EPA Final Cross-State Air Pollution Rule
Summary: Cross-State Air Pollution Rule (CSAPR)
Get more information on the Texas SIP and contact the TCEQ
CSAPR Summary
On July 6, 2011, the United States Environmental Protection Agency (EPA) finalized a rule requiring 28 eastern states to reduce power plant emissions that contribute to pollution from ozone and fine particulate matter (PM2.5) in other states. The final rule was published in the Federal Register on August 8, 2011 (76 FR 48208, PDF) 
. The rule is intended to help eastern states meet Federal Clean Air Act obligations regarding interstate transport of air pollution for the 1997 ozone and PM2.5 and 2006 PM2.5 National Ambient Air Quality Standards. The rule requires reductions in ozone season nitrogen oxide (NOx) emissions that cross state lines for states under the ozone requirements, and reductions in annual sulfur dioxide (SO2) and NOx for states under the PM2.5 requirements. To assure emissions reductions, the EPA is promulgating federal implementation plans (FIPs) for each of the states covered by the rule; states may choose to develop SIP revisions to replace the FIP after implementation. The final rule replaces the EPA’s Clean Air Interstate Rule (CAIR).
Texas is included in the CSAPR FIP for the ozone and PM2.5 trading programs, though was initially proposed only for inclusion in the ozone trading program. The ozone-season NOx budget for Texas is 63,043 tons per year. The annual NOx budget for Texas is 133,595 tons per year, and the annual SO2 budget is 243,954 tons per year. To see unit-level allocations for EGUs in Texas, please visit the EPA’s allocation table (PDF) . For information regarding potential impacts of CSAPR in Texas, please see the "Cross-State Air Pollution Rule: Impacts to Texas," presentation developed by TCEQ staff.
Latest CSAPR Actions
On September 8, 2011, the Attorney General for the State of Texas filed with the EPA a petition for reconsideration and stay of CSAPR as it applies to Texas.
The Attorney General for the State of Texas filed with the United States Court of Appeals for the District of Columbia Circuit a petition for review on September 20, 2011, and a motion for partial stay of the final rule on September 22, 2011.
On October 14, 2011 the EPA published proposed revisions to CSAPR in the Federal Register (76 FR 63860, PDF) . The EPA proposed revisions to state budgets and individual unit allocations based on updated information on controls available at certain facilities and existing agreed orders. The proposal would also delay the start of assurance provision requirements until the 2014 trading period.
On December 30, 2011, the United States Court of Appeals for the D.C. Circuit granted the State of Texas’ request to stay the EPA’s cross-state air pollution rule. The court’s ruling stays the CSAPR’s implementation pending the court’s full review of the petition for review. The ruling also orders EPA to continue to administer the Clean Air Interstate Rule (CAIR) pending the court’s resolution of the petition for review. Please visit our CAIR allocation Web page for more information on the continuation of the CAIR rule.
Related Web pages
EPA CSAPR Technical Information
TCEQ Emissions Banking and Trading under CAIR
