Final EPA Rule on Cross-State Air Pollution and Power Plants: Navigating State Implementation Plan Requirements

EPA Permits on the Creation of Limited Initial Bank Allowances

A live 90-minute CLE video webinar with interactive Q&A

Tuesday, June 15, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 21, 2021

or call 1-800-926-7926

This CLE webinar will discuss the final rule on reducing ozone season nitrogen oxide emissions released by electric generating units in 12 states. The panel will advise environmental counsel on the National Ambient Air Quality Standards (NAAQS) for ozone and other requirements under the "good neighbor" provision of the Clean Air Act, as well as the consequences and penalties for violations.


On Mar. 15, 2021, EPA finalized the Revised Cross-State Air Pollution Rule (CSAPR) Update for the 2008 ozone NAAQS. This final rule is issued under the "good neighbor" provision of the Clean Air Act and the D.C. Circuit's remand of the previous version of the CSAPR Update in Wisconsin v. EPA on Sept. 13, 2019.

The previous version of the CSAPR Update was issued in October 2016. The D.C. Circuit determined that it was unlawful because it allowed certain states to continue their significant contributions to downwind ozone nonattainment beyond the statutory dates that downwind states were required to comply with the NAAQS. The Revised CSAPR Update attempts to address the deficiencies identified by the D.C. Circuit.

As part of the Revised CSAPR Update, the EPA is issuing new or amended federal implementation plans for 12 states that will replace those states' existing CSAPR emissions budgets for power plants. The revised emission budgets will take effect with the 2021 ozone season and adjust through 2024. The 2021 emission budgets will require power plants in these states to take advantage of existing, already-installed selective catalytic reduction and selective non-catalytic reduction controls.

This is the first significant environmental regulation implemented under the current administration. Environmental counsel should prepare to advise on these changes and what these initial rule promulgations may mean for future environmental regulation and enforcement under the Biden EPA.

Listen as our authoritative panel addresses the changes to the "good neighbor" provision and the restrictions on cross-state air pollution under the revised CSAPR Update. The panel will discuss best practices under current environmental regulation and enforcement and what the state of future regulation may be.



  1. Previous CSAPR Update standards
  2. Wisconsin v. EPA
  3. New CSAPR Update standards
  4. Cross-state pollutant further regulation
  5. Best practices


The panel will review these and other relevant topics:

  • What portions of the CSAPR Update were found unlawful in Wisconsin v. EPA?
  • What are the new CSAPR Update standards?
  • How should facilities comply with the new CSAPR Update standards?
  • What does this environmental regulation tell us about future Biden administration actions?


Collins, Brendan
Brendan K. Collins

Ballard Spahr

Mr. Collins is the Practice Leader of the firm's Manufacturing Group. He is an environmental lawyer who devotes his...  |  Read More

Fotouhi, David
David Fotouhi

Gibson, Dunn & Crutcher

Mr. Fotouhi practices in the firm’s Litigation Department and is a member of the firm’s Environmental...  |  Read More

Thurlow, Matthew
Matt Thurlow

Baker & Hostetler

Mr. Thurlow is an environmental litigator with significant experience in environmental matters brought under the Clean...  |  Read More

Attend on June 15

Early Discount (through 05/21/21)

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Early Discount (through 05/21/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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