[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Presidential Documents]
[Pages 80727-80728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33337]


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  Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / 
Presidential Documents  

[[Page 80727]]


                Memorandum of December 21, 2011

                
Flexible Implementation of the Mercury and Air 
                Toxics Standards Rule

                Memorandum for the Administrator of the Environmental 
                Protection Agency

                Today's issuance, by the Environmental Protection 
                Agency (EPA), of the final Mercury and Air Toxics 
                Standards rule for power plants (the ``MATS Rule'') 
                represents a major step forward in my Administration's 
                efforts to protect public health and the environment.

                This rule, issued after careful consideration of public 
                comments, prescribes standards under section 112 of the 
                Clean Air Act to control emissions of mercury and other 
                toxic air pollutants from power plants, which 
                collectively are among the largest sources of such 
                pollution in the United States. The EPA estimates that 
                by substantially reducing emissions of pollutants that 
                contribute to neurological damage, cancer, respiratory 
                illnesses, and other health risks, the MATS Rule will 
                produce major health benefits for millions of 
                Americans--including children, older Americans, and 
                other vulnerable populations. Consistent with Executive 
                Order 13563 (Improving Regulation and Regulatory 
                Review), the estimated benefits of the MATS Rule far 
                exceed the estimated costs.

                The MATS Rule can be implemented through the use of 
                demonstrated, existing pollution control technologies. 
                The United States is a global market leader in the 
                design and manufacture of these technologies, and it is 
                anticipated that U.S. firms and workers will provide 
                much of the equipment and labor needed to meet the 
                substantial investments in pollution control that the 
                standards are expected to spur.

                These new standards will promote the transition to a 
                cleaner and more efficient U.S. electric power system. 
                This system as a whole is critical infrastructure that 
                plays a key role in the functioning of all facets of 
                the U.S. economy, and maintaining its stability and 
                reliability is of critical importance. It is therefore 
                crucial that implementation of the MATS Rule proceed in 
                a cost-effective manner that ensures electric 
                reliability.

                Analyses conducted by the EPA and the Department of 
                Energy (DOE) indicate that the MATS Rule is not 
                anticipated to compromise electric generating resource 
                adequacy in any region of the country. The Clean Air 
                Act offers a number of implementation flexibilities, 
                and the EPA has a long and successful history of using 
                those flexibilities to ensure a smooth transition to 
                cleaner technologies.

                The Clean Air Act provides 3 years from the effective 
                date of the MATS Rule for sources to comply with its 
                requirements. In addition, section 112(i)(3)(B) of the 
                Act allows the issuance of a permit granting a source 
                up to one additional year where necessary for the 
                installation of controls. As you stated in the preamble 
                to the MATS Rule, this additional fourth year should be 
                broadly available to sources, consistent with the 
                requirements of the law.

                The EPA has concluded that 4 years should generally be 
                sufficient to install the necessary emission control 
                equipment, and DOE has issued analysis consistent with 
                that conclusion. While more time is generally not 
                expected to be needed, the Clean Air Act offers other 
                important flexibilities as well.

[[Page 80728]]

                For example, section 113(a) of the Act provides the EPA 
                with flexibility to bring sources into compliance over 
                the course of an additional year, should unusual 
                circumstances arise that warrant such flexibility.

                To address any concerns with respect to electric 
                reliability while assuring MATS' public health 
                benefits, I direct you to take the following actions:

                1. Building on the information and guidance that you 
                have provided to the public, relevant stakeholders, and 
                permitting authorities in the preamble of the MATS 
                Rule, work with State and local permitting authorities 
                to make the additional year for compliance with the 
                MATS Rule provided under section 112(i)(3)(B) of the 
                Clean Air Act broadly available to sources, consistent 
                with law, and to invoke this flexibility expeditiously 
                where justified.

                2. Promote early, coordinated, and orderly planning and 
                execution of the measures needed to implement the MATS 
                Rule while maintaining the reliability of the electric 
                power system. Consistent with Executive Order 13563, 
                this process should be designed to ``promote 
                predictability and reduce uncertainty,'' and should 
                include engagement and coordination with DOE, the 
                Federal Energy Regulatory Commission, State utility 
                regulators, Regional Transmission Organizations, the 
                North American Electric Reliability Corporation and 
                regional electric reliability organizations, other grid 
                planning authorities, electric utilities, and other 
                stakeholders, as appropriate.

                3. Make available to the public, including relevant 
                stakeholders, information concerning any anticipated 
                use of authorities: (a) under section 112(i)(3)(B) of 
                the Clean Air Act in the event that additional time to 
                comply with the MATS Rule is necessary for the 
                installation of technology; and(b) under section 113(a) 
                of the Clean Air Act in the event that additional time 
                to comply with the MATS Rule is necessary to address a 
                specific and documented electric reliability issue. 
                This information should describe the process for 
                working with entities with relevant expertise to 
                identify circumstances where electric reliability 
                concerns might justify allowing additional time to 
                comply.

                This memorandum is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

                You are hereby authorized and directed to publish this 
                memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, December 21, 2011

[FR Doc. 2011-33337
Filed 12-23-11; 8:45 am]
Billing code 6560-50-P