On January 19th, Troutman Sanders hosted a webinar presented by partners Peter Glaser and Daniel Larcamp on the Utility Maximum Achievable Control Technology (“MACT”) Rule, the Cross State Air Pollution Rule (“CSAPR”) Stay and the obligation to comply with grid reliability standards.  The presentation discussed the following:

The Environmental Protection Agency (“EPA”) provided the electric utility industry with an early Christmas gift last year.  On December 21, 2011, EPA issued its “UMACT” rule, setting forth maximum achievable control technology (“MACT”) standards for coal and oil generating stations. Troutman Sanders has prepared a memorandum summarizing the rule here.  The rule can be appealed 60 days after publication in the Federal Register.  We expect publication in the Federal Register at some point during January 2012.

On Friday, December 2, 2011, the Environmental Protection Agency (“EPA”) released its third attempt at a Maximum Achievable Control Technology (“MACT”) standard for industrial boilers and process heaters under the Clean Air Act.  EPA’s latest proposal is a reconsideration of the final rule that was adopted in February and published March 21, 2011, which EPA promised to revise the same day it was released.

On November 15, 2011, the Energy in a Warming World Initiative, a three-year research collaboration between the Union of Concerned Scientists and more than a dozen scientists, issued a peer-reviewed report, “Freshwater Use by U.S. Power Plants: Electricity’s Thirst for a Precious Resource.”  The report is the first systematic assessment of power-plant water use, its relationship with fresh water systems and the low-quality of data currently available on the topic.