Big polluters are escaping regulations under this EPA rule

Given the Trump Loophole’s impacts on environmental justice communities, reversing it should be a priority. In September, however, the EPA proposed a rule that would leave the worst elements of the loophole in place. It would allow big polluters in heavily polluted communities to increase their emissions of the most toxic pollutants, substances like mercury, dioxins, chromium VI, polychlorinated biphenyls (PCBs) that cause cancer, birth defects, and other serious health harms, even in tiny quantities.

The Trump loophole works by allowing big polluters, known as “major sources,” of hazardous air pollution, to avoid obligations to control and monitor emissions by categorizing themselves as small polluters, known as “area sources.” Area sources typically have minimal control and monitoring requirements, or none at all.

“Major sources” of hazardous air pollutants must reduce all their toxic pollution by the “maximum” degree that is “achievable.” They also must monitor their emissions and report them to the EPA and the public, which makes them accountable when their emissions are too high. Most “area sources,” on the other hand, do not have to monitor or report their emissions or even get a permit that requires an opportunity for public comment. Reclassifying sources from “major” to “area” usually means reclassifying them from sources that must control and monitor their emissions to sources that do not.

The EPA can act in two ways to strengthen its rule. First, the agency must close the Trump-era loophole that allows “major” industrial facilities to avoid regulation and increase their hazardous air pollution emissions by reclassifying themselves as “area” sources. It is especially important that EPA closes this loophole for facilities that emit persistent and bioaccumulative pollutants that Congress identified in law, such as polychlorinated biphenyls (PCBs), polycyclic organic matter, and hexachlorobenzene. Second, the EPA should also add a requirement that pollution limits are federally enforceable so that people can exercise their right to comment on and enforce permits.

These changes are necessary to hold big polluters accountable, but we won’t win them without public support. Tell the EPA to finalize a rule that protects our air quality and public health.