On April 9, 2024, the U.S. Environmental Protection Agency ("EPA") finalized a set of rules designed to significantly reduce emissions of certain toxic air pollutants, including ethylene oxide and chloroprene, from chemical plants. These rules impose stricter emissions standards and testing and monitoring requirements to control emissions of certain hazardous air pollutants under the Clean Air Act. EPA expects the reductions to "dramatically reduce the number of people with elevated air toxics-related cancer risks in communities surrounding the plants that use those two chemicals, especially communities historically overburdened by air toxics pollution."
EPA's new rulemaking does not directly address climate change - indeed, the increased emissions standards and new controls are anticipated to cause $173 million in climate-related costs between 2024-2038 by slightly increasing carbon dioxide and nitrous oxide emissions from chemical facilities. However, this new rule joins a host of recent EPA actions targeting the safety of chemical facilities in the face of a changing set of pollution risks, including EPA's recent rule that requires chemical facilities to assess, and prepare for, the risk of pollution caused by climate change-driven natural disasters.
The final rule will go into effect 60 days from the date that the rule is published in the Federal Register.