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ARTICLE · 15 FEBRUARY 2012

FERC Staff Seeks Comments On Its Proposal For A Process To Advise The EPA

Hogan Lovells Cadwalader
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On January 30, 2012, the Federal Energy Regulatory Commission ("FERC" or "Commission") staff issued a White Paper explaining staff’s proposal on advising the Environmental Protection Agency ("EPA") in responding to requests for an extension of time to comply with EPA’s Mercury and Air Toxics Standards ("MATS").1 FERC staff is seeking comments on its proposal.

United StatesEnergy and Natural Resources
Kenneth Irvin
Kenneth Irvin
Sohair Ahmadi
Sohair Ahmadi
Joseph Williams
Joseph Williams
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On January 30, 2012, the Federal Energy Regulatory Commission ("FERC" or "Commission") staff issued a White Paper explaining staff's proposal on advising the Environmental Protection Agency ("EPA") in responding to requests for an extension of time to comply with EPA's Mercury and Air Toxics Standards ("MATS").1 FERC staff is seeking comments on its proposal.

MATS limits mercury, acid gases, and other toxic emissions from power plants. According to the final rule, entities subject to MATS must comply within three years of the MATS effective dates. Some affected sources, however, are eligible for a one-year extension, and some affected sources can apply to the EPA for an Administrative Order ("AO") allowing them to operate in noncompliance with MATS for one additional year. Such sources include: (1) electric generating units ("EGUs") that may affect reliability if they are deactivated; and (2) EGUs that may affect reliability due to delays related to installation

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