Nearly half of state governments are suing
the Environmental Protection Agency (EPA) to block an anti-coal energy
regulation that will increase energy costs by $10 billion per year while
saving a couple of million dollars in health costs annually.
In a suit
filed in the U.S. Court of Appeals for the District of Columbia Circuit
on Oct. 23, the states, along with about 30 energy companies, unions,
and associations, contend that the EPA ignored the heavy costs posed by
the Utility MACT rule, an emissions regulation that would “effectively
ban the construction of new plants by setting standards below measurable
levels,” according to William Yeatman, an environmental regulations
expert at the Competitive Enterprise Institute.
“Perhaps EPA could demonstrate it is appropriate to spend $9.6 billion every year to achieve an annual health benefit of $4 to $6 million from
reducing [pollution] emissions,” the suit states, with emphasis in the
original. “EPA’s failure to take costs into account, as Congress
intended, requires vacatur of the [Mercury Air Toxics Standards] rule.”
The EPA announced the Utility MACT rule in
December, seeking to cut down on mercury levels in waters and air
pollutants emitted from coal and oil-fired power plants. The agency claimed the rule “will save
thousands of lives and prevent more than 100,000 heart and asthma
attacks each year” and would save $37 to $90 billion per year.
Those savings are
vastly overstated, according to the suit. Nearly 99 percent of the
estimated benefits are classified as “climate-related co-benefits,”
rather than the demonstrable health benefits attributed to the mercury
standards as mandated by the Clean Air Act.
“Put another way, it would cost at least $1,500 for $1 of benefit in [pollution] emission reductions,” the suit states.
The savings may be substantially smaller than
the $4 to $6 million estimate, since only a very small percentage of
mercury emitted from coal plants ever settles on the continental United
States, let alone its water sources, Yeatman said.
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