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New Development in EPA’s Clean Air Act Rules for Power Plants

Posted on 12/2/2015 by Roger Marks

In June of this year, the US Supreme Court ruled against US EPA’s new Clean Air Act rules for power plants, citing EPA’s failure to consider costs to industry as part of the rulemaking process when it set new Mercury and Air Toxics Standards (MATS) in a 2012 Final Rule. Not considering costs to industry, the Supreme Court said in Michigan vs. EPA, was “beyond the bounds of reasonable interpretation” of existing Clean Air Act rules.

Clean Air Act rules for power plants


In the December 1, 2015 Federal Register, US EPA published a supplemental finding to defend its inclusion of coal- and oil-fired Electric Utility Steam Generating Units (EGUs) on the list of sources in Section 112(c) of the Clean Air Act. In short, the supplemental finding purports to show that consideration of cost does not alter EPA’s determination about the need to regulate emissions from these sources.

Read EPA’s supplemental finding in the Federal Register.

EPA is requesting comments on the cost considerations laid out in the supplemental finding, including a cost-benefit analysis of the new air standards and expected costs to the power sector. If finalized after the comments have been reviewed, the finding will conclude that coal- and oil- fired EGUs are properly included on the Clean Air Act section 112(c) list of sources to be regulated.

Comments can be submitted under Docket ID no. EPA-HQ-OAR-2009-0234 at www.regulations.gov.

New Clean Air Act Regulations Now Available

A new online course is now available to help environmental engineers, EHS managers, and compliance officers keep their facilities in compliance with the US EPA’s Clean Air Act programs. The Clean Air Act Regulations guides professionals through compliance with Title V permit requirements, emissions and pollution controls, annual greenhouse gas (GHG) reporting, Risk Management Planning (RMP) responsibilities, and more. 

Build the expertise needed to make informed on-the-job decisions that help your site control pollution and maintain compliance. Interactive, easy to use, and available 24/7, the new online course will help you get up to speed with new and changing EPA clean air rules and protect your facility from costly EPA enforcement. 

Tags: Act, Air, Clean, EPA, new rules

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