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ICAC Staff Prepare Memorandum Regarding MATS

Posted By Haley Armstrong, Monday, January 8, 2018

ICAC Staff Prepare Memorandum Regarding MATS

At a December Clean Air Act Advisory Council meeting, Bill Wehrum, Assistant Administrator for EPA's Office of Air and Radiation, addressed the agency's Clean Air Act priorities. Wehrum indicated he is "torn about what action to take over the Obama EPA's Mercury and Air Toxics Standards (MATS) rule for power plants", and he noted that “there is a lot of money left to be spent in this program” by utilities to comply. Wehrum also mentioned that EPA cannot ignore Supreme Court decisions critical of the agency's statutory interpretations on such matters and that “we are not going to wait around forever” to address MATS.

Given these comments and the ongoing interest that many ICAC members have expressed in the MATS rule as it continues to be considered at EPA, the ICAC staff has developed a memorandum summarizing the current status, the potential outcomes, and possible actions regarding MATS.

The memorandum:
1. Summarizes the current regulatory and litigation status of EPA’s Mercury Air Toxics Standard (MATS) (also known as the utility air toxics rule);
2. Outlines some possible legal and regulatory options that EPA may consider shortly and;
3. Suggests some possible actions for ICAC and its members to take in the months ahead to both monitor and possibly influence EPA’s actions regarding MATS.


To access the full memo, click here.

ICAC staff will continue to develop intelligence regarding EPA’s plans for MATS and strategize with interested members regarding possible ways in which to influence the outcome at EPA in ways that benefit ICAC.

For any questions, please contact Haley Armstrong (

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