EPA Settlement Will Reduce Toxic Air From Power Plants

The Environmental Protection Agency and a coalition of public health and environmental groups have settled a Clean Air Act suit that will result in rules requiring the reduction of toxic air pollution from the nation's power plants.

According to the settlement announced Oct. 22, the EPA has until Nov. 16, 2011, to adopt rules requiring the reduction of air toxins from coal-fired and oil-burning power plants.

The plaintiffs, 12 public health and environmental groups, filed suit in the U.S. District Court for the District of Columbia in 2008 under a provision of the Clean Air Act.

They alleged the EPA failed to promulgate the maximum achievable emission standards for hazardous air pollutants from coal- and oil-fired electric utility steam-generating units as required by the law.

They said power plants are the largest unregulated industrial source of air toxins.

"It is unconscionable that 19 years after the Clean Air Act of 1990, we still do not have air toxics controls on these large existing sources of pollution," according to a statement released by James Pew of Earthjustice, a law firm representing the plaintiffs.

One of the toxins emitted by these power plants is mercury, putting at risk children and women of childbearing age, the plaintiffs said. They added that 50 states have declared fish advisories warning about mercury contamination.

Ann Weeks, an attorney for plaintiff Clean Air Task Force, said the Clean Air Act mandates deep reductions in the emissions of the pollutants addressed by the settlement. She said the group looks forward to working with the EPA to develop the emissions standards the law requires.

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