CLEAN AIR
EPA Issues Final Appropriate and Necessary Finding for Mercury and Air Toxic Emissions
Today, the EPA issued a final rule stating that it is “appropriate and necessary” for the agency to regulate mercury and air toxic emissions from U.S. power plants. First issued in 2000 and reaffirmed in 2012 and 2016, the appropriate and necessary finding allows the EPA to issue regulations to reduce mercury and air toxic emissions, such as acid gases and heavy metals, from U.S power plants.
In 2012, the EPA issued final rules to reduce mercury and air toxic emissions from U.S. power plants, The EPA estimates that implementation of the 2012 rules in combination with other advances in the power industry resulted in an 86 percent reduction of mercury emissions, 96 percent reduction of acid gas emissions, and 81 reduction of non-mercury metal emissions. While leaving the 2012 rule unchanged, the EPA’s action does fortify the 2012 rules from legal challenges and set the stage for the EPA to take additional regulatory action to reduce mercury and air toxic emissions.
Last Reviewed: February 2023
