Air Toxics Rule Remains In Force While EPA Completes Cost Consideration

In a significant victory to EPA, environmental groups and clean energy companies, the D.C. Circuit Court of Appeals on December 15 remanded EPA's Maximum Achievable Control Technology (MACT) rule for air toxics to the agency without vacating it.  The remand keeps the rule in force while EPA finishes the cost analysis mandated by the U.S. Supreme Court in Michigan v. EPA (No. 14-46, June 29, 2015).  Although the D.C. Circuit's remand order noted that EPA is "on track" to complete its cost analysis by April 15, 2016, the order did not set a deadline for completion.  As a result of the decision not to vacate the MACT rule, it remains in force.  EPA's proposed cost consideration was published on November 20, and comments were taken until January 15.  EPA's proposed completion date—April 15—is the same date by which power plants that have a one-year extension must comply with the rule's requirements.