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EPA Proposes Repeal of Power Plant Emissions Standards

June 16, 2025
On June 11, 2025, the EPA announced proposed rulemakings to repeal two major regulatory actions concerning emissions from fossil fuel-fired power plants: the 2024 Mercury and Air Toxics Standards (MATS) amendments and the 2024 Section 111 Greenhouse Gas (GHG) emissions standards.
 
Summary of Proposed Changes
  1. Mercury and Air Toxics Standards (MATS)
    • The EPA proposes repealing amendments finalized in May 2024 that tightened emissions limits for coal- and oil-fired electric utility steam generating units.
    • The proposal would revert emissions standards to the 2012 MATS rule, which remains in effect.
    • Key elements of the proposed repeal include:
      • Removal of more stringent filterable particulate matter (PM) standards.
      • Elimination of the PM Continuous Emissions Monitoring Systems (CEMS) requirement.
      • Removal of the updated mercury emission limits for lignite-fired units.
  1. Section 111 Greenhouse Gas Standards
    • The EPA proposes repealing:
      • The 2015 emissions standards for new fossil fuel-fired power plants.
      • The 2024 GHG emissions guidelines for new and existing fossil fuel-fired units, including requirements for carbon capture and storage (CCS) technology.
    • The repeal would also revise the agency’s interpretation of its authority under the Clean Air Act to regulate GHG emissions from this source category.
    • As an alternative, the agency is requesting comment on maintaining efficiency-based standards for new natural gas-fired plants.
    • The EPA estimates this proposal would reduce regulatory costs for the power sector by $19 billion over 20 years, or about $1.2 billion annually beginning in 2026.
 
Background
 
The 2012 MATS rule was the first to nationally limit toxic emissions such as mercury, arsenic, and other heavy metals from power plants. As of 2021, U.S. coal-fired power plants had reduced mercury emissions by 90% from pre-MATS levels. The 2024 GHG rule, finalized under the prior administration, aimed to reduce annual carbon emissions by requiring 90% carbon capture at new gas and existing coal plants.
 
Fossil fuel power plants are currently the largest industrial source of carbon dioxide emissions in the U.S., accounting for more than 30% of total emissions.  They are also the largest domestic source of certain toxic metal pollution, such as mercury.
 
The EPA is accepting public comment on both proposals.
 
Clean Air Act Violations Lead to Steep Fines
 
The EPA announced a settlement with Eakas Corp. for alleged Clean Air Act emissions violations at the company’s facility in Peru, Illinois. The company will pay $520,200 in penalties.
 
"Today’s settlement is consistent with EPA’s first pillar: Clean Air, Land, and Water for Every American through the reduction of hazardous air pollution," said EPA Region 5 Administrator Anne Vogel. "The settlement will also resolve years of violations and will ensure the company implements monitoring and repair best practices."
 
Eakas produces various plastic and metal parts for the automotive industry. EPA alleges that the facility exceeded volatile organic compound emission limits from the paint lines used to coat materials for protective or decorative purposes. EPA also alleges Eakas failed to comply with recordkeeping requirements. In addition to the monetary penalty, the company will install a new VOC emission control device and repair an existing VOC emission control device to reduce emissions.
 
When VOCs evaporate in the atmosphere, they can combine with other gasses to create ground-level ozone. Exposure to ground-level ozone can lead to respiratory problems and can aggravate conditions such as asthma or cause reduced lung function.
 
Ohio Company Sentenced for Violating OSHA Rule Leading to Worker’s Death
 
A Delaware corporation with a manufacturing facility in Ohio was sentenced today to pay a $500,000 fine, the statutory maximum, after pleading guilty to willfully violating an Occupational Safety and Health Administration (OSHA) rule. In addition to the fine, Fabcon will serve two years of organizational probation and comply with a Safety Compliance Plan. The criminal charge is related to an incident where an employee was killed when a pneumatic door closed on his head.
 
Fabcon Precast LLC makes precast concrete panels at its facility in Grove City, Ohio. Batch operators were employees responsible for operating and cleaning the facility’s only concrete mixer, which discharged concrete from its bottom through a pneumatic door. The mixer had an exhaust valve that, by design, released the pneumatic energy which powered the discharge door to make it inoperable.
 
The valve’s handle broke off, and was not replaced, prior to June 6, 2020. On that day, batch operator Zachary Ledbetter was injured trying to close the discharge door due to the broken valve. Ledbetter was eventually freed from the door, but he died at a hospital five days later.
 
“Today’s sentencing reflects Fabcon’s willful failure to implement measures to protect its workers,” said Acting Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “Sadly, this led to Zachary’s death. This tragedy shows the importance of following safety standards.”
 
“Fabcon Precast LLC willfully failed to adhere to OSHA safety regulations which resulted in the tragic and preventable loss of a worker’s life. This sentencing highlights our steadfast commitment to continue working with OSHA and our law enforcement partners to hold accountable those who jeopardize workers’ safety,” said Special Agent in Charge Megan Howell of the U.S. Department of Labor Office of Inspector General, Great Lakes Region.
 
Federal law makes it a class B misdemeanor to willfully fail to follow an OSHA safety standard, where the failure causes the death of an employee. The class B misdemeanor is the only federal criminal charge covering such workplace safety violations.
 
The Department of Labor’s Office of Inspector General investigated the case.
 
Senior Trial Attorney and Special Assistant U.S. Attorney Adam Cullman, of ENRD’s Environmental Crimes Section and for the Southern District of Ohio respectively, prosecuted the case.
 
Adidas America Fined $235K for Fall Hazard and Unsafe Ladder Violations
 
The U.S. Department of Labor has entered into a settlement agreement with Adidas America, Inc., that requires the company to pay $235,000 in fines and implement enhanced safety measures at multiple facilities.
 
The agreement comes after OSHA conducted a 2024 follow-up inspection at an Adidas warehouse in upstate New York. OSHA initially cited for hazards in 2021 during an inspection that found missing guardrails and an unsafe ladder.
 
Inspectors returned in 2024 to find that Adidas had not corrected the hazards cited in 2021 and found an additional unsafe ladder violation.
 
The May 30, 2025, settlement requires Adidas to implement enhanced abatement measures at its facilities in New York, New Jersey, and Puerto Rico, including adopting a comprehensive Safety and Health Management program, retraining employees on fall hazards, assessing and auditing potential fall hazards at each facility, and discontinuing use of overhead storage in the facilities.
 
Adidas also agreed to pay $235,000 in penalties.
 
EPA Reaches $1.1 Million Settlement with Stepan Co. for Distributing Misbranded Pesticide
 
The EPA announced a settlement with Stepan Co. of Northbrook, Illinois, for allegedly distributing or selling a misbranded pesticide in violation of the Federal Insecticide, Fungicide, and Rodenticide Act. Stepan will pay a $1,126,404 penalty.
 
EPA alleged a distributor for Stepan sold Wipes.Com Disinfectant Wipes, a misbranded disinfectant, 303 times. The label for Wipes.Com Disinfectant Wipes did not include the required directions for use. Additionally, the labeling contained several misleading statements regarding the product’s safety and efficacy. Stepan will correct the product labels and website claims.
 
Under FIFRA, products that claim to kill, destroy, prevent, or repel bacteria or viruses are considered pesticides. All pesticides distributed or sold in the United States are required to be registered by EPA to ensure that the products perform as intended and will not harm people, non-target species, or the environment when used as directed. FIFRA’s pesticide registration requirements protect public health and the environment by minimizing risks associated with the production, handling and application of pesticides and by ensuring that products work effectively. FIFRA labeling requirements help safeguard the public by ensuring that labels include clear directions for safe use, storage and disposal of chemicals.
 
EPA Releases Guide to Improving Indoor Air Quality During Wildfire Smoke Events
 
EPA has published a document to help users limit indoor exposures to wildfire smoke, titled Best Practices Guide for Improving Indoor Air Quality in Commercial/Public Buildings During Wildland Fire Smoke Events. According to EPA, the guide’s purpose is “to provide a concise and complete source of information on the steps that can be taken to reduce the impacts of wildfire smoke indoors in commercial or public buildings.” Individuals and groups with decision-making abilities for these buildings may use the guide to create “Smoke-Ready Plans,” or lists of actions to take before, during, and after smoke events. Staff members of federal, state, local, and tribal environmental and health organizations may also use the document to inform communities on reducing smoke exposures in public or commercial spaces.
 
The guide states that it is “not intended to provide a rigorous review of mitigation measures for technical audiences.” Experts such as HVAC professionals, architects, design engineers, and construction contractors are instructed to consult standards and guidelines for their industries. In language and format accessible to most members of the public, the guide outlines the health hazards associated with wildfire smoke and the implementation of controls, such as HVAC system improvements, building use and weathering adjustments, portable air cleaners, and air sensors. It also links to publicly available resources providing more information.
 
A free PDF of the Best Practices Guide for Improving Indoor Air Quality in Commercial/Public Buildings During Wildland Fire Smoke Events may be downloaded from EPA’s website.
 
Skin Sensitization Prediction Tool Available from National Toxicology Program
 
A new, open-access web tool published on the National Toxicology Program (NTP) website is intended to help users predict a chemical’s skin sensitization potential from an uploaded data set. The tool, called the Skin Sensitization Risk Assessment – Integrated Chemical Environment or SARA-ICE, was developed by the NTP Interagency Center for the Evaluation of Alternative Toxicological Methods (NICEATM), which works to develop and evaluate alternatives to animal use for chemical safety testing, and the company Unilever. A recent issue of NICEATM’s e-newsletter describes SARA-ICE as “a Bayesian statistical model that estimates a human-relevant metric of skin sensitizer potency” and the metric, ED01, as “the dose with a 1% chance of human skin sensitization.”
 
According to NICEATM, the SARA-ICE tool uses data on more than 400 chemicals from the Integrated Chemical Environment (ICE) to predict the ED01. ICE comprises data sets curated by NICEATM and its partners, including in vivo and in vitro test data, in silico toxicity predictions and chemical property data, and reference chemical lists. ICE also includes computational tools for chemical characterization.
 
Substances that have the potential to be skin sensitizers can be identified “using defined approaches to testing and assessment,” NICEATM explains. According to the center, SARA-ICE has been accepted as one of the defined approaches for skin sensitization described as part of the OECD Guidelines for the Testing of Chemicals, a collection of testing methods used by government, industry, and independent laboratories to identify and characterize potential chemical hazards. OECD, the Organization for Economic Cooperation and Development, is an international organization focused on finding solutions to social, economic, and environmental challenges.
 
SARA-ICE, along with a PDF presentation that covers how to use the tool for determining a point of departure for skin sensitization, can be accessed from the NTP website.
 
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