GLIN==> White House message on power plant rule

Hi Lin and Alex and all,

 

I have been thinking back to all our heroic efforts to get the Air Toxics
section into the 1990 Clean Air Act, and remembering that sickening feeling
watching the house floor debate on C-Span, and realizing that in a quick and
slippery floor vote, they had just pulled out mercury from the list we had
developed based on the IJC and Water Quality Agreement list of priority
bioaccumulative airborne toxic chemicals.  I was livid at the time.  Now,
maybe at last, we'll have cracked the mercury barrier in the U.S.
Congratulations to all who have worked on this over the last 20 years.
Somewhere, a loon is calling out "it's about time!"

 

Jane

 

From: glin-announce-bounces at great-lakes.net
[mailto:glin-announce-bounces at great-lakes.net] On Behalf Of Lin Kaatz Chary
Sent: Thursday, December 22, 2011 7:29 AM
To: ajs at sagady.com; enviro-mich at great-lakes.net;
glin-announce at great-lakes.net
Subject: Re: 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/ 
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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