The U.S. Environmental Protection Agency (EPA) has proposed amendments to a 2020 Clean Air Act rule in order to enhance public health protections and promote technological innovation in reducing pollution. The proposed changes aim to ensure that industrial facilities emitting large amounts of hazardous air pollution cannot increase emissions when reclassifying from a "major source" to an "area source."
This amendment serves as a modification to the EPA's 1995 "Once In, Always In" Policy, which permanently classified facilities as major sources of hazardous air pollutants. The agency argues that the proposed changes will maintain the original policy's goal of ensuring compliance and stable emission reductions. However, critics are calling for a comprehensive evaluation of the potential impacts on industry costs and administrative burden.
Under Section 112 of the Clean Air Act, the targeted 2020 rule allows major sources to reclassify as area sources. The proposed amendments would require such facilities to establish federally enforceable permit conditions, aimed at preventing emission increases during or after reclassification.
Joseph Goffman, Principal Deputy Assistant Administrator for Air and Radiation at the EPA, commented on the proposal, stating, "Ensuring facilities do not increase emissions of air toxics after being reclassified will help protect communities. This proposal will continue to allow facilities to innovate while maintaining emission reductions."
The EPA emphasizes that these amendments will make the limitations on emissions federally enforceable, setting consistent standards for both newly reclassified sources and those that have already undergone reclassification. The proposal aligns with President Biden's Executive Order 13990, which promotes science-based policies to protect public health and address the climate crisis.
