Chairman Capito Opposes CRA to Overturn Trump EPA Repeal of 2024 MATS Standards

WASHINGTON, D.C. - Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, spoke on Senate Floor to oppose S.J. Res. 188, a congressional review act (CRA) to overturn the Trump EPA's repeal of the 2024 Mercury and Air Toxics Standards (MATS), implemented under the Biden Administration.

The 2024 MATS standards placed additional regulations on power plants, building upon the 2012 MATS standards that remain in place today. By establishing unreasonable and unachievable standards for coal-fired power plants, the 2024 MATS standards were intended to eradicate coal from our nation's energy mix as part of the Biden EPA Power Sector Strategy.

According to EPA, by 2021, mercury emissions from coal-fired power plants were down 90% compared to the pre-2012 levels. In its 2020 Residual Risk Review, the EPA found that the 2012 standards were protective of public health with an ample margin of safety and that revisions were not "necessary." Despite the finding by EPA scientists, the Biden Administration proceeded to finalize a rulemaking that had $860 million in compliance costs - double the rule's climate and health benefits.

Below are the floor remarks of Chairman Shelley Moore Capito (R-W.Va.) as delivered.

"I rise today in opposition to S.J. Res 188, the CRA introduced by my colleague from Rhode Island, Senator Whitehouse, to overturn the Trump EPA's repeal of the Biden MATS rule.

"This rule would reinstate the 2024 MATS rule that was part of the Biden Administration's power sector strategy specifically designed to shutdown coal-fired power plants.

"During the Biden administration, we witnessed a regulatory attack that targeted affordable and reliable sources of energy that extreme environmentalists just don't like. The result was predictable, and one that many of us warned about. The Biden administration created a grid reliability crisis and increased power prices.

"We are now in a critical moment for American energy. We must ensure that the energy required to onshore American manufacturing, win the AI race and keep our lights on and homes warm, while addressing energy costs for families and businesses. We should be expanding our energy production and electric generation, not shutting it down.

"The Biden-era MATS rule and this CRA [that] would resuscitate that rule are intended to close coal-fired power plants. In 2020, the EPA found that the existing MATS standards are protective of public health. Let me say that again. In 2020, the EPA found that the existing, pre- to the Biden rule, MATS standards are protective of public health with an ample margin of safety, and that revisions are not necessary.

"This finding was reaffirmed by and for the Biden Administration. According to the EPA, by 2021, mercury emissions from coal-fired power plants were down 90 percent compared to pre-2012 levels.

"Despite these facts, the Biden EPA proceeded to finalize a rulemaking that had $860 million in compliance costs, which is twice as much as the claimed benefits. The Trump administration has rightfully repealed those unnecessary and stringent standards.

"This CRA would return to the failed policies of shutting down American energy, increasing consumer costs and putting American energy workers out of business. I urge my colleagues to vote no on this CRA."

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