The Edison Electric Institute (EEI) is trying to strike a deal with the White House on EPA's pending air toxics rule for utilities under which EEI's members would agree not to sue over the rule if it reflects major changes the group is seeking, but internal divisions among members may frustrate EEI's ability to reach a deal, sources say. Power company members of EEI — which represents investor-owned utilities — that are more reliant on coal-fired electricity generation are drawing suspicion from other utility companies within EEI that are better positioned to meet the rule's mercury and other air toxics limits, such as those with a large number of natural gas plants. The Obama administration is keen to avoid major industry opposition to its final maximum achievable control technology (MACT) air toxics rule for coal- and oil-fired power plants, due Dec. 16 under a consent decree deadline.
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