MATS, Take Two: EPA Still Supports The Rule (And EPA Is Correct)

Late last week, EPA issued a Supplemental Finding, concluding that it is still "appropriate and necessary" to regulate hazardous air pollutants from coal- and oil-fired electric generating units. The Supplemental Finding was necessary after the Supreme Court ruled earlier this year that EPA's original decision to regulate HAP emissions from EGUs was flawed because EPA did not consider costs in making the decision. Is the Supplemental Finding enough to ensure that the Mercury and Air Toxics rule is upheld this time around? Time will tell, but it should be.

EPA actually provided a separate Legal Memorandum in support of the Supplemental Finding. It makes interesting reading and it should be persuasive to any court that still takes Chevron seriously. Basically, EPA has reviewed the benefits of the rule and found that they are sufficient to justify the costs that would result from regulating HAP emissions from EGUs. Here are the highlights.