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Clean Air Act: Mercury and Air Toxics

This guide supports Dr. Preston McLane's class on the Clean Air Act.

Overview

On May 3, 2011 the Environmental Protection Agency proposed national emission standards for hazardous air pollutants (NESHAP from coal- and oil-fired electric utility steam generating units (EGUs) and standards of performance for fossil-fue-fired electric utility, industrial-commercial-institutional, and small industrial-commercial-institutional steam generating units ("National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units") (76 FR 24976).  Final Rules were published on February 16, 2012 (77 FR 9304).  

The National Emission Standards for Hazardous Air Pollutants (NESHAP) rule issued pursuant to Clean Air Act (CAA) § 112 is referred to as the Mercury and Air Toxics Standards (MATS) NESHAP.  

The New Source Performance Standards rule issued pursuant to CAA § 111 is referred to as the Utility NSPS. 

The Administrator received petitions for reconsideration of certain issues in the final rules. In 2012, The Environmental Protection Agency took final action on its reconsideration of those issues on April 24, 2013 (78 FR 24073).

The U.S. Circuit Court for the District of Columbia upheld the rules in White Stallion Energy Ctr. v. EPA, 748 F.3d 1222 (D.C. Cir. 2012). 

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