On July 6, 2010, the US Environmental Protection Agency (EPA) proposed the Transport Rule which is designed to replace the current Clean Air Interstate Rule (CAIR). On December 23, 2008, the D.C. Circuit Court of Appeals granted EPA's petition to remand CAIR to the Agency to be "fixed" rather than be vacated, which was the Court's original (July 11, 2008) decision. The CAIR requirements will remain in effect until the Transport Rule becomes final. The Transport Rule affects electric generating units (EGUs) in 31 states and the District of Columbia. EGUs in Kansas, Nebraska and Oklahoma are now affected under the Transport Rule but were not previously affected in CAIR.
RMB notes that the proposed Transport Rule has not been published in the Federal Register. However, comments on the rule are due no later than sixty (60) days after publication in the Federal Register. A copy of the proposed Transport Rule is located in our FTP library. For more information, please contact Dru Sanders at (919) 791-3128.
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