Court Reverses CAIR Vacatur

Today (12/23/2008) the U.S. Court of Appeals for the District of Columbia Circuit reversed its vacatur of the U.S. Environmental Protection Agency’s (EPA) Clean Air Interstate Rule (CAIR). CAIR was intended to regulate interstate emissions of oxides of nitrogen (NOx) and sulfur dioxide (SO2) contributing to nonattainment areas for fine particulate and ozone. The Court vacated CAIR in July 2008, citing significant flaws in EPA’s regulations.

Today’s 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. Affected sources in Iowa should continue to implement the CAIR provisions as adopted by the Department of Natural Resources in 567 Iowa Administrative Code Chapter 34.

The Department will continue to monitor developments related to CAIR and provide additional updates when needed as the EPA begins the process of addressing the Court’s July order through a new rulemaking. If you have questions about the CAIR court decision or the status of implementation of CAIR provisions, please contact Christine Paulson at 515-242-5154 (christine.paulson@dnr.iowa.gov), or Jim McGraw at 515-242-5167 (jim.mcgraw@dnr.iowa.gov). A copy of the Court’s action is attached for reference.