August 23, 2011

From Clean Air Transport to Cross-State Air Pollution: EPA's New Rule

The Clean Air Act makes states primarily responsible for the quality of their air. But what happens when pollutants travel from one state to cause air quality concerns in another? The Bush administration attempted to effect the Clean Air Act’s "good neighbor" requirement--that states cooperate with each other in air pollution reduction--through the Clean Air Interstate Rule (CAIR). Although CAIR was struck down by the U.S. Circuit Court of Appeals for the District of Columbia in 2008, the court allowed it to remain in place while the EPA revised the rule.

A year ago, the Obama administration proposed its Clean Air Transport Rule, which was finalized in July 2011 as the Cross-State Air Pollution Rule (CSAPR). The new regulations require power plants to cut sulfur dioxide and nitrogen oxides emissions that cause soot and smog. In this seminar, experts addressed what the Cross-State Air Pollution Rule (CSAPR) requires of industry; the potential benefits and drawbacks of the new regulation; and how CSAPR differs from CAIR and the once-proposed Clean Air Transport Rule. The discussion also included an examination of whether and how the CSAPR helps states to be in compliance with the Clean Air Act even when emissions are in another jurisdiction.

PANELISTS:
Kathleen C. Bassi, Of Counsel, Schiff Hardin LLP (Moderator)
David Marshall, Senior Counsel, Clean Air Task Force
John McManus, Vice President of Environmental Services, American Electric Power
Sonja Rodman, Office of General Counsel, U.S. EPA

MATERIALS:
Kathleen Bassi, " Cross-State Air Pollution Rule: How Did We Get Here?"
David Marshall, " EPA's Cross-State Air Pollution Rule: An Environmental Perspective"
Sonja Rodman, "Cross-State Air Pollution Rule: Reducing Air Pollution/Protecting Public Health"
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