For more information on MATS please see our new white paper Rolling Back the Mercury and Air Toxics Standards: Proposed Withdrawal of “Appropriate and Necessary”, our MATS Rollback Tracker post, and our CleanLaw podcast with Kathy Fallon Lambert.
EPA’s rollback proposal is open for public comment until April 17th. There’s a public hearing at EPA for the proposed changes on Monday, March 18, from 8:00 a.m. – 6:00 p.m EDT.
February 16, 2012 – EPA Mercury and Air Toxics Standards Final Rule:
- Finds that it’s “appropriate and necessary” to regulate hazardous air pollutants from power plants under Section 112 of the Clean Air Act
- Sets pollution control standards for hazardous air pollutants from power plants
June 29, 2015 – Michigan v. EPA, Supreme Court:
- Rules that EPA improperly failed to consider cost in making the MATS “appropriate and necessary” finding
December 15, 2015 – D.C. Circuit Court of Appeals:
- Denies a motion to stay MATS
- Remands to EPA consideration of costs in determining whether it is appropriate and necessary to regulate power plant emissions under Section 112
April 25, 2016 – EPA Supplemental Appropriate and Necessary Finding:
- Confirms that after considering costs it remains necessary to regulate power plant emissions under Section 112.
July 10, 2018 – Utility Industry and Other Stakeholders:
- Report to EPA that industry has been in full compliance with MATS since April 2016
February 7, 2019 – EPA Reconsideration of Appropriate and Necessary Finding:
- Proposes withdrawal of appropriate and necessary finding and retention of pollution control standards
- Requests comment on whether withdrawal of appropriate and necessary finding authorizes EPA to rescind the MATS pollution control requirements