EPA Invites Regulated Industries to Apply for Exemption from Hazardous Air Pollutant Rules

On March 24, 2025, EPA added a page to its website inviting the regulated community to request Presidential Exemptions under section 112(i)(4) of the Clean Air Act. That section allows the President to exempt a stationary source from hazardous air pollutant rules promulgated under section 112, provided the President finds that the technology required to meet the standard is unavailable and that the exemption would be in the United States' national security interests. Exemptions under this section are available for a renewable two year term. 

EPA's invitation indicates that the agency previously requested, on March 12, 2025, that facilities subject to a set of nine Biden-era rules submit information about why they meet the criteria for a Presidential Exemption while the agency reconsiders those rules. EPA further explained that the agency has set up an email address to collect requests for these exemptions, provided guidance on how requests should be drafted, and set a deadline of March 31, 2025 for requests to be submitted. 

The nine rules currently be reconsidered (and from which regulated parties are invited to immediately apply for exemptions), include the following: 

• "National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review” (89 FR  38508; May 7, 2024) (MATS Rule)
• “New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins” (89 FR 42932; May 16, 2024) (HON rule);
• “National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review” (89 FR 24090; April 5, 2024) (Sterilizer Rule);
• “National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing” (89 FR 94886; November 29, 2024) (Rubber Tire Rule);
• “National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review” (89 FR 41648; May 13, 2024) (Copper Rule);
• “National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review” (89 FR 23294; April 3, 2024) (Iron and Steel Rule);
• “National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review” (89 FR 57738; July 16, 2024) (Lime Rule);
• “National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries; Residual Risk and Technology Review, and Periodic Technology Review” (89 FR 55684; July 5, 2024) (Coke Ovens Rule); and 
• “National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing” (89 FR 16408; March 6, 2024) (Taconite Rule).