Does Minnesota remain in CAIR?
As part of the July 2008 decision, the Court held that EPA had failed to respond to claim that inclusion of Minnesota in CAIR and CAIR FIPs was based on erroneously high emissions projections for Minnesota EGUs and vacated and remanded CAIR and the CAIR FIP with regard to Minnesota. In its rehearing request, EPA did not ask for rehearing on this matter. At this point Minnesota remains in CAIR. However, in October 2008, EPA stated, in a letter to petitioner Minnesota Power, that the Agency intended to stay on remand effectiveness of CAIR and CAIR FIPs with regard to Minnesota. This letter was part of briefs filed with the Court. On January 15, 2009, EPA’s proposal to stay the effectiveness, for Minnesota only, of CAIR and the CAIR FIP was signed. The proposal has not yet been published in the Federal Register because the new administration is reviewing all actions that were signed but not yet published in the Federal Register.
