EPA’s new Cross State Air Pollution Rule

Section 110(a)(2)(D)(i) of the Clean Air Act requires that the State Implementation Plan of each state must contain “four distinct requirements related to the impacts of interstate transport. The SIP must contain adequate provisions prohibiting sources in the state from emitting air pollutants in amounts which will: (1) contribute significantly to nonattainment of the NAAQS in any other state; (2) interfere with maintenance of the NAAQS in any other state; (3) interfere with provisions to prevent significant deterioration of air quality in any other state; or, (4) interfere with efforts to protect visibility in any other state.”

This is commonly referred to as the “Good Neighbor” provision. What that mean is that the upwind state must not pollute downwind states.

The Bush Administration came up with its Clean Air Interstate Rule (CAIR) that was subsequently vacated by a federal judge in 2008. The Obama EPA has just finalized its own version called Cross State Air Pollution Rule (CSAPR). This new rule will impact power plants in 28 eastern and midwest states. It will require them to reduce the inter-state pollution caused by their emissions.

Click here for a PowerPoint presentation of CSAPR.

Click here for an interactive map to show which state’s air pollution impacts what states based on wind and weather patterns.  For example, power plants from Florida impact Texas. Texas power plants in turn impact Michigan, Illinois, Missouri, Oklahoma, Arkansas and Louisiana.


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