Mercury and Air Toxics Standards: U.S. Senator Carper Letter to U.S. Environmental Protection Agency

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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United States Senator Tom Carper (D-Del.) sent a December 13th letter to the U.S. Environmental Protection Agency (“EPA”) Office of Information and Regulatory Affairs:

. . . expressing grave concerns regarding the Environmental Protection Agency’s (EPA) proposed reconsideration of the Supplemental Finding about Mercury and Air Toxics Standards (MATS) . . .

Senator Carper is currently the Ranking Member of the United States Senate Environmental and Public Works Committee.

The supplemental finding had been published on April 25, 2016, during the Obama Administration. See 81 Fed. Reg. 24420.

The December 13th letter notes that the supplemental finding by EPA addressing the Clean Air Act MATS previously stated that it is “appropriate and necessary” for the agency to regulate mercury and toxic air pollution from coal and oil fired power plants.

The letter provides the Senator’s perspective on topics such as:

  • Potential effects of mercury
  • Background on EPA’s issuance of the MATS rule
  • Appellate Court challenges to the rule
  • Office of Management and Budgets’ regulatory review – indicating potential review of the rule issues associated with quantification of the benefits of the rule
  • Discussion of the cost benefit analysis

A copy of the letter can be found here.

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