Clean Air Interstate Rule (CAIR)
On August 21, 2012, the U.S Court of Appeals for the DC Circuit issued a ruling vacating the U.S. Environmental Protection Agency's (EPA) Cross State Air Pollution Rule (CSAPR). On October 5, 2012, the asked the full Court for a rehearing of that decision, staying the Court's ruling. On January 24, 2013, the Court denied the EPA's request for a rehearing. On March 29, 2013, the EPA petitioned the U.S. Supreme Court to review the D.C. Circuit Court’s decision on CSAPR. The EPA's Clean Air Interstate Rule (CAIR) remains in effect. EPA is conducting outreach with states on the next steps in addressing the transport of air pollution across state lines.
CAIR is a program designed to reduce the amount of fine particulate matter and ozone that crosses state lines in the eastern United States. CAIR caps emissions of nitrogen oxides and sulfur dioxide and sets up a market for facilities to trade emissions credits.
On July 11, 2008, the U.S. Court of Appeals for the D.C. Circuit (Court of Appeals) vacated CAIR. Following petitions filed by parties in the litigation the Court of Appeals issued a subsequent opinion on December 23, 2008, wherein it remanded the CAIR to the U.S. Environmental Protection Agency (EPA) without vacatur.
CAIR is now in effect while EPA develops a replacement rule. South Carolina's CAIR regulations, at S.C. Regulation 61-62.96, went into effect on May 1, 2009, replacing the NOX SIP Call Program. DHEC implemented CAIR in South Carolina through a State Implementation Plan (SIP).
For more information please contact the Bureau of Air Quality at (803) 898-4123 or by email.