Last week, the White House issued multiple proclamations exempting coal-fired power plants, synthetic organic chemical manufacturers, medical equipment sterilization operations using ethylene oxide and taconite iron ore processing from previously promulgated EPA NESHAPs compliance standards. Each of the proclamations uses the same language and rationale:
a. The technologies to implement the Rules are not available. Such technologies do not exist in commercially viable form sufficient to allow implementation of and compliance with the Rules by their compliance dates.
b. It is in the national security interests of the United States to issue the Exemptions.
The proclamations exempt subject facilities from compliance with the Rules for a period of 2 years beyond the Rule’s compliance date. Each proclamation includes an Annex listing the specific facilities exempted.
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