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EPA/AR RIN: 2060-AP50 Publication ID: Fall 2010 
Title: Transport 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). 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 temporarily 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. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: Private Sector 
CFR Citation: 40 CFR 51, 52, 72, 78, 97     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 7401 et seq   
Legal Deadline:  None

Statement of Need: The Clean Air Transport Rule is necessary to help States address interstate transport of pollutants from upwind States to downwind nonattainment areas. Specifically, the rule is needed to respond to the remand of the Clean Air Interstate Rule by the U.S. Court of Appeals for the D.C. Circuit.

Summary of the Legal Basis: The Clean Air Transport Rule is needed to help States address the requirements of section 110(a)(2)(D)(i) of the Clean Air Act. This section requires States to prohibit emissions that contribute significantly to downwind nonattainment with the national ambient air quality standards or which interfere with maintaining the standards in those downwind States.

Alternatives: To be determined.

Anticipated Costs and Benefits: The proposed rule would yield more than $120 to $290 billion in annual benefits in 2014. This far outweighs the estimated annual costs of $2.8 billion for that year. Both the annual benefits and costs are in 2006 dollars. The emission reductions from this proposed rule would lead to significant annual health benefits. In 2014, this rule would protect public health by avoiding: 14,000 to 36,000 premature deaths, 21,000 cases of acute bronchitis, 23,000 nonfatal heart attacks, 26,000 hospital and emergency room visits, 1.9 million days when people miss work or school, 240,000 cases of aggravated asthma, and 440,000 upper and lower respiratory symptoms. Air quality improvements would lead to increased visibility in national and State parks, and increased protection for sensitive ecosystems including, Adirondack and Appalachian lakes, coastal waters and estuaries, and sugar maple forests.

Risks: To be determined.

Timetable:
Action Date FR Cite
NPRM  08/02/2010  75 FR 45210   
NODA  09/01/2010  75 FR 53613   
NPRM Correcting Amendments  09/14/2010  75 FR 55711   
NPRM Comment Period End  10/01/2010    
Final Action  07/00/2011    
Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b25be1; EPA Docket information: EPA-HQ-OAR-2009-0491
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Energy Effects: Statement of Energy Effects planned as required by Executive Order 13211.  Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.epa.gov/airtransport  
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
RIN Data Printed in the FR: No 
Agency Contact:
Gabrielle Stevens
Environmental Protection Agency
Air and Radiation
6204J,
Washington, DC 20460
Phone:202 343-9252
Email: stevens.gabrielle@epa.gov

Meg Victor
Environmental Protection Agency
Air and Radiation
6204J,
Washington, DC 20460
Phone:202 343-9193
Email: victor.meg@epa.gov