On February 7, 2019, EPA published its proposed revised Supplemental Cost Finding for the Mercury and Air Toxics Standards (MATS) and risk and technology review. The proposal re-evaluates the cost of complying with the MATS rule for coal- and oil-fired power plants, and the associated benefits of regulating hazardous air pollutant (HAP) emissions from these sources. Based on its revised analysis, EPA has determined that it is not “appropriate and necessary” to regulate HAP emissions from power plants under Section 112 of the Clean Air Act.

Nonetheless, EPA is leaving the MATS rule in place and in effect and has completed the next steps in the regulatory process by evaluating whether there are residual risks or advances in control technologies, procedures or practices that warrant further regulation. EPA proposes to conclude that MATS protects public health with an ample margin of safety and based on that finding and the control technology review, no further regulation is necessary. For additional detail, see Troutman Sanders’ prior blog post on the proposal, available here.

The EPA will hold a public hearing on March 18, 2019 in Washington, DC.

Given the hearing date and the requirement under the Clean Air Act to keep the record open for at least 30 days following the public hearing, EPA is extending the deadline for written comments until April 17, 2019. A copy of the public hearing and comment extension notice can be found here.