Greta Jimenez
The Cross-State Air Pollution Rule (CSAPR) and the Clean Air Interstate Rule (CAIR) are two regulations implemented by the US Environmental Protection Agency (EPA) to address downwind ozone pollution. CSAPR, which replaced CAIR in 2005, requires 27-28 states in the eastern and central US to reduce power plant emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) that contribute to ground-level ozone and fine particle pollution in downwind states. The rule includes a 4-step process to address cross-state air pollution: identifying downwind areas with air quality issues, determining which upwind states are contributing to these problems, quantifying necessary upwind emission reductions, and implementing these reductions through permanent and enforceable requirements. The CSAPR Update, finalized in 2016, further reduces summertime NOx emissions from power plants in the eastern US.
| Characteristics | Values |
|---|---|
| Aims to address | Cross-state air pollution of certain pollutants |
| Number of steps in the process | 4 |
| Step 1 | Identifying downwind receptors that are expected to have problems attaining or maintaining clean air standards (NAAQS) |
| Step 2 | Determining which upwind states contribute to these identified problems in amounts sufficient to "link" them to the downwind air quality problems |
| Step 3 | Identifying upwind emissions that significantly contribute to nonattainment or interfere with maintenance of a standard by quantifying appropriate upwind emission reductions and assigning upwind responsibility among linked states |
| Step 4 | Reduce the identified upwind emissions via permanent and enforceable requirements (e.g. regional allowance trading programs) |
| Replacement for | EPA's 2005 Clean Air Interstate Rule (CAIR) |
| States affected | 27-28 states in the eastern half of the US |
| Facilities affected | Coal-, gas-, and oil-fired facilities |
| Emissions targeted | SO2 and NOX |
| Emissions sources targeted | Fossil fuel-fired electric generating units |
| EPA's modelling analysis projection for 2023 | No remaining nonattainment or maintenance areas for the 2008 Ozone NAAQS in the CSAPR Update region |
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What You'll Learn
- CSAPR's 4-step process to address cross-state air pollution
- Identifying downwind receptors that struggle to maintain clean air standards
- Determining which upwind states contribute to downwind air quality problems
- Reducing upwind emissions that interfere with maintenance of clean air standards
- CSAPR's impact on Texas
CSAPR's 4-step process to address cross-state air pollution
On July 6, 2011, the US Environmental Protection Agency (EPA) finalized the Cross-State Air Pollution Rule (CSAPR) to address air pollution from upwind states that crosses state lines and affects air quality in downwind states. CSAPR provides a 4-step process to address cross-state air pollution of certain pollutants:
- Identify downwind receptors: Identify downwind receptors that are expected to have problems attaining or maintaining clean air standards (i.e., NAAQS). These are the areas that are negatively impacted by cross-state air pollution and struggle to meet the National Ambient Air Quality Standards (NAAQS) set by the EPA.
- Determine upwind contributors: Determine which upwind states contribute to the identified problems in amounts sufficient to "link" them to the downwind air quality problems. This involves establishing the sources of air pollution that are affecting the downwind receptors.
- Identify significant upwind emissions: Identify upwind emissions that significantly contribute to nonattainment or interfere with the maintenance of a standard. This step involves quantifying appropriate upwind emission reductions and assigning responsibility for reducing emissions among the linked states.
- Reduce upwind emissions: Implement permanent and enforceable requirements to reduce the identified upwind emissions. This can include regional allowance trading programs, where authorizations to emit pollution (allowances) are allocated to affected sources based on state emissions budgets. Sources can buy, sell, or bank (save) allowances, as long as they hold enough allowances to account for their emissions by the end of the compliance period.
The CSAPR primarily focuses on reducing sulfur dioxide (SO2) and oxides of nitrogen (NOX) emissions, which contribute to the formation of fine particle (soot) pollution and ground-level ozone (smog). These emissions can have significant impacts on air quality and public health, not only locally but also in downwind states, affecting states hundreds of miles away.
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Identifying downwind receptors that struggle to maintain clean air standards
The Cross-State Air Pollution Rule (CSAPR) is a set of regulations by the US Environmental Protection Agency (EPA) that aims to reduce power plant emissions that cross state lines and contribute to ground-level ozone and fine particle pollution in other states. CSAPR provides a 4-step process to address cross-state air pollution of certain pollutants. The first step in this process is identifying downwind receptors that struggle to maintain clean air standards.
Downwind receptors refer to areas that are affected by emissions from upwind sources. These areas may struggle to meet health-based air quality standards, known as National Ambient Air Quality Standards (NAAQS). The EPA works to identify these downwind receptors that are expected to have problems attaining or maintaining the NAAQS.
The identification process involves analyzing data and projections to determine which areas are likely to exceed the allowable limits for pollutants such as ozone and fine particles (PM2.5). This process considers the impact of both local emissions and emissions from upwind sources on the air quality in these downwind receptors.
By identifying these downwind receptors, the EPA can then take targeted actions to improve air quality in those areas. This may include working with upwind states to reduce their emissions, implementing emission reduction strategies, and enforcing compliance with air quality standards.
Overall, the identification of downwind receptors that struggle to maintain clean air standards is a critical first step in the CSAPR's approach to addressing cross-state air pollution and protecting public health in affected areas.
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Determining which upwind states contribute to downwind air quality problems
The Cross-State Air Pollution Rule (CSAPR) provides a 4-step process to address cross-state air pollution of certain pollutants. The second step in the process involves determining which upwind states contribute to downwind air quality problems.
This step involves identifying the upwind states that are linked to the downwind air quality problems. Downwind states that are expected to have problems attaining or maintaining clean air standards (i.e. NAAQS) are identified first. Then, upwind states that contribute to these problems in amounts sufficient to "link" them to the downwind air quality issues are determined.
For example, in October 2019, the D.C. Circuit sided with New York Attorney General James in vacating the December 2018 final rule that did not require twenty upwind states to take any further steps to reduce ozone pollution drifting into downwind states. Similarly, in October 2019, New Jersey and Connecticut filed a lawsuit against the EPA for failing to address upwind states' contributions to their noncompliance with nitrogen oxide and smog pollution standards.
Additionally, under Section 126 of the Clean Air Act, a downwind state can petition the EPA to find that upwind states are causing its inability to comply with smog standards. This process helps identify and address the specific upwind states that are contributing to downwind air quality issues.
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Reducing upwind emissions that interfere with maintenance of clean air standards
The Cross-State Air Pollution Rule (CSAPR) is a regulation by the US Environmental Protection Agency (EPA) that requires 27 or 28 states in the eastern US to reduce power plant emissions that cross state lines and contribute to ground-level ozone and fine particle pollution in other states. The CSAPR NOX ozone season Group 2 trading program provides a 4-step process to address cross-state air pollution of certain pollutants:
- Identifying downwind receptors that are expected to have problems attaining or maintaining clean air standards (i.e., NAAQS).
- Determining which upwind states are contributing to these identified problems in amounts sufficient to “link” them to the downwind air quality problems.
- Identifying upwind emissions that significantly contribute to nonattainment or interfere with maintenance of a standard by quantifying appropriate upwind emission reductions and assigning upwind responsibility among linked states.
- Reducing the identified upwind emissions via permanent and enforceable requirements (e.g. regional allowance trading programs).
The CSAPR Update, finalized on September 7, 2016, further reduces summertime NOX emissions from power plants in the eastern US. It replaces the original CSAPR ozone season NOX program starting on May 1, 2017.
The CSAPR and its subsequent updates aim to reduce upwind emissions that interfere with the maintenance of clean air standards by requiring states to eliminate SO2 and NOX emissions that contribute to downwind nonattainment and interference with NAAQS. These provisions ensure that each state meets its pollution control obligations.
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CSAPR's impact on Texas
The Cross-State Air Pollution Rule (CSAPR) is a regulation by the US Environmental Protection Agency (EPA) that requires 27 or 28 states in the eastern US to reduce power plant emissions that cross state lines and contribute to ground-level ozone and fine particle pollution in other states. Texas is one of the states included in the CSAPR for the ozone and PM2.5 trading programs.
CSAPR provides a 4-step process to address cross-state air pollution:
- Identify downwind receptors that are expected to have problems attaining or maintaining clean air standards (i.e., NAAQS).
- Determine which upwind states contribute to these identified problems in amounts sufficient to “link” them to the downwind air quality problems.
- Identify upwind emissions that significantly contribute to nonattainment or interfere with maintenance of a standard by quantifying appropriate upwind emission reductions and assigning upwind responsibility among linked states.
- Reduce the identified upwind emissions via permanent and enforceable requirements (e.g. regional allowance trading programs).
In the case of Texas, the CSAPR required the state to reduce its emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx), which contribute to ground-level ozone and fine particle pollution in downwind states. On July 28, 2015, the US Court of Appeals for the D.C. Circuit found that the CSAPR 2014 SO2 and ozone season NOX budgets for Texas and certain other states were invalid because they required more emission reductions than were necessary. The EPA then issued a memorandum outlining two paths for states with remanded budgets: states could either voluntarily continue to participate in CSAPR at their current Phase 2 SO2 and annual NOX budget levels through a SIP revision, or they could develop an alternative budget that meets the remand requirements.
Overall, the impact of CSAPR on Texas has been to require the state to reduce its emissions of SO2 and NOx in order to improve air quality and protect public health in downwind states. This has involved quantifying the state's obligations and implementing FIPs to achieve those obligations at the state level. Texas has also had to submit certain forms to the EPA, including the Certificate of Representation (COR), which defines the Designated Representative (DR) and Alternate Designated Representative (ADR) for each affected source.
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