The Biden administration has urged coal and oil-fired power plants to cut back on toxic chemical emissions, including mercury.
Today, the Trump administration is offering a special opportunity for businesses. By sending an email, you could receive permission from President Trump to bypass new restrictions and other major clean air regulations.
The Environmental Protection Agency announced this week that a vague section of the Clean Air Act allows the president to temporarily exempt industrial facilities from new regulations if the necessary technology is unavailable and if it is for national security reasons.
In notifications to businesses, the agency provided templates for seeking approval, including what to include in the subject line of an email. “The president will make a decision on merit,” stated a notice issued by the EPA on Monday.
Joseph Goffman, former executive director of the Harvard Law School Environment and Energy Law Program, expressed concern that President Trump is establishing a process that lacks scrutiny.
Goffman noted that government agencies typically set more specific standards for exemptions from regulations. He argued that Congress intended to include conditions in the Clean Air Act that would ensure some level of pollution control.
He stated, “It’s strongly indicated that decisions will be made on an ad hoc basis at best, as the provision doesn’t currently exist. This contradicts Congress’ intent, disregards the public health needs of affected communities, and goes against the EPA’s historical practices.”
EPA spokesperson Molly Vaseliou disagreed with this perspective, asserting that there is no explicit requirement for such conditions in the law. “This type of legal analysis seems in line with the responsibilities given,” she stated in an email addressing the interpretation of the law.
Under the latest policy, businesses can apply for up to two years of exemptions from various new restrictions on the emission of toxic substances like mercury and arsenic. This includes ethylene oxide, a carcinogen used in sterilizing medical devices.
Former New York Congressman Zeldin also mentioned that coal-fired power plants could seek exemptions from new regulations requiring them to address the health risks associated with coal ash, a toxic byproduct of electricity production through burning.
The EPA plans to eventually revise many of these same regulations, a complex process that will take time. While this process unfolds, companies are able to avoid complying with certain rules.
Critics like Pugh find it difficult to justify these exemptions, especially since the Biden administration had already identified feasible alternatives for the new rules. They also question the notion that contamination is in the national interest.
As of Thursday, it remained unclear whether companies had begun applying for exemptions, if any were granted, or if they would be made public. The deadline for applying for exemptions is by the end of the month, according to the EPA.
Alexa Lopez, spokesperson for the National Association of Manufacturers, expressed gratitude for the EPA’s consideration of exemptions for affected manufacturers. “NAM is prepared to collaborate with the administration to find a sustainable solution that protects the environment and supports manufacturers in global competition,” Lopez stated.
Source: www.nytimes.com
