EPA Launches Crackdown on Toxic Air Emissions from Over 200 Chemical Plants

On April 9, 2024, the U.S. Environmental Protection Agency (EPA) unveiled a final rule aimed at significantly reducing toxic air pollution originating from chemical plants, notably targeting substances such as ethylene oxide and chloroprene. This regulatory initiative serves to propel President Biden's dedication to environmental justice, envisaging a reduction of over 6,200 tons of toxic air pollutants annually. This reduction is expected to substantially mitigate the elevated cancer risks faced by individuals residing in communities surrounding the plants covered by the rule.

Upon implementation, the rule will achieve a nearly 80% reduction in both ethylene oxide (EtO) and chloroprene emissions from the designated processes and equipment. Additionally, the rule mandates fenceline monitoring for key toxic chemicals, with the EPA committed to disseminating the gathered data to enhance awareness and safeguard nearby communities.

This action represents the latest in a series of measures aimed at safeguarding communities from ethylene oxide pollution, complementing a prior rule aimed at drastically reducing EtO emissions from commercial sterilization facilities. Both regulations align with the objectives of the Biden Cancer Moonshot initiative, aiming to combat cancer while simultaneously advancing environmental justice in communities disproportionately affected by toxic chemicals.

The finalized rule underscores Administrator Michael Regan's commitment to delivering critical health protections for communities he visited during his Journey to Justice tour. This regulation targets specific equipment and processes at approximately 200 plants engaged in the production of synthetic organic chemicals, polymers, and resins, including neoprene. Once enacted, it is poised to curtail EtO and chloroprene emissions by nearly 80%.

Prolonged exposure to these chemicals poses heightened risks of certain cancers, including lymphoma, leukemia, breast cancer, and liver cancer. Furthermore, the EPA anticipates improved protection for children, who are particularly vulnerable to the adverse effects of toxic chemicals such as EtO and chloroprene.

In addition to reducing emissions of ethylene oxide and chloroprene, the rule also addresses other air toxics such as benzene, 1,3-butadiene, ethylene dichloride, and vinyl chloride. This reduction in emissions aims to mitigate the risks of cancer development resulting from exposure to toxic air pollutants. Furthermore, the rule is anticipated to reduce smog-forming volatile organic compounds by an estimated 23,700 tons annually.

The finalized rule stands to provide crucial public health safeguards for communities residing near the covered plants. Notably, during the rule's proposal phase, the EPA conducted a groundbreaking community risk assessment to furnish the public with comprehensive information regarding existing health risks associated with air toxics exposure and the potential impacts of the proposal. The assessment revealed a substantial reduction in the number of individuals facing elevated air toxics-related cancer risks in the affected communities.

While the requirements outlined in the final rule largely mirror those proposed by the EPA, several adjustments have been made in response to public feedback. Notably, the rule includes fenceline monitoring requirements for covered processes and equipment, with modified compliance deadlines to accommodate facility and laboratory preparation needs. Additionally, owners and operators are mandated to identify and rectify sources of pollution if annual average air concentrations of the chemicals surpass specified action levels at the fenceline, with the action levels varying depending on the specific chemical.