2060-AP50 201004 Unified Agenda of Federal Regulatory and Deregulatory Actions 2060 Air and Radiation AR 2000 Environmental Protection Agency EPA Transport Rule (CAIR Replacement Rule) On May 12, 2005, the Environmental Protection Agency (EPA) promulgated the Clean Air Interstate Rule, commonly known as CAIR (70 FR 25162). The 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 parts of the 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 the CAIR. This ruling means that the CAIR remains in place, but that EPA is obligated to promulgate another rule under Clean Air Act section 110(a)(2)(D) consistent with the court's July 11 opinion. This action would fulfill our obligation to develop a rule consistent with the July 11, 2008, and December 23, 2008, D.C. Court decisions. Economically Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes Private Sector Not Yet Determined Clean Air Act title I Yes NPRM 06/00/2010 Final Action To Be Determined SAN No. 5336; EPA Docket information: EPA-HQ-OAR-2009-0491. No No Local State Undetermined No No Tim Smith 2060 Air and Radiation AR 919 541-4718 919 541-5489 smith.tim@epamail.epa.gov C539-04, Research Triangle Park NC 27711 Rhea Jones 2060 Air and Radiation AR 919 541-2940 919 541-5489 jones.rhea@epamail.epa.gov C539-04, Research Triangle Park NC 27711