GLIN==> White House message on power plant rule

But unfortunately this good news comes at the same time that the 
Administration is under new attacks from the chemicals and agriculture 
industries in yet another effort to derail and delay the dioxin report. 
Which is not to detract from immensity of finally implementing the mercury 
and air toxics rule!!

At 01:41 PM 12/21/2011, ajs at sagady.com wrote:
>President Barack Obama's EPA publishes the power plant mercury and
>air toxics rule.....which will have a major effect on mercury emissions
>from sources in Michigan and is necessary to begin reducing
>deposition of mercury to Michigan lakes and water bodies.
>
>I seem to recall that Michigan Attorney General Bill Schuette was
>trying to derail these rules.
>
>Note that this action reverses the decision made during the Bush Presidency
>not to regulate airborne toxicant emissions from power plants under
>Section 112 of the Federal Clean Air Act.
>
>====================================
>
>THE WHITE HOUSE
>
>Office of the Press Secretary
>
>For Immediate Release December 21, 2011
>
>December 21, 2011
>
>MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL
>
>PROTECTION AGENCY
>
>SUBJECT: Flexible Implementation of the Mercury and Air Toxics Standards Rule
>
>Today's issuance, by the Environmental Protection Agency (EPA), of the 
>final Mercury and Air Toxics Standards rule for power plants (the "MATS 
>Rule") represents a major step forward in my Administration's efforts to 
>protect public health and the environment.
>
>This rule, issued after careful consideration of public comments, 
>prescribes standards under section 112 of the Clean Air Act to control 
>emissions of mercury and other toxic air pollutants from power plants, 
>which collectively are among the largest sources of such pollution in the 
>United States. The EPA estimates that by substantially reducing emissions 
>of pollutants that
>
>
>contribute to neurological damage, cancer, respiratory illnesses, and 
>other health risks, the MATS Rule will produce major health benefits for 
>millions of Americans -- including children, older Americans, and other 
>vulnerable populations. Consistent with Executive Order 13563 (Improving 
>Regulation and Regulatory Review), the estimated benefits of the MATS Rule 
>far exceed the estimated costs.
>
>The MATS Rule can be implemented through the use of demonstrated, existing 
>pollution control technologies. The United States is a global market 
>leader in the design and manufacture of these technologies, and it is 
>anticipated that U.S. firms and workers will provide much of the equipment 
>and labor needed to meet the substantial investments in pollution control 
>that the standards are expected to spur.
>
>These new standards will promote the transition to a cleaner and more 
>efficient U.S. electric power system. This system as a whole is critical 
>infrastructure that plays a key role in the functioning of all facets of 
>the U.S. economy, and maintaining its stability and reliability is of 
>critical importance. It is therefore crucial that implementation of the 
>MATS Rule proceed in a cost-effective manner that ensures electric 
>reliability.
>
>Analyses conducted by the EPA and the Department of Energy (DOE) indicate 
>that the MATS Rule is not anticipated to compromise electric generating 
>resource adequacy in any region of the country. The Clean Air Act offers a 
>number of implementation
>
>flexibilities, and the EPA has a long and successful history of using 
>those flexibilities to ensure a smooth transition to cleaner technologies.
>
>The Clean Air Act provides 3 years from the effective date of the MATS 
>Rule for sources to comply with its requirements. In addition, section 
>112(i)(3)(B) of the Act allows the issuance of a permit granting a source 
>up to one additional year where necessary for the installation of 
>controls. As you stated in the preamble to the MATS Rule, this additional 
>fourth year should be broadly available to sources, consistent with the 
>requirements of the law.
>
>The EPA has concluded that 4 years should generally be sufficient to 
>install the necessary emission control equipment, and DOE has issued 
>analysis consistent with that conclusion. While more time is generally not 
>expected to be needed, the Clean Air Act offers other important 
>flexibilities as well. For example, section 113(a) of the Act provides the 
>EPA with flexibility to bring sources into compliance over the course of 
>an additional year, should unusual circumstances arise that warrant such 
>flexibility.
>
>To address any concerns with respect to electric reliability while 
>assuring MATS' public health benefits, I direct you to take the following 
>actions:
>
>1. Building on the information and guidance that you have provided to the 
>public, relevant stakeholders, and permitting authorities in the preamble 
>of the MATS Rule, work with State and local permitting authorities to make 
>the additional year for compliance with the MATS Rule provided under 
>section 112(i)(3)(B) of the Clean Air Act broadly available to sources, 
>consistent with law, and to invoke this flexibility expeditiously where 
>justified.
>
>2.
>
>2. Promote early, coordinated, and orderly planning and execution of the 
>measures needed to implement the MATS Rule while maintaining the 
>reliability of the electric power system. Consistent with Executive Order 
>13563, this process should be designed to "promote predictability and 
>reduce uncertainty," and should include engagement and coordination with 
>DOE, the Federal Energy Regulatory Commission, State utility regulators, 
>Regional Transmission Organizations, the North American Electric 
>Reliability Corporation and regional electric reliability organizations, 
>other grid planning authorities, electric utilities, and other 
>stakeholders, as appropriate.
>
>3. Make available to the public, including relevant stakeholders, 
>information concerning any anticipated use of authorities: (a) under 
>section 112(i)(3)(B) of the Clean Air Act in the event that additional 
>time to comply with the MATS Rule is necessary for the installation of 
>technology; and (b) under section 113(a) of the Clean Air Act in the event 
>that additional time to comply with the MATS Rule is necessary to address 
>a specific and documented electric reliability issue. This information 
>should describe the process for working with entities with relevant 
>expertise to identify circumstances where electric reliability concerns 
>might justify allowing additional time to comply.
>
>3
>
>This memorandum is not intended to, and does not, create any right or 
>benefit, substantive or procedural, enforceable at law or in equity by any 
>party against the United States, its departments, agencies, or entities, 
>its officers, employees, or agents, or any other person.
>
>You are hereby authorized and directed to publish this memorandum in the 
>Federal Register.
>
>BARACK OBAMA
>
>========================================
>Alex J. Sagady & 
>Associates       <http://www.sagady.com/>http://www.sagady.com/
>Twittering at: http://www.twitter.com/enviroenforcer
>
>Environmental Enforcement, Permit/Technical Review, Public Policy, Expert 
>Witness Review and Litigation Investigation on Air, Water and 
>Waste/Community Environmental and Resource Protection
>
>Prospectus at: http://www.sagady.com/sagady.pdf
>
>657 Spartan Avenue, East Lansing, MI 48823
>(517) 332-6971; ajs at sagady.com
>========================================
>
>
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Lin Kaatz Chary, PhD, MPH
Indiana Toxics Action
c/o 7726 Locust Avenue
Gary, IN  46403   USA
VOICE: (219) 938-0209
FAX:  (435) 603-0498
lchary at sbcglobal.net

ITAP: Analysis - Education - Action  
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