Presidential Exemption from Compliance with the Clean Air Act? Apparently, It's Real

 Just when you thought things couldn’t get more whacky, power plants, industrial facilities, and other entities that emit air pollutants can send an email requesting a presidential exemption from compliance with Section 112 of the Clean Air Act. According to Heatmap the president himself will review and decide if the exemption applies. I initially doubted that it was true, but upon further investigation, it seems to be the case. According to the EPA it applies to situations where the technology to come into compliance is not available. Although that sometimes happens, I believe there is available technology for the vast majority of pollution sources to come into compliance. All you have to do is make a case and the EPA will submit it to the president for approval or disapproval. However, as noted below this is time limited, and email requests will only be accepted until March 31.  

“The EPA said in a statement to CBS News that section 112(i)(4) of the Clean Air Act "specifically states that the President may exempt any stationary source '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.'"

“Environmental law experts believe the policy will be challenged in court. "I've never seen anything like this before," said Mary Nichols, a distinguished counsel for the Emmett Institute on Climate Change and the Environment at UCLA Law School. Nichols says because the statute is so broad, it is subject to abuse. "I think the likely first lawsuit is a blanket challenge to the entire procedure," she said.

“CBS News asked the EPA if it could explain how all the emails will be processed and assessed, whether each one will be individually considered by President Trump, and how many emails the agency has already received, but the EPA did not address those questions.”

“But sending the email request to the EPA does create a paper trail that companies may want to consider. "This is something that we will fight to make public," said Joe Bonfiglio, executive director of the U.S. region of the Environmental Defense Fund, a prominent environmental nonprofit. "For companies who take advantage of this hall pass, there are organizations like ours who will make sure communities around those facilities know about the requests."

“Companies have until March 31 to email the EPA with the required information for the president to consider.”

     According to E&E News:

“Walter Mugdan, former deputy administrator for EPA’s New York City-based regional office and Superfund director, said the move is “highly unusual” and he’s not aware of the authority being used, especially in such a sweeping manner that affects myriad technologies.”

“Mugdan pointed out that the exemptions would affect rules limiting the release of ethylene oxide, which is used in the pharmaceutical industry as a sterilizing agent but is also an incredibly dangerous and carcinogenic chemical that needs to be carefully controlled to protect nearby communities.”

     Does this make a mockery of environmental protection? Or is that the point? Donny Knows All. (sarcasm).

     Below is the section about it from the EPA website, including the rules EPA is considering changing which includes some of the most toxic substances known like mercury, arsenic, coal coking plants (which have literally killed many people), and ethylene oxide.

 

Clean Air Act Section 112 Presidential Exemption Information – on U.S. EPA Website

To advance President Trump’s Executive Orders and Power the Great American Comeback, EPA has set up an electronic mailbox to allow the regulated community to request a Presidential Exemption under section 112(i)(4) of the Clean Air Act. You may submit a request for a Presidential Exemption to this email address: airaction@epa.gov by March 31, 2025.

The Clean Air Act allows the President to exempt stationary sources of air pollution from compliance with any standard or limitation under section 112 for up to two years if the technology to implement the standard is not available and it is in the national security interests of the United States to do so.   Submitting a request via this email box does not entitle the submitter to an exemption.  The President will make a decision on the merits.

An exemption may be extended for up to two additional years and can be renewed, if appropriate. On March 12, 2025, EPA requested that facilities and/or affected sources subject to the regulations below submit information about why their facility and/or affected source meets the requirements under Clean Air Act Section 112(i)(4) for a Presidential exemption while EPA reconsiders these rules:

"National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review” (89 FR  38508; May 7, 2024) (MATS Rule)

“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” (89 FR 42932; May 16, 2024) (HON rule);

“National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review” (89 FR 24090; April 5, 2024) (Sterilizer Rule);

“National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing” (89 FR 94886; November 29, 2024) (Rubber Tire Rule);

“National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review” (89 FR 41648; May 13, 2024) (Copper Rule);

“National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review” (89 FR 23294; April 3, 2024) (Iron and Steel Rule);

“National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review” (89 FR 57738; July 16, 2024) (Lime Rule);

“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” (89 FR 55684; July 5, 2024) (Coke Ovens Rule); and 

“National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing” (89 FR 16408; March 6, 2024) (Taconite Rule).

   

 

 

References:

 

Clean Air Act Section 112 Presidential Exemption Information. U.S. EPA. Clean Air Act Section 112 Presidential Exemption Information | US EPA

Want to avoid costly environmental regulations? Just email the EPA. Tracy J. Wholf. CBS News. March 27, 2025. Want to avoid costly environmental regulations? Just email the EPA.

Want a Clean Air Act exemption? Just email EPA. Hannah Northey. E&E News. March 27, 2025. Want a Clean Air Act exemption? Just email EPA. - E&E News by POLITICO