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EPA/AR

RIN: 2060-AP50

Publication ID: Spring 2009

Title: ●Clean Air Interstate Rule (CAIR) Replacement Rule
Abstract: On May 12, 2005, the Environmental Protection Agency (EPA) promulgated the Clean Air Interstate Rule, commonly known as CAIR (70 FR 25162). CAIR used a cap and trade approach to reduce sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions. On July 11, 2008, the D.C. Circuit issued an opinion finding CAIR unlawful and vacating the rule. On December 23, the D.C. Circuit issued a decision on the petitions for rehearing of the July 11 decision. The court granted EPA's petition for rehearing to the extent that it remanded the cases without vacatur of CAIR. This ruling means that the CAIR rule remains in place, but that EPA is also obligated to promulgate another rule under 110(a)(2)(D) consistent with the court's July 11 opinion. This rulemaking is to fulfill our obligation to develop a rule consistent with the court decision.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: CAA title I

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	05/00/2010

Additional Information: SAN No. 5336
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Tim Smith Environmental Protection Agency Air and Radiation C539-04, Research Triangle Park, NC 27711 Phone:919 541-4718 Fax:919 541-5489 Email: smith.tim@epamail.epa.gov Rhea Jones Environmental Protection Agency Air and Radiation C539-04, Research Triangle Park, NC 27711 Phone:919 541-2940 Fax:919 541-5489 Email: jones.rhea@epa.gov