EPA restores industrial air pollution rule axed by Trump
The Environmental Protection Agency on Wednesday strengthened a rule limiting toxic air pollution from factories, refineries and other industrial facilities, reversing one of former president Donald Trump’s major environmental rollbacks.
In an update posted on its website, the agency quietly signaled it had finalized changes to the “Once In, Always In” rule, which requires facilities classified as “major” sources of toxic air pollution to always maintain strict pollution controls, even if they are later reclassified.
EPA considers a facility a “major source” if it annually emits 10 tons or more of a single hazardous air pollutant or 25 tons or more of at least two such pollutants, including arsenic and benzene. Inhaling these pollutants carries a range of health risks.
Short-term exposure to high concentrations of benzene, a sweet-smelling chemical found in gasoline and other petroleum products, can cause headaches, dizziness and unconsciousness. Long-term exposure has been linked to a higher risk of cancer, especially leukemia and other cancers that affect the blood and bone marrow.
The “Once In, Always In” policy was first spelled out in a 1995 memo by a top EPA air official under President Bill Clinton. But Trump officials unofficially ended the policy in 2018 and formally rescinded it in 2020.
Industry groups had chaffed at the rule, calling it overly burdensome. In public comments, the National Association of Manufacturers wrote that “while complying with the existing body of federal regulations can already be costly and confusing, waves of new regulations can make that burden unsustainable.”
Wednesday’s change would not fully restore the Clinton-era policy, since it would allow some facilities to shift from being considered “major” pollution sources if their emissions fall. But most facilities would still have to meet strict requirements for toxic pollutants, including benzene and mercury.
“Manufacturers appreciate the middle-ground the EPA tried to take by not wholly reinstating this flawed policy, but the rule represents the type of regulatory whiplash and exceedance of authority that will only serve to hinder the growth and manufacturing investment the country needs right now,” Chris Phalen, vice president of domestic policy at the National Association of Manufacturers, said in a statement Wednesday.
Environmental and public health advocates have strongly supported the “Once In, Always In” policy, saying it has cut pollution in the poor and minority communities that are often near industrial facilities. They praised the EPA’s move Wednesday while calling for the agency to go even further.
“While today’s rule is not a full repeal of the 2020 rollback, it is an important step forward,” said Harold Wimmer, president and CEO of the American Lung Association, in a statement. “Families and communities living near major polluting sources, as does everyone else in this country, deserve to breathe clean air that won’t make them sick.”
According to the environmental law firm Earthjustice, the Trump-era rollback allowed roughly 4,000 operations to increase their toxic emissions.
“Communities living near mega polluters have long been forced to endure a toxic mix of deadly chemicals that are well-known to cause cancer and other severe health issues,” Patrice Simms, vice president of healthy communities at Earthjustice, said in a statement. “No corporation should ever be allowed to shirk its responsibilities and pollute with impunity.”