The EPA isn’t doing enough to keep mercury, dioxins, and other carcinogens out of our air.

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Dear Friend,

Air pollution is a major threat. Bad air quality makes it hard to breathe and causes health problems that kill thousands of people each year. Under a recent EPA-proposed rule, major air pollution sources can reclassify themselves to avoid protective requirements, like implementing pollution control technology. Tell the EPA it must protect public health by finalizing a rule that stops big polluters from bypassing critical pollution control requirements. 

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 substances, like mercury, dioxins, chromium VI, polychlorinated biphenyls (PCBs), which 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 recategorizing 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 strengthen its proposed rule in two ways. 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 pollutants such as mercury, dioxins, and polychlorinated biphenyls (PCBs) that are persistent, bioaccumulative and highly toxic even in tiny quantities. Second, the EPA must fully restore its requirement that any limit allowing sources to avoid major source status be federally enforceable so that people can exercise their right to comment on and enforce the permits for these sources.

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.

Sincerely,
Kathleen Riley
Senior Associate Attorney

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