Tag: Mercury
EPA: Mercury Rules for Coal, Oil Power Units Not ‘Appropriate and Necessary’
Because compliance costs to coal- and oil-fired power plants for the Mercury and Air Toxics Standards (MATS) far exceed quantifiable benefits to regulating hazardous air pollutant (HAP) emissions, the Trump administration has proposed it is not “appropriate and necessary” to regulate HAP emissions from power plants under Section 112 of the Clean Air Act (CAA), according to a document signed by acting Environmental Protection Agency (EPA) administrator Andrew Wheeler on Dec. 27.
However, the EPA did not propose to remove coal- and oil-fired power plants from the list of source categories regulated under that section of the CAA, which means the 2012-finalized MATS remains in place. The EPA’s proposal, released publicly Dec. 28, is outlined in a revision to the agency’s final supplemental cost finding for MATS, which was required by a U.S. Supreme Court decision in June 2015.
The agency on Friday also made public proposed results of the long-awaited MATS risk and technology review (RTR). The separate evaluations of risk and technology are required under CAA Section 112 every eight years after final HAP standards go into effect to determine if new developments should be incorporated into the standards.…
D.C. Circuit Halts Clean Power Plan, Mercury Rule Litigation
In two separate actions over the past 24 hours, the D.C. Circuit granted the Environmental Protection Agency’s (EPA’s) request to suspend cases challenging the Clean Power Plan and the Mercury and Air Toxics Standards (MATS).
The orders are the latest in a series of similar actions over the past month by the D.C. Circuit that paused other major cases challenging Obama-era environmental rules to give the Trump administration more time to review them.
On April 11, the court granted the EPA’s motion to indefinitely delay a decision on challenges to the agency’s 2015 National Ambient Air Quality Standards (NAAQS) for ozone in Murray Energy Corp. v. EPA (No. 15-1385). On April 24, it shelved oral arguments in challenges to the EPA’s rule that requires 36 states to revise emissions exemptions in their state implementation plans for startup, shutdown, and malfunction events at power plants and other facilities. That case, Walter Coke, Inc., et al v. EPA (No. 15-1166), may be reopened depending on the action the EPA decides to take.…
Trump’s EPA Signals Changes for Power Plant Mercury Rule
The Trump administration is “closely” reviewing the Environmental Protection Agency’s (EPA’s) final cost consideration finding for its Mercury and Air Toxics Standards (MATS) to determine whether it should reconsider the rule or some part of it, it said in an April 18 federal court filing.
The EPA filed a motion with the D.C. Circuit urging the court to delay oral arguments scheduled on May 18 for a case filed by an assortment of coal producing and generating companies, which are challenging the agency’s “Supplemental Finding That It Is Appropriate and Necessary To Regulate Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units.”
Delay and Deflect
In its court filing, the agency said that it needs more time as it “intends to closely review the Supplemental Finding, and the prior positions taken by the Agency with respect to the Supplemental Finding may not necessarily reflect its ultimate conclusions after that review is complete.”
The Obama administration’s EPA issued the final supplemental finding a year ago after a divided Supreme Court in June 2015 (in Michigan v.…