In a victory for industry, the U.S. Environmental Protection Agency in January eliminated the “once in, always in” policy under the Clean Air Act.
The policy required “major sources” -- facilities that release at least 10 tons per year of a single hazardous air pollutant or 25 tons of any combination of HAPs each year –- to comply with applicable maximum achievable control technology (MACT) standards in perpetuity, even when they reduced emissions below major-source thresholds.
Now, facilities can be reclassified as smaller “area sources” subject to less stringent requirements.
“This guidance is based on a plain language reading of the statute that is in line with EPA's guidance for other provisions of the Clean Air Act,” Bill Wehrum, Assistant Administrator of EPA's Office of Air and Radiation, said in a statement.
The "once in, always in" policy punished industry by keeping facilities under heavy regulation even if they made improvements. The policy change “will reduce the regulatory burden for industries and the states, while continuing to ensure stringent and effective controls on hazardous air pollutants,” Wehrum said.
Sen. John Barrasso (R-Wyoming), Chairman of the Senate Environment Committee, said in a statement: “Withdrawal of this policy means manufacturers, oil and gas operations, and other types of industrial facilities will have greater incentive to reduce emissions. Now these companies can help protect the environment without wasting time and money on unnecessary red tape.”
AFS had long opposed the rule and welcomes the policy's withdrawal as a positive step in encouraging the metalcasting industry to continue seeking further reductions of air emissions. The incentives are in keeping with the industry's commitment to environmentally sustainable growth.
If any AFS member foundries are receiving continued enforcement from their state or regional EPA offices on this issue, please contact AFS’s Senior Environmental Health and Safety Technical Director, Juliette Garesché, at (847) 824-0181, ext. 224 or jgaresche@afsinc.org. To learn more about this change in EPA policy, please visit www.afsinc.org.