EPA’s repeal of updated standards allows more emissions of hazardous air pollutants from coal plants
WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) announced a final rule repealing updated standards for hazardous air pollutant (also called air toxics) emissions from coal-fired power plants. The standards (commonly referred to as the Mercury and Air Toxics Standards, or MATS) were strengthened in 2024 as part of a periodic review process to account for developments in control technologies for limiting these emissions (often referred to as a technology review). EPA’s repeal rule undoes this strengthening, thereby allowing more emissions of these hazardous air pollutants from coal plants and eliminating a requirement that the plants monitor their emissions of metal air toxics on a continuous basis.
“This repeal is an unprecedented, unlawful, and unjustified reversal that flies in the face of congressionally mandated efforts to reduce hazardous air pollution from industrial facilities,” said Hayden Hashimoto, attorney at Clean Air Task Force. “EPA’s repeal puts polluters’ interests over public health by loosening the limits on emissions of air toxics from power plants, which the agency itself has previously recognized as the largest domestic emitter of mercury and other hazardous air pollutants. Allowing more emissions of air toxics puts Americans at greater risk for the benefit of a small number of particularly dirty coal plants.”
The Clean Air Act requires stringent regulation of hazardous air pollutants, which include mercury—a potent neurotoxin—and hazardous air pollutants that have been linked to cancer. The 2024 rule was based on a robust record of developments and information showing that coal plants could cost-effectively achieve greater emissions reductions. In fact, the vast majority of coal plants have demonstrated they were capable of complying with the 2024 standards, which ensured some of the dirtiest plants perform at levels achieved by their peers. Not only has EPA failed to refute these findings with record evidence, but the agency undermines the repeal rule’s record by choosing not to monetize any of the benefits from reducing air pollution. The repeal of the continuous emissions monitoring requirement for metal air toxics is particularly unjustified because it is far superior to stack testing for ensuring compliance at modest cost. Continuous monitoring also increases transparency by making more information available to the public. Repealing this requirement further shows the agency prioritizing the interests of polluters over public health.
Hashimoto continued:
“As the text and structure of the statute show, Congress intended stringent regulation of air toxics emissions under section 112—including a prohibition where achievable—not to enable EPA to take the unprecedented action of weakening or repealing standards for favored industries. Executive orders and proclamations that express a naked preference for coal do not justify a rule that contravenes the statute and allows more emissions of hazardous air pollutants into the air. This action is also irrational and arbitrary, because there have been no developments in emissions control practices, processes, or technologies that would justify repeal since the 2024 standards were finalized, and the agency provides no compelling new information to support repeal.”
Press Contact
Samantha Sadowski, Senior Communications Manager, U.S., ssadowski@catf.us, +1 202-440-1717
About Clean Air Task Force
Clean Air Task Force (CATF) is a global nonprofit organization working to safeguard against the worst impacts of climate change by catalyzing the rapid development and deployment of low-carbon energy and other climate-protecting technologies. With 30 years of internationally recognized expertise on climate policy and a fierce commitment to exploring all potential solutions, CATF is a pragmatic, non-ideological advocacy group with the bold ideas needed to address climate change. CATF has offices in Boston, Washington D.C., and Brussels, with staff working virtually around the world. Visit catf.us and follow @cleanaircatf.
