A New EPA initiative seeks to exploit a Clean Air Act loophole, letting petrochemical and coal plants bypass limits on hazardous air pollution.
WASHINGTON, March 28, 2025—In a move that undermines clean air protections and public health, the Trump administration’s US Environmental Protection Agency (EPA) unveiled an initiative that attempts to exploit a narrow exemption under Section 112 of the Clean Air Act, to allow petrochemical and coal facilities to avoid compliance with critical pollution control standards.
The Clean Air Act only permits such exemptions in rare and exceptional cases where compliance technology is unavailable and is in the interest of national security. The suspension is meant for rare, critical cases — not sweeping deregulation. The Trump administration’s EPA, however, is encouraging corporations to self-declare exemptions with no public input, accountability, or credible justification.
The Clean Air Act gives the EPA the authority to regulate Hazardous Air Pollutants (HAP) by requiring polluting facilities to install pollution control technology. In 2024, the Biden administration issued nine regulations to cut HAP emissions from plastic and petrochemical production facilities, gas-fired power plants, and more. These rules reduce the emission of toxic chemicals into communities, preventing illness and disease.
Steven Feit, Senior Attorney and Legal and Research Manager at Center for International Environmental Law (CIEL) issues the following statement:
“A loophole meant for rare, critical cases is now being exploited in an attempt to let polluters pump toxic chemicals into our air. This isn’t protecting national security — it’s a betrayal of public trust and safety.
“Trump’s EPA is now trying to exploit this exemption to benefit some of the most polluting industries in the US at the expense of communities. Under the new process, corporations can request a renewable two-year exemption from clean air standards by simply submitting an email stating that the technology is unavailable and that an extension is in the national security interests of the United States.
“No exemptions have been granted yet, and they may be challenged, but this scattershot approach violates the spirit of the law, just as Administrator Lee Zeldin’s deregulatory agenda violates the very purpose of the EPA. But big claims don’t change the law. The HAP rules still stand. Changing them requires a formal process, public input, and a factual basis. EPA cannot deregulate by proclamation.”
Media Contact
For press inquiries, interviews, or more information, please contact:
Lindsey Jurca: [email protected].