EPA Takes a Crucial Step Toward Closing a Dangerous Air Toxics Loophole Adopted by the Trump Administration

(Washington, D.C. – September 4, 2024) The U.S. Environmental Protection Agency today finalized a rule that will provide much-needed health protections from toxic air pollution emitted by industrial facilities, including petrochemical plants. 

EPA’s action helps address a damaging loophole created by the prior administration that allowed industrial facilities across the country to increase toxic air pollutants and to avoid the vital Clean Air Act requirements that are designed to limit the most hazardous airborne contaminants.

“EPA’s action helps restore vital protections that  limit toxic air pollution, helps people across the country breathe easier, and helps address a reckless loophole adopted by the Trump administration that enabled increases in industrial air toxic pollution,” said EDF senior attorney Noha Haggag. “The industrial air toxics addressed by EPA’s action today are some of the most dangerous in our lives and include pollution that causes cancer, brain damage in children, and early deaths.”

EPA’s previous “Once In, Always In” policy addressed major industrial sources of toxic air pollution. Under the Clean Air Act, “major” sources of pollution are defined as those that have the potential to emit hazardous pollutants above a legal threshold. These hazardous pollutants are particularly harmful for human health, and include mercury, which can cause brain damage in developing babies, and benzene, which can cause cancer, as well as alkylated lead compounds, polycyclic organic matter (POM), polychlorinated biphenyls (PCB), furans and dioxins.

Facilities that are “major” sources for hazardous pollutants must comply with protective pollution standards based on Maximum Achievable Control Technology (MACT). However, the MACT standards are so effective at reducing air pollution that they often cause industrial facilities to fall below the major source thresholds. At that point they can ask to be reclassified as smaller “area sources” of pollution. 

The “Once In, Always In” policy required major industrial facilities to continue to comply with MACT standards after reclassification. The policy was adopted in 1995 and worked for decades – until the Trump administration reversedit in 2018.The reversal created a loophole that could potentially be used by many industrial and petrochemical sources to increase their toxic pollution. 

The loophole would allow them to stop complying with MACT standards and ultimately increase their pollution to the level of the major source threshold. Reclassifying as an “area source” could also make it easier for large industrial polluters to avoid rigorous monitoring, reporting, and recordkeeping requirements, making it more difficult track toxic pollution and ensure that the facilities are not exceeding major source thresholds. 

EPA’s action today is designed to prevent industrial facilities that emit certain hazardous pollutants from increasing their pollution levels when reclassifying from a “major source” to an “area source.” 

EDF joined dozens of other environmental justice, labor, and environmental organizations in opposing the Trump-era rollback at EPA and in the courts, and submitted comments to EPA supporting the finalization of today’s rule.