeals for the D.C. Circuit lifted its stay of the U.S. Environmental Protection Agency’s Cross State Air Pollution Rule (CSAPR) according to a report from Public Power Daily.
The regulation would require 28 upwind states to reduce emissions of nitrogen oxide (NOx), sulfur dioxide and particulate matter to achieve attainment of three National Ambient Air Quality Standards (NAAQS) in downwind states.
The U.S. Supreme Court in April 2014 upheld the rule, but remanded back certain legal issues to the appeals court to address. The appeals court has yet to address those issues, but their resolution is not expected to materially impact the overall rule. Oral arguments on these outstanding issues are scheduled for March 11, 2015.
Compliance options under the rule begin in 2015. Phase one emission budgets will apply on January 1, 2015, for the annual programs and May 1, 2015, for the ozone season NOx program and again in 2016. Phase two emission budgets will apply beginning in 2017 and subsequent years.
Most states are expected to be able to comply with their phase one targets. Power plant retirements that are taking place because of the Mercury and Air Toxics Standards will likely make compliance with phase two targets achievable by most states. However, some states are expected to be in the market for allowances and some may need to take actions to further reduce emissions.
Twenty-eight states are covered by the regulation
The 28 states covered by the regulation are: Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
What this means to you
With the CSAPR stay lifted, EPA will now begin implementing the first phase of its rule in January of 2015. The first phase of CSAPR compliance targets SO2 and annual NOX reductions for ozone season. The second phase of CSAPR increases the stringency of SO2 reductions in several states.
MIRATECH can help
Contact MIRATECH for NOx emissions compliance solutions.