Coal’s Role in America’s Energy Landscape
1. The reliability of our Nation’s electrical grid and the affordability of electricity for the American populace heavily rely on coal-fired power generation. This energy source is pivotal not only for maintaining energy security but also for ensuring that our power supply remains dependable. However, imposing unattainable emissions controls on energy producers could jeopardize this critical mission.
New Emissions Standards and their Implications
2. On May 7, 2024, the Environmental Protection Agency (EPA) issued a final rule titled National Emissions Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review, 89 FR 38508 (the “Rule”). This regulation amends the existing Mercury and Air Toxics Standards (MATS) to make them more stringent, with the effective date set for July 8, 2024. The compliance deadline is three years later, on July 8, 2027. See 89 FR 38519.
Challenges Faced by the Coal Sector
3. The newly established Rule imposes onerous burdens on coal-fired power plants and indirectly threatens the viability of the coal industry as a whole. Specifically, it mandates compliance with emissions-control technologies that are neither commercially viable nor readily available. The current compliance timeline raises significant concerns about the potential closure of numerous coal-fired plants, which could lead to job losses, jeopardize the stability of our electrical grid, and create broader economic and energy security risks. Such outcomes could, in turn, weaken national security by leaving the United States vulnerable to electricity shortages and increased reliance on foreign energy sources, especially during times of crisis.
Presidential Proclamation and Exemption Details
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority granted to me by the Constitution and the laws of the United States, including section 112(i)(4) of the Clean Air Act, 42 U.S.C. 7412(i)(4), hereby declare that certain stationary sources subject to the Rule, as detailed in Annex I of this proclamation, will be exempt from compliance for an additional two years beyond the Rule’s compliance deadline—specifically, from July 8, 2027, to July 8, 2029 (the “Exemption”). During this period, these sources will adhere to the compliance obligations set forth in MATS as they existed prior to the Rule.
Supporting Determinations for the Exemption
In support of this Exemption, I make the following determinations:
a. The technology required to implement the Rule is not available. Current emissions-control technologies are not commercially viable enough to facilitate compliance by the July 8, 2027, deadline.
b. Issuing this Exemption serves the national security interests of the United States, as outlined in the concerns expressed in paragraph 3 of this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of April, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth.
DONALD J. TRUMP
