Justice Scalia saw the need for tailoring as proof that EPA’s Triggering Rule was mistaken.
The EPA Speaks Out: The Clean Air Interstate Rule Explained
The Environmental Protection Agency reviews how the multi-pollutant control concept is to work.
On March 10, 2005, the Environmental Protection Agency (EPA) finalized the Clean Air Interstate Rule (CAIR) to reduce air pollution that moves across state boundaries in 28 Eastern states and the District of Columbia. When fully implemented, CAIR will reduce sulfur dioxide (SO 2) emissions in these states by more than 70 percent and nitrogen oxide (NO X) emissions by more than 60 percent from 2003 levels, resulting in more than $100 billion in health and visibility benefits per year by 2015. 1 EPA expects these air pollution reductions to be achieved largely through a proven emissions cap-and-trade program.
CAIR-one of the largest EPA initiatives ever undertaken-will go a long way in helping localities meet federal air quality standards. The rule, based on multi-pollutant control concepts that EPA first introduced nearly a decade ago, 2 is not without costs, benefits, and other impacts. 3
The Environmental Problem
Currently 132 areas do not meet the new National Ambient Air Quality Standards (NAAQS) for fine particles or ozone, that affect some 160 million people, or 57 percent of the U.S. population ( see Figure 1 ).4 SO 2 emissions contribute to the formation of fine particles and acid rain. NO X emissions contribute to ground-level ozone, the formation of fine particles, and acid rain. These air pollutants are linked to serious health consequences including premature death and heart attacks, as well as illnesses such as chronic bronchitis, asthma, and other respiratory problems. Sulfur and nitrogen deposition contribute to significant environmental problems including damage to sensitive ecosystems and impaired visibility in parks and residential areas.
The Clean Air Act (CAA) requires states to take action to address this environmental problem. However, because air pollution can travel long distances, one state's pollution often affects a downwind state's nonattainment areas. Consequently, an individual state significantly may reduce emissions from within its borders, but may not necessarily meet air quality standards ( see Figure 2 ). To address this "transport" problem, EPA developed a regional approach to the transport of emissions across state borders.