Clean Air Interstate Rule (CAIR)
CAIR is a Federal regional emissions trading program developed for states within the eastern region of the United States. It is designed to mitigate interstate transport of nitrogen oxides (NOx) and sulfur dioxide (SO2) to help reduce ozone and fine particulate matter (PM2.5)formation in CAIR states located in the eastern United States. A map of CAIR impacted states is available on the Environmental Protection Agency's web site. A link to that site is provided in the right column of this web page.
The Department has adopted three Clean Air Interstate Rules (CAIR) that will establish New York State's portion of the cap-and-trade programs. These rules consist of Part 243, CAIR NOx Ozone Season Trading Program; Part 244, CAIR NOx Annual Trading Program; and Part 245, CAIR SO2 Trading Program. CAIR permit applications are also available in the right column of this web page.
Current status of CAIR programs
On July 11, 2008, the U.S. Court of Appeals for the D.C. Circuit issued an opinion vacating and remanding CAIR; however, parties to the litigation requested rehearing of aspects of the Court's decision, including the vacatur of the rules.
On December 23, 2008, the Court granted rehearing only to the extent that it remanded the rules to EPA without vacating them. This ruling leaves CAIR and the CAIR SIPs - including New York's CAIR trading program - in place until EPA issues a new rule to replace CAIR in accordance with the July 11, 2008 decision.
On July 6, 2011, EPA adopted the Cross-State Air Pollution Rule (CSAPR) to replace CAIR. Similar to CAIR, CSAPR was a multi-state emissions trading rule. On August 21, 2012, the US Court of Appeals for the D.C. Circuit issued an opinion that vacated CSAPR. On March 29, 2013, the US Solicitor General petitioned the Supreme Court requesting review of the Court of Appeals decision.
Meanwhile, CAIR remains in place until a replacement rule that satisfies the Courts is adopted.