Cross-State Air Pollution Rule Update Published in the Federal Register

EPA’s Cross-State Air Pollution Rule (CSAPR) Update for the 2008 Ozone National Ambient Air Quality Standards (NAAQS) was published in today’s Federal Register, 81 Fed. Reg. 74,504, triggering the start of the 60-day deadline to file a petition for review.*

As discussed in an earlier post, the update finalizes new or revised Federal Implementation Plans and sets new summertime (May–September) ozone season Nitrogen Oxide (NOx) emission budgets for power plants in 22 eastern states.  Although the Clean Air Act provides that petitions for review of EPA actions under 42 U.S.C. § 7410 should generally be filed in the federal appellate circuit where the action is applicable, the update includes a determination that the rulemaking is “nationally applicable” and of “nationwide scope and effect.”  As such, petitions for review of the update must be filed in the U.S. Court of Appeals for the D.C. Circuit.

* The 60th day falls on December 25. If you are considering a petition for review, you should consult legal counsel to clarify the appropriate date. This blog does not provide legal advice.

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