EPA Proposal Strengthens Protections from Toxic Air Pollution

(Washington, D.C. – September 22, 2023) The U.S. Environmental Protection Agency today unveiled its proposal regarding the Trump-era rollback of the “Once In, Always In” policy – a policy which has helped curtail toxic pollution and protect Americans’ health for decades.

“Today’s proposal is a crucial step towards undoing the damage caused by the last administration and restoring critical protections against toxic air pollution,” said EDF attorney Noha Haggag. “We urge EPA to finalize strong, protective standards that safeguard against an increase of hazardous, health-harming pollution from industrial facilities.”

EPA’s “Once In, Always In” policy addresses 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 include mercury, which can cause brain damage in developing babies, benzene and formaldehyde, which can cause cancer, and 3-butadiene which can cause cancer and heart and lung diseases.

Facilities that are “major” sources for hazardous pollutants must comply with protective pollution standards based on the 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 reversed it in 2018. That reversal created a loophole that could potentially be used by numerous industrial and petrochemical sources, allowing them to stop complying with MACT standards altogether and ultimately legally increase their pollution right up to the level of the major source threshold. Area sources can also avoid rigorous monitoring, reporting, and recordkeeping requirements, making it more difficult track emissions and ensure that sources are not exceeding major source thresholds.

EDF joined dozens of other environmental justice, labor, and environmental organizations in opposing the Trump-era rollback at EPA and in the courts.

Today’s EPA proposal is designed to prevent industrial facilities from increasing their pollution levels when reclassifying from a “major source” to an “area source.” It would require those reclassifying facilities to establish federally enforceable conditions to protect public health.

Today’s proposal would apply to any sources that have reclassified since January 25, 2018 – as well as any that reclassify in the future.