Senate Introduces Resolution to Overturn Cross-State Air Pollution Rule Update to 2008 NAAQS

Date: February 3rd, 2017

Explanation: Congressional action

Agencies: EPA

A joint resolution was introduced in the Senate (S.J.Res. 21) to overturn the Cross-State Air Pollution Rule (CSAPR) update to the 2008 Ozone national ambient air quality standards (NAAQS) using the Congressional Review Act (CRA). The CRA allows the House and Senate to nullify any recently finalized federal regulation by a simple majority vote in both chambers (subject to presidential approval).

Cross‐State Air Pollution Rule (CSAPR)

In August 2011, EPA published the final Cross-State Air Pollution Rule (CSAPR). The rule replaced EPA’s 2005 Clean Air Interstate Rule (CAIR). The rule establishes a regulatory framework for reducing interstate sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from power plants in “upwind” states that contribute to non-attainment with, or impaired maintenance of, National Ambient Air Quality Standards (NAAQS) for ozone and fine particulate matter (PM2.5) in “downwind” states. In December 2011, EPA supplemented the final rule to cover additional states for certain pollution. EPA has also issued minor revisions to the rule’s compliance deadlines since it has been finalized. As of January 2017, the CSAPR requires 28 states in the eastern United States to reduce power plant emissions of SO2, annual NOX, and ozone season NOX affecting downwind states.

The U.S. Supreme Court upheld the CSAPR in EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014), reversing the D.C. Circuit Court of Appeals’ 2012 overturn of the rule. With the litigation ended, EPA began implementing Phase I of the CSAPR in 2015. EPA is scheduled to begin implementing Phase II in 2017, which would require certain states to make additional reductions in SO2 emissions.

In September 2016, EPA finalized Federal Implementation Plans (FIPs) in the CSAPR Update to address air quality impacts of the interstate transport of ozone air pollution in the eastern United States.

Rule Documents: