On October 22, the Environmental Protection Agency (“EPA”) filed notice with the federal court in Washington, D.C., that it would issue final maximum achievable control technology (“MACT”) standards for coal- and oil-fired power plants by Fall 2011.
The federal Clean Air Act requires the EPA to set and periodically review limitations on emissions of hazardous air pollutants (“HAPs”) for several sources, and the EPA’s limitations for coal- and oil-fired power plants were due in 2002.
Rather than set limitations for the power plants, EPA issued the Clean Air Mercury Rule (“CAMR”). But a federal court struck down CAMR in an early 2008 opinion titled New Jersey v. EPA, 937 F.2d 649 (D.C. Cir. 2008), which can be found here: http://pacer.cadc.uscourts.gov/docs/common/opinions/200802/05-1097a.pdf.
Subsequently, several medical and environmental groups sued the EPA last winter for its failure to set emissions limitations for coal- and oil-fired power plants. That case is called American Nurses Association v. Jackson, No. 08-2198 (D.D.C.).
As a result, last Thursday the EPA informed the federal court hearing the case that it had reached a settlement with the plaintiffs, and that it would sign a “notice of proposed rulemaking” by March 16, 2011, and a “notice of final rulemaking” for publication no later than November 16, 2011.
Once the “notice of proposed rulemaking” is published, the public will have an opportunity to comment on the proposed limitations on emissions of HAPs by coal- and oil-fired power plants. Afterward, the EPA will consider the public comments and issue the final rule.
The Consent Decree can be found by clicking here.
Posted on
Monday, November 2, 2009
by Ivan L. London