Flexible Implementation of the Mercury and Air Toxics Standards Rule

This memorandum directs the EPA Administrator to use Clean Air Act flexibilities to ensure smooth implementation of the new Mercury and Air Toxics Standards (MATS) Rule for power plants, emphasizing electric reliability while maintaining public health benefits. It instructs broad availability of a fourth compliance year and coordination with energy regulators and stakeholders.

Federal Register Open PDF 76 FR 80727

Impact dates

Date TBD
3-year compliance period from MATS Rule effective date under Clean Air Act
Date TBD
Additional 1 year under CAA section 112(i)(3)(B) for control installation
Date TBD
Additional flexibility under CAA section 113(a) for unusual circumstances

Key directives

Work with state and local permitting authorities to make additional compliance year broadly available under CAA section 112(i)(3)(B)
Promote early coordinated planning with DOE, FERC, state regulators, RTOs, NERC, and other stakeholders to maintain electric reliability
Make public information about anticipated use of CAA section 112(i)(3)(B) and section 113(a) authorities
Publish memorandum in Federal Register

Who is ordered

Administrator of the Environmental Protection Agency · Environmental Protection Agency

Timeline

Immediate

EPA directed to publish guidance on compliance flexibilities
coordination with DOE, FERC, and reliability organizations begins

Near term (90d)

state and local permitting authorities to receive guidance on broad availability of additional compliance year

Long term

3-year compliance period from MATS Rule effective date (with potential 4th year)
installation of pollution control equipment across U.S. power plant fleet
transition to cleaner electric power system

Risks & tensions

Tension between environmental health benefits and electric reliability concerns
Vague on specific triggers for invoking section 113(a) flexibility beyond 'unusual circumstances'
Reliance on voluntary coordination rather than binding mechanisms for reliability assurance