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Air Quality in Indiana

Air Quality in Indiana > CAIR and MATS CAIR and MATS

The Clean Air Interstate Rule (CAIR) remains effective until replaced by the U.S. EPA with a rule that comports with the Court’s July 11, 2008 opinion. The Court did not set any deadline for U.S. EPA to promulgate a replacement rule.

CAIR, Cross-State Air Pollution Rule (CSAPR) and Transport Rule Timeline

March 29, 2013: The U.S. Solicitor General has petitioned the Supreme Court to review the D.C. Circuit Court's decision on CSAPR.

January 24, 2013: The U.S. Court of Appeals for the D.C. Circuit denied U.S. EPA's petition for rehearing of the Court's August 2012 decision to vacate CSAPR.

October 5, 2012: The United States filed a petition seeking rehearing of the U.S. Court of Appeals for the D.C. Circuit's August 21, 2012 decision regarding U.S. EPA's CSAPR.

August 21, 2012: The U.S. Court of Appeals for the D.C. Circuit issued its ruling on CSAPR – to vacate the rule. Therefore CSAPR is stayed and the 2005 CAIR rule remains in effect until a decision has been made.

July 6, 2011: U.S. EPA finalized a rule that protects the health of millions of Americans by helping states reduce air pollution and attain clean air standards. This rule, known as the Cross-State Air Pollution Rule (CSAPR), requires states to significantly improve air quality by reducing power plant emissions that contribute to ozone and/or fine particle pollution in other states. In a separate, but related, regulatory action, U.S. EPA finalized a supplemental rulemaking on December 15, 2011 to require five states - Iowa, Michigan, Missouri, Oklahoma, and Wisconsin - to make summertime NOX reductions under the CSAPR ozone season control program.

December 23, 2008: The United States Court of Appeals for the D.C. Circuit issued its ruling on the petitions for rehearing of the court’s July 11 decision to vacate the Clean Air Interstate Rule (CAIR) and the associated federal implementation plan. The Court denied the petitions for rehearing en banc. However, the panel granted the petition for rehearing to the extent that it remanded the rule without vacatur.

March 10, 2005: U.S. EPA signed CAIR requiring 28 states and the District of Columbia to submit state implementation plan (SIP) revisions to reduce emissions of sulfur dioxide (SO2) and nitrogen oxide (NOx) from fossil-fuel-fired power plants. CAIR consists of three cap and trade programs: an annual SO2 trading rule that builds on the existing Acid Rain program; an ozone season NOx trading rule that builds on the existing NOx SIP Call program; and a new annual NOx trading program. Reductions are required to take place in two phases: 2009 and 2015 for NOx and 2010 and 2015 for SO2. Indiana has included non-EGUs from the NOx SIP Call in the CAIR ozone season trading program so that non-EGUs that were part of the NOx SIP Call trading rule (326 IAC 10-4) can continue to trade allowances.

Notices
CAIR NOx Allocations
Compliance Supplement Pool
CAIR Energy Efficiency & Renewable Energy Set-Aside
CAIR Permit Applications

The following forms come from U.S. EPA and are currently available on the IDEM Forms page:

  • CAIR Permit Application (Sources Covered Under the CAIR SIP) - Part 96
  • CAIR Permit Application (Sources Covered Under the FIP) - Part 97

Please include the GSD-01 form and coversheet (available on the IDEM Forms page)with all CAIR permit application submissions.

Submit CAIR permit applications to:

Indiana Department of Environmental Management
Office of Air Quality Air Permits Administration MC 61-53
100 North Senate Avenue IGCN 1003
Indianapolis, IN 46204-2251

Mercury and Air Toxics Standard (MATS)

March 28, 2013: U.S. EPA updated emission limits for new power plants under the MATS. The updates only apply to future power plants; do not change the types of state-of-the-art pollution controls that they are expected to install; and will not significantly change costs or public health benefits of the rule.

December 12, 2012: U.S. EPA has extended the comment period on the MATS reconsideration proposal by one week - until January 7, 2013.

November 16, 2012: U.S. EPA proposed to update emission limits for new power plants under MATS. The updates would only apply to future power plants; would not change the types of state-of-the-art pollution controls that they are expected to install; and would not significantly change costs or public health benefits of the rule.

July 20, 2012: U.S. EPA reviewed new technical information that was focused on toxic air pollution limits for new power plants under the MATS. This reconsideration does not cover the standards set for existing power plants.

December 21, 2011: U.S. EPA announced standards to limit mercury, acid gases and other toxic pollution from power plants. Transition to MATS from Clean Air Mercury Rule (CAMR)

Notice from the U.S. EPA: On February 8, 2008, the D.C. Circuit vacated the U.S. EPA’s rule removing power plants from the Clean Air Act list of sources of hazardous air pollutants. At the same time, the Court vacated CAMR.

On March 18, 2005, the U.S. EPA signed the Clean Air Mercury Rule (CAMR) to permanently cap and reduce mercury emissions from coal-fired power plants serving a generator larger than 25 megawatts that produces electricity for sale. The was to be based on “co-benefit” reductions; these are mercury reductions that will be achieved by reducing sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions under CAIR.

Contact

Indiana Department of Environmental Management
Office of Air Quality Compliance and Enforcement Branch MC 61-53
100 North Senate Avenue IGCN 1003
Indianapolis, IN 46204-2251

  • Phone: (317) 234-3495