Monday, October 29, 2012

MATS Rule Reconsideration Request

A group of fossil fuel power generation developers have petitioned the U.S. District Court of Appeals in the District of Columbia to either expedite their case against the Environmental Protection Agency or order the agency to meet a deadline for revising the requirements of its Mercury and Air Toxics Standards (MATS). The developers originally sued the EPA over the requirements of the MATS program, which they contend are too burdensome and cannot be met in time for a variety of new coal- and oil-fired project to qualify for an exemption from the EPA's New Source Performance Standards (NSPS).

The court initially agreed with the developers, but in September put the case in abeyance while the EPA reconsidered the controversial parts of the MATS rules, with a deadline for finalizing changes by March 2013. The developers want to resolve the case  so they can meet the April 12, 2013 compliance deadline for exemption from NSPS. The developers are asking the court to issue a court order by November 15 that would force the EPA to comply with the March 2013 deadline or expedite the case so it can be resolved earlier.

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