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Mercury and Air Toxics Standards

Proposed Revised Supplemental Finding and Results of the Residual Risk and Technology Review

On December 27, 2018, EPA issued a proposed revised Supplemental Cost Finding for the Mercury and Air Toxics Standards, as well as the Clean Air Act required “risk and technology review.”  After taking account of both the cost to coal- and oil-fired power plants of complying with the MATS rule (costs that range from $7.4 to $9.6 billion annually) and the benefits attributable to regulating hazardous air pollutant (HAP) emissions from these power plants (quantifiable benefits that range from $4 to $6 million annually), as EPA was directed to do by the United States Supreme Court, the Agency proposes to determine that it is not “appropriate and necessary” to regulate HAP emissions from power plants under Section 112 of the Clean Air Act.  The emission standards and other requirements of the MATS rule, first promulgated in 2012, would remain in place, however, since EPA is not proposing to remove coal- and oil-fired power plants from the list of sources that are regulated under Section 112 of the Act.

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