A federal court has agreed to keep provisions of the Mercury and Air Toxics Standards in effect for developers of new coal-fired units while the agency reconsiders parts of the major rulemaking. The U.S. Court of Appeals for the District of Columbia Circuit panel of Judges David Tatel, Thomas Griffith and Brett Kavanaugh on Wednesday also directed the EPA to file a status report within 30 days of its order and then every 30 days thereafter as the agency reexamines the rule. "The end result is that we have EPA on record acknowledging error, a commitment made to get that error corrected as quickly as the rulemaking process allows, and a Court expecting that to happen," said Eric Groten, a partner at Vinson & Elkins and counsel for White Stallion Energy Center. EPA expects to complete its reconsideration of certain new-source issues of the MATS by March 2013. The compliance deadline for MATS, which calls for coal plants to install and operate maximum achievable control technology, is April 2013. The agency said it would stay the rule for three months, the maximum allowed under the Clean Air Act, during the reconsideration process which would involve an "expedited, open and transparent process." Click Here For Complete Article Text
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