Please be advised that today, April 15, 2014, the U.S. Court of Appeals for the D.C. Circuit issued an opinion rejecting all challenges to the existing unit standards. Below is a list of the court’s key holdings:
- Upheld EPA’s appropriate and necessary determination under Clean Air Act § 112(n)(1)(a).
- Upheld EPA’s treatment of lignite-fired units, including EPA’s “Upper Prediction Limit” analysis for determining variability.
- Upheld EPA’s interpretation of Clean Air Act § 112(d) to allow emissions averaging.
- Upheld EPA’s data-collection process for setting MACT floors.
- Upheld EPA’s decision not to issue a blanket 1-year compliance extension for public power companies.
- Upheld the MATS monitoring requirements.
- Rejected UARG’s petition to delist coal-fired electric generating units from the list of sources regulated under Clean Air Act § 112.
For the court’s opinion, please click here.
The mandate that gives effect to the opinion will not be issued for another seven days to allow time for the parties to request rehearing. The MATS compliance date is April 16, 2015.