Bloomberg Law
Oct. 20, 2020, 7:08 PM

EPA Air Pollution Exemption Policy May Have Short Shelf Life

Dean Scott
Dean Scott

A recent EPA policy memo that offers industrial plants a limited exemption from air pollution limits may be little more than a paper tiger, attorneys say, due to the non-binding nature of the guidance, an ongoing legal battle over exemptions, and the potential for a new administration in the White House.

The Oct. 9 memo by Environmental Protection Agency Administrator Andrew Wheeler argues that the Clean Air Act gives states flexibility to administer air pollution requirements and says some exemptions are appropriate because increased emissions are likely unavoidable during startups and other interruptions.

The guidance “does not bind states, EPA, ...