Jonathon Berman, jonathon.berman@sierraclub.org
Washington, DC – Earlier this week, the EPA proposed removing the emergency affirmative defense provisions from operating permit regulations in Title V of the Clean Air Act (CAA). This proposal seeks to close one of multiple loopholes within the CAA regulations, which permit industrial facilities, such as coal plants and oil refineries, to release unlimited amounts of dangerous air pollution during startup, shutdown, and malfunction (SSM) events without facing legal consequences. The Sierra Club has been calling for all loopholes – including the dangerous loopholes in air toxics rules allowing refineries, chemical, and petrochemical facilities to pollute uncontrollably during malfunctions – to be closed.
“The Sierra Club is encouraged by the EPA’s proposal to close a Clean Air Act loophole that fossil fuel operators have exploited for years to pollute our communities unabated free of any consequences,” said Sierra Club Organizing Representative Bryan Parras. “This is a critical and necessary step towards safeguarding our communities – especially fenceline communities that have borne the brunt of pollution for decades – but significant work still remains. The EPA must now work to eliminate every SSM loophole that polluting facilities are exploiting so that the full promise of the Clean Air Act is finally realized.”
In October of 2021, the Biden Administration withdrew guidance issued by the Trump Administration permitting facilities to exploit said loophole.
"It's good news that EPA is finally recognizing the need to remove this malfunction defense from the Clean Air Act permitting rules,” said James Pew, Senior Attorney and Director, Federal Clean Air Practice for Earthjustice, DC. “The D.C. federal appeals court struck down this dangerous loophole for uncontrolled pollution releases as blatantly illegal in 2014. Now it's essential for Administrator Regan to continue to lead on this issue by ending the equally unlawful loopholes for startup, shutdown and malfunction pollution that remain in many air toxics rules. In particular, Administrator Regan needs to remove them right away from EPA's air toxics rules for the refinery, chemical, and petrochemical sectors, where they are doing serious and continuous harm to neighboring communities."
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.