On April 15, the U.S. Court of Appeals upheld the Environmental Protection Agency’s (EPA) finalized Mercury and Air Toxics Standards (MATS). These key standards, originally published in February of 2012, dictate emission standards for many hazardous air pollutants (HAPs) typically emitted by power plants utilizing coal and oil as fuel sources.
The high-profile case, White Stallion Energy Center, LLC v. EPA, targeted a number of petitions against MATS, including the EPA’s use of the “appropriate and necessary” provision and lack of consideration for costs. The federal court determined that the EPA lawfully utilized Section 112(n)(1)(A) of the Clean Air Act (CAA), which states the EPA may regulate generating units if the standards are “appropriate and necessary” to mitigate public health hazards. Additionally, the court found that “112(n)(1)(A) neither requires EPA to consider costs nor prohibits EPA from doing so.” Though the costs of complying with MATS will likely cost the industry $9.6 billion per year, the EPA estimates the benefits would likely exceed $37 billion to $90 billion.
Click here to view the court’s final ruling in detail.
Written by: Absolute Consulting
Source: POWER Magazine