EPA’s electronic mailbox is open for requests from stationary sources until March 31.
In March 2025, the United States Environmental Protection Agency (EPA) announced that it has set up an electronic mailbox to allow stationary sources to request a Presidential Exemption from certain standards under Section 112 of the Clean Air Act (CAA).
Section 112 requires EPA to establish emission standards for certain stationary sources of hazardous air pollutants. Section 112 also includes a provision that enables the President to exempt stationary sources from compliance with any standard or limitation under Section 112 for up to two years 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.” 42 U.S.C. § 7412(i)(4). Section 112(i)(4) also provides that such an exemption may be extended “for 1 or more additional periods, each period not to exceed 2 years.”
EPA has requested that facilities and affected sources subject to the following hazardous air pollutant emission standards under Section 112 — all of which are currently under reconsideration by EPA — submit information by March 31, 2025, justifying why their facility and/or affected source meets the exemption requirements:
- MATS Rule, 89 FR 38508; May 7, 2024 (“National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review”)
- HON Rule, 89 FR 42932; May 16, 2024 (“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”)
- Sterilizer Rule, 89 FR 24090; April 5, 2024 (“National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review”)
- Rubber Tire Rule, 89 FR 94886; November 29, 2024 (“National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing”)
- Copper Rule, 89 FR 41648; May 13, 2024 (“National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review”)
- Iron and Steel Rule, 89 FR 23294; April 3, 2024 (“National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review”)
- Lime Rule, 89 FR 57738; July 16, 2024 (“National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review”)
- Coke Ovens Rule, 89 FR 55684; July 5, 2024 (“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”)
- Taconite Rule, 89 FR 16408; March 6, 2024 (“National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing”)
This is the first time that EPA has affirmatively asked stationary sources to submit requests under Section 112(i)(4). EPA has provided an outline of the information that is required in an exemption request. Most notably, EPA requires an entity seeking the Presidential Exemption to justify “why the technology to implement the standard is not available” and why an extension “is in the national security interests of the United States.” Both of these showings are required by the statutory text.
Stakeholders will be following these issues closely. Indeed, on March 27, 2025, the Environmental Defense Fund filed a request under the Freedom of Information Act, seeking, among other things, any requests for exemptions and information or materials submitted to EPA in support of a request, as well as any correspondence to and from the EPA electronic mailbox associated with these exemptions.
