On July 6, 2010, the United States Environmental Protection
Agency ("EPA") released a proposed rule designed to
address the transport of certain air pollutants across state
boundaries. Once finalized, the proposed rule, dubbed the "
Transport Rule", would replace the Clean Air
Interstate Rule ("CAIR"), promulgated in 2005. Although
still in effect, in 2008 CAIR was remanded to EPA by the U.S. Court
of Appeals for the District of Columbia Circuit in North
Carolina v. EPA. EPA anticipates that the Transport
Rule will be finalized in the late spring of 2011.
Basis for the Transport Rule
Section 110(a)(2)(D)(i)(I) of the Clean Air Act requires states
to prohibit emissions that contribute significantly to
nonattainment in, or interfere with maintenance by, any other state
with respect to any primary or secondary air pollution standard
(NAAQS). The Transport Rule would limit emissions of sulfur dioxide
(SO2) and nitrogen oxides (NOx) in 31 states
in the eastern portion
