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ARTICLE · 22 MARCH 2018

DC Circuit Upholds CSAPR As "Better Than BART" Under Regional Haze Program

Troutman Pepper Locke LLP
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On March 20th, the DC Circuit upheld EPA's June 2012 "CSAPR = BART Rule," establishing that compliance with EPA's Cross State Air Pollution Rule, will satisfy the Best Available Retrofit Technology...

United StatesEnvironment
Margaret Campbell
Margaret Campbell
Mack McGuffey
Mack McGuffey
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On March 20th, the DC Circuit upheld EPA's June 2012 "CSAPR = BART Rule," establishing that compliance with EPA's Cross State Air Pollution Rule (CSAPR) will satisfy the Best Available Retrofit Technology (BART) requirements for SO2 and/or NOx under the Regional Haze Rules for electric generating units (EGUs) subject to CSAPR.   Under the Regional Haze Program, EPA has issued regulations that allow the Agency to approve alternatives to BART if EPA finds that the controls are "better than BART."

The Court also upheld EPA's decision in that same rulemaking to rescind its determination that the Clean Air Interstate Rule (CAIR) will satisfy BART requirements (CAIR = BART) and related disapprovals of individual state SIPs that relied on CAIR = BART.

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