The Environmental Protection Agency announced March 12 it set up an e-mail account allowing the regulated community to request a presidential exemption under Section 112(i)(4) of the Clean Air Act (“CAA”).
The CAA permits the president to grant exemptions to stationary sources from compliance with any standard or limitation set forth under Section 112 for up to two years if the technology required to meet the standard is not available and if it’s in the United States’ national security interests.
In particular, the EPA requested submitters subject to the following regulations to submit by March 31 information demonstrating why their facility and/or affected source meets the presidential exemption requirements:
- “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)
- “National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing” (89 FR 16408; March 6, 2024) (Taconite Rule)
Notably, these email submissions do not automatically entitle the submitter to an exemption; rather, the president will decide on the merits whether to grant an exemption. A decision on the merits includes evaluating the following: the emission standard and/or limitation subject to the request; facility and/or affected source-specific information; the length of time for which the exemption is being requested; explanations for why the technology required to meet the standard is not available; and explanations for why the requested extension is in the United States’ national security interests. Additionally, an exemption may be extended for an additional two years and, if appropriate, can be renewed again.
Although, the availability of the regulated community to request a presidential exemption using this new email address provides a mechanism for stationary sources to address their regulatory obligations under Section 112 of the CAA, it remains to be seen how many exemptions, if any, will be granted by the president.
