This year marks the 40th year of my career in environmental management/sustainability. I’ve experienced a tremendous amount of regulatory development and changes in enforcement initiatives. But EPA’s action last week has me completely gobsmacked. This is not an April Fool’s joke by the way.
If you missed it, on March 24 the Agency announced that companies may request a Presidential exemption
“from compliance with any standard or limitation under section 112 for up to two years if the technology to implement the standard is not available and it is in the national security interests of the United States to do so. Submitting a request via this email box does not entitle the submitter to an exemption. The President will make a decision on the merits. An exemption may be extended for up to two additional years and can be renewed, if appropriate.”
No press release was issued – EPA simply added a webpage to the website. After the deadline passes (see below), it wouldn’t be terribly surprising if the page is deleted from EPA’s website, so we preserved a copy here.
Companies/facilities subject to the following rules (which are under reconsideration by the Agency) qualify for requesting an exemption:
- “National Emission 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; May 7, 2024) (MATS Rule)
- “New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins” (89 FR 42932; May 16, 2024) (HON rule);
- “National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review” (89 FR 24090; April 5, 2024) (Sterilizer Rule);
- “National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing” (89 FR 94886; November 29, 2024) (Rubber Tire Rule);
- “National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review” (89 FR 41648; May 13, 2024) (Copper Rule);
- “National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review” (89 FR 23294; April 3, 2024) (Iron and Steel Rule);
- “National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review” (89 FR 57738; July 16, 2024) (Lime Rule);
- “National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries; Residual Risk and Technology Review, and Periodic Technology Review” (89 FR 55684; July 5, 2024) (Coke Ovens Rule); and
- “National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing” (89 FR 16408; March 6, 2024) (Taconite Rule).
EPA pushed this action quietly and quickly – this announcement references a March 12, 2025 “request[] that facilities and/or affected sources subject to the regulations below submit information about why their facility and/or affected source meets the requirements under Clean Air Act Section 112(i)(4) for a Presidential exemption”, but I found no such public announcement or request other than the following sentence in the March 12 press release about the Reconsideration of Air Rules Regulating American Energy, Manufacturing, Chemical Sectors (NESHAPs):
“The Trump Administration is considering a 2-year compliance exemption via Section 112(i)(4) of the Clean Air Act for affected facilities while EPA goes through the rulemaking process.”
Additionally, by the time you read this blog the deadline for requesting the exemption (March 31, 2025) will have already passed.
Doug Parker, with whom we just did a podcast about the current regulatory uncertainty, commented:
“Beyond this being unprecedented, it will be interesting to see which companies actually seek to take advantage of this. What might seem like a quick win can have longer term reputational implications – and with litigation likely, it may not be enduring.”
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