EPA, states, and local governments all play important roles in reaching clean air goals. The proposed Transport Rule is one step the federal government is taking to fulfill its responsibilities to reduce interstate air pollution transport. At the same time, States and local agencies continue to work on local pollution control measures.
The Clean Air Act's "good neighbor" provision requires EPA to address the problem of interstate transport of air pollution. With today's proposal the Agency is renewing its commitment to fulfill this responsibility and setting in place a new approach, which can be updated as needed, to help solve the problems caused by air pollution crossing state borders.
Each time the national air quality standards are re-evaluated, EPA will evaluate whether new emission reductions will be required from upwind states. EPA will address interstate transport of air pollution with the exact same urgency that we and our state partners address their local nonattainment obligations.
The proposed rule would require NOx and SO2 emission reductions in 2012 and additional SO2 emission reductions in 2014.
Benefits and Costs of the Proposed Rule
The proposed rule would yield more than $120 to $290 billion in annual benefits in 2014. This far outweighs the estimated annual costs of $2.8 billion.
The emission reductions from this proposed rule would lead to significant annual health benefits. In 2014, this rule would protect public health by avoiding:
14,000 to 36,000 premature deaths,
21,000 cases of acute bronchitis,
23,000 nonfatal heart attacks,
26,000 hospital and emergency room visits,
1.9 million days when people miss work or school,
240,000 cases of aggravated asthma, and
440,000 upper and lower respiratory symptoms.
Air quality improvements would lead to increased visibility in national and state parks, and increased protection for sensitive ecosystems including, Adirondack and Appalachian lakes, coastal waters and estuaries, and sugar maple forests.
Replacing the Clean Air Interstate Rule
On May 12, 2005, EPA issued CAIR, and on April 26, 2006, EPA issued CAIR federal implementation plans (FIPs); these rules aimed to address the interstate transport of pollutants that contributed significantly to downwind nonattainment of the PM 2.5 and 8-hour ozone National Ambient Air Quality Standards established in July 1997.
In July 2008, the D.C. Circuit Court vacated CAIR and the CAIR FIPs, and subsequently, in December 2008, the Court remanded these rules without vacating them. The CAIR requirements are in place and CAIR regional control programs are operating while EPA responds to the remand - the proposed Transport Rule would replace CAIR, utilizing approaches consistent with the Court's opinion.
The proposed Transport Rule satisfies 3 requirements:
Fulfills EPA's legal obligation to provide federal implementation plans or FIPs to reduce air pollution that significantly affects another state
Clarifies state obligations to reduce pollution affecting other states under section the Clean Air Act
Responds to the court ruling vacating the 2005 CAIR and the 2006 CAIR FIPs
EPA intends to finalize this proposed rule as soon as possible to provide certainty for sources and states that emissions reductions will continue and greater needed reductions will occur in the future.
Although this rule gets larger emission reductions more quickly than CAIR required, additional emissions reductions will be needed to help states attain current and future air quality standards. EPA has begun the work necessary to apply today's proposed template to the upcoming 2010 ozone standard. The Agency plans to propose a transport rule to address that standard in 2011 and finalize it in 2012.
