Senators Make Sure Wheeler Knows They Oppose Changes to Mercury Rule

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A handful of US Senators have sent a letter to EPA administrator Andrew Wheeler saying they strongly oppose a December, 2018, proposal that could "lead to the undoing of the Mercury Rule." The proposal finds that it is no longer "appropriate and necessary" to regulate mercury and air toxic emissions from coal and oil fired power plants. While the senators support the EPA's decision to keep the 2012 Mercury Rule in place, they believe the proposal could lead to the weakening or even undoing of the Rule.

Signing the letter were United States Senators Lamar Alexander (R-TN.), Tom Carper (D-DE.), Joe Manchin III (D-WV), Thom Tillis (R-NC), and Sherrod Brown (D-OH). Senator Susan Collins (R-ME) also signed the letter; Collins was the only Republican to oppose Wheeler's confirmation as permanent head of the EPA. Collins has said that Wheeler's efforts to roll back standards on emissions take the country in the wrong direction (via Reuters). Wheeler has acted as temporary head of the EPA since former administrator Scott Pruitt resigned last July.

"Utilities have already spent rate-payer dollars to fully comply with the Mercury Rule," the senators wrote in the letter. "Keeping the 'appropriate and necessary' finding in place and protecting the rules provides much-needed regulatory certainty for the electric power industry and consumers."

As a result of the Mercury Rule, power plants are emitting nearly 90% less mercury than a decade ago, they point out.

For the most part, utilities have complied with the rule, but altering the EPA's rationale for which regulations are necessary could lead to the Mercury Rule being rescinded at a later date, Utility Dive wrote when the revisions were first proposed.

"Mercury is a deadly toxin that harms the development of fetuses and children. It makes no sense to take any action that could lead to the weakening of mercury emission standards,” the letter states.

The Mercury and Air Toxics Standards (the Mercury Rule) was finalized in February 2012 to reduce emissions of toxic air pollutants from power plants. Data released in December from the US Energy Information Association (EIA) showed that total US coal consumption had fallen to the lowest level since 1979. Stricter emissions standards required by the Mercury Rule was one of the reasons for the decline in coal use cited by the EIA. Others included the price of coal, the age of generators, changes in regional electricity demand, growing environmental concerns, and increased competition from renewables.

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