Whitehouse and Schiff introduce bill to end exemptions for toxic chemical polluters

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Sheldon Whitehouse, Ranking Member of the Environment and Public Works Committee | Environment and Public Works Committee

Whitehouse and Schiff introduce bill to end exemptions for toxic chemical polluters

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Senators Sheldon Whitehouse and Adam Schiff introduced the No Passes for Polluters Act on Apr. 27, aiming to prevent presidential exemptions that allow industrial facilities to avoid Clean Air Act pollution controls.

The legislation responds to actions by President Trump, who exempted more than 180 facilities from regulations intended to protect Americans from cancer and other severe health risks. The senators say their bill is needed to clarify congressional intent and close loopholes in existing law.

Whitehouse said, “The Trump administration’s corrupt polluter industry bosses will abuse every loophole available to pollute for free, damn the health consequences for Americans. Our No Passes for Polluters Act will rein in Trump’s abuse of toxic chemical control exemptions to ensure this process is not used for corrupt giveaways to the fossil fuel industry.” Schiff added, “President Trump’s EPA is allowing industrial polluters to apply for exemptions to the Clean Air Act’s limits on toxic emissions. Trump is the first president to implement such a giveaway to the fossil fuel industry at the expense of our health. Our legislation will stop the administration from giving out free passes to polluters so we can keep our air breathable.”

Under section 112(i)(4) of the Clean Air Act, presidents may exempt stationary sources from pollution standards if technology is unavailable or national security interests are involved. According to Whitehouse and Schiff, no previous president had used this exemption before President Trump established an expedited process granting nearly one-third of coal-fired power plants and significant portions of other industries waivers without showing required justifications.

The new bill would remove section 112(i)(4) entirely and restrict similar exemptions under other sections unless approved by a two-thirds vote in Congress during true emergencies. Environmental groups including Natural Resources Defense Council (NRDC), Environmental Defense Fund Action, Earthjustice Action, and Sierra Club have endorsed the measure.

Sam Goodstein of NRDC said, “The Trump administration is illegally giving the nation's most hazardous industries a free pass... These exemptions are part of a broader pattern of sidestepping Congress...” Joanna Slaney from Environmental Defense Fund stated that these waivers put millions at risk: “No other administration has so brazenly flouted the Clean Air Act.” Liz Ruben with Earthjustice Action said families near industrial sites are paying with their health: "We're grateful...for fighting to ensure people are protected." Patrick Drupp from Sierra Club commented that regulatory rollbacks have increased risks like asthma and cancer while benefiting corporate polluters.

According to the official website, the Senate Environment and Public Works Committee maintains its administrative base in the Senate Dirksen Office Building where it supports hearings related both nationwide environmental quality issues as well as infrastructure matters across America. The committee oversees federal programs balancing conservation needs with national priorities according to its official site. Shelley Moore Capito chairs this committee alongside members such as Kevin Cramer and Cynthia Lummis according again. Through various subcommittees focused on clean air or transportation infrastructure as reported by its official website, it influences policy decisions about environmental regulations affecting wildlife protection throughout all states.

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