Is Your Company Putting Out Mercury? Carcinogens? Want A Pass? Then Email EPA For A "Presidential Exemption"

EPA on Monday laid out a way for companies to avoid air pollution regulations for up to several years: Just send the agency a request via email. The agency posted guidance online that lays out a path for companies to seek exemptions from Clean Air Act regulations, including toxic emissions limits imposed on a range of pollution sources such as iron ore processing and tire manufacturing facilities, as well as coal-fired power plants and coke ovens.

The post points to at least nine rules that are currently under review and subject to the exemption request, including limits on carcinogenic compounds, such as ethylene oxide, and the mercury and air toxics standards, or MATS, rule. “To advance President Trump’s Executive Orders and Power the Great American Comeback, EPA has set up an electronic mailbox to allow the regulated community to request a Presidential Exemption under section 112(i)(4) of the Clean Air Act,” the guidance reads. “You may submit a request for a Presidential Exemption to this email address: airaction@epa.gov by March 31, 2025,” it continues.

According to the guidance, the Clean Air Act authorizes President Donald Trump to “exempt stationary sources of air pollution 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.” EPA’s guidance clarifies that an exemption can be extended for up to two additional years and, if appropriate, renewed.

Under federal law, the president can exempt stationary sources from compliance with regulations if it can be shown that the technology to meet the regulation isn’t available or if an exemption is in national security interests, according to Cornell Law School. Such an exemption can be extended — each period not to exceed two years — and the president must report to Congress about each decision.

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Walter Mugdan, former deputy administrator for EPA’s New York City-based regional office and Superfund director, said the move is “highly unusual” and he’s not aware of the authority being used, especially in such a sweeping manner that affects myriad technologies. Mugdan pointed out that the exemptions would affect rules limiting the release of ethylene oxide, which is used in the pharmaceutical industry as a sterilizing agent but is also an incredibly dangerous and carcinogenic chemical that needs to be carefully controlled to protect nearby communities. When asked about concerns, an EPA spokesperson said Section 112(i)(4) of the law “specifically states that the President may exempt any stationary source “if the President determines that the technology to implement such standard is not available and that it is in the national security interests of the United States to do so.”

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https://www.eenews.net/articles/want-a-clean-air-act-exemption-just-email-epa/