In the absence of legislative change, CATF works to leverage existing environmental laws to gain public health protections and combat climate change air pollution from the nation’s power plants and industrial boilers. The Obama Administration EPA is moving ahead on a number of regulatory issues long delayed by the previous administration and CATF is active on all, including:
Clean Air Act Maximum Achievable Control Technology (MACT)-based emissions standards for toxic air pollutants emitted by coal and oil-fired Power Plants
We are working toward a tough EPA hazardous air pollutant MACT rule for power plants that would cover not just mercury, but all heavy metals, dioxins, furans, and acid gases. CATF spearheaded the deadline litigation that resulted in EPA signing a consent decree, in 2009, agreeing to propose a HAPs MACT rule for coal plants next year.
Clean Air Transport Rule for Power Plant Nitrogen and Sulfur Reduction
CATF is working with EPA to issue a nitrogen oxides (NOx) and sulfur dioxide (SO2) regulation governing power plant emission in the eastern U.S. This rule would replace the Bush-era "Clean Air Interstate Rule" (CAIR) that was struck down by the appeals court but left intact pending action by EPA to replace it. The CAIR rule, enforcement of the Clean Air Act.s New Source Review provisions, and state regulations have cut NOx and SO2 emissions from power plants by nearly 50 percent since 2004. CATF has long been the lead advocate for stringent controls of power plant NOx and SO2 emissions in the eastern U.S., and we are now engaging with EPA to design a rule that finishes the job. EPA should strengthen and finalize its proposed Transport Rule. See CATF's testimony.
Clean Air Act New Source Performance Standards (NSPS) for Greenhouse Gas Emissions from new and existing fossil-fueled industrial boilers and energy generating units
Stringent CO2 performance standards for new and existing coal-fired power plants (through federal administrative work to force EPA to require new and existing plants meet such standards) and technology requirements for CO2 (New Source Performance Standards, New Source Review, and BACT), are important elements of our work. This work will manifest itself in at least two ways: in the EPA climate rulemakings and in challenges to individual permits. Specifically, in certain targeted permit fights, we will push permitting agencies and reviewing courts to require a full analysis of the performance standards applicable under the Clean Air Act and argue that the CAA requires that permitting agencies ensure stringent CO2 emissions standards are met. With EPA, we will continue our work on a host of rules to address greenhouse gases now in the pipeline, including CO2 performance standards, threshold requirements, and monitoring.
