States Divided Over EPA Cost Assessment Justifying Utility MACT Air Rule

摘要

States are divided over the merits of EPA's cost assessment that the agency says justifies its years-old decision that it was "appropriate and necessary" under the Clean Air Act to issue its air toxics rule for power plants, with some states backing the review while others are saying the study is based on a flawed analysis that undermines the air rule. The opposing comments, recently submitted to EPA on its proposed version of the cost review, could hint at arguments that states might make either defending or attacking the agency in an expected lawsuit over the final version of the assessment. EPA has said that it intends to finalize the review in mid-April - the same time for when utilities operating under a one-year compliance deadline for the air toxics rule must finally come into compliance.