EPA Announces Short Window for Clean Air Exemptions

The Environmental Protection Agency (EPA) invited companies to request exemptions from several Biden-era air pollution regulations under Section 112 of the Clean Air Act. This provision allows the President to exempt stationary

sources from compliance for up to two years if the necessary technology is unavailable and if such an exemption serves the national security interests of the United States.

To facilitate this process, the EPA has established an electronic mailbox, airaction@epa.gov, to submit exemption requests by March 31, 2025. The agency's website provides detailed instructions on the application process, emphasizing that submitting a request does not guarantee an exemption; each will be evaluated on its merits. The instructions will also be included below.

This initiative targets nine regulations implemented during the previous administration, including standards for hazardous air pollutants (HAPs) emitted by coal- and oil-fired power plants, synthetic organic chemical manufacturing, and sterilization facilities. The EPA is considering a two-year compliance exemption via Section 112(i)(4) of the Clean Air Act for affected facilities while reconsidering these rules. The complete list of rules can be found here.