Environmental and Community Groups Call Upon EPA To Close Clean Air Act Loopholes

WASHINGTON, D.C. -- Today, several environmental and community organizations formally petitioned EPA to eliminate nearly 100 exemptions in the Clean Air Act that allow industrial polluters around the country to dump deadly air pollution with impunity into nearby communities during start ups, shutdowns, and malfunctions (SSM). 

During SSM events, industrial polluters can release more harmful air pollution during a single pollution spike than they’re legally allowed in an entire year, without consequences or reporting requirements. As long as these loopholes exist, fenceline and downwind communities can be exposed to nearly limitless amounts of soot, smog, and toxic chemicals including ethylene oxide, hydrogen cyanide, hydrofluoric acid, sulfuric acid, and other carcinogens and neurotoxicants. 

In submitting this petition to EPA, signatory groups released the following statements:

Sierra Club Healthy Communities Organizer Bryan Parras:

“These loopholes are unsafe, unjust, and unlawful. Until the EPA addresses these free passes for polluters, people living under the shadow of industrial facilities–frequently, low-income communities and communities of color–will continue to be exposed to a laundry list of toxic air pollutants without any way to hold industries accountable.”  

Sierra Club Senior Attorney Andrea Issod:

“Because the Clean Air Act is clear that massive SSM pollution events cannot be ignored, courts have repeatedly struck down unlawful SSM provisions. Yet EPA has failed to fix its unlawful regulations. EPA must act immediately to eliminate the loopholes across the board in a comprehensive way to brief relief to communities that have been suffering for far too long.

Earthjustice Attorney Seth Johnson:

“Industrial facilities across the country start up, shutdown, and malfunction repeatedly. When they do, they use illegal loopholes to spew out tons of harmful air pollution into neighboring communities with impunity. EPA must immediately close SSM loopholes. Communities are counting on EPA to protect their health and improve their quality of life.” 

Progressive Coders Network Public Policy Advocate Irasema Hernandez:

“Frontline communities, environmental organizations, and legal advocates across the country have been tirelessly working for decades to close these loopholes, and EPA action cannot come quickly enough. We recognize and appreciate President Biden and EPA Administrator Michael Regan’s commitment to environmental justice and urge EPA to right this longstanding, egregious example of environmental racism by closing these loopholes once and for all."