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ARTICLE · 09 NOVEMBER 2016

EPA Publishes Final "Update" To The Cross State Air Pollution Rule

EPA's update to the Cross State Air Pollution Rule is designed to address interstate transport issues under the 2008 ozone standard.

United StatesEnvironment

EPA's update to the Cross State Air Pollution Rule is designed to address interstate transport issues under the 2008 ozone standard. The rule establishes Federal Implementation Plans (FIPs) for 22 states in the eastern half of the U.S. (see map below) and requires ozone season NOx reductions directly from fossil fuel fired Electric Generating Units (EGUs) in those states. The rule is styled as an "update" to the Cross State Air Pollution Rule because it uses the same regulatory frameworks, with some updates, as EPA's original Cross State Air Pollution Rule, which was finalized in 2011, vacated by the DC Circuit but ultimately upheld by the Supreme Court. Most of the states subject to the CSAPR Update rule were also subject to the original CSAPR rule with the exception of Kansas, which will be new to the ozone season NOx program under the CSAPR Update Rule. The rule establishes new, more stringent ozone season NOx emissions budgets for each state subject to the rule, and

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