The EPA issued a significant new rule called the Cross State Air Pollution Rule (CSAPR) last year in an attempt to control air emissions that are claimed to impact the air quality of other states that are down wind, causing air quality damage to those areas. These rules would be applied to 27 states in the Eastern half of the United States.

However, on Dec. 30, 2011, the U.S. Court of Appeals for the District of Columbia ordered a stay be placed on the implementation of the CSAPR rules until the court had a chance to study it in more detail. In its description and interpretation of the court’s order, the emotions of the EPA leaked through quite clearly.

CSAPR was written by the EPA after the courts previously ordered the 2005 Clean Air Interstate Rule (CAIR) to be illegal and needed to be replaced. CAIR was an attempt by the EPA to comply. The EPA had attempted to address major air control issues by applying the 1997 ozone National Ambient Air Quality Standards, the CSAPR and the Mercury and Air Toxic Standards (MATS) to industries. Just days after MATS was announced, states filed in the courts to have the orders further reviewed before implementation.

In the Feb. 6, 2012 issue of the Federal Register volume 77 number 24, the EPA explained their interpretation of the court’s order to stay the rule. Read the actual Federal Register text at using this link.