Biden EPA Announces Power Plant Rules to Curb Mercury, Other Toxins

A new proposal by the Biden administration to strengthen standards limiting emissions of mercury and other toxins could save lives in disproportionately low-income communities that lie near coal- and oil-fired power plants, said public health advocates on Wednesday as they urged the Environmental Protection Agency to quickly implement the rule.

EPA Administrator Michael Regan unveiled the administration's proposal to strengthen its Mercury and Air Toxics Standards (MATS), which took effect under former President Barack Obama in 2012.

The 2012 rule reduced mercury emissions by 90%—saving 11,000 lives per year, according to environmental legal firm Earthjustice—and the updated standards would require power plants to reduce emissions of mercury that have persisted over the past 11 years by 70%, as well as taking action to reduce lead, arsenic, and chromium emissions.

Mercury can cause developmental problems in infants and children and high levels of emissions pose a danger to the brain, heart, kidneys, lungs, and immune system of anyone exposed.

The other pollutants targeted by the rule have been linked to heart attacks, cancer, and developmental delays, and the EPA noted that compliance with the updated MATS "would also result in emissions reductions of fine particulate matter, sulfur dioxide, nitrogen oxides, and carbon dioxide nationwide," further improving public health.

"To safeguard public health and reduce the environmental injustice caused by previous administrations' failure to require adequate controls on power plants' pollution, EPA needs to do more."

For people who live close to coal- and oil-fired power plants, Regan said the rule will offer "historic protections."

"America is leading the way in innovation, and our work to protect public health is no different," said Regan. "By leveraging proven, emissions-reduction measures available at reasonable costs and encouraging new, advanced control technologies, we can reduce hazardous pollution from coal-fired power plants, protecting our planet and improving public health for all."

The EPA said the rule would result in public health benefits including preventing deaths and hospitalizations for respiratory and cardiovascular conditions, saving $2.4 billion to $3 billion from 2028-37.

Julie McNamara, deputy policy director for the Union of Concerned Scientists' Climate and Energy Program, welcomed the agency's proposed rule and urged the Biden administration to impose it promptly.

"Despite years of industry protestations, MATS yielded rapid and dramatic reductions of mercury pollution and other air toxics from coal-fired power plants when it finally entered into full effect in 2016," said McNamara. "These pollution reductions have saved lives that would have otherwise been cut short and improved lives that would have otherwise been permanently harmed—including harm to babies even before birth. But for all the good that MATS has brought, we must also reckon with the fact that all these towering benefits could and should have happened sooner, and lives were harmed in the time between."

"EPA cannot repeat that same delay today," McNamara added. "While MATS has driven enormous benefits to date, the fact remains that coal- and oil-fired power plants still release pollution that hurts people and the environment, and it is incumbent on EPA to act."

The EPA is accepting public comments on the proposed rule for 60 days and plans to hold a public hearing on the updated MATS before the final rule is set to take effect, likely in 2024.

Earthjustice pointed out that Regan acknowledged in his announcement the fact that a majority of power plants "are already achieving even lower emission levels than the proposed limits require."

"This shows that far greater reductions in power plants' toxic emissions are achievable," said the group. "To safeguard public health and reduce the environmental injustice caused by previous administrations' failure to require adequate controls on power plants' pollution, EPA needs to do more. The Biden administration should finalize the strongest possible updates to these vital protections.

The rule was announced a day after 150 environmental justice groups marched in Washington, D.C. to demand that President Joe Biden stop delaying rules to curb toxic pollution.

Updated MATS were among the coalition's demands, and lead rally organizer Chesapeake Climate Action Network (CCAN) said Wednesday that "the EPA has really felt the pressure in the days leading up to the event," noting that the agency also acted recently to approve strong truck emissions standards in California.

"These steps are huge. But our work isn't done yet," said the CCAN. "EPA still needs to move forward on several more key pollution rules."