"EPA faces decisions over regulating mercury from power plants, could revise MACT rule," Global Power Report, April 17, 2008.
The Environmental Protections Agency is facing the decision over regulating power plants through maximum achievable control technology or proceed with a MACT rule, as a federal court vacated its mercury program.
Talking about the options that EPA has to Global Power Plan, Lee Zeugin, who argued the case on behalf the Utility Air Regulatory Group, was quoted saying: "EPA has two options to proceed with a final MACT rule as required by the court decision - eschew another public notice process and complete a rule in a few months, or revisit the whole MACT rulemaking process, a path that is more likely." "If EPA decides to proceed with a formal process and gather more information on what equipment is available for utilities to control mercury emissions and hold public comment periods, optimistically a new rule could be finalized in 2011," he said.
The article also quoted Zeugin's speech during a webinar hosted by the Environmental Markets Association last week, "With the Bush administration facing its final months, it is really unclear how much work will go into a MACT rulemaking between now and the end of 2008."
Commenting on The DC Circuit asking for responses to the petition for rehearing, Zeugin was quoted saying: "I won't 'read tea leaves' but the fact that the court has asked for responses to petitions may indicate some interest in looking at the issues of this case." "If the court grants the petitions, the case likely would be returned to the original panel to rule on issues of concern to electric utilities that were not addressed in the court's February 8 opinion vacating EPA's Clean Air Mercury Rule," he said
He added :"In addition, granting the petitions would result in an automatic withdrawal of the court's mandate and cause CAMR to spring back to life."
Zeugin is a partner in the Washington office of Hunton & Williams LLP. His practice focuses on environmental and administrative law, with emphasis on the Clean Air Act, RCRA, CERCLA, EPCRA and the Atomic Energy Act. Zeugin has experience in federal and state rulemakings, compliance advice, enforcement defense and administrative adjudication. His representative clients include electric utilities, chemical manufacturers and electronics manufacturers.