Flexible Implementation of the Mercury and Air Toxics Standards Rule

[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Presidential Documents]
[Pages 80727-80728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33337]

Memorandum of December 21, 2011

Flexible Implementation of the Mercury and Air
Toxics Standards Rule

Memorandum for the Administrator of the Environmental
Protection Agency

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. 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.

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.

THE WHITE HOUSE,

Washington, December 21, 2011