CAIR Rule Restored - Significance To Minnesota Air Permits

On December 23, 2008, the US Court of Appeals for the District of Columbia Circuit reversed its vacatur of the US EPA Clean Air Interstate Rule (CAIR). CAIR was intended to regulate interstate emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) contributing to nonattainment areas for fine particulate and ozone. The Court had vacated CAIR in July 2008, citing significant flaws in EPA’s regulations.

The recent ruling means that CAIR, as previously promulgated by EPA, will remain in place until such time as the EPA revises the rule, as per the instructions of the Court’s order in July.

This action is significant to some Minnesota permittees because of the relationship of CAIR to Regional Haze Rules. Prior to the July ruling, MPCA had determined that sources in Minnesota subject to CAIR would have no additional requirements under Regional Haze rules. With the rule being vacated, the application of Regional Haze requirements was in question. With the reversal in the Court's decision, MPCA might fall back to its original position.

Caltha LLP provides expert consulting services to Minnesota facilities subject to air permits and air emission rules.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: www.calthacompany.com

Two Minnesota offices - Minneapolis and Pine River