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CAIR Update

CAIR Update. Steve Scofield March 18, 2009. CAIR History. July 11, 2008 - D.C. Circuit Court of Appeals panel vacated CAIR September 24, 2008 - EPA petitioned the D.C. Circuit Court of Appeals for en banc rehearing of vacatur by panel

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CAIR Update

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  1. CAIR Update Steve Scofield March 18, 2009

  2. CAIR History July 11, 2008 - D.C. Circuit Court of Appeals panel vacated CAIR September 24, 2008 - EPA petitioned the D.C. Circuit Court of Appeals for en banc rehearing of vacatur by panel October 17, 2008 - D.C. Circuit Court issued an order directing the petitioners to file a response to EPA's petition for rehearing en banc

  3. CAIR History Cont’d • December 23, 2008 - the D.C. Circuit Court of Appeals remanded CAIR without vacatur • CAIR remains effective until replaced by the agency with a rule that comports with the Court’s July 11, 2008 opinion • The Court did not set any deadline for EPA to promulgate a replacement rule

  4. Principles in Approaching SIPs • Lock in reductions achieved or planned by EGUs and measures already adopted by States • Recognize that States may need to address EGU RACT, and adopt EGU and non-EGU measures • Focus on attaining as soon as possible

  5. CAIR Questions • How long will it take to develop new rule? • Will new rule include trading? • Will state budgets be more stringent? • What about transition issues (CAIR to “new CAIR”)? • How do we deal with other programs that rely on long-term CAIR reductions?

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