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摘要

Last January, as a result of a lawsuit by Earthjustice, the US Environmental Protection Agency (EPA) found that 37 states subject to Regional Haze failed to submit State Implementation Plans (SIP) that meet the Regional Hazes rule requirements. This action starts a two-year "FIP clock" for EPA to issue a Federal Implementation Plan to replace the missing SIPs. Complicating the Regional Haze issue is the fact that EPA determined that the Clean Air Interstate Rule is better than best available retrofit technology (BART) for SO2 and NOx emissions from BART-eligible electric generating units. Another element of the Regional Haze rule is an emissions trading program that states can opt to use to meet the BART requirements.