The movement of ozone, particulate matter and other pollutants by wind currents, a phenomenon
known as interstate transport, can cause pollution levels to be elevated in downwind areas. Multiple actions have been taken to
address interstate transport:
- In 1990, Congress created the ten-state Ozone Transport Commission (OTC), directing
the states in the Northeastern U.S. to collaboratively find a solution to
persistent summertime ozone. The OTC set out to accomplish this goal, in part, by
implementing a regional trading program for NOx (an ozone precursor).
- In 1998, the U.S. EPA finalized the NOx SIP Call, ultimately setting up the
NOx Budget Trading Program (NBP), a new
program covering 20 states and the District of Columbia. The states in the
original OTC trading program joined the NBP.
- In 2005, EPA promulgated the Clean Air Interstate Rule (CAIR) to continue
to deal with interstate transport of fine particulate matter (caused by NOx and
SO2 emissions) and ozone. Under CAIR, the number of states in the trading
region was again extended to help states in their efforts. CAIR's emission
reduction requirements began in 2009/2010, and a second round of reductions is
required in 2015. CAIR was challenged in U.S. Court of Appeals for the District
of Columbia, which ultimately sent the rule back to EPA to fix flaws identified
by the court. However, the court allowed the CAIR emission reductions to take
effect in order to protect the environment.
- In 2011, EPA promulgated the Cross-State Air Pollution Rule (CSAPR) to
replace the remanded CAIR rule. EPA again relied on a trading program to
implement reductions, with the geographic region growing to include 28 states.
Like CAIR, CASPR was challenged in the courts. On August 21, 2012, the District
Court vacated CSAPR and told EPA to continue to administer CAIR while it dealt
with the flaws the court identified in CSAPR. The court did not set a
definitive schedule for EPA to replace CSAPR, only directing them to act expeditiously.