The Biden administration has tightened standards for polluters that were rolled back under the Trump administration — but did not fully return them to their pre-Trump strength.
The policy in question concerns facilities that were once considered “major” emitters of hazardous pollution but have since taken steps to reduce their emissions.
Prior to the Trump administration, facilities that had at one point been considered “major” pollution sources would still have to meet stringent pollution requirements even if they reduced their emissions. This policy was known as “once in, always in.”
However, in 2020, the Trump administration allowed polluters that had cut their emissions to reclassify as smaller “area” polluters and follow less stringent pollution control and reporting requirements.
The Biden administration’s actions restored the pre-Trump requirements for facilities that are significant sources of seven types of harmful and persistent pollution.
It tackles pollutants such as mercury, which is a neurotoxin, as well as cancer-causing PCBs and dioxins.
But it leaves in place the Trump-era flexibility for other types of facilities.
Environmental and health advocates described the Biden administration’s action as a positive step, but many also called for a return to pre-Trump regulations.
“Overall, we think this is a really important step, and undoes some of the damage done by the previous administration,” said Noha Haggag, senior attorney at the Environmental Defense Fund.
“Even though this is an important step, we would like EPA to eventually take more action,” Haggag added.
Environmental Protection Agency (EPA) Administrator Michael Regan signed the final rule Friday, and it was posted to the agency’s website Wednesday without fanfare.
Reached for comment, an EPA spokesperson told The Hill that the rule will “ensure that sources of seven key hazardous air pollutants will continue to comply with major source emission standards, even if the source reclassifies as an area source.”
When it rolled back the protections, the Trump administration argued that it was incentivizing polluting companies to invest in better emissions-control technology and ending regulations that discourage such investments.
Environmental advocates disagreed, saying the actions would likely result in more pollution.
"Without the 'once in, always in' policy, a major source could reduce their emissions below the threshold and then legally increase their emission to just below the threshold, or even go beyond without the rigorous monitoring requirements to catch them,” Haggag said Wednesday.
