Press Release: Federal Government Repeals Air Pollution Law that Protects Montanans from the Coal Plant that Emits Most Air Toxins in the Nation

Krystal Two Bulls, Honor the Earth | 406-740-1508 | krystal@honorearth.org
Dr. Robert Merchant, Pulmonologist | 406-671-5767 | merch57@gmail.com
Dr. Lori Byron, MD | 406-671-5824 | lori.byron@gmail.com
Dr. Robert Byron, MD | 406-610-3445 | rgbyron@gmail.com
Anne Hedges, MEIC | 406-461-9546 | ahedges@meic.org

MONTANA – The federal government today repealed the 2024 Mercury and Air Toxics Standard (MATS) after repealing a 2009 “endangerment finding” that provides the scientific and legal basis for federal regulation of greenhouse gas emissions last week. MATS is a rule limiting emissions of toxic air pollution from coal-fired power plants, which was adopted in 2012. MATS is especially important in Montana, as the Colstrip coal-fired power plant is Montana’s largest source of toxic air pollutants. Colstrip Unit 4 releases the highest rate of filterable particulate emissions (harmful pollutants comprised of toxins such as lead and arsenic) into the air compared to any other coal-fired unit in the country. Colstrip Unit 3 has the third highest rate of toxic air pollution in the nation.

“The Northern Cheyenne have worked for decades to protect their air quality through the creation of a Class I designation. We deserve clean air as much as people living near other coal plants,” said Krystal Two Bulls, Executive Director of Honor the Earth. “We shouldn’t be forced to breathe more arsenic, lead and other toxic air pollution when the technology exists to reduce those poisonous pollutants and protect those who live near the plant.”

“The 2024 MATS rule was approved for a reason: to protect human health and the environment — the core mission of the EPA” said Shannon James, Campaigns & Advocacy Director with the Montana Environmental Information Center. “The Colstrip plant is the dirtiest coal plant in the nation. Why is it fair for the Colstrip plant to cut corners and continue releasing toxic air, while every single other plant in the country has cleaned up their act? Montana communities and tribes should not be sacrificed because the owners of the Colstrip plant don’t want to clean up their act.”

“If the Colstrip plant owners had to pay the healthcare costs of the people they injure or kill from the plant’s  excessive air pollution, the plant would have been brought up-to-date decades ago when this technology became available and cost-effective,” said Dr. Robert Merchant, Billings pulmonologist. “If they had to accompany me at the bedside of these patients and could see the real suffering and harm they are causing, I would like to believe they wouldn’t be so callous as to continue to ignore the science and economics. It makes me sad that short-term economics drives this harm. It makes me angry that our EPA has abandoned the science, the economics, and the commitment to protect people’s health. Coal industry executives bought and paid for this decision at the expense of my patient’s lives and our region’s overall economy.”

The announcement follows an exemption made for the Colstrip coal-fired power plant in April that delayed compliance with 2024 rules following a March 31 letter that Montana’s Congressional delegation submitted to the President requesting such an exemption. The delegation claimed that MATS would disproportionately impact the Colstrip plant, without noting that the plant releases more air toxins than any similar power plant in the nation.

The Trump Administration and Montana delegation also continuously fail to acknowledge that the Colstrip plant has struggled to meet the standard for reducing these harmful emissions (page 80) or that Colstrip has the highest level of toxic air pollution of any coal plant in the nation. Unlike similar coal-burning units, Colstrip Units 3 and 4 lack specific controls to control these toxic emissions and the emissions from the Colstrip plant disproportionately impact the nearby Northern Cheyenne, who have taken action in the past to address the plant’s air pollution. According to RMI, the Colstrip plant has contributed to $2.1 billion in adverse health impacts over the last decade, including 151 premature deaths.

“In repealing the 2024 MATS standards, the current administration again puts corporate profits ahead of Americans’ health,” said Dr. Rob Byron, MD, MPH. “Those standards improve air quality resulting in fewer deaths and hospitalizations. In repealing them, the administration condemns more Americans to die needlessly.” 

There are 170 tangentially-fired coal fired power plants in the country that use the same technology as the Colstrip plant. All of those, except the Colstrip plant, have Electrostatic Precipitators (ESP) or Fabric Filter Baghouses (FFB), or both to control particulate pollution. The Colstrip plant is the only coal plant with a wet scrubber system that does not have either an ESP or FFB (one facility even has both).

“It is a travesty that our elected leaders work to resurrect a dying industry, and choose this over safer, cleaner energy sources,” Dr. Lori Byron, a Red Lodge pediatrician. “An immediate  benefit to human health, through cleaner air and lower energy bills, will occur when our elected leaders decide to care about our children.”

The 2009 endangerment finding provided scientific evidence that six greenhouse gases (carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride) threaten public health and welfare, providing a legal basis for regulation of pollutants that impact the climate. Specifically, this action provided a prerequisite to implement greenhouse gas emissions standards for vehicles and other sectors.

In Montana and across the nation, the endangerment finding provided that underpinnings of the U.S. Environmental Protection Agency’s determination that coal-fired power plants would be required to reduce their greenhouse gas emissions. As one of the largest sources of human caused greenhouse gas emissions, EPA determined in 2024 that coal-fired power plants like the one in Colstrip would have to reduce their emissions by 2032 or face closure soon thereafter. Repealing the basis for that decision among others that limit greenhouse gas emissions, EPA is trying to erase decades of worldwide scientific findings that demonstrate the very real economic, social and environmental harm that results from unmitigated pollution.

“During one of the warmest, driest winters on record, rolling back public health and climate regulations will only make our summers hotter, drier and more dangerous for public health due to wildfires,” said Anne Hedges, Executive Director of the Montana Environmental Information Center. “The science supporting the conclusions of the endangerment finding has only gotten stronger over the years. Fortunately, our Montana Constitution is clear that our right to a clean and healthful environment includes a stable climate. 60 degrees in February is clearly not normal. We have the means to limit harmful air pollutants that are causing this problem. Hiding our heads in the sand is not a solution.”

About MATS and Montana

From 2012-2022, the Colstrip plant has emitted 3.3 tons of lead, 1.45 tons of arsenic, 2.1 tons of chromium, 14 tons of manganese, 2 tons of nickel, and 6 tons of selenium, all of which have considerable health impacts. EPA’s MATS rule should reduce those emissions by about 50%.

(Other heavy metals, such as arsenic, cadmium, mercury, and lead, are highly poisonous.)

1. Lead is toxic to humans, wildlife, and plant life in any amount and can affect nearly every organ and system in the human body.
2. Arsenic is a carcinogen, and it can contribute to developmental effects, diabetes, pulmonary disease and cardiovascular disease.
3. Inhaling chromium can irritate the nose and throat, potentially causing a flu-like condition called metal fume fever.
4. Exposure to high concentrations of manganese may negatively impact the nervous system, and chronic, long-term exposure to manganese may contribute to a Parkinson’s-like disease.
5. Contact with nickel can impact human health in a variety of ways, including cardiovascular and kidney diseases, lung fibrosis, lung and nasal cancer.
6. Chronic exposure to high amounts of selenium can result in fatigue, hair and nail loss, skin rashes, diarrhea, and nervous system abnormalities.

Prior to the exemption, EPA projected the final rule would reduce emissions of a number of air toxins in the country by 2028, including 1,000 pounds of mercury, at least 7 tons of non-mercury HAP metals, 770 tons of fine particulate matter (PM2.5), 280 tons of nitrogen oxides (NOx), and 65,000 tons of carbon dioxide (CO2). EPA predicts that the rule will see $300 million in health benefits and $130 million in climate benefits over the 10-year period from 2028-2037. According to RMI, phasing out coal-fired energy will save Montanans $500 million to $1.17 billion over the next 30 years

The 2024 MATS rule requires a revised non-mercury hazardous air pollutant (HAP) metal emission standard for all existing coal-fired power plants of 0.010 pounds of fPM per million British thermal units of heat input (lb/MMBtu). The EPA cites Colstrip Unit 4’s emissions between 0.019 and 0.027lb/MMBtu and Unit 3’s between 0.017-0.018 lb/MMBtu. EPA cites that this strengthened standard will ensure that all coal-fired power plants are within regulated pollution control levels “currently achieved by the vast majority of regulated units.”

In addition, the Colstrip plant has continuous emissions monitors (CEMs), but they currently cannot be used to enforce air quality standards. The EPA’s new MATS rule further concludes that 0.010lb/MMBtu is the lowest level currently compatible with the use of CEMS for demonstrating compliance, meaning that data from the Colstrip plant’s CEMs will be able to help enforce these standards. This restores public confidence in the emissions levels and reinforces the ability to protect air quality if those monitors indicate there are harmful emissions levels.