Background: The U.S. Environmental Protection Agency (EPA) continues to develop a more restrictive alternative to its previously proposed Clean Air Mercury Rule in compliance with U.S. Court of Appeals actions on a case brought, in part, by the State of Michigan. MMA testified extensively in opposition during the promulgation process. The agency did not adequately identify the anticipated incremental environmental benefits to be gained over the impending federal rule. The resulting additional costs paid through electric bills not paid by other states make Michigan less competitive.