(KANSAS CITY, KS.) — Today, the Court of Appeals for the District of Columbia released its opinion vacating the Cross-State Air Pollution Rule ("CSAPR") in its entirety. CSAPR would have called for electric generating utilities like the BPU to meet stringent requirements for emissions of nitrogen oxides and sulfur dioxide through a cap-and-trade system and to do so in a very short timeframe. The Court's ruling focuses on the EPA's failure to properly account for the States' roles in controlling the interstate transport of air emissions and the regulation's "overcorrection" of estimated interstate transport of air emissions. BPU is in a large group of electric utilities and industries that challenged the rule. Today's ruling puts the role of Kansas and the role of science in perspective in these important EPA rulemakings.
CSAPR is one of many recent and pending rules promulgated by the EPA for further control of air emissions. The BPU has and will continue to adhere to all local, state, and federal environmental laws and regulations. The BPU has been evaluating options to reduce its overall emissions as a good environmental steward and in response to new and pending rules and will continue to do so.
CSAPR would have replaced a rule promulgated by EPA in 2005, the Clean Air Interstate Rule ("CAIR"). In 2005, EPA determined that Kansas was not subject to the CAIR rule because Kansas did not significantly affect downwind air quality. CAIR was challenged and struck down by the Court of Appeals for the District of Columbia for being "fundamentally flawed." CSAPR forced utilities in states that were not CAIR states into a compliance timeline that was unreasonable because it was much shorter than the five years allowed for compliance under CAIR.
Protecting the environment and the health of our community is paramount to BPU and its 600 employees that live and work in Wyandotte County. BPU is committed to providing a reliable, affordable, and safe electric supply, just as it has for more than 100 years.