Moving Forward on the Mercury and Air Toxics Standards

Janet McCabe Janet McCabe

By Janet McCabe

Today, we are proposing a notice that supplements the Mercury and Air Toxics Standards (MATS). Specifically, we are proposing to find that including a consideration of cost does not change the agency’s determination that it is appropriate to regulate air toxics, including mercury, from power plants.

Power plants are the largest source of mercury in the United States. Mercury is a neurotoxin that can damage children’s developing nervous systems, reducing their ability to think and learn.  Three years ago, we issued MATS, which requires power plants to reduce their emissions of mercury and other toxic air pollutants as well, protecting Americans from a host of avoidable illnesses and premature death. All told, for every dollar spent to make these cuts, the public is receiving up to $9 in health benefits. The vast majority of power plants began making the pollution reductions needed to meet their MATS requirements in April of this year and the rest will begin doing so in April of 2016.

After MATS was issued, the federal Circuit Court of Appeals for the District of Columbia and the Supreme Court both upheld the standards in the face of a host of challenges – but in a narrow ruling the Supreme Court ruled that the EPA should have considered costs when determining whether to regulate toxic air emissions from the power sector.

With today’s proposal, we are addressing the Supreme Court’s decision: we have evaluated several relevant cost metrics, and we are proposing to find that taking consideration of cost into account does not alter our determination that is appropriate to set standards for toxic air emissions from power plants.

In the proposed supplemental finding, we considered the power industry’s ability to comply with MATS and maintain its ability to perform its primary and unique function – the generation, transmission and distribution of electricity—at reasonable costs to consumers. These analyses demonstrate that the costs and impacts of MATS are reasonable and that the power sector can cut mercury and other toxics while continuing to provide all Americans with affordable, reliable electricity. And with MATS still in place today, the steps that many plants across the country have already taken to reduce toxic air emissions and comply with the final standards show that the standards really are achievable.

For 45 years the Clean Air Act has been working to clean up the air that we breathe while our economy has grown. MATS is an important step in our progress towards cleaner air and healthier children, as today’s proposal confirms. We will be accepting comments for 45 days after the proposed supplemental notice is published in the Federal Register. A copy of the proposed notice and a fact sheet are available on our website. We look forward to hearing from you.

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