[House Document 119-74]
[From the U.S. Government Publishing Office]
119th Congress, 1st Session - - - - - - - - - - - - - House Document 119-74
PROCLAMATION REGARDING NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: COAL- AND OIL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS
REVIEW OF THE RESIDUAL RISK AND TECHNOLOGY REVIEW
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A PROCLAMATION PROVIDING EXEMPTION FOR CERTAIN STATIONARY SOURCES FROM
COMPLIANCE WITH THE FINAL RULE PUBLISHED BY THE ENVIRONMENTAL
PROTECTION AGENCY TITLED ``NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS
AIR POLLUTANTS: COAL- AND OIL-FIRED ELECTRIC UTILITY STEAM GENERATING
UNITS REVIEW OF THE RESIDUAL RISK AND TECHNOLOGY REVIEW'', PURSUANT TO
42 U.S.C. 7412(i)(4); PUBLIC LAW 91-604, SEC. 4(a); (84 STAT. 1686)
July 22, 2025.--Message and accompanying papers referred to the
Committee on Energy and Commerce and ordered to be printed
To the Congress of the United States:
Consistent with applicable law, including section 112(i)(4)
of the Clean Air Act, 42 U.S.C. 7412(i)(4), I hereby report
that I have issued a proclamation providing exemption for
certain stationary sources from compliance with the final rule
published by the Environmental Protection Agency titled
National Emissions Standards for Hazardous Air Pollutants:
Coal- and Oil-Fired Electric Utility Steam Generating Units
Review of the Residual Risk and Technology Review, 89 FR 38508
(Rule), which amended the preexisting Mercury and Air Toxics
Standards rule to make it more stringent.
As reflected in the proclamation of July 17, 2025
(Regulatory Relief for Certain Stationary Sources to Further
Promote American Energy) ( Proclamation), coal-fired
electricity generation is essential to ensuring that our
Nation's grid is reliable and that electricity is affordable to
the American people, and to promoting our Nation's energy
security. The Federal Government plays a pivotal role in
ensuring that the Nation's power supply remains secure and
reliable. Forcing energy producers to comply with unattainable
emissions controls jeopardizes this mission.
In the Proclamation, I determined that the technology to
implement the Rule is not available. Such technology does not
exist in a commercially viable form sufficient to allow
implementation of and compliance with the Rule by its
compliance date of July 8, 2027. I further determined in the
Proclamation that it is in the national security interests of
the United States to issue an exemption from the Rule to
certain stationary sources subject to the Rule, as identified
in Annex I of the Proclamation. The effect of this exemption is
to extend the compliance date of the Rule for those stationary
sources from July 8, 2027, to July 8, 2029.
I am enclosing a copy of the Proclamation I have issued and
Annex I thereto.
Donald J. Trump.
The White House, July 21, 2025.
Regulatory Relief for Certain Stationary Sources to Further Promote
American Energy
----------
By the President of the United States of America
a Proclamation
1. Coal-fired electricity generation is essential to
ensuring that our Nation's grid is reliable and that
electricity is affordable to the American people, and to
promoting our Nation's energy security. The Federal Government
plays a pivotal role in ensuring that the Nation's power supply
remains secure and reliable. Forcing energy producers to comply
with unattainable emissions controls jeopardizes this mission.
2. On May 7, 2024, the Environmental Protection Agency
published a final rule, pursuant to section 112 of the Clean
Air Act, 42 U.S.C. 7412, titled National Emissions Standards
for Hazardous Air Pollutants: Coal- and Oil-Fired Electric
Utility Steam Generating Units Review of the Residual Risk and
Technology Review, 89 FR 38508 (Rule), which amended the
preexisting Mercury and Air Toxics Standards (MATS) rule to
make it more stringent. The Rule's effective date was July 8,
2024. Id. Its compliance date is July 8, 2027, 3 years after
its effective date. See 89 FR 38519.
3. The Rule places severe burdens on coal-fired power
plants and, through its indirect effects, on the viability of
our Nation's coal sector. Specifically, the Rule requires
compliance with standards premised on the application of
emissions-control technologies that do not yet exist in a
commercially viable form. The current compliance timeline of
the Rule therefore raises the unacceptable risk of the shutdown
of many coal-fired power plants, eliminating thousands of jobs,
placing our electrical grid at risk, and threatening broader,
harmful economic and energy security effects. This in turn
would undermine our national security, as these effects would
leave America vulnerable to electricity demand shortages,
increased dependence on foreign energy sources, and potential
disruptions of our electricity and energy supplies,
particularly in times of crisis.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United
States of America, by the authority vested in me by the
Constitution and the laws of the United States, including
section 112(i)(4) of the Clean Air Act, 42 U.S.C. 7412(i)(4),
do hereby proclaim that certain stationary sources subject to
the Rule, as identified in Annex I of this proclamation, are
exempt from compliance with the Rule for a period of 2 years
beyond the Rule's compliance date--i.e., for the period
beginning July 8, 2027, and concluding July 8, 2029
(Exemption). The effect of this Exemption is that, during this
2-year period, these stationary sources are subject to the
compliance obligations that they are currently subject to under
the MATS as the MATS existed prior to the Rule. In support of
this Exemption, I hereby make Che following determinations:
a. The technology to implement the Rule is not
available. Such technology does not exist in a
commercially viable form sufficient to allow
implementation of and compliance with the Rule by its
compliance date of July 8, 2027.
b. It is in the national security interests of the
United States to issue this Exemption for the reasons
stated in paragraphs 1 and 3 of this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this
seventeenth day of July, in the year of our Lord two thousand
twenty-five, and of the Independence of the United States of
America the two hundred and fiftieth.
Donald J. Trump.